HomeMy WebLinkAboutItem 8.1 PotentialCouncilVacate CZTY CLERK
File #610-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 6, 2001
SUBJECT:
Potential Council Vacancy Created by Filling Mayoral Position
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 options and either:
1. a) Appoint individual to fill Councilmember's unexpired
term (November, 2004 or 2002); - OR -
b) Call a Special Election on March 5, 2002, adopt
Resolutions, and approve Budget Change of $21,000 from
Contingent Reserves to the Elections Account
- OR-
a) If the Council adopted the urgency Ordinance (Item 6.5)
call a Special Election on March 5, 2002, adopt Resolutions
and approve Budget Change of $21,000 from Contingent
Reserves to the Elections Account and appoint an individual
to fill the vacancy on an INTERIM basis (until a new
Councilmember is elected at the Special Election); - OR -
b) 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. If a Special Election is called on March 5, 2002, a
Budget Transfer of $21,000 would be required. It is estimated that
publication costs for each Candidate Statement will be $425.
K2/G/11-6-01/as-cc-vacancy. doc
COPIES TO:
ITEM NO.
DESCRIPTION: Mayor Houston resigned on October 18, 2001. Since that date, Vice
Mayor Lockhart has been Mayor Pro Tempore with all powers and duties of the Mayor and will continue
to so act until the Office of Mayor is filled by appointment or election.
If, as a result of consideration of a previous agenda item, the Council has appointed the Mayor Pro
Tempore or a Councilmember as the Mayor, a vacancy on the City Council will exist. If a Mayor has not
been appointed, there is no need for further consideration of this agenda item.
In filling a vacant City Council seat, the Council has more options than it does in filling the vacant Office
of Mayor.
Appointment for remainder of term or Special Election
Pursuant to the California Government Code, the Council shall, within 30 days from the commencement
of the Council vacancy, either (1) fill the vacancy by appointment or (2) call a special election to fill the
vacancy~ The special election must be held on the next regularly established election date not less than
114 days from the call of the special election. The individual filling the Council vacancy, whether by
appointment or special election, would serve for the unexpired remainder of the term of the Council seat
that was vacated.
Since the Alameda County Registrar of Voters has requested that all Council Resolutions pertaining to the
March 5, 2002 election be submitted to the Registrar's Office not later than November 7th, the November
6th City Council meeting is the last regular Council meeting at which time the Council could call a special
election if it wishes to place the Council opening on the March 5, 2002 ballot. The nomination period for
the March election is November t2 - December 7, 2001.
In the event the Council is unable to make a decision on this item on November 6th, it should be pointed
out that April 9, 2002 is also an established election date on which the City Council could call a special
election. To meet the deadlines for the April special election, all issues would need to be determined and
materials processed no later than the December 4th City Council meeting in order to be submitted t° the
Alameda County Board of Supervisors by the Registrar of Voters' suggested deadline of December 10th.
The nomination period for the April election is December 17, 2001 - January 11, 2002.
Special Election or Special Election/Interim Appointment (available only if Ordinance is adopted)
This option is available only if the Council enacted the Urgency Ordinance (Agenda Item No. 6.5)
The Ordinance provides that the City Council may (1) call a special election to fill the vacancy - OR - (2)
call a special election AND appoint someone to fill the vacancy on the City Council until the vacancy is
filled at the special election. The special election may be called at the next regularly established election
(March 5 or April 9, depending upon the date the election is called)- OR - next regularly scheduled
municipal election (November 5, 2002).
A March 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.
Staff recommends that the City Council discuss the options and provide direction on the alternatives
presented.
To summarize, the Council may;
1. a) Appoint an individual to fill the Councilmember's unexpired term
- OR -
b) Call a Special Election on March 5, 2002. (If this option is selected, the Council should
adopt the Resolutions and approve a Budget Change of $21,000 from Contingent Reserves to the
Elections Account.)
- OR -
If the Council has adopted the Urgency Ordinance, the Council may:
2. a) Call a Special Election on March 5, 2002. (If this option is selected, the Council should
adopt the Resolutions and approve a Budget Change of $2 !,000 from Contingent Reserves to the
Elections Account).
- OR -
b) Call a Special Election on March 5, 2002. (If this option is selected, the Council should
adopt the Resolutions and approve a Budget Change of $21,000 from Contingent Reserves to the
Elections Account) AND appoint someone to fill the vacancy until a new Councilmember is elected at the
March election.
RESOLUTION NO. - O1
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) Councilmember
Term of office shall be:
To fill remainder of Council term ending November, 2004
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.
The City Clerk is hereby directed to obtain printing, supplies and services as required.
ATTACHMENT 1
vote:
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 __
AYES:
NOES:
ABSENT:
ABSTAIN:
th day of
,2001, by the following
ATTEST:
Mayor
City Clerk
K2/G/11-6-010/reso-election-a.doc (Item ?? )
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 31 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 fie 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
Mayor
ATTEST:
City Clerk
K2/G/ll-6-01/reso-elecfion$.doc (Item' )
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
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 Same Department Activity
From New Revenues Between Departments (City Council Approval Required)
Other
Name: Name: Contract Services $19,000.00
General Fund - 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 '-{~~ ~ Date:
Signature
REASON FOR BUDGET CHANGE ENTRY: To appropriate additional funds for a Special Election.
Mayor: Date:
Signature
Posted By: Date:
.r-L.-ICO-FO. RM$1FOt~4f. budget change, doc
Signature
ATTACHMENT 3