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HomeMy WebLinkAboutMINUTES - 07282015 - C.66RECOMMENDATION(S): ADOPT Resolution No. 2015/264 that amends and supersedes Resolution No. 2009/386, the establishing and governing resolution of the Kensington Municipal Advisory Council (KMAC), to reduce the residency requirement for serving on the council from three years to one and broaden the eligible applicant pool; and 1. AMEND the Bylaws of the KMAC to reflect the reduced residency requirement for serving on the council from three years to one to broaden the eligible applicant pool. 2. FISCAL IMPACT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 07/28/2015 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Federal D. Glover, District V Supervisor Contact: Kate Rauch 510-231-8691 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 28, 2015 David Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 66 To:Board of Supervisors From:John Gioia, District I Supervisor Date:July 28, 2015 Contra Costa County Subject:Amendment to the Kensington Municipal Advisoy Establishing Resolution and Bylaws to Reduce the Residency Requirement BACKGROUND: The Kensington Municipal Advisory Council (KMAC) bylaws, as reflected Resolution No. 2009/386 require a three year residency in Kensington to be eligible for appointment to the council. It has been historically challenging to attract eligible candidates to serve on the KMAC, reflected in seat vacancies. Supervisor Gioia recommends reducing the residency requirement to one year, to broaden the candidate pool, while requiring familiarity with the community. CLERK'S ADDENDUM Resolution No. 2015/264, Paragraph 3. Membership; and Article 3 of the bylaws are amended as follows: “The Council shall consist of five (5) members and two (2) alternates (a First Alternate and a Second Alternate), who shall be residents of the Kensington community, shall have resided there for at least one (1) year prior to assuming office, and who shall be selected and appointed by the Board of Supervisors, upon nomination by the District I Supervisor. , from lists of nominees submitted by the Kensington Improvement Club, Kensington Property Owners’ Association, and the Kensington Municipal Advisory Council. Each organization shall only nominate residents having the above-listed qualifications. ADOPTED the amended Resolution 2015/264 and bylaws. ATTACHMENTS Resolution No. 2015/264 KMAC Bylaws Final KMAC Bylaws Redline Archived Resolution No. 2009-386 KMAC Kensington MAC Boundary Map 1 BY-LAWS of KENSINGTON MUNICIPAL ADVISORY COUNCIL ARTICLE 1 Name of the Council The name of the council shall be the Kensington Municipal Advisory Council (hereinafter referred to as ‘KMAC’). ARTICLE 2 Duties and Powers Section 1. KMAC shall advise the Board of Supervisors on land use planning matters affecting the Kensington community (hereinafter referred to as „the Community‟) such as land use designations, General Plan amendments, environmental impact reports, negative declarations and entitlement applications such as development plans filed pursuant to County Code Chapter 84-74 and requests for variances. Section 2. KMAC shall also represent the Community before the County Planning Commission, the Zoning Administrator, and the County Board of Supervisors on such land use, planning and zoning matters. In addition, KMAC may: advise the Board of Supervisors on local government services as requested by the Board; provide input and reports to the Board, County staff or any County hearing body on issues of concern to the community; and serve as liaison between the Community and the County Supervisor representing Kensington. Section 3. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Community and that KMAC shall serve solely in an advisory capacity. Except as specified above, KMAC may not represent the Community to any state, county, city, special district or school district, agency or commission, or any other organization on any matter concerning the community. In addition, KMAC may not, as a body, take positions on candidates for any public office. 2 ARTICLE 3 Membership Section 1. KMAC shall consist of five (5) members (“authorized positions”) and two (2) alternates (a First Alternate and a Second Alternate), who shall be residents of the Community, shall have resided there for at least one (1) year prior to assuming office, and who shall be selected and appointed by the Board of Supervisors upon nomination of the Supervisor representing Kensington from lists of nominees submitted by the Kensington Improvement Club, Kensington Property Owners‟ Association, and KMAC. Each organization shall only nominate residents having the above-listed qualifications. Section 2. The First Alternate member shall fill in for any regular member who is absent from all or part of a meeting. The Second Alternate member shall fill in when the First Alternate member is not available or when two regular members are absent. Section 3. Members shall serve four (4) year terms. Their terms shall be coterminous with the term of office of the Supervisor nominating the Members to the KMAC. ARTICLE 4 Officers Section 1. The officers of KMAC shall be the Chair, Vice-Chair and Secretary. Section 2. The Chair shall conduct meetings, develop and distribute agendas, interact with the public and represent the KMAC at hearings of the Zoning Administrator and Planning Commission. Section 3. The Vice-Chair shall act for the Chair in his or her absence. Section 4. The Secretary shall record, produce and distribute minutes of the meetings. ARTICLE 5 Meetings and Notice Section 1. Open public meetings shall be conducted in accordance with the provisions of the “Brown Act” (Government Code Secs. 54950 ff.) including the pre- 3 meeting posting of the agenda, and the Better Government Ordinance, (Ordinance Code Division 25, commencing with the Section 25-2.202). Section 2. The regular meetings of KMAC shall be held on the last Tuesday of every month from January through November. An additional Regular meeting shall be held on the first Tuesday of January. Section 3. The regular meetings shall be held at the Kensington Community Center at 7:00 O‟clock in the evening. Section 4. A quorum shall be a majority of the total number of authorized positions on KMAC, not a majority of the total number of filled positions. KMAC may only take action by a majority vote of the total number of authorized positions, not by a majority vote of the quorum. Section 5. At meetings KMAC shall act upon complete applications for discretionary land use projects such as requests for variances, or development plan reviews for which a hearing is required under either County Code Section 84-74.1006 (a) (1) or Section 84-74.1006 (a) (2). In the event that the number of applications exceeds that which can reasonably be considered during a meeting, some applications may be deferred until the next meeting of KMAC for consideration. Applications will be considered in the order received. Section 6. Agendas for each meeting shall be posted at a minimum of three (3) public locations: on the kiosk in front of 299 Arlington Avenue, on the bulletin board in front of the Public Safety Building and in the Kensington Public Library. Agendas shall be posted at least ninety-six (96) hours before each regular meeting. Section 7. All applications for land-use entitlements referred to KMAC for recommendation may, at the discretion of KMAC, be specially noticed to adjacent properties. Such noticing may include all properties potentially impacted by the requested construction but need not extend a distance greater than three-hundred (300) feet from the subject property. Section 8. KMAC shall hold special meetings as necessary to ensure timely and effective input on land use matters or for other urgent matters. Special meetings may be called by the Chair or by a majority of KMAC members, but a quorum is required for 4 any meeting to proceed. Agendas shall be posted at least twenty-four (24) hours before each special meeting. Section 9. A regular meeting may be rescheduled by any two Officers of KMAC if necessary to insure attendance by either the Chair or Vice-Chair. Section 10. A regular meeting may be cancelled by the Chair or Vice-Chair. ARTICLE 6 Conflicts with County Policies Section 1. To the extent there are any inconsistencies between these bylaws and the resolutions creating KMAC or countywide MAC policies, the resolutions and countywide MAC policies will govern. ARTICLE 7 Adoption of By-Laws Section 1. By-Laws and by-law amendments shall be recommended by KMAC and be effective upon approval by the Board of Supervisors of Contra Costa County. RECOMMENDATION TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: The Board of Supervisors recommends adoption of these By-Laws by the following vote. Ayes_____ Noes_____ ______________________ _____________________ Chair Date 1 BY-LAWS of KENSINGTON MUNICIPAL ADVISORY COUNCIL ARTICLE 1 Name of the Council The name of the council shall be the Kensington Municipal Advisory Council (hereinafter referred to as ‘KMAC’). ARTICLE 2 Duties and Powers Section 1. KMAC shall advise the Board of Supervisors on land use planning matters affecting the Kensington community (hereinafter referred to as „the Community‟) such as land use designations, General Plan amendments, environmental impact reports, negative declarations and entitlement applications such as development plans filed pursuant to County Code Chapter 84-74 and requests for variances. Section 2. KMAC shall also represent the Community before the County Planning Commission, the Zoning Administrator, and the County Board of Supervisors on such land use, planning and zoning matters. In addition, KMAC may: advise the Board of Supervisors on local government services as requested by the Board; provide input and reports to the Board, County staff or any County hearing body on issues of concern to the community; and serve as liaison between the Community and the County Supervisor representing Kensington. Section 3. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Community and that KMAC shall serve solely in an advisory capacity. Except as specified above, KMAC may not represent the Community to any state, county, city, special district or school district, agency or commission, or any other organization on any matter concerning the community. In addition, KMAC may not, as a body, take positions on candidates for any public office. 2 ARTICLE 3 Membership Section 1. KMAC shall consist of five (5) members (“authorized positions”) and two (2) alternates (a First Alternate and a Second Alternate), who shall be residents of the Community, shall have resided there for at least one (1) year prior to assuming office, and who shall be selected and appointed by the Board of Supervisors upon nomination of the Supervisor representing Kensington from lists of nominees submitted by the Kensington Improvement Club, Kensington Property Owners‟ Association, and KMAC. Each organization shall only nominate residents having the above-listed qualifications. Section 2. The First Alternate member shall fill in for any regular member who is absent from all or part of a meeting. The Second Alternate member shall fill in when the First Alternate member is not available or when two regular members are absent. Section 3. Members shall serve four (4) year terms. Their terms shall be coterminous with the term of office of the Supervisor nominating the Members to the KMAC. ARTICLE 4 Officers Section 1. The officers of KMAC shall be the Chair, Vice-Chair and Secretary. Section 2. The Chair shall conduct meetings, develop and distribute agendas, interact with the public and represent the KMAC at hearings of the Zoning Administrator and Planning Commission. Section 3. The Vice-Chair shall act for the Chair in his or her absence. Section 4. The Secretary shall record, produce and distribute minutes of the meetings. ARTICLE 5 Meetings and Notice Section 1. Open public meetings shall be conducted in accordance with the provisions of the “Brown Act” (Government Code Secs. 54950 ff.) including the pre- 3 meeting posting of the agenda, and the Better Government Ordinance, (Ordinance Code Division 25, commencing with the Section 25-2.202). Section 2. The regular meetings of KMAC shall be held on the last Tuesday of every month from January through November. An additional Regular meeting shall be held on the first Tuesday of January. Section 3. The regular meetings shall be held at the Kensington Community Center at 7:00 O‟clock in the evening. Section 4. A quorum shall be a majority of the total number of authorized positions on KMAC, not a majority of the total number of filled positions. KMAC may only take action by a majority vote of the total number of authorized positions, not b y a majority vote of the quorum. Section 5. At meetings KMAC shall act upon complete applications for discretionary land use projects such as requests for variances, or development plan reviews for which a hearing is required under either County Code Section 84-74.1006 (a) (1) or Section 84-74.1006 (a) (2). In the event that the number of applications exceeds that which can reasonably be considered during a meeting, some applications may be deferred until the next meeting of KMAC for consideration. Applications will be considered in the order received. Section 6. Agendas for each meeting shall be posted at a minimum of three (3) public locations: on the kiosk in front of 299 Arlington Avenue, on the bulletin board in front of the Public Safety Building and in the Kensington Public Library. Agendas shall be posted at least ninety-six (96) hours before each regular meeting. Section 7. All applications for land-use entitlements referred to KMAC for recommendation may, at the discretion of KMAC, be specially noticed to adjacent properties. Such noticing may include all properties potentially impacted by the requested construction but need not extend a distance greater than three-hundred (300) feet from the subject property. Section 8. KMAC shall hold special meetings as necessary to ensure timely and effective input on land use matters or for other urgent matters. Special meetings may be called by the Chair or by a majority of KMAC members, but a quorum is required for 4 any meeting to proceed. Agendas shall be posted at least twenty-four (24) hours before each special meeting. Section 9. A regular meeting may be rescheduled by any two Officers of KMAC if necessary to insure attendance by either the Chair or Vice-Chair. Section 10. A regular meeting may be cancelled by the Chair or Vice-Chair. ARTICLE 6 Conflicts with County Policies Section 1. To the extent there are any inconsistencies between these bylaws and the resolutions creating KMAC or countywide MAC policies, the resolutions and countywide MAC policies will govern. ARTICLE 7 Adoption of By-Laws Section 1. By-Laws and by-law amendments shall be recommended by KMAC and be effective upon approval by the Board of Supervisors of Contra Costa County. RECOMMENDATION TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS: The Board of Supervisors recommends adoption of these By-Laws by the following vote. Ayes_____ Noes_____ ______________________ _____________________ Chair Date Kensington MAC Boundary Map EL CERRITO RICHMOND As approved by the Board of Supervisors on 12-16-2008 Legend Approved MAC Boundary City Limits Urban Limit Line 0 0.25 0.50.125 Miles ² Maps created 2/2/2009 by Contra Costa County DCD, GIS Group651 Pine Street, 4th Floor – North Wing, Martinez, CA 94553-0095 37:59:48.455N 122:06:35.384W These maps were created by the Contra Costa County Department of Conservation and Development with data from the Contra Costa County GIS Program. The maps contain copyrighted information and may not be altered. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.