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Consideration Items
Item No. 1.
| MEETING DATE: 01/16/2024 |
|
| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Rhonda J. Barone, CMC, City Clerk |
| SUBJECT: | CONSIDER EXPIRING TERMS AND VACANCIES ON THE PLANNING COMMISSION, COMMUNITY SERVICES COMMISSION, AND BEAUTIFICATION COMMITTEE AND PROVIDE DIRECTION TO STAFF
|
RECOMMENDATION:
That the City Council:
A. Reappoint eligible and interested Planning Commissioners and/or Community Services Commissioners who have expiring terms; or,
B. Direct staff to advertise vacancies on the Planning Commission, Community Services Commission, and Beautification Committee that will occur due to expiring terms or resignations, and schedule interviews with eligible candidates.
DISCUSSION:
Planning Commission
Current Planning Commissioners include:
On March 31, 2024, one four-year term and one one-year term for members of the Planning Commission will expire.
The La Habra Planning Commission was formed in accordance with Ordinance No. 138, adopted by City Council on November 15, 1949. The Commission consists of five members appointed by the Mayor, with the approval of City Council, and with staggered four-year terms. The Commission meets twice monthly, for a maximum of 24 times per year.
If the City Council chooses to proceed with a recruitment process, in addition to filling the two expiring Commission seats, staff recommends that City Council continue its past practice of selecting one or two alternates to the Planning Commission should additional Commission vacancies occur prior to the annual appointment process in 2025. Should an unscheduled vacancy occur, staff would contact the alternate(s) in the order of precedence established by the City Council to determine if the alternate(s) are willing and able to fill the vacant seat for the remainder of its term of appointment.
Planning Commissioner Stipend
Planning Commissioners currently receive a stipend of $100 per month. However, since its formation, Commission stipends have varied, as listed below:
Current Community Services Commissioners include:
The Community Services Commission, which is a consolidation of the City's original “Leisure & Cultural Services” and “Social Concerns Commission”, was formed in accordance with Ordinance No. 1151, adopted on November 17, 1981. As per the adoption of Ordinance No. 1840 by City Council on May 2, 2022, the Commission was reduced from seven members to five members, each with staggered three-year terms. The Commissioners meet once per month, but can meet up to 14 times per year, as they have additional meetings dedicated to the consideration of Community Development Block Grant (CDBG) funding allocation proposals.
The Community Services Commission currently has six formal subcommittees:
1. Community Development Block Grant
2. Child Development
3. Parks & Museums
4. Community Wellness & Social Services
5. Special Events
6. Youth Committee & Scholarships
The number of, and Commissioner assignment to, the subcommittees is determined by the Commissioners at their annual reorganization meeting.
If the City Council chooses to proceed with a recruitment process, in addition to filling the two expiring Commission seats, staff recommends that City Council continue its past practice of selecting one or two alternates to the Community Services Commission should additional Commission vacancies occur prior to the annual appointment process in 2025. Should an unscheduled vacancy occur, staff would contact the alternate(s) in the order of precedence established by the City Council to determine if the alternate(s) are willing and able to fill the vacant seat for the remainder of its term of appointment.
Community Services Commissioner Stipend
Community Services Commissioners currently receive a stipend of $50 per month. However, since its formation, Commission stipends have varied, as listed below:
Current Planning Commissioners include:
| COMMISSIONER |
INITIAL
APPOINTMENT DATE
|
MOST RECENT APPOINTMENT DATE |
DATE THAT CURRENT TERM EXPIRES |
| Michelle Bernier | 4/18/2016 | 6/1/2020 | 3/31/2024 |
| Maria Mahecha | 2/13/2023 | 2/13/2023 | 3/31/2024 |
| Esther Rojas | 7/12/2021 | 4/4/2022 | 3/31/2026 |
| Jason Manley | 4/15/2019 | 3/20/2023 | 3/31/2027 |
| Carrie Surich | 4/4/2022 | 3/20/2023 | 3/31/2027 |
On March 31, 2024, one four-year term and one one-year term for members of the Planning Commission will expire.
- Current Commissioner Michelle Bernier's four-year term is expiring. Commissioner Bernier has served on the Planning Commission since 2016 and has expressed an interest in reappointment.
- Current Commissioner Maria Mahecha had previously been selected by City Council to be an alternate to the Planning Commission and was appointed to the Planning Commission on February 13, 2023, to complete former Commissioner Manuel Munoz's four-year term, due to his resignation from the Commission. Commissioner Mahecha has served for nearly one year and has expressed an interest in reappointment to a full four-year term.
The La Habra Planning Commission was formed in accordance with Ordinance No. 138, adopted by City Council on November 15, 1949. The Commission consists of five members appointed by the Mayor, with the approval of City Council, and with staggered four-year terms. The Commission meets twice monthly, for a maximum of 24 times per year.
If the City Council chooses to proceed with a recruitment process, in addition to filling the two expiring Commission seats, staff recommends that City Council continue its past practice of selecting one or two alternates to the Planning Commission should additional Commission vacancies occur prior to the annual appointment process in 2025. Should an unscheduled vacancy occur, staff would contact the alternate(s) in the order of precedence established by the City Council to determine if the alternate(s) are willing and able to fill the vacant seat for the remainder of its term of appointment.
Planning Commissioner Stipend
Planning Commissioners currently receive a stipend of $100 per month. However, since its formation, Commission stipends have varied, as listed below:
- $75 per month, as per Resolution 1967 adopted on July 20, 1971.
- $100 per month, as per Resolution No. 3898 adopted on August 1, 1989.
- $50 per month, as per Resolution No. 5237, based on the Fiscal Year 2007-2008 Budget.
- $100 per month, based on the Fiscal Year 2008-2009 Budget.
- $50 per month, as per the June 17, 2019, City Council meeting, based on the Fiscal Year 2019-2020 Budget cuts.
- $100 per month, as per the August 19, 2019, City Council meeting.
- $90 per month, as per the June 15, 2020, City Council meeting, based on the Fiscal Year 2020-2021 Budget cuts.
Planning Commission Terms and Term Limits
On November 5, 1985, the City Council adopted a policy that established term limits for Planning Commissioners, allowing them to serve two four-year consecutive terms or a maximum of ten years.
On February 21, 1989, City Council adopted Ordinance No. 1351 that specified Planning Commissioner terms shall be for four years, expiring on March 31st and staggered, and that Community Services Commissioner terms shall be for three years, expiring on March 31st and staggered. Term limits were not established by this Ordinance and since the term limits were set by Council policy and not by an adopted Ordinance, it is the opinion of the City Attorney that City Council has the option to reappoint Commissioners to terms at its discretion.
Community Services Commission
On November 5, 1985, the City Council adopted a policy that established term limits for Planning Commissioners, allowing them to serve two four-year consecutive terms or a maximum of ten years.
On February 21, 1989, City Council adopted Ordinance No. 1351 that specified Planning Commissioner terms shall be for four years, expiring on March 31st and staggered, and that Community Services Commissioner terms shall be for three years, expiring on March 31st and staggered. Term limits were not established by this Ordinance and since the term limits were set by Council policy and not by an adopted Ordinance, it is the opinion of the City Attorney that City Council has the option to reappoint Commissioners to terms at its discretion.
Community Services Commission
Current Community Services Commissioners include:
| COMMISSIONER |
INITIAL
APPOINTMENT DATE
|
MOST RECENT APPOINTMENT DATE |
DATE THAT CURRENT TERM EXPIRES |
| Richard Rojas | 2/1/2021 | 4/4/2022 | 3/31/2024 |
| Teresa Kempker (resignation effective March 31, 2024) | 4/3/2017 | 4/4/2022 | 3/31/2024 |
| Gabriela Garcia | 4/15/2019 | 4/4/2022 | 3/31/2025 |
| Denise Schmidt | 4/15/2019 | 4/4/2022 | 3/31/2025 |
| Annette Guerra Limon | 3/20/2023 | 3/20/2023 | 3/31/2026 |
On March 31, 2024, two three-year terms for members of the Community Services Commission will expire.
- Current Commissioner Teresa Kempker has served since 2017 and has indicated that she is not interested in reappointment and has submitted her resignation from the Commission effective March 31, 2024.
- Current Commissioner Richard Rojas has served since February 2021 and is eligible for reappointment, and has expressed an interest in reappointment.
The Community Services Commission, which is a consolidation of the City's original “Leisure & Cultural Services” and “Social Concerns Commission”, was formed in accordance with Ordinance No. 1151, adopted on November 17, 1981. As per the adoption of Ordinance No. 1840 by City Council on May 2, 2022, the Commission was reduced from seven members to five members, each with staggered three-year terms. The Commissioners meet once per month, but can meet up to 14 times per year, as they have additional meetings dedicated to the consideration of Community Development Block Grant (CDBG) funding allocation proposals.
The Community Services Commission currently has six formal subcommittees:
1. Community Development Block Grant
2. Child Development
3. Parks & Museums
4. Community Wellness & Social Services
5. Special Events
6. Youth Committee & Scholarships
The number of, and Commissioner assignment to, the subcommittees is determined by the Commissioners at their annual reorganization meeting.
If the City Council chooses to proceed with a recruitment process, in addition to filling the two expiring Commission seats, staff recommends that City Council continue its past practice of selecting one or two alternates to the Community Services Commission should additional Commission vacancies occur prior to the annual appointment process in 2025. Should an unscheduled vacancy occur, staff would contact the alternate(s) in the order of precedence established by the City Council to determine if the alternate(s) are willing and able to fill the vacant seat for the remainder of its term of appointment.
Community Services Commissioner Stipend
Community Services Commissioners currently receive a stipend of $50 per month. However, since its formation, Commission stipends have varied, as listed below:
- $50 per month, as per the 2005 Warrant List approved by City Council.
- $25 per month, as per Resolution No. 5237, based upon the Fiscal Year 2007-2008 Budget.
- $50 per month, as per the Fiscal Year 2008-2009 Budget.
- $25 per month, as per the June 17, 2019, City Council meeting, based on the Fiscal Year 2019-2020 Budget cuts.
- $50 per month, as per the August 19, 2019, City Council meeting.
- $45 per month, as per the June 15, 2020, City Council meeting, based on the Fiscal Year 2020-2021 Budget cuts.
Community Services Commission Terms and Term Limits
On November 5, 1985, the City Council adopted a policy setting term limits for the Community Services Commissioners. The adopted policy stated that the Community Services Commissioners may serve three (3) consecutive terms of three years, or a maximum of 10 years.
On February 21, 1989, City Council adopted Ordinance No. 1351 that specified Planning Commissioner terms shall be for four years, expiring on March 31st and staggered, and that Community Services Commissioner terms shall be for three years, expiring on March 31st and staggered. Term limits were not established by this Ordinance and since the term limits were set by Council policy and not by an adopted Ordinance, it is the opinion of the City Attorney that City Council has the option to reappoint Commissioners to terms at its discretion.
On November 5, 1985, the City Council adopted a policy setting term limits for the Community Services Commissioners. The adopted policy stated that the Community Services Commissioners may serve three (3) consecutive terms of three years, or a maximum of 10 years.
On February 21, 1989, City Council adopted Ordinance No. 1351 that specified Planning Commissioner terms shall be for four years, expiring on March 31st and staggered, and that Community Services Commissioner terms shall be for three years, expiring on March 31st and staggered. Term limits were not established by this Ordinance and since the term limits were set by Council policy and not by an adopted Ordinance, it is the opinion of the City Attorney that City Council has the option to reappoint Commissioners to terms at its discretion.
Beautification Committee
The Beautification Committee was formed by Council action on May 1, 2000, in order to recognize and reward residents, businesses, and organizations who beautify their properties and contribute to the citywide beautification campaign. At that time, the Committee consisted of seven members, with three members appointed at the sole discretion of the Chamber of Commerce Board of Directors; one staff member appointed by the City Manager; and three citizens-at-large appointed by City Council. At its Regular Meeting of January 18, 2022, City Council unanimously voted to approve a reduction of the Beautification Committee from seven members to five; and on April 17, 2023, City Council voted to approve the establishment of staggered terms on the Beautification Committee with all future appointments made solely by the City Council.
The Beautification Committee functions on a stand-alone basis, is supported by Community Services staff, and receives oversight by the City Council. Committee members do not receive a stipend.
During calendar year 2023, there were 12 monthly Beautification Committee meetings scheduled, with one meeting subsequently canceled due to the Thanksgiving holiday. Of the remaining 11 meetings that were held, four meetings had to be canceled due to lack of a quorum since various committee members were unable to attend. At each of the remaining seven meetings held, at least one or two committee members were absent.
There is currently one vacancy on the Beautification Committee as a result of the December 31, 2023, resignation of former Committee Member Nicole Schmidt-Aiello. It is staff's recommendation that City Council consider dissolving the Beautification Committee and assigning its responsibilities, including the selection of the annual Fall-O-Ween and Light Up the Season award recipients, to the Community Services Commission. Should City Council choose to keep the Beautification Committee in place, staff can advertise for the one current vacancy or the City Council has the option to directly appoint an individual to that vacant seat.
The City Council has the option to directly appoint or reappoint qualified individuals to the Planning Commission, Community Services Commission, or Beautification Committee or can direct staff to advertise vacant and alternate seats and then schedule applicant interviews with the City Council. In the event the City Council directs staff to advertise and schedule interviews, Council interviews will be tentatively scheduled prior to the City Council meetings on March 4 and March 18 (if needed), and City Council could consider Commission/Committee appointments at its Regular Meeting on April 1, 2024.
Current Beautification Committee members include:
| COMMITTEE MEMBER |
INITIAL
APPOINTMENT DATE
|
MOST RECENT APPOINTMENT DATE |
DATE THAT CURRENT TERM EXPIRES |
| Carol Nigsarian | 4/4/2016 | 4/4/2016 | 3/31/2025 |
| Sammy Kotob | 6/7/2021 | 6/7/2021 | 3/31/2026 |
| Elizabeth Otero | 11/4/2019 | 11/4/2019 | 3/31/2026 |
| Lavenia Wilson | 4/18/2016 | 4/18/2016 | 3/31/2026 |
| VACANT |
The Beautification Committee functions on a stand-alone basis, is supported by Community Services staff, and receives oversight by the City Council. Committee members do not receive a stipend.
During calendar year 2023, there were 12 monthly Beautification Committee meetings scheduled, with one meeting subsequently canceled due to the Thanksgiving holiday. Of the remaining 11 meetings that were held, four meetings had to be canceled due to lack of a quorum since various committee members were unable to attend. At each of the remaining seven meetings held, at least one or two committee members were absent.
There is currently one vacancy on the Beautification Committee as a result of the December 31, 2023, resignation of former Committee Member Nicole Schmidt-Aiello. It is staff's recommendation that City Council consider dissolving the Beautification Committee and assigning its responsibilities, including the selection of the annual Fall-O-Ween and Light Up the Season award recipients, to the Community Services Commission. Should City Council choose to keep the Beautification Committee in place, staff can advertise for the one current vacancy or the City Council has the option to directly appoint an individual to that vacant seat.
The City Council has the option to directly appoint or reappoint qualified individuals to the Planning Commission, Community Services Commission, or Beautification Committee or can direct staff to advertise vacant and alternate seats and then schedule applicant interviews with the City Council. In the event the City Council directs staff to advertise and schedule interviews, Council interviews will be tentatively scheduled prior to the City Council meetings on March 4 and March 18 (if needed), and City Council could consider Commission/Committee appointments at its Regular Meeting on April 1, 2024.
FISCAL IMPACT/SOURCE OF FUNDING:
The cost to advertise and solicit applications for Commission/Committee seats is approximately $600. Planning Commissioners earn a $50 stipend per meeting, usually meeting twice per month for a maximum of $100 per month. Community Services Commissioners earn a maximum monthly stipend of $50. Beautification Committee members do not receive a stipend. There is sufficient funding in the Fiscal Year 2023-2024 adopted General Fund budget to cover these costs.
GENERAL PLAN RELEVANCE/CITY COUNCIL GOALS & OBJECTIVES:
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