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.
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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:
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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
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