HomeMy WebLinkAbout2016-12-13 - AGENDA REPORTS - OPTIONS COUNCIL VACANCY (2)Agenda Item: 20
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL: fill
DATE:
December 13, 2016
SUBJECT:
OPTIONS TO FILL CITY COUNCIL VACANCY
DEPARTMENT:
City Manager's Office
PRESENTER:
Michael Murphy
RECOMMENDED ACTION
City Council receive report, discuss options and provide direction to staff.
BACKGROUND
On December 2, 2016, the Los Angeles County Registrar-Recorder/County Clerk certified the
results of the November 8, 2016, General Election. Mayor Pro-Tem Dante Acosta was elected to
serve as a Member of the California Assembly and assumed office on December 5, 2016, thereby
creating a vacancy on the City Council. Mayor Pro-Tem Acosta resigned as a Member of the
City Council effective on December 4, 2016.
The manner in which the vacancy shall be filled is set forth in the California Government Code
(GC). The City Council has 60 days from the effective date of the resignation to determine
which option shall be employed to fill the vacancy. Depending upon which alternative is
selected, certain specific actions must also be completed within the same 60 day period. As the
resignation was effective on December 4, 2016, the City Council has until Thursday, February 2,
2017, to determine the specific option that shall be used to fill the vacancy. The term of office
for the vacant seat is currently set to expire on December 11, 2018.
Under state law, the City Council may select one of the following methodologies for filling a
vacancy on the City Council:
1. City Council Appointment Process:
The City Council may choose to appoint a new member to the City Council, as outlined
under Government Code Section 36512(b).
State law does not prescribe any specific process for filling a vacancy by appointment. The
Council may determine the process for soliciting interested residents and ultimately making
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the appointment. The appointment must be made not later than 60 days after the vacancy
occurred; in this situation by February 2, 2017.
2. Call for and Conduct a Special Election:
The City Council may choose to call for and conduct a special election to fill the vacancy on
the next regularly established election date, not less than 114 days from the call of the special
election. The special election would take place on June 6, 2017, as prescribed under
Government Code 36512(b). The call for a special election to fill the current vacancy must
occur not later than February 2, 2017.
Los Angeles County is not conducting an election on June 6, 2017. Therefore, there is no
opportunity to consolidate. The special election would be a stand-alone election administered
by the City of Santa Clarita. The 2014 Santa Clarita municipal election cost $333,244. Based
upon estimated increases in eligible voter population, vote -by -mail signature verification and
overall estimated professional services cost increases, at this time a City of Santa Clarita
administered special election is estimated to cost approximately $354,000.
Government Code 36512 also permits certain modifications to the above two options if the
Council adopts an ordinance that would apply to this and future vacancies. More specifically,
via ordinance the Council may: 1) require that this and future vacancies be filled by special
election; 2) require that the Council call a special election to fill a vacancy if a specified number
of verified signatures are received; 3) require that this and future vacancies be filled by special
election and that the Council appoint someone to fill the vacancy until the special election can be
held.
The Government Code requires the City Council to make an appointment or call for a special
election within 60 days of the commencement of the vacancy. The seat may not be left open
until the next regular municipal election, which is scheduled to occur on November 6, 2018.
The person appointed to fill the vacancy, or elected at a special election to fill the vacancy, will
only serve the balance of the term, which is currently scheduled to end on December 11, 2018.
To make a decision, the City Council may call special meetings with 24 hours' notice or utilize
regularly scheduled meetings falling within the 60 day period to fill the vacancy or call for the
special election. Regular meetings of the City Council are currently scheduled to occur on
January 10, 2017, and January 24, 2017.
ALTERNATIVE ACTION
No alternative actions are available.
FISCAL IMPACT
If the City Council chooses to fill the vacancy by appointment, the cost of the recommended
action does not require any additional resources beyond those contained within the City's
adopted Fiscal Year 2016/17 budget. If the City Council decides to call for a special election to
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fill the Council vacancy, additional resources will be required. It is estimated the election will
cost approximately $354,000 to conduct, which is not currently contained within the City's
adopted Fiscal Year 2016/17 budget.
ATTACHMENTS
Government Code Section 36512
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20.a
I STATE OF CALEORNL.A
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 36512
36512. (a) If a vacancy occurs in an appointive office provided for in this chapter,
the council shall fill 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.
(1) If the council calls 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. A person elected to fill a vacancy holds office for the unexpired term
of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the
vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days
prior to the next general municipal election, the person appointed to fill the vacancy
shall hold office until the next general municipal election that is scheduled 130 or
more days after the date the council is notified of the vacancy, and thereafter until
the person who is elected at that election to fill the vacancy has been qualified. The
person elected to fill the vacancy shall hold office for the unexpired balance of the
term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days
prior to the next general municipal election, or if the vacancy occurs in the second
half of a term of office, the person appointed to fill the vacancy shall hold 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.
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20.a
(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.
(e) (1) If the city council of a city that elects city council members by or from
districts elects to fill a vacancy on the city council by appointment as a result of a city
council member resigning from office, the resigning city council member may cast
a vote on the appointment if the resignation will go into effect upon the appointment
of a successor. A city council member shall not cast a vote for a family member or
any other person with whom the city council member has a relationship that may
create a potential conflict of interest.
(2) If a city council member elects to cast a vote under this subdivision, the city
council member shall be prohibited from the following actions for a period of two
years after the appointment of a successor:
(A) Advocating on any measure or issue coming before the city council in which
the city council, member may have a personal benefit.
(B) Entering into a contract of any kind with the city or a city vendor.
(C) Accepting a position of employment with the city or a city vendor.
(D) Applying for a permit that is subject to the approval of the city council.
(3) This subdivision shall not apply to any city council member who is resigning
from the city council due to charges of, or conviction for, corruption or criminal
behavior, or who is subject to a recall election.
(Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.)
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