HomeMy WebLinkAboutMINUTES - 06212006 - D.1 TO: BOARD OF SUPERVISORS 'U'l Contra .
FROM: Supervisor Mary N. Piepho - Costa
Supervisor Federal D. Glover _ � ko •
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DATE: June 21, 2006 STA co---
County
SUBJECT: RECOMMENDATIONS TO IMPROVE CONSISTENCY AMONG
COUNTY MUNICIPAL ADVISORY COUNCILS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. APPROVE preliminary recommendations to improve consistency in the composition,powers, and
operations of the County's municipal advisory councils.
2. ADOPT Resolution No. 2006/395 declaring that effective July 1, 2006:
a. All County municipal advisory council members shall be selected and appointed by the Board of
Supervisors upon nomination by the District Supervisor who represents the unincorporated area
served by the council. All existing elected MAC incumbents serve for the remainder of their
current terms of office. When an incumbent's term is completed, the vacancy shall be filled by
appointment.
b. For each MAC, 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. A MAC may only take action by a
majority vote of the total number of authorized positions,not by a majority vote of the quorum.
CONTINUED ON ATTACHMENT: ® YES SIGNATURE:
❑RECOMMENDA'T'ION OF COUNTY ADMINISTRATOR®RECOMMENDATION OF BOARD COMMITTEE
®APPROVE ❑OTHER
SIGNATURE(S):
ACTION OF BOARD ON O
APPROVED AS RECOMMENDED' O]rIfER ❑ EM AlrACH6�
�'T' Lja5 t>gec OX�VAMA.V k 3 1 CPYft+''g"Ay c7wvca Bt�Y "4 vuk 7 1AAC
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
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED: JUNE 27,2006
Contact: VINCENT MANUEL (925)427-8138 JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: BOARD OF SUPERVISORS MEMBERS
COUNTY ADMINISTRATOR
COUNTY MACS
COUNTY COUNSEL y; De uty
IMPROVE CONSISTENCY AMONG COUNTY MUNICIPAL ADVISORY COUNCILS Page 2
SUPERVISORS MARY N. PIEPHO AND FEDERAL D. GLOVER JUNE 21,2006
3. DIRECT the County Administrator's Office to create a comprehensive "MAC Handbook", which will
facilitate consistency and serve as a convenient reference for all the MACS and District MAC Liaisons.
4. DIRECT the County Administrator to prepare new resolutions for each MAC amending the MAC
membership composition and powers of authority to specify that:
a. a MAC shall be advisory to the Board of Supervisors and County departments, and shall not
represent the community to non-county agencies, e.g., cities, state, schools, special districts,
agencies or commissions.
b. a MAC shall have five (5) or seven(7)members, upon Board approval of a recommendation by
the District Supervisor who represents the unincorporated area served by the council.
5. RECOGNIZE that these recommendations are a first step to improve MAC operations and that
additional recommendations concerning MAC boundaries, provision for alternate seats, or other areas
needing clarification may be forthcoming as the MAC study effort continues.
FISCAL IMPACT
The recommendations will eliminate County costs associated with conducting elections for MAC
membership, saving an estimated average of$4,000 per MAC election.
BACKGROUND
The California Government Code (§31010)provides that the Board of Supervisors may by resolution
establish a municipal advisory council (MAC) for any unincorporated area in the County to advise the
Board on such matters which relate to that area as may be designated by the Board concerning services
which are or may be provided to the area by the County or other local governmental agencies, including
but not limited to advice on matters of public health, safety, welfare, public works, and planning. Section
31010 further provides that the Board of Supervisors may determine the method by which a MAC's
members shall be selected and may specify such other rules, regulations and procedures as may be
necessary for the operation of a MAC.
This County has 12 MACS.
On November 1, 2005, the Board of Supervisors established new procedures and controls for MACS and
clarified the roles of the MACS, District Supervisors, Treasurer-Tax Collector, Auditor-Controller, and
County Administrator with regard to MAC fund handling.
On December 20, 2005,the Board of Supervisors directed Supervisors Piepho and Glover to review and
analyze the operating procedures of all MACs in an effort to develop formal rules and guidelines to
improve consistency among the MACS. The study indicated that 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 (See Exhibit 1). While some of these
differences may appropriately reflect the inherent differences in the communities, it would be beneficial if
IMPROVE CONSISTENCY AMONG COUNTY MUNICIPAL ADVISORY COUNCILS Page 3
SUPERVISORS MARY N.PIEPHO AND FEDERAL D. GLOVER JUNE 21,2006
there was consistency in the operating rules and procedures of the MACs to ensure that the MACs are
effectively serving their advisory purpose and, in that regard, are accurately representing the concerns and
recommendations of'the community.
�1
There are two key are s that w ant immediate reform by the Board: method of member selection(elected
or appointed) and quo requ rements. As illustrated in Exhibit I, most County MACs have appointed
members; however of the MACs have some or all elected members. We are recommending that all
of the MACs have appointed members rather than elected members. Elected membership tends to confuse
the advisory role of a MAC by creating an expectation within the community that a MAC member can
create and implement policies or take actions that he is not empowered to take. Rather, a MAC member
represents the Board of Supervisors within the community and relates the community concerns and
recommendations to the Board of Supervisors. We find that the community, the MAC, and the Board of
Supervisors are more effectively served through the relationship of an appointed membership rather than
an elected membership. Additionally, in 2004, elections conducted on behalf of four MACs cost the
County over $13,000. Elections costs will be eliminated by shifting from elected to appointed
membership.
Of equal importance is the need to clarify the Board's expectation for what shall constitute a MAC
quorum. Exhibit 1 illustrates that about half of the MACs have 5 positions and half have 7 positions. One
MAC has 8 positions. A quorum represents the minimum number of members required to be present to
conduct a meeting, and is normally established at a simple majority of the number of authorized positions.
For a 5-member council, a quorum would be 3; for a 7-member council, a quorum would be 4; and for an
8-member council, a quorum would be 5. When less than the full membership is present for a meeting,the
situation could arise in which less than a majority of the council, e.g. 2 of 5 members, could be making
decisions for the council. In order to ensure that communities are adequately represented to the Board of
Supervisors, we are recommending that the Board establish a policy requiring that all decisions of a MAC
shall be made by a majority of the total number of authorized positions, not a by majority of the quorum.
We recommend that the preceding recommendations be enacted by the Board effective July 1, 2006
because the candidacy filing deadline for some of the current elected MAC seats is in mid-July. We are
.still studying other issues, such as the development of a reference handbook, fixing the number of MAC
seats, clarifying the use of alternate positions, clarify MAC boundaries, resolving redundancy of governing
bodies that represent the same geographical areas, and other areas of concern as our review continues.
Additional recommendations to improve consistency and effectiveness among the MACs can be prepared
by staff under our direction and brought back to the Board at a future date for consideration.
(See Attached Exhibit 1)
IMPROVE CONSISTENCY AMONG COUNTY MUNICIPAL ADVISORY COUNCILS Page 4
SUPERVISORS MARY N.PIEPHO AND FEDERAL D. GLOVER NNE 21,2006
Exhibit I:
MAC District Established # Seats Elected/Appointed
Bay Point V 1990 7 Elected
Bethel Island V 1994 5 Appointed
Byron III 1994 7 Appointed
Contra Costa Centre IV 2003 7 Appointed
Diablo III 1996 5 Elected
Discovery Bay III 1992 5 Elected-
El
lectedEl Sobrante 1 1995 7 Elected
Kensington _ 1 1989 5 Appointed
Kni htsen III 1994 5 Appointed
North Richmond 1 1992 7 4 Elected/3 Appointed
Pacheco IV 1991 8 Appointed
Rodeo II 1994 7 Appointed
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 27,2006 by the following vote:
AYES: Gioia,Piepho,De5aulnier,Glover and Uilkema
,.4
NOES: None x --
ABSENT: None
ABSTAIN: None �6
STA-coux'�
RESOLUTION NO. 2006/395
CORRECTED TO REFLECT FINAL BOAR[) ACTION
SUBJECT: In the matter of improving consistency in the composition, powers,
and operations of the County's municipal advisory councils
WHEREAS, pursuant to Government Code section 31010, the Board of Supervisors
created Municipal Advisory Councils (MACs)to advise the Board on specified matters that
relate to each Council's geographic area; and
WHEREAS, pursuant to Government Code section 31010 the Board of Supervisors may
determine the method by which a MAC's members shall be selected and may specify such other
rules, regulations and procedures as may be necessary for the operation of the MAC.
WHEREAS, in the interest of improving consistency in the composition,powers, and
operations of the County's MACs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, in its
capacity as governing Board of the County of Contra Costa and all districts of which it is ex-
officio governing Board, that effective July 1, 2006:
a. All County MAC members shall be selected and appointed by the Board of
Supervisors, upon nomination by the District Supervisor who represents the
unincorporated area served by the council. All existing elected MAC incumbents
serve for the remainder of their current terms of office. When an incumbent's term
is completed, the vacancy shall be filled by appointment. Board of Supervisors
Resolutions No. 90/533 (Bay Point), subsection 2;No. 96/314 (Diablo), subsection
4;No. 95/94 (El Sobrante), subsection 4; and No. 92/306 (North Richmond),
subsection 3 are amended accordingly.
b. For each MAC, 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. A
MAC may only take action by a majority vote of the total number of authorized
positions, not by a majority vote of the quorum. Resolutions No. 90/533 (Bay
Point), 94/316 (Bethel Island), 94/422 (Byron), 2003/178 (Contra Costa Centre),
Page 1 Resolution No.2006/395
96/314 (Diablo), 95/94 (El Sobrante), 89/257 (Kensington), 94/153 (Knightsen),
99/660 (North Richmond), 91/639 (Pacheco), and 94/94 (Rodeo) are amended
accordingly.
This resolution augments and prevails over all previous resolutions governing County MACS.
Orig Depts: Board of Supervisors, CAO, County Counsel I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
cc: County MACS Supervisors on the date shown
District Supervisors'Chiefs of Staff
County Administrator
County Counsel ATTESTED: June 27,2006
John Cullen,gigrL4f the B d of Supervisors
and COMn dministrat
By Deputy
Page 2 Resolution No.2006/395
ADDENDUM to D.1
June 27, 2006
On this day, the Board of Supervisors considered approving recommendations and
adopting Resolution No. 2006/395 to improve consistency in the composition, powers,
and operations of the County's municipal advisory councils (MACS).
Supervisor Glover introduced this item, saying it was being brought to attempt to honor
the charters of the MAcs and to review the consistency of the work of advisory bodies
throughout the County, recognizing diversity may call for differences. He said the
recommendations presented in today's board order and Resolution are a first step.
Supervisor Glover said additional recommendations may be forthcoming as the study
effort continues, noting that recommendations may come forward as part of the
development of a handbook.
Supervisor Piepho said that the local community voice plays a very important and
dynamic role. She said there are inherent challenges because of the disparities in the
MACS today, and she invites discussion and comment as the Board moves forward in
clarifying the roles of the MACS.
Supervisor Piepho requested a correction to the Board Order, to note that Discovery Bay
is a community services district and, while they provide an advisory voice to the Board of
Supervisors, effectively they are not a municipal advisory council, and as such are not
subject to the issues in this board order. She suggested the Board could meet with the
other local community service districts—Diablo and Knightsen—to see if they would like
to take on an advisory role to help provide a more cohesive community voice.
Supervisor Piepho suggested examining the possibility that election cost savings could be
used for the study purposes, as well as for administrative and other aspects MAC
operational costs.
Supervisor Piepho proposed a typographical correction to page three of the board order as
follows:
"As illustrated in Exhibit I,most County MACS have appointed
members; however,4-5 of the 114-2 MACs have some or all
elected members."
Supervisor Uilkema commented that the Rodeo MAC has radically changed a number of
times. She suggested the possibility that candidate applications could be submitted to
both the appointing Supervisor's office and to the MAC office, for the comparative
purposes.
Addendum for D.,1 June 27, 2006
Page 2 of 3
Chair Gioia asked for public comment. The following people spoke in opposition to the
Board's proposed action on this item:
Brian Cella, Diablo resident;
Marilynne L. Mellander, El Sobrante resident;
Mary Ann Cellia, Diablo resident;
Michael Gibson, Alamo resident;
Barbara A. Pendergrass
Jack Behseresht, Alamo resident;
Preston Taylor, Alamo resident;
Brad White, Alamo resident;
Donald Hoffman, Diablo resident;
Supervisor Piepho responded to the suggestions of several of the speakers who stipulated
that elected MACS would somehow be less effective or important than appointed MACS or
would diminish the stature of the majority of existing MACS (7 of 11), which are currently
appointed. She thanked all who are involved in the process, encouraged continued dialog,
and asserted that there is no "rubber stamping" of MAC candidates.
Chair Gioia responded to comments raised by some of the speakers. He said that MACS
exist to:represent the community to the Board of Supervisors. He said that the Board
appoints people to advisory positions all the time, and that people with contradictory
opinions are not only not dismissed but are often reappointed. Chair Gioia said the
opinion that the Board is looking for "yes"men and women is wrong and the Board's
history bears that out. He added that though appointed, MACS have initiated many
important Board actions such as the renters ordinance, the illegal dumping ordinance, and
the derelict vessels ordinance.
Supervisor Glover noted that conflicting opinions offer the Supervisors an opportunity to
hear the community dialog. He said that while he understands there are fears about going
from elected to appointed positions, he feels it is a non-issue and thinks the Board needs
to get back to the basics of understanding the charters of the MACS. He added that in his
district, some potential MAC candidates have found the cost of campaigning for election
to be prohibitive, thereby discouraging competition for the seats; additionally, some of
the elected members did not fulfill their duties and their positions had to be filled
midterm by appointment anyway. Supervisor Glover said that whether elected or
appointed, MACS enhance the quality of life of Contra Costa residents.
Supervisor Gioia affirmed that the County Clerk(Registrar) should not accept MAC
candidacy papers in July for the November election, since the elected seats will
henceforth be filled by Board appointment.
� L
Addendum for D.,1 June 27, 2006
Page 2 of 3
By a unanimous vote with none absent, the Board of Supervisors took the following
action.-
APPROVED
ction.APPROVED preliminary recommendations to improve consistency in the composition,
powers, and operations of the County's municipal advisory councils; ADOPTED
Resolution No. 2006/395 declaring that effective July 1, 2006: (A) All County municipal
advisory council members shall be selected and appointed by the Board of Supervisors
upon nomination by the District Supervisor who represents the unincorporated area
served by the council. All existing MAC incumbents serve for the remainder of their
current terms of office. When an incumbent's term is completed, the vacancy shall be
filed by appointment; (B) For each MAC, 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, A MAC may only take action by a majority vote of the total number of
authorized persons, not by a majority vote of the quorum.
o (0/
"Hal Bailey" To: <JPenn@cob.cccounty.us>
<halbailey@mphb.net> cc: <jbenca@cctimes.com>, <clopez1@cctimes.com>,
<dciardelli@danvilleweekly.com>, <Dan.Noyes@abc.com>,
06/27/2006 07:31 AM <kstepper@ci.danville.ca.us>, <Bu4567@aol.com>,
<news@ktvu.com>, <editor@alamotoday.com>
Subject: D.1 CONSIDER approving recommendations and ADOPTING
Resolution No.2006/395 to improve consistency in the composition,
powers, and operations of the County's municipal advisory councils.
(Supervisors Piepho and Glover) (All Districts)
This is formal comment to the Board of Supervisors, Contra Costa County, and directed to Districts I, II,
IV, and V. It is in no form meant to be communication with District III.
Ladies and Gentlemen:
Yesterday, the county proposal you will consider this morning was circulated throughout Alamo and to
>21,000 residents in District III to illustrate the continuing abusive opposition to community and
neighborhood interests, needs and advisory by Contra Costa County districts, departments and county
agencies. Specifically, it is proposed that each district's supervisor has the right to propose candidates for
board of supervisors' approval as a five member Municipal Advisory Council (MAC) and two alternates.
Such an action forms a county agency in a community and does not provide for or establish a community
council that is representative and in service to the community, neighborhood and resident groups.
The response will be, as planned, that communities will form their own local committees to audit and
oppose the actions of such MACs and treat the MAC members as simply another layer of county
government in abusive opposition to community and neighborhood interests, needs and advisory. It is
fully understood that District III will propose and gain approval of such a MAC in Alamo. Alamo community
of neighborhoods has formed a community counsel committee to fully audit all actions of such a MAC and
take individual and class action to defend the interests, needs and advisory of our neighborhoods.
To illustrate the result of such MAC's, your board members only have to look at Z-36 and R-7A as similarly
reconstituted as county agencies in Alamo. These committees are alien to the community, treated as
county agents, and cannot form support from community, neighborhood, service and resident groups. As
further illustration of just how alien, Z-36 could not gain a $30 increase per parcel as additional funding
simply because Alamo views the group as agents of a county district and departments that have abused
Alamo with opposition to neighborhood advisory since June 2000. Most importantly, these agencies were
reconstituted with selected appointment in prejudiced disregard of Alamo community and neighborhood
volunteers.
Your approval of this resolution will be a gauntlet laid permanently between communities and the county
and will provide exceptional challenges to district, department and agency actions in well-coordinated
unincorporated communities throughout Contra Costa County. That result will translate to alien
relationships growing with cities and districts as county actions simply overrun legitimate community
concerns in coordinated district, city and county projects.
Consider your actions carefully.
In kind regards,
Hal Bailey
Cervato/Lunada/Diablo Vista neighborhood
Alamo community of neighborhoods
+1.925.943.1170
halbailey(a)m hp b.net
Dist: Alamo community of neighborhoods, Community Counsel
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