SR-11-G (4)
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Councll Meetlng 11/25/80
Santa ~onlca, Callfornla
STAFF RSPORT
TO: Mayor and Clty Counc~l
FROM: Clty Attorney
SUBJECT: Appolntment of Me~ber to the ~etropolltan
Water Dlstrlct Board
On October 29, 1980, the C1ty Cauncll appolnted
~obert Gottlleb to be the Clty'S re?resentatlve to the Metro~o11tan
vJater Dlstrlct Board. City staff has been ln~ormed by the staff
of the Board that ap?Olntment of Mr. Gottl1eb lS not 1n conforn1ty
wit~ the prov1s1ons of the Metro?o11tan Water D1str1ct Act,
Water Code-AppendlX Sect10n 109-51, and apparently w1ll refuse
to seat Mr. Gottl1eb.
SeGtlon 51 of the Act prov1des as follows:
"T~e Board shall cons 1st of at least
one representatlve fron each member
publlC agency.
Such re?resentatlves
shall serve ',.athout compensatlon fror:1
the distrlct and shall be deslgnated
and appolnted by the ch1ef executlve
off1cer of the ffieQber publ1C agency
,n th the consent and approval of the
governlng body of the agency (hereafter
referred to as the "appo1nt1ng pO'ATer").
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Apparently, the ~1WD staff contends that s~nce
~1r. Gottl~eb was appo~nted by the Councll, rather than by the
Mayor, the appolntment lS not lD conformlty wlth the Act. The
C~ty appears to have two alternatlves:
1. TDe Mayor may apOolnt Mr. Gottlleb, and the
Councll may ratlfy the actlon.
2. The C~ty may flle a wr~t of mandate agalDst the
~WD to compel It to seat Mr. Gottl~eb.
Wh~le a legal Dosltlon that the Clty, wlth~D ltS home rule
powers, ought to be the sole Judge of the procedures by VhlCh ltS
Mw~ representatlve lS chosen appears merltorlous, the sl~pler and less
costly alternatlve appears ~o be for Mr. Gottlleb to be re-
appolnted to the MWD Board lD Ilteral conformlty wlth the
procedures speclfled In the Act. A form of resolutlon effectlng
such appolntnent lS attached.
PreDared by:
Stephen Shane Stark, Actlng Clty Attorney
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Countll ~eetlng 11/25/80 Santa Monlca, Ca11fornla
RESOLUTIOU NO. 6145
(Clty Cauncll Serles)
A ~ESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA Eo-IONICA A~PROVING THE APPOINT-
HE~oJ'I' OF ROBERT GO~TLIEB TO THE BOARD OF
Trr; :.lETROPOLITAN ~-vATER DISTRICT
WHEREAS, Pursuant to Sectlon 51 of the I1etropolltan
Water Dlstrlct Act, the Mayor of the Clty of Santa Monlca has
appolnted ROBERT GOTTLIEB to the I~etropolltan Water Distrlct
Board for a term explrlng on December 31, 1984; and
\~IEREAS, the Clty Caunell approved such apPolntwent,
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HE"R.EBY RESOLVE:
SECTIO~ 1. That the appointment of Robert Gottlleb
to the MetroDolltan Water Dlstrlct Board for a tern explrlng on
December 31, 1984, lS hereby ap~roved.
SECTION 2. That sald Robert Gottlieb shall serve untll
the eXplratlon of hlS ten~ and untll hlS respectlvc successor
15 appolnted and quallfled.
SECTIO~ 3. The Clty Clerk shall certlfy to the adoptlon
of thlS resolutlon[ and hence~orth and thereafter the same shall
be ln full force and effect.
APPROVED AS TO FOX1
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ADOPTED AND APPROVED THIS
26th
DAY
OF
November
~ 1980.
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I HEREBY CERTIFY THAT THE FOREGOING RESOLUTIONI
Ho. 6145 ~ WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON
Nove~her 26 1 1980 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Yannatta Goldway, Jennings, Reed,
Rhoden, Bambrick
NOES:
COUNe I U1EMBERS~+ ~one
ABSEnT:
COUNCILMEMBERS: Scott
ABSTAIfJ:
COUNCILMEMBERS; None
ATTEST:
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CITY CLERK