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Consideration Items
Item No. 1.
| MEETING DATE: 12/19/2022 |
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| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Rhonda J. Barone, CMC, Assistant City Clerk |
| SUBJECT: | CITY COUNCIL REORGANIZATION AND APPOINTMENTS TO GOVERNMENTAL AGENCIES, AUTHORITIES, AND OUTSIDE BOARDS
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RECOMMENDATION:
That the City Council consider and elect/appoint:
A. Mayor for a one-year term (December 2022-December 2023);
B. Mayor Pro Tem for a one-year term (December 2022-December 2023);
C. Chair and Vice Chair for the Successor Agency to the La Habra Redevelopment Agency for a one-year term (December 2022-December 2023);
B. Mayor Pro Tem for a one-year term (December 2022-December 2023);
C. Chair and Vice Chair for the Successor Agency to the La Habra Redevelopment Agency for a one-year term (December 2022-December 2023);
D. Chair and Vice Chair for the Civic Improvement Authority for a one-year term (December 2022-December 2023);
E. Chair and Vice Chair for the Housing Authority for a one-year term (December 2022-December 2023);
F. Delegate Representative to the Orange County Mosquito and Vector Control District for a two-year or four-year term;
G. Delegate and Alternate Representative to the Orange County Sanitation District for a one-year term (December 2022-December 2023);
H. Delegate and Alternate Representative to the Southern California Association of Governments (SCAG) for the purposes of voting in SCAG General Assembly meetings to be held in 2023;
I. Two Councilmembers to serve on the Internal Audit Committee for a one-year term (December 2022-December 2023);
J. Delegate and Alternate Representative to the Orange County Library Advisory Board for a two-year term (December 2022-December 2024);
K. Appointment by the Mayor of one Councilmember to serve on the Emergency Preparedness Council as Vice Chair for a one-year term (December 2022-December 2023); and
L. One Citizen-At-Large vacancy on the La Habra Rewards Fund Committee with an indefinite term.
DISCUSSION:
REORGANIZATION
Pursuant to Municipal Code Section 2.12.010, the City Council shall elect a Mayor and a Mayor Pro Tem from its own membership, who will serve a one-year term or until such time as a new Mayor or new Mayor Pro Tem is elected, respectively. Such election shall occur at the City Council meeting that is held on the third Monday of each December.
A. ELECTION OF MAYOR (December 2022 - December 2023)
B. ELECTION OF MAYOR PRO TEM (December 2022 - December 2023)
CITY COUNCIL APPOINTMENTS TO GOVERNMENTAL AGENCIES AND AUTHORITIES
Members of the City Council also serve as Directors of the City of La Habra Agency and Authorities listed below. Since the adoption of Ordinance No. 1831 by City Council on March 1, 2021, Directors elect a Chair and Vice Chair at the City Council meeting held on the third Monday of each December.
Each City Councilmember receives a stipend of $500 per month, while each Housing Authority Member may receive $50 per meeting not to exceed four (4) meetings per month. Members of the Successor Agency to the Redevelopment Agency of the City of La Habra, La Habra Civic Improvement Authority, and La Habra Utility Authority do not receive a stipend.
C. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY - 1-YEAR TERM
Councilmember Simonian currently serves as Chair and Mayor Pro Tem Gomez currently serves as Vice Chair. The current one-year term expires December 2022.
D. CIVIC IMPROVEMENT AUTHORITY - 1-YEAR TERM
Councilmember Nigsarian currently serves as Chair and Councilmember Espinoza serves as Vice Chair. The current one-year term expires December 2022.
E. HOUSING AUTHORITY - 1-YEAR TERM
Mayor Pro Tem Gomez currently serves as Chair and Councilmember Simonian serves as Vice Chair. The current one-year term expires December 2022.
UTILITY AUTHORITY - 1-YEAR TERM
Per its adopted by-laws, the Mayor and Mayor Pro Tem automatically serve as the Chair and Vice Chair of the La Habra Utility Authority.
APPOINTMENTS OF DELEGATE AND ALTERNATIVE REPRESENTATIVES TO OUTSIDE GOVERNMENTAL AGENCIES
The following City Council appointments as delegate and alternate representatives to various governmental agencies have traditionally been made at the first regular City Council meeting in December, or at a City Council meeting in which the newly elected Councilmembers are sworn in.
The California Code of Regulations Section 18705.5 allows councilmembers to make, participate in making, or use their position to influence such a decision if certain conditions are satisfied. To meet this regulation and allow councilmembers to participate in their own appointment process, on December 3, 2012, the La Habra City Council adopted Fair Political Practices Commission (FPPC) Form 806 and directed staff to post the document on the City's website. FPPC Form 806 sets forth each appointed position for which compensation is paid, the salary or stipend for each appointed position, the name of the councilmember who has been appointed to the position, the name of the public official, if any, who has been appointed as an alternate, and the term of the position. FPPC Form 806 has been posted and maintained on the City website as required by law.
F. ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT (2-YEAR OR 4-YEAR TERM)
Mayor Pro Tem Gomez currently serves as the City’s delegate to the Orange County Mosquito and Vector Control District (OCMVCD) and there is no requirement to select an alternate. The current four-year term expires December 2022. Health and Safety Code Section 2024 allows the delegate to serve for a term of two or four years, at the discretion of the appointing authority. Historically, the City’s OCMVCD delegate has been appointed for two-year term, with the exception of 2018, when Councilmember Gomez was appointed to a four-year term. OCMVCD Delegate receives $100 per attended board meeting in-lieu of payment for mileage, as noted in Health and Safety Code Section 2030.
G. ORANGE COUNTY SANITATION DISTRICT (1-YEAR TERM)
Councilmember Espinoza currently serves as the City’s delegate to the Orange County Sanitation District (OCSD), with Councilmember Simonian serving as alternate. The current one-year term expires December 2022. Health and Safety Code Section 4730.65 allows the appointment of any member of the City Council to serve on the OCSD Board. The delegate shall receive $212.50 for each day of service attending meetings, not to exceed six (6) days of service per month; however, if the delegate is appointed as Chair by the OCSD Board, the stipend may be paid for up to 10 days of service per month.
H. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS(1-YEAR TERM)
Councilmember Espinoza currently serves as the City’s delegate to the Southern California Association of Governments (SCAG) for the General Assembly meetings, with Mayor Medrano serving as alternate. Each member city shall have one (1) official representative and one (1) alternate in the General Assembly for purposes of voting in the General Assembly meetings. Historically, SCAG Annual General Assembly Meetings are held in the early part of each calendar year. The delegate for this board does not receive a stipend and/or salary.
I. INTERNAL AUDIT COMMITTEE (1-YEAR TERM)
The current appointees to the Internal Audit Committee (IAC) are Mayor Pro Tem Gomez and Councilmember Nigsarian. The IAC meets when necessary with the City Manager, Finance Department staff, and representatives from the City's independent external auditors, who present and discuss annual required audit communications. In addition, the auditors may meet independently with the committee to understand how the City Council exercises oversight of management processes, identifies and responds to potential fraud risks, and review the internal fiscal controls to mitigate these risks. The City Council's past practice has been to appoint the Mayor and Mayor Pro Tem to serve as members of the audit committee; however, the City Council may choose to appoint any councilmember to the IAC. IAC members do not receive a stipend and/or salary.
J. ORANGE COUNTY LIBRARY ADVISORY BOARD (2 YEAR TERMS)
Councilmember Simonian currently serves as Delegate; Councilmember Espinoza serves as Alternate. The current two-year term expires December 2022. It is recommended that a Delegate and Alternate be appointed for two-year terms, ending December 2024. The delegate for this Board does not receive a stipend and/or salary.
K. EMERGENCY PREPAREDNESS COUNCIL (1 YEAR TERM)
La Habra Municipal Code Section 2.523.030 provides that the Mayor shall serve as the Chair of the Emergency Preparedness Council (EPC), and one additional member of the City Council, as appointed by the Mayor, shall serve as the Vice Chair. Councilmember Simonian currently serves as the EPC Vice Chair for a one-year ending December 2022. The EPC meets quarterly and members do not receive a stipend and/or salary.
L. LA HABRA REWARDS FUND COMMITTEE (INDEFINITE TERM)
There is currently one Citizen-at-Large vacancy on the La Habra Rewards Fund Committee (RWC). Pursuant to City Council policy, the RWC is composed of the Mayor and Mayor Pro Tem serving as City Council representatives, as well as one member from the Executive Management Staff appointed by the City Manager, currently Chief of Police Foster, and two (2) members from the public appointed by City Council.
The City Council appointed Ron Woodward as one of the RWC’s community members in January 2019, and subsequently appointed Daren Nigsarian to the RWC in 2021. However, in light of Councilmember Nigsarian's subsequent appointment to the City Council in February 2022, the City Council is requested to appoint a second community member to the RWC.
Since its establishment in 1995, the RWC has met five times on an as needed basis. Although the RWC rarely meets, staff recommends that City Council review the appointments of the two members of the public, and either reappoint Ron Woodward, who has expressed a willingness to continue serving on the RWC, and select one additional member of the public to serve on the RWC, or appoint two new members from the general public.
As an alternative, in the event the City Council does not have a candidate in mind for appointment, City Council may choose to make no appointments to the RWC at this time and direct staff to seek applicants for consideration. In light of the fact that staff intend to return to the City Council in 2023 with specific recommendations for potential changes to RWC’s operational procedures, this may be the prudent action at this time. If the City Council adopts this recommendation, Mr. Woodward would continue to serve and the RWC would remain one community member short.
CITY SELECTION COMMITTEE
The City Selection Committee (CSC) is governed by Government Code Section 50270, which states that the membership of the CSC shall consist of the Mayor of each city within the County. Pursuant to Government Code Section 50271, in the event the Mayor is unable to attend a CSC meeting, he/she shall designate another member of the City Council to attend the meeting and vote as the Mayor's representative. The representative may vary from meeting to meeting. It is not necessary to appoint an alternate since the Mayor can designate an alternate on an "as needed" basis at his/her discretion. The delegate, as well as his/her designee, does not receive a stipend and/or salary for attending CSC meetings.
Pursuant to Municipal Code Section 2.12.010, the City Council shall elect a Mayor and a Mayor Pro Tem from its own membership, who will serve a one-year term or until such time as a new Mayor or new Mayor Pro Tem is elected, respectively. Such election shall occur at the City Council meeting that is held on the third Monday of each December.
A. ELECTION OF MAYOR (December 2022 - December 2023)
B. ELECTION OF MAYOR PRO TEM (December 2022 - December 2023)
CITY COUNCIL APPOINTMENTS TO GOVERNMENTAL AGENCIES AND AUTHORITIES
Members of the City Council also serve as Directors of the City of La Habra Agency and Authorities listed below. Since the adoption of Ordinance No. 1831 by City Council on March 1, 2021, Directors elect a Chair and Vice Chair at the City Council meeting held on the third Monday of each December.
Each City Councilmember receives a stipend of $500 per month, while each Housing Authority Member may receive $50 per meeting not to exceed four (4) meetings per month. Members of the Successor Agency to the Redevelopment Agency of the City of La Habra, La Habra Civic Improvement Authority, and La Habra Utility Authority do not receive a stipend.
C. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY - 1-YEAR TERM
Councilmember Simonian currently serves as Chair and Mayor Pro Tem Gomez currently serves as Vice Chair. The current one-year term expires December 2022.
D. CIVIC IMPROVEMENT AUTHORITY - 1-YEAR TERM
Councilmember Nigsarian currently serves as Chair and Councilmember Espinoza serves as Vice Chair. The current one-year term expires December 2022.
E. HOUSING AUTHORITY - 1-YEAR TERM
Mayor Pro Tem Gomez currently serves as Chair and Councilmember Simonian serves as Vice Chair. The current one-year term expires December 2022.
UTILITY AUTHORITY - 1-YEAR TERM
Per its adopted by-laws, the Mayor and Mayor Pro Tem automatically serve as the Chair and Vice Chair of the La Habra Utility Authority.
APPOINTMENTS OF DELEGATE AND ALTERNATIVE REPRESENTATIVES TO OUTSIDE GOVERNMENTAL AGENCIES
The following City Council appointments as delegate and alternate representatives to various governmental agencies have traditionally been made at the first regular City Council meeting in December, or at a City Council meeting in which the newly elected Councilmembers are sworn in.
The California Code of Regulations Section 18705.5 allows councilmembers to make, participate in making, or use their position to influence such a decision if certain conditions are satisfied. To meet this regulation and allow councilmembers to participate in their own appointment process, on December 3, 2012, the La Habra City Council adopted Fair Political Practices Commission (FPPC) Form 806 and directed staff to post the document on the City's website. FPPC Form 806 sets forth each appointed position for which compensation is paid, the salary or stipend for each appointed position, the name of the councilmember who has been appointed to the position, the name of the public official, if any, who has been appointed as an alternate, and the term of the position. FPPC Form 806 has been posted and maintained on the City website as required by law.
F. ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT (2-YEAR OR 4-YEAR TERM)
Mayor Pro Tem Gomez currently serves as the City’s delegate to the Orange County Mosquito and Vector Control District (OCMVCD) and there is no requirement to select an alternate. The current four-year term expires December 2022. Health and Safety Code Section 2024 allows the delegate to serve for a term of two or four years, at the discretion of the appointing authority. Historically, the City’s OCMVCD delegate has been appointed for two-year term, with the exception of 2018, when Councilmember Gomez was appointed to a four-year term. OCMVCD Delegate receives $100 per attended board meeting in-lieu of payment for mileage, as noted in Health and Safety Code Section 2030.
G. ORANGE COUNTY SANITATION DISTRICT (1-YEAR TERM)
Councilmember Espinoza currently serves as the City’s delegate to the Orange County Sanitation District (OCSD), with Councilmember Simonian serving as alternate. The current one-year term expires December 2022. Health and Safety Code Section 4730.65 allows the appointment of any member of the City Council to serve on the OCSD Board. The delegate shall receive $212.50 for each day of service attending meetings, not to exceed six (6) days of service per month; however, if the delegate is appointed as Chair by the OCSD Board, the stipend may be paid for up to 10 days of service per month.
H. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS(1-YEAR TERM)
Councilmember Espinoza currently serves as the City’s delegate to the Southern California Association of Governments (SCAG) for the General Assembly meetings, with Mayor Medrano serving as alternate. Each member city shall have one (1) official representative and one (1) alternate in the General Assembly for purposes of voting in the General Assembly meetings. Historically, SCAG Annual General Assembly Meetings are held in the early part of each calendar year. The delegate for this board does not receive a stipend and/or salary.
I. INTERNAL AUDIT COMMITTEE (1-YEAR TERM)
The current appointees to the Internal Audit Committee (IAC) are Mayor Pro Tem Gomez and Councilmember Nigsarian. The IAC meets when necessary with the City Manager, Finance Department staff, and representatives from the City's independent external auditors, who present and discuss annual required audit communications. In addition, the auditors may meet independently with the committee to understand how the City Council exercises oversight of management processes, identifies and responds to potential fraud risks, and review the internal fiscal controls to mitigate these risks. The City Council's past practice has been to appoint the Mayor and Mayor Pro Tem to serve as members of the audit committee; however, the City Council may choose to appoint any councilmember to the IAC. IAC members do not receive a stipend and/or salary.
J. ORANGE COUNTY LIBRARY ADVISORY BOARD (2 YEAR TERMS)
Councilmember Simonian currently serves as Delegate; Councilmember Espinoza serves as Alternate. The current two-year term expires December 2022. It is recommended that a Delegate and Alternate be appointed for two-year terms, ending December 2024. The delegate for this Board does not receive a stipend and/or salary.
K. EMERGENCY PREPAREDNESS COUNCIL (1 YEAR TERM)
La Habra Municipal Code Section 2.523.030 provides that the Mayor shall serve as the Chair of the Emergency Preparedness Council (EPC), and one additional member of the City Council, as appointed by the Mayor, shall serve as the Vice Chair. Councilmember Simonian currently serves as the EPC Vice Chair for a one-year ending December 2022. The EPC meets quarterly and members do not receive a stipend and/or salary.
L. LA HABRA REWARDS FUND COMMITTEE (INDEFINITE TERM)
There is currently one Citizen-at-Large vacancy on the La Habra Rewards Fund Committee (RWC). Pursuant to City Council policy, the RWC is composed of the Mayor and Mayor Pro Tem serving as City Council representatives, as well as one member from the Executive Management Staff appointed by the City Manager, currently Chief of Police Foster, and two (2) members from the public appointed by City Council.
The City Council appointed Ron Woodward as one of the RWC’s community members in January 2019, and subsequently appointed Daren Nigsarian to the RWC in 2021. However, in light of Councilmember Nigsarian's subsequent appointment to the City Council in February 2022, the City Council is requested to appoint a second community member to the RWC.
Since its establishment in 1995, the RWC has met five times on an as needed basis. Although the RWC rarely meets, staff recommends that City Council review the appointments of the two members of the public, and either reappoint Ron Woodward, who has expressed a willingness to continue serving on the RWC, and select one additional member of the public to serve on the RWC, or appoint two new members from the general public.
As an alternative, in the event the City Council does not have a candidate in mind for appointment, City Council may choose to make no appointments to the RWC at this time and direct staff to seek applicants for consideration. In light of the fact that staff intend to return to the City Council in 2023 with specific recommendations for potential changes to RWC’s operational procedures, this may be the prudent action at this time. If the City Council adopts this recommendation, Mr. Woodward would continue to serve and the RWC would remain one community member short.
CITY SELECTION COMMITTEE
The City Selection Committee (CSC) is governed by Government Code Section 50270, which states that the membership of the CSC shall consist of the Mayor of each city within the County. Pursuant to Government Code Section 50271, in the event the Mayor is unable to attend a CSC meeting, he/she shall designate another member of the City Council to attend the meeting and vote as the Mayor's representative. The representative may vary from meeting to meeting. It is not necessary to appoint an alternate since the Mayor can designate an alternate on an "as needed" basis at his/her discretion. The delegate, as well as his/her designee, does not receive a stipend and/or salary for attending CSC meetings.
FISCAL IMPACT/SOURCE OF FUNDING:
Each member of the City Council receives a stipend of $500 per month from the City General Fund. Housing Authority Directors are budgeted to receive $50 per meeting, not to exceed four (4) meetings per month ($200/month total), funded from the Housing Authority budget.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
This recommended action achieves the following elements of the La Habra General Plan:
ED 8
ED 9
This recommended action achieves the following elements of the FY2022-23 La Habra Goals and Objectives:
Goal 6A
Goal 6F
ED 9
This recommended action achieves the following elements of the FY2022-23 La Habra Goals and Objectives:
Goal 6A
Goal 6F