HomeMy WebLinkAboutItem 3.1 Mayoral VacancyCI'TY COUNCIL MEET]lNG DATE:
CTTY CLERK FILE # 610-30
AGENDA STATEMENT
November 6, 200:L
SUBJECT:
Mayoral Vacancy
Report prepared by Richard C. Ambrose, City Manager
& Kay Keck, City Clerk
ATTACHMENTS:
1) Resolution calling for a Special Election to be held in the City of
Dublin on March '5, 2002; requesting the Alameda County Board of
Supervisors to consolidate the Special Municipal Election with the
Statewide Primary Election; and authorizing certain procedural
matters
2) Resolution adopting regulations for candidates for elective office
pertaining to Candidate's Statement and the costs thereof for a
Special Municipal Election to be consolidated with the Statewide
Primary Election to be held on Tuesday, March 5, 2002
3) Budget Change Form
RECOMMENDATION:
Discuss option, s and either:
1) Appoint individual to fill Mayor's unexpired term (November,
2002) and direct Staff to administer the Oath of Office to the
newly appointed Mayor; - OR -
2) Call a Special Election on March 5, 2002, adopt Resolutions and
approve Budget Change of $21,000 from Contingent Reserves to
the Elections Account
FINANCIAL STATEMENT:
No funding is included in the 2001-02 Fiscal Year Budget for
election costs. Ifa March 5, 2002 Special Election is called, a
Budget Transfer of $21,000 would be required. It is estimated that
publication costs for each Candidate Statement will be $425.
DESCRIPTION: On October 23ra the City receiVed written notification that effective
October 18, 2001, Guy S. Houston resigned his position as Mayor of Dublin.
As a result of the Mayor's resignation, the City Council has 30 days (until November 17th) to either appoint
someone to fill the Mayor' s unexpired term (through November 5, 2002) or call a special election to fill the
unexpired term of office.
KZ/G/11-6-0 l/as-may0~r~acandy. ~
COPIES TO:
ITEM NO. ~
Vice Mayor Lockhart will act as Mayor Pro Tempore until the position of Mayor is filled by appointment
or election.
Appointment
The Council may fill the vacancy by appointment.
Dublin, and a registered voter may be appointed.
Office of Mayor.
Anyone who is 1.8 years of age, a resident of the City of
The Council cannot make an interim appointment to the
The Council's Rules of Conduct provide for the conduct of business pursuant to Robert's Rules of Order.
Pursuant to such rules, the procedure for appointment is as follows: Councilmembers may nominate a
person; no second is needed. More than one person can be nominated. After all nominations have been
made, the persons nominated are voted on in the order nominated until one person receives a majority of
the votes.
If an appointment is made, the City Clerk will be prepared to immediately swear in the individual selected.
Election
The next established date for an election to fill the Office of Mayor, in accordance with the provisions of
the Government Code, is March 5, 2002. The City could call a special election for this date and request
consolidation with the Statewide Primary Election. The individual elected to the Office of Mayor would
serve only until the next regular municipal election in November, 2002.
The November 6th City Council meeting is the last possible regular meeting date at which the Council may
call for a special election on March 5, 2002. If the Council does not appoint someone as Mayor prior to
November 17 (either at the November 6 meeting or at a special meeting), Staffwill place an item on the
November 20 or December 4 agenda for the Council to call an election to fill the vacancy. That election
will be on April 9, 2002. To meet the deadlines for an April special election, all issues would need to be
determined and materials processed no later than the December 4th City Council meeting.
To call a special election, the Council must adopt the attached Resolutions (Attachments 1 and 2), and
approve a Budget Change (Attachment 3). A March 5, 2002 special election will cost the City
approximately $21,000. Staff estimates that Candidate Statement publication costs to candidates will be
approximately $425 per candidate:
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CALLING FOR A SPECIAL ELECTION TO BE HELD
IN THE CITY OF DUBLIN ON MARCH 5, 2002;
REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO
CONSOLIDATE THE CITY OF DUBLIN SPECIAL MUNICIPAL ELECTION
WITH THE STATEWIDE PRIMARY ELECTION; AND ,
AUTHORIZING CERTAIN PROCEDURAL MATTERS
WHEREAS, a SPecial Municipal Election to be consolidated with the Statewide Primary Election
is to be held on Tuesday, March 5, 2002, in and for the City of Dublin; and
WHEREAS, certain actions are required in connection with said election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that a Special
Municipal Election to be held in the City of Dublin on March 5, 2002, is hereby called.
BE IT FURTHER RESOLVED as follows:
The Alameda County Board of Supervisors is requested to consolidate the City of Dublin
Special Municipal Election with the Statewide Primary Election.
The Registrar of Voters of Alameda County is requested to perform services in connection
with said election at the request of the City Clerk.
The City of Dublin shall pay to the Board of Supervisors of Alameda County its pro-rata
share of the expenses for said election as jointly determined by the City of Dublin and the
Board of Supervisors of Alameda County in accordance with the provisions of the Elections
Code of the State of California.
The offices to be voted upon shall be:
One (1) Mayor
Term of office shall be:
To fill remainder of Mayor's term ending November, 2002
The City Clerk is hereby directed to cause the posting, publication and printing of all notices
or other election materials pursuant to the requirements of the Government Code and
Elections Code of the State of California.
6. The City Clerk is hereby directed to obtain printing, supplies and services as required.
ATTACHMENT 1
vote:
o
The City Clerk is hereby authorized to provide such other services and supplies in
connection with said election as may be required by the statutes of the State of California.
PASSED, APPROVED AND ADOPTED this m day of
2001, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor Pro Tempore
City Clerk
K2/G/11-6-010/reso-elecfion-a.doc .:- ': ·
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF
FOR A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH
THE STATEWIDE PRIMARY ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2002
WHEREAS, Section 10012 of the Elections Code of the State of California specifies that the local
agency for that election shall determine whether a charge shall be levied against the candidate for the
Candidate's Statement and whether or not the limitation on words for such statement shall be increased
from 200 to 400 words; and
WHEREAS, Section 10012 of the Elections Code of the State of California further provides that a
'written statement of the regulations with respect to charges for handling, packaging and mailing shall be
provided to each candidate or his/her representative at the time the nomination papers are received.
NOW, THEREFORE, BE iT RESOLVED that the City Council of the City of Dublin does hereby
adopt the following regulations pertaining to the Special Election to be held in the City of Dublin on
March 5, 2002:
Section 1. Pursuant to Section 10012 of the Elections Code of the State of California, each
candidate for elective office to be voted for at the Special Election to be held in the City of Dublin on
March 5, 2002, 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, expressed by the candidate himself
or herself. Such statement shall not include the party affiliation of the candidate nor membership or activity
in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time
the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during
the period for filing nomination papers and until 5:00 p.m., of the next working day after the close of the
nomination period.
Section 2. Spanish and Chinese Language. 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.
Section 3. Payment. 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 require each candidate
filing a statement to pay in advance his/her prorated share as a condition of having his/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.
Section 4. In accordance with Election Code provisions, a tie vote shall be determined by lot.
ATTACHMENT 2
Section 5.
copy of this Resolution at the time nomination petitions are issued.'
vote:
The City Clerk shall provide each candidate or the candidate's representative with a
PASSED, APPROVED AND ADOPTED this __ day of
AYES:
NOES:
ABSENT:
ABSTAIN:
2001, by the following
ATTEST:
Mayor Pro Tempore
City Clerk
K2/G/11-6-01/reso-election$.doc
CITy OF DUBLIN
BUDGET CHANGE FORM
cmu~ ~o~g #
New Appropriations (City Council Approval Required):
Budget Transfers:
X .From UnapPropriated Reserves From Budgeted Contingent Reserve (1080-799.000)
(If Other than General Fund, Fund No - Within STM Departmem Activity
From New Revenues Between Departments (City Council Approval Required)
Other
Name: Contract Services $19,000.00
General Ftmd- Elections
Account #: 001.10700.740.000
Account #:
Name: Name: Printing & Binding $2,000'
General Fund - Elections
Account #: 001.10700.716.000
Account #:
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
Name:' Name:
Account #: Account #:
City Manager: Date:
Signature
ASD/Fin Mgr ' ~/~~-o/k- ~ Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: To appropriate additional funds for a Special Election.
Mayor: Date:
Signature
Posted By: Date:
Ii.: ICC-FORMgtFORM-budgot change, doc
Signature
ATTACiqMENT 3