HomeMy WebLinkAboutMINUTES - 12071993 - 1.154 1. 154
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _December 7, 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Report of County Counsel on Membership on the
North Richmond Municipal Advisory Council
The Board received the report dated November 19, 1993,
of V. J. Westman, County Counsel, on the North Richmond Municipal
Advisory Council (MAC) Office and Joseph McCoy. He referred to
the requirement that persons serving on the MAC must qualify as
resident voters of the North Richmond community. Mr. Westman
further referred to the California Elections Code which provides
that no valid voter registration can be maintained on file by a
person who "is presently imprisoned or on parole for conviction
of a felony. " He noted that since Mr. McCoy is presently serving
a County jail sentence and/or on parole for felony convictions,
he does not qualify for membership on the North Richmond MAC.
Linda Fullerton, attorney representing Mr. McCoy, spoke
in support of Mr. McCoy's membership on the MAC.
Joseph McCoy, 1540 3rd Street, Richmond, requested that
he be allowed to continue his membership on the MAC.
Others speaking in support of Mr. McCoy were:
Kenneth Jones, 1540 3rd Street, Richmond;
Lura Humble, 2764 East Court, Richmond; and
Fred Jackson, 1852 3rd Street, Richmond.
During the discussion on this matter, Supervisor Powers
commented on the membership requirements of the North Richmond
MAC. He proposed that the MAC review the requirements of
membership for possible change from "resident voter" designation
to "resident" and/or changing the membership categories from 118
elected members and 3 business people" to 117 elected members and
4 appointed persons (3 business representatives and 1 youth
representative) . " He suggested the possibility that since Mr.
McCoy is prohibited by law from holding one of the "elected"
seats on the North Richmond MAC, that the MAC might consider
recommending Mr. McCoy to one of the appointed positions.
Board members being in agreement, IT IS ORDERED that
Supervisor Powers' proposal is REFERRED to the North Richmond MAC
with a report to the Board on December 14, 1993 .
cc: County Administrator I hereby certify that this is a true and correct copy of
N. Richmond MAC an action taken and entered on the minutes of the
Count Counsel Board of Supervi rs on the date shown.
County ATTESTED: ff_t , _-) zi l
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
Deputy
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: November 19 , 1993
To: Board of Supervisors
From: Victor J. Westman, County Counsel/17W
Re: North Richmond MAC Office and Joseph McCoy
At the Board of Supervisors ' November 9 , 1993 meeting, the Board
received this office' s November 3 , 1993 memorandum (copy attached) in
which it is concluded that an officer of a municipal advisory council
is vacated from that office upon the involved officer' s trial court
felony conviction. Also, on November 9th, a Mr. Joseph McCoy and his
attorney appeared before the Board and disputed that service on a
municipal advisory council is a public office subject to vacation
upon felony conviction. As indicated on November 9th, this office
remains secure as to the opinion expressed in the November 3rd
memorandum on these points . Further, it should be noted that the
California Legislature has expressly recognized that service on a
municipal advisory council is a public office involving the potential
application of the doctrine of incompatible office . . (Gov. Code,
31010 . 5 . )
At the time the November 3, 1993 memorandum was prepared, this
office was not aware of the particulars of Mr. McCoy' s prior felony
convictions and his current sentenced status . Based upon his
attorney's letter and representations at the said Board meeting and
related review, we now understand that Mr. McCoy was convicted in
1991 of possession for sale of cocaine and given a five year
sentence. Evidently during 1992 (while on probation or in some
similar capacity) Mr. McCoy was again arrested for possession for
sale and personal use of cocaine and on October 21 , 1993 pleaded
guilty to those felony charges . At that time ( 10-21-93 ) , he received
a five year suspended sentence and is presently serving a one year
sentence of County jail time by participation in the Sheriff 's Home
Detention program. Since Mr. McCoy is presently serving a County
jail sentence and/or on parole for felony convictions , he does not
qualify for membership on the North Richmond Municipal Advisory
Council .
Pursuant to Government Code § 31010, the Board of Supervisors
(when approving the establishment of any municipal advisory council )
must provide for the qualifications , number and method of selection
Board of Ssupervisors 2 November 19 , 1993
of its council members . In connection with the establishment of the
North Richmond Municipal Advisory Council , the Board of Supervisors
provided that persons serving on that council ( such as Mr. McCoy)
must qualify as resident voters of the North Richmond community.
(Res. No. 92/306. ) In order to qualify to be a resident voter in the
said North Richmond community, a person (such as Mr. McCoy) must be
able to properly qualify to be a registered voter.
The California Elections Code provides that no valid voter
registration can be maintained on file by a person who "is presently
imprisoned or on parole for conviction of a felony" . (Elec . Code, §
701 (c) ) Further, Mr. McCoy, because of his current convicted felony
and imprisoned and/or paroled status can not properly complete and
execute a voter registration certificate. (See attached emphased
portion of Contra Costa County' s "Affidavit of Registration" )
If we may be of any further assistance, please advise.
VJW:df
cc : Phil Batchelor, County Administrator
Attn: John Gregory
Bob Delevati, Elections Dept .
df10(!):mccoy
COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: November 3 , 1993
To: Board of Supervisors
IT V .
From: Victor J. Westman, County Counsel
Re: Vacation of Municipal Advisory Council Office By Trial Court
Felony Conviction
INTRODUCTION AND SUMMARY: A question has been presented whether
a person serving on a municipal advisory council holds public office
and is subject to the statutory provisions concerning office vacation
upon felony conviction. We conclude that a person serving on a
municipal advisory council holds public office and is subject to the
statutory provisions vacating public office upon that person's trial
court conviction of a felony.
DISCUSSION. First, we must consider whether membership on a
municipal advisory council is a public office. The California courts
have generally defined public office as follows :
But so far as definition has been attempted, a
public office is said to be the right, authority, and
duty, created and conferred bylaw--the tenure of
which is not transient, occasional, or incidental--by
which for a given period an individual is invested
with power to perform a public function for public
benefit.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
One of the prime requisites is that the office
be created by the Constitution or authorized by some
statute. And it is essential that the incumbent be
clothed with a part of the sovereignty of the state
to be exercised in the interest of the public. "
(People ex rel. Chapman v. Rapsey ( 1940 ) 16 Cal . 2d
636 , 639-640 . )
For example, Contra Costa County municipal advisory councils are
created by resolutions adopted by the Board of Supervisors pursuant
to Government Code section 31010 . Accordingly, municipal advisory
councils are state statutory bodies . They have both advisory and
Board of Supervisors 2 November 3 , 1993
representational powers under the statute and under the Board' s
resolutions . Based upon the foregoing, we conclude that the
statutory members of County municipal advisory council hold public
office .
Second, California Government Code section 1770 provides, in
pertinent part, as follows :
" 1770 . An office becomes vacant on the happening of
any of the following events before the expiration of
the term:
(h) His or her conviction of a felony or of any
offense involving a violation of his or her official
duties . An officer shall be deemed to have been
convicted under this subdivision when trial court
judgment is entered. For the purposes of this
subdivision, ' trial court judgment' means a judgment
by the trial court either sentencing the officer or
otherwise upholding and implementing the plea,
verdict, or finding. . . . "
The California Court of Appeal has reviewed the provisions of
Government Code section 1770, subsection (h) and found that the
section is not ambiguous . The court indicated that the literal
language of the statute indicates either of two types of trial court
conviction trigger vacancy from office, specifically felony
convictions and convictions for offenses involving a violation of
official duties . Finally, the court stated there is no requirement
that a felony of the first type involve a violation of official
duties . (Lubin v. Wilson ( 1991 4th Dist . ) 232 CAM 1422 . )
Finally, it should be noted that Government Code section 1770 . 1
provides that the vacation from office occasioned by a conviction as
provided in subdivision (h) of section 1770 "is neither stayed by the
initiation of an appeal from the conviction, nor set aside by the
successful prosecuting of an appeal from the conviction by the person
suffering the conviction" .
If this office may be of any further assistance, please advise.
VJW:df
cc: Phil Batchelor, County Administrator
Attn: John Gregory
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ATTENTION; TOM TORLAKSON
BOARD OF
651 SUPERVISORS CLERK
PINE STREET
MARTINEZ, CA 94553
November 10, 1993
RECEi�
Board of Supervisors Clerk
651 Pine Street
Martinez,
12 iy93
Martinez, CA 94553
Attention: Tom Torlakson CLERK BOA RD OF SUPERVISORS
CONTRA COSTA CO.
Dear Mr . Torlakson:
I wanted to bring to the Boards attention I was not notified there
was a decision being made on my property. I had heard
Vernon Thomas spoke at a closed door meeting with the DBMAC acting
as a representative of my property. He had no authority to do this
and I have never been contacted for my authority to say I wanted to
be in the Discovery \Bay Sphere of influence. I want to remain
Byron and will fight to stay in Byron. There are other property
owners on this map I' have attached that also want to remain in
Byron.
We are not interested in rezoning and do not want to sell , unlike
the one or two other property owners that wish to go commercial for
monetary gain. We want to continue to farm and live in the country
atmosphere which still exists in Byron today and feel we should
have a say in our future.
Our properties date back to land grants when as far as you could
see was Byron, and we would like to continue the tradition of
passing our Byron property on to our heirs .
Sinrely -**v-,4Z.
V'
-Barbar Arezzi (�
Philip Arezzi
1166 Temple Drive
Pacheco, CA 94553
(510) 625-1301
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of coni- 1
minty leaders in Discovery Bap
wd Bryon are hoping the county
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can draw the limes for them
Borden.:.:., `
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.-Advisory councils in bath towns .!unction
are drawing up maps showing-their a< ac W
"area of interest"--places where' y
they want some say on develop-
ment and land use.
.,For the most part the two com-
mamities agree.own boundaries.The ttadle;tames in shaded areadt Indicate property owners `
areas that both communities would somwa at m"So Mw"pW Advbmy Coin" Sit w
like to claim are south of ITtghway '
4 to Old River and westRoadto of Biller
S>temmbberaa few members faf r 46'We tried to compromise bi(t. they`didn't-want to andwt
`athesrny arida to ByA Municipal
Advi-
Dboovery ren't going to-either.1 Y -' .:rte- •`' ,`' i > Y,it pY _A �, i,l
ry.Council met and worked out,a w
eampromise, but when' - they
..; Phil.Day, Byron Advisory courid!ctalt
brought it back to their respective
councils it was rejected. Discovery Bay council nc it Chairman . j
"We tried want
'a�pr ; but '!Pat Jackson said Byron's proposed i�r�n("� �e Qr�rT�il�
they didn't want to and we aren't boundaries"are kind of Re the� � 7
gang to either," said`.Phnl Day, wagging the dog.We've got 7,000
chairman of the Byron Avdwsory :people and they have.4,000, and' @ 8d Shirts. 4 a
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• yet .they're claiming .everything
`Tin pat aanqus'for rt to get 'from Moimtaui House.Reed to only 7 cw!itt+$lo on�w�ecs,oa�e�
settled. We've been.talking renttvoad." « .. A
the boundaries problem since the l8 The boundary dispute is canning Sto .`Skirts! •:BlOtues oNy53.00-Suits Crt1)r56..
�Byron Advisory Council into t to a head because both towns need BritiL n.-K�le:$i�l:ClE'&tl._
ezostemc�e about three years ago." to set tdneir borders as they try.ao. - . - ,
•.
.Both _couna7s::have 'approved form•more format goveiaang strtr 1360 Sunset Dr,Antioch • 757-1927
competing maps and ncrw plan to tures. =» Open
t9�Surpef visas � �9 Bay want$, map.t0 Md
Mort.-Fd 7�' sat.'"... SUn.l t-5 L. 1'➢9
lead them`to Otxtn r
Tom Tarlaksao. ..-� -. help it prepare a.study:oa the feria-
Torlakson said he wants to meet bdity of incorporating.Byiroa wants ,;� ,� : < ri h r t
-with representatives of both coum a map so it can move forward with. •r --
CDs as well as the owners of.the ;plans to change its.town:,advisarY
.properties in the disputed axeas:be- coamc .into a'mer.and more w Coag tutu lotions
fore he takes the issue to the Board formal municipal advisory' council. 11,00.% `w i
Supervisors, -,� ; j r..;Tordakson said the;supervisors
+'
He Said he 33 pdanutmg oh hal wotndd Iidtt'ly approve both`the-IIeW
.the meeting,in December and :,:maaps and forming a
the supervisors ,to approver the-+ sort'council for Bryon at.the same
tl�t-v ) 31 ' <.�F't� :4R � j` 1(�t 11.1: ^r++4tkA�l1l."�.-i�}f�;,,,T i��ka .I.s.rii j,,,,.,4 •
_rgaps m Jan a yg '2V-4 1
a !ce:wr -. y�, .. ..�+-
r d K'.' b fi ls�Y•,,,iiri'F2 _ '� .¢a *x W� 'P1 ��l�K�:9''€Y`1PR�A "�}.�+.
� � ;� being the Grand:Pnze winner of:the
i..i f t f i ;X`^�` �r7_ea i j,..._ 4. :3ie ik a h•1-k:. �u� ? .i "�W Y "S'"i)+,i71 sq:" . AIrY
Fmm OWdevedaping`caoamtries must all make � Datl `LedgedrPOst.Dits ,3
passion;':renewing •America 'so it -some politically unpopular decisions -1 t a k• . T, 4i /•�{� �, }
..,',.-«.-.s.'.ya 4:..,.. �+•'+*.�+�-M+t.'. -. :.i;a,:w„irir► ,;,1-.�t[t-'11i«J!/�lll t,�lHl-
November 10, 1993
Board of Supervisors Clerk
651 Pine Street
Martinez, CA 94553
Attention: Tom Torlakson
Dear Mr. Torlakson:
I wanted to bring to the Boards attention I was not notified there
was a decision being made on my property. I had heard
Vernon Thomas spoke at a closed door meeting with the DBMAC acting
as a representative of my property. He had no„authority to do this
and I have .never been contacted for my authority to say I wanted to
be in the Discovery Bay Sphere of influence. I want to remain
Byron and will fight to stay in Byron. There are other property
owners on this map I have attached that als�V want to remain in
Byron.
We are not interested in rezoning and do not want to sell , unlike
the one or two other property owners that wish to go commercial for
monetary gain. We want to continue to farm and live in the country
atmosphere which still exists in Byron today and feel we should
have a say in our future.
Our properties date back to land grants when as far as you could
see was Byron, and we would like to continue the tradition of
passing our Byron property on to our heirs .
Sincerely
I o
o
B I x L E R ;,,,.,, ROAD
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RECEIVE
November 10, 1993 '
NOV 5 W3
CLERK BOARD
COINV D COST CO.PERVISORS
A
Board of Supervisors Clerk
651 Pine Street
Martinez, CA 94553
Attention: Tom Torlakson
Dear Mr. Torlakson:
I wanted to bring to the Boards attention I was not notified there
was a decision being made on my property. I had heard
Vernon Thomas spoke at a closed door meeting wi=th the DBMAC acting
as a representative of my property. He had no-'authority to do this
and I have never been contacted for my authority to say I wanted to
be in the Discovery Bay Sphere of influence. I want to remain
Byron and will fight to stay in Byron. There are other property
owners on this map I have attached that also want to remain in
Byron.
We are not interested in rezoning and do not want to sell , unlike
the one or two other property owners that wish to go commercial for
monetary gain. We want to continue to farm and live in the country
atmosphere which still exists in Byron today and feel we should
have a say in our future.
Our properties date back to land grants when as far as you could
see was Byron, and we would like to continue the tradition of
passing our Byron property on to our heirs.
Sincerely A
���� d
i o '
t
BIXLER ROAD
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DATE: Z21
REQUEST TO SPEAK FORM
THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: E1) /�/ PHONE:
ADDRESS: 3 5t C tjAOW CITY: / i
I am speaking formyself OR ..organization: W� ► � y`"l/ 4,-)yl e -ArA/o
Check one:
--�� (NAME OF ORGANIZ-\TION) R,CA)(-/0Xd
I wish to speak on Agenda Item # y /
My comments will be: general for against
I wish to speak on the subj ect of
I do not wish to speak but leave these comments for the Board to consider.
i
DATE: c�— G
REQUEST TO SPEAK FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: L , � / ��
" �I � � PHONE: � � 3
ADDRESS: 7iLi � �,�/t CITY:
a
I am speaking formyself L-----OR organization:
Check one: NAME OF ORGANI7A.1'[0ti)
I wish to speak on Agenda Item # S
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
DATE:
P,,JEQUE5fi To SPEAK FORM
(THREE (3) MINUTE' LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressina the ard.
NAME: PHQNE'
Ge:�O_�
ADDRESS: !' CITY:
I am speaking formyself OR organization:
f NAME OF QRGANIZNTION)
Check one:
I wish to speak on Agenda Item #
M comments will be: general for against
Y
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
DATE: 1 1 . 7 t 3
REgvEsT To SPEAK FORM
(THREE (3).MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: S PHONE: 3 �
ADDRESS: CITY:
I am speaking formyself^�/--OR organization:
(NAME OF ORGANIZNTION)
Cheek one:
c/ I wish to speak on Agenda Item #
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
DATE: �Z — 7�
REQUEST TO SPEAK FORM
THREE (3) MINUTE'LIMIT /
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
AME: L/fu&q- �ul��.�LT�N PHONE:
DRESS: CITY: AL hC, /4e�wG/
I am speaking formyself OR organization:
NAME OF ORGANIZV-10N)
heck one:
I wish to speak on Agenda Item # I
My comments will be: general for against �--
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
TOM POWERS
lam_ v�4 SUPERVISOR,FIRST DISTRICT
sT'4 COUti
December 3, 1993
President and Council Members
North Richmond Municipal Advisory Council
North Richmond Senior Center
Richmond, CA 94801
Dear President and Members of the MAC:
It has come to my attention that there is some confusion about the recent
appointments to the North Richmond Municipal Advisory Council. It is my hope that this
letter will clarify any confusion.
On November 9, 1993, four MAC members (Clark, Olden, Coleman and Wooten)
were appointed by the Board of Supervisors for four-year terms expiring November 30,
1997. Three members (Barrett, Slocum and Spears) were appointed for two-year terms
which expire November 30, 1995. These appointments occurred in lieu of election
because there were not more candidates for office than seats available. The seats,
however, do represent "elected" positions on the MAC.
In June, the County Elections Office reported that the election of all eleven MAC
council members would not be possible as long as the three members representing business
interests did not have to reside in North Richmond. At that point, the election was
structured for the remaining eight members, with the three business members to continue
to be appointed by the Board of Supervisors. Tubby Snodgrass and Henry Kelman, the
two business representatives serving on the MAC, were reappointed by the Board of
Supervisors on November 9, 1993, for two year terms which will end November 30, 1995.
I welcome the MAC's assistance in recruiting and recommending a person or
persons to be considered for the third business seat. The Board of Supervisors will
continue to appoint and reappoint these representatives, as we do for other Board-initiated
committees and commissions.
Because Joseph McCoy is prohibited by law from holding one of the "elected"
seats, I suggest that the MAC consider nominating Mr. McCoy for an appointed seat.
This could be done by adding a fourth appointed seat for a youth representative and
reducing the number of elected members to seven. I will leave that discussion up to the
MAC. The Board of Supervisors will not ignore the law, however, and appoint Mr.
McCoy to one of the technically "elected" seats.
If there are any further questions or concerns, please do not hesitate to call me at
my office, (510)374-3231.
Sincerely, _.
TOM POWERS
District I Supervisor
100-37th STREET, ROOM 270 RICHMOND, CALIFORNIA 94805-2136 • TELEPHONE (510) 374-3231 FAX (510) 374-3429