Rancho Palos Verdes City Council
   

TO:

TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS

FROM: ADMIN. SERVICES DIRECTOR/CITY CLERK

DATE: APRIL 6, 2004

SUBJECT: LOS ANGELES COUNTY WEST VECTOR CONTROL DISTRICT – CITY REPRESENTATION

RECOMMENDATION

(1) Decide who is going to represent the City on the West Vector Control District Board of Trustees for the new term of office which will begin at the meeting held on June 10, 2004, said term to run through June 2006; (2) Direct staff to notify the District of the Council’s decision.

BACKGROUND

This matter was on the March 2nd agenda with the recommendation from Mayor Gardiner that the matter be continued until the May 18th meeting. However, at the March 2nd meeting, Council directed staff to move the matter forward to the April 6th agenda and, in the meantime, find out the following:

1. What is the date of the last meeting in the term of the City’s current representative, former Councilman John McTaggart;

2. In the event that Mr. McTaggart is not re-appointed, what is the date of the meeting at which a new appointee would start serving; and,

3. If the City Council does not take action at the April 6th to appoint a new representative, will Mr. McTaggart’s term continue until such time as the Council does appoint another representative; or, would it continue for another two or four year term of office during which the Council would not be able to change the City’s representation.

Staff contacted Bob Saviskas the Executive Director of the District and received the following information in response to those questions:

1. Mr. McTaggart’s term as the City’s representative ends on June 8, 2004. (That date is determined by the fact that the City’s first appointment to the District was on June 8, 1988. All subsequent City representatives to this board will have the same appointment date, i.e., June 8th of whatever year they are appointed.) The last meeting that he would preside over, both as Chair of the Board of Trustees and as the City’s representative would be the May 13th meeting.

2. In the event the City Council appoints another representative, that appointee would start serving at the June 10th meeting. (The trustees of the District Board would then have to appoint a new Chair.)

3. If the Council does nothing at the expiration of Mr. McTaggart’s term on June 8, he will continue to hold over until such time as the Council appoints a replacement. At that time the City could appoint another representative.

Subsequent to the March 2nd meeting, concern was expressed that because of changes made to the California Health & Safety Code in 2002, specifically Section 1779 that reads as follows:

. ". . .If no action is taken for a period of 90 days immediately subsequent to a vacancy on such a board, the board of supervisors of the county. . .shall have authority to fill the vacancy by appointment."

that if the Council did not take action prior to the end of the current member’s term, the Council would then lose its ability to make another appointment for two or four years. The District’s Executive Director Saviskas informed staff that he had consulted with the District’s legal counsel, Dick Shanahan, and he advised the following: "Section 1302 of the Government Codes states that an officer (Trustee in this case) whose term expires shall continue to discharge the duties of his office until his successor has been appointed.

Section 1779 of the Government code does not apply because you (the city) technically do not have a "vacancy".  A vacancy would be a resignation, death, incapacitation, etc. during the active term of the trustee.  If that occurred, the city should move to appoint a replacement to finish the term within 90 days of the vacancy.  The end of a defined term does not, according to legal counsel,

 

constitute a vacancy under statutes that govern these appointments and section 1302 would then apply indefinitely.

        In John McTaggart's case, if the city council does nothing, section 1302 applies beginning July 17, June 8, 2004 and would continue indefinitely until reappointed or replaced.  A replacement or reappointment would have an expiration date of July 16, June 8, 2006 for a two year term no matter when the appointment was made prior to July 16 June 8, 2006."

At the March 2nd meeting, former Councilman McTaggart requested that the City Council continue his term until February 2005 at which time his term as Chair of the District Board of Trustees will end.

It is interesting to note that under Health and Safety Code Section 2024, "Terms of Office for a member of the board of trustees shall be for a term of two years or four years at the discretion of the appointing authority. Terms of office commence at noon on the first Monday in January." If Mr. McTaggart were allowed to hold over until January 2005, any new appointee would start their term in January as provided by this section.

COUNCIL ALTERNATIVES

Council has the following options to choose from:

1. Appoint Mr. McTaggart for another term—either two or four years;

2. Take no action at this time and allow McTaggart to hold over until January 13, 2005 when he will finish his term as chair, and then appoint a new representative at that time.

3. Appoint a new City representative to start serving at the June 10, 2004 meeting; said appointment would be for a two-year term of office until June 8, 2006 or a four year term of office until 2008.

 

 

 

 

 

 

 

 

 

 

 

CONCLUSION

The term of office for the City’s current representative on the West Vector Control District expires on June 8th, however, Mr. McTaggart’s term as Chair of the Board of Trustees ends in January 2005. Council needs to decide whether to allow him to hold over and serve until January 13, 2005, or appoint another representative to the district for a two or four tear term.

Respectfully submitted,

Jo Purcell

Reviewed:

Les Evans, City Manager