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CC – Item 4C – Re-appointment of Mayor Pro-Tem Robert W. Bruesch to San Gabriel Valley Mosquito Abatement Board of Trustees for 4-year Term /S F\ Off. staff __report TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER yalloz DATE: OCTOBER 22, 1997 RE: RE-APPOINTMENT OF MAYOR PRO-TEM ROBERT W. BRUESCH TO THE SAN GABRIEL VALLEY MOSQUITO ABATEMENT BOARD OF TRUSTEES FOR A TERM OF FOUR YEARS Attached is correspondence from the San Gabriel Valley Mosquito Abatement District notifying the City of the expiration of Mayor Pro-Tern Robert Bruesch's term on the Board of Trustees. The City Council has the option of re-appointment for a two or four year term. Staff is recommending a four year term. Also attached are copies of the pertinent sections of the Health and Safety Code and the District's Nepotism Policy. RECOMMENDATION It is recommended that the Rosemead City Council re-appoint Mayor Pro-Tern Robert W. Bruesch to a four year term to the Board of Trustees of the San Gabriel Valley Mosquito Abatement District. COUNCIL AGENDA OCT 281997 ITEMNo. JZ . GC - C ' J v SAN GABRIEL VALLEY MOSQUITO ABATEMENT DISTRICT Mosquito Abatement 1145 N. Azusa Canyon Road District West Covina,California 91790 \N":' (818)814-9466 • FAX(818)337-5686 P Sue Zuhike Kenn K.Fujioka,Ph.D. Manager Assistant Manager Cities of Alhambra October 13, 1997 Arcadia AZIlsa Mr. Frank G. Tripepi Bradbury City Manager Claremont City of Rosemead 8838 E. Valley Boulevard Covina Rosemead, CA 91770 Duarte Dear Mr. Tripepi, El Monte The City of Rosemead appointed Robert Bruesch to the San Gabriel Valley Mosquito Glendora Abatement District Board of Trustees. Mr. Bruesch's term expires January 1, 1998. The District respectfully requests that the City Council appoint a member to the Board of Industry Trustees before the January 9, 1998 District Board of Trustees' Meeting. tr-..""dale Legislation enacted during 1996 eliminates the incompatibility of office issue regarding the La Puenteappointment of City Council members to Mosquito Abatement District Board of Trustees (Health& Safety Code §2244.5). California Health and Safety Code, Division 3, Chapter La Verne 5, Article 3 is enclosed for your information. Monrovia It is the policy of the Board of Trustees to notify each appointing authority of the Monterey Park District's Nepotism Policy. The District's Personnel and Salary Resolution No. 92-11 prohibits the appointment of a person to a position if that person is a member of the Pomona immediate family of a current member of the Board of Trustees or any current employee. Although the appointing authority may appoint any person who is qualified pursuant to Rosemead Health and Safety Code §2242 or §2243, the District respectfully requests that your City San Dimas consider our policy before appointing a Trustee to the Board. Immediate family is defined in District policy as"his/her spouse, mother, father, sister, brother, son, daughter, mother- San Gabriel in-law, father-in-law, stepmother, stepfather, sister-in-law, brother-in-law, daughter-in- law, son-in-law, stepdaughter, and stepson." Please find enclosed a copy of the District's Sierra Madre Nepotism Policy. A list of employee names will be submitted upon request. Temple City Please note that current Trustees may be re-appointed for a term of two or four years. Walnut New Trustees may only be appointed for a term of two years (Health & Safety Code §2245). West Covina County of Los Angeles F. Tripepi October 13, 1997 Page 2 Please notify the District of the City Council's action by forwarding a copy of the minutes indicating the appointment and term. If you have any questions, please do not hesitate to contact me. Since �j C P. Sue Zuhlk District Manager cc: Margaret Clark, Mayor Robert Bruesch, Trustee Enclosures • CALIFORNIA HEALTH AND SAFETY CODE DIVISION 3, CHAPTER 5, ARTICLE 3 OFFICERS § 2240. Board of trustees of district; appointment Within 30 days after the filing with the Secretary of State of the certified copy of the order of formation, a governing board of trustees for the district shall be appointed. The district board shall be appointed as follows: (a) If the district is situated in one county only and consists wholly of unincorporated territory, five members shall be appointed by the board of supervisors of the county. (b) If the district is situated entirely in one county and includes both incorporated and unincorporated territory, one member may be appointed from the district at large by the board of supervisors of the county, and one member may be appointed from each city, the whole or part of which is situated in the district, by the governing body of the city. If the district board created consists of less than five members, the board of supervisors shall appoint from the district at large enough additional members to make a board of five members. (c) If the district is situated in two or more counties and is comprised wholly of unincorporated territory, one member shall be appointed from each county or portion of a county situated in the district by the board of supervisors. If the district board created consists of less than five members, the board of supervisors of the county in which the greater portion of the district is situated shall appoint from the district at large enough additional members to make a board of five members. (d) If the district is situated in two or more counties and consists of both incorporated and unincorporated territory, one member may be appointed by the board of supervisors of each of the counties from that portion of the district lying within its jurisdiction, and one member may be appointed from each city, a portion of which is situated in the district, by the governing body of the city. If the board created consists of less than five members, the board of supervisors in which the greater portion of the district is situated shall appoint from the district at large enough additional members to make a board of five members. (e) At any time after the appointment of the initial district board of trustees, the board of supervisors of any county having territory in whole or in part in a district, may at the written request of the existing district board of trustees, increase or decrease the number of members of the board of trustees representing unincorporated territory in the district. The written request of the district board of trustees shall specify the number of members and the region or regions in the unincorporated territory for which an increase or decrease is requested. However, the district board of trustees shall, under no circumstances, consist of less than five members, nor shall the number of members representing unincorporated territory in the entire district exceed five members. 1 § 2240.1. Consolidated or reorganized districts; temporary increase in number of directors; vacancies (a) Notwithstanding Section 2240, the local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single mosquito abatement district may, pursuant to subdivisions (k) and (n) of Section 56844 of the Government Code, increase the number of directors to serve on the board of directors of the consolidated or reorganized district to 7, 9, or 11, who shall be members of the board of directors of the districts to be consolidated or reorganized as of the effective date of the consolidation or reorganization. (b) Upon the expiration of the terms of the members of the board of directors of the consolidated district, or a district reorganized as described in subdivision (a), whose terms first expire following the effective date of the consolidation or reorganization, the total number of members on the board of directors shall be reduced until the number equals the number of members permitted by the principal act of the consolidated or reorganized district, or any larger number as may be specified by the local agency formation commission in approving the consolidation or reorganization. (c) In addition to the powers granted under Section 1780 of the Government Code, in the event of a vacancy on the board of directors of the consolidated district or a district reorganized as described in subdivision(a) at which time the total number of directors is greater than five, the board of directors may, by majority vote of the remaining members of the board, choose not to fill the vacancy. In that event, the total membership of the board of directors shall be reduced by one board member. Upon making the determination not to fill a vacancy, the board of directors shall notify the board of supervisors of its decision. (d) For the purposes of this section: "consolidation" means consolidation, as defined in Section 56030 of the Government Code; "district" or "special district" means district or special district, as defined in Section 56036 of the Government Code; and 'reorganization' means reorganization, as defined in Section 56073 of the Government Code. § 2241. Name of board The district board shall be called "The board of trustees of mosquito abatement district" or "The board of trustees of vector control district." § 2242. Qualification of city members Each member of the board appointed by the governing body of a city shall be an elector of the city from which he is appointed, and a resident of that portion of the city which is in the district. Elections Code § 321 "Elector" means any person who is a United States citizen 18 years of age or older and a resident of an election precinct at least 29 days prior to an election. 2 § 2243. Qualification of county members Each member appointed from a county or portion of a county shall be an elector of the county and a resident of that portion of the county which is in the district. § 2244. Qualification of members at large. Each member appointed at large shall be an elector of the district. § 2244.5. Simultaneous office holding (a) Notwithstanding any provision of law to the contrary, including, but not limited to, the common law doctrine precluding simultaneous holding of incompatible offices, any member of a city council maybe appointed to the board as a city member, county member, or member at large, if that appointee also meets the applicable qualifications set forth in Section 2242, 2243, or 2244. (b) The Legislature finds and declares that this section is declarative of existing law, and that no member of a city council shall be deemed to have held incompatible offices by virtue of an appointment to the board that was made prior to January I, 1997. § 2245. Terms of office (a) The members of the first board in any district shall classify themselves by lot at their first meeting so that either of the following shall occur: (1) If the total membership is an even number, the terms of one-half the members shall expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment. (2) If the total membership is an odd number, the terms of a bare majority of the members shall expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment. (b) The term of each subsequent member shall be two years from and after the expiration of the term of his predecessor. (c) The first term of any member shall not exceed two years. Each subsequent consecutive reappointment, if any, may be for a term of two or four years, at the discretion of the appointing power § 2246. Vacancy In event of the resignation, death, or disability of any member, his successor shall be appointed by the governing body which appointed him. 3 § 2247. Organization meeting; election of president and secretary The members of the first district board shall meet on the first Monday subsequent to thirty days after the filing with the Secretary of State of the certificate of incorporation of the district. They shall organize by the election of one of their members as president and one as secretary. § 2248. Traveling expenses The members of the district board shall serve without compensation, but the necessary expenses of each member for actual traveling in connection with meetings or business of the board shall be allowed and paid. In lieu of expenses, the district board may by resolution provide for the allowance and payment to the members of the board of a sum not exceeding fifty dollars (S50) per month per member for expenses incurred in attending business meetings of the board. § 2249. Compensation of secretary The secretary shall receive such compensation as shall be fixed by the district board. § 2250. Meetings The district board shall provide for the time and place of holding its regular meetings, and the manner of calling them, and shall establish rules for its proceedings. § 2251. Special meetings; call; notice Special meetings may be called by three members, notice of which shall be given to each member at least three hours before the meeting. § 2252. Meetings open to public All of its sessions, whether regular or special, shall be open to the public. § 2253. Quorum A majority of the members shall constitute a quorum for the transaction of business. 4 PERSONNEL AND SALARY RESOLUTION NO. 92-I1 ARTICLE VI NEPOTISM SECTION 1. Appointment No person shall be appointed to positions in the District if that person is a member of the immediate family of a current member of the Board of Trustees or any current employee, unless the District Manager, following the procedures in Section 2., below, determines that no conflict of interest, as defined, will or could arise by virtue of the appointment of such person. SECTION 2. Determination of Conflict of Interest Where the District Manager determines that an applicant for District employment is a member of the immediate family of a person who is a current employee or Trustee, prior to making of an offer of employment, the District Manager shall determine whether: 1. Appointment of the applicant will create a conflict of interest because the applicant would be supervised by a member of his/her immediate family; or 2. Appointment of the applicant will give rise to an actual or probable conflict of interest because such appointment is reasonable likely to impair supervisory effectiveness, security, or morale. When the District Manager determines that either(1)or(2) applies, the applicant shall be disqualified from appointment and shall be notified by the District Manager. Or when special circumstances exist, the District Manager may refer the case to the Board of Trustees for a decision. SECTION 3. Definition of Immediate Family For the purpose of this Article, an applicant's "immediate family" shall include his/her spouse, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, stepmother, stepfather, sister-in- law, brother-in-law, daughter-in-law, son-in-law, stepdaughter, and stepson. SECTION 4. Policy Notification Process The District shall notify, in writing, all Member Cities of this Policy.