HomeMy WebLinkAboutItem 8.3 - 1293 Mayor’s Appointments of Planning Commission
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STAFF REPORT
CITY COUNCIL
DATE: January 10, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Mayor’s Appointments of Planning Commissioners and Potential Changes
to Appointment Process
Prepared by: John D. Bakker, City Attorney
EXECUTIVE SUMMARY:
At the December 20, 2016 meeting, the City Council considered the Mayor’s
appointments to various commissions, including the Planning Commission. After
approving the balance of the appointments, the City Council asked that the City
Attorney provide the City Council with information regarding the City Council’s options
for changing the process for making appointments to the Planning Commission. This
item includes the requested information and in addition gives the City Council the
opportunity to act on the Mayor’s appointments to the Planning Commission.
STAFF RECOMMENDATION:
Receive the report, and consider the Mayor’s appointments to the Planning Commission
or provide other appropriate direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At the December 20, 2016 meeting, the City Council considered the Mayor’s
appointments to various City Commissions and Committees. The City Council approved
all of the appointments except those to the Plannin g Commission. The City Council
asked for additional information concerning the options the City Council has to change
the process for appointments to the Planning Commission. As indicated in the Staff
Report at the December 20, 2016 meeting (Attachment 1 ), the Mayor is recommending
the appointment of Mona Lisa Ballesteros, Amit Kothari, and Stephen Wright.
Background on Planning Commission Appointments
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State law provides that each city must have a planning agency that is responsible for
carrying out certain planning related functions. The City Council may act as the planning
agency, or the City Council may create a separate planning commission to act as the
planning agency. If the city council establishes a separate planning commission, the city
council “shall specify the membership of the commission.” (Gov. Code § 65101(a).) In
general law cities where the office of mayor is an elective office, “the mayor, with the
approval of the city council, shall make all appointments to boards, commission, and
committees unless specifically provided by statute.” (Gov. Code § 40605.)
The Attorney General has issued an opinion advising that these statutes provide a
directly elected mayor of a general law city (as is the case in Dublin) with the sole
authority to make appointments to the city’s planning commission, subject to the
approval of the city council. (89 Ops. Cal. Atty. Gen 178 (2006).) The city council’s
power to “specify the membership of the commission” gives a city council the authority
to establish “the number and status of the various members, whether regular members,
alternate members, ex officio members, or the like,” but does not diminish the mayor’s
appointment authority in any manner. (Id.)
Given the Mayor’s sole authority to make appointments to the Dublin Planning
Commission, the City Council may not adopt an appointment process that transfers the
Mayor’s appointment authority to the City Council at large, or to any other individual. For
example, at the December 20 City Council meeting, there was some discussion about
creating a process whereby the City Manager would review all applications, and select a
limited number from the pool of applicants to be interviewed by the full City Council,
prior to the Mayor making the final appointments. State law prohibits this type of
process, since it restricts the Mayor to appointing applicants pre-selected by the City
Manager.
City Council Options
The City Council has three options for the Planning Commissioner appointment
process.
1. Approve or Reject the Mayor’s Appointments.
State law and the Municipal Code provide that the Mayor’s appointments are subject to
the approval of the City Council. Accordingly, the City Council may reject an
appointment made by the Mayor. If the City Council rejects an appoi ntment, the Mayor
may make another appointment, until an appointment is approved by the City Council.
The City Council does not need to vote on the Mayor’s appointments as a group and
may vote to approve or reject each one of the appointments individually. Additionally,
the City Council may choose to approve one or more of the Mayor’s pending
appointments but subject future appointments to the processes described below.
2. Interview the Mayor’s Appointments.
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Prior to deciding whether to approve or reject the Mayor’s appointments, the City
Council may interview the selected individuals. The interviews can occur at a regular or
special meeting of the City Council. Performing these interviews is consistent with
California law, since it does not diminish the Mayor’s appointment authority. It would
simply be part of the City Council’s consideration of approving or disapproving the
appointments.
3. Establish Specific Qualifications for Planning Commissioners.
As referenced above, California law allows the City Council to “specify the membership
of the commission.” While the relevant sections of state law do not define precisely what
“specify the membership” means, it is reasonable to conclude that the City Council has
the authority to establish criteria or qualifications for serving on the Planning
Commission. For example, the City Council may establish a requirement that all
applicants have previously attended a meeting of the Planning Commission. The City
Council may also choose to establish criteria f or the Planning Commission as a whole,
for example, by requiring at least one member of the Commission to be a licensed
architect. If the City Council desires to establish criteria for service on the Commission,
the City Council must adopt an ordinance ame nding the Municipal Code to incorporate
the selected criteria. If criteria are adopted, the Mayor would be required to appoint
individuals that meet the qualifications. Note, certain specific criteria, such as a
requirement that applicants must have lived in the City for an extended period of time
prior to appointment, may be prohibited by state or federal law.
Appointment Processes in Other Communities
As a general law city with a directly elected mayor, Dublin is in a different situation t han
most other neighboring cities. In general law cities without a directly elected mayor,
state law does not require that the Mayor make all appointments; the appointments are
made by the City Council directly. Similarly, charter cities, such as San Ramon and
Hayward, are not governed by the provisions of state law and can adopt their own
processes for appointing commissioners. We were unable to find any general law cities
with directly elected mayors in either Alameda or Contra Costa Counties that have
adopted criteria for service on the city’s planning commission or that require applicants
to undergo interviews.
Please note, that while the terms of certain planning commissioners ended at the end of
December 2016, the Dublin Municipal Code provides that c ommissioners with expiring
terms shall serve until their successors are appointed. (DMC § 2.12.020(A).)
Accordingly, those commissioners whose terms expired in December 2016, and who
have not otherwise resigned or forfeited the office, may continue to serve until the City
Council approves the Mayor’s new appointments.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
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None.
ATTACHMENTS:
1. December 20, 2016 Staff Report on Mayor’s Appointments to City Commissions and
Committees
4 OF
STAFF REPORT
r CITY COUNCIL
DATE: December 20, 2016
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: City Council Organization /CommitteeAppointments /Assignments
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
Each member of the City Council represents the City of Dublin on various local and
regional Boards /Committees /Commissions. The City Council will consider confirming
the Mayor's proposed appointments.
STAFF RECOMMENDATION:
Confirm the Mayor's Appointment/Assignment List and direct Staff to notify affected
agencies, as appropriate.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Individual members of the City Council represent the City of Dublin on various local and
regional boards, committees and commissions. A fully updated appointment list was
last considered and approved in December 2014, following the November election, with
subsequent minor adjustments when necessitated by conflicts in City Councilmember
calendars.
This year, two committees have been included on the list: the Economic Development
Committee, and the Federal and Military Communities Committee, which meet on a
regular schedule. In past years, the City Council handled these appointments separately
from this list. Not all organizations or committees meet on a regular basis.
The following meet on an as needed basis: Dublin San Ramon Services District Liaison
Committee, Dublin Unified School District Liaison Committee, East Bay Regional Park
District Liaison Committee, Livermore City Liaison Committee, Pleasanton City Liaison
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Committee, San Ramon City Liaison Committee, Tri- Valley Affordable Housing
Committee, and the Zone 7 Liaison Committee.
It should be noted that Ad Hoc Committees, those committees with limited time frames,
are not included on this list. Appointments to those committees will be made through
separate agenda items at the appropriate time.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Noticing not required.
ATTACHMENTS:
1. Proposed City Council Appointment/Assignment List 2016
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CITY OF DUBLIN
MAYOR'S APPOINTMENVASSIGNMENT LIST
Proposed 12/20/16
COMMITTEE
Alameda Co. Fire Department Advisory Commission Hernandez (Gupta — Alternate)
Alameda County Housing Authority Biddle (Confirmed by Alaco Board of supmisors)
Alameda County Library Advisory Commission Goel (Hernandez - Alternate)
Alameda County Mayors' Conference Haubert
Alameda County Transportation Commission Haubert (Biddle - Alternate)
Alameda County Waste Mgmt Authority JPA Biddle (Hernandez - Alternate)
Association of Bay Area Governments General Assembly Biddle (Gupta - Alternate)
DSRSD Liaison Committee Haubert & Biddle
Dublin Pride — Integrity in Action Goel (Hernandez - Alternate)
Dublin Unified School District Liaison Committee Haubert & Biddle
East Bay Division /League of CA Cities i Biddle (Hernandez - Alternate)
East Bay Regional Park District Liaison Committee Biddle & Goel
Economic Development Committee Haubert & Gupta
Federal and Military Communities Committee Biddle & Hernandez
League of CA Cities Voting Delegate & Alternate Biddle (Hernandez - Alternate)
Livermore - Amador Valley Transit Authority JPA Haubert & Biddle (Gupta - Alternate)
Livermore City Liaison Committee Haubert & Gupta
Pleasanton City Liaison Committee lwk Haubert & Goel
San Ramon City Liaison Committee Haubert & Goel
Sister City International Committee Goel & Hernandez
Tri- Valley Affordable Housing Committee Biddle (Hernandez - Alternate)
Tri - Valley Transportation Council Biddle (Haubert — Alternate)
Zone 7 Liaison Committee Haubert & Biddle
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