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HomeMy WebLinkAbout6.5 CouncilVacanciesOrdCITY CLERK File # DERaM261 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 6, 2001 SUBJECT: ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEMENT DESCRII'TION: PUBLIC HEARING: Urgency Ordinance Providing Procedure for Filling Council Vacancies Report prepared by Elizabeth H. Silver, City Attorney 1. An urgency ordinance of the City of Dublin adding Sectional 2.08.035 to the Municipal Code relating to vacancies on the City Council 2. An urgency ordinance of the City of Dublin relating to vacancies on the City Council 1. Open public hearing. 2. Receive staff presentation 3. Receive public comments 4. Close public hearing and deliberate 5. Waive the reading and adopt the draft ordinance (either Attachment 1 or 2) or take no action. None. Upon a Councilmember vacancy on the City Council, California Government Code section 36512 (b) provides the "default" for filling Councilmember vacancies. Under section 36512 (b) the Council has two options. One option is that the Council can appoint a person to serve out the remainder of the vacating Councilmember's term. The second option is that the Council can 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. If a special election is called, there will be less than the full complement of Councilmembers during the period between the vacancy and the special election to fill the vacated seat. Government Code section 36512(c)(3) authorizes a City Council to adopt an ordinance which would provide the Council with two options for filling a Councilmember vacancy. The two options are somewhat different from the "default" options under subdivision (b) of section 36512. One option is to call a special election to fill the vacancy but this election may be either on the next regularly established election date to be held not less than 114 days from the date the election is called or the next regularly scheduled municipal election, which is in November 2002. The second option is to call such an election, as in Option One and appoint someone to fill the vacancy until the voters elect someone at the special election. This option thus allows for an "interim" appointment to the Council. Ar COPIES TO: ITEM NO. +� G:\CC-MTGS\2001QTR4\NOVEMBER\11-6-01\AS-VACANCY-ORD.DOC T s The next regularly established election date is March 5, 2002, and the next regularly established election date after that is April 9, 2002. (Elections Code, § 1000.) The City does not currently have an ordinance that authorizes interim appointments to fill vacancies during the period between a vacancy and a special election to fill the vacancy, as is authorized by Section 36512(c) (3). Staffhas placed this item on the agenda to provide the Council with the ability to adopt an ordinance to take advantage of the options available under subdivision (c)(3) of Section 36512. There are two versions of the draft ordinance. Attachment 1 would amend the Municipal Code and Attachment 2 woUld be applicable only to Councilmember vacancies occurring before the general municipal election in November 5, 2002, and would not be codified in the Municipal Code. Both draft ordinances are drafted as urgency ordinances given the possibility of a vacancy on the City Council resulting indirectly from the resignation of former Mayor Guy Houston. A vote of four Councilmembers is required for adoption of either draft ordinance. Recommendation: Waive the reading and adopt the draft ordinance (either Attachment 1 or 2) or take no further action. J:WPDhMNRSWXl 14\001\2001 \agenda\council.vacancy.agenda.doc ORDINANCE NO. - 01 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 Upon a Councilmember vacancy on the City Council, California Government Code section 36512, generally requires that the Council appoint a person to serve out the remainder of the vacating Councilmember'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, there will be less than the full complement of Councilmembers during the period between the vacancy and the special election to fill the vacated seat. However, section 36512(c)(3) authorizes a City Council to adopt an ordinance that allows the Council to appoint on an interim basis a person to serve in the vacated council seat until a special election is held to fill the vacancy. The City Council anticipates that a seat on the City Council will become vacant within the next 30 days. The next regularly established election date is March 5, 2002, and the next regularly established election dateatter that is April 9, 2002. (Elections Code, § 1000.) The City does not currently have an ordinance that authorizes interim appointments to fill vacancies during the period between the vacancy and a special election to fill the vacancy, and the City Council wishes to ensure, first, that the City's electorate ultimately fills the 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. 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: The following section 2.08.035 is added to the Municipal Code of the City of Dublin: 2.08.035 Council vacancies, interim appointments and special elections. If a vacancy occurs on the City Council, the remaining members of the council shall, by a majority of the council, do one of the following within thirty days from the date of the occurrence of the vacancy: (a) Leave the position vacant and call for a special election to fill the vacancy. An election under this subsection shall be held on the next regularly scheduled election date not less than 114 days from the call of the election. ATTACHMENT 1 (b) Appoint an individual to serve as an interim Councilmember. The term of an interim appointee shall be from the date of the appointment until a new Councilmember is elected at a special election. If an appointment is made under this subsection, the Council shall, at the same time it makes the interim appointment, call for a special election to fill the vacancy. An election held pursuant to this subsection shall be held on the next regularly established election date to be held throughout the city not less than 114 days from the call of the special election. SECTION 2: POSTING, BASIS FOR URGENCY AND EFFECTIVE DATE The City Clerk 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. This ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health, or safety within the meaning of California Government Code section 36937 and Elections Code section 9235 and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that the people of the City of Dublin elect a, replacement to fill a soon-to-be-vacated City Council seat as soon as possible, and to ensure the option that there continue to be five seated members of the City Council during the period between the vacancy and the election of a Councilmember to the vacated seat, it is necessary that this ordinance take effect immediately. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this __ day of__, 2001, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk K2/G/11-6-01/ord-vacanCyl.doc (Item 6.5) J:\wpdkMnrsw\114\001\2001\Ord\eouncil vacancy_102501A~ doc ORDINANCE NO. - 01 AN URGENCY ORDINANCE OF THE CITY OF DUBLIN RELATING TO VACANCIES ON THE CITY COUNCIL RECITALS Upon a Councilmember vacancy on the City Council, California Government Code section 36512, generally requires that the Council appoint a person to serve out the remainder of the vacating Councilmember'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, there will be less than the full complement of Councilmembers during the period between the vacancy and the special election to fill the vacated seat. However, section 36512(c)(3) authorizes a City Council to adopt an ordinance that allows the council to appoint on an interim basis a person to serve in the vacated council seat until a special election is held to fill the vacancy. The City Council anticipates that a seat on the City Council will become vacant within the next 30 days. The next regularly established election date is March 5, 2002, and the next regularly established election date after that is April 9, 2002. (Elections Code, § 1000.) The City does not currently have an ordinance that authorizes interim appointments to fill vacancies during the period between the vacancy and a special election to fill the vacancy, and the City Council wishes to ensure, first, that the City's electorate ultimately fills the 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. 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: CITY COUNCIL VACANCY If a vacancy occurs on the City Council, the remaining members of the council shall, by a majority of the council, do one of the following within thirty days fi.om the date of the occurrence of the vacancy: (a) Leave the position vacant and call for a special election to fill the vacancy. An election under this subsection shall be held on the next regularly scheduled election date not less than 114 days from the call of the election. ATTACHMENT 2 (b) Appoint an individual to serve as an interim Councilmember. The term of an interim appointee shall be from the date of the appointment until a new Councilmember is. elected at a special election. If an appointment is made under this subsection, the Council shall, at the same time it makes the interim appointment, call for a special election to fill the vacancy. An election held pursuant to this subsection shall be held on the next regularly established election date to be held throughout the city not less than 114 days from the call of the special election. SECTION 2: POSTING, BASIS FOR URGENCY AND EFFECTIVE DATE The City Clerk 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. This ordinance is an urgency ordinance necessary for the immediate preservation of the public peace, health, or safety within the meaning of California GoVernment Code section 36937 and Elections Code section 9235 and Shall go into immediate effect. The facts constituting the necessity are: In order to ensure that the people of the City of Dublin elect a replacement to fill a soon-to-be-vacated City Council seat as soon as possible, and to ensure the option that there continue to be five seated members of the City Council during the period between the vacancy and the election of a Councilmember to the vacated seat, it is necessary that this ordinance take effect immediately. SECTION 3: APPLIATION TO VACANCIES RIOR TO NOVEMBER 5, 2002 EI.F. CTION This ordinance applies only to a Councilmember vacancy which occurs prior to the November 5, 2002 election. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this __ day of__, 2001, b'y the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk K2/G/1 !-6-01/ord-vacancy2.doc (Item 6.5) ~':\wpdLMnrsw\114\001\2001\Ord\eouneil vacaney_102501B.doc