Sausalito ordinance lets nonresidents join economic committee

The ordinance resolves a conflict between the city’s previous practice of appointing nonresidents and its municipal code, while also giving business owners a voice on the panel.

Nonresidents of Sausalito can now serve on one of the city’s committees.

The City Council approved a new ordinance in a 3-2 vote authorizing up to five nonresidents to serve on the Economic Development Advisory Committee. The ordinance resolves a conflict between the city’s previous practice of appointing nonresidents and its municipal code, while also giving business owners a voice on the committee.

“I think it’s critical to acknowledge that our business community has always played a significant role in not only generating about half of our revenue that’s our general fund, but also our ongoing governance and discussion,” Councilmember Melissa Blaustein said at the council meeting on July 16.

Previously, the ordinance stated that all members of boards, committees and commissions had to be Sausalito residents at the time of appointment and for the duration of their terms. If the person moved outside city limits, the City Council could allow them to remain in their seats for up to six months while searching for a replacement.

Councilmember Jill Hoffman voted against the ordinance. She said there are plenty of business owners who are residents of Sausalito, and said that nonresidents could be part of a task force instead of changing the code.

Councilmember Janelle Kellman also voted against the ordinance. She feared it could be applied to other key advisory bodies, such as the Planning Commission.

Scott Thornburg, chair of the committee, said it has no authority and is only advisory. He said having longstanding business owners on the board is important, even if they are not residents of Sausalito. He also said that not having business owners, regardless of residency status, on the board would be “taxation without representation.”

“It’s crucial,” Thornburg said. “It is business owners that are invested, that are trusted entities in the community that want to give back to the community, and we should give them a voice, that is truly all we are doing here.”

Sergio Rudin, the city attorney, said the ordinance was first brought to the council in February when it was looking at candidates for the Economic Development Advisory Committee. In March, the draft was revised to only apply to the economic committee.

The new ordinance also allows anyone who is not a resident of the city to be a nonvoting liaison or adviser on any board, commission or committee.

Hoffman pointed out that when the City Council appointed three new members and one alternate to the committee in February, the appointments technically went against city code because some were not city residents.

“There was a conflict between the city municipal code and the resolutions that created EDAC, so my recommendation would be we resolve that conflict one way or another,” Rudin said.

Hoffman asked how that conflict affects any recommendations the advisory committee has made, specifically those requiring a vote, since those appointments went against city code. Rudin said they are only recommendations and it is up to the City Council to weigh them.

“I’m not sure it has a strong or meaningful legal effect,” Rudin said.

Terms for the 12-person advisory committee are three years, with a maximum of two terms. The residency requirement for all other boards, committees and commissions remains.

The new ordinance also allows the City Council to create a position for residents within the 94965 ZIP code to serve as nonvoting liaisons or advisers on boards, commissions or committees except for the Planning Commission and the Historic Preservation Commission.