Item No. 1.
| MEETING DATE: 02/01/2021 |
|
| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Laurie Swindell, CMC, City Clerk |
| SUBJECT: | CONSIDER EXPIRING TERMS AND VACANCIES ON THE PLANNING COMMISSION, COMMUNITY SERVICES COMMISSION, AND BEAUTIFICATION COMMITTEE; AND PROVIDE STAFF DIRECTION |
RECOMMENDATION:
That the City Council direct staff to:
A. Re-appointment eligible/interested Community Services Commissioners, and advertise the recruitments and schedule interviews for one scheduled vacancy on the Planning Commission and one scheduled vacancy on the Beautification Committee; and the one unscheduled vacancy on the Community Services Commission; or
B. Advertise the recruitments and schedule interviews for the expiring terms, and the scheduled and unscheduled vacancies on the Planning Commission, Community Services Commission, and Beautification Committee; or
C. Postpone the annual Commission recruitment and appointment process until March 2022, and extend any expiring terms by one year due to the current restrictions associated with the Coronavirus (COVID-19) pandemic.
DISCUSSION:
Planning Commission
On March 31, 2021, one four-year term for a member of the Planning Commission will expire. Commissioner Jerry Powell has served on the Planning Commission since 2013 and is not interested in reappointment. However, should the appointment process be delayed, Commissioner Powell indicated he would temporarily continue on the Planning Commission until his vacancy is filled.
The La Habra Planning Commission was formed in accordance with Ordinance No. 138, which was adopted 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 Council proceeds with a recruitment process, staff recommends that the City Council once again select two alternates to the Planning Commission in the event a vacancy occurs prior to the annual term limit renewal process in 2022. The alternates City Council chooses would fill a vacancy if one were to subsequently occur. Staff would contact the alternates in the order of precedence established by 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, the stipend has fluctuated as listed below:
Planning Commission Terms and Term Limits
On November 5, 1985, the City Council adopted a policy setting term limits for Planning Commissioners. Planning Commissioners may serve two consecutive terms of four years each or a maximum of 10 years.
On February 21, 1989, the 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. Since the term limits were set by policy and not by ordinance, it is the opinion of the City Attorney that the City Council has the option to reappoint as they so choose.
The Planning Commission is currently composed of the following individuals:
*2020 Commission appointments delayed due to Coronavirus (COVID-19) restrictions.
Community Services Commission
On March 31, 2021, two three-year terms and one unscheduled vacancy will expire, as follows:
1. Commissioner Carrie Surich was originally appointed on March 3, 2014, to fill an unscheduled vacancy expiring on March 31, 2015, and was last appointed on January 16, 2018. Commissioner Surich has served a total of seven-years, and has expressed an interest in reappointment.
2. Commissioner Teresa Kempker was originally appointed on April 3, 2017, and was last appointed on January 16, 2018. Commissioner Kempker has served a total of four-years, and has expressed an interest in reappointment.
3. There is one unscheduled vacancy for a term expiring on March 31, 2021. First Alternate Richard Rojas has confirmed his interest in serving as a Community Services Commissioner should City Council postpone the annual Commission/Committee recruitment to March 2022.
The Community Services Commission, which is a consolidation of the “Leisure & Cultural Services” and “Social Concerns Commission,” was formed in accordance with Ordinance No. 1151, adopted on November 17, 1981. The Commission consists of seven members 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 primarily to consider Community Development Block Grant (CDBG) funding allocations.
The Community Services Commission currently has six formal subcommittees:
1. Community Grants and CDBG
2. Child Development
3. Special Events
4. Parks
5. Youth Committee
6. Senior and Social Services
The number and membership of the subcommittees is determined at the annual Commission reorganization.
If Council proceeds with a recruitment process, staff recommends that the City Council once again select two alternates to the Community Services Commission in the event a vacancy occurs prior to the annual term limit renewal process in 2022. The alternates City Council chooses would fill a vacancy if one were to subsequently occur. Staff would contact the alternates in the order of precedence established by 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, the stipend has fluctuated as listed below:
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 consecutive terms of three-years each or a maximum of 10 years.
On February 21, 1989, City Council adopted Ordinance No. 1351 that specified Planning Commissioner terms shall be four years, expiring on March 31 and staggered; and Community Services Commissioner terms shall be for three years, expiring on March 31st and staggered. Term limits were not established by this ordinance. Since the term limits were set by policy and not by ordinance, it is the opinion of the City Attorney that the City Council has the option to reappoint as they so choose.
The Community Services Commission is currently composed of the following individuals:
*2020 Commission appointments delayed due to Coronavirus (COVID-19) restrictions
Beautification Committee
On May 1, 2000, the City Council approved the formation of the Beautification Committee to recognize and reward residents, businesses, and organizations who beautify their properties and contribute to the citywide beautification campaign. The committee was set at seven members with indefinite terms to include:
Due to Committee Member Manuel Munoz being appointed to the Planning Commission on June 1, 2020, and due to the Coronavirus (COVID-19) pandemic restrictions, Manuel Munoz agreed to serve on both until his City Council appointed position on the Beautification Committee could be filled.
The Beautification Committee is composed of the following individuals:
*Manuel Munoz also serves on the Planning Commission, so his position needs to be replaced with a new Commissioner.
If City Council authorizes staff to advertise and schedule interviews for vacancies and alternate seats for each Commission/Committee, interviews will be tentatively scheduled prior to the City Council Meetings of March 1, March 15, and April 5, 2021, as needed. City Council could then consider Commission/Committee appointments at its regular meeting on March 15 or April 5, 2021.
On March 31, 2021, one four-year term for a member of the Planning Commission will expire. Commissioner Jerry Powell has served on the Planning Commission since 2013 and is not interested in reappointment. However, should the appointment process be delayed, Commissioner Powell indicated he would temporarily continue on the Planning Commission until his vacancy is filled.
The La Habra Planning Commission was formed in accordance with Ordinance No. 138, which was adopted 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 Council proceeds with a recruitment process, staff recommends that the City Council once again select two alternates to the Planning Commission in the event a vacancy occurs prior to the annual term limit renewal process in 2022. The alternates City Council chooses would fill a vacancy if one were to subsequently occur. Staff would contact the alternates in the order of precedence established by 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, the stipend has fluctuated 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 upon the 2007-2008 Fiscal Year Budget.
- $100 per month, based upon the 2008-2009 Fiscal Year 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 setting term limits for Planning Commissioners. Planning Commissioners may serve two consecutive terms of four years each or a maximum of 10 years.
On February 21, 1989, the 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. Since the term limits were set by policy and not by ordinance, it is the opinion of the City Attorney that the City Council has the option to reappoint as they so choose.
The Planning Commission is currently composed of the following individuals:
| COMMISSIONERS | ORIGINAL APPOINTMENT |
LAST APPOINTMENT |
TERM EXPIRES |
| Jerry Powell | 11/18/2013 | 4/3/2017 | 3/31/2021 |
| Jason Manley - Vice Chair | 4/15/2019 | 4/15/2019 | 3/31/2023 |
| Daren Nigsarian - Chair | 9/18/2017 | 4/15/2019 | 3/31/2023 |
| Michelle Bernier | 4/18/2016 | *6/1/2020 | 3/31/2024 |
| Manuel Munoz | *6/1/2020 | *6/1/2020 | 3/31/2024 |
Community Services Commission
On March 31, 2021, two three-year terms and one unscheduled vacancy will expire, as follows:
1. Commissioner Carrie Surich was originally appointed on March 3, 2014, to fill an unscheduled vacancy expiring on March 31, 2015, and was last appointed on January 16, 2018. Commissioner Surich has served a total of seven-years, and has expressed an interest in reappointment.
2. Commissioner Teresa Kempker was originally appointed on April 3, 2017, and was last appointed on January 16, 2018. Commissioner Kempker has served a total of four-years, and has expressed an interest in reappointment.
3. There is one unscheduled vacancy for a term expiring on March 31, 2021. First Alternate Richard Rojas has confirmed his interest in serving as a Community Services Commissioner should City Council postpone the annual Commission/Committee recruitment to March 2022.
The Community Services Commission, which is a consolidation of the “Leisure & Cultural Services” and “Social Concerns Commission,” was formed in accordance with Ordinance No. 1151, adopted on November 17, 1981. The Commission consists of seven members 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 primarily to consider Community Development Block Grant (CDBG) funding allocations.
The Community Services Commission currently has six formal subcommittees:
1. Community Grants and CDBG
2. Child Development
3. Special Events
4. Parks
5. Youth Committee
6. Senior and Social Services
The number and membership of the subcommittees is determined at the annual Commission reorganization.
If Council proceeds with a recruitment process, staff recommends that the City Council once again select two alternates to the Community Services Commission in the event a vacancy occurs prior to the annual term limit renewal process in 2022. The alternates City Council chooses would fill a vacancy if one were to subsequently occur. Staff would contact the alternates in the order of precedence established by 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, the stipend has fluctuated 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 2007-2008 Fiscal Year 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 upon 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 upon 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 consecutive terms of three-years each or a maximum of 10 years.
On February 21, 1989, City Council adopted Ordinance No. 1351 that specified Planning Commissioner terms shall be four years, expiring on March 31 and staggered; and Community Services Commissioner terms shall be for three years, expiring on March 31st and staggered. Term limits were not established by this ordinance. Since the term limits were set by policy and not by ordinance, it is the opinion of the City Attorney that the City Council has the option to reappoint as they so choose.
The Community Services Commission is currently composed of the following individuals:
| COMMISSIONERS | ORIGINAL APPOINTMENT |
LAST APPOINTMENT |
TERM EXPIRES |
| Carrie Surich | 3/3/2014 | 1/16/2018 | 3/31/2021 |
| Teresa Kempker - Vice Chair | 4/3/2017 | 1/16/2018 | 3/31/2021 |
| Denise Schmidt | 4/15/2019 | 4/15/2019 | 3/31/2022 |
| Gabriela Garcia | 4/15/2019 | 4/15/2019 | 3/31/2022 |
| Kathy Felix | 6/1/2020 | *6/1/2020 | 3/31/2022 |
| Marie Laveaga - Chair | 4/3/2017 | *6/1/2020 | 3/31/2023 |
| Unscheduled Vacancy | 12/29/2020 | 3/31/2021 |
Beautification Committee
On May 1, 2000, the City Council approved the formation of the Beautification Committee to recognize and reward residents, businesses, and organizations who beautify their properties and contribute to the citywide beautification campaign. The committee was set at seven members with indefinite terms to include:
- Three Chamber of Commerce members to be appointed at the sole discretion of the La Habra Chamber of Commerce Board.
- One staff member to be appointed by the City Manager.
- Three citizens-at-large to be appointed by the City Council
Due to Committee Member Manuel Munoz being appointed to the Planning Commission on June 1, 2020, and due to the Coronavirus (COVID-19) pandemic restrictions, Manuel Munoz agreed to serve on both until his City Council appointed position on the Beautification Committee could be filled.
The Beautification Committee is composed of the following individuals:
| COMMISSIONER | ORIGINAL APPOINTMENT |
LAST APPOINTMENT |
TERM EXPIRES |
| Nicole Schmidt-Aiello | 7/18/2016 | 7/18/2016 | Indefinite term |
| Lavenia Wilson | 11/4/2019 | 11/14/2019 | Indefinite term |
| Grace Garcia - Chair | 4/3/2017 | 4/3/2017 | Indefinite term |
| Carol Nigsarian | 4/4/2016 | 4/4/2016 | Indefinite term |
| *Manuel Munoz | 4/3/2017 | 4/3/2017 | Indefinite term |
| Elizabeth Otero | 11/4/2019 | 11/4/2019 | Indefinite term |
| Skarleth Sauceda - Vice Chair | 5/15/2017 | 5/15/2017 | Indefinite term |
If City Council authorizes staff to advertise and schedule interviews for vacancies and alternate seats for each Commission/Committee, interviews will be tentatively scheduled prior to the City Council Meetings of March 1, March 15, and April 5, 2021, as needed. City Council could then consider Commission/Committee appointments at its regular meeting on March 15 or April 5, 2021.
FISCAL IMPACT/SOURCE OF FUNDING:
Advertising costs to solicit applications for Commission seats are approximately $600. Planning Commissioners earn a $50 stipend per meeting, usually meeting twice per month for a maximum of $100 per month (this stipend has been temporarily reduced to $45 per meeting due to Fiscal Year 2020-2021 budget cuts). Community Services Commissioners earn a maximum monthly stipend of $50 (this stipend has been temporarily reduced to $45 per month due to Fiscal Year 2020-2021 budget cuts). There is sufficient funding in the Fiscal Year 2020-2021 adopted General Fund budget to cover these costs. Beautification Committee members do not receive a stipend.
GENERAL PLAN RELEVANCE:
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