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Home My WebLink About12/16/2015 - STAFF REPORTS - 5.A. .10�?PLM spy .y V N C'041FORa�P CITY COUNCIL STAFF REPORT DATE: DECEMBER 16, 2015 NEW BUSINESS SUBJECT: REVIEW AND APPOINT CITY COUNCIL SUBCOMMITTEES AND CITY COUNCIL LIAISONS TO OUTSIDE ORGANIZATIONS AND CITY COMMISSIONS AND BOARDS. FROM: David H. Ready, City Manager BY: City Clerk SUMMARY Post the November 3, 2015, General Municipal Election, the City Council should consider the review and appointments to the various City Council Subcommittees and Liaisons to outside organizations. RECOMMENDATION: 1. Review, Reappoint and/or Appoint City Council Subcommittees and Liaisons to Outside Organizations and City Council Liaisons to certain City Commissions and Boards. 2. Adopt FPPC Form 806, authorize the City Manager to prepare and execute FPPC Form 806 Public Official Appointments, and direct the City Clerk to post on the City's website as required. STAFF ANALYSIS: The City Council routinely creates and appoints two-member ad hoc subcommittees to further study topics of limited scope and duration to advise the City Council as a whole, or the City Manager. Additionally, the City Council appoints liaisons to outside organizations and City Council liaisons to certain City Commissions and Boards as required and/or necessary for the circumstances. Staff recommends the City Council review the current list of City Council subcommittees and liaisons to outside organizations and reappoint/appoint as necessary. An ad hoc advisory committee, composed solely of less that a quorum of the legislative body, is exempted from the Brown Act, if the advisory committee serves a limited or single purpose, and is not perpetual, and is to be dissolved once their specific task is ITEM NO. City Council Staff Report December 16, 2015-- Page 2 Committees and Liaisons completed. The City Council Finance Subcommittee, created by resolution, and standing committees are subject to the notice and meeting requirements of the Brown Act. Staff recommends that the City Council review the list of City Council subcommittees and note any modifications and make appointments. The attached lists do not include ad hoc subcommittees to interview applicants to various commissions and boards. Those City Council ad hoc subcommittees are reviewed and updated annually as part of the yearly recruitment of Commissioners and Board Members. Pursuant to CVAG rule, the appointment of the Executive Committee voting member is the mayor or alternate who shall be an elected Councilmember. Each city manages the appointment to the Executive Committee, and CVAG defers to each City's determination who shall be the Executive Committee voting member. Palm Springs has selected the Executive Committee by a vote of the City Council. The FPPC amended § 18705.5 of the Regulations to authorize public officials to vote on their own appointments to compensated positions on various regional boards and commissions. However, before a public official may participate in a decision or vote to appoint themselves to a compensation position, § 18705.5 requires a new Form 806, as developed by the FPPC, be adopted by the City Council, filed and posted on the website. As new appointments are made, Form 806 must be amended to reflect such new appointments. Therefore, after its initial adoption, Form 806 will need to be updated and adopted by the City Council, from time to time, to reflect current City Council appointments to outside regional boards, commissions, joint-power authorities, and similar agencies. The last updated FPPC Form 806 is attached for reference. Staff recommends the City Council adopt and direct that FPPC Form 806 be revised, prepared, filed and posted as required. FISCAL IMPACT: None. AMES THOMPSON DAVID H. READY Chief of Staff/City Clerk City Manager Attachments: Liaisons List to External Organizations City Council Subcommittees List City Council Liaisons to City Commissions/Boards FPPC Form 806 FPPC Regulation § 18705.5 02 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA (a External Organizations Appointees and Liaisons Agency Designee Alternate CVAG — Executive Committee Mayor Pougnet Councilmember Mills 12-12-2007 12-12-2007 CVAG — Energy and Environment Mayor Pro Tern Lewin Councilmember Hutcheson 07-11-2012 12-12-2007 CVAG — Homelessness Committee Councilmember Foat Mayor Pro Tern Lewin 12-12-2007 12-14-2011 CVAG — Public Safety Mayor Pro Tern Lewin Councilmember Hutcheson 12-14-2011 12-12-2007 CVAG —Transportation Councilmember Foat Mayor Pro Tern Lewin 12-14-2011 12-14-2011 Coachella Valley Conservation Councilmember Mills Councilmember Foat Commission 12-12-2007 12-14-2011 Coachella Valley Mountains Councilmember Mills Councilmember Hutcheson Conservancy Board 12-12-2007 12-12-2007 Main Street/Uptown Business Assoc. Councilmember Hutcheson Councilmember Foat 12-18-2013 12-18-2013 Palm Springs Chamber of Commerce Councilmember Hutcheson Mayor Pro Tern Lewin 12-12-2007 12-14-2011 Greater Palm Springs Convention and Mayor Pougnet Councilmember Mills Visitors Bureau CVB 12-12-2007 12-12-2007 Riverside County Councilmember Foat Dale Cook Community Action Commission 10-05-2011 02-15-2012 Riverside County Mayor Pougnet No alternate. Community Benefit Committee 12-12-2007 (Appointed by the County Supervisor) Riverside County Councilmember Foat Mayor Pro Tern Lewin Transportation Commission 12-14-2011 06-19-2013 Sunline Councilmember Hutcheson Mayor Pougnet 12-14-2011 12-14-2011 Eastern Riverside County Mayor Pro Tern Lewin City Manager Interoperability Regional Authority 01-02-2013 12-18-2013 ERICA League of California Cities Annual Councilmember Foat Councilmember Mills Conference 07-03-13 07-03-13 Riverside County Airport Land Use Mayor Pro Tem Lewin Commission Friends of the Palm Springs Animal Councilmember Foat Shelter 03 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA (a Subcommittees Standing Subcommittees: Created Committee Member/Appointed Member/Appointed Resolution Finance/Budget Mayor Pougnet Councilmember Foat 12-12-07 12-12-07 2015-07-01 Coachella Valley (CV) Link Councilmember Foat Councilmember Mills 07-01-15 07-01-15 2015-01-21 Homelessness Mayor Pougnet Councilmember Foat 01-21-15 01-21-15 2014-02-19 Water Conservation Mayor Pougnet Mayor Pro Tern Lewin 02-19-14 02-19-14 2013-12-18 Vacation Rentals Councilmember Foat Councilmember Mills 12-18-13 12-18-13 2013-11-20 BUZZ Trolley Councilmember Foat Mayor Pro Tern Lewin 11-20-13 11-20-13 2012-12-05 Measure "J" Oversight Councilmember Hutcheson Mayor Pro Tern Lewin Commission 12-05-12 12-05-12 2008-04-02 Library Remodel/Expansion Mayor Pro Tern Lewin Councilmember Mills 12-14-11 04-02-08 2007-12-12 Sustainability Councilmember Foat Councilmember Hutcheson 10-07-09 10-7-09 2007-12-12 College of the Desert Councilmember Hutcheson Councilmember Foat 12-14-11 01-21-09 2007-12-12 Special Events Mayor Pougnet Mayor Pro Tern Lewin 12-12-07 12-14-11 2006-12-07 Business Retention Councilmember Foat Councilmember Hutcheson 12-12-07 12-12-07 2014-03-19 iHub/CVEP Mayor Pougnet Mayor Pro Tern Lewin 03-19-14 03-19-14 Walk of Stars Non-motorized Transportation Plan (Bike Lanes Ad Hoc Subcommittees: Created Committee Member/Appointed Member/Appointed 2015-04-01 Vacant Building and Lot Mayor Pro Tern Lewin Councilmember Hutcheson Regulations 04-01-15 04-01-15 2014-06-18 Historic Site Preservation Councilmember Foat Councilmember Mills Code Review 06-18-14 06-18-14 2014-04-02 Historic Plaza Theater Mayor Pro Tern Lewin Councilmember Mills 04-02-14 04-02-14 04 Created Committee Member/Appointed Member/Appointed 2012-12-19 Holiday Lighting Mayor Pro Tem Lewin Councilmember Mills 12-19-12 12-19-12 2011-12-14 Downtown — Museum Mayor Pougnet Councilmember Mills Market Plaza Project 12-14-11 12-14-11 2016 Council Strategic Planninq Retreat Governmental Reform, Ethics and Transparency Sign Ordinance Revision City Hall Landscape 05 CITY COUNCIL CITY OF PALM SPRINGS, CALIFORNIA a City Council Liaisons to City Commissions, Boards, Committees Commission/Board/Committee Member/Appointed Office of Neighborhood Involvement Councilmember Foat 07-16-2008 Airport Commission Councilmember Mills 12-15-2010 09 ------------- Agency Report of- Public Official Appointments REC'k*Pgblic Document 1. Agency Name PM70 City of Palm Springs 2012 AUG—1 0 Division,DeparfineK or ReglOR OfAmk-em) I*Nfl=un OM JAhES THOMp NIA CITY CLERi Designated Ageney Contact(Narns,MW James Thompson,City Cleric — ate Posted 2 Ann Code Phone Number E-mall Page 0 (760)M-8204 CityClerk@palmspfingmm.gov W"'Oft YW 2. Appointments We -M; CVAG 100.00 Executive Committee Mow Steve Pougnat a 12 12 07 Artemate�I my Chris Mills t None x$041,000 Eiszoais%oaa El CVAG Paul Lewin 07 / 11 1 12 75.DO Energy and Environment Omons Committee Rick Hutcheson r None [:332.00143.4)0O El$1,001-SUG0 ❑ ar CVAG Ginny Foat 12j L 2 Homelessness "M _ _j 07 75MOO Committee W� if any Paul Lewin None 0 W".000 042=143,000 [1$1.00142,(6 ❑ CVAG Paul Lewin rAIAAIMV.- 3 75.00 Public Safety Committee ONMMO r L 2 / 14 / 11 AW� EsWrmftdAnms0.- Aftmaik R M Rick Hutcheson Norte Osz.0o+-U,000 [161,M4Z0OO 0a. , 3. Verification I how Mdsgd wj*mkW - *F*OffMar)dvdwns5w1dmdhd son Ls bw to ft b"dawkkiomiswo Owbow MFC Rap&ffim 18705A lh�w.bd #A7 David H.Ready City Manager 08-01-2012 OW-101 P-X vow Comment FPPC Font 406(SM2) FPPC ToK.Fr*&Helplinw.SWASK-FPPC(806127347r2) 07 Agency Report of: Public Official Appointments MOM Continuation Sheet A Public Document Page 2 of 2 i. Agency Name City of Palm Springs Oat@ Pmtod: 08-01-2012 --WW 2. Appointments g3 0 CVAG Transportation Committee Ginny Foat 12 j 14 11 76.00 " Nw— 0 Paut Lewin None D9 6"1.000 0VwI-P,000 Mama*a my eaten wmrn. Coachella Valley Conservation Chris Mills 2 / 07 0 Pwm"Kv 3 75.00 Commission _L_ L j roMow 0 ESM&IAA&ML Ginny Foot None M$041,= 0$Z=43.000 Aft�4a" Palm Springs Desert 50.00 Resort Communities Steve Pougnet 12 / 12 / 07 "wAftsft 3 Convention and Visitors 0 Ex&raWAwxwt Authority I My None' Chris Mills 913&41.000 062.001-33.00 AKW(At% Riverside County Ginn Foat 1 Foat 12 j 14 11 $ 100.00 Transportation Commission AMMOK if my Sieve Pougnat None OWS1,000 0$2.001-83.000 ar Sunlins )Nana Rick Hutcheson 12 / 14 1 11 "Wuwww. $ 50.00 0 ExWn6ftdA,.wjW- Ahnide,Fany Steve Poug not None 0 6061.000 ❑nXI-43.000 , oar Parm"W4. s Akameta.Fany EIN41.ODO 1:1 W-m-s3me oas FPPC Fwrn ON(EM21 FPPC To9f rw Helpfine:NWASK.FPPC(SM75-37721 08 (Regulations of the Fair Political Practices Commission,Title 2,Division 6,California Code of Regulations) § 18705.5.Materiality Standard:Economic Interest in Personal Finances. (a)A reasonably foreseeable financial effect on a public official's or his or her immediate family's personal finances is material if it is at least $250 in any 12-month period. When determining whether a governmental decision has a material financial effect on a public official's economic interest in his or her personal finances,neither a financial effect on the value of real property owned directly or indirectly by the official,nor a financial effect on the gross revenues, expenses,or value of assets and liabilities of a business entity in which the official has a direct or indirect investment interest shall be considered. (b)The financial effects of a decision which affects only the salary,per diem, or reimbursement for expenses the public official or a member of his or her immediate family receives from a federal, state, or local government agency shall not be deemed material,unless the decision is to appoint,hire,fire,promote,demote,suspend without pay or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family,or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position,or when the member of the public official's immediate family is the only person in the job classification or position. (c)Notwithstanding subsection(b),pursuant to Section 82030(b)(2)and Regulation 18232,a public official may make,participate in making,or use his or her official position to influence or attempt to influence,a government decision where all of the following conditions are satisfied: 09 (1)The decision is on his or her appointment as an officer of the body of which he or she is a member(e.g.,mayor or deputy mayor), or to a committee,board,or commission of a public agency,a special district,a joint powers agency or authority,a joint powers insurance agency or authority,or a metropolitan planning organization. (2)The appointment is one required to be made by the body of which the official is a member pursuant to either state law,local law,or a joint powers agreement. (3)The body making the appointment referred to in paragraph(1)adopts and posts on its website,on a form provided by the Commission,a list that sets forth each appointed position for which compensation is paid,the salary or stipend for each appointed position,the name of the public official who has been appointed to the position and the name of the public official, if any, who has been appointed as an alternate,and the term of the position. COMMENT:Cross-references: For the definition of"immediate family,"see Government Code section 82029. Note:Authority cited: Section 83112,Government Code. Reference: Sections 87100,87102.5, 87102.6,87102.8 and 87103,Government Code. HISTORY 1.New section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2,California Code of Regulations, section 18312(d)and(e) (Register 98,No.48). 2. Change without regulatory effect amending section heading filed 3-26-99 pursuant to section 100,title 1,California Code of Regulations(Register 99,No. 13). 3. Editorial correction of History 1 (Register 2000,No. 25). 10 4.Amendment of section heading and section filed 1-17-2001;operative 2-1-2001.Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924,California Court of Appeal,Third Appellate District,nonpublished decision, April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001,No. 3). 5.Amendment of subsection(a)filed 1-16-2002;operative 2-15-2002(Register 2002,No.3). 6. Amendment of subsection(b)filed 6-21-2005;operative 7-21-2005 (Register 2005,No.25). 7.Amendment of subsection (a)filed 12-18-2006;operative 1-17-2007. Submitted to CAL for filing pursuant to Fair Political Practices Commission v. Office ofAdministradve Law,3 Civil C010924,California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006,No.51). 8.New subsections(c)-(c)(3)filed 4-23-2012;operative 5-23-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Offlce of Administrative Law,3 Civil C010924,California Court of Appeal,Third Appellate District,nonpublished decision,April 27, L992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 17). lI