HomeMy WebLinkAboutMINUTES - 10152002 - C.57 TO: BOARD OF SUPERVISORS �7Contra
FROM: INTERNAL OPERATIONS COMMITTEE
Costa
DATE: OCTOBER 15, 2002 County
SUBJECT: COUNTY PLANNING COMMISSION ALTERNATE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. ACCEPT County Counsel's opinion that there is no statutory authority for the Board of
Supervisors to appoint alternates to the County Planning Commission.
2. REQUEST the County Counsel to stay in contact with the City of Martinez and Town of
Danville to determine what, if any, legal basis was relied upon in those agencies for
appointment of their planning commission alternates.
BACKGROUND:
On August 13, 2002, the Board of Supervisors referred to the Internal Operations Committee
the issue of appointing an alternate to the Contra Costa County Planning Commission and
directed the IOC to include in its discussion other possible solutions to problems that arise as a
result of absences from the Contra Costa County Planning Commission.
On September 16, the IOC reviewed County Counsel's opinion (dated August 8, 2002) that the
Board of Supervisors may not appoint alternates to the County Planning Commission, and
received a memo from the Planning Commission Secretary providing a five-year history of
meeting quorums and indicating that the Commission had no difficulty in achieving a quorum.
Acknowledging that the cities of Martinez and Danville appointed alternates to their city
planning cornmissions, the IOC requested that County Counsel check with those cities to learn
under what authorization those appointments were made, and to report back to the Committee
at its next meeting.
On October 7, the IOC received the attached report from County Counsel indicating that the
City of Martinez and Town of Danville have not researched the issue and the agencies have
never been challenged on the issue.
In acknowledgement of the potential legal liability of creating an alternate planning
comrn ssioner seat without explicit statutory authority, the IOC recommends that the Board
accept the County Counsel's opinion, and request the County Counsel to maintain contact with
other agencies who are researching their authority to appoint alternates.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
--------RECOMMENDATION OF COUNTY ADMINISTRATOR -- _ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
MARK DeSAULNIER 9AYLE B.`U1L MA
---____--- -_-------- ------W W ___------ - ---------- -- -- -------- --.- �_--------- ----------------- -------
ACTION OF BOARD ON Ct_- APPRC3VE AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN: )
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ATTESTED CJ --00✓`
CONTACT: JULIE ENEA(525)335-1077 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: COUNTY COUNSEL
PLANNING COMMISSION STAFF ( �%
INTERNAL OPERATIONS COMMITTEE STAFF j
BY � l DEPUTY