Smart Voter
Santa Clara County, CA November 3, 1998 General
Measure C
Eliminate Intergovernmental Council and encourage cooperation among Bay Area agencies
County of Santa Clara

Charter Amendment

180,924 / 63.1% Yes votes ...... 105,890 / 36.9% No votes

See Also: Index of all Measures

Infomation shown below: Impartial Analysis | Arguments | Full Text
Shall the County of Santa Clara delete section 507 eliminating the Intergovernmental Council and amend section 301 by adding a new sub-section (b) to the powers and duties of the Board of Supervisors providing, "Encourage cooperation among local public agencies both within Santa Clara County and the San Francisco Bay Area. When appropriate recommend and promote solutions to regional issues of mutual concern to Santa Clara County and other agencies and reletter subsections accordingly"?
Impartial Analysis from the County Counsel
Section 507 of the County Charter requires the Board of Supervisors to establish an Intergovernmental Council (IGC). In 1993, at the request of its members and the approval of Board of Supervisors, the IGC disbanded because a number of other intergovernmental organizations had been created to examine regional issues, including the Santa Clara County Cities Association. This measure would delete section 507 of the County Charter eliminating the requirement that the Board establish an Intergovernmental Council.

This measure also enacts a new charter provision, section 301 (b) in the article of the Charter relating to the powers and duties of the Board of Supervisors. This new provision establishes the County policy directive to address regional issues and encourages regional cooperation without requiring a specific mechanism or organization. This measure gives the Board of Supervisors flexibility in its approach to regional issues, rather than mandating a specific organization, while recognizing regional cooperation as a goal of local government.

ANN MILLER RAVELBy: SUSAN G. LEVENBERG
County CounselChief Deputy County Counsel

 
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Arguments For Measure C Arguments Against Measure C
The Intergovernmental Council (IGC), by consent of its members dissolved in, 1993. The appointment functions of the Intergovernmental Council have been assumed by the Santa Clara County Cities Association (SCCCA) which was established in 1991. Issues of regional concern have been addressed by the SCCCA or issue specific regional associations. The SCCCA supports itself through contributions of financial support from each of the fifteen member cities. The County has saved approximately $25,000 annually by not being required to provide staff support to the IGC. Therefore, Section 507 is no longer relevant and should be removed from the Charter.

However, it remains important that cooperation among public agencies in Santa Clara County and the San Francisco Bay Area be encouraged. Therefore, Charter Section 301(b) is recommended to be added to the Charter in order to promote solutions to regional issues of mutual concern to Santa Clara County and other agencies.

BLANCA ALVARADO,CHUCK REED,
Chairperson, Board of SupervisorsChairperson, Charter Review Committee


JOANNE BENJAMIN,
President, Santa Clara County Cities Association

Rebuttal to Arguments Above
The proponents admit, as they must, that County Supervisors have failed and refused to obey the County Charter's requirement that there be an "Intergovernmental Council."

The excuse: The Intergovernmental Council was dissolved in 1993 "by consent of its members."

The truth: The County Charter does not state that its requirements may be ignored if some people "consent."

The County Charter is the constitution of the County. It creates the 5-member Board of Supervisors and assigns Supervisors powers and duties. County Supervisors are elected by district. The current Supervisors are Joseph Simitian of Palo Alto, Blanca Alvarado and Jim Beall of San Jose, Pete McHugh of Milpitas and Don Gage of Gilroy. County Supervisors should obey the County Charter even if there are some provisions they don't like.

In establishing the requirement of an Intergovernmental Council many years ago, county voters recognized the need for cooperative planning for the entire county. In the absence of the Intergovernmental Council (since 1993), the county and various city governments have acted in a selfish and shortsighted manner.

The less formal body formed by cities (the SCCCA) has not done the job. As a county, we face overcrowding, a housing crisis, transportation problems and environmental deterioration.

Voters should tell County Supervisors to obey the Charter and re-establish the Intergovernmental Council. Nothing in the County Charter prevents the Supervisors from forming the proposed regional chat group as well. The more communication, the better.


MELVIN L. EMERICH
Attorney at Law

Incumbent members of the County Board of Supervisors have failed and refused to appoint members of the "intergovernmental council" required by the County Charter (the county's constitution).

Instead of abiding by the Charter, Supervisors are asking voters to change the Charter and eliminate this requirement!

The County Charter was adopted by voters and may only be amended by voters. Elected and non-elected county officials should obey the Charter.

As currently written, Section 507 of the County Charter requires the Board of Supervisors to "establish an intergovernmental council, broadly representative of the public agencies within the county." The County Charter further mandates that the "intergovernmental agency shall develop improved cooperative relationships among local public agencies... identifying and recommending solutions."

The intergovernmental council is a good idea and it is mandated by the County Charter. The requirement should remain and the Board of Supervisors should abide by it.


MELVIN L. EMERICH

Rebuttal to Arguments Above
The Intergovernmental Council no longer exists because its members agreed that its work was finished. Most of their work has been taken over by the Santa Clara County Cities Association. After several years, the 15 cities of Santa Clara County and the Board of Supervisors determined that regional issues could be addressed more effectively if all cities within the County shared the fiscal and structural responsibility for a regional body. Now everyone agrees that there is no longer any need for the Intergovernmental Council and the County Charter needs to be updated to reflect that agreement. Only the voters can authorize changes in the County Charter.

The County still has the ability under its Charter to create any other regional body it deems necessary to address specific regional concerns and is encouraged to do so by the addition of Charter Section 301(b). The deletion of Charter Section 507 allows the County greater flexibility in dealing with regional issues. We urge you to vote yes on MeasureC.

BLANCA ALVARADOCHUCK REED
Chairperson, Board of SupervisorsChairperson, Charter Review Committee
 
JOANNE BENJAMIN
President, Santa Clara County Cities Association

Text for Measure C
New language to be added to the Charter appears in italics and language to be deleted is crossed over.


Amendments in Article III:

Section 301.2The Board of Supervisors shall:

(a) Adopt a statement of the goals of the county reflecting the quality and direction of the activities of county government for the enhancement of human and physical resources of the county. The board shall annually review the adopted goals and may modify them as necessary.

(b) Encourage cooperation among local public agencies both within Santa Clara County and the San Francisco Bay Area. When appropriate recommend and promote solutions to regional issues of mutual concern to Santa Clara County and other agencies.

(c) (b) Appoint, suspend, or remove subject to the provisions of this Charter the County Executive, County Counsel, Public Defender, Clerk of the Board of Supervisors, Chief of Correction, and members of boards and commissions.

(d) (c) Adopt an administrative code by ordinance which shall prescribe the powers and duties of appointive departments and officers and the procedures and rules of operation of all departments and officers of the county.

(e) (d) Provide for the number and compensation of all officers and employees.

(f) (e) Adopt such ordinances as may be necessary to establish and carry into effect the provisions of this Charter. 2Section 301: Amended and ratified by the Voters November 4, 1980; November 2, 1993; June 6, 1998.


Amendments in Article V:

Section 507. The Board of Supervisors, by ordinance, shall establish an Intergovernmental Council, broadly representative of the public agencies within the county. The ordinance shall provide for the number of members, the manner of appointment, the term of office, the qualifications of members, the remuneration, if any, of members, and any other necessary provisions. The ordinance may provide for weighted voting.

The Intergovernmental Council shall develop improved cooperative relationships among local public agencies. It shall assist in identifying and recommending solutions to problems requiring joint jurisdictional action. It shall study and recommend needed functional consolidation of services. It may make recommendations to regional agencies whose jurisdiction includes Santa Clara County. The Board of Supervisors, by ordinance, may assign other duties to the council consistent with this Charter.

The council may appoint subcommittees on projects related to its functions which may be composed of representatives of public agencies, private volunteer groups, and public members to study and make recommendations to the council.

The Board of Supervisors shall budget funds for the work of the council. It may, by ordinance, establish a staff for the council and fix its compensation. The Ordinance may provide for the manner of appointment of the staff and it may provide that the staff is a part of the unclassified service. The council may receive grants or assistance from other public agencies provided such grants or assistance are approved by the Board of Supervisors.

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Created: February 16, 1999 18:55
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