HomeMy WebLinkAboutMINUTES - 02251992 - 2.3 ' g. REVISED a?-�
TO: BOARD OF SUPERVISORS
Contra
FROM: y� Costa
Val Alexeeff, Director of Growth Management
Phil Batchelor, County Administrator , County
`�
DATE: spq-------
February 28, 1992
SUBJECT:
DISCOVERY BAY MUNICIPAL ADVISORY COUNCIL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Adopt the attached resolution which establishes a Discovery
Bay Municipal Advisory Council
2 . Authorize an immediate recruitment of Council members for
the interim Municipal Advisory Council representing a cross
section of neighborhoods with one ( 1) seat designated for a
member of, and nominated by, the CSA M-8/Sanitation District
19 Citizen Advisory Committee.
3 . Authorize the placement of an advisory measure on the June
2, 1992 ballot to determine the Community' s desire to have
an elected Municipal Advisory Council established in time
for the November election and identify resources for funding
such an advisory measure, including community fundraising
projects and funds from CSA M-8 and Sanitation District 19
budgets .
4 . Authorize the Discovery Bay Municipal Advisory Council to
assume the duties of CSA M-8/Sanitation District 19 Citizens
Advisory Committee only after the seating of elected Council
members, and the CSA M-8/Sanitation District 19 Citizens
Advisory Committee is converted to a subcommittee of the
Discovery Bay Municipal Advisory Council .
5 . Adopt the following wording for the June Advisory ballot
measure:
Should a Municipal Advisory Council be formed
in the Discovery Bay Area to advise the Board
of Supervisors and other appropriate public
bodies on matters concerning the Discovery
Bay Area, and provision made for an election
CONTINUED ON ATTACHMENT: of qRunc i 1 members on 1J0gytph1jier 3, 1992 .
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON February 25, 19Q2 APPROVED AS RECOMMENDED OTHER
Mr. Pierre Duquette, 5654 Sunfish Court, Byron, appeared and urged the Board to
adopt the above recommendations.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: CAO ATTESTED FPhrnnr3r 9..5, 1992
GMEDA PHIL BATCHELOR,CLERK OF THE BOARD OF
County Council SUPERVISORS AND COUNTY ADMINISTRATOR
County Clerk- Elections
ii
BY ` DEPUTY
M382 (10/88)
-2-
RECOMMENDATIONS: continued
6 . Establish a zone within the CSA M-8 boundaries for the
Discovery Bay Municipal Advisory Committee which is
consistent with the Discovery Bay urban limit line.
7 . Direct the County Clerk (Elections Clerk) to take all steps
necessary to place the advisory measure on the June 2, 1992
ballot for citizens voting within the boundaries of the
Municipal Advisory Council .
8 . Direct County Counsel to prepare a proposed board action to
consider expanding the functions of the M-8 District to
include land use planning activities and other functions of
a Municipal Advisory Council .
BACKGROUND:
On February 4, 1992, the Board of Supervisors referred the
establishment of a Municipal Advisory Council in Discovery Bay to
the Director of the Growth management and Economic Development
Agency and the County Administrator. This matter has been
discussed in the past as described in attachment, one.
Staff has found substantial community support for a Discovery Bay
MAC as evidenced in attachment two. At a community meeting on
January 20, citizens voted unanimously to establish a MAC, begin
recruitment of a representative cross section of council members,
and conduct an election in June to determine whether council
members should be elected in November. Another community meeting
was held on February 18 to organize and shape these proposals in
detail with Supervisor Torlakson and County Counsel Westman in
attendance.
The Discovery Bay MAC meets or will shortly meet the guidelines
established by the Board in 1983, which is described in
attachment three. There is agreement to consolidate the advisory
committees of two Special Agencies - M-8 and Sanitation District
19 - into the MAC after the election of Council members .
Financing the proposed election will be through fundraising, and
allocations from the two special agency budgets . On-going
support for the MAC will come from volunteers and from the
budgets of the two special agencies, the Fire District, and
Community fundraising.
ro, BOARD OF SUPERVISORS
A7ACHMENT I ra
��dMl Supervisor Tom Torlakson Costa
DATE& February 4, 1992 County
SUBJECT& REFER TO THE COUNTY ADMINISTRATOR AND THE GROWTH MANAGEMENT "`1
AND ECONOMIC DEVELOPMENT AGENCY THE ESTABLISHMENT OF A MUNICIPAL
ADVISORY COUNCIL IN DISCOVERY BAY
Sr[CIFIC REQUESTS) OR RECOMMENDATIONS) A BACKGROUND AND JUSTIFICATION-
RECOMMENDED ACTION: Refer to the County Administrator, the Growth
Management and Economic Development Agency and County Counsel to
examine the merits and legal requirements for establishing -a Municipal
Advisory Council in Discovery Bay. This examination should include
consideration of the following:
( 1 ) appointment of a Municipal Advisory Council to include a
cross section of neighborhood/geographic representation and
the M-8 and Sanitation District No. 19 Citizens Advisory
Committee;
(2) placing an advisory measure on the June ballot to determine
the community's desire to have an elected Municipal Advisory
Council established in time for -the November election and
identifying resources for funding such an advisory measure
including community fundraising projects and possible
allocation of funds from the M-8/Sanitation District No. 19
budgets; and
( 3 ) considering the abolishment of the M-8/Sanitation District
No . 19 citizens advisory committees and reassigning of these
committees responsibilities to the MAC if the community
supports an elected MAC;
Request that a report be provided for the Board of Supervisors by
February 2.5., . 1992.
BACKGROUND INFORMATION: There is a significant and immediate need
to establish a community leadership body representative of all of
Discovery Bay. Today there is no unified, central voice for Discovery
Bay municipal- interests . Build out of the Discovery Bay Master Plan
has seen the development of eight homeowner associations instead of
the tone that existed previously. Citizens are requesting a MAC as
the answer to the need for a unifying voice for their community.
CONTINUED ON ATTACHMENTI YES SIONATUREt r
...,....RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OR BOARD ON rQbP} E;y I., API•ROVED AS RECOMMENDED X. OTHER
Pierre E. Duquette, Chairman of the Discovery Bay Municipal Advisory
Committee, appeared and urged the Board to support the formation of a Municipal
Advisory Council in Discovery Bay.
VOTE OF SUPERVISORS
. l hereby certtN that tMs to a Trus and cortect copy ot
an action taken and entered on the minutes of the
,. UNANIMOUS (ABSENT Board of gupeMsora 0dalo shown•
AYESs NOESs Ate•
A S S E N Ts A B S TA I N I PHIL BATCHELOR Clerk 44 the Board
Of SUpMviaora and County XdminLAmtor
CCI County Administratora'o„ty
GEMDA
County Counsel
Formation of Discovery Bay Municipal Advisory Council
February 4, 1992
Page TWO
While this concept was studied indepth twicepreviously in the
1980 's, a community= consensus did not exist to proceed. Those
previous studies, however, have laid the information foundation and
the successful operation of the Oakley and West Pittsburg MAC's have
served as positive examples of how such councils can benefit the
community. At a meeting on January 20, approximately 40 community
leaders , representing all homeowner associations , major civic
organizations and government agencies in Discovery Bay, voted
unanimously (with one abstention) to endorse the three-step proposal I
brought forward as outlined in Recommendations 1, 2 and 3. A MAC
Formation Committee has been established to work out specific details
to submit to the Discovery Bay community and to the Growth Management
& Economic Development Agency to incorporate in its report to the
Board of Supervisors by mid-February.
TT:gro
ATTACHMENT 2
DISCOVERY BAY
MUNICIPAL ADVISORY COUNCIL
FORMATION COMMITTEE
( 510) 634-3540
DATE : February 4 , 1992
TO: Contra Costa County Board of Super isoirs
From: Pierre E . Duquette Cha r
q i m ani
"'��7
SUBJECT: .MAC for Discovery Bay Resolution _ -
I solicit your support for District Five Supervisor Tom
Torlakson' s resolution regarding the formation of a
Municipal Advisory Council in Discovery Bay.
I ask for your support on behalf of the Discovery Bay
Municipal Advisory Council Formation Committee which I
represent. (An impressive committee roster is attached)
I encourage your support of this resolution on behalf of the
Discovery Bay community leaders (Another impressive list is
attached) who voted in favor of establishing a MAC in
Discovery Bay at a meeting held on January 20 .
Discovery Bay needs to formalize its relationship with
government . Our community is too large to continue in
disarray. we need one voice . This is the right step at the
right time .
Thank you for your consideration.
Attachments :
List of Discovery Bay Community Leaders Voting for a MAC.
Discovery Bay MAC Formation Committee Roster
. t
Discovery Bay MAC Formation Committee - 2/4/92
FullName OrgPosition OrgAbbrev
BARBARA ALEXANDER PRESIDENT DISCOVERY BAY LIONESS CLUB
PETE ALEXANDRA VICE CHARIMAN M8/SAN 19 ADVISORY BOARD
JEFF CONWAY PRESIDENT DISCOVERY BAY LIONS CLUB
KEN CORBETT DIRECTOR DBPOA
ED CORNELL- CHAIRMAN M-8 / SAN 19 ADVISORY BOARD
RAY DELAY. TRUSTEE RECLAMATION DISTRICT 800 -
PIERRE E . DUQUETTE COMMISSIONER ED.FPD
JOHN E. FRITZ RESIDENT AT LARGE
ROBERTA FUSS COLUMNIST BRENTWOOD NEWS
CHARLES HALL RESIDENT AT LARGE
CARL M. HENTSCHKE CHAIRMAN D.E.R.C.
HERBERT R. HERN COMMISSIONER EAST COUNTY REG PLANNING COMM
DICK HIGGINS DIRECTOR DBPOA
R.E. "BOB" HOWE CHAIRMAN COUNTRY CLUB D.E. R.C,
RICHARD MACDONALD PAST PRESIDENT DBPOA
. CLAUDIA MACDONALD PAST PRESIDENT DBPOA
CHERYL MCDONALD PAST PRESIDENT DBPOA
MICHAEL MCGUIRE PRESIDENT DB CHAMBER OF COMMERCE
LEW METCALF MANAGER REC 800.
MIRIAM MEYNER PRESIDENT DBRWF
ELLIOT G. NICHOLS DIRECTOR D.E .R.C.
HOWARD G. PATTON COMMISSIONER EDFPD
PETER RACZ DIRECTOR DBPOA
KEN SEAMANN PRESIDENT BYRON UNION SCHOOL DIST. BOARD
TONY STELLER DIRECTOR DBPOA
FRED L. WAGNER PRESIDENT HARBOR BAY HOMEOWNERS ASSOC.
DICK ZARO PROJECT MANAGER HOFMANN COMPANY
FREDERICK ZIEMANN RESIDENT AT LARGE
^TO: BOARD OF BUPERVIS0i
i . I
FRO 1A Finance and Internal OpContra
erations Committee ".,,County
CostaaATTACHMENT3
DATE� : November te d, 1983
SUBJECT: Guidelines -for Establishment of Municipal Advisory
Councils
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & 13ACKGROUND AND JUSTIFICATION
Adopt the following guidelines for use in reviewing requests for establish-
ment of municipal advisory councils .
In .reviewing a request for establishment of a municipal advisory council,
the Board shall consider the following factors which must be included in
such a request:
1 . Description (including map) -of the proposed MAC
boundaries .
2. The proposed MAC area must have a minimum of 1, 000
registered voters .
3. An explanation of how the proposed MAC area has a
"community of interest. "
4 . A statement of community problems_ relating primarily
to -provision .of local governmental services and how
establishment of a MAC would assist in resolving such
problems .
5 . The extent to' which ' the community is or will be under-
going major land use changes, development or other
activities affecting the physical, economic or social
characteristics of the comrrlunity
.
6 . The potential for consolidating local public agency
governing bodies under the MAC.
7( A clear expression of interest by the residents. At
its option, the Board may require a petition or election
to determine the extent of interest.
3 . A list of the proposed specific matters on which the
MAC will advise the Board.
9 . Acknowledgement that the MAC will function with no
financial or ongoing staff assistance from the County.
Although the above Factors w.i1.1 be considered they will not be conclusive
and the Board retains the sole authority to determine if a municipal
advisory council should he °estahli.shed and the terms and conditions thereof .
CONTINUED ON ATTACHMENT: Y=�_._. YFS SIGt4ATORE:
RECOMMENDATION OF COUNTY ADMINIS"rRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (AF3SENT __.___ I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: . NOES: _ AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ._ ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED
J.R. OLSSON. COUNTY CLERK
AND EX OFFICIO CLERK OF THE BOARD
M3e2/7•03 [3Y _ DEPUTY
2 .
In addition, requests for establishment of municipal advisory councils will
be referred to the County Planning Department and the Local Agency Formation
.Commission for review and comment.
A municipal advisory council shall be established for a three year period
during which the council shall undertake and submit to the Board a study of
the way public services are currently provided to the community to deter-
mine if some reorganization of the local government structure would improve
the efficiency of service delivery. Such study is to be conducted in
accordance with the LAFCO feasibility study guidelines . At the time of
submission of this report, the council shall also provide the Board with a
statement as to whether or not there is a purpose for the MAC to continue.
: .in existence beyond the three year sunset date. The Board shall determine
whether or not the MAC will be continued and at its option, may determine
that future council members are to be elected. In such case, the cost of
. elections must be paid by the community . The ability of the community to
. finance elections will be considered by the Board in determining whether ,�r
not elections should be held. Any such elections must be held in accordance
with the Uniform District Election Law (California Elections Code Sections
.23,500 et seq . ) . The current council members shall serve until the new
members are duly elected.
BACKGROUND
;On October 11, 1983 the Board of Supervisors adopted Resoltuion No. 83/406
establishing the Oakley Municipal Advisory Coungil. In conjunction with
taking this action, the Board referred to LAFCO, the Finance Committee, the
Internal Operations Committee, and the County Administrator the matter;.of
developing guidelines to be considered when reviewing_ the proposed establish-.
ment of. Municipal Advisory Councils in other unincorporated communities.
The Board has requested a report back as sooB as possible inasmuch as
appointments to the Oakley MAC are being deferred until receipt of such
report. The recommended guidelines have been developed in conjunction with
the County. Administrator and LAFCO.
MUNICIPAL ADVISORY COUNCIL FUNCTIONS
As provided by State law, a municipal advisory council is
established by a Board of Supervisors "to advise the board on
such matters which relate to that area as may be designated by
the board concerning services which are or may be provided to
the area by the county or other local governmental agencies,
including but not limited to advice on matters of public health,
safety, welfare, public works, and planning. Unless the board
of supervisors specifically provides to the contrary, a municipal
advisory council may 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. "
Essentially, a municipal advisory council provides a forum
for community residents to discuss and formulate recommendations
on matters related to the provision of local government services
to their community. The Board of Supervisors determines the
specific matters for which the council will serve inan advisory
capacity.
Typical functions of a municipal advisory council include:
1. Advise the Board of Supervisors on those
local government services as designated by
the Board.
2. Review and report to the Board on the
feasibility of reorganizing existing special
districts in order to increase service
delivery .. efficiency.
3. Represent the community before the Local
Agency Formation Commission on proposed
boundary changes affecting the community.
4 . Represent the community before the County
Planning Commission, Area Planning Commissions
or the Zoning Administrator on land use and
other planning matters affecting the
community.
5. Provide input and reports to the Board,
County staff or any County hearing body on
issues : of concern to the community.
6 . Serve as a liaison between the community and
the County Supervisor representing that area.
7. Facilitate ditizen participation in the
formation of local opinion on public
problems.
8. Train community leaders in local government.
9. Stimulate civic participation and volunteer
services
10. Provide the community a sense of identity.
11. Assume the duties of advisory or governing
body for existing special districts .
12. Settle community conflict.
13. Answer citizen complaints .
Municipal advisory councils are to function without any .
financial. or ongoing staff support from the county. Council
meetings are to be held at least monthly at an established time
and place and meetings must be conducted in accordance with the
Brown Act.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
ADOPTID this Resolution on February 25, 1992 by the following vote of the Board:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: In the Matter of Creation )
of the Discovery Bay )
Municipal Advisory Council) Resolution No. 92/124
It is hereby RESOLVED by the Board that:
1 . Creation of Discovery Bay Municipal Advisory Council
Pursuant to the authority granted by Section 31010 of the
California Government Code, the Discovery Bay Municipal Advisory
Council is hereby created.
2 . Membership
The interim Council shall consist of seven (7) members who
shall be residents of the Discovery Bay Community, as defined in
Attachment A to this resolution, and who shall be appointed by
the Board of Supervisors. At least one member shall be a member
of the CSA M-8/Sanitation District 19 Citizen. Advisory Committee.
The permanent Council shall consist of seven (7) members who
shall be resident voters of-the Discovery Bay Community and Who shall
be elected by the citizens of the Community on November 3, 1992 .
3 . Terms of Office
The terms of the interim Council shall be through" November
15,. 1992, subject to extension and termination pending evaluation
of the June 2, 1992 election results on an elected Municipal
Advisory Council .
The terms of the elected Council, if approved, shall be four
(4) members who shall serve two year terms and. three (3) members
who shall serve four year terms.
4 . Council Duties and Powers
The Council shall advise the Board on:
a. Planning issues and services which are or may be
provided to the Discovery Bay Community by the County or
other local governmental agencies . Such services include,
but are not limited to, public health, safety, public works,
and land use planning.
b. The feasibility of organizing the existing special
districts serving the Discovery Bay Community in order to
more efficiently provide public services such as, but not
limited to, water, sewer, landscaping and park and
recreation.
RESOLUTION NO. 92/124
-2-
The Council, may:
a. Represent the Discovery Bay Community before the Local
Agency Formation Commission on proposed boundary changes
affecting the community.
b. Represent the Discovery Bay Community before the County
Planning Commission(s) and the Zoning Administrator on land
use and other planning matters affecting the community. In
this regard, the Council shall cooperate with other planning
advisory bodies in the Discovery Bay county area in order to
avoid duplication and delay in the planning process .
C. Provide input and reports to the Board, County staff or
any County hearing body on issues of concern to the
Discovery Bay Community.
It is understood that the Board is the final decision-making
authority with respect to issues concerning the Discovery Bay
community and that the Council shall serve solely in an advisory
capacity. Except as specified above, the Council may not
represent the Discovery Bay community to any state, county, city,
special district or school district, agency or commission, or any
other organization on any matter concerning the community.
5 . Compensation
The Council members shall serve without compensation of any
kind and the Board shall not provide funds for the payment of
Council meeting stipends or reimbursement of Council members '
expenses .
6 . Staff and Financial Support
The Board shall provide no ongoing professional or clerical
staff support to the Council or provide funds to pay for any of
the Council ' s operating costs . However, County staff will
provide the Council with information and reports on matters of
interest to the Council .
7 . Council Operation
Within the parameters of this Resolution, the Council may
organize itself and operate as it determines but shall hold
regular meetings at least monthly at an established time and
place. The Council meetings shall be conducted in accordance
with the provisions of the "Brown Act" (Government Code Sections
54950 ff . ) including the pre-meeting posting of meeting calendar
notices . In addition, the Council shall fully comply with the
Board of Supervisors ' policy concerning conflict of interest and
open meetings (Resol . No. 82/574) , and the Political Reform Act
(Government Code Sections 81000 ff. ) as applicable.
8. Advisory Council Funds
Any funds transferred to or.:received..by the.County-for the Council. shall..be
accepted pursuant to Resolution No. 90/334 and only used for the benefit of the
Council and its Discovery Bay community.
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 n the date shown.
-el; rs �.
ATTESTED: _ of +
PHIL BATCHELOR,Cler f the Board
of Supervisors and County Administrator
By
f ,Oe�utY
'RESOLUTION NO. 92/124
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