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
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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
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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
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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:
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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:
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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
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