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Home My WebLink AboutRESOLUTIONS - 12192006 - 06-793 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 19, 2006 by the following vote: s L AYES: u �AA,A . fol&rd'(+b NOES: ABSENT: COU�� G� ABSTAIN: Resolution No. 2006/793 SUBJECT: In the matter of amending the method of selection, powers, and authority of the Kensington Municipal Advisory Council -------------------------------------------------------------------------------------------- WHEREAS, Pursuant to Resolution No. 89/257, the Kensington Municipal Advisory Council was created to advise the Board of Supervisors on specified matters relating to the community of Kensington; and WHEREAS, the Board oi�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 the Kensineton Municipal Advisory Council Pursuant to the authority granted by Section 31010 of the California Government Code, the Kensington 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 that area contained within the boundaries of the Kensington Community Services District and the Kensington Fire District; which is more particularly described on the attached map marked as Exhibit A, dated December 19, 2006 (hereafter referred to as "Kensington"). 3. Membership The Council shall consist of five (5) members and two (2) alternates (a First Alternate and a Second Alternate), who shall be residents of the Kensington community, shall have resided there for at least three (3) years prior to assuming office. and who shall be selected and appointed by the Board of Supervisors, upon nomination by the District I Supervisor, from lists of nominees submitted by the Kensington Improvement Club, Kensington Property Owners' Association, and the Kensington Municipal Advisory Council. Each organization shall only nominate residents having the above-listed qualifications. The First Alternate member shall fill in for any regular member who is absent from all or part of a meeting. The Second Alternate member shall fill in when the First Alternate member is not available or when two regular members are absent. The alternate members automatically replace any member who leaves before the end of his/her term and serves for the remainder of the term, with the First Alternate member filling the first available seat. 4. Term of Office The Council members shall serve staggered four(4) year terms. The Board of Supervisors shall fill vacancies on the Council by appointment. 5. 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. 6. Council Duties and Powers The Council shall advise the Board of Supervisors on land use planning matters affecting the Kensington community, such as land-use designations, General Plan amendments, environmental impact reports, negative declarations, and zoning-variance applications. The Council shall also represent the community before the County Planning Commission, the Zoning Administrator, and the County Board of Supervisors on such land use, planning, and zoning matters. In addition, the Council may: advise the Board of Supervisors on local government services as requested by the Board; provide input and reports to the Board, County staff or any County hearing body on issues of concern to the community; and serve as liaison between the community and the County Supervisor representing Kensington. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Kensington community and that the Council shall serve solely in an advisory capacity. Except as specified above, the Council may not represent the Kensington community 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. 7. 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 5 authorized positions, a quorum is 3 members; 3 affirmative votes are necessary for action.) 8. 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. 9. Staff and Financial Support a. The Board shall provide no ongoing professional or clerical staff support to the Council or funds to pay for any of the Council's operating costs. b. County staff will provide the Council in a timely manner with information and reports on planning matters (referenced in paragraph 6 above) that are to be located in, or have an effect on, Kensington. County staff will also provide notices of decisions on all such matters to the Council. c. County staff will provide Kensington community planning entitlement applicants with the time and place of Council meetings and the names and any non-restricted phone numbers of Council members so that timely discussion of pending applications may be fit/ conducted between them, (the Council and applicants), before County Planning Agency hearings and decisions. 10. Council Funds Any funds 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. 11. Council Establishment Not Subiect to Vote The issue of establislunent of the Council shall not be an election item submitted to the voters of the Kensington community. 12. 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. 13. 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. 14. This Resolution supersedes and replaces Resolutions No. 2004/46, 2000/564, 95/380, and 89/257. 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 ATTESTED: December 19.2006 John Cullen,Clerk of the Board of Supervisors and County Ad 'iistrator Deputy cc: Supervisor Federal Glover Supervisor Mary N. Piepho Supervisor John Gioia RESOLUTION 2006/793 tp