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Mayor Hosterman stated the Council must go through appointments and reappointments of Councilmembers to various Committees and Commissions. Councilmembers must recuse themselves and leave the Chamber until they are re-appointed. City Attorney Jonathan Lowell provided background on the Fair Political Practices Commission (FPPC) promulgates regulations that interpret the Political Reform Act which governs conflicts of interests. In 2005, the FPPC promulgated a regulation intended to govern a Councilmember appointing his/her spouse to a commission where there is a stipend provided. The language was broader and the FPPC brought it up in a letter ruling 6 weeks ago, and City Attorneys, City Clerks, and other public lawyers must address this. In the ruling, the FPPC pointed out that if a Council is appointing one of its members to serve on some other Board or Commission and if that Councilmember is receiving payment to serve on that other Board and Commission and if the stipend amounts to $250 or more annually, that Councilmember cannot participate in his/her appointment. The list of regional appointments is extensive and five have been identified where stipends are received. Where there only a member and an alternate, the nomination can be considered, the member and alternate need to quickly leave the room, others vote and then the member and alternate can return. There are three committees where there are two members and one alternate. Three members cannot recuse themselves and three are needed to take a vote. In this instance, the Councilmember must chose a card and whoever draws the ace will be able to participate. Alameda County Waste Management Authority: Councilmember Sullivan as member and Councilmember Thorne as alternate. Ayes: Councilmembers Cook-Kallio, McGovern, Mayor Hosterman Noes: None Rescused: Councilmembers Sullivan and Thorne Alameda County Congestion Management Agency: Mayor Hosterman as member and Councilmember Cook-Kallio. Ayes: Councilmembers McGovern, Sullivan, Thorne Noes: None Recused: Councilmember Cook-Kallio and Mayor Hosterman Valley Water Retailers: Mayor Hosterman and Councilmember Sullivan as members and Councilmember Thorne as alternate. After discussion, the Council determined that a stipend was never received and took no vote. Livermore-Amador Valley Transit Authority: Councilmembers McGovern, Thorne, and Sullivan as members. Councilmember Thorne pulled the ace and participated in the vote. Ayes: Councilmembers Cook-Kallio, Thorne, Mayor Hosterman Noes: None Recused: McGovern and Sullivan Livermore-Amador Valley Water Management Agency: Councilmember Sullivan and Councilmember Thorne as members and Councilmember Cook-Kallio as alternate. Councilmember Cook-Kallio pulled the ace and participated in the vote. Ayes: Councilmembers Cook-Kallio, McGovern, Mayor Hosterman Noes: None Recused: Councilmembers Sullivan and Thorne City Council Minutes Page 17 of 18 December 6, 2011