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CC - Item 2E - Mosquito & Vector Control Board Appointment• E M 5 O i Q 9 O IMP 9 ° ~'ORPOgATED 'a • ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: ANDREW C. LAZZARETTO, CITY MANAGE DATE: SEPTEMBER 12, 2006 SUBJECT: MOSQUITO & VECTOR CONTROL BOARD APPOINTMENT SUMMARY Earlier this year, the City Council took action to reappoint Bob Bruesch as Rosemead's representative to the San Gabriel Valley Mosquito and Vector Control District (SGVMVCD) Board of Trustees for a one year term ending in March of 2007. Recently, staff received correspondence from the SGVMVCD (Attachment A) clarifying the state code governing the appointment of trustees to the district board. These rules stipulate that any appointment has to be for either a two-year or a four-year period, and must begin on January 1 sc (or for the balance of a term for a vacated office). Based on this statute, the City Council has been asked to clarify Mr. Bruesch's term of appointment, which will technically have an effective start date of January 1, 2006. Staff Recommendation Staff recommends that the City Council appoint Bob Bruesch to a four-year term as the City's representative on the San Gabriel Valley Mosquito & Vector Control District Board of Trustees, effective as of January 1, 2006. ANALYSIS Should the City Council move to appoint Mr. Brusch to a four-year term, he will serve as the City's representative to the SGVMVCD board until January 1, 2010. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: ozzk_ -I Oliver Chi Director of Administrative Services Attachment A: SGVMVCD Correspondence APPROVED FOR CITY COUNCIL AGENDA: D/I TV V) SAN GABRIEL VA&EY MOSQUITO & VECTOR CONTROL DISTRICT Mosquito & Vector 1145 N. Azusa Canyon Road Control District West Covina, California 91790 (626) 814-9466 FAX (626) 337-5686 email: district@sgvmosquito.org Steve West Kenn K. Fujioka, Ph.D. District Manager Assistant Manager Cities of August 21, 2006 19GMIII Alhambra AUG A 2006 Arcadia Andy Lazaretto, City Manager Azusa City of Rosemead 8838 E. Valley Blvd. Bradburv P.O. Box 399 Claremont Rosemead, California 91770 Covina Dear Andy: Duarte I trust all goes well in your new position. We received an August 9, 2006 El Monte letter (copy attached) regarding the reappointment of Bob Bruesch as the representative for the City of Rosemead to the San Gabriel Valley Glendora Mosquito and Vector Control District Board of Trustees. The term of the appointment is stated to be one year ending March of 2007. IndusJrv /m,indale Although in almost all City Council appointments there are flexible terms and substitutions, this is not the case in the Health and Safety Code which La Puente governs this District. Statutes clearly state that any appointment is for a two or four year period beginning on January 1 st or for the balance of the La Verne term of a vacated office. A copy of that provision is attached for your Monrovia review. Monterey Park We respectfully request that the City Council clarify Bob Bruesch's term of office to either a two or four year appointment. In any case, the effective Pomona "start" date would be January 1, 2006. Rosemead Thank for your assistance, and please call me at (626) 814-9466 if you San Dimas have any questions. San Gabriel Respectfully, Sierra Madre Temple City Walnut West Covina Steve West District Manager Courtly of Los Angeles Cc: Trustee Frank Hall, Board President • MAYOR: GARY A. TAYLOR MAYOR PRO TEM: JOHN NUNEZ COUNCILMEMBERS: MARGARET CLARK JAY T. IMPERIAL JOHN TRAIN Rosemead RECEIVE 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 August 9, 2006 BY FACSIMILE AND FIRST-CLASS MAIL Ms. Esther Elliott SGV Mosquito and Vector Control District 1145 North Azusa Canyon Road West Covina, CA 91790 Re: Term Appointment for Delegate Dear Ms. Elliott: AU[; 1 12006 SGVMVCD This letter is to serve as official notification to the San Gabriel Valley Mosquito & Vector Control District of the appointment of Mr. Bob Bruesch as the Delegate to the District representing the City of Rosemead. Mr. Bruesch has been appointed to a one- year term (term ending March of 2007). If you have any questions regarding this letter, please do not hesitate to contact me. Very truly yours, .A'~j 6mmt~ta Nina Castruita City Clerk cc: Bob Bruesch A Codes (15r:2020-2030) htip://% ew.leginfo.en.gov/egi-bin/(lisplaycmic7srctimrhsc@group... ;A Codes (hse:2020.2030) hnp:Ilu -.Icginfo.ce.gov/egi-bin/displaycede?section-h.sc&group... IIEALTII AND SAFETY CODE SECTION 2020-2030 public as a whole in furthering the purposes and intent of this . chapter. The trustees shall represent the interests of the public as a whole and not solely the interests of the board of supervisors or the city council that appointed them. 2020. A legislative body of at lemet five members known as the board of trustees shall govern every district. The board of trustees shall establish policies for the operation of the district. The board of truntees shall provide for the faithful implementation of those policies which is the responsibility of the employees of the district. 2021. Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follower (a) In the case of a district that contains only unincorporated territory in a single county, the board of supervisors shall appoint five persons to the board of trustees. (b) In the came of a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, the board of supervisors may appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district may appoint one person to the board of trustees. If those appointments result in a board of trustees with lees than five trustees, the board of supervisors shall appoint enough additional persons to make a board of trustees of five members. (c) In the came of a district that contains only unincorporated territory in more than one county, the board of supervisors of each county may appoint one person to the board of trustees. If those appointments result in a board of trustees with lame than five persons, the board of supervisors of the principal county shall appoint enough additional persona to make a board of trustees of five members. (d1 in the came of a district that is located in two or more counties and contains both incorporated territory and unincorporated territory, the board of supervisors of each county may appoint one person to the board of trustees, and the city council of each city that is located in whole or part within the district may appoint one person to the board of trustees. If those appointments result in lees than five persona, the board of supervisors of the principal county shall appoint enough additional persona to make a board of trustees of five members. 2022. fat Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in that county and a resident of that portion of the county that is «ithin the district. (b) Each person appointed by a city council to be a member of a board of trustees shall be a voter in that city and a resident of that portion of the city that is within the district. (c) Notwithstanding any other provision of law including the common law doctrine that precludes the simultaneous holding of incompatible offices, a member of a city council may be appointed and may serve as a member of a board of trustees if that person also meets the other applicable qualifications of thin chapter. (d) It is the intent of the Legislature that persons appointed to boards of trustees have experience. training, and education in fields that will assist in the governance of the districts. (e) All trustees shall exercise their independent judgment on behalf of the interests of the residents, property owners, and the 2023. (a) The initial board of trustees of a district formed on or after January 1, 2003, shall be determined pursuant to this section. (b) The persona appointed to the initial board of trustees shall meet on the first Monday after 45 days after the effective date of the formation of the district. (c) At the first meeting of the initial board of trustees, the trustees shall classify themselves by lot into two classes, am nearly equal as possible. The term of office of the class having the greater number shall expire at noon on the first Monday in January that Is closest to the second year from the appointments made pureuant to Section 2021. The term of office of the close having the lesser number shall expire at noon on the first Monday in January that is closest to the first year from the appointments made pursuant to Section 2021. 2024. (a) Except as provided in Section 2023, the term of office for a member of the board of trustees shall be for a term of two or four years, at the discretion of the appointing authority. Terms of office commence at noon on the first Monday in January. (b) Any vacancy in the office of a member appointed to a board of trustees shall be filled pursuant to Section 1779 of the Government Code. Any person appointed to fill a vacant office shall fill the balance of the unexpired term. 2025. (a) Under no circumstances shall a board of trustees consist of lean than five members. Except me provided in Section 2026, the number of members who represent the unincorporated territory of a county may not exceed five members. (b) A board of trustees may adopt a resolution requesting the board of supervisors of any county that contains territory within the district to increase or decrease the number of members of the board of trustees who represent the unincorporated territory of that county within the district. The resolution shall specify the number of members and the areas of the unincorporated territory for which the board of trustees requests the increase or decrease. (c) within 6o days of receiving a resolution adopted pursuant to subdivision (b), the board of supervisors shall order the increase or decrease in the number of members of the board of trustees, consistent with the board of trustees' resolution. (d) If the board of supervisors orders an increase in the number of members of the board of trustees, the board of supervisors shall appoint a person or persona to the board of trustees and specify their term of office, consistent with the requirements of this chapter. If the board of supervisors orders a decrease in the number of members of the board of trustees, the board of supervisors shall designate the trustee or trustees whose office shall be eliminated at the termination of the trustee's current term of office. Any trustee whose office is designated to be eliminated shall continue to serve until his or her term of office expires. 2026. (a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two more • of 4 812L2006 3:53 PM ' f4 8/2212006 3:53 PM 1 C:oies (Wnc:1020-2030) hop://% w .(egiufo.cs-gnv/cgi-biNdnplaycode'7acetron-ha &9FOup... districts into a single district, may, pursuant to subdivisions (k) and (n) of Section 56896 of the Government Code. change the number of members on the board of trustees of the consolidated or reorganized district, provided that the resulting number of trustees shall be an odd number but not less than five. (b) Upon the expiration of the terms of the members of the board of trustees of the consolidated or reorganized district whose terms first expire following the effective date of the consolidation oi- reorganization, the total number of members on the board of trustees shall be reduced until the number equals the number of members determined by the local agency formation commission. (c) Notwithstanding subdivision lb) of Section 2024, in the event of a vacancy on the board of trustees of the consolidated or reorganized district at a time when the number of members of the board of trustees to greater than the number determined by the local agency formation commission, the vacancy shall not be filled and the membership of the board of trustees shall be reduced by one member. 2027. (al At the first meeting of the initial board of trustees of a newly formed district, and in the cane of an existing district at the first meeting in January every year or every other year, the board of trustees shall elect its officers. (b) The officers of a board of trustees are a president and a secretary. The president shall be a trustee. The secretary may be either a trustee or a district employee. A board of trustees may create additional officers and elect members to those positions. No trustee shall hold more than one office. (c) Except as provided in Section 2077, the county treasurer of the principal county shall act an the district treasurer. The county treasurer shall receive no compensation for the receipt and disbursement of money of the district. 2028. A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government code. 2029. (a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the contrary in this chapter, a recorded vote of a majority of those trustees present and voting is required on each action. (c) The board of trustees shall act only by ordinance, resolution, or motion. (d) The board of trustees shall keep a record of all of its acts, including financial transactions. (e) The board of trustees shall adopt rules for its proceedings. 2030. (a) The members of the board of trustees shall serve without compensation. (b) The members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred chile on official business. in lieu of paying for actual expenses, the board of trustees may by resolution provide for the allowance and payment to each trustee a sum not to exceed one hundred dollars ($100) per month fnr expenses incurred while on official business. A trustee may waive the payments permitted by this subdivision. (c) Notwithstanding subdivision (a), the secretary of the board of CA Codes(hsc:2020-203(l) hitp: /hvww.lcgin('o.ce.gov/cgi•hiddispIaycede?section=hsckgroup_. trustees may receive compensation in an amount determined by the board of trustees. (d) Reimhursement for these expenses is subject to Sections 53232.2 and 53232.1 of the Government Code. r, u 0 of 4 8122/2006 3:53 PM I of 4 81222006 3:53 PM