PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 12/18/2023
SUBJECT:
TITLE
CONSIDER AUTHORIZATION ON CITY COUNCIL NOMINATION PROCESS TO FILL ONE (1) VACANCY ON THE SAN PABLO ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS FOR A TWO-YEAR STAGGERED TERM FROM FEBRUARY 2024 - JANUARY 2026
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Proceed with discussion and selection of one of the policy options to nominate a person for one (1) vacancy on the San Pablo EDC Board of Directors for a 2-year staggered term from February 2024 through January 2026, as follows:
Option #1:
If the City Council determines by minute order that as a policy matter the City nominee to the SPEDC Board does not need to be a resident in San Pablo, then consider advertisement of said vacancy for a short period to solicit any new applications. If the City Council chooses this option, then the City Manager can suggest during the meeting possible dates for the application period, and when the City Council could schedule a future meeting to conduct interviews, and make the nomination by majority vote of the City Council; OR
Option #2:
Proceed with selection of one (1) Councilmember, make by motion and approve by majority vote via minute order, to serve a 2-year staggered term from February 2024 - January 2026, and submit the City nominee to the SPEDC Board for approval; OR
Option #3:
Proceed with City Council authorization, by minute order to waive the City’s nominee for this particular term to be filled by subsequent appointment by the SPEDC Board of Directors per SPEDC By-Laws Article II requirements.
Body
Compliance statements
FY 2023-2025 Council Priority Workplan Compliance Statement
City Council Assignments and San Pablo Economic Development Corporation Board Appointments are not subject to being adopted policy items contained in the FY 2023-2025 City Council Adopted Priority Workplan, effective May 1, 2023, but are important for City governmental operations.
BACKGROUND
The City of San Pablo maintains the ability to nominate two (2) City appointees to serve with 2-year staggered terms on the San Pablo Economic Development Corporation Board of Directors (SPEDC Board). Currently, SPEDC By-laws do not require that any of the Board Members be residents or business owners in San Pablo. The prior and ongoing practice has been that the City nominees are San Pablo residents, presumably to ensure that the City’s nominees to the SPEDC Board are representative of the City of San Pablo community.
Current City Appointees to SPEDC Board of Directors
The following City of San Pablo nominees who are serving on the SPEDC Board include, as follows:
1) Mr. Saman Farid, San Pablo resident
On March 1, 2021, San Pablo resident Saman Farid was first nominated by the City Council to a two-year staggered term to the San Pablo EDC Board of Directors (Board) from February 2021 - January 2023 via Resolution #2021-022. On December 19, 2022, Mr. Saman Farid was nominated for re-appointment by the City Council by majority vote via minute action to another 2-year term from February 2023 - January 2025. The SPEDC Board of Directors subsequently affirmed his appointment.
2) Ms. Patricia Ponce, San Pablo Councilmember
On February 18, 2020, pursuant to adopted Resolution #2020-022, following an open, public application process, then Councilmember Patricia Ponce was nominated for appointment to the SPEDC Board of Directors for period February 2020 - January 2022. The SPEDC Board of Directors subsequently affirmed her appointment.
On January 18, 2022, the City Council nominated then Councilmember Patricia Ponce for re-appointment by majority vote via minute action to another 2-year term from February 2022 - January 2024. The SPEDC Board of Directors subsequently affirmed her appointment. At the end of January 2024, Mayor Ponce’s term will expire on the SPEDC Board as scheduled.
SPEDC Board of Directors Vacancy
On November 2, 2023, SPEDC Executive Director notified the City Manager via e-correspondence of a forthcoming City-nominated vacancy on the SPEDC Board at the end of January 2024, including outlining the formal procedure for the City to make a nomination and selection of a new City nominee for subsequent SPEDC Board approval in February 2024 in accordance with the adopted SPEDC By-Laws (See Attachment)
The proposed term of the SPEDC Board vacancy is for the next 2-year staggered term (2024-2026) from February 2024, and ending on the first meeting or annual meeting of the year for the SPEDC Board in January 2026 and noted above.
Regardless of time of appointment, San Pablo EDC Board Directors nominated by the San Pablo City Council shall serve terms of no more than two years. Directors may also serve up to three (3) consecutive 2-year terms. San Pablo business ownership and residency are not legal requirements of the City nominee - but can remain a policy requirement of the City Council for City Council appointees to the San Pablo EDC Board (See Attachment - Exhibit B)
Mayor Ponce’s Interest in Re-Appointment
On December 11, 2023, per email communication to the City Manager, Mayor Ponce expressed interest to continue her service for the next 2-year staggered term from February 2024, and ending on the first meeting or annual meeting of the year for the SPEDC Board in January 2026 subject to nomination by majority vote approval of the City Council by minute order, and affirmation by the San Pablo EDC Board.
City Council Options to Fill SPEDC Board Vacancy
The following Recommended Options by the City Manager are listed below for formal consideration by the City Council to fill upcoming one (1) vacancy on the San Pablo EDC Board for a 2-year staggered term from February 2024 through January 2026, as follows:
Option #1:
If the City Council determines by minute order that as a policy matter the City nominee to the SPEDC Board does not need to be a resident in San Pablo, then consider advertisement of said vacancy for a short period to solicit any new applications. If the City Council chooses this option, then the City Manager can suggest during the meeting possible dates for the application period and when the City Council could schedule a future meeting to conduct interviews, and make the nomination by majority vote of the City Council; OR
Option #2:
Proceed with selection of one (1) Councilmember, make by motion and approve by majority vote via minute order, to serve a 2-year staggered term from February 2024 - January 2026, and submit the City nominee to the SPEDC Board for approval; OR
Option #3:
Proceed with City Council authorization, by minute order to waive the City’s nominee for this particular term to be filled by subsequent appointment by the SPEDC Board of Directors per SPEDC By-Laws Article II requirements.
City Manager Summary Recommendation
The City Manager recommends the City Council strongly consider Option #2 since the incumbent (Mayor Ponce) is eligible and expressed formal interest in being nominated for re-appointment to the SPEDC Board to serve another 2-year staggered term from February 2024 - January 2026, and submit the City nominee to the SPEDC Board for approval.
City Councilmember and SPEDC Conflict of Interest Issues
NOTE: Due to conflict of interest issues, all Councilmembers appointed by the City Council may be subject to subsequent conflicts of interest should any official City and SPEDC business be presented to the City Council for subsequent approval, and may be disqualified from voting on any official City and SPEDC business.
FISCAL IMPACT
None associated with this action.
ATTACHMENTS:
Att A - Letter E-Notice dated 11/02/23 from SPEDC Executive Director to City Manager with Exhibit A - SPEDC Adopted By-Laws
Att B - Email dated 12/11/23 from Mayor Ponce to City Manager re: Interest in SPEDC Board Re-appointment Process