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HomeMy WebLinkAboutMINUTES - 02132007 - SD.6 1 r L TO: BOARD OF SUPERVISORS � ~ '°'` Contra FROM: JOHN CULLEN, County Administrator Costa DATE: FEBRUARY 5, 2007 OST4 COU County SUBJECT: MEETING STIPENDS FOR BOARD OF SUPERVISORS MEMBERS S SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION RECEIVE report from the County Administrator on meeting stipends for the governing boards of the County Housing Authority, County Redevelopment Agency, County Flood Control and Water Conservation District, and DETERMINE actions to be taken. FISCAL IMPACT 1 The current meeting stipends for the three public agencies are: Approx. Current Stipend Annual Cost* County Housing Authority $50/meeting up to four meetings monthly $12,000 County Redevelopment Agency $30/meeting up to four meetings monthly 7,200 County Flood Control and Water Conservation District $24/month plus actual and necessary expenses 1.440 Total: 20,640 *Estimated for five governing board members CONTINUED ON ATTACHMENT: EI-YES SIGNATURE: [RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMN1ATION OF BOARD COMMITTEE APPROVE TOTHER, SIGNATURE(S): ACTION OF BO ON O;;L /1'-3 ZO APPROVED AS RECOMMENDED DK OTHER ® S EE v4A->P6N PUM- VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND C�UNANIMOUS(ABSENT Cf1 tb1A. Q151' :r 1 ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT:_�ABSTAIN: ATTESTED: FEBRUARY 13, 2007 Contact: JULIE ENEA (925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: BOARD OF SUPERVISORS MEMBERS COUNTY ADMINISTRATOR C HOUSING AUTHORITY PUBLIC WORKS By: Deputy REDEVELOPMENT AGENCY Meeting Stipends Page 2 Board of Supervisors February 5, 2007 BACKGROUND On December 19, 2006, during a discussion about compensation for Board of Supervisors members and other elected officers, the Board asked the County Administrator to provide a follow-up report on the origin and authority for meeting stipends for governing board members of the following public agencies: County Housing Authority, County Redevelopment Agency (RDA), County Flood Control and Water Conservation District (FCWCD). Following are the origin and authorization for the current stipends (copies of original documents attached for reference): County Housing Authority CA Health and Safety Code section 35274 County Redevelopment Agency RDA Resolution No. 84-15 County Flood Control and Water Code Appendix, Chapter 63 Water Conservation District WAIS Document Retrieval Page 1 of 2 (d) Any appointment of a successor to a commissioner of a city housing authority shall be made by the mayor if his office is one filled by election by the people, subject to the confirmation of a majority of the members of the governing body. If the office of mayor is not elective the governing body of the city shall make the appointment. All appointments of commissioners of a county housing authority shall be made by the governing body of the county. The amendments to this section enacted by the Legislature at the 1975-76 Regular Session shall not affect the office of any commissioner of a housing authority, which on January 1, 1976, has seven commissioners, but the successors to the two additional commissioners appointed pursuant to the changes in this section which were made by Section 2 of Chapter 367 of the Statutes of 1972 or Chapter 1112 of the Statutes of 1974 shall be tenants of the authority and one shall be over 62 years of age if the authority has tenants of such age. 34273. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and the certificate is conclusive evidence of the due and proper appointment of the commissioner. F34274. A commissioner shall not be regularly employed by the authority to which he is appointed during his tenure of office, but (j may receive per diem payment for attendance at not more than four meetings per month of the authority, which shall not exceed fifty dollars ($50) per day, and shall receive necessary traveling and subsistence expenses incurred in the discharge of his duties. 34275. The power of each authority is vested in the commissioners in office from gime to time. 34276. In the ease of a commission of five persons, three commissioners constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes while in the case of a commission of seven persons, four commissioners constitute a quorum for such purposes. Action may be taken by the authority upon a vote of a majority of the commissioners empowered to vote, unless in any case the bylaws of the authority require a larger. number. 34277. The mayor of the city or the governing body of the county shall designate the first chairman from among the commissioners. The authority shall select his successor from among its commissioners. 34278. (a) An authority shall select from among its commissioners a vice chairman. It also- may employ a secretary, who shall be executive director, technical experts, and such other officers, agents, and employees as it requires, and shall determine their hq://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=70698121637+0+0+0&WAlSacti... 2/5/2007 02/05/07 15:04 H.A.C.C.C. + 6461353 N0.014 D02 y1� 313 191 82/95/200r 14:24 CONTRA COSTA COUNTY CLERK OF THE 93723678 NO.060 1701 BOARD OF OONDi+fI SS I ONERS, HOUSING AI TFIOR I TY, CONTRA COSTA COUNTY, CAI.i FORNIA I Re: Re Per Diem and Expense ) RESOLUTION NO. 3427 Reimbursement for Board ) '- Members, Housing Authority 1 (H.&S.C. 534274) --------------------------------) The Board of Commissioners of the Contra Costa County Housing Authority RESOLVES THAT: In accordance with Section 34274 of the Health and Safety Code of the State of California, members of this Board shall be paid a per diem payment of fifty dollars for attendance at each Housing Authority meeting, but for no more ;then four meetings per month. In addition, members shall receive necessary traveling and subsistence expenses Incurred In the discharge of Housing Authority duties. This resolution continues in force the current authorization for such per diem payments adopted by the Contra Coata County Housing Authority Board of Commissioners on November 28, 1979, This resolution shall remain In effect until modified or canceled. PASSED and ADOPTED on — July 24 _- _---. 1984 by the following vote: " - -" AWES, Commissioners Powers, Schroder, McPeak, Torlakson. NOES: None ABSENT: Conm►issioner Fanden ABSTAIN: None VJW:te Cc: County Administrator i' t� EV ? App. § 63-5.7 CONTRA COSTA COUNTY F ( , Library References Levees and Flood Control a9. C.J.S.Levees and Flood Control§ 24. c c F° r' Waters and Water Courses x228. C.J.S.Waters§ 321. 1}P d WESTLAW Topic Nos.235,405. = S: c • � ,�. � e 3r � d § 63-6. Supervisors; board; compensation and expenses; ordinances; reso- !'. lutions and other legislative actsji (: a Sec. 6. The Board of Supervisors of Contra Costa County shall be and is S C hereby designated as, and empowered to act as, ex officio the Board of Supervisors of the Contra Costa County Flood Control and Water Conservation District. As used elsewhere in this act the terms "board" and. board of supervisors" mean the Board of Supervisors of the Contra Costa County Flood I '' Control and Water Conservation District. I Each member of the board of supervisors of the district shall receive as fi compensation for his services twenty-four dollars ($24) per month and his z actual and necessary expenses in the performance of official duties under this c act, payable from the funds of said district in addition to his salary as county E' supervisor. _ c I`1 All ordinances; resolutions and other legislative acts for said district shall be e i adopted by said board of supervisors, and certified to, recorded and published, '.;. in the same manner, except as herein otherwise expressly provided, as are P P Y P § ordinances, resolutions or other legislative acts for the County of Contra Costa. + (Stats.1951, c. 1617,p. 3644,§ 6.) l Cross References E !j l County ordinances,see Government Code§ 25120 et seq. Library References . Levees and Flood Control a8. WESTLAW Topic No.235. >I�.i C. Levees and Flood Control§§ 22,23. r ' 1Qv S '�W.� ,, ; f § 63-6.1. Commission; delegation of powers; compensation; expenses ' e Sec. 6.1. As provided in this section, the board may appoint a commission consisting of five (5) members who shall be residents of the County of Contra Costa. The board may delegate any or all of its powers to the commission. E�lly� I The board may by resolution provide for compensation for services and pay- t ment of the actual necessary expenses incurred by said members in the 1 (}'Sf!f performance of official duties under this act, payable from the funds of the t � r vj { district. Members of the commission shall serve four (4) year terms and may be replaced or reappointed by the board at the completion of their term. t {I! 'Terms shall be staggered so that .not less than one nor more than two 1 'lf;Ij,, commissioners are to be regularly appointed in any one year. All vacancies 1 4 shall be filled for the unexpired term of the commissioner whose office is I ;'a{1 vacant in the same manner as such commissioner received appointment, except that the board of supervisors shall allocate each office on the commission to a f lE,r supervisorial district and appointments to any vacancy in such office shall be tf " made by the supervisor then representing such supervisorial district. fA 476 -XI,, ,�h r OU FLOOD CONTROL. & WATER CONSERVATION A § 63-7 a When the board of supervisors has delegated any or all of its powers to the FA 4• M r ' , commission, the terms "board" and "board of supervisors" mean the commis- y �p �.sion. The commission may, by resolution, certified to by the chairman of the • commission, take action with reference to any and all matters which have been delegated to it by the Board of Supervisors of the County of Contra Costa. as, reso (Stats.1951, c. 1617, p. 3644, § 1. Amended by Stats.1953, c. 1396, p. 2984, § 3, eff. t, June 26, 1953; Stats.1961, c. 1725, p. 3734, § 3; Stats.1965, c. 1102, p. 2748, § 1; p and is. r:_r Stats.1972, c. 270, p. 530,§ 9.) oard �rvatton ' oard`�of, _' ` u § 63-6.2. Zone advisory boards; drainage area advisory boards y Flood Sec. 6.2. Upon the formation of each zone pursuant to the provisions of this act, the board of supervisors may appoint a zone advisory board composed of :eive`'as. five resident electors of, or owners of real property within, such zone. The and 'ht's < _. ;` zone advisory board may be consulted by the board of supervisors or the der''fhis commissioners of the district in all matters affecting such zone. county 'fly; The board may appoint•drainage area advisory boards for each drainage area composed of resident electors of, or owners of real property within, each such shall be drainage area. blished (Added by Stats.1955, c. 1171, p. 2183, § 6. Amended by Stats.1972, c. 270, p. 531, as:a're. § 10; Stats.1979, c. 1107, p. 3985,§ 3.) I Costa Library References Levees and Flood Control 0-8. WESTLAW Topic No.235. �r C.J.S. Levees and Flood Control§§ 22,23. §. 63-7. Officers; expenses Sec. 7. The county counsel, district attorney, county surveyor, county asses- sor, county tax collector, county clerk, county auditor, purchasing agent and .es '.county treasurer of the County of Contra Costa, and their successors in office, nisston and all their assistants, deputies, clerks and employees, and all other officers of W said Contra Costa County, their assistants, deputies, clerks and employees, shall Contra 1 i ' I } .` be ex officio officers, assistants, deputies, clerks and employees, respectively, of iisston, td a ` the district, and shall respectively perform, unless otherwise provided by the P, Y in the k; board, the same various duties for the district as for said Contra Costa County, of the in order to carry out the provisions of this act. id -nay_ , All such officers, deputies, clerks and employees shall receive their actual term ' r.I necessary expenses in the performance of official duties under this act payable in .two;, ` from the funds of the district. The board by resolution may make provision to anctes ;:'fully compensate the county counsel for all costs of providing extraordinary fftce'is, °- r'lal services to the district. Officers, assistants, deputies, clerks and employ- except, e g Pa ees of the district may, without prejudice to their rights, be transferred to the onto a Y P J g hall'be, service of the County of Contra Costa. fay (Stats.1951, c. 1617,p. 3644, § 7. Amended by Stats.1972, c. 270, p. 531, § 11.) . 477 T.9 REDEVELOPMENT AGENCY,CONTRA COSTA COUNTY,CALIFORNIA Re: Compensation of Legislative ) Body Members ) RESOLUTION NO.RA 84-15 (H.&S.C. Sec.33114.5) The Board of Supervisors as the legislative body of the Contra Costa County Redevelopment Agency RESOLVES THAT: In accordance with the provisions of Section 33114.5 of the Health and Safety Code of the State of California,members of the legislative body constituting the Contra Costa County Redevelopment Agency shall each be paid for attendance at Redevelopment Agency meetings at the rate of thirty dollars($30)per meeting,not to exceed payment for the compensation for attending_ more than four Agency meetings during any calendar month. In addition,members shall receive reimbursement for their actual and necessary expenses incurred in the discharge of their duties. This resolution is to remain in effect until modified or cancelled. PASSED and ADOPTED on JulyV, 1984 by the following vote: AYES: Directors Powers,Schroder,McPeak,Torlakson NOES: None ABSENT: Director Fanden ABSTAIN: None I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Redevelopment Agency on the date shown. ATTESTED: July 24.1984 J.R"OLSSON,COUNTY CLERK Viand ex officio Clerk Bye�e..�.�z� 7�L�- �✓ .Deputy CC: Redevelopment Agency County Administrator Director of Planning Auditor-Controller RESOLUTION NO. RA 84-15 WAIS Document Retrieval Page 1 of 2 CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 33110-33115 33110. When the legislative body adopts an ordinance declaring the need for an agency, the mayor or chairman of the board of supervisors, with the approval of the legislative body, shall appoint five persons, who are resident electors of the community, and may include tenants of a public housing authority created pursuant to Part 2 (commencing with Section 34200) of this division, as members of the agency. The legislative body may, either at the time of the adoption of the ordinance declaring the need for an agency or at any time thereafter, adopt an ordinance increasing to seven the number of members to be appointed to the agency. Upon the exercise of such. option by the legislative body, the membership of the agency shall remain at seven. 33111. A member may not be an elective officer or an employee of the community, but, notwithstanding any other law, he may be a member, commissioner, or employee of any other agency or authority of, or created for, the community. 33112. Three of: the members first appointed shall be designated to serve the terms of one, two, and three years, respectively, from the date of their appointments and two shall be designated to serve for terms of four years from the date of their appointments. If and when the membership of the agency is increased to seven, one of the additional members shall be appointed to a term, or unexpired portion thereof, which is concurrent with the term then held by the member originally appointed for a term of three years or by his successor, and the other additional member shall be appointed to a term, or unexpired portion thereof, which is concurrent with the term then held by the member originally appointed for a term of two years or by his successor. Their successors shall be appointed for four-year terms. Vacancies occurring during a term shall be filled for the unexpired term. A member shall hold office until his successor has been appointed and has qualified. 33113. The appointing officer shall designate the first chairman from among the members. When there is a vacancy in such office, the agency shall elect a chairman from among its members. Unless otherwise prescribed by the legislative body, the term of office as chairman is for the calendar year, or for that portion remaining after he is designated or elected. 33114. Members shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. They may receive such other compensation as the legislative body prescribes. http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=70854728513+0+0+0&WAISacti... 2/5/2007 WAIS Document Retrieval Page 2 of 2 33114.5. Notwithstanding any other provision of law, whenever the legislative body of a city having a population of less than 200,000 or the legislative body of a county declares itself to be the agency pursuant to Section 33200, the compensation provided for in Section 33114 shall not exceed thirty dollars ($30) per member for each meeting of the agency attended by the member. No member shall receive compensation for attending more than four meetings of the agency during any calendar month. In addition, members shall receive their actual and necessary expenses incurred in the discharge of their duties. 33115. For inefficiency, neglect of duty, or misconduct in office, a member may be removed by the appointing officer, but only after he has been given a copy of the charges at least 10 days prior to a public hearing on them and has had an opportunity to be heard in person or by counsel. If a member is removed, a record of the proceedings and the charges and findings shall be filed in the office of-the clerk of the community. h4://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=70854728513+0+0+0&WAISacti... 2/5/2007 ADDENDUM to SD.6 February 13, 2007 On this day,the Board of Supervisors considered accepting a report from the County Administrator on the inception and purpose of stipends for members of the Housing Authority Board of Commissioners, County Redevelopment Agency Board of Directors, and the Flood Control and Water Conservation District. John Cullen, County Administrator, introduced the item. Chair Piepho asked about the Board's discretion to change or refuse the stipends for the Housing Authority, Redevelopment, and Flood Control. Mr. Cullen responded that the local policies on compensation state that the members "shall"be compensated, as apposed to "could,"but added that the stipends are issued at the Board's discretion and any member can refuse. He added that there is room to take action to except the Board members from the issuance of stipends while still allowing compensation for the agencies' other non-Board commissioners. Silvano Marchesi, County Counsel, added that the Board could take action to change the Resolutions that issue the stipends, or each individual Board member could make a choice to refuse the stipends. Supervisor Bonilla noted that, as the job of Supervisor has changed and grown into its own full-time job,the supplement of these stipends is no longer needed. She suggested examining whether the reduction of funding would affect the agencies, or whether it would be an infusion into the General Fund. Mr. Marchesi suggested it might make sense to return with a draft Resolution to ensure that the language encompasses the Board's intentions. Supervisor Piepho suggested that the County Administrator also research the potential to make changes to the longevity benefit for non-vested and/or newly elected department heads and Supervisors. Mr. Cullen said this matter could be returned to the Board at a meeting in early March. By a unanimous vote of 4-0 with Supervisor Gioia, District I, absent, the Board of Supervisors took the following action: ACCEPTEI)the report on the inception and purpose of stipends for members of the Housing Authority Board of Commissioners, County Redevelopment Agency Board of Directors, and the Flood Control and Water Conservation District; and DIRECTED the County Administrator and County Counsel to return to the Board at a regular meeting in March to present a draft Resolution that would repeal the stipends allocated to Board of Supervisors members for their roles on the three named agencies, while excepting those agency's non-Board of Supervisors Commissioners from the action.