12-21-2010 - Consideration of Appointment to Fill Vacancy of City Council Seat for Unexpired Term Ending 11/2011J City of West Covina
Memorandum
AGENDA
TO: Andrew G. Pasmant, City Manager ITEM NO. 14
and City Council
DATE December 21, 2010
FROM: Arnold M. Alvarez-Glasman, City Attorney
SUBJECT: CONSIDERATION OF APPOINTMENT TO FILL THE VACANCY OF
THE CITY COUNCIL SEAT FOR THE UNEXPIRED TERM ENDING
NOVEMBER 2011
RECOMMENDATION:
City staff recommends the City Council review the applications submitted and either fill the
vacancy of the Council seat by appointment or provide other direction to City staff.
DISCUSSION
At the City Council meeting of December 7, 2010, .options for filling the vacant City Council
seat were presented to the City Council for their review and discussion. By unanimous, vote the
City Council opted to open an application process and accept applications for a period of seven
days. The application process closed on Tuesday, December 14 and 19 applications were
received.
Applications of persons who are qualified to serve as a city councilmember in West Covina have
been, submitted to the City Council for their review.. It was left to the discretion G of each
councilmember whether to review the application or conduct some other interview process.
The City Council is not bound to make an appointment from only applications received,' but may
exercise their options as set forth by California Government Code Section 36512(b), as presented
on December 7, 2010
OPTIONS AS PRESENTED AT THE DECEMBER 7, 2010 CITY COUNCIL MEETING
CONCLUSION
If the City Council does .not fill the vacancy by appointment within the first 30 days of the
vacancy, a special election must be held. If the City Council does not call for a special `election
to fill the vacancy, the Government Code automatically mandates that the vacancy shall be filled
by an election to be held on the next regularly established election date, which would be June 7,
2011.
FISCAL IMPACT:
There is no or limited fiscal impact if the vacancy is filled by appointment. It is anticipated that a
special election would cost an estimated $125,000.
Prepared by:
(approved via e-mail)
Arnold M. Alvarez- Glasman, City Attorney
Attachments: Government Code Section 36512
Elections Code Section 1000
List of Applicants
r
Government Code Section 36512
36512.
(a) If a vacancy occurs in an appointive office provided for in
this chapter, the council shall fill the vacancy by appointment.
A person appointed to fill a vacancy holds office for the
unexpired
term of the former incumbent.
(b) If a vacancy occurs in an elective office provided for in
this chapter, 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. The
special election shall be held on the next regularly established
election date not less than 114 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.
(c) Notwithstanding subdivision (b) and Section 34902, a city
may enact an ordinance which:
(1) Requires that a special election be called immediately to
fill every city council vacancy and the_ office of mayor
designated pursuant to Section 34902. The ordinance shall
provide that the special election shall be held on the next
regularly established election date not less than 114 days from
the call of the special election.
(2) Requires that a special election be held to fill a city
council vacancy and the office of mayor designated pursuant''to
Section 34902 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 114 days from the filing
of the petition. A governing body which has enacted such an
ordinance may also call a special election pursuant to
subdivision (b) without waiting for the filing of a petition.
(3) Provides 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. The special election may be held on the date of„the
next regularly established election or regularly scheduled
municipal election to be held throughout the city not less than
114 days from the call.of the special election.
(d)(1) Notwithstanding subdivision (b) and Section 34902, an
appointment shall not be made to fill a vacancy on a city
council if the appointment would result in a majority of then
members serving on the council having been appointed. The
vacancy shall be filled in the manner provided by this
subdivision.
(2) The city council may call an election to fill the vacancy,
to be held on the next regularly established election date not
less than 114 days after the call.
(3) If the city council does not calL.an election pursuant to
paragraph (2), the vacancy shall be filled at the next regularly
established election date.
Election Cade Section 1000
1000. The established election dates in each year are as
follows:
(a) The second Tuesday of April in each,even-numbered year.
(b)'The first Tuesday after the first Monday in March of each
odd -numbered year.
(c) The first Tuesday after the first Monday in June in each
year.
(d) The first Tuesday after the first Monday in November of each
year.
(e) The first Tuesday in February of each year.evenly divisible
by the number four.,
CITY COUNCILMEMBER APPLICATIONS
Armbrust, Karin
Brown, Brad
Caesar, Jennifer
Carrico, Alan
Cervantes, Cesar
Finley, Lola (Delores)
Frazer, Meta
Gomez, Mercedes
Ivins, Jim
Johnson, Lloyd
Kennedy, Glenn
Kunza, Robert
Myrick, Darrell
Ramirez, Gilbert
Redholtz, Herb
Sernek, Steven,
Sotelo, Robert
Stewart, David .
Sykes, Fredrick