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Item No. 1.
| MEETING DATE: 02/10/2022 |
|
| TO: | HONORABLE MAYOR AND COUNCILMEMBERS |
| FROM: | JIM SADRO, CITY MANAGER By: Laurie Swindell, CMC, City Clerk |
| SUBJECT: | CONDUCT INTERVIEWS FOR THE VACANT SEAT ON THE LA HABRA CITY COUNCIL |
RECOMMENDATION:
That the City Council conduct interviews for the vacant seat on the La Habra City Council and give staff direction.
DISCUSSION:
On January 10, 2022, City Council received a status report regarding a vacancy on the City Council. Pursuant to Government Code §36512(b), the City Council has 60 days to either:
- Fill the vacancy by calling a special election; or,
- Fill the vacancy by appointment.
The 60-day deadline to make this decision is Saturday, February 19, 2022. During its meeting on January 10, 2022, the City Council took action to fill the vacancy by appointment. At that time, City Council directed staff to advertise the City Council vacancy and to schedule interviews, which will be conducted at this meeting.
As directed, the City Clerk has noticed the vacancy and scheduled interviews. Notices were posted at City Hall and the City Council Chamber. The City also advertised the City Council vacancy and application process on its Twitter and Facebook social media sites, on the City website, on Channel 3, and in the Orange County Register. A total of five applications were received by the 6 p.m. deadline on January 20, 2022. Staff has verified that all five applicants meet the State's eligibility requirements.
CITY COUNCIL APPLICATIONS RECEIVED:
The term of office for the appointee would extend until “the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.”[1]
The next regularly scheduled General Municipal Election is Tuesday, November 8, 2022, which is more than 130 days from the date the City Council was notified of the vacancy (December 21, 2021). Any eligible person appointed by City Council to fill this vacancy will serve until December 19, 2022, at which time the reorganization of City Council will occur and the newly elected City Councilmember who successfully runs for this two-year seat in the November 2022 general election would be sworn in to office to fill this seat for the balance of its term, ending on December 18, 2024.
City Council has the option to appoint a new City Councilmember directly after the applicant interviews have been completed, or direct staff to schedule another special meeting to consider and appoint a new City Councilmember at that time, as long as the special meeting is held prior to the 60-day deadline of Saturday, February 19, 2022.
As directed, the City Clerk has noticed the vacancy and scheduled interviews. Notices were posted at City Hall and the City Council Chamber. The City also advertised the City Council vacancy and application process on its Twitter and Facebook social media sites, on the City website, on Channel 3, and in the Orange County Register. A total of five applications were received by the 6 p.m. deadline on January 20, 2022. Staff has verified that all five applicants meet the State's eligibility requirements.
CITY COUNCIL APPLICATIONS RECEIVED:
| Applicant | Date Application Received |
| Thomas A. Ludwinski | January 18, 2022 |
| Daren Nigsarian | January 18, 2022 |
| Christine Michelle Bernier | January 20, 2022 |
| Carrie Surich | January 20, 2022 |
| Wesley Perez | January 20, 2022 |
The term of office for the appointee would extend until “the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.”[1]
The next regularly scheduled General Municipal Election is Tuesday, November 8, 2022, which is more than 130 days from the date the City Council was notified of the vacancy (December 21, 2021). Any eligible person appointed by City Council to fill this vacancy will serve until December 19, 2022, at which time the reorganization of City Council will occur and the newly elected City Councilmember who successfully runs for this two-year seat in the November 2022 general election would be sworn in to office to fill this seat for the balance of its term, ending on December 18, 2024.
City Council has the option to appoint a new City Councilmember directly after the applicant interviews have been completed, or direct staff to schedule another special meeting to consider and appoint a new City Councilmember at that time, as long as the special meeting is held prior to the 60-day deadline of Saturday, February 19, 2022.
Once a new City Councilmember has been appointed and sworn in to office, City Council will then need to reappoint the following seats previously held by former City Councilmember Shaw:
- Chair of the La Habra Civic Improvement Authority; and,
- Member of the Internal Audit Committee
[1] Because the vacancy occurred in the first half of former Councilmember Shaw’s term, Gov. Code 36512(b)(2)(A) applies to limit the appointee’s term until the next regular municipal election.
FISCAL IMPACT/SOURCE OF FUNDING:
City Councilmembers earn a monthly stipend of $500 per month; and, as Directors of the La Habra Housing Authority, they earn an additional $50 stipend per meeting they attend, not to exceed four meetings per month.
GENERAL PLAN RELEVANCE:
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