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Home My WebLink AboutItem 7.2 Council Appointments to Boards (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 14, 1992 SUBJECT: Appointment of Council Representatives to Commissions, Committees and Boards 4- Report Prepared by Kay Keck, City Cler EXHIBITS ATTACHED: ■ Memorandum from City Attorney dated November 24, 1992 ■ List of Organizations on which Councilmembers currently serve RECOMMENDATION: 1) Review List of Appointments 2) Discuss and Make Changes as Appropriate P0114)3) Appoint Representatives to Open Positions Once discussion is complete, the Mayor should then announce the finalization of the list and a motion would be in order to approve the list. FINANCIAL STATEMENT: None DESCRIPTION: Government Code Section 40605 requires that the Mayor make all appointments to boards, commissions and committees with the approval of the City Council "unless otherwise specifically provided by statute" . Staff has reviewed the attached appointments list and eliminated those committees/boards that are no longer active or applicable. The list contains current assignments and openings as a result of former Cm. Jeffery's retirement. In order to develop a process for appointments to be made by the Mayor and approved by the City Council, Staff recommends that: 1) A list of all appointments will be presented to the City Council at a regular meeting following every November election. 2) The Council should discuss the list and make changes where appropriate. 3) Any open positions should be filled. 4) The Mayor should announce that the list has been finalized and recommend its approval. 5) The Council should vote for approval of the appointment list. The list will be maintained by the City Clerk and any additions/ deletions/changes to the list should be discussed at a regular meeting of the City Council. From a technical standpoint, the Mayor will request that the appointment item be placed on an agenda along with a recommendation to be voted upon by the City Council. ---------------------------------------------------------------- COPIES TO: ITEM NO. CITY CLERK FILE / / O 3 �• . , - CEIVED r N:OV 2 5 1992 MEYERS, NAVE, RIBACK & SILVER CITY n7- DUBLIN Michael R. Nave A Professional Law Corporation Peninsula Office Steven R. Meyers Elizabeth H. Silver Gateway Plaza 1220 Howard Avenue, Suite Michael S. Riback 777 Davis Street, Suite 300 Burlingame, CA 94010 4211 1 Clifford F. Campbell San Leandro, CA 94577 Telephone: (415) 34 8-7130 Michael F. Rodriquez Telephone: (510) 351-0300 Facsimile: (415) 342-0886 Kathleen Faubion Facsimile: (510) 351-4481 Frederick S. Etheridge Sonoma County Wendy A. Roberts David W. Skinner (707) 546 3126 Steven T. Mattas Of counsel: MEMORANDUM San andro Andrea J. Saltzman TO: Rich Ambrose, City Manager DATE: November 24, 1992 FROM: Elizabeth H. Silver, City Attorney RE: A ointment of Council Representatives to commissions r than the committees and boards othe Plannin Commission Commission and Senior Center Advisory Park and Recreation Committee Government Code Section 40605 requires that the Mayor make all appointments to boards, commissions and committees with the approval of the city council "unless otherwise specifically provided by statute. " The mayor will, thus, appoint members to committees which require appointment of a council member or member of the public. The specific statute should be consulted to determine whether the Mayor or the Council makes appointments to bodies such as ABAG and other regional bodies. If the statute states that the appointment is made by "the City of Dublin" it is my opinion that that means that a e mayor s if states that t he appointment i by "the City Council, " thenthat ointment. means that the full Council makes the app The City is party to several joint powers agreements (e.g. , Dougherty Regional Fire Authority, Congestion Management Agency, Waste Management Authority,of Transportation Council) which require e C appointment Dublin 3 Unless therstate statute members eating one or represent Y of 1The joint powers agreement creating the Dougherty Regional Fire Authority provides, in section 2.7, that the Council appoints three of its members to the Board of DRFA. The Congestion Management Agency Joint Powers Agreement provides in section 10(b) that "the governing body of each agency" shall appoint one member and an alternate. The Joint Powers Agreement for the Tri-valley Transportation Council provides, in section 4, that the member is appointed and serves at the pleasure of the City Council. The Joint Powers Agreement for Waste Management provides, in paragraph 8(b), that the "governing body of each Agency" shall appoint one member and one alternate to the Waste Management Board. i TO: Rich Ambrose, City Manager FROM: Elizabeth H. Silver, City Attorney RE: Directly Elected Mayor DATE: November 24, 1992 PAGE: 2 or authorizing such joint powers authority or body specifically states that the full council makes the appointment, I believe that the Mayor makes the appointments to these boards, commissions and committees with the approval of the Council. (Even if . the reference in section 40605 could be read to mean that the council makes appointments if the particular joint powers agreement refers to the council or governing body, the effect is virtually the same; the Mayor makes the appointment but must have two other votes for it to take effect, thus the appointment requires a majority of the council. ) I have surveyed several other general law cities that elect their mayor (Fairfield, Fremont, Livermore, Milpitas and Pleasan- ton) . Although the practice varies somewhat in all of these cities, the mayor makes all appointments to boards, commissions and committees with the council's approval. In conclusion, I suggest that the Council establish a procedure in its rules (1) for appointment of council represen- tatives to committees, commissions or boards, including council liaison committees, regional boards and commissions) ; and (2) for appointment of citizens to committees, commissions or boards other than the three permanent commissions. _ Very truly yours, MEYERS, NAVE, RIBACK & SILVER Elizabeth H. Silver City Attorney EHS:smn 114\memo\nov92\mayor.ehs ALPHABETICAL LIST OF APPOINTMENTS BY ORGANIZATION ORGANIZATION & COMMITTEE LISTING REPRESENTATIVE APPOINTING AUTHORITY Alameda County Housing Authority Burton Board of Supervisors Alameda County Library Advisory Commission Burton City Council Alameda County Local Agency Formation Comm Snyder (Alt) Mayors' Conference Alameda County Mayors' Conference Snyder City Council Alameda County Solid Waste Mgmt Auth JPA Moffatt (Alt) City Council Alameda County Solid Waste Mgmt Auth JPA Snyder City Council Alameda County Soviet Exchange Program Howard Ala Co Office of Educatn Alameda County Treatmnt of Cities Task Force Snyder City Council Altamont Pass Advisory Coalition Snyder City Council Association of Bay Area Governmts Gen' 1 Assy Moffatt City Council Association of Bay Area Governmts Exec Comm Snyder Mayors' Conference Audit Review Committee Howard City Council Audit Review Committee Moffatt City Council Business Task Force Burton City Council Business Task Force Snyder City Council Citizen/Organization of the Year Howard City Council Citizen/Organization of the Year Moffatt City Council City of San Ramon Liaison Committee City Council City of San Ramon Liaison Committee Snyder City Council Community Television Corporation Howard/Coleman City Council Congestion Management Authority Snyder City Council Congestion Management Authority (Alt) City Council ALPHABETICAL LIST BY ORGANIZATION . ORGANIZATION & COMMITTEE LISTING REPRESENTATIVE APPOINTING AUTHORITY Dougherty Regional Fire Authority Howard (Alt) City Council Dougherty Regional Fire Authority City Council Dougherty Regional Fire Authority Moffatt City Council Dougherty Regional Fire Authority Snyder City Council DSRSD Liaison Committee Burton City Council DSRSD Liaison Committee Snyder City Council Dublin Housing Authority City Council+2 Arroyo Vista Tenants N/A Dublin Information, Inc. Board of Directors City Council/City Mgr/Asst City Mgr N/A Dublin Unified School District Liaison Comm Howard City Council Dublin Unified School District Liaison Comm City Council Dublin Unified School District Advisory Comm (Alt) City Council Dublin Unified School District Advisory Comm Snyder City Council East Bay Division/League of CA Cities Howard (Alt) City Council East Bay Division/League of CA Cities Moffatt City Council East Bay Regional. Park District Liaison Burton City Council League of CA Cities Voting Delegate & Alt Mayor/Vice Mayor City Council Library Planning Task Force Burton City Council Livermore-Amador Valley Transit Auth JPA Burton (Alt) City Council Livermore-Amador Valley Transit Auth JPA City Council Livermore-Amador Valley Transit Auth JPA Snyder City Council ALPHABETICAL LIST BY ORGANIZATION . ORGANIZATION & COMMITTEE LISTING REPRESENTATIVE APPOINTING AUTHORITY Nominating Committee for Appointments Moffatt City Council Nominating Committee for Appointments Snyder City Council Random Access Network (RAN) Board Snyder Mayors' Conference Regional Water Quality Control Board Snyder Governor Tri-Valley Council City Council N/A Tri-Valley Transportation Council Burton (Alt) City Council Tri-Valley Transportation Council Moffatt City Council Zone 7 Liaison Committee Burton City Council Zone 7 Liaison Committee Moffatt City Council 12/92