HomeMy WebLinkAboutMINUTES - 11042008 - C.47 TO: BOARD OF SUPERVISORS �£� � -`°�`' Contra
FROM: Ad Hoc MAC Committee = -
Costa
Supervisor Mary N. Piephoo
Supervisor Federal D. Glover oo,t- '+ "v` County
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DATE: November 4, 2008
SUBJECT: REFERRAL TO INTERNAL OPERATIONS COMMITTEE: AN AMENDMENT TO
THE BETTER GOVERNMENT ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS)
REFER to the Internal Operations Committee of the Board of Supervisors the matter of an
amendment to the County's Better Government Ordinance to exempt independent Community
Service Districts from compliance with the Ordinance when the Directors also serve as the Board-
appointed members of a Municipal Advisory Council.
FISCAL IMPACT
No fiscal impact from this action on the County.
CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE ❑
❑ APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ONDU(i'� wS
10 APPROVED AS RECOMMENDED ❑ OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
�y( 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: Nov. 4, 2008
Contact: L. DeLaney, CAO's 5-1097 DAVID TWA, CLERK OF THE BOARD OF
cc: SUPERVISORS AND COUNTY ADMINISTRATOR
By:W(/L(/1�1Q/01/jj� Deputy
Page 2
BACKGROUND
Effective January 1, 2006, the Community Services District (CSD) law expressly
contemplates that members of a CSD board of directors may serve on a municipal advisory
council and that the offices of Director and Council member are not incompatible. (Gov.
Code § 61040 (d).) Therefore, if the Board of Supervisors and the Board of the CSD desire
that the members of a MAC be the elected members of a CSD, this can be accomplished
by amending the resolution establishing the MAC.
The Board of Supervisors does not have the authority to merge a MAC and a CSD, an
entity separate and independent from the County, into a single public entity. The MAC and
the CSD must remain separate bodies. However, the Board of Supervisors can 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.
Under the current Ordinance, a MAC with the same membership composition as a CSD
Board would operate as a County advisory body, subject to the 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, given that the CSD is an independent district from the County, subjecting the CSD
to the requirements of the BGO may impose undue requirements on the CSD.
The Ad Hoc MAC Committee requests that the Internal Operations Committee consider an
amendment to the BGO for those CSD/MAC hybrids so that the County's requirements are
not imposed on an independent and separately elected Board of Directors.
CHILDREN'S IMPACT STATEMENT
CONSEQUENCE OF NEGATIVE ACTION