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C.11

To:	Board of Supervisors
From:	INTERNAL OPERATIONS COMMITTEE
Date:	April 28, 2009

Contra

Costa

County

Subject:

ADOPTION OF ORDINANCE TO EXEMPT CERTAIN MUNICIPAL ADVISORY COUNCILS FROM THE BETTER GOVERNMENT ORDINANCE

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 04/28/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Julie Enea (925) 335-1077
cc:	Internal Operations Committee Staff Supervisor Piepho's Office

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 28, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Ordinance No. 2009-11 as introduced on April 21, 2009, amending the County’s Better Government Ordinance (BGO) to exempt Municipal Advisory Councils (MACs) whose membership composition is the same as the elected members of a Community Service District (CSD).

FISCAL IMPACT:

None.

BACKGROUND:

Effective January 1, 2006, the Community Services District (CSD) law expressly contemplates that members of a CSD board of directors may serve on a municipal advisory council and that the offices of Director and Council member are not incompatible (Gov. Code § 61040 (d)). Therefore, if the Board of Supervisors and the Board of the CSD desire that the members of a MAC be the elected members of a CSD, this can be accomplished by amending the resolution establishing the MAC. (This was accomplished in April 2007 for the Diablo MAC.)

BACKGROUND: (CONT'D)

On November 4, 2008, the Board of Supervisors, at the recommendation of the Ad Hoc Committee on Municipal Advisory Councils (MACs), referred to the IOC the matter of an amendment to the County’s Better Government Ordinance (BGO) to exempt from compliance with the BGO those MACs whose members make up the governing body of a Community Services District (CSD).

Under the current BGO, a MAC with the same membership composition as a CSD Board would operate as a County advisory body, subject to the County’s policies for advisory bodies and to the Better Government Ordinance (BGO). It would hold its meetings on the same night and in the same location where the CSD Board of Directors meets. However, requiring the MAC’s compliance with the BGO may result in confusion about applicable procedures. The BGO does not apply to CSD meetings, and when functioning as the MAC, the elected CSD directors would have to follow different open meeting procedures than they follow for CSD meetings.

MACs must still comply with the Brown Act and Public Records Act.

On March 11, the IOC considered this matter, accepted public testimony, and directed the County Counsel to draft an amendment to the BGO to exempt certain MACs from adherence to the BBO in those limited situations when the MAC members are also the elected board of directors of a CSD.

The ordinance amendment was introduced on April 21, 2009 and is recommended to the Board for adoption today.