07.01 City Council Vacancy 1-8-19
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1. : SUBJECT :
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iscussion regar ing ity ounci vacancy:
2: . SUMMARY
, The;=City Council seat;held by Mark:A, Murphy is: ,now: vacant with Go,uncilmember
Murphy':s.swearing in to fhe office of Mayor. The City Council musf now decide how to fill
: this vacanc for the remainder of this seat's term; which ex 'ires in November 2020:
Y p
3. RECOMMENDED..ACTION ;.
. City Council provide direction r.egarding the:filling of the vacant City.Council seat. .Options
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include:
1. Appoint a qualified individual to.fill #he vacancy for the remainder of the term;
or.
,. .
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2. Call for a .Special Electio:n and direct .staff to prepare the appropriate
Resolutions; or
3. .Conduct a Special :Meeting prior to. February 9, 2019 :to deliberate further on
the matter:
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4. FISCAL IMPACT : . '
If Councif calls for a Speciaf Election, the estimated cost.to conduct a Special Election is
between $427,000 to 472,000
> 5. STRATEGIC PLAN GOALS
Goal 1: Be a fiscally healthy commun.ity.
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b: Expand fiscal resources.responsibly:
6. DISCUSS.ION AND BAC:KGROUND .
With the swearing in of Mark A. Murphy as Mayor, by operation of law his Council seat
has become vacant. Government Code Section 36512 governs the options the City
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ITEM 1.- O1/08/2019
Council has in filling this elected position. The City Council is given two choices, (1)
appoint someone, or (2) call a special election. If Council wishes to appoint, it must be
done within 60 days of the vacancy, which is no later than February 9, 2019. If there is
no appointment within 60 days, then the position must be filled by Special Election on the
next regularly established election date, which by statute would be November 5, 2019.
Last month, it was erroneously stated that the date of the special election would be June
4, 2019: The state law establishing this date has been amended effective Jan. 1, 2019,
deleting the June date as a "regularly established election date." This information was
updated in all public communications related to .the Vacancy when the error was
discovered in mid-December. �Additionally, due to other state law amendments effective
Jan. 1, the cost estimate as provided by the Registrar of Voters has increased to between
$427,000 and $472,000.
While the state Government Code mandates certain aspects of City Council vacancies
as noted above, it does not regulate or provide guidance for the process of appointments. _
Although the Council has not made a determination whetherto appoint or call for a Special
Election, City staff initiated a possible appointment process. As such, notice was placed
on the city's website and other social media advising of the City Council vacancy. Those
interested in the vacant City Council position were invited to submit an application to the
City Clerk's office. At the time of this writing, TEN applications have been received. Again,
by receiving applications, there is no presumption that the City Council will appoint versus
call for a.Special Election. �
� While applications have been solicited, state law does not limit the City Council to
consider only those individuals that have submitted applications. Ultimately, it will be a
City.Council policy decision in determining who they will consider for appointment, if that
is the direction of the Council.
As the City Council deliberates on the disposition of the vacancy, the following actions
are available:
1. Appoint a qualified individual to fill the vacancy for the remainder of the term;
or
2.' Call for a Special Election and direct staff to prepare the appropriate
Resolutions; or
3. Conduct a Special Meeting prior to February 9, 2019 to deliberate further on
the matter.
ITEM 2 O1/08/2019