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HomeMy WebLinkAboutRESOLUTIONS - 12192006 - 06-796 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 19, 2006 by the following vote: s L AYES: UII L�EM Pt , 1OI4S-e~'10 'A- NOES:NOES: ' ABSENT: = �A SrA'couK ABSTAIN: Resolution No. 2006/796 SUBJECT: In the matter of amending the method of selection, powers, and authority of the Pacheco Municipal Advisory Council -------------------------------------------------------------------------------------------- WHEREAS, Pursuant to Resolution No. 91/639, the Pacheco Municipal Advisory Council was created to advise the Board of Supervisors on specified matters relating to the community of Pacheco; 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 Pacheco Municipal Advisory Council Pursuant to the authority granted by Section 3 10 10 of the California Government Code, the Pacheco 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 Pacheco area located generally between the cities of Concord, Pleasant Hill, and Martinez, as more particularly described on the attached map marked as Exhibit A, dated December 19, 2006 (hereafter referred to as "Pacheco"). 3. Membership The Council shall consist of seven (7) members and one (1) alternate member, who shall be residents of Pacheco and who shall be selected and appointed by the Board of Supervisors, upon nomination by the District IV Supervisor. The alternate member shall fill in for any regular member who is absent from all or part of a meeting. The alternate member automatically replaces any member who leaves before the end of his/her term and serves for the remainder of the term. 4. Term of Office The Council members shall serve staggered two (2) 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 on: a. Services which are or may be provided to the Pacheco community 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 the Pacheco community 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 the Pacheco community before the Local Agency Formation Commission on proposed boundary changes affecting the community. b. Represent the Pacheco community before the County Planning Cornmission(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 the Pacheco area 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 the Pacheco community. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Pacheco community and that the Council shall serve solely in an advisory capacity. Except as specified above, the Council may not represent the Pacheco 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 off ce. 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 7 authorized positions, a quorurn is 4 members; 4 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 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. l--qL 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 Subject to Vote The issue of establishment of the Council shall not be an election item submitted to the voters of the Pacheco 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. 1.3. 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. 91/639 and 96/528. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes ol'the Board ol'Supervisors on the date shown ATTESTED: December 19,2006 John Cullen,Clerk of the Board of Supervisors and County Administrator By Deputy cc: Supervisor Federal Glover Supervisor Mary N.Piepho Supervisor Susan Bonilla RESOLUTION 2006/796 �,