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HomeMy WebLinkAboutMINUTES - 04032007 - C.133 SE--L __ Contra TO: BOARD OF SUPERVISORS .:`'-=� t -=�. FROM: JOHN CULLEN, oiiiup '� Costa County Administrator Diablo MAC Resolution April 3, 2007 Page 2 Therefore, Resolution:2007/166 would make the following changes for the Diablo MAC: • The "Membership" provision would be amended to specify that the Council shall consist of five members who shall be current elected members of the Diablo CSD appointed by the Board of Supervisors, upon nomination by the District III Supervisor. • The "Term of Office" provision would be amended to specify that a MAC member's term shall be the same as his or her term of office on the CSD Board of Directors. Also, vacancies shall not be filled by Board of Supervisors appointment. • The former"Removal from Office"provision would be deleted as it would not be consistent with representation by elected CSD Board members. • The former"Quorum and Vote Necessary for Action"provision would be deleted as it is more efficient for the new Diablo MAC members to operate pursuant to the quorum and vote requirements of the Diablo CSD. • The MAC's "Territorial Area" is modified to be coterminous with the boundaries of the Diablo CSD. Notwithstanding the above amendments,the Diablo MAC would continue to operate as a County advisory body, subject to the County's policies for advisory bodies and to the Better Government Ordinance. 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 3, 2007 by the following vote: s t �•�-• ;oma AYES: G6 of A} 13001Lt.p►r G:LcW E12� ?16111 o NOES: o' ei;itii ; ABSENT: V%LKEAAA _ ~� .�osTA COIIK�-GA~ ABSTAIN: Resolution No. 2007/166 SUBJECT: In the matter of modifying the Territorial Area, Membership,Term of Office, Removal from Office, and Quorum and Vote Necessary for Action of the Diablo Municipal Advisory Council -------------------------------------------------------------------------------------------- WHEREAS, Pursuant to Resolution No. 96/314, the Diablo Municipal Advisory Council was created to advise the Board of Supervisors on specified matters relating to the community of Diablo; 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; and 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; and WHEREAS, the Board of Supervisors on December 19, 2006 adopted Resolution No. 2006/791 amending the method of selection, powers, and authority of the Diablo Municipal Advisory Council; and WHEREAS, the Diablo Municipal Advisory Council and the Diablo Community Services District Board of Directors have expressed interest in having the elected Diablo CSD Directors perform the Diablo MAC functions; and 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 Diablo Municipal Advisory Council Pursuant to the authority granted by Section 3 10 10 of the California Government Code, the Diablo 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 territory contained within the boundaries of the Diablo Community Services District; all of which territory is more particularly described on the attached map marked as Exhibit A, dated December 19, 2006 (hereafter referred to as "Diablo'). 3. Membership The Council shall consist of five (5) members, each of whom shall be a current elected member of the Diablo Community Services District Board of Directors, and who shall be appointed by the Board of Supervisors, upon nomination by the District III Supervisor. 4. Term of Office A Municipal Advisory Council member's term shall be the same as his/her term of office on the Diablo Community Services District Board of Directors. 5. Council Duties and Powers The Council shall advise the Board of Supervisors on discretionary land use planning matters affecting the Diablo community, such as land use designations, General Plan amendments, environmental impact reports, negative declarations, zoning-variance applications, and building permit applications for additions or remodeling projects which would affect the exterior dimensions of the residence and for which noticed public hearings are or could be required by the County's Planning Agency. The Council shall also represent the community before the County Planning Commissions,the Zoning Administrator and the County Board of Supervisors on such land use, planning and zoning matters. The Council will advise in accordance with the policies of the General Plan. 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 other County hearing body on issues of concern to the community; and serve as liaison between the community and the County Supervisor representing Diablo. It is understood that the Board of Supervisors is the final decision making authority with respect to issues concerning the Diablo community and that the Council shall serve solely in an advisory capacity. Except as specified above, the Council may not represent the Diablo 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. 6. 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. 7. 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 within 300 feet of the Diablo community area. County staff will also provide notices of decisions on all such matters to the Council. c. County staff will provide Diablo community area 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 conducted between them, (the Council and applicants), before County Planning Agency hearings and decisions. 8. 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. 9. Council Establishment Not Subiect to Vote The issue of establishment of the Council shall not be an election item submitted to the voters of the Diablo community. 10. Council Oueration 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. 11. Dissolution of Council The provisions of this resolution shall be of no further force and effect after December 31, 2009, and the Council will be dissolved on that date unless the Board of Supervisors has taken action to extend the Council's existence. 12. This Resolution supersedes and replaces Resolution Nos. 96/314 and 2006/791. 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: April 3,2007 JohnCullen,perk of the Board of Supervisors and County dm' istrator t By Deputy cc: Supervisor Federal Glover Supervisor Mary N.Piepho RESOLUTION 2007/166 Diablo Municipal Advisory Council MAC Boundary cr City Boundaries Af amo �J 1 1 1 - � � iii •� i �_, i •r� 1 � t 2 1 � � ca Blackhawk/Tassaja`a Diablo Rd A Danvil_'Ie � \ 1 The rteD wz outatl IMtti W Ma COYa CouNy Comrs R WQ1l" DavelopmarP 1yY ty UN xW ft Int—Lorin Lasts(•aunty GIS 1— Sony b/Corin LrNa County Lanrrunry D-vNopman4 GlG Group Eo-tlam,PP^riY fay Umrc.cMriv-tl lmmtM LP Srcb Bortl of Equl®PoiA br me Mees z � (31 Pile Str--1 M Flaor Nogh WnP,MPMex,U 9155100f6 vua.WP-oam=to ufe Mc, w L m nawrea na napmaitlYry for ih a jn 0 0.125 0.25 0.5 V5D:a 5N 122U635JP/W 1M1c rr-D mnens copyrpM-tl Ytlarrt-Pan and rniY riot f»atl-rM.In-yb nprotluc-d in IzwmN Parc tltlt-aqu�mclrctl.Users of Pic inpaPrN to natl PM ccpttM - Lourgy of Corin CPsn tletlaim-r o1 Yatilyfory.oQaDnc PPormLLcn.