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SR-11-G (4) -". e e JIG- ~ NOV '; ') :~H:~O CA:SSS:bl 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"). /I~ t.~ ....'\. 'J c.. - (.~\ 1'iv'l .::, ~. ~ e e 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 -2- It e CA:SSS:bl 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 Ja, r;~ . . e e ADOPTED AND APPROVED THIS 26th DAY OF November ~ 1980. tt/ /"") . f:;!tt {/'7 ~ ~.f '. / ~1A'yOR l:Ja/u~~~~ .~ 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: aWl )7 76d/(d-f-Q... CITY CLERK