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Home My WebLink About2006-11-14 - AGENDA REPORTS - COUNCIL VACANCY (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: Agenda Item: _ /2_ CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: November 14, 2006 1.0,- MR, Ken Pulskamp OPTIONS TO FILL CITY COUNCIL VACANCY City Manager's Office RECOMMENDED ACTION City Council receive report, discuss options and provide direction to staff. BACKGROUND During the Tuesday, November 7, 2006, City Council Study Session, the City Council asked staff to prepare an agenda report for the November 14, 2006 City Council Meeting to discuss options for filling the upcoming City Council vacancy resulting from Council Member Smyth's election to the State Assembly and subsequent resignation from the City Council. The manner in which the vacancy is filled is set forth in the Government Code. According to Section 36512(b) of the Government Code, upon time of official resignation, the City Council has 30 days to determine which of the following two options to utilize in filling the vacancy: 1. City Council Appointment Process: The City Council may choose to appoint a new member to the City Council via a to -be - determined process. 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 the appointment. 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. The special election would take place on June 5, 2007. Ckien rhe. e�vphcxh6t4 per) 'oco) S44f9 d�� -�o-�zev��e� d" nimtmea roc-eSS `�-o Oowe_ back -tor d,%scu-WO', a4- +6*- ��,b�� a�aao6 v��e-�n5 With this option the City would conduct the special election. It is estimated that the cost to conduct the special election would be approximately $175,000. 3. Not filling the vacancy is not an option: The Government Code requires the City Council to make an appointment or call for a special election within 30 days of the commencement of the vacancy. The seat may not be left open until the next regular municipal election. To make a decision, the City Council may call a special meeting with 24 hours notice or utilize a regularly scheduled meeting falling within the 30 day period to fill the vacancy or call for the special election. Attached to this Agenda Report is a timeline that provides some specific dates for the Council to consider related to the 30 day period when the Council is required to make a decision. ALTERNATIVE ACTIONS No alternative actions are available. FISCAL IMPACT If the City Council decides to call for a special election to fill the Council vacancy, it is estimated it will cost approximately $175,000 to conduct. ATTACHMENTS City Council Vacancy Timeline CITY COUNCIL VACANCY TIMELINE Section 36512(b) of the Government Code requires that "within 30 days from the commencement of the vacancy, the City Council shall either fill the vacancy by appointment or call a special election to fill the vacancy. " The City council is required to make an appointment or call for a special election within 30 days of the commencement of the vacancy. The seat may not be left open. Tuesday, November 7, 2006 California General Election Wednesday, November 8, 2006 Time period during which Councilmember through 12:00 noon on Monday, Smyth may submit resignation from City Council. December 4, 2006. Upon time of resignation becoming effective, City Council has 30 days to either fill the vacancy by appointment or call for a special election. The City Council must choose an option as the seat may not remain vacant until the next municipal election. Council may call a special meeting with 24 hours notice or utilize a regularly scheduled meeting falling within the 30 day action period to fill vacancy by appointment or call for a special election. State law does not prescribe any specific process for filling a vacancy by appointment. State law, under Government Code 36512 does prescribe requirements for conduct of a special election to fill a City Council vacancy. Friday, November 10, 2006 Veterans Day observed. City Hall closed. Tuesday, November 14, 2006 Regular Meeting of the City Council. Tuesday, November 28, 2006 Regular Meeting of the City Council. Monday, December 4, 2006 Last day, prior to 12:00 noon, for Council Member Smyth to submit resignation from City Council. Monday, December 4, 2006 Terms commence at 12:00 noon for Members of the California Legislature elected on November 7, 2006. Tuesday, December 12, 2006 Regular Meeting of the City Council Wednesday, January 3, 2007 Last day for City Council to fill vacancy by appointment or call for June 5, 2007 special election, only if vacancy occurred on December 4, 2006. City Council has 30 days from commencement of vacancy to fill vacancy by appointment or call for special election. Monday, December 17, 2007 Candidate filing period opens for regular municipal Election to be held on Tuesday, April 8, 2008. Friday, January 11, 2008 Candidate filing period closes for regular municipal election to be held on Tuesday, April 8, 2008. Filing period extended for five days if an incumbent office holder fails to file election papers. Wednesday, January 16, 2008 Extended candidate filing period closes for regular municipal election to be held on Tuesday, April 8, 2008. Tuesday, April 8, 2008 Regular Santa Clarita municipal election.