HomeMy WebLinkAboutRESOLUTIONS - 12192006 - 06-792 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 19, 2006 by the following vote:
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Resolution No. 2006/792
SUBJECT: In the matter of amending the method of selection, powers, and authority of the
El Sobrante Municipal Advisory Council
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WHEREAS, Pursuant to Resolution No. 95/94, the El Sobrante Municipal Advisory Council was
created to advise the Board of Supervisors on specified matters relating to the community of El
Sobrante: and
WHEREAS, the Board of Supervisors in Resolution 2006/395 did amend the method of selection of
members of the Municipal Advisory Councils (MACS) to determine that members shall be selected
and appointed by the Board of Supervisors;
WHEREAS, the Board of Supervisors on June 27, 2006 directed the County Administrator to prepare
new resolutions for each MAC, amending the MAC membership selection and powers of authority to
reflect changes approved in Resolution 2006/395;
WHEREAS, for ease of administration, it is preferable to have a single resolution governing the
establishment and operation of the MAC;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, in its capacity as
governing Board of the County of Contra Costa, that:
1. Establishment of El Sobrante Municipal Advisory Council
Pursuant to the authority granted by Section 3 10 10 of the California Government Code,
the El Sobrante Municipal Advisory Council ("Council") is established.
2. Territorial Area
The area for which the Council will serve and discharge the following duties and powers is
the unincorporated area located generally between the cities of.Richmond, San Pablo, and
Pinole, as more particularly described on the attached map marked as Exhibit A, dated
December 19, 2006 (hereafter referred to as "unincorporated El Sobrante").
3. Membership
The Council shall consist of seven (7) members and two (2) alternates, who shall be
residents of unincorporated El Sobrante and who shall be selected and appointed by the
Board of Supervisors, upon nomination by the District I Supervisor.
Alternates for members of the Council shall be designated as Alternate #1 and Alternate
#2. In order of their appointment, alternate members may participate as voting members at
regular Council meetings to replace any absent members. When a vacancy occurs on the
Council, the Board of Supervisors may appoint one of the Alternates to the vacant seat or
may appoint any other eligible resident to the vacant seat. Alternates filling vacancies
shall serve for the remainder of the unexpired term(s).
4. Formation of Subcommittees
Per Resolution 2006/473, adopted August 1, 2006, the Council may establish
subcommittees to work on issues under the jurisdiction of the Council. Such
subcommittees shall consist of no more than seven (7) members and may include up to
three (3) members of the Council and individuals who are not members of the Council but
who reside in unincorporated El Sobrante ("Residents"). The Council may nominate
Residents to serve as subcommittee members. Residents shall be appointed to
subcommittees by and serve at the pleasure of the District I Supervisor.
5. Term of Office
The Council members shall serve staggered four(4) year terms. The Board of Supervisors
shall till vacancies on the Council by appointment.
6. Removal from Office
Each appointed member(including Alternate members) of the Council serves at the
pleasure of the Board of Supervisors and may be removed, at will, by a majority vote of
the Board of Supervisors.
7. Council Duties and Powers
The Council shall advise the Board on:
a. Services which are or may be provided to unincorporated El Sobrante by the County or
other local governmental agencies. Such services include, but are not limited to,
public health, safety, welfare, public works and planning.
b. The feasibility of organizing the existing special districts serving unincorporated El
Sobrante in order to more efficiently provide public services such as, but not limited
to, water, sewer, fire and parks and recreation.
The Council may:
a. Represent unincorporated El Sobrante before the Local Agency Formation
Commission on proposed boundary changes affecting the community.
b. Represent unincorporated EI Sobrante before the County Planning Commission(s) and
the Zoning Administrator on land use and other planning matters affecting the
community. In this regard, the Council shall cooperate with other planning advisory
bodies in unincorporated EI Sobrante in order to avoid duplication and delay in the
planning process.
c. Provide input and reports to the Board, County staff or any County hearing body on
issues of concern to unincorporated El Sobrante.
It is understood that the Board of Supervisors is the final decision making authority with
respect to issues concerning unincorporated El Sobrante and that the Council shall serve
solely in an advisory capacity. Except as specified above, the Council may not represent
unincorporated El Sobrante to any state, county, city, special district or school district,
agency or commission, or any other organization on any matter concerning the community.
In addition, the Council may not, as a body, take positions on candidates for any public
office.
8. Quorum and Vote Necessary for Action
A quorum shall be a majority of the total number of authorized positions on the Council,
not a majority of the total number of filled positions. The Council may only take action by
a majority vote of the total number of authorized positions, not by a majority vote of the
quorum. (With 7 authorized positions, a quorum is 4 members; 4 affirmative votes are
necessary for action.)
9. Compensation
The Council members shall serve without compensation of any kind and the Board shall
not provide funds for the payment of Council meeting stipends or reimbursement of
Council members' expenses.
10. Staff and Financial Support
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.
11. Council Funds
Any finds transferred to or received by the County for the Council shall be accepted
pursuant to Resolution No. 2005/628 and only used for the benefit of the Council and its
area.
12. Council Establishment Not Subject to Vote
The issue of establishment of the Council shall not be an election item submitted to the
voters of unincorporated El Sobrante.
13. Council Operation and Procedural Rules
Within the parameters of this Resolution, the Council may organize itself and operate as it
determines but shall hold regular meetings at least monthly at an established time and
place. The Council may develop bylaws for the operation of the Council, but such bylaws
must be approved by the Board of Supervisors to be effective. The Council meetings shall
be conducted in accordance with the provisions of the "Brown Act" (Government Code
sections 54950 ff.) including the pre-meeting posting of meeting calendar notices, and the
"Better Government Ordinance" (County Ordinance Code, Division 25). In addition, the
Council shall fully comply with the Board of Supervisors' policy concerning conflict of
interest and open meetings (Resolution No. 2002/376), the Board's policy governing
appointments to boards, committees, and commissions (Resolution No. 2002/277), and the
Political Reform Act (Government Code sections 81000 ff.) as applicable.
14. Dissolution of Council
The provisions of this resolution shall be of no further force and effect after December 31,
2011, and the Council will be dissolved on that date unless the Board of Supervisors has
taken action to extend the Council's existence.
15. This Resolution supersedes and replaces Resolution Nos. 95/94, 96/58 and 2006/473.
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
the date shown
ATTESTL-:D: December 19.2006
John Cullen,Clerk ol'the Board of Supervisors
and Countytrator
I Deputy
cc: Supervisor Federal Glover
Supervisor Mary N. Piepho
Supervisor John Gioia
RESOLUTION 2006/792 )D, '-P=.