HomeMy WebLinkAboutMINUTES - 12162008 - D.5 TO: BOARD OF SUPERVISORS sE L"'°� Contra
FROM: Ad Hoc MAC Committee Costa
Supervisor Mary N. Piepho
Supervisor Federal D. Glover C�s4 COUK� �~, County
DATE: December 16, 2008
SUBJECT: POLICIES AND BOUNDARIES FOR MUNICIPAL ADVISORY COUNCILS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION(S)
A. ADOPT the policy recommendations (refer to Exhibit A) made for the purpose of improving
consistency in the composition, powers, and operations among the County's Municipal
Advisory Councils (MACs), as recommended by the Ad Hoc MAC Committee.
B. ADOPT the boundaries for the eleven MACs as well as the Discovery Bay Community
Services District (CSD) Referral Area, as shown on Exhibit B, and direct that these
boundaries will be used in place of any prior map or boundary description.
C. DIRECT the Department of Conservation and Development, the Public Works Department
and the Airport Division to provide equivalent notification to the Discovery Bay Community
Services District for projects within the Byron Airport area and to the Knightsen MAC for
projects in the Old River Elementary School Site area as shown on Exhibit C. L
CONTINUED ON ATTACHMENT: 1YES SIGNATURE: S-fArF 4p Cpvprry-J+e e,
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATIONU BOARD COMMITTEE ❑
❑ APPROVE ❑ OTHER
SIGNATURE(S): Q
ACTION OF BOARD ON I �� b 0
APPROVED AS RECOMM EDNE D U OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: (� RI
DAVID TWA,CLE K OF THE BOARD OF
Contact: L. Delaney,CAO(335-1097) SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Board of Supervisors
Clerk of the Board of Supervisors
Department of Conservation and Development y: Deputy
Page 2
D. DIRECT staff of the County Administrator's Office to review the Maddy Book, MAC
establishing resolutions, MAC Bylaws and other relevant resolutions to make
amendments consistent with all Board approved policies.
II. FISCAL IMPACT
Policy #9, MAC Funding, recommends a change to current Board policy which does not
provide funding for MAC operations. Policy #9 recommends that each district office be
allocated $3,000 per MAC for operational support. There are 11 MACs in.existence in
Contra Costa County and one Community Services District that performs advisory functions.
If the General Fund were to be utilized to fund the MACs, it would be a $33,000 impact.
Expenditures in other areas would need to be reduced to provide General Fund support.
Policy #9 suggests that non-General Fund revenues be identified for MAC support until the
budget situation allows for General Fund support.
III. BACKGROUND
On December 20, 2005, the Board of Supervisors directed Supervisors Piepho and Glover to
review and analyze the operations of all MACs in an effort to improve consistency among the
MACs. Currently, there is little consistency in such things as membership size and
composition, administrative staff support, activities conducted, boundary formation, and fiscal
resources. While some of these variances may reflect the inherent differences in the
communities served, it would be beneficial if there was consistency in the operating policies
and procedures of the MACs to ensure that they are effectively serving their advisory
purpose and, in that regard, are accurately representing the concerns and recommendations
of the community.
Since its formation, the Ad Hoc MAC Committee has made policy recommendations to
advance the objective of greater consistency that the Board of Supervisors adopted in June
and December, 2006. The Ad Hoc MAC Committee continued to meet throughout 2007 and
2008 to consider additional policies, procedures, and boundary changes and hosted two All-
MAC meetings to receive input. The first All-MAC meeting was on December 18, 2007; the
second was April 21, 2008. The Ad Hoc MAC Committee also received a substantial amount
of written correspondence from MACs about the proposed policies and/or boundary changes.
The attached policy recommendations are the result of the Committee's deliberations and
consideration of input. The County Administrator's Office is currently in development of a
handbook for MAC members that would contain these policies and procedures for easy
reference.
There is, as yet, one unresolved matter with respect to MACs whose membership
composition is the same as that of an elected board of a Community Services District (Policy
#14). The Ad Hoc MAC Committee has requested that the Internal Operations Committee of
the Board consider an amendment to the County's Better Government Ordinance (BGO) to
exempt a MAC from compliance with the BGO when the MAC members are also the elected
Board of Directors of a .CSD. Under the current BGO, a MAC with the same membership
composition as a CSD Board would operate as a County advisory body, subject to the
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County's policies for advisory bodies and to the Better Government Ordinance (BGO). It
would hold its meetings on the same night and in the same location where the CSD Board of
Directors meets. However, requiring the MAC's compliance with the BGO may result in
confusion about applicable procedures. The BGO does not apply to CSD meetings, and
when functioning as the MAC, the elected CSD directors would have to follow different open
meeting procedures than they follow for CSD meetings.
MAC Boundaries:
The existing MAC boundaries were reviewed based on the proposed policies which have
been developed to ensure that the boundaries best reflect the community of interest. The
criteria for analysis includes the use of borders of established county and city limit lines,
special district boundaries (including but not limited to, community service district and water
district), census tracts, geographic features such as highways or waterways, the adopted
urban limit line, and areas of special interest (e.g. airports, refineries, special district lands).
The intent of the proposed policies is to set guidelines to provide consistent rationale to the
establishment of boundaries that reflect the community of interest for each MAC area.
These criteria were applied and presented in map form to the MACs at the April 21, 2008
meeting. The MACs were provided the opportunity to comment on the boundaries; those
comments were considered in the formation of the proposed MAC boundaries which are
included as Exhibit B.
The existing boundaries for five of the MAC areas are consistent with the proposed policies
and no changes are proposed. This includes the boundaries for the Contra Costa Centre,
Diablo, EI Sobrante, Kensington, and Pacheco MACs. It should be noted that the Pacheco
MAC offered to expand their boundary to the north of Highway 4 to include the Blum Road
and Pacheco Boulevard areas. This change would not be consistent with the proposed
boundary formation criteria, and would not accurately reflect the area of the Pacheco
community. In addition, the City of Martinez has proposed annexation of a portion of this
property to the north of Highway 4.
The MAC areas with notable amendments to the boundaries include Bay Point, Byron,
Discovery Bay, and Knightsen. The proposed boundary for Bay Point has been extended to
include the Willow Pass Business Park and to be co-terminus with the census designated
place line, and the Supervisorial District boundary. The boundary was also expanded south
to include a relatively small unincorporated area within the Urban Limit Line between the
Cities of Pittsburg and Concord.
The proposed boundary for Byron was reduced and includes Marsh Creek Road as the
northern boundary with the eastern boundary set at the 94514 and 94505 zip code boundary,
the southern boundary as the southern airport boundary, and the western boundary as
Vasco Road. The boundary along the western edge was expanded slightly to include
residents along Camino Diablo from Vasco Road to Walnut Boulevard. Although the Byron
Airport was included in the Byron MAC area, Recommendation C includes an additional
notification to the Discovery Bay CSD given the proximity of the site and the regional nature
of the facility.
' Page 4
The proposed Discovery Bay CSD Referral Area reflects the original MAC boundary area
with the addition of the Sphere of Influence change at the northern boundary. It is
recognized that the boundary extends beyond the Discovery Bay CSD area, to include lands
that are within the Discovery Bay area of interest and within the Urban Limit Line.
The proposed Knightsen MAC boundary was reduced to be consistent with Knightsen Town
Community Services District boundary. It should be noted that Recommendation C provides
notification to the Knightsen MAC for proposals in the Old River Elementary School Site area
which is located in the Discovery Bay CSD Referral Area.
The final change was to set the MAC boundaries along the shorelines at a standard 500 feet.
This criteria was applied to the North Richmond, Rodeo, Bay Point, and Bethel Island MACs.
Exhibit A
MAC Policy Recommendations
1
:cnt
i'I •C
MAC POLICY RECOMMENDATIONS
From the Ad Hoc MAC Committee
Supervisor Mary N. Piepho
Supervisor Federal D. Glover
Dec. 16, 2008
Table of Contents
Introduction........................................................................................................................ 3
MAC Member Appointments.......................................................................................... 3
MAC Member Termination.............................................................................................4
MAC Alternate Positions ................................................................................................. 5
MACMembership Size.................................................................................................... 5
MACCommittees.............................................................................................................. 6
l
MAC Meeting Location, Frequency,and Length.......................................................... 7
MACTraining Requirements.......................................................................................... 8
Administrative Staff Support of MACs.......................................................................... 8
MACFunding.................................................................................................................... 9
MAC Operating Procedures--Creating Agendas, Posting Agendas, Records of
Action, and File Storage................................................................................................. 10
MAC External Communications and Representations............................................... 11
MAC Annual Reports,Including Work Plans............................................................. 12
MACBoundaries ............................................................................................................ 12
Community Service District Board Members as MAC Members.............................. 13
12/10/2008 2 Contra Costa County
Introduction
The following policy recommendations are made for the purpose of improving
consistency among the County's Municipal Advisory Councils (MACs). Currently, there
is little consistency in the membership composition, method of member selection, staff
support, activities conducted, methods of community outreach, and fiscal resources
among the MACs. While some of these variances may appropriately reflect the inherent
differences in the communities served, a policy framework for the operating rules and
procedures of the MACS will ensure that the MACS are effectively serving their advisory
purpose and, in that regard, are accurately representing the concerns and
recommendations of the community.
Staff should be directed to review the Maddy Book, MAC establishing resolutions, MAC
Bylaws and other relevant resolutions to make amendments consistent with all Board
approved policies.
1. MAC Member Appointments
Resolution 2002/377 ("Board Advisory Body Procedures") states: "Except for
committees comprising County staff members, all advisory body members that are
appointed by the Board shall have specific terms of appointment as prescribed by statute
or as fixed by the Board. Unless otherwise specified, appointees shall serve four-year
terms."
MAC members are appointed by the Board of Supervisors, upon nomination by the
District Supervisor. Often, after the expiration of a member term, the member continues
to serve in the seat until re-appointment or dismissal. Although the continuation of
service may seem efficient from the perspective of having a seat filled, it can create the
impression that re-appointment is an automatic process.
Recommendations
1. There should be no automatic re-appointment of MAC members.
2. At the expiration of the term, the MAC member appointment should be
terminated, and the MAC member should not hold over.
3. The District Supervisor may choose whether to re-nominate an incumbent
member or nominate a new member. Any re-nomination or nomination must be
approved by the Board of Supervisors.
4. Effective January 2009, MAC member terms shall be coterminous to the term of
office of the District Supervisor nominating the member. Appointments should
be made within 60 days of the beginning of the District Supervisor's term.
12/10/2008 3 Contra Costa County
5. In the case of newly-elected Supervisors, MAC members can carry over their
positions for a period not to exceed 90 days,to allow time for a Supervisor to
recruit and make position selections and nominations to the Board of Supervisors.
2. MAC Member Termination
Each appointed member of the MAC serves at the pleasure of the Board of Supervisors
and may be removed, at will, by a majority vote of the Board. The rescission of an
appointment by the Board is rare. However, policies should be in place in the event that
a MAC member acts inappropriately toward other MAC members, staff, or the public;
acts outside the authority of the MAC; or has persistent problems with attendance.
Recommendations
1. MAC members may be removed from their appointments at will upon
recommendation by the District Supervisor to the Board of Supervisors.
2. MAC members should express concerns about any inappropriate behavior by a
member to the District Supervisor.
3. If an issue arises, a District Supervisor may meet with or send a letter to the MAC
member, advising the member of the concern and indicating that a failure to
correct the inappropriate behavior may lead to removal.
4. The MAC member should receive written notice of a recommendation for
removal, of the date and time of the meeting at which the Board will consider the
matter, and of the opportunity for public comment to the Board before action on
the matter.
5. If a MAC member or alternate has been absent from two consecutive meetings,
the'secretary or administrative support staff should advise the member or alternate
that absence from three consecutive regular meetings of the MAC may result in a
recommendation of termination to the Board of Supervisors.
6. Where it appears that there will be sufficient members to hold a meeting but at the
actual time of the meeting a quorum cannot be reached and the meeting is
canceled, those members or alternates who are absent will have an absence
counted against them.
12/10/2008 4 Contra Costa County
3. MAC Alternate Positions
Alternate positions have been established for 7 of the existing MACS. Alternates can.
serve a useful purpose by assisting with the achievement of a quorum. However, a policy
of automatic appointment of the alternate in the event of a vacancy may discourage other
interested individuals from applying for appointment. Moreover, appointments should
not be made automatically, in respect of District Supervisor responsibility for member
nominations.
Recommendations
1. Alternate positions do not automatically assume a member position when a
vacancy arises. Alternates,however,may be nominated to fill a member vacancy
to the Board of Supervisors by the District Supervisor.
2. The establishment of an alternate position(or positions) in the case of a 5 member
MAC is at the discretion of the District Supervisor. However, a MAC should not
exceed 7 members in total.
4. MAC Membership Size
The size and composition of the MACs in Contra Costa County vary widely. MACS are
currently comprised of either 5 or 7 members with one, two, or no alternates. The
population of the unincorporated communities range from 861 to 21,534 with no
correlation between the size of the MAC and the size of the community. In general, the
larger the membership size, the greater the cost and administrative support required by
District staff to serve the members. Furthermore, recruiting members to serve is
sometimes a challenge for the MACS, which creates problems for achieving a quorum,
particularly for the 7 member MACs.
The current size of the MACS and the 2000 Census population estimates for their
respective communities are as follows:
MAC District Current Size Population
Bay Point V 7 21,534
Bethel Island V 5 & 1 alternate 2,312
Byron III 7 & 1 alternate 916
Contra Costa Centre IV 7 5,133
Diablo" III 5 988
El Sobrante I 7 &2 alternates 127260
Kensington I 5 &2 alternates 4,936
Kni htsen III 5 &2 alternates 861
The members of this MAC are Community Service District(CSD)board members.
12/10/2008 5 Contra Costa County
North Richmond I 7 4,076
Pacheco IV 7 & 1 alternate 3,562
Rodeo II 7 & 1 alternate 8,717
Recommendations
To better align the size"of the MAC with the size of the community, to provide greater
consistency among the MACs, and to equalize administrative support requirements, the
size of the MAC should be 5 members for small communities and 7 members for large
communities.
1. MACs that represent unincorporated communities whose population is less than
4,000 should have a membership of no more than 5 members.
2. The term of current members should not be renewed and appointments should not
be made for vacant seats, as necessary,to achieve the recommended MAC size.
MAC District Current Size Proposed Size
Bay Point V 7 7
Bethel Island V 5 & I alternate 5
Byron III 7 & I alternate 5
Contra Costa Centre IV 7 7
Diablo III 5 5
El Sobrante I 7 & 2 alternates 7
Kensington I 5 &2 alternates 5 & 2 alts.*
Knightsen III 5 &2 alternates 5
North Richmond I 7 7
Pacheco IV 5 & 1 alternate 5 & 1 alt.*
Rodeo II 7 & 1 alternate 7
*As recommended by the District Supervisor.
5. MAC Committees
Some MACs have established committees(or subcommittees)to address particular
subject areas considered by the MAC. However, contrary to requirements, the.
committees do not always operate in accordance with MAC operating procedures, the
Brown Act, and the County's Better Government Ordinance. Unless these policies and
procedures are followed, the MAC, the public and the Board of Supervisors may not be
well served by the committees.
12/10/2008 6 Contra Costa County
Recommendations
1. MACs may establish a single-purpose committees(or subcommittee)when
needed. The committee (or subcommittee) shall be composed solely of less than a
quorum of the MAC and chaired by one of its members. Members of the public
who are not MAC members may not serve on a committee or subcommittee.
2. A specific charge or outline of responsibilities shall be established for the
committee (or subcommittee)by the MAC in its Board-approved annual work
plan. A target date shall be established for report back to the MAC. The
maximum life of the committee (or subcommitee) shall be one year, with annual
review, and possible extension by the MAC.
3. The committee(or subcommittee) shall operate in accordance with MAC
operating procedures,the Brown Act, and the County's Better Government
Ordinance.
4. Meeting agendas for committees (or subcommittees) shall be posted and records
of action should be maintained and posted as well.
6. MAC Meetinp-Frequency,Location,Length,Operations
Current policy in the MAC establishing resolutions indicates that MACs "shall hold
regular meetings at least monthly at an established time and place." (Italics added.)
Many MACS meet twice a month, with additional committee meetings. The frequency
and length of meetings increase the cost and requirements of administrative support for
the MACs. However, MACs should meet as needed to ensure timely and effective input
on land use matters.
Recommendations
1. MACs shall establish a standard meeting schedule for the year as part of its Board
of Supervisors-approved annual work plan, making changes in consultation with
the District Supervisor's office.
2. MAC meetings should be held at a time and place convenient and accessible to
MAC members, the community, and administrative support staff.
3. Generally, MAC meetings should not exceed three(3)hours in length.
4. MACs shall fully comply with the Board of Supervisors' policy concerning
conflict of interest and open meetings (Resolution No. 2002/376).
12/10/2008 7 Contra Costa County
5. The MACS shall agendize and respond to items that are referred to them in a
timely manner(i.e., within 30 days of referral) such that their review does not
delay the County consideration of the matter.
6. Time limits may be imposed in the course of the meeting by the Chair. In general,
speakers should be prepared to make their points known within three minutes.
7. The MAC Chair should remind the public at the start of each meeting that the
MAC is an advisory body to the Board of Supervisors.
7. -MAC Training Requirements
The staffs of the County Administrator's Office (CAO), Auditor-Controller and County
Counsel annually train advisory body and MAC members on operating procedures, fiscal
procedures, the Brown Act, the County's Better Government Ordinance, and County
government in general. Training provides MAC members with resources and knowledge
to operate efficiently and effectively.
Recommendations
1. MAC members must attend a training offered by the CAO staff at least once
during the first two years of his/her term, preferably in the first year, and must
view the video training"The Brown Act and Better Government Act—What You
Need to Know"before attendance of their first meeting.
2. MAC members are encouraged to attend the annual advisory body training and
should receive an orientation on MAC member duties and responsibilities by
District and/or CAO staff before their first meeting. CAO staff will develop and
distribute a MAC Handbook to members, as well as a guide,to the Brown Act.
3. Within three months of appointment, each MAC member shall complete the
prescribed training on compliance with conflict of interest and open meeting laws
and shall certify that he or she has completed such training. Training certificates
should be maintained by the District administrative support staff.
4. MAC chairs and/or treasurers must receive fiscal training offered by the Auditor-
Controller's Office and CAO staff before assuming their position.
8. Administrative Staff Support of MACS
Currently, administrative support resources vary widely among MACs. Some MACS
handle their own administrative matters; others are supported by District staff or a
contractor. To ensure effectiveness, all MACs need some level of administrative support
services provided by either District staff or through an independent contractor.
12/10/2008 8 Contra Costa County
Recommendations
1. Each District Supervisor should determine if their MACs will receive
administrative support services from District staff or an independent contractor
retained by the District.
2. In all cases, District staff should be responsible for fiscal oversight of the MACS.
3. Administrative support services to the MACs could include some or all of the
following:
a) MAC agenda preparation,posting, and distribution.
b) Attendance at MAC meetings and arranging for County staff attendance, as
needed.
c) Preparing responses to inquiries made during public comment.
d) Preparing responses of requests from MAC members.
e) Records of action posting and distribution.
f) Filing and maintaining training certifications.
g) Fiscal oversight of the MAC budget and establishment of Petty Cash fund.
9. MAC Fundins
The current MAC establishing resolutions state that no funding will be provided by the
Board for MAC operations: "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."
The few MACs that have budgets are funded with special revenues or donations.
Funding MACS would be a change in County policy. However, financial support would
provide a baseline budget for such things as postage, post office box fees, telephone
charges, printing and postage costs, and clerical support. Non-General Fund support for
MAC operations should be identified until the County budget situation allows for General
Fund support.
Recommendations
I. Each District Office should be provided $3,000 annually per MAC for support of
MAC operations.
2. Funding will be restricted to the following uses: clerical support, telephone '
expenses, post office box expenses, postage, print and mailing services, and
community meeting expenses. Funding may not be expended on other items not
directly related to the functions and activities specified in the Board-approved
annual work plan.
12/10/2008 9 Contra Costa County
3. MACS are encouraged to seek and apply for funding from other non-County
sources to supplement their budget.
10. MAC Operating Procedures--Creating Agendas, Posting Agendas, Records of
Action, and File Storage
Not every MAC consistently operates in adherence with a set of operating rules, the
Brown Act, the County's Better Government Ordinance, the Board of Supervisors' policy
concerning conflict of interest and open meetings (Resolution No. 2002/376), and the
Board's policy governing appointments to boards, committees, and commissions
(Resolution 2002/377). Without adherence to policies and rules, public participation and
the provision of public information is hampered. In addition, the District Supervisor and
Board of Supervisors may not be well served by a lack of timely and accurate
information.
Recommendations
1. The agenda for a MAC meeting should be created by the MAC Chair in
consultation with the administrative support staff. The County Administrator's
Office will provide an agenda template. (See Attachment A.)
2. The agenda for a MAC meeting shall be posted in accordance with the Brown Act
and the County's Better Government Ordinance.
3. District staff is encouraged to post the agenda and record of actions on the District
webpage.
4. Materials distributed for the meeting must be available for viewing at a specified
location that is a public place, accessible during normal business hours, at least 96
hours before a scheduled meeting. In addition, a sufficient number of copies of
meeting materials (a minimum of 10) should be available at the meeting for MAC
members and the public.
5. The MAC should keep a record of its actions in a form prescribed by the County's
Better Government Ordinance: "Each County body must keep a record of its
meeting. Though the record need not be verbatim, i.e., a tape-recording, it must
accurately reflect the agenda and the decisions made in the meeting." (Ord. § 25-
2.205).
6. The Record of Actions should be approved by the MAC and submitted to the
District Supervisor office no later than one month after their approval. The
County Administrator's Office will provide a template for Records of Actions.
(See Attachment B.)
12/10/2008 10 Contra Costa County
7. Storage space for MAC files should be provided at District Supervisor offices
where feasible. For transition purposes, District Supervisors should have access
to at least two years of records. If there is insufficient space in the District
offices, the County Administrator's Office can assist with the provision of storage
space at a centralized location.
11. MAC External Communications and Representations
MACs advise the Board of Supervisors on land use and planning matters affecting their
communities of interest and may represent their communities before the Board of
Supervisors, the Planning Commission and the Zoning Administrator on such issues as
land use, planning, and zoning. MACS may also represent the community before the
Local Agency Formation Commission on proposed boundary changes affecting the
community.
MACs may advise the Board of Supervisors on services which are or may be provided to
the community by Contra Costa County or other local government agencies. Such
services include, but are not limited to, public health, safety, welfare, public works, and
planning. MACs may also provide input and reports to the Board, County staff or any
County hearing body on issues of concern to the community.
However, it is understood that the Board of Supervisors is the final decision making
authority with respect to issues concerning the community and that the Council shall
serve solely in an advisory capacity.
Recommendations
1. Except as specified, the MAC and its individual members acting on behalf of the
MAC, may not represent the community to any federal, state, other county, city,
special district or school district, agency or commission, or any other organization
on any matter concerning the community. -
2. Individual MAC members cannot represent the MAC's positions unless such
representation has been expressly authorized by a vote of the MAC. When an
individual member is authorized to represent the MAC's position to the Board of
Supervisors, Planning Commission, Zoning Administrator, or LAFCO, that
member should speak only to those topics which have been expressly authorized
by the MAC and only with respect to the issues MACs are authorized to address.
3. The MAC may not, as a body, take positions on candidates for any public office
or take positions on any legislative matter.
4. On any business cards, letterhead, or printed material from the MAC, the MAC
should be identified as an advisory body to the Board of Supervisors, and the
contact information for the District Supervisor should be included.
12/10/2008 11 Contra Costa County
12. MAC Annual Reports,Including Work Plans
With respect to"Responsibilities related to Advisory Bodies,"Board Resolution
2002/377 states: "Each advisory body shall keep necessary records and submit an annual
report, in accordance with the report format and time schedule set forth in Section IV of
this resolution." Section IV of the resolution specifies that the report must contain
information on activities, accomplishments, membership attendance, required training,
and proposed work plan or objectives for the following year. Work Plans have not been
regularly submitted by the MACs; however, they are a good planning tool and would
help focus the MAC's time and attention.
Recommendations
1. Each MAC shall annually report to the Board of Supervisors, in writing, on its
prior year activities, accomplishments,membership attendance, and required
training, as well as its proposed work plan or objectives for the year, by the
second Tuesday of each February. Each MAC should be reminded of its annual
reporting responsibilities by administrative staff support.
2. MAC annual reports, including work plans, should be reviewed by the District
Supervisor who will recommend appropriate action by the Board of Supervisors.
3. Each MAC should consult with District staff when developing its annual work
plan.
4. Failure to submit the required annual report and work plan may result in
consideration of MAC dissolution.
13. MAC Boundaries
The current MAC boundaries do not necessarily reflect the"community of interest" for
every MAC. A few MACs are surrounded by a combination of established boundaries
(city or special district boundaries) or natural boundaries. However, others are partially
surrounded by cities but may include industrial or agricultural land outside the Urban
Limit Line. Others include lesser inhabited rural areas or government-owned areas (such
as an airport, special district lands, transitional military bases, etc.).
In addition, there does not seem to be a common or consistent rationale for the current
boundaries. There are unique characteristics of each area; however,the boundaries
should reflect the true "community of interest" for each MAC. Therefore, criteria should
be developed to redraw the MAC boundaries, as necessary, to achieve this objective.
12/10/2008 12 Contra Costa County
Recommendations
The area for which the MACs will serve and discharge their duties and powers is the
unincorporated area described on the attached maps which reflect the following criteria:
1. Use of Borders: The unincorporated community of interest may be bounded by
established borders such as county and city limit lines, special district boundaries
(including, but not limited to, park and water districts), census tracts, geographic
features such as highways or waterways, and/or the adopted Urban Limit Line.
Borders are followed to the extent practicable and to the extent that they reflect
the generally recognized "community of interest."
2. Population Density and Community Affiliation: Population density and
recognized population centers should be considered in determining boundaries
(where established borders do not exist). The unincorporated community of
interest should also include the neighborhoods or residential areas commonly or
traditionally affiliated with the name of the community. Uninhabited or sparsely
populated rural or agricultural areas should generally be excluded unless there
are known or anticipated matters of public health, safety, welfare,public works,
and/or planning.
3. Areas of svecial interest: When an unincorporated community of interest is
adjacent to industrial areas or facilities (e.g., refineries,power plants, gas fields),
these areas should be included if there are known or anticipated matters of public
health, safety, welfare,public works, and/or planning. When an unincorporated
community of interest is adjacent to government-owned lands (e.g., airports,
special district lands, transitional military bases, etc.), these areas should be
included only if there are known or anticipated matters of public health, safety,
welfare, public works, and/or planning.
14. Community Service District(CSD)Board Members as MAC Members
The MAC and the CSD are separate bodies and cannot be combined into a single public
entity'. However, the Board of Supervisors can create a MAC and specify that the
members of the MAC shall be those persons serving as Directors of the CSD. (This was
accomplished in April 2007 for the Diablo MAC.)
' At its March 12, 1997 meeting,the Contra Costa Local Agency Formation Commission(LAFCO)passed
Resolution 96-19 that addressed termination of the Discovery Bay Municipal Advisory Council and stated
that its advisory functions would be assumed by the Discovery Bay CSD Board of Directors. Subsequent
to that action,the Board of Supervisors passed Resolution 97-295 terminating the Discovery Bay Municipal
Advisory Council effective December 1,2008 and acknowledging that DBCSD would assume the
advisory functions previously performed by the MAC: "in order to create a smooth transition of`in-
progress'advisory functions to the newly created DBCSD,the Discovery Bay Municipal Advisory Council
shall be terminated on December 1, 1998,and its advisory responsibilities shall be assumed by the DBCSD
Board of Directors."
12/10/2008 13 Contra Costa County
Unless or until there is an amendment to the County's Better Government Ordinance with
respect to a MAC with the same membership composition as a CSD Board, such MACS
would operate as other County advisory bodies do, subject to the County's policies for
advisory bodies and to the Better Government Ordinance 2. The MAC could hold its
meetings on the same night and in the same location where the CSD Board of Directors
meets.
When the Board of Supervisors designates that a MAC shall have the same membership
composition as a CSD Board, the CSD Board can then submit an application to the Local
Agency Formation Commission (LAFCO) to activate its latent power to finance the
operation of a MAC. After receiving LAFCO's approval, the Board of Directors may, by
ordinance, order the exercise of that power. (Gov. Code §§ 61100 (ad); 61106).
Recommendations
1. The"Membership"provision of the MAC's establishing resolution would be
amended to specify that the Council would consist of five members who shall be
current elected members of the CSD, appointed by the Board of Supervisors, upon
nomination by the District Supervisor.
2. The"Tenn of Office"provision of the MAC's establishing resolution would be
amended to specify that a MAC member's tern shall be the same as his or her
term of office on the CSD Board of Directors. Also, vacancies would not be
filled through the Board of Supervisors appointment process. Rather, they would
be filled based upon the result of CSD elections.
3. The"Removal from Office"provision of the MAC's establishing resolution
would be deleted, as it would not be consistent with representation by elected
CSD Board members serving ex officio as members of the MAC.
4. The"Quorum and Vote Necessary for Action"provision of the MAC's
establishing resolution would be deleted, as it is more efficient for the MAC
members to operate pursuant to the quorum and vote requirements of the CSD.
5. The MAC's"Territorial Area," or boundaries, would be modified to be
coterminous with that of the CSD unless there are compelling reasons for separate
boundaries owing to the CSD's service requirements or the identification of the
MAC's"community of interest."
6. Notwithstanding the above amendments, the MAC would continue to operate as a
County advisory body, subject to the County's operating procedures and policies
Z The Ad Hoc MAC Committee has requested that the Internal Operations Committee of the Board
consider an amendment to the County's Better Government Ordinance with respect to the definition of
"policy body"under the BGO such that it would exclude any MAC whose members are the directors of a
CSD serving ex officio as members of a MAC.
12/10/2008 14 Contra Costa County
for MACS and other advisory bodies, including the County's Better Government
Ordinance.
12/10/2008 15 Contra Costa County
Community Name. S'AL Name, Chair
Municipal _ District Supv Name, District#
r.
Advisory .. �;1�r t' zd Name,Administrative Support
Street Address
Committee ;, City, CA zip
xxx-xxx-xxxx
The(Community Name)Municipal Advisory Committee serves as an advisory body to the
Contra Costa County Board of Supervisors and the County Planning Agency.
AGENDA
Day of week, Month date, Year
Start and end times
Meeting Location
Time is allotted under Public Comment for those persons who wish to speak for up to three minutes on
any item NOT on the agenda. Persons who wish to speak on matters on the agenda will be heard for up to
three minutes when the Chair calls for comments. After persons have spoken on an agendized item, the
hearing can be closed by the Chair and the matter is subject to discussion and action by the MAC.
Persons wishing to speak are requested to fill out a speaker card.
1. Call to Order/Roll Call/Pledge of Allegiance
2. Public Comment (3 Minutes/speaker)
3. Review Record of Actions of xx/xx/xxxx meeting
4. Approval of Agenda
5. Presentations
a.
b.
The(Community Name)Municipal Advisory Committee will provide reasonable accommodations for persons with disabilities
planning to attend the meeting who contact(Administrative Support Person)at least 72 hours before the meeting,
at(xxx)xxx-xxxx.
Materials distributed for the meeting are available for viewing at(address).
i
Community Name 4=��.. Name, Chair
Municipal ;:,',J, �• District Supv Name, District#
Advisory 7, �'••r '�^ {1 Name,Administrative Support
Street Address
Committee 's ,., Uy City, CA zip
- xxx-xxx-xxxx
The(Community Name)Municipal Advisory Committee serves as an advisory body to the
Contra Costa County Board of Supervisors and the County Planning Agency.
6. Agency Reports
a.
b.
7. Consent Items
All matters listed under Consent Items are considered by the MAC to be routine and will be enacted by
one motion. There will be no separate discussion of these items unless requested by a member of the
MAC or a member of the public prior to the time the MAC votes on the motion to adopt.
a.
b.
C.
d.
8. Items for Discussion and/or Action
a.
b.
c.
9. Committee Reports/Member Reports
10. Correspondence
11. Future Agenda Items
12. Adiourn to meeting: (time and date)
The(Community Name)Municipal Advisory Committee will provide reasonable accommodations for persons with disabilities
planning to attend the meeting who contact(Administrative Support Person)at least 72 hours before the meeting,
at(xxx)xxx-xxxx.
Materials distributed for the meeting are available for viewing at(address).
2
Name Chair
Community
Municipal _ District Supervisor Name,District#
n. Name,Administrative Support
Advisory �,)I Ind !� Street Address
r 6[a
Comm
ttee �y - *I :E° City, CA zip
-Xxx-
ST'�.CO
Respectfully submitted by:
The(Community Name)Municipal Advismy Committee serves as an advisory hodv to the
Contra Costa County Board of Supervisors and the County Planning Agency.
Record of Actions
(meeting start time)
Day of week, Month date, Year
(Names of MAC members) were present. (Names of MAC members) were absent.
Others'present:
1. Accept public comment on any issue not included on the agenda. No comments were received./
The following comments were received:
2. Review Record of Actions for (date). Motion to accept record by (name of MAC member).
Seconded by (name of MAC member). Motion carried (record vote with names of members voting
"yes," "no," or "abstaining").
3. Approval of Agenda. Motion to approve agenda by (name of MAC member). Seconded by (name of
MAC member). Motion carried (record vote with names of members voting "yes," "no," or
"abstaining").
4. Presentations. Presentations were made by:
5. Agency Reports. The MAC received the following reports:
This meeting record is provided pursuant to Better Government Ordinance 95-6,Article 25-2.205(d)of the Contra Costa
County Ordinance Code.
1
Community s E ..L o Name, Chair
���_ - -- �,
Municipal `',, District Supervisor Name, District#
AdvisoryName,Administrative Support
Street Address
Committeep6U City, CA zip
q -•_ �4y� )=-xxx-xxxx
d••. _
STA COU1?�
Respectfully submitted by:
The(Community Name)Municipal AaWsoiy Committee serves as an advisory bo(>,to the
Contra Costa County Board gfSupervisors and the County Planning Agency.
6. Consent Items. Motion to accept Consent Items by (name of MAC member). Seconded by (name of
MAC member). Motion carried (record vote with names of members voting "yes," "no," or
"abstaining").
7. Items for Discussion and/or Action. The MAC discussed the following items and took the following
actions:
8. Committee Reports/Member Reports. The MAC received the following reports:
9. Correspondence. The MAC received and discussed the following correspondence:
10. Future Agenda Items.
11. Adjourn to meeting scheduled for(Month date,year) at (start time) .
This meeting record is provided pursuant to Better Government Ordinance 95-6,Article 25-2.205(d)of the Contra Costa
County Ordinance Code.
2
Exhibit B
Proposed MAC Boundary Maps
And
Discovery Bay Community Services District
Referral Area Map
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Exhibit C
Special Notification Areas
r j
TO: BOARD OF SUPERVISORS ��-6E L "°� Contra
_ Costa
FROM: Ad Hoc MAC Committee
Supervisor Mary N. Piepho
Supervisor Federal D. Glover County
srq_cooK'�
DATE: December 16, 2008
SUBJECT: POLICIES AND BOUNDARIES FOR MUNICIPAL ADVISORY COUNCILS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION(S)
A. ADOPT the policy recommendations (refer to Exhibit A) made for the purpose of improving
consistency in the composition, powers, and operations among the County's Municipal
Advisory Councils (MACs), as recommended by the Ad Hoc MAC Committee.
B. ADOPT the boundaries for the eleven MACs as well as the Discovery Bay Community
Services District (CSD) Referral Area, as shown on Exhibit B, and direct that these
boundaries will be used in place of any prior map or boundary description.
C. DIRECT the Department of Conservation and Development, the Public Works Department
and the Airport Division to provide equivalent notification to the Discovery Bay Community
Services District for projects within the Byron Airport area and to the Knightsen MAC for
projects in the Old River Elementary School Site area as shown on Exhibit C.
CONTINUED ON ATTACHMENT: M YES SIGNATURE: (!54,-4cS �F I71 �'pv„►ry ¢e
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION BOARD COMMITTEE ❑
❑ APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ON ra M
APPROVED ASRECOMM EDNE D 0 OTHERD£�jrJ
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: �� l
DAVID TWA, CLE K OF THE BOARD OF
Contact: L. DeLaney, CAO(335-1097) SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Board of Supervisors
Clerk of the Board of Supervisors
Department of Conservation and Development y; Deputy
r r r
Page 2
D. DIRECT staff of the County Administrator's Office to review the Maddy Book, MAC
establishing resolutions, MAC Bylaws and other relevant resolutions to make
amendments consistent with all Board approved policies.
II. FISCAL IMPACT
Policy #9, MAC Funding, recommends_ a change to current Board policy which does not
provide funding for MAC operations. Policy #9 recommends that each district office be
allocated $3,000 per MAC for operational support. There are 11 MACs in.existence in
Contra Costa County and one Community Services District that performs advisory functions.
If the General Fund were to be utilized to fund the MACs, it would be a $33,000 impact.
Expenditures in other areas would need to be reduced to provide General Fund support.
Policy #9 suggests that non-General Fund revenues be identified for MAC support until the
budget situation allows for General Fund support.
III. BACKGROUND
On December 20, 2005, the Board of Supervisors directed Supervisors Piepho and Glover to
review and analyze the operations of all MACs in an effort to improve consistency among the
MACs. Currently, there is little consistency in such things as membership size and
composition, administrative staff support, activities conducted, boundary formation, and fiscal
resources. While some of these variances may reflect the inherent differences in the
communities served, it would be beneficial if there was consistency in the operating policies
and procedures of the MACs to ensure that they are effectively serving their advisory
purpose and, in that regard, are accurately representing the concerns and recommendations
of the community.
Since its formation, the Ad Hoc MAC Committee has made policy recommendations to
advance the objective of greater consistency that the Board of Supervisors adopted in June
and December, 2006. The Ad Hoc MAC Committee continued to meet throughout 2007 and
2008 to consider additional policies, procedures, and boundary changes and hosted two All-
MAC meetings to receive input. The first All-MAC meeting was on December 18, 2007; the
second was April 21, 2008. The Ad Hoc MAC Committee also received a substantial amount
of written correspondence from MACs about the proposed policies and/or boundary changes.
The attached policy recommendations are the result of the Committee's deliberations and
consideration of input. The County Administrator's Office is currently in development of a
handbook for MAC members that would contain these policies and procedures for easy
reference.
There is, as yet, one unresolved matter with respect to MACs whose membership
composition is the same as that of an elected board of a Community Services District (Policy
#14). The Ad Hoc MAC Committee has requested that the Internal Operations Committee of
the Board consider an amendment to the County's Better Government Ordinance (BGO) to
exempt a MAC from compliance with the BGO when the MAC members are also the elected
Board of Directors of a CSD. Under the current BGO, a MAC with the same membership
composition as a CSD Board would operate as a County advisory body, subject to the
Page 3
County's policies for advisory bodies and to the Better Government Ordinance (BGO). It
would hold its meetings on the same night and in the same location where the CSD Board of
Directors meets. However, requiring the MAC's compliance with the BGO may result in
confusion about applicable procedures. The BGO does not apply to CSD meetings, and
when functioning as the MAC, the elected CSD directors would have to follow different open
meeting procedures than they follow for CSD meetings.
MAC Boundaries:
The existing MAC boundaries were reviewed based on the proposed policies which have
been developed to ensure that the boundaries best reflect the community of interest. The
criteria for analysis includes the use of borders of established county and city limit lines,
special district boundaries (including but not limited to, community service district and water
district), census tracts, geographic features such as highways or waterways, the adopted
urban limit line, and areas of special interest (e.g. airports, refineries, special district lands).
The intent of the proposed policies is to set guidelines to provide consistent rationale to the
establishment of boundaries that reflect the community of interest for each MAC area.
These criteria were applied and presented in map form to the MACs at the April 21, 2008
meeting. The MACs were provided the opportunity to comment on the boundaries; those
comments were considered in the formation of the proposed MAC boundaries which are
included as Exhibit B.
The existing boundaries for five of the MAC areas are consistent with the proposed policies
and no changes are proposed. This includes the boundaries for the Contra Costa Centre,
Diablo, EI Sobrante, Kensington, and Pacheco MACs. It should be noted that the Pacheco
MAC offered to expand their boundary to the north of Highway 4 to include the Blum Road
and Pacheco Boulevard areas. This change would not be consistent with the proposed
boundary formation criteria, and would not accurately reflect the area of the Pacheco
community. In addition, the City of Martinez has proposed annexation of a portion of this
property to the north of Highway 4.
The MAC areas with notable amendments to the boundaries include Bay Point, Byron,
Discovery Bay, and Knightsen. The proposed boundary for Bay Point has been extended to
include the Willow Pass Business Park and to be co-terminus with the census designated
place line, and the Supervisorial District boundary. The boundary was also expanded south
to include a relatively small unincorporated area within the Urban Limit Line between the
Cities of Pittsburg and Concord.
The proposed boundary for Byron was reduced and includes Marsh Creek Road as the
northern boundary with the eastern boundary set at the 94514 and 94505 zip code boundary,
the southern boundary as the southern airport boundary, and the western boundary as
Vasco Road. The boundary along the western edge was expanded slightly to include
residents along Camino Diablo from Vasco Road to Walnut Boulevard. Although the Byron
Airport was included in the Byron MAC area, Recommendation C includes an additional
notification to the Discovery Bay CSD given the proximity of the site and the regional nature
of the facility.
I
Page 4
The proposed Discovery Bay CSD Referral Area reflects the original MAC boundary area
with the addition of the Sphere of Influence change at the northern boundary. It is
recognized that the boundary extends beyond the Discovery Bay CSD area, to include lands
that are within the Discovery Bay area of interest and within the Urban Limit Line.
The proposed Knightsen MAC boundary was reduced to be consistent with Knightsen Town
Community Services District boundary. It should be noted that Recommendation C provides
notification to the Knightsen MAC for proposals in the Old River Elementary School Site area
which is located in the Discovery Bay CSD Referral Area.
The final change was to set the MAC boundaries along the shorelines at a standard 500 feet.
This criteria was applied to the North Richmond, Rodeo, Bay Point, and Bethel Island MACs.
Exhibit A
MAC Policy Recommendations
' 1
gam.
Cys' y�r
MAC POLICY RECOMMENDATIONS
From the Ad Hoc MAC Committee
Supervisor Mary N. Piepho
Supervisor Federal D. Glover
Dec. 16, 2008
Table of Contents
Introduction........................................................................................................................ 3
MACMember Appointments.......................................................................................... 3
MACMember Termination.............................................................................................4
MACAlternate Positions ................................................................................................. 5
MACMembership Size.................................................................................................... 5
MACCommittees.............................................................................................................. 6
MAC Meeting Location,Frequency, and Length.......................................................... 7
MACTraining Requirements.......................................................................................... 8
Administrative Staff Support of MACs.......................................................................... 8
MACFunding..........:......................................................................................................... 9
MAC Operating Procedures--Creating Agendas, Posting Agendas, Records of
Action, and File Storage................................................................................................. 10
MAC External Communications and Representations............................................... 11
MAC Annual Reports,Including Work Plans............................................................. 12
MACBoundaries ............................................................................................................ 12
Community Service District Board Members as MAC Members.............................. 13
12/10/2008 2 Contra Costa County
Introduction
7be following policy recommendations are made for the .purpose of improving
consistency among the County's Municipal Advisory Councils (MACS). Currently, there
is little consistency in the membership composition, method of member selection, staff
support, activities conducted, methods of community outreach, and fiscal resources
among the MACS. While some of these variances may appropriately reflect the inherent
differences in the communities served, a policy framework for the operating rules and
procedures of the AIA Cs will ensure that the MACS are effectively serving their advisory
purpose and, in that regard, are accurately representing the concerns and
recommendations of the community.
Staff should be directed to review the Maddy Book, MAC establishing resolutions, MAC
Bylaws and other relevant resolutions to make amendments consistent with all Board
approved policies.
1. MAC Member Appointments
Resolution 2002/377 ("Board Advisory Body Procedures") states: "Except for
committees comprising County staff members, all advisory body members that are
appointed by the Board shall have specific terms of appointment as prescribed by statute
or as fixed by the Board. Unless otherwise specified, appointees shall serve four-year
terms."
MAC members are appointed by the Board of Supervisors, upon nomination by the
District Supervisor. Often, after the expiration of a member term, the member continues
to serve in the seat until re-appointment or dismissal. Although the continuation of
service may seem efficient from the perspective of having a seat filled, it can create the
impression that re-appointment is an automatic process.
Recommendations
1. There should be no automatic re-appointment of MAC members.
2. At the expiration of the term, the MAC member appointment should be
terminated, and the MAC member should not hold over.
3. The District Supervisor may choose whether to re-nominate an incumbent
member or nominate a new member. Any re-nomination or nomination must be
approved by the Board of Supervisors.
4. Effective January 2009, MAC member terms shall be coterminous to the term of
office of the District Supervisor nominating the member. Appointments should
be made within 60 days of the beginning of the District Supervisor's term.
12/10/2008 3 Contra Costa County
5. In the case of newly-elected Supervisors, MAC members can cant'over their
positions for a period not to exceed 90 days, to allow time for a Supervisor to
recruit and make position selections and nominations to the Board of Supervisors.
2. MAC Member Termination
Each appointed member of the MAC serves at the pleasure of the Board of Supervisors
and may be removed, at will, by a majority vote of the Board. The rescission of an
appointment by the Board is rare. However, policies should be in place in the event that
a MAC member acts inappropriately toward other MAC members, staff, or the public;
acts outside the authority of the MAC; or has persistent problems with attendance.
Recommendations
1. MAC members may be removed from their appointments at will upon
recommendation by the District Supervisor to the Board of Supervisors.
2. MAC members should express concerns about any inappropriate behavior by a
member to the District Supervisor.
3. If an issue arises, a District Supervisor may meet with or send a letter to the MAC
member, advising the member of the concern and indicating that a failure to
correct the inappropriate behavior may lead to removal.
4. The MAC member should receive written notice of a recommendation for
removal, of the date and time of the meeting at which the Board will consider the
matter, and of the opportunity for public comment to the Board before action on
the matter.
5. If a MAC member or alternate has been absent from two consecutive meetings,
the secretary or administrative support staff should advise the member or alternate
that absence from three consecutive regular meetings of the MAC may result in a
recommendation of termination to the Board of Supervisors.
6. Where it appears that there will be sufficient members to hold a meeting but at the
actual time of the meeting a quorum cannot be reached and the meeting is
canceled, those members or alternates who are absent will have an absence
counted against them.
12/10/2008 4 Contra Costa County
3. MAC Alternate Positions
Alternate positions have been established for 7 of the existing MACS. Alternates can
serve a useful purpose by assisting with the achievement of a quorum. However, a policy
of automatic appointment of the alternate in the event of a vacancy may discourage other
interested individuals from applying for appointment. Moreover, appointments should
not be made automatically, in respect of District Supervisor responsibility for member
nominations.
Recommendations
1. Alternate positions do not automatically assume a member position when a
vacancy arises. Alternates, however, may be nominated to fill a member vacancy
to the Board of Supervisors by the District Supervisor.
2. The establishment of an alternate position(or positions) in the case of a 5 member
MAC is at the discretion of the District Supervisor. However, a MAC should not
exceed 7 members in total.
4. MAC Membership Size
The size and composition of the MACs in Contra Costa County vary widely. MACs are
currently comprised of either 5 or 7 members with one, two, or no alternates. The
population of the unincorporated communities range from 861 to 21,534 with no
correlation between the size of the MAC and the size of the community. In general, the
larger the membership size, the greater the cost and administrative support required by
District staff to serve the members. Furthermore, recruiting members to serve is
sometimes a challenge for the MACs, which creates problems for achieving a quorum,
particularly for the 7 member MACs.
The current size of the MACS and the 2000 Census population estimates for their
respective communities are as follows:
MAC District Current Size Population
Bay Point V 7 21,534
Bethel Island V 5 & 1 alternate 2,312
Byron III 7 & 1 alternate 916
Contra Costa Centre IV 7 5,133
Diablo* III 5 988
El Sobrante I 7 & 2 alternates 12,260
Kensington I 5 & 2 alternates 4,936
Kni htsen III 5 & 2 alternates 861
The members of this MAC are Community Service District(CSD)board members.
12/10/2008 5 Contra Costa County
North Richmond I 7 4,076
Pacheco IV 7 & 1 alternate 3,562
Rodeo II 7 & 1 alternate 8,717
Recommendations
To better align the size of the MAC with the size of the community, to provide greater
consistency among the MACS, and to equalize administrative support requirements, the
size of the MAC should be 5 members for small communities and 7 members for large
communities.
1. MACS that represent unincorporated communities whose population is less than
4,000 should have a membership of no more than 5 members.
2. The term of current members should not be renewed and appointments should not
be made for vacant seats, as necessary, to achieve the recommended MAC size.
MAC District Current Size Proposed Size
Bay Point V 7 7
Bethel Island V 5 & 1 alternate 5
Byron III 7 & 1 alternate 5
Contra Costa Centre IV 7 7
Diablo III 5 5
El Sobrante I 7 & 2 alternates 7
Kensington I 5 & 2 alternates 5 &2 alts.*
Knightsen III 5 & 2 alternates 5
North Richmond I 7 7
Pacheco IV 5 & 1 alternate 5 & 1 alt.*
Rodeo II 7 & 1 alternate 7
*As recommended by the District Supervisor.
5. MAC Committees
Some MACs have established committees (or subcommittees) to address particular
subject areas considered by the MAC. However, contrary to requirements, the
committees do not always operate in accordance with MAC operating procedures,the
Brown Act, and the County's Better Government Ordinance. Unless these policies and
procedures are followed, the MAC, the public and the Board of Supervisors may not be
well served by the committees.
12/10/2008 6 Contra Costa County
Recommendations
1. MACS may establish a single-purpose committees(or subcommittee) when
needed. The committee(or subcommittee) shall be composed solely of less than a
quorum of the MAC and chaired by one of its members. Members of the public
who are not MAC members may not serve on a committee or subcommittee.
2. A specific charge or outline of responsibilities shall be established for the
committee (or subcommittee) by the MAC in its Board-approved annual work
plan. A target date shall be established for report back to the MAC. The
maximum life of the committee(or subcommitee) shall be one year, with annual
review, and possible extension by the MAC.
3. The committee (or subcommittee) shall operate in accordance with MAC
operating procedures, the Brown Act, and the County's Better Government
Ordinance.
4. Meeting agendas for committees (or subcommittees) shall be posted and records
of action should be maintained and posted as well.
6. MAC Meeting Frequency,Location, Length,Operations
Current policy in the MAC establishing resolutions indicates that MACS "shall hold
regular meetings at least monthly at an established time and place." (Italics added.)
Many MACs meet twice a month, with additional committee meetings. The frequency
and length of meetings increase the cost and requirements of administrative support for
the MACs. However, MACs should meet as needed to ensure timely and effective input
on land use matters.
Recommendations
1. MACs shall establish a standard meeting schedule for the year as part of its Board
of Supervisors-approved annual work plan, making changes in consultation with
the District Supervisor's office.
2. MAC meetings should be held at a time and place convenient and accessible to
MAC members, the community, and administrative support staff.
3. Generally, MAC meetings should not exceed three (3)hours in length.
4. MACs shall fully comply with the Board of Supervisors' policy concerning
conflict of interest and open meetings (Resolution No. 2002/376).
12/10/2008 7 Contra Costa County
S. The MACS shall agendize and respond to items that are referred to them in a
timely manner(i.e., within 30 days of referral) such that their review does not
delay the County consideration of the matter.
6. Time limits may be imposed in the course of the meeting by the Chair. In general,
speakers should be prepared to make their points known within three minutes.
7. The MAC Chair should remind the public at the start of each meeting that the
MAC is an advisory body to the Board of Supervisors.
7. MAC Training Requirements
The staffs of the County Administrator's Office (CAO), Auditor-Controller and County
Counsel annually train advisory body and MAC members on operating procedures, fiscal
procedures, the Brown Act, the County's Better Government Ordinance, and County
government in general. Training provides MAC members with resources and knowledge
to operate efficiently and effectively.
Recommendations
1. MAC members must attend a training offered by the CAO staff at least once
during the first two years of his/her term, preferably in the first year, and must
view the video training"The Brown Act and Better Government Act—What You
Need to Know"before attendance of their first meeting.
2. MAC members are encouraged to attend the annual advisory body training and
should receive an orientation on MAC member duties and responsibilities by
District and/or CAO staff before their first meeting. CAO staff will develop and
distribute a MAC Handbook to members, as well as a guide to the Brown Act.
3. Within three months of appointment, each MAC member shall complete the
prescribed training on compliance with conflict of interest and open meeting laws
and shall certify that he or she has completed such training. Training certificates
should be maintained by the District administrative support staff.
4. MAC chairs and/or treasurers must receive fiscal training offered by the Auditor-
Controller's Office and CAO staff before assuming their position.
8. Administrative Staff Support of MACS
Currently, administrative support resources vary widely among MACs. Some MACS
handle their own administrative matters; others are supported by District staff or a
contractor. To ensure effectiveness, all MACS need some level of administrative support
services provided by either District staff or through an independent contractor.
12/10/2008 8 Contra Costa County
Recommendations
I. Each District Supervisor should determine if their MACS will receive
administrative support services from District staff or an independent contractor
retained by the District.
2. In all cases, District staff should be responsible for fiscal oversight of the MACs.
3. Administrative support services to the MACS could include some or all of the
following:
a) MAC agenda preparation, posting, and distribution.
b) Attendance at MAC meetings and arranging for County staff attendance, as
needed.
c) Preparing responses to inquiries made during public comment.
d) Preparing responses of requests from MAC members.
e) Records of action posting and distribution.
f) Filing and maintaining training certifications.
g) Fiscal oversight of the MAC budget and establishment of Petty Cash fund.
9. MAC Funding
The current MAC establishing resolutions state that no funding will be provided by the
Board for MAC operations: "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."
The few MACs that have budgets are funded with special revenues or donations.
Funding MACs would be a change in County policy. However, financial support would
provide a baseline budget for such things as postage, post office box fees, telephone
charges, printing and postage costs, and clerical support. Non-General Fund support for
MAC operations should be identified until the County budget situation allows for General
Fund support.
Recommendations
I. Each District Office should be provided $3,000 annually per MAC for support of
MAC operations.
2. Funding will be restricted to the following uses: clerical support, telephone '
expenses, post office box expenses,postage, print and mailing services, and
community meeting expenses. Funding may not be expended on other items not
directly related to the functions and activities specified in the Board-approved
annual work plan.
12/10/2008 9 Contra Costa County
3. MACs are encouraged to seek and apply for funding from other non-County
sources to supplement their budget.
10. MAC Operating Procedures--Creating Agendas, Posting Agendas,Records of
Action,and File Storage
Not every MAC consistently operates in adherence with a set of operating rules, the
Brown Act, the County's Better Government Ordinance,the Board of Supervisors' policy
concerning conflict of interest and open meetings (Resolution No. 2002/376), and the
Board's policy governing appointments to boards, committees, and commissions
(Resolution 2002/377). Without adherence to policies and rules,public participation and
the provision of public information is hampered. In addition, the District Supervisor and
Board of Supervisors may not be well served by a lack of timely and accurate
information.
Recommendations
1. The agenda for a MAC meeting should be created by the MAC Chair in
consultation with the administrative support staff. The County Administrator's
Office will provide an agenda template. (See Attachment A.)
2. The agenda for a MAC meeting shall be posted in accordance with the Brown Act
and the County's Better Government Ordinance.
3. District staff is encouraged to post the agenda and record of actions on the District
webpage.
4. Materials distributed for the meeting must be available for viewing at a specified
location that is a public place, accessible during normal business hours, at least 96
hours before a scheduled meeting. In addition, a sufficient number of copies of
meeting materials (a minimum of 10) should be available at the meeting for MAC
members and the public.
5. The MAC should keep a record of its actions in a form prescribed by the County's
Better Government Ordinance: "Each County body must keep a record of its
meeting. Though the record need not be verbatim, i.e., a tape-recording, it must
accurately reflect the agenda and the decisions made in the meeting." (Ord. § 25-
2.205).
6. The Record of Actions should be approved by the MAC and submitted to the
District Supervisor office no later than one month after their approval. The
County Administrator's Office will provide a template for Records of Actions.
(See Attachment B.)
12/10/2008 10 Contra Costa County
7. Storage space for MAC files should be provided at District Supervisor offices
where feasible. For transition purposes, District Supervisors should have access
to at least two years of records. If there is insufficient space in the District
offices, the County Administrator's Office can assist with the provision of storage
space at a centralized location.
11. MAC External Communications and Representations
MACS advise the Board of Supervisors on land use and planning matters affecting their
communities of interest and may represent their communities before the Board of
Supervisors, the Planning Commission and the Zoning Administrator on such issues as
land use, planning, and zoning. MACs may also represent the community before the
Local Agency Formation Commission on proposed boundary changes affecting the
community.
MACS may advise the Board of Supervisors on services which are or may be provided to
the community by Contra Costa County or other local government agencies. Such
services include, but are not limited to, public health, safety, welfare, public works, and
planning. MACs may also provide input and reports to the Board, County staff or any
County hearing body on issues of concern to the community.
However, it is understood that the Board of Supervisors is the final decision making
authority with respect to issues concerning the community and that the Council shall
serve solely in an advisory capacity.
Recommendations
1. Except as specified, the MAC and its individual members acting on behalf of the
MAC, may not represent the community to any federal, state, other county, city,
special district or school district, agency or commission, or any other organization
on any matter concerning the community.
2. Individual MAC members cannot represent the MAC's positions unless such
representation has been expressly authorized by a vote of the MAC. When an
individual member is authorized to represent the MAC's position to the Board of
Supervisors, Planning Commission, Zoning Administrator, or LAFCO, that
member should speak only to those topics which have been expressly authorized
by the MAC and only with respect to the issues MACs are authorized to address.
3. The MAC may not, as a body, take positions on candidates for any public office
or take positions on any legislative matter.
4. On any business cards, letterhead, or printed material from the MAC, the MAC
should be identified as an advisory body to the Board of Supervisors, and the
contact information for the District Supervisor should be included.
12/10/2008 11 Contra Costa County
12. MAC Annual Reports,Including Work Plans
With respect to"Responsibilities related to Advisory Bodies,"Board Resolution
2002/377 states: "Each advisory body shall keep necessary records and submit an annual
report, in accordance with the report format and time schedule set forth in Section IV of
this resolution." Section IV of the resolution specifies that the report must contain
information on activities, accomplishments, membership attendance, required training,
and proposed work plan or objectives for the following year. Work Plans have not been
regularly submitted by the MACS; however, they are a good planning tool and would
help focus the MAC's time and attention.
Recommendations
1. Each MAC shall annually report to the Board of Supervisors, in writing, on its
prior year activities, accomplishments, membership attendance, and required
training, as well as its proposed work plan or objectives for the year, by the
second Tuesday of each February. Each MAC should be reminded of its annual
reporting responsibilities by administrative staff support.
2. MAC annual reports, including work plans, should be reviewed by the District
Supervisor who will recommend appropriate action by the Board of Supervisors.
3. Each MAC should consult with District staff when developing its annual work
plan.
4. Failure to submit the required annual report and work plan may result in
consideration of MAC dissolution.
13. MAC Boundaries
The current MAC boundaries do not necessarily reflect the"community of interest" for
every MAC. A few MACs are surrounded by a combination of established boundaries
(city or special district boundaries) or natural boundaries. However, others are partially
surrounded by cities but may include industrial or agricultural land outside the Urban
Limit Line. Others include lesser inhabited rural areas or government-owned areas (such
as an airport, special district lands, transitional military bases, etc.).
In addition, there does not seem to be a common or consistent rationale for the current
boundaries. There are unique characteristics of each area; however, the boundaries
should reflect the true "community of interest" for each MAC. Therefore, criteria should
be developed to redraw the MAC boundaries, as necessary, to achieve this objective.
12/10/2008 12 Contra Costa County
Recommendations
The area for which the MACs will serve and discharge their duties and powers is the
unincorporated area described on the attached maps which reflect the following criteria:
1. Use of Borders: The unincorporated community of interest may be bounded by
established borders such as county and city limit lines, special district boundaries
(including,but not limited to, park and water districts), census tracts, geographic
features such as highways or waterways, and/or the adopted Urban Limit Line.
Borders are followed to the extent practicable and to the extent that they reflect
the generally recognized "community of interest."
2. Population Density and Community Affiliation: Population density and
recognized population centers should be considered in determining boundaries
(where established borders do not exist). The unincorporated community of
interest should also include the neighborhoods or residential areas commonly or
traditionally affiliated with the name of the community. Uninhabited or sparsely
populated rural or agricultural areas should generally be excluded unless there
are known or anticipated matters ofpublic health, safety, welfare,public works,
and/or planning.
3. Areas of special interest: When an'unincorporated community of interest is
adjacent to industrial areas or facilities (e.g., refineries,power plants, gas fields),
these areas should be included if there are known or anticipated matters of public
health, safety, welfare,public works, and/or planning. When an unincorporated
community of interest is adjacent to government-owned lands (e.g., airports,
special district lands, transitional military bases, etc.),these areas should be
included only if there are known or anticipated matters of public health, safety,
welfare,public works, and/or planning.
14. Community Service District(CSD) Board Members as MAC Members
The MAC and the CSD are separate bodies and cannot be combined into a single public
entity I. However, the Board of Supervisors can create a MAC and specify that the
members of the MAC shall be those persons serving as Directors of the CSD. (This was
accomplished in April 2007 for the Diablo MAC.)
1 At its March 12, 1997 meeting,the Contra Costa Local Agency Formation Commission(LAFCO)passed
Resolution 96-19 that addressed termination of the Discovery Bay Municipal Advisory Council and stated
that its advisory functions would be assumed by the Discovery Bay CSD Board of Directors. Subsequent
to that action,the Board of Supervisors passed Resolution 97-295 terminating the Discovery Bay Municipal
Advisory Council effective December 1,2008 and acknowledging that DBCSD would assume the
advisory functions previously performed by the MAC: "In order to create a smooth transition of`in-
progress'advisory functions to the newly created DBCSD,the Discovery Bay Municipal Advisory Council
shall be terminated on December 1, 1998,and its advisory responsibilities shall be assumed by the DBCSD
Board of Directors."
12/10/2008 13 Contra Costa County
i
Unless or until there is an amendment to the County's Better Government Ordinance with
respect to a MAC with the same membership composition as a CSD Board, such MACs
would operate as other County advisory bodies do, subject to the County's policies for
advisory bodies and to the Better Government Ordinance 2. The MAC could hold its
meetings on the same night and in the same location where the CSD Board of Directors
meets.
When the Board of Supervisors designates that a MAC shall have the same membership
composition as a CSD Board, the CSD Board can then submit an application to the Local
Agency Formation Commission (LAFCO) to activate its latent power to finance the
operation of a MAC. After receiving LAFCO's approval, the Board of Directors may,by
ordinance, order the exercise of that power. (Gov. Code §§ 61100(ad); 61106).
Recommendations
1. The"Membership"provision of the MAC's establishing resolution would be
amended to specify that the Council would consist of five members who shall be
current elected members of the CSD, appointed by the Board of Supervisors, upon
nomination by the District Supervisor.
2. The"Term of Office"provision of the MAC's establishing resolution would be
amended to specify that a MAC member's term shall be the same as his or her
term of office on the CSD Board of Directors. Also, vacancies would not be
filled through the Board of Supervisors appointment process. Rather, they would
be filled based upon the result of CSD elections.
3. The"Removal from Office"provision of the MAC's establishing resolution
would be deleted, as it would not be consistent with representation by elected
CSD Board members serving ex officio as members of the MAC.
4. The"Quorum and Vote Necessary for Action"provision of the MAC's
establishing resolution would be deleted, as it is more efficient for the MAC
members to operate pursuant to the quorum and vote requirements of the CSD.
5. The MAC's"Territorial Area,"or boundaries, would be modified to be
coterminous with that of the CSD unless there are compelling reasons for separate
boundaries owing to the CSD's service requirements or the identification of the
MAC's"community of interest."
6. Notwithstanding the above amendments, the MAC would continue to operate as a
County advisory body, subject to the County's operating procedures and policies
2 The Ad Hoc MAC Committee has requested that the Internal Operations Committee of the Board
consider an amendment to the County's Better Government Ordinance with respect to the definition of
"policy body"under the BGO such that it would exclude any MAC whose members are the directors of a
CSD serving ex officio as members of a MAC.
12/10/2008 14 Contra Costa County
for MACs and other advisory bodies, including the County's Better Government
Ordinance.
12/10/2008 15 Contra Costa County
Community Name Name, Chair
Municipal _ District Supv Name, District#
Advisory Name,Administrative Support
s, Street Address
Committee <%,:. rSy City, CA zip
6.-- ---
---- .
XXX-XXX-XXXX
The(Community Name)Municipal Advisory Committee serves as an advisory body to the
Contra Costa County Board of Supervisors and the County Planning Agency.
AGENDA
Day of week, Month date, Year
Start and end times
Meeting Location
Time is allotted under Public Comment for those persons who wish to speak for up to three minutes on
any item NOT on the agenda. Persons who wish to speak on matters on the agenda will be heard for up to
three minutes when the Chair calls for comments. After persons have spoken on an agendized item, the
hearing can be closed by the Chair and the matter is subject to discussion and action by the MAC.
Persons wishing to speak are requested to fill out a speaker card.
1. Call to Order/Roll Call/Pledge of Allegiance
2. Public Comment (3 Minutes/speaker)
3. Review Record of Actions of xx/xx/xxxx meeting
4. Approval of Agenda
5. Presentations
a.
b.
The(Community Name)Municipal Advisory Committee will provide reasonable accommodations for persons with disabilities
planning to attend the meeting who contact(Administrative Support Person)at least 72 hours before the meeting,
at(xxx)xxx-xxxx.
Materials distributed for the meeting are available for viewing at(address).
1
Community Name Name, Chair
Municipal : '1r District Supv Name,District#
;.
Advisory
Name,Administrative Support
'; y� Street Address
Committee t�,:._ cF� City, CA zip
- xxx-xxx-xxxx
The(Community Name)Municipal Advisory Committee serves as an advisory body to the
Contra Costa County Board of Supervisors and the County Planning Agency.
6. Agency Reports
a.
b.
7. Consent Items
All matters listed under Consent Items are considered by the MAC to be routine and will be enacted by
one motion. There will be no separate discussion of these items unless requested by a member of the
MAC or a member of the public prior to the time the MAC votes on the motion to adopt.
a.
b.
C.
d.
8. Items for Discussion and/or Action
a.
b.
c.
9. Committee Reports/Member Reports
10. Correspondence
11. Future Agenda Items
12. Adiourn to meeting: (time and date)
The(Community Name)Municipal Advisory Committee will provide reasonable accommodations for persons with disabilities
planning to attend the meeting who contact(Administrative Support Person)at least 72 hours before the meeting,
at(xxx)xxx-xxxx.
Materials distributed for the meeting are available for viewing at(address).
2
Community s E t Name, Chair
�------� ,�
Municipal •,- District Supervisor Name,District#
Advilson. Name,Administrative Support
o: ,„,,n : -s
Street Address
Committee Py. City, CA zip
-.Gqy� xxx-zxx-xxxx
`rrA COUTi'�
Respectfully submitted by:
The(Communit-Name)Municipal Advisory Committee serves as an advisory bock-to the
Contra Costa County Board gfSupervisors and the County Planning Agency.
Record of Actions
(meeting start time)
Day of week, Month date, Year
(Names of MAC members) were present. (Names of MAC members) were absent.
Others present:
1. Accept public comment on any issue not included on the agenda. No comments were received./
The following comments were received:
2. Review Record of Actions for (date). Motion to accept record by (name of MAC member).
Seconded by (name of MAC member). Motion carried (record vote with names of members voting
"yes," "no,"or"abstaining").
3. Approval of Agenda. Motion to approve agenda by (name of MAC member). Seconded by (name of
MAC member). Motion carried (record vote with names of members voting "yes," "no," or
"abstaining").
4. Presentations. Presentations were made by:
5. Agency Reports. The MAC received the following reports:
This meeting record is provided pursuant to Better Government Ordinance 95-6,Article 25-2.205(d)of the Contra Costa
County Ordinance Code.
l
• Name, Chair
Community
Municipal . �f' � -�: _='.� District Supervisor Name, District#
Advisory -� Name,Administrative Support
n
.�,� Street Address
Committee : -" ko City, CA zip
G4y� xxx-xxx-xxxx
ST'4 COU
Respectfully submitted by:
The(Community Name)Municipal Advisoq Committee serves as an advisory body to the
Contra Costa Counry Board of Supervisors and the County planning Agency.
6. Consent Items. Motion to accept Consent Items by (name of MAC member). Seconded by (name of
MAC member). Motion carried (record vote with names of members voting "yes," "no," or
"abstaining").
7. Items for Discussion and/or Action. The MAC discussed the following items and took the following
actions:
8. Committee Reports/Member Reports. The MAC received the following reports:
9. Correspondence. The MAC received and discussed the following correspondence:
10. Future Agenda Items.
11. Adjourn to meeting scheduled for (Month date,year) at(start time) .
This meeting record is provided pursuant to Better Government Ordinance 95-6,Article 25-2.205(d)of the Contra Costa
County Ordinance Code.
2
Exhibit B
Proposed MAC Boundary Maps
And
Discovery Bay Community Services District
Referral Area Map
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Exhibit C
Special Notification
Areas .
Exhibit C
Special Notification Areas