HomeMy WebLinkAboutAgenda Packet 03/30/1987 CINDY WIL
KINS
DEPUTY CITY CLERK
A GFN1? A
ATASCADERO CITY' COUNCIL
nv SPE'CIAL MEETING
ATASCADERO ADMINISTRATION BUILDING
FOURTH FLOOR, ROTUNDA ROOM
MARCH 30, 1987
7:30 P. M.
CITY `COUNCIL MEMBERS :
(seating from left to right)
Councilwoman Norris Michael Shelton
Mayor Mackey City Manager
Councilman Handshy Jeffrey Jorgensen
Councilwoman Borgeson
City Attorney
RULES OF PUBLIC PARTICIPATION
Members oftheaudience may speak on any item on the agenda.
A person may speak for three (3) minutes. If a group has a
spokesperson, the spokesperson may speak for five (5) minutes .
k No one may speak for a second time until everyone wishing to
speak has had an opportunity to do so.
No one may speak more than twice on any item.
Council members may question any speaker; the speakers may
respond; but after the alloted time has expired, may not
initiate further discussion.
%L The floor will then be closed to public participation and
open for Council discussion.
1. Motion acknowledging the Resignation of Council Member George
Molina, Effective March 26, 1987
2. City Council Discussion Regarding City Council Member
Replacement Procedures
3. City Council Discussion Regarding Mayor Pro Tempore Replacement
Procedures
'N
AGENDA r�
I I E M # �U
TO: City Council Members March 26,1987
FROM: Michael Shelton } �I -- -
City Manager
SUBJECT: CITY COUNCIL MEMBER REPLACEMENT PROCEDURES
DISCUSSION
Based on Councilman Molina' s resignation, effective March 26,
1987, the City Council. is required to take action to fill the.
vacancy. Basically, there are two options:
Appointment: The City Council may appoint a replacement. In
exercising this option, it must be accomplished by April 24,
1987. Should Council desire to follow the provisions adopted in
appointing Commission members, the following schedule is
recommended:
* Begin Advertisement. . . . . . . . . . . . . . . . . . . . . . . . . .April 1, 87
* . Application Deadline. . . . . . . . . . . . . . . . . . . .April +7-, 1987
(sig sted app.cation ttache• ) (1.2: Nven)
* Council Interview and Appointment. . . . . . . . . . . . . .April ---2198
(Special Meeting) 5 - ��/
In appointing a Council Member, the person selected would serve
the unexpired term until the June 7, 1988 election.
Special Election: The City Council may fill the vacancy by
special election to be held on the next regularly scheduled
election on November 3, 1987. The nominating period for the
election is July 13 through August 7, 1987. If this method is
utilized, the person will serve the unexpired term until the
June 7, 1988 election.
Other Option: If Council chooses to fill the vacancy by
special
election, the vacancy can go unfilled until after the November
3, 1987 election or Council may appoint a Council Member to serve
in the interim until the November 3, 1987 election.
The Council must select one of the above options, the position
may NOT remain vacant to the end of the unexpired term in
June, 1988.
MS : KV
FILE : MCCMEM
MEMORANDUM
City of Atascadero
March 26, 1987
TO: Michael Shelton, City Manager
RECEIVED
FROM: Jeffrey G. Jorgensen, City Attorney MAR G 61987
SUBJECT: City Council Vacancy CITY MGR.
It is my understanding from our telephone conversation of
March 25, 1987 that Councilman George Molina has submitted a
written resignation effective March 26, 1987 . Under
California law, a written resignation becomes effective
immediately when submitted, and it is not necessary for the
City or City Council to accept it or take any other action on
it. (Once tendered the resignation is not revocable, although
the Council may always reappoint a resigning member. )
This memorandum will discuss the options available to the City
in filling the vacancy created by Councilman Molina's resigna-
tion.
Government Code § 36512 provides the basic format for the
appointment or election of persons to fill a, vacancy on the
City Council. It provides as follows:
§ 36512 . Vacancies; appointment or election to
fill term. The city council shall take the action
specified by this section to fill any vacancy occur-
ring in the offices provided for in this chapter.
If the vacancy is in an appointive office, the
council shall fill the vacancy by appointment. If
the vacancy is in an elective office, the council
shall, within 30 days from the commencement of the
vacancy, either fill the vacancy by appointment or
call a special election to fill the vacancy. Such a
special election shall be held on the next regularly
established election date not less than 90 days from
the call of the special election. A person
appointed or elected to fill a vacancy holds office
for the unexpired term of the former incumbent.
(Emphasis added)
Based upon Government Code § 36512 , the City Council has until
April 24 , 1987 to appoint a successor to Councilman Molina or
to call a special election to fill the vacancy. The next
regularly established election date is November 31 1987, which
MEMORANDUM: City Manager -3
March 26, 1987
Page 3
I hope this memorandum will be helpful to you in making a
smooth transition. Please feel free to contact me at your
convenience if you have questions or comments.
Sincerely,
RE G O ENSEN
C ty to ey
JGJ: fr
A:MMATA421
Attachment
cc: City Council
MEMORANDUM: City Manager
March 26, 1987
Page 2
would give the Council until approximately July 21, 1987 to
call a special election should they choose that option. It is
estimated in conversation with the County Clerk that such an
election held on November 3, 1987 could cost as much as
$12 , 000. The person appointed or elected to fill the vacancy
would serve until the first meeting in 49eeember, 1988.
J j K Q_
Theprimary concern here is the relatively short time frame
available within which to make a decision. As indicated, the
decision to appoint or call a' special election must be made by
April 24, 1987. There is a special joint City Council/Parks
and Recreation Commission meeting scheduled for April 9, 1987,
and a regularly scheduled meeting of the City Council on April
14, 1987. It does not appear that either of these dates are
convenient for establishing a procedure to fill the vacancy.
Therefore, it is my recommendation that the City Council hold
a special meeting as soon as possible (given notice require-
ments and the convenience of the Council members) to make a
decision whether to appoint or call a special election and to
establish procedures for doing so. If the Council decides to
appoint, then a second special meeting will probably be
required to make the final decision and appointment.
Should the City Council choose to appoint a successor, there
are a number of ways in which this might be accomplished, but
there are no specific procedures required by law. At the very
minimum, the appointment must be made by a majority of the
remaining Council members in an open session of the City
Council. Beyond this, the method used is a matter of
procedure and policy to be established by the Council with
your guidance. As a practical matter, I believe it would be
advisable for the City to follow the same basic procedures
used to appoint members of the Planning Commission, provided
it can be done within the 30 day time limitation. At the very
least, it would appear appropriate to establish a limited
period in which interested citizens could submit letters and
resumes for consideration.
I am enclosing the full text of Government Code § 36512, as
well as the alternative provisions contained in §§ 36512 . 1 and
36512 . 2 . I recommend that you review the alternative provi-
sions, although in this instance it appears that the two most
realistic options available to the City Council are to appoint
a successor prior to April 24, 1987 or call for a special
election on November 3, 1987.
GOVERNMENT CODE § 36512.3
appointed by the city council; provided however that the city council shall not submit such question
to the electors more often than once in an 11-month pend.
(Amended by Stats.1977, c. 609, p. 1998, § 2)
1977 Amendment. Added the proviso at the end of the Laguna Beach, as those offices are presently constituted
section. under the law. 51 Ops.Atty.Gen. 183,9-13--68.
Notes of Decisions
1. In general
There is no incompatibility between the elective office of
city clerk and the appointive office of city manager of
§ 36512. Vacancies; appointment or election to fill;-term
The city council shall take the action specified by this section to fill any vacancy occurring in the
offices provided for in this chapter. If the vacancy is in an appointive office,the council shall fill the
vacancy by appointment. If the vacancy is in an elective office,the council shall,within 30 days from
the commencement of the vacancy,either fill the vacancy by appointment or call a special election to
fill the vacancy. Such a special election shall be held on the next regularly established election date
not less than' ' ' 90 days from the call of the special election. A person appointed or elected to fill
a vacancy holds office for the unexpired term of the former incumbent.
(Amended by Stats.1975, c. 283, p. 703, § 1; Stats.1977, c. 1205, p. 4076, § 89.)
§ 36512.1. Vacancies; special election to fill; ordinance
Notwithstanding the provisions of' ' ' Sections 34902 and 36512, a city may enact an ordinance
requiring that a special election be called immediately to fill every city council vacancy. The
ordinance shall provide that the special election shall be held on the next regularly established
election date not less than 90 days from the call of the special election. A city may also enact an
ordinance requiring that a special election be held to fill a city council vacancy when petitions bearing
a specified number of verified signatures are filed. The ordinance shall provide that the special
election shall be held on the next regularly established election date not less than 90 days from the
filing of the petition. However,a governing body which has enacted such an ordinance may also call
a special election pursuant to Section 36512 without waiting for the filing of a petition.
For purposes of this section, a city council vacancy includes a vacancy in an office designated as
the office of mayor pursuant to Section 34902.
(Added by Stats.1973, c. 488,p. 959, § 1. Amended by Stats.1975, c. 283, p. 703, § 2; Stats.1977, c.
1205, p. 4076, § 90; Stats.1981, c. 136, p. 918, § 18; Stats.1981, c. 406, p. 1594, § 1, urgency, eff.
Sept. 11, 1981.)
§ 36512.2. Vacancies; special election to fill after term of temporary appointee; ordinance
Notwithstanding the provisions of Section 36512, a city may enact an ordinance providing 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. Such a special election
may be held on the date of the next regularly scheduled election to be held throughout the city not
less than ' ' ' 90 days from the call of the special election, unless such an election date falls more
than 270 days from the call of the special election,in which case the special election shall be held on
the next regularly established election date not less than ' ' ' 90 days from the call of the special
election.
(Added by Stats.1973, c.488,p. 959, § 2. Amended by Stats.1975,c. 283, p. 703, § 3; Stats.1977, c.
1205, p. 4077, § 91.)
§ 36512.3. Vacancies; appointments resulting in a majority of members being appointed; elec-
tions
(a) Notwithstanding Section 34902 or 36512,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 section.
i
Asterisks ' ` indicate deletions by amendment
29
M E M O R A N D U M
TO: Mike Shelton, City Manager
(VL.'
FROM: Cindy Wilkins, Deputy City Cle
SUBJECT: Elections
DATE: March 26, 1987
For your information, George Molina's term on the City Council expires in
June of 1988; Mr. George Tays of the SLO County Clerk's Office advises that
the scheduled date of election is June 7, 1988.
Should the City Council decide to put candidate(s) on the ballot for elec-
tion in view of Councilman Molina's resignation, the next scheduled election
with which the City may consolidate would be that of November 3, 1987; the
nominating period for said election is July 13 through August 7, 1987.
Should the City Council wish to conduct a special election to fill the vac-
ancy, the cost is unknown at this time; however, the County Clerk's office
is expected to advise an approximate cost sometime this afternoon. As in-
formation, attached is a copy of the breakdown of costs associated with
consolidating the June 3, 1986 election. Of course, the cost of conduct-
ing our own City election would be substantially higher.
cc: City Attorney
City Council
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Of ICC °%hE count c1e k-
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COUNTY OF SAN LUIS OBISPO ROOM 385.COUNTY GOVERNMENT CENTER SAN LUIS OBISPO.CALIFORNIA 93408 AC.805 549-5241
FRANCIS M.COONEY WILLIAM E.ZIMARIK GEORGE TAYS
COUNTY CLERK-RECORDER DEPUTY CLERK-RECORDER ELECTIONS SUPERVISOR
August 7, 1986 .. AUG 1986 `
e:ASaDepo
CITY CLERK
City of Atascadero
City Clerk
P.O. Box 747
Atascadero, CA 93423
REF: Revised Statement of Costs - June 3, 1986 Primary Election
Dear City Clerk:
On July 24 , 1986 , our office mailed you our charges for conducting
your election held on June 3 , 1986 . Please disregard this bill as
we find you were inadvertently overcharged.
Enclosed is the revised Statement of Costs for your election that
was consolidated with the June 3, 1986 Primary Election.
Please make your remittance to:
County Clerk-Recorder
County Government Center, Room 385
San Luis Obispo, CA 93408
Sincerely,
FRANCIS M. COONEY
County Clerk-Recorder
By
/i Deputy��
Encl:
r
REVISED STATEMENT OF COSTS •
CITY: _ ATAS AD Rn
JUNE 3 , 1986 PRIMARY ELECTION
Data. Processing 149. 16
Printing 2 , 981.00
Officials & Samples $2 ,148 .00
Candidates Statements $ 833 .00
Labor & Overhead 25. 00
TOTAL COST $ 3 , 155.16
•
_ �ascade�®
. INCORPORATED JULY 2, 1979
ADMINISTRATION BUILDING
POST OFFICE BOX 747
ATASCADERO, CALIFORNIA 93423
PHONE: (805) 466-8000
DATE: 3/26/87
TO: Mike Shelton, City Manager
FROM: Cindy Wilkins, Deputy City Clerk
SUBJECT: Elections -- Addendum to memo of earlier today
Mike -
I just spoke to George Tays in the SLO County Clerk's
Office regarding the approximate cost of conducting a
special election to fill Council vacancy.
He estimates approx. $3,500-$4,500, based on $.35 per
registered voter (Atascadero currently has just over
10,000 registered voters) . He noted this estimate
excludes cost of printing ballots; also, some costs
would be shared with the school district which will
hold an election in November.
cc: City Attorney
City Council
CITY ATTORNEY
P.O. BOX 606
POLICE DEPARTMENT FIRE DEPARTMENT
ATASCADERO,CA 93423 (805) 466-8600 6005 LEWIS AVENUE
(805) 466-4422 ATASCAOERO, CA 93422
(805) 466-2141
I
- APPLICATION FOR MEMBER OF G�
CITY OF ATASCADERO
CITY COUNCIL ep 3'/3,
Name:
Address:
Residence Mailing
Telephone No. : Occupation:
Position applying for:
Give a summary of your education, experience, and/or reasons for wishing
to serve on the commission or board:
I hereby certify that the foregoing is correct and that I am a registered
voter in the City of Atascadero.
Signature Date
'73 zi rA
00
TO: City Council Members March 26, 1987
FROM: Michael Shelton Pa
City Manager
SUBJECT: COUNCIL ELECTION OF MAYOR PRO TEMPORE
With the recent resignation of Councilman Molina, the Council
will need to designate a Mayor Pro Tem. There are no time line
requirements as to when the Mayor Pro Tem position must be
filled. Council may designate a Mayor Pro Tem replacement at
your March 30,1987 Council Meeting or wait until a full Council
is available. In the absence of the Mayor and Mayor Pro Tem,
the Municipal Code provides the following provisions:
SECTION 2-1.05 CALL TO ORDER: PRESIDING OFFICER
The Mayor, or in his absence the Vice Mayor, shall take the chair
at the hour appointed for the regular meeting and shall call the
Council to order. In the absence of the Mayor and the Vice
Mayor, the City Clerk or his assistant shall call the Council to
order, whereupon an acting Mayor shall be elected by the Council-
members present. Upon the arrival of the Mayor or Vice Mayor,
the acting Mayor shall relinquish the chair at the conclusion of
the business then before the Council.
MS:kv
File: MCCMeml