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HomeMy WebLinkAboutItem 13b - City Council District 5 VacancyDATE: TO: FROM: February 7, 2022 Honorable Mayor and City Council Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING FILLING THE UNEXPIRED TERM FOR CITY COUNCIL DISTRICT 5, INCLUDING RESOLUTIONS NECESSARY TO CALL A SPECIAL MUNICIPAL ELECTION Recommendation: Provide Direction RESOLUTION NO. 7408 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CITY ELECTORAL DISTRICT 5 ON TUESDAY, JUNE 7, 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. 7409 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022 Recommendation: Adopt RESOLUTION NO. 7410 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE Recommendation: Adopt Report, Discussion, and Direction regarding City Council District 5 Vacancy February 7, 2022 Page 2 of 4 RESOLUTION NO. 7411 AMENDING THE FISCAL YEAR 2021-22 GENERAL FUND BUDGET AUTHORIZING A SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND RESERVE IN THE AMOUNT OF $20,000 FOR AN ALL-ALL MAIL-BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, AND RELATED ELECTION SERVICES Recommendation: Adopt SUMMARY A vacancy exists in City Council District 5 because of the passing of Council Member Chandler. The City Charter indicates that the City Council can appoint someone to fill the unexpired term or call for a Special Municipal Election. At its December 9, 2021, Special Meeting, the City Council interviewed 11 prospective City Council candidates to fill the unexpired term in City Council District 5. At that meeting, which concluded on December 13, 2021, a consensus of the City Council was not reached on a candidate to fill the vacancy nor was consensus reached on calling for an election. The City Council has indicated that they would like to revisit this discussion. Should the City Council wish to call for a Special Municipal Election, the necessary resolutions and supporting documents have been attached to this report for consideration. It is recommended that the City Council provide direction on filling the vacancy for Council District 5. 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 Charter requires that at least three of the remaining City Council Members agree on the appointee. 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 were referred to the City Council as meeting the application and eligibility requirements. Report, Discussion, and Direction regarding City Council District 5 Vacancy February 7, 2022 Page 3 of 4 At its December 9, 2021, Special Meeting, the City Council interviewed 11 prospective City Council candidates to fill the unexpired term in City Council District 5. During the interview process, one candidate did not show, one candidate was determined to live outside District 5, and another candidate withdrew his nomination. After several rounds of deliberation on the remaining qualified candidates over several days of discussions, which concluded on December 13, the City Council was unable to reach a three vote consensus on an appointment. Likewise, a motion was made by Mayor Tay and seconded by Mayor Pro Tem Cheng to adopt resolutions relating to an All-Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022. The motion failed on a 2-2 vote. DISCUSSION 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. Therefore, the April 12 date is no longer possible. The next possible election date under Elections Code 1000(c) 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. The County estimates that the cost to provide elections administration services is on June 7 would be $15,000, which is significantly less than the approximately $150,000 it would have cost in April. This is because the June statewide primary costs would be shared by far more cities than a smaller election held in April. The City Clerk’s Office usually retains the services of an elections consultant to assist with the preparation of elections materials as well as to provide guidance on elections related issues. If the City Council wishes to call for a Special Municipal Election, Resolution No. 7411 amending the Fiscal Year 2021-22 budget to provide a total of $20,000 in additional funds for elections activities would be necessary. FISCAL IMPACT It is estimated that a Special Municipal Election in District 5 will cost a total of approximately $20,000. 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. Report, Discussion, and Direction regarding City Council District 5 Vacancy February 7, 2022 Page 4 of 4 RECOMMENDATION It is recommended that the City Council provide direction on filling the vacancy in Council District 5. If the City Council wishes to call for a Special Municipal Election, then it should take the following actions: 1.Determine that this action is not a project and is, therefore, exempt under the California Environmental Quality Act (“CEQA”). 2. Adopt Resolution No. 7408 calling and giving notice of a Special Municipal Election to be held in City Electoral District 5 on Tuesday, June 7, 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. 3. Adopt Resolution No. 7409 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at a Special Municipal Election to be held on Tuesday, June 7, 2022. 4. Adopt Resolution No. 7410 requesting the Board of Supervisors of the County of Los Angeles to consolidate a Special Municipal Election to be held on Tuesday, June 7, 2022, with the Statewide Primary Election to be held on the same date pursuant to Section 10403 of the California Elections Code. 5.Adopt Resolution No. 7411 amending the Fiscal Year 2021-22 General Fund Budget authorizing a supplemental appropriation from the General Fund Reserve in the amount of $20,000 for a Special Municipal Election to be held on Tuesday, June 7, 2022, and related election services. Attachment No. 1: Resolution No. 7408 Attachment No. 2: Resolution No. 7409 Attachment No. 3: Resolution No. 7410 Attachment No. 4: Resolution No. 7411 SECTION 6. That notice of the time and place of the holding of the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Passed, approved and adopted this 7th day of February, 2022. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 3 RESOLUTION NO. 7409 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT S SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022. WHEREAS, a vacancy in the office of City Councilmember representing District 5 on the Arcadia City Council was created by the death of Roger Chandler on November 13,2021;and WHEREAS, by adoption of Resolution No. 7408 on February 7, 2022, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, in Electoral District 5 of the City of Arcadia, County of Los Angeles, for the purpose of electing a qualified replacement to fill the Council vacancy at said Special Municipal Election; and WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. Pursuant to Sections 13307 and 13308 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Special Municipal Election to be held in the City of Arcadia on Tuesday, June 7, 2022, may prepare a candidate's statement on an appropriate form provided by 1 SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot or voter information guide package. SECTION 6. The Elections Official shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. All previous resolutions establishing City Council policy on payment for candidates' statements to the extent they are inconsistent herewith are deemed to be of no further force or effect. SECTION 8. This Resolution shall apply only to the election to be held on June 7, 2022, and shall thereafter be deemed to be of no further force or effect. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 7th day of February, 2022. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 5 RESOLUTION NO. 7410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE WHEREAS, a vacancy in the office of City Councilmember representing District 5 on the Arcadia City Council was created by the death of Roger Chandler on November 13,2021;and WHEREAS, by adoption of Resolution No. 7408 on February 7, 2022, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, in Electoral District 5 of the City of Arcadia, County of Los Angeles, for the purpose of electing a qualified replacement to fill the Council vacancy at said Special Municipal Election; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date, and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Los Angeles County Registrar-Recorder/County Clerk canvass the returns of the Special Municipal Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 1 Passed, approved and adopted this 7th day of February, 2022. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 3 RESOLUTION NO. 7411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE FISCAL YEAR 2021-22 GENERAL FUND BUDGET AUTHORIZING A SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND RESERVE IN THE AMOUNT OF $20,000 FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, AND RELATED ELECTION SERVICES WHEREAS, by adoption of Resolution No. 7408 on February 7, 2022, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, June 7, 2022, in Electoral District 5 of the City of Arcadia, County of Los Angeles, for the purpose of electing a qualified replacement to fill the Council vacancy at said Special Municipal Election; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date, and for the Los Angeles County Registrar-Recorder/County Clerk to administer the election on behalf of the City; and WHEREAS, the Los Angeles County Registrar-Recorder/County Clerk has indicated that the cost to administer the Special Municipal Election is approximately $15,000; and WHEREAS, in anticipation of the Special Municipal Election, the City Clerk's Office will need to acquire additional supplies and materials, as well as the retention of an elections consultant to assist the City with election-related issues; and WHEREAS, the City Manager has certified that there available funds in the General Fund Reserve for appropriation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 SECTION 1. The sum of Twenty Thousand Dollars ($20,000) is hereby appropriated in the City Clerk's Office budget for the foregoing purpose, offset with an equal reduction in the General Fund Reserve Fund. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 7th day of February, 2022. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 2