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HomeMy WebLinkAboutItem 8.5 City Council Vacancy or 19 82 STAFF REPORT CITY CLERK ` CITY COUNCIL File # 610-30 DATE: December 2, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager " SUBJECT: City Council Vacancy Created by Election of Councilmember Haubert as Mayor at the 2014 General Municipal Election Prepared by John Bakker, City Attorney EXECUTIVE SUMMARY: The Registrar of Voters preliminary vote count shows that Councilmember Haubert was elected as the Mayor of Dublin on November 4, 2014. The official results from the Registrar of Voters will be certified by the City Council at the December 2, 2014 City Council meeting. Councilmember Haubert's term as Mayor would then become effective on December 2, 2014, when he is sworn in to office. Councilmember Haubert's current term on the City Council does not expire until December 2016. As a result, upon Councilmember Haubert's swearing in as Mayor, there will be a vacancy on the City Council. The City Council's options to fill the vacant City Council position are as follows- 1- Make an appointment by January 30, 2015; 2: Hold a Special Election on June 2, 2015 (will incur special election costs); or, 3: Adopt an Urgency Ordinance to allow the City Council to Call a Special Election and Appoint a Temporary Successor until a Permanent Successor is elected at the Special Election on June 2, 2015. FINANCIAL IMPACT: An appointment would have no financial impact, other than the costs associated with advertising the vacancy if the City Council chose to do so. No funding is included in the FY 2014-15 budget for a Special Election. The election could be a stand-alone election at an estimated cost of $274,680 - $343,350 (22,890 registered voters at $12 - $15 each), or could be consolidated with the County Election, at an estimated cost of $91,560 - $137,340 (22,890 registered voters at $4 - $6 each). RECOMMENDATION: Staff recommends that the City Council discuss the following options and provide direction to Staff. Option 1: Appoint a successor to fill the vacancy. Page 1 of 5 ITEM NO. 8.5 Option 2: Call a Special Election on June 2, 2015 to fill City Councilmember vacancy. Option 3: Adopt an Urgency Ordinance to allow the City Council to appoint a temporary successor until a permanent successor is elected at the Special Election to be called on June 2, 2015. Reviewed By Assistant City Manager DESCRIPTION: An election was held on November 4, 2014 for three positions on the Dublin City Council (Mayor and two City Councilmembers). It appears from the preliminary vote count that Councilmember Biddle and Councilmember Gupta were elected to serve 4-year terms on the City Council and that Councilmember Haubert was elected as the Mayor. The official results from the Registrar of Voters will be certified by the City Council at the December 2, 2014 City Council Meeting. Councilmember Haubert's term as Mayor would then become effective on December 2, 2014, when he is sworn in to office. Councilmember Haubert's current term on the City Council does not expire until December 2016. As a result, upon swearing in as Mayor, there will be a vacancy on the City Council. The City Council has three options to consider for filling the vacant City Council position- 1- Make an appointment by January 30, 2015; 2: Hold a Special Election on June 2, 2015, either as a standalone election or consolidated with the County Election; or, 3: Adopt an Urgency Ordinance to allow the City Council to Call a Special Election and Appoint a Temporary Successor until a Permanent Successor is elected at the Special Election on June 2, 2015. Option 1l The City Council may appoint a successor within 60 days of the vacancy, who would hold office for the unexpired term of the former incumbent (December 2016). Gov't. Code Section 36512(b) (Attachment 1). Three of the four members of the City Council would have to agree on a successor. The statutory 60-day period to make the appointment requires the successor to be appointed by January 30, 2015. The appointed Councilmember would hold office until December 2016, when Councilmember Haubert's term would have expired. City Resolution No. 25-08 (Attachment 2), establishing rules for the conduct of meetings, provides in Section 19 that when a vacancy occurs on the City Council, and the City Council appoints a replacement, it may do so only at a meeting at which all remaining Councilmembers are present. Thus, unless the City Council amends this resolution, it can appoint a successor within 60 days of December 2, 2014, only at a meeting at which the Mayor and three other Councilmembers are present. In making appointments, the City Council has traditionally followed Roberts Rules of Order. (Resolution No. 25-08, section 11.h.) (Attachment 2) Under Roberts Rules, more than one Page 2 of 5 person may be nominated until one person receives at least three votes. The City Council would therefore vote on the first person nominated and if that person fails to receive three votes, the City Council would vote on the second name and so forth until one person receives a majority vote. It is important to note that the City of Dublin has filled four unscheduled Councilmember vacancies and one Mayoral vacancy since incorporation. Three of the Councilmember vacancies were filled using an application/interview/appointment process, and one vacancy was filled by holding a Special Election. The Mayoral vacancy was filled by appointment. A history of each appointment process is attached for your reference (Attachment 3). If the City Council chooses to proceed with Option 1, Staff would suggest the following process- 1. Determine selection method for nominees. a. Application. 1) Establish questions for application (Attachment 4*). 2) Determine open application period. 3) Set date and time of interviews, e.g., Regular City Council meeting, Special City Council meeting. 4) Set date and time of nominations, e.g., Regular City Council meeting, Special City Council meeting. 2. Nomination process at Regular City Council meeting or Special City Council meeting**. (*Staff has developed a draft application for City Council consideration. **Nomination process by Roberts Rules of Order.) The City Council is required to consider who to appoint, and to make the appointment, in open session, pursuant to the Brown Act. There are no costs (other than Staff time) associated with this option. Although the City has traditionally used an application process, the City Council is not required to do so and could choose instead to make an appointment at any properly noticed public meeting at which the remaining members are present, including at tonight's meeting. Option 2: Hold a Special Election Within 60 days of the vacancy, the City Council may call a special election to fill the vacancy. Again, this requires a vote of three of the remaining four members of the City Council. The special election would then be held at the next regularly established election date not less than 114 days from the call of the special election. (Gov't. Code Section 36512(b)). The special election would therefore need to be called by January 30, 2015. The election would be held on June 2, 2015. (Elections Code sections 1000, 1400.) (Attachments 5 and 6) The specially elected Councilmember would hold office until December 2016, when Councilmember Haubert's term would have expired. The process for Option 2 is as follows- 1. Adopt Resolutions to call a Special Election and adopt Budget Change. 2. Establish election calendar for June 2, 2015 Special Election. Page 3 of 5 a. Per Election calendar, determine opening date for Nomination Period and proceed with established City and Election Code guidelines for nomination of candidates and election. If the City Council elects to proceed with Option 2, it should direct Staff to prepare the appropriate resolutions to be considered at a City Council meeting before January 30, 2015. There will be costs associated with this option. The election could be a stand-alone-election at an estimated cost of $274,680 - $343,350 (22,890 registered voters at $12 - $15 each), or an election consolidated with the County election, at an estimated cost of $91,560 - $137,340. No funding has been included in the Fiscal Year 2014-15 budget for a special election. If the City Council selects this option, adoption of a Resolution and approval of a Budget Change will be required. Option 3: Adopt an Urgency Ordinance to Allow the City Council to Call a Special Election and Appoint a Temporary Successor until a Permanent Successor is Elected at the Special Election The City Council may do the following within 60 days of the vacancy: (a) Adopt an urgency ordinance providing for this option (which would require a 4-0 vote of all four members of the City Council). (Gov't Code Section 36512(c)(3).) (Attachment 1), and (b) Call a Special Election; and (c) Appoint an individual, by the same nomination process outlined above in Option 1, to fill the vacancy until the Special Election. Therefore, by January 30, 2015, the remaining City Council would need to call the election, appoint the individual, and adopt the urgency ordinance, which would be effective immediately. The appointed Councilmember would only hold office until the special election (June 2, 2015), at which time a permanent Councilmember would be elected. The Councilmember would then hold office for the remainder of term (December 2016). In conclusion, with this scenario, a person would be appointed to serve until the results of a special election in June 2015 were declared and the person elected would serve until the results of the November 2016 election are declared. (If the City Council selects this option, adoption of a Resolution and a Budget Change will be required.) The urgency ordinance must apply to all vacancies, not just this vacancy, and would apply to vacancies in the office of Councilmember and Mayor for as long as it is in effect. Costs associated with this option are the same as Option 2. No funding has been included in the Fiscal Year 2014-15 budget for a special election. If the City Council selects this option, adoption of a Resolution and approval of a Budget Change will be required. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. Government Code Section 36512 2. Dublin City Council Resolution 12-13, Rules for the Conduct of Meetings of the City Council 3. Appointments to the Council (History) Page 4 of 5 4. Draft Application to Serve on City Council 5. Elections Code Section 1000 6. Government Code Section 1400 Page 5 of 5 http://leginfo.legislature.ca.gov/faces/printCodeS ectionWindow.xhtml GOVERNMENT CODE - GOV TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] (Title 4 added by Stats. 1949, Ch. 79. ) DIVISION 3. OFFICERS [36501 - 418051 (Division 3 added by Stats. 1949, Ch. 79.) PART 1. GENERAL [36501 -36525] (Part I added by Stats. 1949, Ch. 79.) (a) If a vacancy occurs in an appointive office provided for in this chapter,the council shall fill 36512. the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter,the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. (c)Notwithstanding subdivision(b) and Section 34902, a city may enact an ordinance that does any of the following: (1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision(b)without waiting for the filing of a petition. (3) 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. 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. (d) (1)Notwithstanding subdivision(b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy,to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph(2),the vacancy shall be filled at the next regularly established election date. (Amended by Stats. 2010, Ch. 38, Sec. 10. Effective January 1, 2011.) 1 of 1 11/7/2014 2:06 PM RESOLUTION NO. 12 - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN w w w w w w * w w AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO. 19-11) WHEREAS, from time to time, the City Council amends and restates the Rules for the Conduct of Meetings of the City Council, and the Rules were last restated by Resolution No. 19-11; and WHEREAS, the City Council wishes to amend and restate the Rules in order to add a definition of the term "political activities" to the provision prohibiting Councilmembers from engaging in political activities during meetings of the City Council. NOW, THEREFORE, BE IT RESOLVED that the Rules for the Conduct of Meetings of the City Council are amended to read as follows in their entirety: 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. - f. 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 onetime 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 2of7 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 betaken up out of order: Page 3 of 7 • Call to Order (Closed Session) • Call to Order & Pledge of Allegiance to the Flag • Report on Closed Session Action • 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. Interruptions A member once recognized, shall 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. Privilege 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 calf 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. 17. PROHIBITION ON POLITICAL ACTIVITIES Members of the City Council shall not engage in political activities related to local, state, or federal elections during Council meetings. For the purposes of this section, the term "political activity" shall mean an activity directed toward the success or failure of a political party, a candidate for elected office, a ballot measure, or a political group. Nothing in this Page 6 of 7 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 these Rules shall be available at all meetings of the City Council for review by the public. PASSED, APPROVED AND ADOPTED this 19th day of February, 2013, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None V Mayor ATTES City Clerk Reso No. 12-13,Adopted 2-19-13, Item 4.4 Page 7 of 7 APPOINTMENT(S) TO THE CITY COUNCIL —(History) 10/11/83 —Dave Burton resigned. 11/1/83 —By application process, the City Council appointed Fred Drena to a term ending April 1984. Mr. Drena was sworn in to office on 11/14/83. 11/1994 —Guy Houston elected Mayor, creating a vacancy on the City Council. 12/12/94 —By application process, the City Council appointed Lisbeth Howard to fill the vacancy on the Council for a term ending November 1996. 10/2001 —Guy Houston resigns as Mayor. 11/6/2001 —Councilmember Lockhart was nominated by the City Council and unanimously appointed as Mayor, creating a vacancy on the City Council. 12/6/2001 —Council action by motion, second and unanimous vote to call a Special Election for Tuesday, March 5, 2002 to fill the Council vacancy created by the selection of Mayor Lockhart. No interim appointment made. Councilmember Sbranti elected for a term ending November 2004. 12/2/08 —Councilmember Tim Sbranti was elected Mayor, creating a vacancy on the City Council. The City Council determines to fill the vacancy by application process. 12/16/08 —Don Biddle appointed City Councilmember for term ending November 2010. 01/2/2013 —Councilmember Eric Swalwell resigns from the City Council, creating a vacancy on the City Council. 02/05/13 - The City Council determines to fill the vacancy by application process. 02/19/13 —Abe Gupta appointed City Councilmember for term ending November 2014. APPLICATION TO SERVE ON DUBLIN CITY COUNCIL For the unexpired term ending December 2016 Of DU��r Return to. City Clerk City of Dublin 100 Civic Plaza 19 82 Dublin,,CA 94568 APPLICANT MUST BE A REGISTERED VOTER IN THE CITY OF DUBLIN Name Date Address Phone (Home) (Work) (Cell) E-mail Employer Occupation Background, education, experience: Why do you want to be on the City Council? Prior public service or civic activity: Please return original, completed, and signed application to: Caroline Soto, City Clerk City of Dublin 100 Civic Plaza, Dublin, CA 94568 no later than 3:00 p.m., Wednesday, December 10,2014. Postmarks will NOT be accepted. Page 1 of 3 1. What do you believe are the top three policy issues facing the City and how do you believe you can contribute to solving them? 2. Being an effective member of the City Council requires a good deal of pre-meeting preparation including the willingness to read up to several hundred pages of staff reports before each meeting. How will you handle''this responsibility? 3. In your view, what do you believe your relationship as a City Councilmember should be with the public, other City Councilmembers, the City Manager and City employees? Please return original, completed, and signed application to: Caroline Soto, City Clerk City of Dublin 100 Civic Plaza, Dublin, CA 94568 no later than 3:00 p.m., Wednesday, December 10,2014. Postmarks will NOT be accepted. Page 2 of 3 4. 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? 5. What do you feel is the most important contribution you can make as a member of the City Council? Other information or comments- SIGNATURE Date: Please return original, completed, and signed application to: Caroline Soto, City Clerk City of Dublin 100 Civic Plaza, Dublin, CA 94568 no later than 3:00 p.m., Wednesday, December 10,2014. Postmarks will NOT be accepted. Page 3 of 3 http://Ieginfo.legislature.ca.gov/faces/printCo de S ectionWindow.xhtml ELECTIONS CODE -ELEC DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] (Division I enacted by Stats. 1994, Ch. 920, Sec. 2.) CHAPTER 1.Election Dates [1000-1003] (Chapter I enacted by Stats. 1994, Ch. 920, Sec. 2.) The established election dates in each year are as follows: 1000. (a) The second Tuesday of April in each even-numbered year. (b) The first Tuesday after the first Monday in March of each odd-numbered year. (c) The first Tuesday after the first Monday in June in each year. (d) The first Tuesday after the first Monday in November of each year. (Amended by Stats. 2011, Ch. 138, Sec. 2. Effective January 1, 2012.) 1 of 1 11/7/2014 2:04 PM http://leginfo.legislature.ca.gov/faces/printCode SectionWindow.xhttnl ELECTIONS CODE -ELECT DIVISION 1. ESTABLISHED ELECTION DATES [1000 - 1500] (Division I enacted by Stats. 1994, Ch. 920, Sec. 2.) CHAPTER 5. special Elections [1400-1415] (Chapter S enacted by Stats. 1994, Ch. 920, Sec. 2.) Each special election shall be held on one of the established election dates set by this division or 1400. on the date of any statewide special election except as provided in Section 1003. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) i 1 of 1 11/7/2014 2:05 PM