155 Bovet Road, Suite 650 ⚫ San Mateo, CA 94402 ⚫ ph 650 349 3000 ⚫ fx 650 349 8395 ⚫ www.bawsca.org
January 26, 2023
The Hon. Lisa Gilmor, Mayor
City of Santa Clara
1500 Warburton Ave.
Santa Clara, CA 95050
Subject: Appointment of a Director to the Boards of the Bay Area Water Supply & Conservation Agency and the Bay Area Regional Water System Financing Authority
Dear Mayor Gilmor,
The four-year term of Karen Hardy on the board of directors of the Bay Area Water Supply & Conservation Agency (BAWSCA) will end on June 30, 2023, as will her term on the Bay Area Regional Water System Financing Authority (RFA). Action by your Council must be taken promptly.
The enabling acts for both special districts allow the city to reappoint its director for an unlimited number of terms or to appoint a new director at the end of each term. The appointment will be for a four-year term. While BAWSCA and RFA are special districts, they are not a Joint Powers Authority (JPA); therefore, the term and duty is independent of the appointee’s home agency.
Hence, whoever is appointed will have a term that ends on June 30, 2027.
The enabling acts for both special districts require that a vacancy on their boards be filled no later than 90 days from the date the vacancy occurs. However, we encourage your city to make the appointments before June 30, effective July 1, 2023, so that a quorum of both boards can be ensured.
Statutory qualifications:
• The appointee must be a resident of, and a registered voter in, the City. • The appointee may, but need not, be a member of your City Council.
Mechanics of the appointment process:
• The appointments must be made at a public meeting of the City Council and be properly agendized.
• The appointments must be made by action of the full City Council, rather than by unilateral action of the Mayor.
• The appointments do not need to be memorialized in a resolution; a motion duly passed and recorded in the minutes of the meeting is sufficient.
Lisa Gilmor, Mayor
January 26, 2023
• A copy of the record of the council actions making the appointment should be sent to BAWSCA. The oaths of office must be administered prior to the appointee’s first meeting as a director on the BAWSCA and RFA Boards.
The two questions most frequently asked about an appointment are:
• Should the appointee be an elected member of the appointing agency’s governing board?
• Should the same person be appointed to the boards of both agencies? Both of these are matters of policy left entirely to the discretion of your council. I offer the following observations, based on BAWSCA’s experience.
• The great majority of cities and districts which are participants in BAWSCA and the RFA do select a member of their governing body to serve on the BAWSCA and RFA boards.
One advantage of appointing a currently serving or former elected member of your council to the board is the stature that his or her presence gives BAWSCA in its dealings with San Francisco, regulatory agencies and legislators. Another is the familiarity and experience the appointee already has in addressing policy matters for the City. The governing body of each individual agency is, of course, in the best position to evaluate these, and other relevant considerations.
• With no exceptions, cities and districts have appointed the same individual to both the BAWSCA and RFA boards.
Appointing one person on both boards offers an advantage because, although the two special districts have distinct roles, they are closely related. The familiarity with the issues gained through service on one board will be useful in participating on the other.
Additionally, having the same person appointed to both boards assure greater continuity.
Please see that your council places this matter on an agenda for action by the end of June 30, 2023. I may be reached at (650) 349-3000 or [email protected] if you have any questions.
Sincerely,
Nicole Sandkulla
Chief Executive Officer/General Manager
cc via email:
Karen Hardy, BAWSCA Board Member
Gary Welling, BAWSCA Water Management Representative
Shilpa Mehta, BAWSCA Water Management Representative