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HomeMy WebLinkAbout8.1 Council Vacancyor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY COUNCIL February 5, 2013 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' Determination of How to Fill the Vacancy on the City Council Prepared by Joni Pattillo, City Manager EXECUTIVE SUMMARY: CITY CLERK File # 610 -30 Former City Councilmember Eric Swalwell resigned from the City Council effective January 2, 2013. The City Council must determine how to fill the vacancy. The City Council could choose to appoint a successor to hold the seat for the unexpired term of the former incumbent or call a special election to fill the vacancy (with or without a person being appointed to serve in the interim). The special election can be an all- mail - ballot election. FINANCIAL IMPACT: The fiscal impact will depend on the City Council's determination. If the City Council chooses to appoint a successor, the costs would be limited to the minimal staff time necessary to implement the appointment process. If the City Council chooses to utilize a special election to fill the vacancy, the City would bear the costs of the special election, which is estimated to cost between $210,000 and $252,000 for a standard election and $147,000 and $189,000 for an all- mail-ballot election. It is possible that the City could retain a private consultant to run an all- mail-ballot election for approximately $50,000, but additional work is necessary to determine the feasibility of utilizing a private consultant and what other costs the City would incur in taking this approach. RECOMMENDATION: Staff recommends that the City Council receive Staff's presentation, receive comments from the public, deliberate and determine how the City Council wishes to fill the vacant seat on the City Council from among the following options. 1. Option 1 Fill Vacancy by Appointment. If the City Council desires to appoint a replacement to fill the vacancy, Staff recommends that the City Council provide direction on how to administer the appointment process. 2. Option 2 Call a June 4, 2013 Special Election to Fill Vacancy. If the City Council desires to call a special election on June 4, 2013 to fill the vacancy, Staff recommends the City Council take one of the following actions: Page 1 of 6 ITEM NO. 8.1 a. For a Standard Election. Adopt a resolution calling a regular special election and calling for the election to be conducted by the Alameda County Registrar of Voters (Attachment 1); or b. For a Mailed - Ballot Election Conducted by County. Adopt a resolution calling an all -mail ballot special election and calling for the election to be conducted by the Alameda County Registrar of Voters (Attachment 2); or c. For Mailed - Ballot Election Potentially Conducted by City Consultant. Adopt a resolution setting an all -mail ballot special election (Attachment 3), and direct Staff to obtain information regarding the costs of having a private consultant conduct the election instead of the County Registrar. 3. Option 2A Call a November 5, 2013 Special Election to Fill Vacancy. If the City Council desires to call a special election on November 5, 2013 to fill the vacancy instead of on June 4, 2013, Staff recommends the City Council provide such direction. Staff would return with the necessary legislation to implement this direction at the February 19, 2013 City Council meeting. 4. Option 3 Call a June 4, 2013 Special Election to Fill Vacancy and Potentially Make Interim Appointment. If the City Council desires to call a special election on June 4, 2013 to fill the vacancy and also to consider the appointment of a person to serve until the special election, Staff recommends the City Council: a. adopt, by a 4 -0 vote, an urgency ordinance (Attachment 4) adding Section 2.08.035 to the Dublin Municipal Code to provide that a person appointed to fill a council vacancy serves until such time as a special election is held to fill the vacancy and b. take one of the following actions- i. For a Standard Election. Adopt a resolution calling a regular special election and calling for the election to be conducted by the Alameda County Registrar of Voters (Attachment 1); or ii. For a Mailed - Ballot Election Conducted by County. Adopt a resolution calling an all - mail ballot special election and calling for the election to be conducted by the Alameda County Registrar of Voters (Attachment 2); or iii. For a Mailed - Ballot Election Potentially Conducted by City Consultant. Adopt a resolution setting an all -mail ballot special election (Attachment 3), and direct Staff to obtain information regarding the costs of having a private consultant conduct the election instead of the County Registrar. and c. provide direction on how to administer the appointment process. 4. Option 3A Call a November 5, 2013 Special Election to Fill Vacancy and Potentially Make Interim Appointment. If the City Council desires to call a special election on November 5, 2013 to fill the vacancy and also to consider the appointment of a person to serve until the election, Staff recommends the City Council provide such direction along with direction on Page 2 of 6 how to administer the appointment process. Staff would return with the necessary legislation to implement this direction at the February 19, 2013 City Council meeting. DESCRIPTION: Background Congressman Swalwell resigned from the City Council, effective January 2, 2013. The term he was serving expires after the November 2014 election. State law provides that once a vacancy occurs on the City Council, the City Council must within 60 days of the commencement of the vacancy fill the vacancy by either appointing a replacement to fill the vacancy or calling a special election to fill the vacancy. (See Gov. Code, § 36512.) The deadline to take action to fill the current vacancy is Saturday, March 2, 2013. State law also authorizes a City Council to adopt an ordinance that provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. Thus, the City Council's three primary options are to: 1) appoint a successor for the remainder of the term, 2) call a special election to elect a successor for the remainder of the term, or 3) call a special election to elect a successor for the remainder of the term and appoint an interim successor to serve on the City Council until the special election is conducted and a new member is elected and sworn in. This third option would require the City Council to, by a unanimous vote, adopt an urgency ordinance amending the Dublin Municipal Code by a vote of 4 -0. If the City Council chooses to call a special election, it must decide whether to call a `regular' special election in which voting would be conducted in the traditional manner, or an "all-mail ballot" election in which all voting would be conducted by mail. Furthermore, because of the timing of the upcoming established election dates, the City Council also has the option of calling the special election to fill the vacancy on either June 4, 2013 or November 5, 2013. Because a June 4, 2013 special election must be called by February 7, 2013, Staff has provided all of the necessary legislation with tonight's agenda item. If it is the City Council's desire to call an election for November 5, 2013, the action will have to be taken after February 7, 2013; therefore, should this be the City Council's direction, Staff would return with the necessary legislation at the February 19, 2013 City Council meeting. Option 1 Appoint a Successor for the Remainder of the Term — The City Council may appoint a successor, who would hold office for the unexpired term of the former incumbent (until following the November 2014 election). (Gov. Code § 36512, subd. (b).) The person appointed must be a United States citizen, at least 18 years of age, and a resident of the City. (See Gov. Code, § 36502, Elect. Code, 321.) As noted, this appointment would have to be made by March 2, 2013. The Rules for Conduct of Meetings of the City Council provide that this action can only be taken at a meeting at which all sitting City Council members are present. (Resolution No. 19 -11, § 19.) The attached staff report (Attachment 5) from the City Council's last appointment describes the process the City Council has traditionally followed in appointing successors to fill vacant seats. Page 3 of 6 If the City Council wishes to appoint a successor, it should provide Staff with direction on the process to be used to make the appointment. The City has previously filled four unscheduled councilmember vacancies and one unscheduled mayoral vacancy. The mayoral vacancy was filled by appointing a member of the elected City Council, and a special election was conducted to fill the resulting councilmember vacancy. The procedure for appointing the three other unscheduled City Council vacancies has been to solicit applications, interview the applicants at a public meeting of the City Council, and finally to vote on the replacement. A copy of the application form previously utilized by the City is attached to this report as Attachment 6. The City Council may, if it wishes, choose to utilize this form, with or without modifications. Pursuant to the Rules for Conduct of Meetings of the City Council, voting on the replacement must adhere to Robert's Rules of Order. (Attachment 5; Resolution No. 19 -11, § 11(h).) Robert's Rules provide that City Councilmembers may nominate applicants to fill the position. Each nomination is voted upon by the City Council until such time as a nominee receives three or more votes. In 2008, a procedure was drafted for use at the City Council meeting at which applicants were interviewed and an appointment was made. A copy of the 2008 procedure is attached to this report as Attachment 7. The City Council may, if it wishes, choose to utilize this procedure with or without modifications. The process for Option 1 is as follows: 1. Determine selection method for nominees. a. Application. Establish questions for application (Attachment 6) Determine open application period. iii. Set date and time of interviews. (e.g. Regular City Council meeting, Special City Council meeting (potential dates for Special City Council meeting, Thursday, February 21, or Tuesday, February 26, 2013). iv. Set date and time of nominations. (e.g. Regular City Council meeting, Special City Council meeting (potential dates for Special City Council meeting, Thursday, February 21, or Tuesday, February 26, 2013). 2. Interview and nomination process at Regular City Council meeting or Special City Council meeting. Option 2 Call a Special Election to Fill the Vacancy — The City Council may call a special election to fill the vacancy. The special election would then be held on the next regularly established election date not less than 114 days from the call of the special election. (Gov. Code, § 36512, subd. (b).) The next regularly established election date that is more than 114 days from today is Tuesday, June 4, 2013. Any election called after February 9, 2013, would be held on November 5, 2013. Thus, in this particular circumstance, since it has until March 3, Page 4 of 6 2013 to act, the City Council has the option of choosing on which of these two dates the special election would occur. The specially elected City Councilmember would hold office until the results of the November 4, 2014 General Election are certified, when former City Councilmember Swalwell's term would have expired. If the City Council calls a special election, the City would pay for it. Presently, the County Registrar is estimating a cost per registered voter of $10 -$12 per voter for a "standard" standalone election; $7 -$9 per voter for a mailed - ballot election; and $4 -$6 per voter for a countywide consolidated election. Based on 21,000 registered voters for the November 2012 General Election, Staff can estimate a range of between $210,000 and $252,000 for a standalone standard election; $147,000 and $189,000 for a mailed - ballot election; and $84,000 and $126,000 for a countywide consolidated election. Based on Staff's discussions with the Registrar of Voters' Office, it is unlikely that another election will be held on either June 4 or November 5 with which the City's special election could be consolidated. Thus, the costs should be assumed to be between $210,000 and $252,000 for a standalone standard election and $147,000 and $189,000 for a mailed - ballot election. Staff has also consulted with a private consultant that could run a mailed - ballot election, and the preliminary indication is that this approach would cost approximately $50,000. Staff needs to perform additional work to determine the true costs of such an election run by a private consultant and also whether there are legal and practical issues with doing so for the Registrar of Voters. If the City Council wishes to call a special election for June 4, 2013, Staff has prepared three resolutions for the City Council's consideration. The first (Attachment 1) would call a `regular' special election to be held on June 4, 2013, and to be conducted by the Alameda County Registrar of Voters. The second (Attachment 2) would call an all -mail ballot special election to be held on June 4, 2013 and to be conducted by the Alameda County Registrar of Voters. The third (Attachment 3) would call an all -mail ballot special election to be held on June 4, 2013, but it does not identify who would conduct the election. If the City Council chose this third alternative, Staff would conduct additional research and provide the City Council with additional information regarding the costs of having a consultant conduct the election on behalf of the City Clerk. If the City Council wishes to call a special election for November 5, 2013 instead of June 4, 2013, Staff would return on February 19, 2013 with the necessary legislation. If the City Council elects to call a special election, the process for Option 2 is as follows: 1. Adopt resolution to call a Special Election. (Depending on the City Council's preference, this will be either Attachment 1, 2 or 3.) Option 3. Appoint a Successor to serve until a Special Election to Fill the Vacancy — Finally, the City Council may adopt an ordinance that specifies that the person appointed to fill the vacancy will only serve until a special election is held to fill the vacancy. If the City Council chooses this course of action, it must immediately call a special election, and thereafter it may make an interim appointment. Thus, if the ordinance were adopted before February 7, the City Council would be required to call the election for June 4, 2013; and if it were adopted after February 7, the election would be called for November 5, 2013. While the special election must be called immediately, there is no requirement that the City Council immediately make the appointment or that it make the appointment at all. Thus, the City Page 5 of 6 Council could thereafter choose to make the appointment at any point up until March 2, 2013. (Gov. Code. § 36512, subd. (c)(3).) Furthermore, the City Council could ultimately choose not to make an appointment, in which case the seat would remain vacant until the person elected at the special election is seated. As mentioned above, adoption of the urgency ordinance would require an affirmative vote of all four members of the City Council The process for Option 3 is as follows: 1. Waive the reading and by a 4 -0 vote, adopt an Urgency Ordinance (Attachment 4) adding Section 2.08.035 to the Dublin Municipal Code. 2. Adopt resolution to call a Special Election. (Depending on the City Council's preference, this will be either Attachment 1, 2 or 3.) 3. Determine selection method for nominees a. Application i. Establish questions for application (Attachment 6). ii. Determine open application period. iii. Set date and time of interviews. (e.g. Regular City Council meeting or Special City Council meeting.) iv. Set date and time of nominations. (e.g. Regular City Council meeting or Special City Council meeting.) 4. Interview and nomination process at Regular City Council meeting or Special City Council meeting. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. 2013 - Vacancy Special Election - Regular Ballot- County 2. 2013 - Vacancy Special Election-All Mail Ballot- County 3. 2013 - Vacancy Special Election-All Mail Ballot- Consultant Alternative 4. 2013 - Vacancy- Urgency Ordinance 5. Resolution No. 19 -11 CC Rules for Meetings 6. Application To Serve on City Council 7. 2008 Appointment Procedure Page 6 of 6 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** CALLING A SPECIAL MUNICIPAL ELECTION TO FILL THE VACANT POSITION OF A CITY COUNCIL MEMBER; REQUESTING CONSOLIDATION WITH AN ESTABLISHED LOCAL ELECTION TO BE HELD ON JUNE 4,2013; REQUESTING THAT THE COUNTY REGISTRAR PERFORM CERTAIN ELECTION SERVICES IN CONNECTION WITH SAID SPECIAL ELECTION; AND AUTHORIZING THE CITY MANAGER TO REIMBURSE THE COUNTY FOR ELECTION SERVICES WHEREAS, the position of City Councilmember became vacant upon the resignation of Eric Swalwell, effective January 2, 2013; and, WHEREAS, former Councilmember Swalwell was elected at the November 2, 2010 General Election for a four -year term; and, WHEREAS, pursuant to Section 36512 of the Government Code, when a vacancy occurs in the office of City Councilmember, the City Council may call a special election to fill the vacancy for the remainder of the term; and WHEREAS, in compliance with the Government Code, which requires that a special election to fill a vacancy be conducted at the next regularly established election date that is at least 114 days after the City Council calls said special election, the City Council wishes to call a special election to fill said vacancy for June 4, 2013; and WHEREAS, the City Council desires to have the Alameda County Registrar of Voters render certain services in connection with the special election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows- 1 . The City Council hereby calls a special municipal election to be held on June 4, 2013 to fill the vacant position of City Councilmember. 2. Pursuant to Sections 10400 and 10403 of the California Elections Code, the City Council of the City of Dublin hereby requests that the Alameda County Board of Supervisors consolidate this special municipal election with other elections, which may be held in whole or in part of the territory of the City and direct the Registrar of Voters to conduct all necessary services related to the special municipal election, and to bill the City for the costs of conducting said election. 3. The timing of the submission of nomination documents for candidates shall be governed by Section 10407 of the California Elections Code and submitted to the office of the City Clerk no later than 5 p.m. eighty eight (88) days prior to the date of the special election. Nomination documents shall be available in the office of the City Clerk during the hours that City Hall is normally open to the public. 4. Pursuant to Section 13307 of the California Elections Code, each candidate may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words, of the candidate's education and qualifications. Such statement shall not include the party affiliation of the candidate or the candidate's membership or activity in partisan political organizations. Such statements shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statements may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 on the next working day after the close of the nomination period. 5. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54 -73, August 6, 1975), as applied to Alameda County, a Spanish and a Chinese translation of the candidate's statement shall be made available to anyone requesting the translations. 6. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code and, as permitted by Section 13307 of the Elections Code, shall require each candidate filing a statement to pay in advance his or her prorated share as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. 7. The office of the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of Alameda County. 8. The City Manager is hereby authorized to reimburse Alameda County in full for such services actually performed upon presentation of a bill from the County. 9. Notice of the time and place of holding the election is hereby given and the office of the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. PASSED, APPROVED AND ADOPTED this 5th day of February, 2013, by the following vote: AYES: NOES: FA ABSENT: ABSTAIN: Mayor ATTEST: City Clerk RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** CALLING A SPECIAL ALL -MAIL BALLOT MUNICIPAL ELECTION TO FILL THE VACANT POSITION OF A CITY COUNCIL MEMBER; REQUESTING THAT THE COUNTY REGISTRAR PERFORM CERTAIN ELECTION SERVICES IN CONNECTION WITH SAID SPECIAL ELECTION; AND AUTHORIZING THE CITY MANAGER TO REIMBURSE THE COUNTY FOR ELECTION SERVICES WHEREAS, the position of City Councilmember became vacant upon the resignation of Eric Swalwell, effective January 2, 2013; and WHEREAS, former Councilmember Swalwell was elected at the November 2, 2010 General Election to a four -year term; and WHEREAS, pursuant to Section 36512 of the Government Code, when a vacancy occurs in the office of City Councilmember, the City Council may call a special election to fill the vacancy for the remainder of the term; and WHEREAS, California Elections Code Section 4004 permits a special election to fill a vacancy on the City Council to be conducted by using an all -mail ballot; and WHEREAS, in compliance with the Government Code, which requires that a special election to fill a vacancy be conducted at the next regularly established election date that is at least 114 days after the City Council calls said special election, the City Council wishes to call a special all -mail ballot election to fill said vacancy for June 4, 2013; and WHEREAS, the City Council desires to have the Alameda County Registrar of Voters render certain services in connection with the special election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows- 1 . The City Council hereby calls a special all -mail ballot municipal election to be held on June 4, 2013 to fill the vacant position of City Councilmember. 2. Pursuant to Sections 10400 and 10403 of the California Elections Code, the City Council of the City of Dublin hereby requests that the Alameda County Board of Supervisors direct the Registrar of Voters to conduct all necessary services related to the special all -mail ballot municipal election, and to bill the City for the costs of conducting said election. 3. The timing of the submission of nomination documents for candidates shall be governed by Section 10407 of the California Elections Code and submitted to the office of the City Clerk no later than 5 p.m. eighty eight (88) days prior to the date of the special election. Nomination documents shall be available in the office of the City Clerk during the hours that City Hall is normally open to the public. 4. Pursuant to Section 13307 of the California Elections Code, each candidate may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words, of the candidate's education and qualifications. Such statement shall not include the party affiliation of the candidate or the candidate's membership or activity in partisan political organizations. Such statements shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statements may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 on the next working day after the close of the nomination period. 5. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54 -73, August 6, 1975), as applied to Alameda County, a Spanish and a Chinese translation of the candidate's statement shall be made available to anyone requesting the translations. 6. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code and, as permitted by Section 13307 of the Elections Code, shall require each candidate filing a statement to pay in advance his or her prorated share as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. 7. The office of the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of Alameda County. 8. The City Manager is hereby authorized to reimburse Alameda County in full for such services actually performed upon presentation of a bill from the County. 9. Notice of the time and place of holding the election is hereby given and the office of the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. PASSED, APPROVED AND ADOPTED this 5th day of February, 2013, by the following vote: AYES: FA NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** CALLING A SPECIAL ALL -MAIL BALLOT MUNICIPAL ELECTION TO FILL THE VACANT POSITION OF A CITY COUNCIL MEMBER TO BE HELD ON JUNE 4, 2013 WHEREAS, the position of City Councilmember became vacant upon the resignation of Eric Swalwell, effective January 2, 2013; and WHEREAS, former Councilmember Swalwell was elected at the November 2, 2010 General Election to a four -year term; and WHEREAS, pursuant to Section 36512 of the Government Code, when a vacancy occurs in the office of City Councilmember, the City Council may call a special election to fill the vacancy for the remainder of the term; and WHEREAS, California Elections Code Section 4004 permits a special election to fill a vacancy on the City Council to be conducted by using an all -mail ballot; and WHEREAS, in compliance with the Government Code, which requires that a special election to fill a vacancy be conducted at the next regularly established election date that is at least 114 days after the City Council calls said special election, the City Council wishes to call a special all -mail ballot election to fill said vacancy for June 4, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows- 1 . The City Council hereby calls a special all -mail ballot municipal election to be held on June 4, 2013 to fill the vacant position of City Councilmember. 2. The timing of the submission of nomination documents for candidates shall be governed by Section 10407 of the California Elections Code and submitted to the office of the City Clerk no later than 5 p.m. eighty eight (88) days prior to the date of the special election. Nomination documents shall be available in the office of the City Clerk during the hours that City Hall is normally open to the public. 3. Pursuant to Section 13307 of the California Elections Code, each candidate may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words, of the candidate's education and qualifications. Such statement shall not include the party affiliation of the candidate or the candidate's membership or activity in partisan political organizations. Such statements shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statements may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 on the next working day after the close of the nomination period. 4. In compliance with 1992 amendments to the Federal Voting Rights Act of 1965 (Public Law 54 -73, August 6, 1975), as applied to Alameda County, a Spanish and a Chinese translation of the candidate's statement shall be made available to anyone requesting the translations. 5. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statement filed pursuant to the Elections Code and, as permitted by Section 13307 of the Elections Code, shall require each candidate filing a statement to pay in advance his or her prorated share as a condition of having his or her statement included in the voter's pamphlet. The City Clerk shall bill each candidate for any cost in excess of the deposit and shall refund any unused portion of any deposit. 6. Notice of the time and place of holding the election is hereby given and the office of the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. PASSED, APPROVED AND ADOPTED this 5th day of February, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk FA Mayor ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF DUBLIN ADDING SECTION 2.08.035 TO THE MUNICIPAL CODE RELATING TO VACANCIES ON THE CITY COUNCIL RECITALS WHEREAS, Upon a vacancy on the City Council, California Government Code section 36512, requires that the Council appoint a person to serve out the remainder of the vacating Council member's term or call a special election to fill the vacancy at the next regularly scheduled election that is not less than 114 days from the calling of the special election. Ordinarily, therefore, if a special election is called to fill the vacated seat, there will be less than the full complement of Councilmembers during the period between the vacancy and the special election; and WHEREAS, California Government Code section 36512 authorizes a city council to adopt an ordinance that requires the City Council, when a vacancy occurs, to immediately call a special election and that specifies that any person appointed to fill the vacancy holds office until the date of the special election to fill the remainder of the term; and WHEREAS, a seat on the City Council became vacant on January 2, 2013; and WHEREAS, the next two regularly established election dates are June 4, 2013 and November 5, 2013; and WHEREAS, the City Council wishes to ensure, first, that the City's electorate ultimately fills the anticipated vacated seat at a special election, and, second, that the full complement of City Council members is sitting on the Council during the interim period between the calling of a special election and the election to fill the vacancy; and WHEREAS, the City Council finds that having the full complement of Council members ensures that the people have ready access to their representatives and that the people's business is accomplished in an efficient and effective manner. NOW, THEREFORE, the Dublin City Council does ordain as follows: SECTION 1: Section 2.08.035 is hereby added to the Municipal Code of the City of Dublin to read as follows: 2.08.035 Council vacancies. (a) If a vacancy occurs on the City Council, the City Council shall immediately call a special election to fill the vacancy. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (b) Following the calling of a special election to fill the vacancy, the City Council may appoint an individual to fill the vacancy. The person so appointed holds office only until the date of the special election to fill the vacancy. (c) This section is authorized by subdivision (c)(3) of Government Code section 36512. SECTION 2: SEVERABILITY The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 3: EFFECTIVE DATE: URGENCY STATEMENT The City Council finds and declares that this Ordinance must be adopted as an urgency matter because it is necessary for the immediate preservation of the public peace, health and safety within the meaning of California Government Code section 36937. This Ordinance shall therefore take immediate effect. The facts and circumstances described in the Recitals of this Ordinance support such necessity and are hereby incorporated into this Ordinance. The City Council further finds as follows: In order to ensure that the people of the City of Dublin elect a replacement to fill a vacated City Council seat as soon as possible, and to ensure there continue to be five seated members of the City Council during the period between the vacancy and the election of a council member to the vacated seat, it is necessary that this ordinance take effect immediately. SECTION 4: POSTING The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of , 2013. AYES: NOES: ABSENT: ABSTAIN: Tim Sbranti, Mayor ATTEST: Caroline Soto, City Clerk RESOLUTION NO. 19 — 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO. 25-08) WHEREAS, from time to time, the City Council amends and restates the Rules for the Conduct of Meetings of the City Council ( "the Rules "), and the Rules were last restated by Resolution No. 25- 08; and WHEREAS, the City Council wishes to review, amend and restate the Rules of Conduct of Meetings of the City Council following each General Municipal Election, and, following the November 2010 General Election, the City Council at its meeting on February 15, 2011 reviewed the Rules and hereby restates the Rules with revisions proposed by staff. NOW, THEREFORE, BE IT RESOLVED that all other previous Rules related to the conduct of meetings of the City Council are restated, as follows: 1. REGULAR MEETINGS a. Time Regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 7:00 p.m., except that Closed Session Items shall be held at 6:30 p.m. Whenever the day fixed for any regular meeting of the City Council falls upon a day designated as a holiday, such meeting will be held at the same hour on the next succeeding day not a holiday. b. Place All regular meetings of the City Council shall be held at the Civic Center, as designated by Ordinance. C. Public All meetings of the City Council shall be open to the public; provided, however, the City Council may hold closed sessions as provided by the laws of the State of California. 2. SPECIAL MEETINGS A special meeting may be ordered at any time by the Mayor whenever in his /her opinion the public business may require it or upon the written request of any three members of the City Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by any other means by the City Clerk to each member of the City Council and to each local newspaper of general circulation and radio /television station requesting notice in writing. Such notice must be delivered at least twenty -four (24) hours before the time of such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at such meetings by the City Council. The agenda for special meetings shall contain the information set forth in Section 3.a. - d. below. At least twenty -four (24) hours before each special meeting, the City Clerk shall post a copy of the agenda, including the call and notice of the special meeting at the same location identified in Section 3 below. Page 1 of 7 3. AGENDA In order to facilitate the orderly conduct of the business of the City Council, the City Clerk shall be notified no later than 11:00 a.m., on the Tuesday immediately preceding a regular City Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the City Council at such meeting. Immediately thereafter, the City Clerk shall arrange an agenda of such matters according to the order of business and furnish each member of the City Council, the City Manager, City Attorney, City Department Heads and Staff with a copy of the agenda packet prior to the City Council meeting and as far in advance of the meeting as time for preparation will permit. The agenda prepared by the City Clerk shall, at a minimum, include: a. The date of the meeting b. The time of the meeting C. The location of the meeting d. A brief general description of each item of business to be transacted or discussed at the meeting e. Specified period of time for members of the public to address the City Council on items of interest to the public that are within the jurisdiction of the City Council, including a provision that no person may speak longer than three (3) minutes, and including language that the City Council can only briefly respond with questions, refer to Staff, or place on a future agenda f. A specified section under which City Councilmembers and Staff may present informational only reports. At least seventy -two (72) hours before each regular meeting, the City Clerk shall post a copy of the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza, Dublin, California. The City Clerk shall execute a declaration of posting which shall be filed in the Office of the City Clerk. The City Clerk shall so mark or- denote "Consent Calendar" items on the agenda to identify those items on the agenda which can reasonably be expected to generate no discussion by members of the City Council, City Staff or interested persons in the audience. The City Council shall consider all of the items on the Consent Calendar portion of the agenda at one time by a vote after a motion has been duly made and seconded. If any member of the City Council, City Staff or interested person in the audience requests that a consent item be removed from the list, such item shall be taken up for consideration and disposition in the order listed on the agenda. 4. PRESIDING OFFICER The Mayor shall preside at all City Council meetings and perform such other duties consistent with his /her office as may be imposed by the City Council. The Mayor shall be entitled to vote, but shall possess no veto power. The Mayor shall be recognized as the official head of the City for all ceremonial purposes. Page 2 of 7 The Mayor shall preserve strict order and decorum at all regular and special meetings of the City Council. The Mayor shall state every question coming before the City Council, call for the vote, announce the decision of the City Council on all subjects and decide all questions of order, subject however, to an appeal of the City Council, in which event a majority vote of the City Council shall govern and conclusively determine such question of order. The Mayor shall sign all Ordinances adopted by the City Council during his /her presence. In the event of the absence of the Mayor, the Mayor Pro Tempore shall sign Ordinances as then adopted. 5. CALL TO ORDER The Mayor, or in his /her absence, the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the City Council to order. In the absence of the Mayor or Mayor Pro Tempore, the City Clerk shall call the City Council to order, whereupon a temporary chair shall be elected by the members of the City Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chair shall immediately relinquish the chair upon the conclusion of the business immediately before the City Council. 6. ATTENDANCE Before proceeding with the business of the City Council, the City Clerk shall enter into the minutes, the names of the members present or absent. No formal roll call need be taken. 7. QUORUM A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a lesser number than a quorum may adjourn from time to time. The City Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. If he /she does, he /she shall cause written notice of the adjournment to be given in the same manner as provided for special meetings. A copy of the order or notice of adjournment. shall be posted in the Civic Center Kiosk and other places designated by the City Council within twenty -four (24) hours after the time of adjournment. Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings. 8. ORDER OF BUSINESS Promptly at the hour set on the day of each regular meeting, the members of the City Council, City Clerk (or Designee) and City Manager (or Designee) shall take their regular stations in the City Council Chambers and the business of the City Council shall be taken up for consideration and disposition in the following order except that with the unanimous consent of the City Council, matters may be taken up out of order: • Call to Order (Closed Session) • Call to Order & Pledge of Allegiance to the Flag • Report on Closed Session Action Page 3 of 7 • Oral Communications • Consent Calendar • Written Communications • Public Hearings • Unfinished Business • New Business • Other Business (City Council /Staff Informational Only Reports /Matters Too Late for the Agenda) • Adjournment 9. MATTERS TOO LATE FOR THE AGENDA a. No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless (1) The City Council determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; (2) The City Council determines by vote of two- thirds of the members present (i.e. four votes if five members are present and three votes if four members are present), or by a unanimous vote of the members of the City Council if only 3 members are present, that there is a need to take immediate action and that the need for action came to the City Council's attention after the agenda was posted; (3) The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting at which the action is being taken. b. When an item not on an agenda is raised by a member of the public, the City Council may briefly respond, may ask questions for clarification, provide a reference to Staff or other resources, or request Staff to report back at a subsequent meeting. Furthermore, a member of the City Council may take action to place a matter of business on a future agenda. 10. READING OF MINUTES Unless the reading of the minutes of a City Council meeting is requested by a member of the City Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy.thereof. 11. RULES OF DEBATE a. Presiding Officer may debate The Mayor or such other member of the City Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members. He /she shall not be deprived of any of the rights and privileges of a City Councilmember by reason of his /her acting as the Presiding Officer. b. Getting the floor Every member desiring to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself /herself to the question under debate. Page 4 of 7 C. Interruations•A member once recoanized. she not be interrupted when speaking unless it be to call him /her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he /she shall cease speaking until the question of order be determined, and if in order, he /she shall be permitted to proceed. d. Privileqe of closing debate The City Councilmember moving the adoption of an Ordinance or Resolution shall have the privilege of closing the debate. e. Motion to reconsider A motion to reconsider any action taken by the City Council may be made at any time. Such a motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the City Council from making or remaking the same or other motion at a subsequent meeting of the City Council. f. Remarks of City Councilmember A City Councilmember may request through the Mayor, the privilege of having an abstract of his /her statement on any subject under consideration by the City Council entered in the minutes. If the City Council consents thereto, such statement shall be entered in the minutes. g. Synopsis of Debate The City Clerk may be directed by the Mayor with the consent of the City Council, to enter in the minutes a synopsis of the discussion of any question coming regularly before the City Council. h. Rules of Order Except as otherwise provided in this Resolution, the current edition of "Roberts Rules of Order" shall govern the conduct of the meetings of the City Council. 12. ADDRESSING THE CITY COUNCIL Any person desiring to address the City Council at a meeting shall first secure the permission of the Mayor to do so; provided, however, that under the following headings of business, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the Mayor. a. Written Communications Interested persons or their authorized representative may address the City Council by written communication on any matters concerning the City's business, or any matters over which the City Council has control. Such written communication shall be delivered to the City Clerk no later than 11:00 a.m., of the Tuesday immediately preceding the regular City Council meeting for which such written communication is intended. b. Oral Communications Interested persons in the audience or their authorized representatives may address the City Council by oral communications on any matters over which the City Council has control; provided, however, that preference shall be given to those persons who have notified the City Clerk in advance of their desire to speak in order that the same may appear on the agenda of the City Council. 13. ADDRESSING THE CITY COUNCIL AFTER MOTION IS MADE After a motion is made by the City Council, no person shall address the City Council without first securing the permission of the Mayor to do so. Page 5 of 7 14. MANNER OF ADDRESSING CITY COUNCIL Each person addressing the City Council shall stand at the podium, and give his /her name and address in an audible tone of voice for the record. A Speaker Slip shall be completed in order to facilitate preparation of the minutes. All remarks shall be addressed to the City Council as a body and not to any member thereof. No person, other than the City Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the City Council, without the permission of the Mayor. No question shall be asked a City Councilmember except through the Mayor. 15. VOTING a. Members of the City Council shall vote by a "voice vote" on all Ordinances, Resolutions and other matters, unless a roll call vote is required by law or is requested by a City Councilmember. Silence shall be recorded as an affirmative vote. The Mayor shall announce the result of the vote. The City Clerk shall show on Ordinances and Resolutions, the names of City Councilmembers voting "Aye" and "No ". b. The vote on any matter being considered by the City Council may be delayed by the Mayor until all members of the City Council present for a meeting, and not excused as herein provided, are present at the City Council dais. C. A member of the City Council who has a conflict of interest regarding any matter being considered by the City Council shall declare the conflict and excuse himself /herself from participating in the City Council's deliberations and decisions regarding that matter. 16. ORDER AND DECORUM a. By City Councilmembers While the City Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council nor disturb any member while speaking or refuse to obey the orders of the City Council or Mayor, except as otherwise herein provided. b. By Persons Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the City Council or who shall by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council or disturb any member while speaking or refuse to obey the orders of the City Council or the Mayor shall be forthwith, by the Mayor, barred from further audience before the City Council, unless permission to continue is granted by a majority vote of the City Council. C. Enforcement of Order and Decorum A law enforcement officer shall be designated as Sergeant -at -Arms of the City Council meetings when requested by the Mayor. He /she shall carry out all orders and instructions given at the City Council meeting. Upon instruction of the Mayor, it shall be the duty of the Sergeant -at -Arms, as to any person who violates the order and decorum of the meeting to remove and bar such person from the City Council meeting. Violation of the order and decorum of a City Council meeting is a misdemeanor. d. Smoking Smoking is prohibited at all times in all City -owned facilities. Page 6 of 7 17. PROHIBITION ON POLITICAL ACTIVITIES Members of the City Council shall not engage in political activities related to local, state, or federal elections during City Council meetings. Nothing in this section shall prevent the City Council from considering whether or not to support or oppose a ballot measure or state or federal legislation. 18. SPECIAL COMMITTEES /TASK FORCES All special committees /task forces shall be appointed by the Mayor, subject to approval of the City Council. 19. CITY COUNCILMEMBER VACANCIES When a vacancy occurs on the City Council, in the office of City Councilmember or Mayor, and the City Council determines to consider filling the vacancy by appointment, the City Council will make such appointment only at a meeting at which all remaining City Councilmembers (including the Mayor) are present. This rule shall not preclude the City Council from. calling a special election to fill the vacancy or from adopting an ordinance to fill the vacancy pursuant to Government Code Section 36512 at a meeting at which one of the remaining City Councilmembers (including the Mayor) is absent. 20. PROTESTS Any City Councilmember shall have the right to have the reasons for his /her dissent from or protest against, any action of the City Council entered in the minutes. 21. ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. 22. RULES AVAILABLE FOR PUBLIC REVIEW A copy of this Resolution shall be available at all meetings of the City Council for review by the public. PASSED, APPROVED AND ADOPTED this 15th day of February, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTES �c City Clerk Reso No. 19 -11, Adopted 2- 15 -11, Item 7.4 Page 7 of 7 Jz' Mayor APPLICATION TO SERVE ON CITY COUNCIL OR ''� 0 Name Address Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 APPLICANTS MUST BE REGISTERED VOTERS IN THE CITY OF DUBLIN Date Phone (Home) (Work) E -mail \ Employer: Ilk Address: Type of Business: • Backgrou ��ucat on, ,. i ` Why do you want to4e on the City Council? Prior Public Service or Civic activity: II)'!%� 0 I lT b to ATTACHMENT 4 tzub i('0 1. What do you believe are the top two or three policy issues facing the City and how do you believe you can contribute to solving them? 2. How do you perceive the City's future growth? 3. Being an effectiv be f the Cit it requir a6pod deal of pre- meeting preparati udin `the w' °ngness t ad to ral hundred pages of staff repo ore e e ' How wil ou hale this responsibility? 4. In your view, what do you believe your relationship as a City Councilmember should be to the public? Other Councilmembers? City Manager? City Employees? 13 t ((-o 5. What is your view of providing services to the community and the financing of those services? What additional services, if any, do you believe should be provided to the Community? 6. What do you feel is the most important contribution you can s a member of the ;Pt City Council? r Other infor ation or mm ts: PLEASE RETURN THIS COMPLETED FORM TO CAROLINE P. SOTO, CITY CLERK BY 20xx. PROPOSED City Council Vacancy Process 7.2 City Council Vacancy ■ 1 minute time limit for those wishing to address the Council on the issue ■ Selection Process: Random drawing. Staff will have all 14 names on separate sheets of paper. The City Clerk will read each name aloud and then place them in a container. The Assistant City Manager will shake the container to mix names, and the City Clerk will then pull one name at a time, read it aloud, and Staff will write them down in the order drawn. The list will then be forwarded to the Mayor to begin the process. ■ Process for Candidate Statements: Based on the order drawn, each City Council candidate will be given a 3- minute time limit to address the City Council. The podium timer will be set for 3 minutes with a 30- second wrap up light. There will be no questions from the City Council of each candidate at this time. • Following the candidates' statements, each Councilmember will be given a sheet of paper that will allow them to select two candidates for further consideration by the City Council. Once the names have been written down on the paper by each Councilmember, the paper will be folded and handed to the City Clerk. The City Clerk will then read aloud the two candidates named by each Councilmember. Staff will record each of those names and each of those named will be included in the next round of interviews. • At this point, the City Clerk will write the name of each candidate for the second round of interviews on a separate piece of paper, put them in the container, the ACM will stir up the container and the City Clerk will pull each name separately and read their name aloud — thereby establishing the interview order. ■ Each candidate will then be asked questions by the City Council. ■ Once the interviews are concluded, the item will be brought back to the entire City Council for discussion and a possible motion for nomination. ■ The City Council will vote on motion for nomination. If a majority vote is received by one candidate, the newly elected Councilmember takes a seat at the Council dais. ■ City Clerk administers oath to newly - selected Councilmember and gets signature on Oath of Office. ■ Comments by new City Councilmember. Attachment to Minutes of December 16, 2008