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HomeMy WebLinkAboutAGENDA REPORT 1995 1018 CC SPC ITEM 03AM E M O R A N D U M TO: The Honorable City Council FROM: Lillian Hare, City Clerk DATE: October 16, 1995 SUBJECT: Filling a vacancy on the City Council On June 23, 1986, the City Council passed as an Urgency Ordinance, Ordinance No. 77 regarding the filling of vacancies on the Council. I have confirmed with the City Attorney that this Ordinance is currently in effect. Ordinance No. 77, codified as Section 204.050 of the Moorpark Municipal Code, reads as follows: If a vacancy occurs on the City Council, within 30 days from the commencement of the vacancy, the City Council shall fill the vacancy by appointment. A person appointed to fill a vacancy on the City Council shall hold office only until the date of a Special Election to fill the remainder of the term. The Special Election shall be called and held within the time periods as provided in Section 36512.2 of the Government Code. Please note that Section 36512.2 of the Government Code has been repealed. With the repeal of Section 36512.2, Section 36512 becomes operative. This statute sets the time period for a Special Election as "the next regularly established election date not less than 114 days from the call of the Special Election." The next regularly established election date is March 26, 1994. Should the Council desire, the City Attorney has indicated that by urgency ordinance, the Council has the option to repeal Ordinance No. 77. There is not sufficient time to effectuate a repeal by adopting a regular ordinance. If Ordinance No. 77 were repealed, then Government Code Section 36512 would become operative in its entirety not just the election timing portion of the section. The Council would then have the option to appoint within 30 days of the commencement of the vacancy (by November 11, 1995) an appointee to fill the vacancy for the unexpired term of the former incumbent (November 5, 1996), or to call a Special Election. Vacancy October 17, 1995 Page two With the deadline to fill the vacancy by appointment November 11, there is little time to advertise for interested persons. The procedure outlined in MOP 7 for advertising to fill a vacancy refers only to boards, commissions and committees and does not apply to a Council vacancy. Direction to staff is needed relative to advertising the vacancy. To recap, following is a comparison of Ordinance 77 and Government Code Section 36512, ORDINANCE 77 SECTION 36512 Appoint within 30 days of Appoint within 30 days of vacancy -- BY NOVEMBER 11 -- vacancy -- BY NOVEMBER 11 -- and call a special election. OR call a special election. Appointee to serve until If appointment made, appointee special election. would serve until November 1996. Special election would be held If special election called, March 26, 1996. election would be held March 26, 1996. Cost of special election - Cost of special election, if $5,500. held - $5,500 Nomination Period 12/4 - 12/29 Nomination Period 12/4 - cc: Steven Kueny, City Manager GOVERNMENT sons official is requested to conduct U applicable to that election. is held on the same day as a statewi( prior to the adoption of the ordinanc f an even - numbered year, shall, instea after the day of the general municip 311ant to subdivision (a), the city ed voters informing the voters of:tl rs that as a result in the change in th olders will be changed.- the municipal election following t hall be conducted on the date specifies ordinance in question is later repealev nt to this section, at least one election of supervisors, may be subsequently os for filing as candidate t to Section 36503.5, or by charter, file as a candidate for the general le as a candidate for the' election, in esday in April of 1990, was added by'- 3.B.1311i); § 3, eff. Feb. 6,1990,and.was vn terns. 1 city. 77 Op.Atty.Gen. 170, July 20, by asterisks t ikhFNT CODE i 86G09. Appointment of elective officers; ballot Cross References elections, generally, see Elections Code i p(!Q st seq. § 36512 I $6610." Appointment of elective officers; vote; appointment; term; residence Cross References Elections Co y l mapal` elections, see de Referendum, municipal elections, see Elections Code §9235 et seq. , vs �.. ' "acsncies; fill by appointment or special election; term; ordinances governing appoint- meets or elections; restrictions (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. ,IhYtT#wvahanev occurs. in an elective office provided for in this chapter, the council shall, within n 20 The special election s all be on np npyr "'m om the call. of the special election A person appointed or elected to fill a vacancy holds � term of the former incumbent. �,,., (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance which: (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 96661aY,eleetion'shatll be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body which has enacted such art 'ordinance' may also call a special election pursuant to.subdivision (b) without waiting for the fihng of S'petition. (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 re gularly 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. (Amended by Stats.1992, c. 136 (A.B.2295), § 1; Stats.1993, c. 229 (A.B.1282), § 12, eff. July 29, 1993.) Cross References Municipal elections, generally, see Elections Code § 10100 et seq. Additions or changes indicated by underline; deletions by asterisks 67 § 36512.1 to 36512.3 GOVERNMENT COD] Repealed 6512.1 to 36512.3. R , c. 136 (AA-11.2295), §§ 2 to 4 § 36512.5. Repealed by Stats.1991, c. 393 (S.3.1098), § 22, eff. Sept. 12, 1991, operative Jan. 1, 199 Historical and Statutory Notes The repealed section, added by Stats.1991, c. 393 (S.B. 1098), § 22, related to a special election in the city of Milpitas. § 36513. Council member, vacancy for absence (a) If a city * * * councilmember is absent without permission from all regular, city, council meetings for 60 days consecutively from the last regular meeting he or she attended, his or her office. become& vacant and shall be filled as any other vacancy. (Amended by Stats.1990, c. 1558 (S.B.1821), § 2.) Notes of Decisions In general 1 council member to be elector and registered voter of city, statute malting office vacant because of failure to attend, meetings, and statute providing for forfeiture of office 1. In general upon conviction of felony and certain misdemeanors, even Power of general law city to impose term limits on was phrased in the negative. Polio v C ty of La Palma. council members was preempted by statute requiring (APP. 4 Dist 1992) 12 Ca1.Rptr.2d 322, 10 CalApp.4th 25. Part 2 LEGISLATIVE BODY _. Chapter 1 ORGANIZATION Section 36820. Repealed. § 36801. Mayor, in pro tempore; selection Cross References Municipal elections, generally, see Elections Code § 10100 et seq. § 36808. Repealed by Stats.1993, c. 1138 (S.B.1140), 6 2, operative April 1;;1994 § 36812. Council as judge of qualifications and election returns; election contests Cross References Election contests, generally, see Elections Code § 16000 et seq. Notes of Decisions 2. Qualifications of members impose term limits on council members. Polis v. City of Statute entitling city council to judge qualification of its La Palma (App. 4 Dist.1992) 12 Cal.Rptr.2d 322, 10 Cal. members granted no power to change qualifications for App.4th 25. elected office and did not entitle general law city to Additions or changes indicated by underline; deletions by asterisks 68 GOVERNMENT CODE § 36812.1. Election contests; If a written statement to cunt 16401 of the Elections do ft to city council, P proceedings shall be suspender Elections Code for the filing of Upon the expiration of the pez proceedings have been institute( Division 16 of the Elections Co rendered by the court. (Amended by Stats.1994, c. 923 1994 Legislation Subordination of legislation by St 1646), see Historical and Statutory Civil Procedure § 203. § 36812.5. Defense by city of A city may defend any persor any election contest instituted 16100 of the Elections Code. (Amended by Stats.1994, c. W 1994 Legislation Subordination of legislation by 1646), see Historical and Statutory Civil Procedure § 203. § 36903. Imprisonment; pl: Operation by private entity 3 3. Operation by private entity City may contract with privatA detention facility. 74 OpAtty.Ge Additions or chat Chapter 2.04 City Council Sections: 2.04.010 Meetings —Time. 2.04.020 Meetings — Place. 2.04.030 Meetings — Conduct. 2.04.040 Meetings — Organization. 2.04.050 Filling of vacancies. 2.04.055 Compensation. 2.04.060 Reimbursement of expenses. 2.04.070 Appointments to boards and commissions. 2.04.080 Appeals-- Generally. 2.04.090 Appeals— Notice. 2.04.100 Appeals — Scheduling. 2.04.110 Appeals— Hearing. 2.04.010 Meetings —Time. The regular meetings of the city council shall be held on the first and third Wednesdays of each month at the hour of seven (7:00) p.m. (Ord. 85 § 1, 1986: Ord. 2 § 1 (part), 1983) 2.04.020 Meetings — Place. The regular meetings of the city council shall be held at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. (Ord. 2 § 1 (part), 1983) 2.04.030 Meetings— Conduct. Any member or other person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupt- ing the proceedings, who refuses to be seated or kept quiet when ordered to do so by the mayor or other presiding officer of the council, is guilty of a misdemeanor. (Ord. 2 § 1 (part), 1983) 2.04.040 Meetings — Organization. The city council may, by resolution, adopt rules of proce- dure to govern the conduct of its meetings, any of its other functions and activities, and regulations pertaining thereto. (Ord. 2 § 1 (part), 1983) 2.04.050 Filling of vacancies. a vacancy occurs on the city council, within thirty (30) days from the commencement of the vacancy, the city council shall fill the vacancy by appointment. A person appointed to fill a vacancy on the city council shall hold office only until the date of a special election to fill the remainder of the term. The special election shall be called 2.04.010 and held within the time periods as provided in Section 36512.2 of the Government Code. (Ord. 77 § 1, 1986) 2.04.055 Compensation. The compensation of each city councilmember shall be three hundred dollars ($300.00) per month. (Ord. 129 § 2, 1990) 2.04.060 Reimbursement of expenses. When approved by the city council each member of the council shall receive reimbursement for actual and necessary expenses incurred in the performance of official duties for the city, pursuant to the provisions of Section 36514.5 of the Government Code. (Ord. 2 § 1(part),1983) 2.04.070 Appointments to boards and commissions. Unless otherwise specifically provided in this code or by state law, all city board and commission appointments, except for ex officio members where applicable, shall be made by the city council. (Ord. 2 § 1 (part), 1983) 15 2.04.080 Appeals — Generally. A. Except when an appeals procedure is otherwise specifically set forth in this code, any person excepting to the denial, suspension or revocation of a permit applied for or held by him pursuant to any of the provisions of this code, or to any administrative decision made by any official of the city, if the denial, suspension or revocation of such permit or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, may appeal in writing to the council by filing with the city clerk a written notice of such appeal. B. No appeal may be taken to any such administrative decision made by an official of the city pursuant to any of the provisions of this chapter unless such decision to appeal has been first taken up with the department head concerned and with the city manager, and each such official has not adjusted the matter to the appellant's satisfaction. C. No right of appeal to the council from any adminis- trative decision made by an official of the city pursuant to any of the provisions of this code shall exist when such decision is ministerial and thus does not involve the exercise of administrative discretion or personal judgment exercised pursuant to any of the provisions of this code, whether the administrative decision involves the denial, suspension or revocation of a permit or any other administrative decision; also, there shall be no such right of appeal with regard to law enforcement activities involving state law. (Ord. 2 § 1 (part), 1983)