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Home My WebLink About1993-11-02; City Council; 12455; METHOD TO FILL VACANCIES IN ELECTED OFFICESi \o m e4 GcA I. alz 0 alz C oal V &IC oa uc da .ri al&I 50 c dm Ual GO :.d" 0 mu mu F .5 $4 u .r( ric) G al=t do +u nM ri6 \\ xm -I4 -Id z \\ 0 F a 0 6 8 z 3 Y OF CARLSBAD - AG A BILL 4' -2 1 * L< DEPT. HD. - AB # q gn TITLE. ' METHOD TO FILL VACANCIES IN ELECTED MTG. - .i1/-2$9.3. CITY ATTY C OFFICES I DEPT. CA I - 1 CITY MGR, I I I I RECOMMENDED ACTION: If the Council concurs, your action is to introduce Ordinance No. htS-zs'h ITEM EXPLANATION The City Council continued this matter from its meeting c how other cities fill council vacancies, to Summarize the histo] of the ordinance and to investigate other alternative methods fc filling vacancies on the City Council. The ordinance establishil the requirement of a special election was enacted in 1982. It WE amended this year as a code maintenance provision to delete the 2; day requirement for holding a special election when the state 1z deleted this requirement. September 7 I 199 3 I in order to allow the City Attorney to researr There are a number of circumstances which create vacancies on tl City Council including resignation, moving outside of the Citl absence from the state without the permission required by lab ceasing to discharge the duties of the office for three consecuti\ months, unpermitted absences from all regular City Council meetinc for 60 consecutive days, the death of an incumbent and othc reasons specified in the state law. The manner of filling council vacancies are set forth in Governme] Code Section 36512. Under that section, the City may fil vacancies as follows: 1. The Council shall, within 30 days from the commencement of vacancy, either fill it by appointment or call for a speciz election to fill the vacancy. 2. Require that a special election be called immediately to fil every council vacancy. 3. Require that a special election be held to fill a vacancy whe petitions bearing a specified number of verified signaturc are filed. No appointment shall be made to fill a vacancy on the city councj if that appointment will result in a majority of the membel serving on the council having been appointed. A summary of the manner in which other general law cities in SE Diego County fill vacancies on their councils is provided c Exhibit B. After having reviewed this information, the Council may wish t enact an ordinance which maintains its flexibility to mal appointments or call for special elections, depending, for examplc on the time a vacancy would continue, subject to the provision thz the voters can call for a special election of a specified number c verified signatures are presented. Filling a Council vacancy 1 .> w a e appointment will avoid the costs of a special election. If tk special election is consolidated with a general election, the clel estimates costs at approximately $. 30 per voter. If a specic election is not combined with a general election, the costs c holding a special election are estimated at approximately $3.00 PC registered voter. At the present time there are 40,73# registered voters in the City of Carlsbad. Corresponding aggregat costs would then be $12,221 and $122,214 respectively. FISCAL IMPACT Not holding a special election will avoid expenses estimated to 1 either $1Z1221 or $122&4 as explained above, EXHIBITS Ordinance No. hlS - &? 5 Ib Exhibit A Exhibit B I This figure represents the last official count provided by the registrar of voters in November 1992. 0m &E& JOW% 400, gO5d JL(3 KcG>": .c2= 9 * 9" OZJO a>m< ""$0 002 Lorn 50 m> 3uJz 0 zwm 4o-l p2 .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I w 7 ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 2, CHAPTER 2.04 OF THE CARLSBAD MUNICIPAL CODE REGARDING VACANCIES. The City Council of the City of Carlsbad, California doe ordain as follows: SECTION I: That Title 2, Chapter 2.04 of the Carlsba Municipal Code is amended by the amendment of Section 2.04.030 t read as follows: tt2.04.030 Vacancies - Special election to fill after term of temporary appointee. This section is adopted pursuant to the authority c California Government Code Section 36512. If a vacancy occurs i an elected office provided for in Chapter 1 of Part 1 of Divisic 3 of the California Government Code (Government: Code Section 365C et seq.), the Council shall, within 30 days from the commencemer of the vacancy, either fill the vacancy by appointment or call special election to fill the vacancy, provided, however, that whc petitions bearing ten percent (10%) of the verified siynatures c registered voters are presented to the City Clerk, a specic election shall be called. A person appointed by the Council t fill a vacancy in such circumstances, shall hold office only unti the date of the special election. The special election shall k held on the next regularly established election date not less thz 90 days from the call of the special election. A person appointec when no special election has been called, or elected to fill vacancy holds office for the unexpired term of the formt incumbent. It .. EFFECTIVE DATE: This ordinance shall be effective thirl days .after its adoption, and the City Clerk shall certify to tl adoption of this ordinance and cause it to be published at leas once in the Carlsbad Sun within fifteen days after its adoption, INTRODUCED AND FIRST READ at a regular meeting Of tl: Carlsbad City Council on the 9 th day of Noder , 199: and thereafter /// I 1 /// J D 29g ci->g c=rz &E& 0Lug uaOo jU, SO55 9. "nL a- a>m< OZAO ccrrqo 00;;: Loo zwo <Od p: 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 'I) PASSED AND ADOPTED at a regular meeting of the Cii Council of the City of Carlsbad on the day of 1993, by the following vote, to Wit: AYES : NOES : ABSENT : APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A, LEWIG, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk I v w EXHIBIT A This section is adopted pursuant to the authority of ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~ @hcu&.j$$htg , .:.:.:.:.::::: , , , , :.............. .,.,.,.,.,.,., :::j:: :.......... .................................................. ...... . . . . . . . . . . . . . . .. . . ............................................................................................................................................................................................................................................ -4"d tn G-11 - .r the -:t.- w A'Ib" b" *LA* u 'I b "A- m+--1 tkn d -1 -1 net .I bA* bAAk u UA "LbVb* -4-"I.. he " nd tn G-11 t Y AG thn tn Aub-AJ Jdb vu " bV &I** & -& b.11- bb -:--I ,lTSct: la wt CGtablZQkcd 2lcCtZ-xt Fegul2zly P tc be kl2 thr-t thc &ty, kat ZGt l"3"ty - czll GE th=2 specL2l =2laztL* blU I .* 5 % & APPOINT OR CALL CALL SPECIAL, CALL SPECIAL, OTHER SPECIAL, ELECTION^ ELECTION IN ELECTION IF EVERY INSTANCE PETITIONS PRESENTED Coronado YES NO NO Del Mar YES NO NO El Cajon YES NO NO ~ ~~ Encinitas YES NO NO Escondido YES NO NO ~~~ ~~ ~~ Imperial YES NO NO Beach La Mesa YES NO NO Lemon Grove YES NO NO National city YES NO NO 0c.eanside YES NO NO Poway YES NO NO ~ San Marcos YES NO NO Santee YES NO NO Solana Beach YES NO NO Vista YES NO NO 2 All cities, except Coronado and La Mesa, have no provisions regarding filling vacancies. Therefore, .§36512(b) of the Government Code is applicable and requires within 30 days of a vacancy, a call for a special election or the vacancy to be filled by appointment. I!