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Consideration Items
Item No. 1.
MEETING DATE: 04/15/2024
 
TO: HONORABLE MAYOR AND COUNCILMEMBERS
 
FROM: JIM SADRO, CITY MANAGER
By:  Rhonda J. Barone, CMC, City Clerk
 
SUBJECT:
CONSIDER APPOINTMENT TO FILL THE VACANCY ON THE LA HABRA CITY COUNCIL AND CHAIR OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LA HABRA

RECOMMENDATION:


That the City Council consider and appoint:
A.  One individual to fill the vacancy on the La Habra City Council due to the resignation of former City Councilmember Steve Simonian; and,

B. One member of City Council to serve as Chair of the Successor Agency to the Redevelopment Agency of the City of La Habra, which was previously held by former City Councilmember Steve Simonian.

DISCUSSION:

At the Regular City Council Meeting of February 5, 2024, Councilmember Steve Simonian announced his resignation from City Council effective April 5, 2024, and subsequently provided written confirmation of such to the City Clerk's Office on February 7, 2024.  On February 20, 2024, City Council directed staff to advertise the expected vacancy in order to fill the seat by Council appointment through an application and interview process. Notices regarding the expected vacancy were posted at City Hall and the City Council Chamber, and were advertised on the City's website, Channel 3, social media, and in the Orange County Register. Applications were accepted by the City Clerk's Office until Thursday, March 7, 2024, at 6:00 p.m.     

At a Special Meeting held on April 1, 2024, City Council interviewed the following nine applicants:
  1. James (Jimmy) Andreoli II
  2. Guadalupe A. Vargas
  3. Patricia M. Hikida
  4. Carrie Surich
  5. Henry Madrid
  6. Minerva Sigüenza Gómez
  7. Thomas (Tom) Ludwinski
  8. Mohammad Raza
  9. Delwin Lampkin
 

It should be noted that one applicant, as well as the spouse of another applicant, currently serve on the Friends of the Children's Museum at La Habra (Friends) board.  Staff consulted with the City Attorney's office to determine if there would be a conflict of interest should either of those applicants be appointed to fill the expected vacancy on the La Habra City Council. 

The City Attorney's office provided the following guidelines:
  1. Regarding the candidate who is currently an officer on the Friends Board, that position would not present an “incompatible offices” problem since the candidate’s position with the Friends is not considered a public “office”.
  2. Regarding the candidate and the spouse of the other candidate that are both on the Friends Board, future City Council decisions, if any, that potentially affect the Friends could pose a potential conflict under the Political Reform Act the same way City Council decisions could affect a City Councilmember’s home or business. Further analysis by the City Attorney's office would be required should either applicant be appointed.
  3. With respect to any 1090 issues, service as a paid member (or a spouse of a paid member) of a nonprofit qualifies as a remote interest that allows recusal by the City Councilmember, while the remainder of City Council can still take action on a contract or agreement with the nonprofit. Specific to the Friends board, if the candidate (or the spouse of a candidate) is not compensated by the Friends, then the candidates need not recuse themselves since the Friends' mission directly supports the function of the City in its service to the public.
Staff recommends that City Council consider the appointment of one individual to fill the current vacancy on the La Habra City Council. If the City Council chooses to fill this vacancy by appointment, the term of office for an appointee would only extend until the end of former City Councilmember Simonian's current term, which is December 16, 2024. On that date the City Council will hold its annual reorganization and the newly elected City Councilmembers who successfully run in the November 2024 General Municipal Election for the three four-year seats (including the seat that former City Councilmember Simonian held) will be sworn-in to office to fill those seats for full-terms ending on December 18, 2028. Should the City Council choose not to appoint a candidate to fill the current City Council vacancy by June 4, 2024, the position will remain vacant until December 16, 2024, when newly elected City Councilmembers who successfully run in the November 2024 General Municipal Election will be sworn-in.

In addition, staff recommends that City Council appoint one member of City Council to serve as the new Chair of the Successor Agency, which was previously held by former City Councilmember Simonian. Councilmember Gomez currently serves as Vice Chair of the Successor Agency.

FISCAL IMPACT/SOURCE OF FUNDING:

City Councilmembers earn a stipend of $500 per month, which is a budgeted General Fund expense.  Successor Agency members do not receive a stipend.

GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:

ED 8
ED 9
 

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