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Home My WebLink AboutBOARD STANDING COMMITTEES - 06022014 - Internal Ops Cte Min INTERNAL OPERATIONS COMMITTEE June 2, 2014 10:30 A.M. 651 Pine Street, Room 101, Martinez Supervisor Karen Mitchoff, Chair Supervisor Candace Andersen, Vice Chair Agenda Items: Items may be taken out of order based on the business of the day and preference of the Committee 1.Introductions 2.Public comment on any item under the jurisdiction of the Committee and not on this agenda (speakers may be limited to three minutes). 3. CONSIDER approving the Record of Action for the May 7, 2014 Internal Operations Committee meeting. (Julie DiMaggio Enea, IOC Staff) 4. CONSIDER approving the nomination of Ronald Chinn for Board of Supervisors appointment to the Environmental Engineer Alternate seat on the Hazardous Materials Commission, to complete the unexpired term ending on December 31, 2017. (Michael Kent, Hazardous Materials Ombudsman) 5. INTERVIEW candidates for Trustee and Alternate Trustee seats on the Contra Costa County Employees' Retirement Association Board of Trustees and DETERMINE nominations for consideration by the Board of Supervisors on June 17 or 24. (Julie DiMaggio Enea, IOC Staff) 6. RECEIVE referral from the Board to evaluate developing a county ordinance to authorize private parking lot owners to issue citations for violations of parking lot regulations and DETERMINE action to be taken. (Supervisor Mitchoff) 7. ACCEPT recruitment plan for the two Board of Supervisors appointees to the East Contra Costa Fire Protection District Board of Directors and one appointee to the Contra Costa Resource Conservation District. (Julie DiMaggio Enea, IOC Staff) 8.The next meeting is currently scheduled for July 7, 2014. 9.Adjourn 1 The Internal Operations Committee will provide reasonable accommodations for persons with disabilities planning to attend Internal Operations Committee meetings. Contact the staff person listed below at least 72 hours before the meeting. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to a majority of members of the Internal Operations Committee less than 96 hours prior to that meeting are available for public inspection at 651 Pine Street, 10th floor, during normal business hours. Public comment may be submitted via electronic mail on agenda items at least one full work day prior to the published meeting time. For Additional Information Contact: Julie DiMaggio Enea, Committee Staff Phone (925) 335-1077, Fax (925) 646-1353 julie.enea@cao.cccounty.us 2 INTERNAL OPERATIONS COMMITTEE 3. Meeting Date:06/02/2014 Subject:RECORD OF ACTION FOR MAY 7, 2014 IOC MEETING Submitted For: David Twa, County Administrator Department:County Administrator Referral No.: N/A Referral Name: RECORD OF ACTION Presenter: Julie DiMaggio Enea, IOC Staff Contact: Julie DiMaggio Enea (925) 335-1077 Referral History: County Ordinance requires that each County body keep a record of its meetings. Though the record need not be verbatim, it must accurately reflect the agenda and the decisions made in the meeting. Referral Update: Attached for the Committee's consideration is the Record of Action for its Special May 7, 2014 meeting. Recommendation(s)/Next Step(s): Staff recommends approval of the Record of Action for the May 7, 2014 IOC meeting. Fiscal Impact (if any): None. Attachments Record of Action for May 7, 2014 IOC Meeting 3 4 5 6 INTERNAL OPERATIONS COMMITTEE 4. Meeting Date:06/02/2014 Subject:NOMINATION TO THE HAZARDOUS MATERIALS COMMISSION Submitted For: William Walker, M.D., Health Services Director Department:Health Services Referral No.: IOC 14/5 Referral Name: Advisory Body Recruitment Presenter: Michael Kent, Hazmat Ombudsman Contact: Michael Kent 925.313-6587 Referral History: In 2013, IOC reviewed Board Resolution Nos. 2011/497 and 2011/498, which stipulate that applicants for At Large/Non Agency-Specific seats on specified bodies are to be interviewed by a Board subcommittee. The Resolutions further permit a Board Committee to select a screening committee to assist in interviewing applicants for appointment. Upon review of the eligible seats, the IOC made a determination that it would conduct interviews for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest Management Advisory Committee, Planning Commission, Treasury Oversight Board, Airport Land Use Commission, Aviation Advisory Committee and the Fish & Wildlife Committee; and that screening and nomination fill At Large seats on all other eligible bodies would be delegated each body or a subcommittee thereof Referral Update: The Hazardous Materials Commission was established in 1986 to advise the Board, County staff and the mayor’s council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous materials release response plan and inventory program, and analyzing and developing recommendations regarding hazardous materials issues with consideration to broad public input. The Hazardous Materials Commission has nominated Ronald Chinn for appointment to the vacant Environmental Engineer Alternate seat, to complete the unexpired term ending on December 31, 2017. Attached is the transmittal letter and applications that were considered in formulating the nomination. Recommendation(s)/Next Step(s): APPROVE the nomination of Ronald Chinn for Board of Supervisors appointment to the 7 APPROVE the nomination of Ronald Chinn for Board of Supervisors appointment to the Environmental Engineer Alternate seat on the Hazardous Materials Commission, to complete the unexpired term ending on December 31, 2017. Fiscal Impact (if any): N/A Attachments HSD Nomination Transmittal Ltr Candidate Application_Jack Bean Candidate Application_Ronald Chinn Candidate Application_Randy Richardson 8 9 10 11 12 13 14 15 16 THIS FORM IS A PUBLIC DOCUMENT BOARD, COMMITTEE OR COMMISSION NAME AND SEAT TITLE YOU ARE APPLYING FOR: ____________________________________________________ ____________________________________________________ PRINT EXACT NAME OF BOARD, COMMITTEE, OR COMMISSION PRINT EXACT SEAT NAME (if applicable) 5. EDUCATION: Check appropriate box if you possess one of the following: High School Diploma G.E.D. Certificate California High School Proficiency Certificate Give Highest Grade or Educational Level Achieved________________________________________________ Names of colleges / universities attended Course of Study / Major Degree Awarded Units Completed Degree Type Date Degree Awarded Semester Quarter A) Yes No B) Yes No C) Yes No D) Other schools / training completed: Course Studied Hours Completed Certificate Awarded: Yes No For Reviewers Use Only: Accepted Rejected Contra Costa County Contra Costa County CLERK OF THE BOARD 651 Pine Street, Rm. 106 Martinez, California 94553-1292 PLEASE TYPE OR PRINT IN INK (Each Position Requires a Separate Application) BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION MAIL OR DELIVER TO: 1. Name:_______________________________________________________________________ (Last Name) (First Name) (Middle Name) 2. Address: _ __________________________________________________ (No.) (Street) (Apt.) (City) (State) (Zip Code) 3. Phones: ________________________ (Home No.) (Work No.) (Cell No.) 4. Email Address: ____________________________________________ For Office Use Only Date Received: For Reviewers Use Only: Reason: Education Experience Incomplete Other Print Form Contra Costa Hazardous Materials Commission Environmental Engineering Chinn Ronald D. Concord CA 94521 University of Arizona Civil Engineering BSCE 1993 17 THIS FORM IS A PUBLIC DOCUMENT 6. PLEASE FILL OUT THE FOLLOWING SECTION COMPLETELY. List experience that relates to the qualifications needed to serve on the local appointive body. Begin with your most recent experience. A resume or other supporting documentation may be attached but it may not be used as a substitute for completing this section. A) Dates (Month, Day, Year) From To Total: Yrs. Mos. Hrs. per week_____ . Volunteer Title Duties Performed Employer’s Name and Address B) Dates (Month, Day, Year) From To Total: Yrs. Mos. Hrs. per week_____ . Volunteer Title Duties Performed Employer’s Name and Address C) Dates (Month, Day, Year) From To Total: Yrs. Mos. Hrs. per week_____ . Volunteer Title Duties Performed Employer’s Name and Address D) Dates (Month, Day, Year) From To Total: Yrs. Mos. Hrs. per week_____ . Volunteer Title Duties Performed Employer’s Name and Address 06/01/2006 Current 7 4 2 10/01/2003 06/01/2006 8 1 07/01/2002 10/01/2003 3 3 05/01/1999 07/01/2002 2 40 40 40 40 President & CEO Innovex Environmental Managment, Inc. Founded Innovex Environmental Management; built the business to a company of twenty people across three offices. Responsible for overseeing and managing all aspects of the business, including technical, marketing, accounting, and legal functions. SWRCB Task Force member, overseeing the State's UST Program and UST Cleanup Fund. Management of a BP/ARCO portfolio of over 200 environmental cases ranging from USTs, pipelines and terminals. Oversaw site investigation activities, developed remedial strategies, and evaluated human health and ecological threats for petroleum releases across California, Oregon, and Washington. URS Corporation Program Manager Acted as the Principal in charge of the engineering practice for a small start-up environmental consulting business in San Mateo. Duties under this position were highly varied, and included petroleum site investigation and remediation, storm water management, human health risk assessment, toxic mold management, and insurance and legal support. SLR Interntational Principal Engineer Management of a Chevron portfolio of over 60 UST and bulk fuel terminal environmental cases in Northern California and Alaska. Directly managed site investigation activities, developed corrective action plans, and designed and implemented active remediation systems to remove petroleum contaminantion from soil and groundwater. SECOR International Senior Engineer 18 THIS FORM IS A PUBLIC DOCUMENT 7.How did you learn about this vacancy? CCC Homepage Walk-In Newspaper Advertisement District Supervisor Other _________________________ 8.Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? (Please see Board Resolution no. 2011/55, attached): No ______ Yes______ If Yes, please identify the nature of the relationship: ______________________________________________ 9. Do you have any financial relationships with the County such as grants, contracts, or other economic relations? No ______ Yes______ If Yes, please identify the nature of the relationship: ______________________________________________ I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publically accessible. I understand and agree that misstatements / omissions of material fact may cause forfeiture of my rights to serve on a Board, Committee, or Commission in Contra Costa County. Sign Name: _____________ Date: __________________________________ Important Information 1. This application is a public document and is subject to the California Public Records Act (CA Gov. Code §6250-6270). 2.Send the completed paper application to the Office of the Clerk of the Board at: 651 Pine Street, Room 106, Martinez, CA 94553. 3. A résumé or other relevant information may be submitted with this application. 4. All members are required to take the following training: 1) The Brown Act, 2) The Better Government Ordinance, and 3) Ethics Training. 5. Members of boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 6.Advisory body meetings may be held in various locations and some locations may not be accessible by public transportation. 7.Meeting dates and times are subject to change and may occur up to two days per month. 8. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. October 1, 2013 19 20 21 22 INTERNAL OPERATIONS COMMITTEE 5. Meeting Date:06/02/2014 Subject:CONDUCT INTERVIEWS FOR THE CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION BOARD OF TRUSTEES Submitted For: David Twa, County Administrator Department:County Administrator Referral No.: IOC 14/5 Referral Name: ADVISORY BODY RECRUITMENT Presenter: Julie DiMaggio Enea, IOC Staff Contact: Julie DiMaggio Enea 925.335.1077 Referral History: On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all vacancies to At Large seats appointed by the Board. The Board also directed that the IOC personally conduct interviews of applicants for At Large seats on several boards, committees, and commissions including the Board-appointed seats on the Contra Costa County Employees' Retirement Association Board of Trustees. On June 30, 2014, the terms for three Trustee and one Alternate Trustee seats will expire. At the direction of the Internal Operations Committee, staff initiated a nine-week recruitment by issuing a press release (attached) on February 14th advertising the vacancy with an application deadline of April 18th. During the recruitment period, four applications were received by the Clerk of the Board. On May 7, the IOC reviewed the applications and decided to interview all of the applicants. Staff extended invitations to the candidates for interview with the Committee today: Referral Update: Debora Allen (Incumbent, seat 5) JoAnn Bowes Jerry Holcombe (Incumbent, Alternate seat) John Phillips (Incumbent, seat 9) Recommendation(s)/Next Step(s): INTERVIEW candidates for Trustee and Alternate Trustee seats on the Contra Costa County Employees' Retirement Association Board of Trustees and DETERMINE nominations for consideration by the Board of Supervisors on June 17 or 24. 23 Fiscal Impact (if any): Trustees receive a stipend of $100 per meeting up to a maximum of $500/mo and reimbursement of actual and necessary expenses, paid by CCCERA. Attachments Press Release for CCCERA Board of Trustees Vacancies Candidate Application Debora Allen CCCERA Candidate Application_JoAnn Bowes_CCCERA JoAnn Bowes Application Follow-up Candidate Application_Jerry Holcombe_CCCERA Candidate Application_John Phillips_CCCERA 24 Contra Costa County County Administrator’s Office •651 Pine Street, 10th Floor•Martinez, CA 94553 •www.co.contra-costa.ca.us Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Wednesday, February 14, 2014 Phone: (925) 335-1077 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE RETIREMENT BOARD? The Contra Costa County Board of Supervisors is seeking individuals with a sound business background, experience in pension fund investment or administration, or in equity investments or banking, to serve on the Contra Costa County Employees’ Retirement Association Board of Trustees. To be considered, candidates must be County residents, must not be Retirement System members or retirees, and may not market any investment, consulting, or related service to the Contra Costa Retirement Board or any other 1937 Act Retirement Board. Regular meetings of the Retirement Board are held the second and fourth Wednesdays of each month beginning at 9:00 a.m. and sometimes extending into the afternoon. There may also be additional meetings on special topics that arise from time to time. Members of the Retirement Board receive $100 per meeting up to a monthly maximum of $500, plus reimbursement for actual and necessary expenses. This recruitment seeks to fill three permanent seats and one alternate seat that will become vacant on June 30, 2014. The appointments will be made for new three-year terms beginning July 1, 2014 and concluding on June 30, 2017. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 335-1900 or by visiting the County website at www.co.contra-costa.ca.us. Applications should be returned to the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553, no later than 5:00 p.m. on Friday, April 18, 2014. Applicants should plan to be available for public interviews on Monday, June 2, 2014 and Tuesday, June 24, 2014. Further information about the Retirement Board can be obtained by calling Retirement CEO Marilyn Leedom at (925) 521-3960 or by visiting the website www.cccera.org. # # # # 25 26 27 28 29 30 31 1 Julie Enea From:Joanna Bowes Sent:Monday, April 21, 2014 10:35 AM To:Julie Enea Subject:Re: CCCERA Application Good morning Julie, I do not market securities to any individual or institution or to CCCERA. Joanna From: Julie Enea <Julie.Enea@cao.cccounty.us> To: Joanna Bowes Sent: Monday, April 21, 2014 9:34 AM Subject: RE: CCCERA Application OK. Last question: do you market securities to CCCERA? From: Joanna Bowes Sent: Friday, April 18, 2014 1:57 PM To: Julie Enea Subject: RE: CCCERA Application Good morning Ms. Enea, The short answer is I do not have a financial relationship with Contra Costa County nor do my firm or I have a financial relationship with CCCERA. Since counties are the custodians for all school and community college funds, I thought it relevant to disclose that I work with various people at the County as a representative of school and community colleges regarding their bond issuance programs. I do not work directly on any County business or transactions and do not receive any compensation from my interactions with County officials. Part of this answer entails understanding my job description as a financial advisor to government agencies – not a broker dealer. Please let me know if you need further information. As a local resident I am extremely interested in this position and my experience with pension obligation programs should prove invaluable. Joanna From: Julie Enea [mailto:Julie.Enea@cao.cccounty.us] Sent: Thursday, April 17, 2014 12:55 PM To: Subject: CCCERA Application Ms. Bowes, I note that you indicated on your CCCERA Trustee application that you have a financial relationship with Contra Costa County. Could you please describe the relationship? Also, do you or your firm have a financial relationship with CCCERA? 32 2 Julie DiMaggio Enea Senior Deputy County Administrator County Administrator’s Office 651 Pine Street, 10th Floor Martinez, CA 94553 (925) 335-1077 33 34 35 36 37 38 39 40 41 42 INTERNAL OPERATIONS COMMITTEE 6. Meeting Date:06/02/2014 Subject:Private Parking Ordinance Submitted For: David Twa, County Administrator Department:County Administrator Referral No.: IOC 14/15 Referral Name: Private Parking Ordinance Presenter: Supervisor Mitchoff Contact: Laura Case 925-521-7100 Referral History: On May 13, 2014, the Board of Supervisors adopted a "Support" position on AB 2381, as introduced (Bonilla): Private parking facilities, a bill that allows cities or counties to authorize, via ordinance or resolution, operators of privately owned and maintained off-street parking facilities to regulate unauthorized parking, and referred to the Internal Operations Committee the evaluation of a county ordinance to authorize private parking lot owners to issue citations for violations of parking lot regulations. Under current state Vehicle Code the only remedy available to private parking lot owners for parking violations is towing of the vehicle. A county ordinance would permit issuance of citations. The Attorney General has issued an advisory ruling that states that California statute must authorize such an ordinance. This ruling is not binding and, therefore, does not preclude the County from enacting such an ordinance. Recently a legal opinion found that Walnut Creek’s ordinance allowing for private property owners to issue citations for parking violations was valid and not preempted by state law. AB 2381, if enacted, will clarify, in State statute, that cities and counties have the authority to enact ordinances allowing operators of privately owned and maintained off-street parking facilities to regulate unauthorized parking in their facilities. Referral Update: Attached is the legislative analysis on AB 2381 from the Board's Legislation Committee and Supervisor Bonilla's AB 2381 Fact Sheet for the Committee's consideration. Recommendation(s)/Next Step(s): RECEIVE referral from the Board to evaluate developing a county ordinance to authorize private parking lot owners to issue citations for violations of parking lot regulations and DETERMINE action to be taken. Fiscal Impact (if any): Unknown, but anticipated to be nominal. 43 Unknown, but anticipated to be nominal. Attachments Leg Cte Report AB 2381 Private Parking Facilities AB 2381 Bill Text AB 2381 Bonilla Fact Sheet 44 LEGISLATION COMMITTEE 6. Meeting Date: 05/01/2014 Subject: AB 2381, as introduced (Bonilla): Private parking facilitiesSubmitted For: LEGISLATION COMMITTEE,Department: County AdministratorReferral No.: 2014-16 Referral Name:AB 2381, as introduced (Bonilla): Private parking facilitiesPresenter:L. DeLaney/925-335-1097Contact:L. DeLaney, 925-335-1097Referral History:Support for AB 2381 was requested by Assembly Member Bonilla's office.Referral Update:SUBJECT: Private parking facilities. Current Status: 04/23/2014: From ASSEMBLY Committee on LOCAL GOVERNMENT: Do pass as amendedSUMMARY: Allows cities or counties to authorize, via ordinance or resolution, operators of privately owned and maintained off-street parking facilities to regulate unauthorized parking.EXISTING LAW: 1) Allows any city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally heldopen for use of the public for purposes of vehicular parking, and that specified traffic laws apply to such facilities, including those related to basic speed law, reckless driving, speed contests and exhibitions of speed. 2) Prohibits any ordinance or resolution described above from applying to any offstreet parking facility unless the owner or operator posts specified notices that the parking facility is subject to public traffic regulations and control. 3) Prohibits any ordinance or resolution described above from being enacted without a public hearing and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. 4) Outlines the requirements for, and limitations on, the removal of vehicles parked on private property, as specified (Vehicle Code section 22658). COMMENTS: 1) Purpose of this bill. This bill clarifies that a city or a county may enact an ordinance that allows the owners or operators of privately owned and maintained off-street parking facilities to regulate parking in their facilities. This bill issponsored by the Walnut Creek Downtown Association. 2) Author's statement. According to the author, "Some cities and counties have ordinances authorizing private parking lot operators to regulate private lots and enforce parking violations through the use of invoices. Parking ordinances outlineconsumer protections and strict requirements of property owners. Ordinances specify signage, penalty amount, dispute resolution, and compliance requirements, and are adopted only with a vote of the city council or county board of supervisors.However, state law does not explicitly prescribe whether or not private companies can enforce meter limits in private parking lots, even when local jurisdictions authorize a company's ability to do so. Clarity is needed in state law to protect allparties." 3) Background. In December of 2011, the Attorney General issued an opinion that was sought to answer four questions: a) Does California Vehicle Code section 22658, or any other state law, authorize private property owners to issue parking citations imposing monetary sanctions to the owners of vehicles parked on their property?Print Agenda Itemhttp://64.166.146.155/print_ag_memo.cfm?seq=17799&rev_num=0&mode=External&reloade...1 of 35/14/2014 3:24 PM45 b) May private property owners acquire, by means of issuing a written warning or posting signage, the right to issue parking citations imposing monetary sanctions to the owners of vehicles parked on their property? c) May persons who tow and impound vehicles under Vehicle Code section 22658 require payment of parking citations that have been issued by private property owners, in addition to the towing and storage charges? d) What rights or remedies are available to the owners of vehicles that have received parking citations imposing monetary sanctions issued by private property owners? The opinion concluded that: a) Neither California Vehicle Code section 22658, nor any other state law, authorizes private property owners to issue parking citations imposing monetary sanctions to the owners of vehicles parked on their property. b) Absent statutory authorization, private property owners may not acquire, by means of issuing a written warning or posting signage, the right to issue parking citations imposing monetary sanctions to the owners of vehicles parked on theirproperty. c) Persons who tow and impound vehicles under Vehicle Code section 22658 may not require payment of parking citations that have been issued by private property owners. d) Owners of vehicles who have received parking citations imposing monetary sanctions issued by private property owners or their agents do not have rights or remedies per se, but the citations are unenforceable against the vehicle owners. Subsequent to this opinion, a class action case was filed in August of 2012 alleging that the opinion, together with various provisions of the Vehicle Code, preclude local governments in California from enacting ordinances allowing the privateissuance of invoices for parking fees. The case involved a private parking operator, Regional Parking Corporation, doing business pursuant to a Walnut Creek ordinance governing private parking lots. In its order after hearing this case, the Contra Costa Superior Court noted that, "The Opinion is silent on the question of whether a local government ordinance would be sufficient 'statutory authorization' to allow a private property owner toissue parking citations. California courts interpret the term 'statute' to include municipal ordinances...Thus, the Court reads the Opinion as including ordinances as potential statutory authorization for the private issuance of citations." The Court then considered a question not addressed in the opinion: whether a local government can enact an ordinance allowing for private property owners to issue citations, or whether any such ordinance would necessarily be preempted bystate law. The Court found that, "Because the Vehicle Code for the most part does not address the regulation of private parking, the Court also finds that there is no implied preemption of the Ordinance. What little state law there is on the topic ofprivate parking expressly provides for the possibility of local regulation thereof...There is no statutory scheme fully occupying the field so as to impliedly preempt local regulation. "Nor is the plaintiff persuasive in arguing that because the City of Walnut Creek cannot contract with private parties to issue citations for public parking violations, it cannot authorize private parties to impose fees for unauthorized parking ontheir own property...Although local governments are restricted from contracting out the performance of their public functions - such as the enforcement of public parking laws - the issuance of invoices for unauthorized parking on privateproperty is not such a public function." This bill will clarify, in state statute, that cities and counties have the authority to enact ordinances allowing operators of privately owned and maintained off-street parking facilities to regulate unauthorized parking in their facilities. Arguments in support. The Walnut Creek Downtown Association, sponsor of this bill, states, "(T)he validity of the Walnut Creek ordinance has been put into question by an Attorney General legal opinion which states that California statute mustauthorize such an ordinance. This opinion, while not binding, has had the unfortunate consequence of discouraging other cities from adopting ordinances that would benefit their downtown business associations, local merchants and customers.AB 2381 will provide clarity to the matter by addressing the Attorney General opinion and clearly stating that such ordinances are valid." Arguments in opposition. None on file. REGISTERED SUPPORT / OPPOSITION: Support Walnut Creek Downtown Association [SPONSOR] AvalonBay Communities, Inc. California Business Properties Association California Restaurant Association California Retailers Association City of Walnut Creek International Council of Shopping CentersPrint Agenda Itemhttp://64.166.146.155/print_ag_memo.cfm?seq=17799&rev_num=0&mode=External&reloade...2 of 35/14/2014 3:24 PM46 League of California Cities Mayor Timothy M. Flaherty, City of Pleasant Hill National Federation of Independent Business Regional Parking, Inc. Opposition None on file Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958Recommendation(s)/Next Step(s):Staff recommends that the Legislation Committee consider recommending a position of "support" to the Board of Supervisors on AB 2381.Attachments-YAB 2381 Fact SheetAB 2381 Sample Support LetterPrint Agenda Itemhttp://64.166.146.155/print_ag_memo.cfm?seq=17799&rev_num=0&mode=External&reloade...3 of 35/14/2014 3:24 PM47 california legislature—2013–14 regular session ASSEMBLY BILL No. 2381 Introduced by Assembly Member Bonilla (Coauthor: Assembly Member Skinner) February 21, 2014 An act to amend Section 21107.8 of the Vehicle Code, relating to vehicles. legislative counsel’s digest AB 2381, as introduced, Bonilla. Private parking facilities. Existing law authorizes a city or county, by ordinance or resolution, to find and declare that there are privately owned and maintained offstreet parking facilities within the city or county that are generally held open for use of the public for purposes of vehicular parking and requires, upon enactment of the ordinance or resolution, that specified traffic laws apply, including those related to basic speed law, reckless driving, and speed contests and exhibitions of speed, except as specified. This bill would authorize a city or county to include in that ordinance or resolution authorization for the operator of privately owned and maintained offstreet parking facility to regulate unauthorized parking. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: line 1 SECTION 1. Section 21107.8 of the Vehicle Code is amended line 2 to read: line 3 21107.8. (a) (1) Any city or county may, by ordinance or line 4 resolution, find and declare that there are privately owned and 99 48 line 1 maintained offstreet parking facilities as described in the ordinance line 2 or resolution within the city or county that are generally held open line 3 for use of the public for purposes of vehicular parking. Upon line 4 enactment by a city or county of the ordinance or resolution, line 5 Sections 22350, 23103, and 23109 and the provisions of Division line 6 16.5 (commencing with Section 38000) shall apply to privately line 7 owned and maintained offstreet parking facilities, except as line 8 provided in subdivision (b). line 9 (2) If a city or county enacts an ordinance or resolution line 10 authorized by paragraph (1), a city or county may include in that line 11 ordinance or resolution authorization for the operator of a line 12 privately owned and maintained offstreet parking facility to line 13 regulate unauthorized parking. line 14 (b) Notwithstanding the provisions of subdivision (a), no line 15 ordinance or resolution enacted thereunder shall apply to any line 16 offstreet parking facility described therein unless the owner or line 17 operator has caused to be posted in a conspicuous place at each line 18 entrance to that offstreet parking facility a notice not less than 17 line 19 by 22 inches in size with lettering not less than one inch in height, line 20 to the effect that the offstreet parking facility is subject to public line 21 traffic regulations and control. line 22 (c) No ordinance or resolution shall be enacted under subdivision line 23 (a) without a public hearing thereon and 10 days prior written line 24 notice to the owner and operator of the privately owned and line 25 maintained offstreet parking facility involved. line 26 (d) Section 22507.8 may be enforced without enactment of an line 27 ordinance or resolution as required under subdivision (a) or the line 28 posting of a notice at each entrance to the offstreet parking facility line 29 as required under subdivision (b). line 30 (e) The department shall not be required to provide patrol or line 31 enforce any provisions of this code on any privately owned and line 32 maintained offstreet parking facility subject to the provisions of line 33 this code under this section except those provisions applicable to line 34 private property other than by action under this section. O 99 — 2 —AB 2381 49 AB 2381: Clarifying Parking Enforcement Jurisdictions Summary: AB 2381 will enable cities and counties to adopt parking ordinances that best facilitates economic activity in their jurisdictions. Specifically, this bill clarifies cities and counties ability to authorize the regulation of private parking facilities by their owners and managers. Background: In California, many parking lots are privately owned and operated. In the City of Walnut Creek, 70% of downtown parking spaces are privately owned. Parking lot owners hire private parking lot operators to manage their parking facilities. At the direction of local jurisdictions, professional parking mangers analyze traffic flow patterns and parking tendencies to develop parking plans that meet the needs of local businesses. Parking ordinances are detailed and specify among other things, requirements for signage, dispute resolutions, and penalty amounts. City and county governments review proposals before adopting ordinances authorizing privately owned facilities to be regulated by their operators. Metered parking is often recommended by parking lot managers and adopted by local governments for private parking lots. Metered parking is used to create turnover and help increase retail sales. Especially in high traffic areas with a prevalence of businesses, adequate parking turnover ensures customers are able to access retail stores and add to the economic activity of a given locale. Need for legislation: Some cities and counties have ordinances authorizing private parking lot operators to regulate their lots and enforce parking violations through the use of invoices. However, state law does not prescribe whether or not private companies can enforce meter limits in private parking lots, even when local jurisdictions authorize a company’s ability to do so. Clarity is needed to protect all parties and maintain existing parking enforcement policies. This bill: Specifically, this bill:  allows cities and counties to authorize private parking companies the ability to manage private parking lots under the conditions and criteria deemed appropriate by the local jurisdiction Support: Walnut Creek Downtown Business Association (sponsor) Contact: Iván Carrillo Office of Assemblywoman Susan A. Bonilla 916-319-2014 ivan.carrillo@asm.ca.gov 50 INTERNAL OPERATIONS COMMITTEE 7. Meeting Date:06/02/2014 Subject:RECRUITMENT PLAN FOR EAST CONTRA COSTA FIRE PROTECTION DISTRICT DIRECTORS AND RESOURCE CONSERVATION DISTRICT DIRECTOR Submitted For: David Twa, County Administrator Department:County Administrator Referral No.: IOC 14/5 Referral Name: Advisory Body Recruitment Presenter: Julie DiMaggio Enea Contact: Julie DiMaggio Enea 925.335.1077 Referral History: On December 12, 2000, the Board of Supervisors approved a policy on the process for recruiting applicants for selected advisory bodies of the Board and certain independent bodies. This policy requires an open recruitment for all vacancies to At Large seats appointed by the Board. The Board also directed that the IOC personally conduct interviews of applicants for At Large seats on several boards, committees, and commissions and certain independent bodies including the East Contra Costa Fire Protection District (EFFPFD) and the Resource Conservation District (RCD). RCD recruitments are handled by the County pursuant to a 1998 RCD resolution ordering that all future directors shall be appointed by the County Board of Supervisors in lieu of election (Public Resources Code Section 9314). If the Board of Supervisors fails to make the appointment(s) within 60 days, then the District Board of Directors may make the appointment(s). Referral Update: On February 4, 2014, the terms of the two County-appointed ECCFPD Directors expired, and on May 14, 2014, one of the Director seats on the Contra Costa Resource Conservation District Board became vacant with the death of incumbent Dwight Meadows. Staff opened a recruitment in mid-May for both bodies for a four-week period, to end on June 20. Staff proposes to schedule Interviews with the Internal Operations Committee on July 7, for possible Board of Supervisors consideration on July 29. Note that the governance resolution for the ECCFPD permits the two sitting BOS directors to continue to serve until they are reappointed or until successors are appointed: "6. The term of office of each director will be four years or until his or her successor qualifies 51 "6. The term of office of each director will be four years or until his or her successor qualifies and takes office. Appointed directors will serve at the pleasure of their respective appointing authority and may be removed with or without cause upon a majority vote of the members of the appointing authority or if the director is no longer eligible to serve on the District Board of Directors." Recommendation(s)/Next Step(s): DIRECT staff to schedule interviews of all qualifying applicants for the ECCFPD Board of Directors and the Contra Costa Resource Conservation District Board of Directors for the next regular IOC meeting on July 7, 2014. Fiscal Impact (if any): No fiscal impact. Attachments Press Release on East Contra Costa Fire Protection District Board Recruitment Press Release on Contra Costa Resource Conservation District Board Recruitment 52 Contra Costa County County Administrator’s Office • 651 Pine Street • Martinez, CA 94553 • www.co.contra-costa.ca.us Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Wednesday, May 14, 2014 Phone: (925) 335-1077 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE BOARD OF DIRECTORS FOR THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT? The Contra Costa County Board of Supervisors is seeking individuals to serve on the East Contra Costa Fire Protection District’s (ECCFPD) Board of Directors. The Board of Directors is composed of nine members; four appointed by the City of Brentwood, three appointed by the City of Oakley and two appointed by the Contra Costa County Board of Supervisors. Each Director appointed by the County Board of Supervisors must be a resident of the East Contra Costa Fire Protection District. Each appointment is made for a four-year term. The appointments that will be made to fill two expired seats will complete the remainder of the term through February 4, 2018. The ECCFPD covers over 250 square miles and over 100 miles of waterway. There are two incorporated cities (Brentwood and Oakley) and five distinct unincorporated communities (Bethel Island, Byron, Discovery Bay, Knightsen, and Morgan Territory/Marsh Creek Corridor). The ECCFPD is responsible for providing first responder and emergency medical services as needed. The Board of Directors serves as the governing body of the ECCFPD and, among other things, is responsible for establishing an annual budget and making decisions impacting district operations. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 335-1900 or by visiting the County webpage at www.co.contra-costa.ca.us. Applications should be returned to the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 no later than Friday, June 20, 2014 by 5pm. # # # # 53 Contra Costa County County Administrator’s Office • 651 Pine Street • Martinez, CA 94553 • www.co.contra-costa.ca.us Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Friday, May 16, 2014 Phone: (925) 335-1077 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE CONTRA COSTA RESOURCE CONSERVATION DISTRICT BOARD OF DIRECTORS ? The Contra Costa Resource Conservation District is looking for an individual interested in serving on its Board of Directors. Contra Costa County land owners with a strong interest in soil and water conservation are encouraged to apply. The District is recruiting to fill one vacancy, to complete the current term of office expiring on November 20, 2016. The County Board of Supervisors will make the appointment. Individuals selected will serve as unpaid volunteers. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 335-1900 or by visiting the County webpage at www.co.contra-costa.ca.us. Applications should be returned to the Clerk of the Board of Supervisors, Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553 no later than Friday, June 20, 2014 by 5pm. Applicants should plan to be available for public interviews in Martinez on Monday, July 7, 2014. More information about the Contra Costa Resource Conservation District and complete eligibility requirements can be obtained by calling Teresa Hunter at the Resource Conservation District, at (925) 672- 6522 or visiting the District website at http://www.ccrcd.org/ . # # # # 54