Recommendation that City Council Establish a Procedure for Appointments to Regional Boards and Commissions, and Guidelines for How Appointees Reflect City Policy and City Council Directives.  (Councilmember Ezzy Ashcraft)
Nine A recommendation that the City Council establish a procedure for appointments to regional boards and commissions and guidelines for how appointees reflect city policy and city council directed. Then it was placed on the agenda at the request of members. Member Ashcraft. Thank you. Mary Spencer. So very simply, the city charter specifies the procedure for appointing members to our internal boards public utilities, civil service planning, social service, human relations, library and historical advisory boards. And I think we just added in. Well, no, we didn't quite. But we're going to contemplate adding another procedure for the rental rent review advisory committee, I feel. And in those cases, for all of our internal boards, the, the mayor nominates the appointees and then the, the council votes and the language is in the charter. But the charter, for whatever reason, is silent on the procedure for appointing representatives to our regional boards and commissions. For example, the Alameda County Transportation Commission Association of Bay Area Governments, a bag, Waste Management Authority, League of California Cities and so on. So although in some cases in League of California Cities is one of them, it's specifically mandated by the Regional Board how that appointment is made. But for the rest of those regional boards, the charter is silent and those boards are silent. My recommendation is we have talked about a rules committee being formed one of these days, and I think that this is something that the Rules Committee should look into. My recommendation would be that the same procedure applies for appointments to regional boards and commissions as applies to internal boards that the mayor makes his or her recommendation and the council votes on that, and that's how it's done. So that's part one. And then when it comes to representation on a regional board or commission, the and this is something that I've had some discussion with the city attorney about all those issues, stepped out of the room. But since actions taken by regional boards and commissions can have significant implications for the city, for example, our ability to secure funding for transit improvements or alleviate traffic congestion. And I think it's important that there be some guidelines that create a procedure for how the city's representative represents the will of the council or the, you know, guidance of the the city. If there's been a vote, for example, how that position is represented on these regional boards and commissions, and then for all of us who serve on these regional boards and commission a procedure to report back if we voted on some matter of civic significance to the city, what that vote is. So I'm not looking for a vote, you know, to create the procedure now. But it's something that I'd like both the Rules Committee, when we do establish a rules committee, I don't think we've done that yet to look into these appointments to regional boards. And I would like city attorney to bring back information for us. And I believe there is caselaw there is attorney general opinions and some other procedures that govern how a representative to a regional board represents the city on that regional board. The other member comments. Remember data on the two items. The first one my comment regarding. Nominating and placing persons on external boards. I think the straightforward way of just you had indicated the mayor nominates and if the the board so chooses the board can then vote on if. For the most part, I've never seen any controversy around that. I'm not I'm not sure that one needs a rules committee altogether. I think it's just you that do. It the way. We do. You meant the council, not the account. You said the board votes on it outside. The council account. Yes. So I think that's pretty straightforward. On the second item, as I sit on the California League of Cities. I'm more than happy to hear what other council members have to say. I myself, when I attend meetings, I live tweet so that if the public is so interested, they can follow. In the last meeting, for example, there was a vote where one member had wanted to expand the the work of the League of California Cities, Housing and Community Development to include specifically homelessness. What to do about that? And the Housing and Community Development Committee decided not to include homelessness as one of its work items. I, in fact, voted to include it. I was fine with including it. But, you know, certainly that's an instance when, you know, I'm making this decision on behalf of the city. So I have no qualms in. An American. Vice mayor. And I think lead California cities is a little bit different because it's not a taxpayer funded. I mean, cities fund it, but but the Waste Management Authority and the transit authorities are directed. Those are mandated taxes. And I think I served under a previous mayor. I think the prerogative of the mayor is to represent the city at these boards. And that I've seen, at least in my experience. At this at this level, I think it gives that he is the office that's representing there. But I do have expectations. I have expectations when I serve one or two times as an alternate staff recently on the agenda. And reminded me of which agenda items that were in the city's interest that we have had votes on, etc.. So I think that that partizan expectation I have and there's an expectation of a report back. And I think whatever liaison committee we have or whatever external committee that that usually happens in council communications. I think we have a lot on our plate. I. I have respect for the past practice. It seemed to work. And until I hear that, there's a problem. Think this is really a back burner item and at some point there is a problem, we can address it. But I think the issue of prepping and the issue of reporting back is how we how we manage this. And I'm not an informal way but in in a practice that seems to have served the. I'm ready. Thank you, Madam Mayor. My my feelings are pretty similar to what the vice mayor just expressed. You know, as far as part of the appointment, I mean that's I mean that's typically been the mayor's you know to the victor goes the spoils right. I mean. That's your job, your prerogative. And, you know, if somebody feels slighted, then, you know, try to make sure you have a relationship with the person who makes the appointments. I mean, I don't know what else to say about that one. The second one, you know, I'm a little bit concerned about, you know, the the direction, you know, given to us as we serve on these either as alternates or representatives and and making sure that, you know, we follow as our is we represent the city. So I would think that we represent the policies that have already been adopted by the city. So I would be concerned if, you know, somebody was representing a different policy at one of these regional boards. And I think that was kind of the the impetus for for this referral was to make sure that, you know, say, for instance, on Acts, you know, that if if we have spoken as a community and we have spoken as a council to be supportive of something that our our representative represents us, you know, same with Waste Management Authority, you know, a bag and so on. And then, you know, I know I've heard reports back from League of Cities, but, you know, I'm not recalling very many reports back out from from some of these other other regional boards and commissions. And I'd like to see something, you know, written down that, you know, there was a policy that, you know, we knew how we were directed to vote. And I you know, if the policy is that you agree to serve, then you agree to sit down with staff and go through the agenda. You know, maybe that's what it is. But I'd like to make sure that, you know, we're all fully briefed and fully prepped and that we're representing the city at these boards and commissions with the proper, you know, authority and proper positions. So so to address something, Mr. Councilmember, what you just said and the to the victor goes the spoils. And if someone feels slighted, I didn't bring this because I felt slighted. I not that I was appointed, but I didn't feel slighted. But my concern was simply that these regional bodies are significant to our city in many ways, not least of which has to do with funding streams. So I feel that those are decisions that the entire council as a body will be held accountable for. So I would at least like as much say in and it really is just maybe a formality, but at least it's a way of bringing it to the public. And, you know, we're all about transparency up here. So that just like tonight, we considered the representatives for this East Bay Regional Parks Liaison Committee, and the public could see it in the public could, you know, hear who the appointments were. And, and it was from a referral from council member Vice Mayor Matariki. So I'm just saying I think that we should treat all of our appointments equally. I think they're all equally important and I think the implications of our service on a regional bodies could be even greater than, say, the Historical Advisory Board, which would at least come before the council. And I do agree with Councilman Brody's assessment about the importance of having just some oversight, not oversight, some direction in policy. And this is something I was saying the city attorney and I have had conversations about. There is some. But when it comes to the representative of the city serving on a regional board and carrying out the the will of the council, the will of the city, there is, I believe, some attorney general opinions, some case law, some other procedure that could be spelled out for the council so that we're just not not only the council, but the public is clear about that. And I, I don't think it has to be very long and involved, but I would like to see that done. Thank you. So I would not support asking council to do more work at this time. I would support I agree with the member vice mayor's comments. On this entire item. And my only concern would be that the member that has brought this item served under the prior administration, and it's my understanding that this item was not brought at that time. And I do believe that the members of our council that serve on the Commission's report back on what I would consider issues significant to the city. And there are. So I support the prior practice in this entire regard. Their motion. I have one more comment. Vice Mayor I'd like to maybe address this to the Interim City Manager about the the assurance that when these regional bodies produce an agenda that someone has to attend, whether it's the primary or the alternate, that the practice is, I've been away for four years, but the practices that whether it's public works , whether it's but most of the time it was public works or whether it's planning and community development for a bag that there's there's a briefing, it's done. And I experience this with CMA that no longer exist. That the city engineer sat down with me and said there was the vote in 2006 and now it's coming before SEMA . And this is this is critical to the city to implement what we did. That's what I'm looking for. And is that something that happens? And can we be assured that it will continue? I'm not sure if it's happening right now. Um. So. Well, let me out. So you serve on a transit liaison committee. Do you receive a staff briefing for it? Usually a staff person comes and we talk before we go. And that first meeting got postponed till July, but. Yeah, so it sounds like you do all right. It hasn't happened yet. It did in the past. Okay. The May the April meeting was canceled, so there was nothing. So do we send a staff meeting with the council? You know, I don't know. I don't know. So how about. Me? You know, sometimes. Yes, sometimes not. Sometimes staff. Depending upon what the items are, staff does brief, for instance, on waste management. And there is a change here in regards to our delegate our primarily is on now member. But staff does brief the representative on that item and attend a meeting and is very is always available during the meeting. League of Cities Member If you and I were there, I don't think. Actually that it's Tony. Member Councilmember Desai is our representative. We just we attend the East Bay division meetings sometimes, but he's the actual. Sorry, I meant the annual conference. That's that we just attended. I don't think. Go. Oh, all right. Yes. And you're the representative to that one? Yeah. Okay. On that one, did you have staff? Staff. I don't know. So I think there are definitely sort of the thresholds of where when when staff attends and when they don't. And I think primarily it's when money is involved that we make sure that we're there. For example, waste management, particularly with rate increases. AC DC Obviously, I think that's absolutely critical, so. We'll find out. Mr.. That's right. Yeah. I think maybe the league California cities, you know, that's less of a I think I mean, if we have staff, I think that would be helpful. But it's also not as critical, I think, as the ones where there's money attached. Although I will just add that staff, of course, doesn't attend the closed session. Oh, right. Correct. And that's a good it's a good point. In regards to closed session, I'm not sure what report out we could do on items in closed session either. You know, I don't think that's a big deal usually. I mean, it's okay. Well, it probably depends on what the item was, but. But if it's in closed session, I don't think. It can report it to us. Yeah. Yeah, I think that's the way I think council as a body would want to know. All right, so. Does that satisfy you in regards to. Your concern? I think a little more clarification wouldn't hurt. I don't think that up until now, I don't think we need to set up a committee now. We I think we have to you know, we have to make sure sign signees set. I just want to make sure that the briefings are done and people are reporting out after. Right. Well, I think if I heard Councilmember Desai correctly, you said earlier, just do the appointments. I mean, the appointments are obviously all made. So this is going forward. Do them the way we do our internal bodies just, you know, bring them out so the public can in No. Two in the council can vote in. It's really a formality, but at least it's public. Yeah, I'm fine. I so that there would be a change to require. Council to approve as much as what you're asking the. As much as we do. Any other appointment you make, Madam Mayor. So I don't support any change, as has been the practice and precedents, far as I know for the history of our city. And I would see. And what what I recall from the previous mayor, Mary Gilmore, is that she actually pulled the different members of the council asking their interest in particular serving on particular bodies. And then she made the appointments. But she, you know, she please check with us. So we we knew where to put them. And then we got a list that was emailed to us showing us what our assignments were. So I'm just one it was just one of those areas where it was interesting to me that the the charter was silent about appointments to regional boards and commissions, and yet it prescribes the procedure for the internal ones. And again, to my point, I think the regional body parts are just as important to the public. And so, you know, I don't think we're asking for a major change. And just I just want to make sure to say for the League of California Cities, you do have to get voted. Exactly that, because. I think that's my impetus for this. I hear what you're saying, but. Do it like the league. Any other member comments? Mamelodi. Yeah, I'm not going to talk about the appointment process, but you know, just to echo the vice mayor directions and then that we also get some direction there, you know, on informing on what the city policy is in this area, if there is one. And if there isn't one, well, then great. Tell us there isn't one. I mean, that's that's really all I was asking for. Is there emotion? Hearing them moving. Well all our moves that we. Adopt the the recommendations that I've heard from. The. I think at least a majority that we use the same appointment procedure for regional boards and commissions as the League of California Cities prescribes in as we do for internal boards and commissions. And that we have some clarifications of what, if any, city policy we have towards with regard to representing city policy on a regional board and commission. And if we could bifurcate those two. Yeah, I'd like to move to to split the question on that. Okay. Okay. So the first one is establishing the procedure for appointments to regional boards and commissions. You're a second. I'll second because I don't think it will. All those in favor I others oppose. No, oppose. Abstain. But motion fails. Two in favor, two opposed and one abstention. The second part of the motion. The second part is to have the city attorney come back to us with guidelines on what, if any, city policy we have. Or what city policy we might consider toward. Representation of city policies on regional boards and commissions. Is there a second? I'll second that one. Any comment? All those in favor I. Pose. Pose. Abstention. And one abstention. Motion carries three in favor. One opposed and one abstention. Thank you. Next item. Ten Council Communications. And a consideration of Magu's nomination for appointment to the Golf Commission, the Public Art Commission and the Housing Authority Board of Commissioners.