HomeMy WebLinkAboutStaff Report 2302-10286.Appointment of Council Member Stone to the Board of Directors of the Bay Area Water
Supply & Conservation Agency and the Bay Area Regional Water System Financing
Authority, for the term July 1, 2023 through June 30, 2027
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: March 20, 2023
Report #: 2302-1028
TITLE
Appointment of Council Member Stone to the Board of Directors of the Bay Area Water Supply
& Conservation Agency and the Bay Area Regional Water System Financing Authority, for the
term July 1, 2023 through June 30, 2027
RECOMMENDATION
Approve the appointment of Greer Stone to the Board of Directors of the Bay Area Water Supply
& Conservation Agency and the Bay Area Regional Water System Financing Authority, for the
term July 1, 2023 through June 30, 2027.
BACKGROUND/DISCUSSION
Governance of the Bay Area Water Supply & Conservation Agency (BAWSCA) and appointment
of directors are set forth in California Water Code Section 81335 et. sec. The four-year term of
Alison Cormack on the Board of Directors of BAWSCA and the Bay Area Regional Water System
Financing Authority (RFA) will end on June 30, 2023. Appointments to both agencies must
be made by action of the full Council at a public meeting. The term is four years and will expire
on June 30, 2027. The next BAWSCA Board meeting is currently scheduled for April 20, 2023, and
the next RFA meeting is scheduled for January 18, 2024
This appointment will become effective on July 1, 2023. If Director Cormack were to resign
sooner, the appointee would complete Director Cormack's unfinished term and would begin a
new four-year term on July 1, 2023. This appointment also enables the appointee to attend board
meetings with Director Cormack prior to the appointment becoming effective.
ATTACHMENTS
Attachment A: BAWSCA Appointment Letter
APPROVED BY:
Approved by: Dean Batchelor, Director Utilities
Staff: Karla Dailey, Acting Assistant Director of Utilities, Resource Management
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. Lydia Kou, Mayor
City of Palo Alto
250 Hamilton Ave.
Palo Alto, CA 94301
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 Kou,
The four-year term of Alison Cormack 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.
Lydia Kou, Mayor
January 26, 2023
Page 2 of 2
• 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 nsandkulla@bawsca.org if you have any
questions.
Sincerely,
Nicole Sandkulla
Chief Executive Officer/General Manager
cc via email:
Alison Cormack, BAWSCA Board Member
Karla Dailey, BAWSCA Water Management Representative
Lisa Bilir, BAWSCA Water Management Representative