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HomeMy WebLinkAboutItem a - City Council District 5 Vacancy DATE: December 9, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: INTERVIEW POTENTIAL CANDIDATES FOR APPOINTMENT TO FILL THE UNEXPIRED TERM OF CITY COUNCIL MEMBER DISTRICT 5; REPORT, DISCUSSION, AND DIRECTION REGARDING APPOINTMENT TO FILL THE UNEXPIRED TERM OF CITY COUNCIL FOR DISTRICT 5; OR ADOPTION OF RESOLUTIONS RELATING TO AN ALL-ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 2022 RESOLUTION NO. 7397 CALLING AND GIVING NOTICE OF AN ALL- MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD IN CITY ELECTORAL DISTRICT 5 ON TUESDAY, APRIL 12, 2022, TO FILL A VACANCY ON THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES Recommendation: Adopt RESOLUTION NO. 7398 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ALL-MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 2022 Recommendation: Adopt RESOLUTION NO. 7399 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER FULL SERVICES TO THE CITY RELATING TO THE CONDUCT OF AN ALL-MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 2022, TO FILL A VACANCY ON THE CITY COUNCIL Recommendation: Adopt Report, Discussion, and Direction on City Council District 5 Vacancy December 9, 2021 Page 2 of 5 SUMMARY On November 13, 2021, a vacancy occurred in City Council District 5 with the passing of Council Member Roger Chandler. At its November 30, 2021, Special Meeting, the City Council directed the City Manager to solicit applications for appointment to fill the unexpired term. On December 1, 2021, the City announced that it was seeking applications to fill the District 5 vacancy, with applications due to the City Clerk’s Office by 7:30 a.m. on Monday, December 6, 2021. The City received 14 applications in total; however, only 11 applications are being referred to the City Council as meeting the application and eligibility requirements. Per the Arcadia City Charter, the City Council must fill the vacancy within 30 days, which is December 13, 2021. If the City Council does not make an appointment, the Charter requires that the City Council call a special municipal election at the earliest possible date. Therefore, it is recommended that the City Council interview prospective City Council candidates and make an appointment. If a majority consensus on an appointment cannot be made, it is recommended that the City Council adopt Resolution No. 7397 calling for an all-mail ballot special municipal election for Tuesday, April 12, 2022, to fill the unexpired term in City Council District 5, adopt Resolution No. 7398 setting regulations for the submission of candidate statements, and Resolution No. 7399 requesting that the Board of Supervisors of the County of Los Angeles render full services in support of the all-mail ballot special municipal election on Tuesday, April 12, 2022. BACKGROUND Article IV, Section 403 of the Arcadia City Charter prescribes the manner in which City Council vacancies are to be filled. The Charter states that the City Council has 30 days to fill a vacancy by appointment to the City Council. In order to be eligible for appointment to the City Council, an applicant must be an Arcadia resident currently residing in District 5 and a registered voter. The deadline to fill the current vacancy is December 13, 2021. If a majority consensus of the City Council on an appointment cannot be made, the Charter requires that the City Council call for a special municipal election to fill the vacancy. Government Code Section 36512 states the election should occur on the earliest practical date but not less than 114 days prior to calling for the election. As a result, the next possible election date under Elections Code 1000(c) is Tuesday, April 12, 2022. If the City Council is delayed in calling for the election after the December 13, 2021, deadline the next established election date is the Tuesday, June 7, 2022, statewide primary. Staff has been in contact with the County of Los Angeles Registrar/Recorder’s Office regarding the vacancy and the potential need for a special election. At this time, the Report, Discussion, and Direction on City Council District 5 Vacancy December 9, 2021 Page 3 of 5 County is preparing a cost estimate to provide elections administration services. Based on past experience, staff estimates that the cost of an April 2022 election will be significantly higher than a June 2022 election due to the economies of scale required to resource an election for only District 5 residents as opposed to a countywide election. The range for the election could be between $50,000 to $150,000. Should a special election be necessary, staff will return to the City Council with detailed cost proposal and a request for a supplemental budget appropriation. DISCUSSION At the November 30, 2021, Special Meeting, the City Council directed the City Manager to solicit applications for appointment to fill the unexpired term in District 5. On December 1, 2021, the City announced that it was seeking applications to fill the vacancy, with applications due to the City Clerk’s Office by 7:30 a.m. on Monday, December 6, 2021. The City received 14 applications in total; however, only 11 applications are being referred to the City Council as meeting the application and eligibility requirements. Of those disqualified, one application was received by the deadline but was determined to be ineligible due to voter registration status and two applications were received well after the stated deadline. The qualifying applications received (Attachment No. 1) are as follows: Thomas Tseng Joyce Platt Jason Lee Steve Swinney Tommy Thai Michael Cao Terrence Shay Eileen Wang Flora Tan Angela Hui Larry Steimle The City Council will have the opportunity to interview each candidate for approximately 20 minutes. After the interviews are complete, it is recommended that the City Council deliberate on the appointment of a City Council Member for District 5. A majority of the Council, or 3 votes, is required to make an appointment. In the event that a majority consensus cannot be reached on any prospective applicant, it is recommended that the City Council adopt Resolution No. 7397 (Attachment No. 2), Resolution No. 7398 (Attachment No. 3), and Resolution No. 7399 (Attachment No. 4), calling for an all-mail ballot special municipal election for Tuesday, April 12, 2022, to fill the unexpired term for City Council Member in District 5, setting regulations for the Report, Discussion, and Direction on City Council District 5 Vacancy December 9, 2021 Page 4 of 5 submission of candidate statements, and requesting that the County of Los Angeles administer the election, respectively. If the City Council defers this action until after the December 13, 2021, deadline, the date for the election will be Tuesday, June 7, 2022, in order to meet the 114 day requirement in the Government Code. It should also be noted that if the City Council is deadlocked on the appointment and the need for a special election, the City could be challenged in Court to conduct a special election by writ of mandate. Additionally, if the City Council attempts to appoint an individual after the December 13, 2021, deadline any official actions taken by the City Council that are challenged in Court could be invalidated, since the member was not duly appointed as required by the Charter. Therefore, it is recommended that the City Council make an appointment or proceed with the special election before the December 13, 2021, deadline. FISCAL IMPACT There is no impact to the General Fund to make an appointment to fill the City Council District 5 vacancy. If no appointment is made and a special election is required, it is estimated that the election will cost approximately $50,000 to $150,000. Staff will return to the City Council with a detailed cost estimate and a request for a supplemental budget appropriation. ENVIRONMENTAL ANALYSIS The proposed actions do not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that they will have no impact on the environment. Thus, these matters are exempt under CEQA. RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); interview prospective City Council candidates and make an appointment to fill the City Council District 5 vacancy. If a majority consensus on an appointment cannot be made, it is recommended that the City Council adopt: 1. Resolution No. 7397 calling and giving notice of an All-Mail Ballot Special Municipal Election to be held in City Electoral District 5 on Tuesday, April 12, 2022, to fill a vacancy on the City Council as required by the provisions of the City Charter and the laws of the State of California relating to Charter cities. Report, Discussion, and Direction on City Council District 5 Vacancy December 9, 2021 Page 5 of 5 2. Resolution No. 7398 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an All-Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022. 3. Resolution No. 7399 requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of an All-Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022, to fill a vacancy on the City Council. Attachment No. 1: City Council Applications Attachment No. 2: Resolution No. 7397 Attachment No. 3: Resolution No. 7398 Attachment No. 4: Resolution No. 7399