To: Board of Supervisors
From: Monica Nino, County Administrator
Report Title: Board of Supervisors Representation on the Contra Costa County Local Agency Formation Commission
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. REAPPOINT Supervisor Diane Burgis as the Board of Supervisors alternate representative to the Contra Costa Local Agency Formation Commission to a new four year term ending on May 6, 2028.
2. DIRECT staff to update, if necessary, the County website a single Fair Political Practices Commission (FPPC) Form 806, which lists all the paid appointed positions on committees, boards, or commissions for members of the Board of Supervisors.
FISCAL IMPACT:
There is no fiscal impact to the County from this action.
BACKGROUND:
The recommended appointment to the Local Agency Formation Commission (LAFCo) will ensure continued representation of the Board of Supervisors on the myriad issues of significance to Contra Costa County.
The terms of office of the Board's alternative appointee to the LAFCo will expire on May 6, 2024. LAFCo is a regulatory agency charged by the State legislature with “discouraging urban sprawl and encouraging the orderly formation and development of local agencies” based on “local circumstances and conditions.” To meet its responsibilities, LAFCo reviews and approves or denies proposals to:
• Annex land to cities or special districts,
• Detach land from cities or special districts,
• Consolidate two or more cities or two or more special districts,
• Form new special districts and incorporate new cities,
• Dissolve special districts and disincorporate cities,
• Merge cities and special districts,
• Allow cities or special districts to provide services outside of their boundaries.
LAFCo is also charged by the State Legislature to determine and update at least every five years the “sphere of influence” of each city and special district.
FPPC Form 806
In April 2012, the Fair Political Practices Commission (FPPC) adopted Regulation § 18705.5, which permits a Supervisor to vote on his/her own appointment to a body or board paying a salary or stipend for service if all of the following conditions are met:
1. the appointment is to a committee, board, or commission of a public agency, a special district, a joint powers agency or authority, or a metropolitan planning organization; and
2. State law, a local ordinance, or a joint powers agreement requires the Board to appoint; and
3. the Board adopts and posts on its website, a list of each appointed position for which compensation is paid, the salary or stipend for the position, the name of the appointee, the name of the alternate, if any, and the term of the appointment.
Form 806 is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of a public agency, special district, and joint powers agency or authority. Each agency must post on its website a single Form 806, listing all of the paid appointed positions. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors must appoint an alternate representative to the Contra Costa Local Agency Formation Commission for the Board to be fully represented at LAFCo in reviewing and making decisions on important County issues.