HomeMy WebLinkAboutAGENDA REPORT 2012 0201 CC REG ITEM 09BTO:
FROM
DATE:
ITEM 9.13.
City Council i:eeting
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, Deputy City Manager 1--D�
January 26, 2012 (CC Meeting of 2/1/12)
G
SUBJECT: Consider First Reading of Ordinance No. 410, Amending Section
2.04.050, Filling of Vacancies, of Chapter 2.04, City Council, of
Moorpark Municipal Code
BACKGROUND
At the City Council's January 18, 2012 regular meeting, the Council voted to reconsider
Agenda Item 9.A. for the January 4, 2012 regular meeting (an ordinance of the City of
Moorpark, California, amending Section 2.04.050, Filling of Vacancies, of Chapter 2.04,
City Council, of the Moorpark Municipal Code) and reconsider the prior vote. A related
agenda item on January 18 was Item 11.A., second reading of Ordinance No. 410
(Ordinance Amending Section 2.04.050, Filling of Vacancies, of Chapter 2.04, City Council,
of Moorpark Municipal Code). The City Council determined to not introduce Ordinance No.
410 for second reading as drafted, and discussed the intent to consider an ordinance that
would require an election for all vacancies. Staff explained that there were two options
pursuant to State law that could be considered for this purpose; however, only one of the
two options applied to both the councilmember and office of mayor positions. The Council
directed staff to provide further discussion of the two options and to draft two ordinances
for City Council consideration at the next regular meeting.
DISCUSSION
The options for filling a vacancy for city council are specified in Government Code Section
36512, and for the office of mayor are specified in both Government Code Sections 36512
and 34902 (reference Attachment 1). The City Council had previously considered and then
rejected the option of deleting Chapter 2.04.050 to have Government Code Section
36512(b) and Government Code Section 34902(a) be controlling for the filling of a vacancy
for city council and the office of mayor (to permit either an appointment or the calling of a
special election to fill the vacancy); and subsequently considered and then rejected the
option specified in Section 36512(c)(2), which requires a special election be held when
petitions bearing a specified number of verified signatures are filed.
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February 1, 2012, Regular Meeting
Page 2
Pursuant to Government Code Section 36512(c), other options that may be considered
and which require that a special election be called are Sections 36512(c)(1) and
36512(c)(3).
Section 36512(c)(1) of the Government Code, if adopted as the selected option in the
City's Municipal Code, would require that a special election be called immediately to fill
every city council vacancy and the office of mayor designated pursuant to Section 34902.
This option does not permit any temporary appointment.
Section 36512(c)(3) of the Government Code, if adopted as the selected option in the
City's Municipal Code, would provide 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. This option is not applicable to the office of mayor,
and the applicable State Government Codes regulating the filling of a vacancy for the
elected office of mayor would be Government Code Section 34902(a) and Section
36512(b), which permit appointment or calling a special election to fill an unexpired term.
For the City of Moorpark, the Mayor's term is two years versus four years for a city
councilmember position.
One of the other provisions in Section 36512(c)(3) is that a special election called to fill a
vacancy on the city council 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. This language permits more flexibility
for the scheduling of the date of the special election for a city councilmember position
vacancy. Since Section 36512(c)(3) does not apply to the office of mayor, there is no
flexibility for the special election date to fill an unexpired term for mayor, and the special
election called to fill a mayor vacancy must be held on the next regularly established
election date not less than 114 days from the call of the special election. The applicable
Election Code sections listing the established election dates are included in Attachment 1
(reference Section 1000 for precinct election dates and Section 4004 for the requirements
for a small city special mailed ballot election to fill a vacancy in the legislative body).
One implication if option 36512(c)(3) were selected for council vacancies, is that after a
temporary appointment is made, an election must be called —but the election could be as
far away as two years (if a vacancy occurred immediately after an election and the special
election date chosen was the date of the "next regularly scheduled municipal election" were
chosen). The same result could occur with a vacancy in the mayoral seat, if under
34902(a) an appointment was made —that appointment could last almost two years under
the same facts as above, after which a regular election would be held for the mayoral seat,
as there is a two -year term for the office of mayor.
Staff has prepared two separate draft ordinances to permit the City Council to select the
preferred option to be incorporated into the City's Municipal Code (attachments 2 and 3).
The City Attorney has reviewed the draft ordinances.
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February 1, 2012, Regular Meeting
Page 3
FISCAL IMPACT
The potential fiscal impacts pertain to the cost of having an election to fill a City Council
vacancy; however, Section 2.04.050 of the Municipal Code currently already requires an
election for a city councilmember vacancy. If the City Council determines to fill a vacancy
by calling a special election, and the Ventura County Elections Division provides the
contract election services, the cost of a combined, consolidated election in November
typically costs approximately $10,000 - $15,000; a stand -alone election with precincts would
currently cost approximately $90,000; and a stand - alone, all vote -by -mail election would
currently cost approximately $95,000. These election costs are based upon an estimated
35% voter turn -out.
STAFF RECOMMENDATION
1. Discuss ordinance options; and
2. Introduce Ordinance No. for first reading, waive full reading, and schedule
second reading and adoption for February 15, 2012.
Attachments:
1. Government Code Sections 36512 and 34902 (filling a vacancy in an elected office)
and Elections Codes 1000 -1003, 1400, 1500, 4000, 4004 (established election
dates)
2. Draft Ordinance — Option pursuant to Government Code Section 36512(c)(1)
3. Draft Ordinance — Option pursuant to Government Code Section 36512(c)(3)
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Honorable City Council
February 1, 2012, Regular Meeting
Page 4
ATTACHMENT 1
Government Code
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. 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 appointed or elected
to fill a vacancy holds 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 immediatelyto fill
every'city council vacancy and.the office of mayor designated
pursuant to Section 34902. The ordinance shall-piovide 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.
(3) Provides that a person appointed to fill a;vacancy on the city
councifholds office only'until the date of a special election which
shall;.immediatelybe called to fill the remainder.of the temi. The
special election may, be held on the date 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.
34902. (a) If a majority of the votes cast on the proposition is
for it, the office of mayor shall thereafter be an elective office,
except as provided in subdivision (b). At the next succeeding general
municipal election held in the city, one of the offices of city
councilperson, to be filled at the election, shall be designated as
the office of mayor, to be filled at the election. The person elected
at the election as mayor shall hold office from the Tuesday
succeeding his or her election, and until his or her successor is
elected and qualifies.
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February 1, 2012, Regular Meeting
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In the case of.a vacancy in the office "af themayor for. any
reason, the council'sh. all_fill the vacan4 by,appomtment If the
council fails to fill: if *Min 60 days, it shalt call an`etection to
fill the vacancy to be held on the next. establtshet erection dateto
be Field not less than 714 days thereafter A person appointed or
elected , to fill awacancy shall hold office for the'unexpi 4orm of
the former incumbent.
(b) After an office of elective mayor has been established, the
city council may subsequently submit to the electors the question of
whether or not to eliminate the elective office of mayor, pursuant to
the procedures enumerated in this article, and thereby reestablish
the procedure of selection of the mayor by the city council. If a
majority of the votes cast on the proposition are in favor of the
elimination of the office of elective mayor, the office shall be
eliminated on the expiration date of the incumbent's term, and on the
date the procedure of selection of the mayor by the city council
shall be reestablished.
Elections Code
1000. The established election dates in each yearare as follows:
(a) The second' Tuesday of April in each even- numbered year.
(b) The first Tuesday after the first Monday:in March-cif each
odd - numbered gear.
(c) The first Tuesday after the first Monday in June in each year;
(d) The first.Tuesday after the first Monday in November of each
year.
1001. Elections held in June and November of each even - numbered
year are statewide elections and the dates of those elections are
statewide election dates.
1002. Except as provided in Section 1003, notwithstanding any other
provisions of law, all state, county, municipal, district, and
school district elections shall be held on an established election
date.
1003. This chapter shall not apply to the following:
(a) Any special election called by the Governor.
(b) Elections held in chartered cities or chartered counties in
which the charter provisions are inconsistent with this chapter.
(c) School governing board elections consolidated pursuant to
Section 1302.2 or initiated by petition pursuant to Section 5091 of
the Education Code.
(d) Elections of any kind required or permitted to be held by a
school district located in a chartered city or county when the
election is consolidated with a regular city or county election held
in a jurisdiction that includes 95 percent or more of the school
district's population.
(e) County, municipal, district, and school district initiative,
referendum, or recall elections.
(f) Any election conducted solely by mailed ballot pursuant to
Division 4 (commencing with Section 4000).
(g) Elections held pursuant to Article 1 (commencing with Section
15100) of Chapter 1, or pursuant to Article 4 (commencing with
Section 15340) of Chapter 2 of, Part 10 of the Education Code.
1400. Each special election shall be held on one of the established
election dates set by this division or on the date of any statewide
special election except as provided in Section 1003.
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February 1, 2012, Regular Meeting
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1500. The established mailed ballot election dates are as follows:
(a) The first Tuesday after the first Monday in May of each year.
(b) The first Tuesday after the first Monday in March of each
even - numbered year.
(c) The last Tuesday in August of each year.
4000. A local, special, or consolidated election may be conducted
wholly by mail provided that all of the following conditions apply:
(a) The governing body of the local agency authorizes the use of
mailed ballots for the election.
(b) The election is held on an established mailed ballot election
date pursuant to Section 1500.
(c) The election is one of the following:
(1) An election in which no more than 1,000 registered voters are
eligible to participate.
(2) An election on a measure or measures restricted to (A) the
imposition of special taxes, or (B) expenditure limitation overrides,
or (C) both (A) and (B), in a city, county, or special district with
5,000 or less registered voters calculated as of the time of the
last report of registration by the county elections official to the
Secretary of State.
(3) An election on the issuance of a general obligation water bond
in accordance with Section 12944.5 of the Water Code.
(4) An election of the Directors of the Monterey Peninsula Water
Management District as authorized in Section 122 of Chapter 527 of
the Statutes of 1977, known as the Monterey Peninsula Water
Management District Law.
(5) An election of the Aliso Water Management Agency, or its
affected member agencies, pursuant to Sections 13416 and 13417 of the
Water Code.
(6) An election of the San Jacinto Mountain Area Water Study
Agency pursuant to Sections 13416 and 13417 of the Water Code.
(7) An election of the San Lorenzo Valley Water District pursuant
to Sections 13416 and 13417 of the Water Code.
(8) An election or assessment ballot proceeding required or
authorized by Article XIII C or XIII D of the California
Constitution. However, when an assessment ballot proceeding is
conducted by mail pursuant to this section, the following rules
apply:
(A) The proceeding shall be denominated an "assessment ballot
proceeding" rather than an election.
(B) Ballots shall be denominated "assessment ballots."
4004. '(a) "Small city" means a city with, a population of 100,000 or
less, as determined by the annual city total population rankings by
the Demographic Research Unit of the Department of Finance.
(b) "Eligible entity" means a school district or a special
district.
(c) Notwithstanding Sections 1500 and 4000, an election in a small
city or an eligible entity may be conducted wholly as an all -mail
ballot election, subject to the following conditions:
(1) The legislative body of the small city or the governing body
of the eligible entity, by resolution, authorizes the use of mailed
ballots for the election:
(2) The election is a special election to fill a vacancy in the
legislative body or governing body.
(3) The election is not held on the same date as a statewide
primary or general election.
(4) The election is not consolidated with any other election.
(5) The return of voted mail ballots is subject to Section 3017.
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ATTACHMENT 2
ORDINANCE NO. 410
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.04.050, FILLING OF
VACANCIES, OF CHAPTER 2.04, CITY COUNCIL, OF
TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE
MOORPARK MUNICIPAL CODE
WHEREAS, Section 2.04.050 of the Moorpark Municipal Code was adopted
by Ordinance 77 to establish the requirements for filling a vacancy on the City
Council; and
WHEREAS, the current language of Section 2.04.050 of the Moorpark
Municipal Code is not in compliance with the specific wording contained in Section
36512 of the California Government Code, which sets forth the legal authority to fill a
vacancy that occurs in an elective office; and
WHEREAS, Government Code Section 34902(a) regulates the filling of a
vacancy in the office of the mayor, and is generally consistent with Government Code
Section 36512(b); and
WHEREAS, the City Council has determined its preference to require an
election to fill a vacancy for city council and the office of mayor; and
WHEREAS, Government Code Section 36512(c) provides that
notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance
that does any of the options listed, including Section 36512(c)(1) as follows:
"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 ";
and
WHEREAS, at the regular meeting of February 1, 2012, the City Council
determined to amend Section 2.04.050 of the Moorpark Municipal Code consistent
with Government Code Section 36512(c)(1).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. That Moorpark Municipal Code Section 2.04.050, Filling of
Vacancies, of Chapter 2.04, City Council, is hereby replaced in its entirety to read:
Ordinance No. 410
Page 2
"2.04.050 Filling of vacancies.
A special election shall be called immediately to fill every city
council and elected office of mayor vacancy in accordance with Section
36512(c)(1) of the Government Code and any section amendatory or
supplementary thereto."
SECTION 2. If any section, subsection, sentence, clause, phrase, part or
portion of this ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this day of February, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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ATTACHMENT 3
ORDINANCE NO. 410
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.04.050, FILLING OF
VACANCIES, OF CHAPTER 2.04, CITY COUNCIL, OF
TITLE 2, ADMINISTRATION AND PERSONNEL, OF THE
MOORPARK MUNICIPAL CODE
WHEREAS, Section 2.04.050 of the Moorpark Municipal Code was adopted
by Ordinance 77 to establish the requirements for filling a vacancy on the City
Council; and
WHEREAS, the current language of Section 2.04.050 of the Moorpark
Municipal Code is not in compliance with the specific wording contained in Section
36512 of the California Government Code, which sets forth the legal authority to fill a
vacancy that occurs in an elective office; and
WHEREAS, Government Code Section 34902(a) regulates the filling of a
vacancy in the office of the mayor, and is generally consistent with Government Code
Section 36512(b); and
WHEREAS, Government Code Section 36512(c) provides that
notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance
that does any of the options listed, including Section 36512(c) (3) as follows:
"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. "; and
WHEREAS, at the regular meeting of February 1, 2012, the City Council
determined to amend Section 2.04.050 of the Moorpark Municipal Code consistent
with Government Code Sections 34902(a), 36512(b),and 36512(c)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. That Moorpark Municipal Code Section 2.04.050, Filling of
Vacancies, of Chapter 2.04, City Council, is hereby replaced in its entirety to read:
"2.04.050 Filling of vacancies.
If a vacancy occurs on the city council, the vacancy shall be filled in
accordance with Section 36512(c) (3) of the Government Code and
sections amendatory or supplementary thereto, with the exception that if a
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Ordinance No. 410
Page 2
vacancy occurs for the office of mayor, the vacancy shall be filled in
accordance with Section 34902(a) of the Government Code and sections
amendatory or supplementary thereto."
SECTION 2. If any section, subsection, sentence, clause, phrase, part or
portion of this ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 3. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
ordinance, shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this day of February, 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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