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CONSIDERATION OF WHETHER TO HOLD A SPECIAL ELECTION OR APPOINT A PERSON TO FILL THE VACANCY OF CITY COUNCIL SEAT NO. 4, AND, IF BY APPOINTING A PERSON, CONSIDERATION OF AND DIRECTION TO STAFF ON THE APPOINTMENT PROCESS
A. RESOLUTION NO. 2014-241 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF CITY COUNCIL SEAT NO. 4, AND DECLARING ITS INTENTION TO APPOINT A PERSON TO FILL THE VACANT SEAT
OR
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF CITY COUNCIL SEAT NO. 4; CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD JUNE 2, 2015, FOR THE PURPOSE OF ELECTING ONE MEMBER OF THE CITY COUNCIL, PURSUANT TO CHULA VISTA CHARTER SECTION 303.C; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR THE ELECTION; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
AND
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 2, 2015
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RECOMMENDED ACTION
Recommended Action
Council adopt Resolution A or Resolutions B and C, and, if Resolution A is adopted, discuss and provide direction to staff regarding appointment process.
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SUMMARY
At the election of November 4, 2014, Mary Salas was elected as Mayor. Upon taking her oath of office, City Council Seat 4 became vacant. Under the newly amended City Charter section 300(C), the City Council has the option of filling the vacancy by appointing a person or by holding a special election. The City Council is presented with these two options for deliberation and direction.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of Adopting a Resolution Declaring a Council seat vacant and declaring the necessary procedures for filling the vacant seat, is not a project as defined under Section 15378(b)(5) of the State CEQA Guidelines because the action of adopting the resolution is an administrative activity that will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Background
Revised Charter
At the election of November 4, 2014, voters passed Proposition B, which amended the City of Chula Vista Charter to allow the Council the option of either making an appointment or holding an election to fill a vacant seat.
City Charter section 303(A) specifies that a seat becomes vacant when a current office holder is elected to another seat on the City Council and that the seat becomes vacant on the date on which the current office holder is sworn into another office. Attachment 1 is the text of the amendments to Charter section 303, as submitted to and ratified by the voters.
Also at the election of November 4, 2014, Mary Salas, City Council Member (Seat 4), was elected as Mayor. The newly elected Mayor Salas will take her oath of office at the City Council meeting of December 9, 2014, at which time her City Council seat will become vacant under the revised Charter.
Options to Fill the Vacancy - Appointment or Special Election
The vacant seat of Member of the City Council, Seat 4, has a remaining term of 24 months. Under the revised Charter section 303, the Council has options to determine the manner in which the vacant seat will be filled.
The revised Charter states that for vacancies with more than one year but less than 25 months remaining in the term from the date of declaration of vacancy, the Council may either appoint a person to fill the vacant seat (pursuant to Charter section 303(C)(1) or call a special election to fill the vacancy (pursuant to Charter 303(C)(2).
The Council may determine, by majority vote within fourteen days of the declaration of vacancy, whether to fill the vacancy by appointment or by special election. With the vacancy declared on December 9, 2014, the fourteen-day deadline to determine how the seat will be filled is December 23, 2014.
If Determined to Fill by Appointment - Deadline
If the Council determines to fill the vacancy by appointment, it must make that appointment with 45 days of the declaration of vacancy, which is January 23. If the Council is unable to make an appointment within the required timeframe, the Council's power to appoint is terminated and the Council shall call a special election (pursuant to Charter section 303.C.2).
If Determined to Fill by Appointment - Process
If the Council determines to fill the vacancy by appointment, staff recommends the appointment process be decided. Attachment 2 provides documents pertaining past appointment processes for Council's reference.
If Determined to Fill by Election
If the Council decides to fill the vacancy by holding a special election, the City Charter requires that the election be "held on the next established election date, as specified in the Elections Code of the State of California, or within 120 days from the declaration of vacancy, whichever is practical, unless there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy. If there is a federal, state, or local election scheduled to be held within 180 days of the declaration of the vacancy, the Council may consolidate the special election with that election, as provided by the Elections Code."
The next established election date pursuant to California Elections Code section 1000 that allows a sufficient nomination period as required by Elections Code section 10220 is the first Tuesday after the first Monday in June (June 2, 2015).
At this time, there is not a federal, state, or local election scheduled to be held by June 2015 in San Diego County.
City Charter section 902 requires a polling place election for City Council Members and Mayor, prohibiting the election to be held by mail ballot.
Proposed Resolutions
Resolution A declares the vacancy of Seat 4 and declares the Council's intention to fill the vacancy by appointment. If this option is selected, staff also recommends that the Council discuss and determine the process in which to make the appointment.
Resolutions B and C declare the vacancy of Seat 4, call a special election to fill the vacancy, and adopt regulations for candidates pertaining to a June 2, 2015 special election.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Serving as the elections official and managing the elections process, which forms the foundation of our democratic system of government, is one of the primary functions of the City Clerk. While this item is not specifically associated with one of the City's strategic goals, carrying out this important function in an ethical, impartial, transparent manner aligns with the City's goals of Operational Excellence and Connected Community.
CURRENT YEAR FISCAL IMPACT
If Resolution A is adopted, which will declare the Council's intention to appoint a person to fill the vacant seat, there are sufficient funds in the fiscal year 2014-2015 budget to cover related expenses.
If Resolutions B and C are adopted, the Registrar of Voters has estimated the cost of a special election on June 2, 2015 at approximately $600,000. Approval of this resolution will result in the appropriation of $600,000 from the General Fund available fund balance to the City Clerk Department's Services and Supplies budget for election related costs.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
Attachment 1 - Revised Charter section 303, as submitted to and ratified by the voters on November 4, 2014
Attachment 2 - Documents describing past appointment processes.
Staff Contact: Donna Norris