DATE: October 7, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Benjamin L. Stock, City Attorney
DEPARTMENT: City Attorney
SUBJECT: CONSIDERATION OF WHETHER COUNCIL DESIRES TO
ESTABLISH POLICY TO REQUIRE THE MAYOR TO VOTE
ACCORDING TO COUNCIL DIRECTION WHEN VOTING ON
ITEMS FROM THE SAN MATEO COUNTY COUNCIL OF
CITIES/SELECTION COMMITTEE FOR REGIONAL
APPOINTMENTS; AND IF SO, PROVIDE DIRECTION TO STAFF
ON THE FORM OF THAT POLICY
RECOMMENDATION
It is recommended that the Council discuss and consider whether or not to adopt a policy to require the Mayor to vote according to Council when voting on items from the San Mateo County Council of Cities/Selection Committee (“City Selection Committee”) for regional appointments. If the Council is inclined to proceed with such a policy, the Council should, by Minute Order, provide direction to staff on the form of that policy.
EXECUTIVE SUMMARY
The Mayor of the City of Foster City serves on the City Selection Committee, which is comprised of Mayors from other cities in San Mateo County. The purpose of this City Selection Committee is to appoint representatives to boards, commissions, and agencies, as required by law. Currently, the Mayor does not receive direction from the Council to determine which candidates to vote for or against when the City Selection Committee is going to appoint a person to an available position.
On August 5, 2024, Vice Mayor Jimenez requested, and a majority of the Council supported, a future agenda item to consider whether or not to adopt a policy to require the Mayor to receive direction from Council and vote as directed by Council when voting on items from the City Selection Committee.
BACKGROUND
Pursuant to Government Code section 50270, in any county in which two or more cities are incorporated, a city selection committee is created for the purpose of appointing city representatives to boards, commissions, and agencies, as required by law. The membership of each city selection committee shall consist of the mayor of each city within that county.
In San Mateo County, the City Selection Committee is comprised of Mayors of all 20 incorporated cities/towns in San Mateo County. The City Selection Committee appoints people to the following boards, commissions, and agencies:
•Association of Bay Area Governments (ABAG)
•Bay Area Quality Management District (BAAQMD)
•California Identification System (CAL-ID)
•Domestic Violence Council (DVC)
•Housing and Community Development Committee
•Housing Endowment and Regional Trust (HEART)
•Local Agency Formation Commission (LAFCo)
•Metropolitan Transportation Commission (MTC)
•Peninsula Corridor Joint Powers Board (Caltrain)
•San Mateo County Transit District (SamTrans)
•San Mateo County Countywide Oversight Board
•Association of Bay Area Governments-Regional Planning Committee (ABAG- RPC)
ANALYSIS
At least two cities in San Mateo County (City of San Mateo and South San Francisco) generally require that the Mayor consult with the full Council before the City Selection Meetings or vote in a manner that is consistent with established policies or previously expressed Council consensus. Below are the relevant provisions from those cities relating to the Selection Committee:
City of San Mateo, City Council Rules and Procedures, pp. 8 and 37 “Chapter 4.Duties
….
2.Duties of Mayor
…D. To vote on behalf of the Council at regional meetings such as the San Mateo County Council of Cities/City Selection Committee, provided that the vote is not inconsistent with established policies or previously expressed Council consensus.
This is expected protocol for any Council Member who represents the City on any regional bodies.”
“Chapter 12.Council Liaison Roles
…
6. Council of Cities Appointments
A. In the case of appointments made by the regional Council of Cities - City Selection Committee, upon receipt of the City Selection Committee agenda packet listing all positions and nominees to be voted on, if time allows, the City Council may schedule a special meeting prior to the Council of Cities meeting to discuss and agree upon preferred appointees. This will allow the Mayor, or their proxy, to have clear direction on whom to vote for that reflects the best interest of the City. If scheduling a meeting is not practical, the Mayor and Deputy Mayor may confer on the vote. In the case of nominations from the floor at the City Selection voting meeting, the Mayor, or their proxy, will vote their conscience based on the feedback previously given by the City Council as a whole. In December, every year upon the Mayor’s rotation, a standing proxy shall be filled out and filed with the City Selection Committee for the year naming who may vote in the Mayor’s absence. The Deputy Mayor will be given first priority followed by any Council Member who has the most latitude and ability to attend the meetings.” City of South San Francisco, City Council Procedures and Protocols Handbook, p.10 “San Mateo Council of Cities/City Selection Committee
…
Before each Council of Cities meeting, the Mayor shall consult the City Council on the direction for the first vote for a position. On the first vote for a position opened and advertised and subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s designated representative which can be the (i.e., Mayor or Vice Mayor or the presiding officer indicated via a formal proxy) must vote in accordance with the City Council’s direction. All subsequent votes are left to the discretion of the designated representative. If the Mayor is not able to attend the monthly San Mateo Council of Cities/City Selection Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy by submitting a formal document and submitting, it to the county clerk of the board via the City Manager’s office. At these meetings, the Mayor, Vice Mayor or the most senior member of council (determined by election date) will introduce the council delegation attending and representing the city at these events/meetings.”
Since the Mayor is representing the City in serving on the City Selection Committee, it is within the Council’s discretion to establish a policy to require the Mayor to seek direction from the full Council before any vote of the City Selection Committee. This may however present practical challenges as the Mayor would need to first agendize a Council item in sufficient time before the City Selection Committee meets for a vote.
If the Council is inclined to adopt a policy requiring the Mayor to first seek direction from the Council, the Council will need to give staff direction on what form the policy should take. The Cities of San Mateo and South San Francisco have separate Council handbooks which contain a number of procedural and organizational standards. While the City Council does not have the same type of handbook, the Council could amend Chapter 2.08 of the Foster City Municipal Code, which is where the Council’s organizational and procedural standards are located, to include this requirement. Council could also adopt the policy via Resolution, which would be easier to adopt and amend than an ordinance. However, a stand-alone Resolution is oftentimes more difficult for the public and Councilmembers to locate than a code provision in the City’s Municipal Code.
California Environmental Quality Act
The item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.
FISCAL IMPACT
There may be some minor fiscal impact to the City if the Council directs staff to prepare an ordinance or resolution.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
None