Loading...
HomeMy WebLinkAboutAgenda Packet - March 23, 2007 - CCAGENDA ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AZUSAAUDITORIUM MONDAY, MARCH 26, 2007 213 EAST FOOTHILL BOULEVARD 7:30 P.M. or immediately following the Adjourned Redevelopment Meeting • Call to Order • Roll Call PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of the Mayor. A. CITY SCHEDULED ITEM 1. DISCUSSION AND POTENTIAL ACTION REGARDING APPOINTMENT OR SPECIAL ELECTION TO FILL THE CITY COUNCIL VACANCY. Discuss options available for filling the City Council vacancy created by the election of Joseph Rocha as Mayor, and, if appropriate, select one of the options described in the report under the "Discussion" section. B. ADIOURNMENT Adjourn. in compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting„ please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting " AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY VIA: F.M. DELACH, CITY MANAGER/#Qv_-�' DATE: MARCH 19, 2007 SUBJECT: DISCUSSION AND POTENTIAL ACTION REGARDING APPOINTMENT OR SPECIAL ELECTION TO FILL THE CITY COUNCIL VACANCY RECOMMENDATION: It is recommended that the City Council discuss the options available for filling the City Council vacancy created by the election of Joseph Rocha as Mayor, and, if appropriate, select one of the options described in this report under the "Discussion" section. BACKGROUND Councilmember Joseph Rocha was elected to the Office of Mayor on March 6, 2007 and upon being sworn in as Mayor will resign as a Councilmember effective March 19, 2007. This will create a vacancy on the City Council. Councilmember Rocha was reelected to a four-year term on the City Council in 2005; therefore, his term ends in March 2009. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. DISCUSSION: Government code Section 36512 provides the process for filling a vacancy on the City Council of a General Law City. A General Law City like Azusa has the following options: 1. Fill a vacancy by appointment for the remainder of the term within 30 days of the vacancy date. 2. Hold a special election to fill the vacancy for the remainder of the term. 3. Adopt an ordinance allowing for a temporary appointment until a special election is held, or requiring a special election. Because the City has not adopted an ordinance, only the first two options as described below are available at this time. The City Council has two options to fill the vacancy on the City Council: ��5� s 1. Make An Appointment — the City Council has 30 days from March 19, 2007 (or until April 18, 2007) to fill the vacancy on the Council by appointment. The appointment can be made at any date within 30 days of the resignation of Mr. Rocha at a noticed public meeting. For the appointment process, the City Council can nominate candidates for appointment, solicit applications or letters of interest, conduct interviews, or use any other selection process agreed upon by a majority of the City Council. If the Council would like to appoint a replacement, the process will have to begin immediately, especially if the Council decides to accept applications and/or interview candidates. If necessary, special meetings can be held to accommodate whatever process the Council selects. Failure to appoint someone within 30 days of the vacancy will require the City to hold a special election on November 6, 2007 to elect a replacement to serve the remainder of the term. 2. Call A Special Election — if the City Council chooses to call a special election, 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. The City's elections consultant has informed the City Clerk that the next election date is November 6, 2007. In order to call a special election, the City Council is required to adopt a resolution stating the intent to hold a special election and specifying the date and time of such election. 3. Hold a Special'Election via mail ballot. FISCAL IMPACT The City Clerk estimates that the cost for County services connected with conducting the special election could range anywhere from $30,000 to $60,000 depending on how many other cities have an election. The costs of a mail ballot election have not been estimated -2-