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Home My WebLink AboutCC Item No. 16 08-09-2011CITY OF i~ LADE LSIIYOR E DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR PRO TEM AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 9, 2011 SUBJECT: CITY COUNCIL VACANCY Background On July 26, 2011, former Mayor Amy Bhutta submitted her resignation from the City Council. The resignation was effective immediately thereby creating a vacancy on the City Council. Pursuant to City Council Policy No. 200-11, the City Council is required to immediately take steps towards filling the vacancy. Discussion City Council Policy No. 200-11, "Filling City Council and Other Elected Officials Unscheduled Vacancies" establishes the City's policy and procedures for the filling of a vacancy on the City Council. A copy of the Policy is attached. Pursuant to the Policy, a Notice of City Council Vacancy must be posted and published within 5 days of the vacancy. The City Clerk prepared the attached Notice which was posted in the City Hall bulletin board, at the library and on the City Clerk's webpage under Public Notices. The Notice was published in the newspaper on July 30th and the City's Community TV starting Monday, August 1st. In accordance with Policy No. 200- 11, the Notice provides for a two week application period, ending at noon on August 15. The attached application and City Clerk welcome letter are available on the City's website and in the City Clerk's office. At the next regular meeting following the occurrence of a vacancy, City Council Policy No. 200-11 directs the City Council to appoint two City Council Members to evaluate the applications. The Appointment Committee selection is calendared for August 9, 2011. Following their evaluation of the applicants, the Appointment Committee members select a candidate for nomination to the City Council. The City Council is directed to fill the vacancy within 30 days which would be the August 23, 2011 regular City Council meeting or a special meeting not later than August 25, 2011. In the event no applications from eligible candidates are received or the City Council otherwise fails to AGENDA ITEM NO. 16 Page 1 of 11 City Council Vacancy August 9, 2011 Page 2 of 2 fill the vacancy, a special election will be conducted. A person appointed or elected to fill the vacancy will hold office for the former Mayor's unexpired term which is December 2012. The City Council seat will be up for election at the November 6, 2012 General Municipal Election. In 2006, when Policy No. 200-11 was last amended, it tracked the 30 day appointment requirement established by state law. In January 2011, Government Code Section 36512 was amended to provide 60 days to fill a City Council vacancy by appointment or to call a special election to fill the vacancy. State law does not prescribe the procedure for the selection of an appointee. However, if an election is called, it must be held at the next regularly established election date not less than 114 days from the call of the special election which would be February 2012. While state law now allows more time to fill the vacancy, Policy No. 200-11 is a valid and lawful policy unless amended. Fiscal Impact Costs incurred by filling the vacancy by appointment are limited to staff time. If a special election is called to fill the vacancy, the costs of the election from the Riverside County Registrar of Voters Office are estimated to be $70,000.00. Recommendation In accordance with the requirements of Policy No. 200-11, it is recommended to the City Council that it select two City Council Members to serve as the Appointment Committee to review applications and nominate an eligible candidate to fill the vacancy at the August 23 City Council meeting. Alternatively, the City Council could elect to revise Policy No. 200-11 to allow 60 days to fill the vacancy or modify the selection procedures. Prepared by: Barbara Leibold, City Attorney / Virginia Bloom, City Clerk 4 J Approved by: Robert A. Brady City Manager Attachments: City Council Policy No. 200-11 Notice of Vacancy Application and Cover Letter Page 2 of 11 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Filling City Council Policy No. 200-11 and Other Elected Effective Date: 11/03/04 Officials Unscheduled Revised 9/12/06 Vacancies Page No. 1 of 3 BACKGROUND The City of Lake Elsinore does not currently have a policy regarding the filling of vacancies on the City Council, nor has the City adopted an ordinance addressing such matter as permitted under Government Code Section 36512. PURPOSE To define policies and procedures for the filling of a vacancy on the City Council. POLICY Definition Of Vacancy The City Council shall determine that a vacancy has occurred in accordance with definition afforded "vacancy" under California law, including, without limitation, Government Code Section 1770. For example, California law states that a vacancy occurs in the events of resignation, non-residence, military service, abandonment, incompatible offices, acceptance of free transportation, criminal conviction and death. Questions as to whether a vacancy has occurred shall be directed to the City Attorney. Policies And Procedures 1. Appointment within thirty (30) days; Exception. In conformity with California law, the City Council shall fill the unscheduled vacancy by appointment within thirty (30) days of the occurrence of the vacancy. Notwithstanding the foregoing, a vacancy occurring on or after July 1 of the last year of a member's term shall not be filled by appointment; but rather shall be filled by the general municipal election for that Council seat. 2. Notice of unscheduled vacancy. Within five (5) days of the occurrence of a vacancy in the City Council, a special vacancy notice shall be posted published in a newspaper of general circulation, posted on cable television public access channel and in the office of the City Page 3 of 11 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Filling City Council Policy No. 200-11 and Other Elected Page No. 2 of 3 Officials Unscheduled Vacancies Clerk, the Lake Elsinore Library, and in such other places as directed by the City Council. 3. Application Period. The application period will run for a period of two weeks from the date the notice of vacancy is posted. If there is more than one concurrent vacancy, the application period may be longer, but in no event for a period longer than twenty (20) days after the occurrence of a vacancy. Applications shall be available from the City Clerk's office. 4. Submission of Application; List of Applicants. Applicants shall be required to complete and return the application by the established deadline. Applications sent by fax or email will not be accepted. The City Clerk shall compile a list of applicants from the applications received (the "List of Applicants"). 5. Appointment Committee. At the next regular meeting following the occurrence of a vacancy, the City Council shall appoint two (2) City Council Members to nominate an appointee from the List of Applicants. 6. Evaluation of Applicants. The Appointment Committee members shall evaluate the applications and may interview parties selected from the List of Applicants. After consideration of the foregoing, the Appointment Committee members shall select the candidate(s) for nomination to the City Council. 7. Nominations. After the deadline of receipt of applications, the City Clerk shall schedule the matter at a Council meeting. All applications received will be submitted and made a part of the Council agenda packet. The Appointment Committee's selection/nomination shall be conducted open to the public at the City Council meeting. A vote will be called for each nomination. The applicant(s) receiving an affirmative vote from a majority of the Council present shall be appointed. Page 4 of 11 CITY OF LAKE ELSINORE, CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Filling City Council Policy No. 200-11 and Other Elected Page No. 3 of 3 Officials Unscheduled Vacancies 8. Term. The person so appointed shall serve until the expiration of the predecessor's term. 9. Councilmember Prohibition. No person serving as a Councilmember during the occurrence of a vacancy on the City Council shall be eligible for appointment to fill such vacancy. 10. Special Election. In the event no applications from eligible candidates are received or the City Council otherwise fails to fill the vacancy by appointment in accordance with this Policy the thirty (30) day period required by California law, then the City Council shall on the 30th day call for a special election. HISTORY Adopted by Minute Action 11/03/04 Amended by resolution No. 2006-152 9/12/06 Page 5 of 11 Page 6 of 11 CITY OF LADE ~LSII` 0RE DREAM EXTREME,. NOTICE OF VACANCY PUBLIC NOTICE OF ACCEPTING APPLICATIONS FOR CONSIDERATION OF APPOINTMENT TO THE CITY COUNCIL NOTICE IS HEREBY GIVEN that Amy Bhutta, elected Council Member for the City of Lake Elsinore, resigned her post on July 26, 2011. Her term of office is set to expire in December of 2012 causing a vacancy on the City Council. Pursuant to City Council Policy No. 200-11, the City Council of the City of Lake Elsinore, California, will be accepting applications for consideration of appointment to the City Council for the remaining portion of the vacant term of office, approximately 17 months, i.e. August 2011 through December 2012. Said office will be up for election at the November 6, 2012 General Municipal Election. QUALIFICATIONS to be considered for appointment to the City Council are set out in the Government Code as follows: (1) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant. (G.C. §36502) (2) A person is incapable of holding a civil office if at the time of his election or appointment he is not 18 years of age and a citizen of the state. (G.C. §1020) (3) A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State. (G.C. §1021) PERSONS INTERESTED are required to complete an Application & Statement of Qualifications. The deadline to submit a completed Application is Monday, August 15, 2011 by 12:00 p.m. noon. All completed Applications are to be filed with the City Clerk's Office, located at City Hall, 130 So. Main Street, Lake Elsinore, CA 92530. Pursuant to Section 4 of the City Council Policy No. 200- 11, no faxed or emailed applications will be accepted. Applications may be obtained at the City Clerk's Office or by calling (951) 674-3124 ext. 269. IISSH Virginia Bloom City Clerk Posted at City Hall on July 28, 2011 and published in the Press Enterprise on July 30, 2011 ATTESTATION: I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, affirm that a copy of the Notice of Vacancy was posted at City Hall and Public Library on July 28, 2011, and published in the Press Enterprise Newspaper on July 30, 2011. Virginia J. Bloom Virginia J. Bloom, CMC City Clerk, City of Lake Elsinore, California Page 7 of 11 CITY OF LADE LSIROIZE DREAM EXTREME July 28, 2011 Dear Applicant: Thank you for applying for appointment to the City Council of the City of Lake Elsinore. The appointment is to the Council office made vacant by the resignation of Mayor Amy Bhutta to fulfill the remainder of her term, which ends December, 2012. Eligibility A person is eligible for appointment to the City Council provided s/he is a United States citizen, 18 years of age or older, and a registered voter of the City of Lake Elsinore. If during his/her term of office the office holder changes residence to outside of the City or ceases to be an elector of the City, said office shall immediately become vacant. Application Period The period for applying for City Council begins on July 28, 2011. Completed applications must be submitted to the City Clerk's office prior to 12:00 noon August 15, 2011. Applications received after this date will not be considered. Fair Political Practices Commission (FPPC) The appointed City Council member will be required to complete a Statement of Economic Interests, complete Ethics training and file financial disclosure statements in compliance with Government Code §81000 et seq. (Political Reform Act). This application packet does not substitute for legal counsel This packet has been prepared to assist applicants in preparing for consideration of appointment to fill a vacancy on the City Council; however, while it summarizes the major provisions related to appointment to the City Council in the City of Lake Elsinore, it is not all- encompassing and is distributed with the understanding that the City Clerk does not render any legal advice and that this packet is not a substitute for legal counsel. City Contact Information Contact the City Clerk at vbloom(a)lake-elsinore.org or (951) 674-3124 ext. 262 should you have any questions. The City Clerk's office hours are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. Thank you. Virginia J. Bloom City Clerk 951.674.3124 130 S. MAINS -RFET LAKE ELSINORE, CA 92530 WWW. LAKE-E LS I NORE.ORG Page 8 of 11 CITY OF LS NO DREAM EXTREME CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE. CA 92530 951-674-3124 ExT.269 APPLICATION & STATEMENT OF QUALIFICATIONS CITY OF LAKE ELSINORE FOR CONSIDERATION OF APPOINTMENT TO THE CITY COUNCIL (DEADLINE: 12:00 NOON MONDAY, AUGUST 15, 2011) The City of Lake Elsinore City Council consists of five members who (1) shall be at least 18 years of age; (2) shall be a resident living within the boundaries of the City of Lake Elsinore (unincorporated areas are not within the city limits and do not meet the residency requirement), and (3) registered to vote in the City of Lake Elsinore. Amy Bhutta, elected Council Member for the City of Lake Elsinore, resigned her post on July 26, 2011. Her term of office is set to expire in December of 2012 causing a vacancy on the City Council. Pursuant to City Council Policy No. 200-11, the City Council of the City of Lake Elsinore, California, will be accepting applications for consideration of appointment to the City Council for the remaining portion of the vacant term of office, approximately 17 months, i.e. August 2011 through December 2012. Said office will be up for election at the November 6, 2012 General Municipal Election. PLEASE TYPE OR COMPLETE IN INK .d ~b.. v~.rmu;.e.a~: m.A _s ca ux:a»~sx. ~~s~~ r~r ~ '"c~ : LAST NAME FIRST NAME d-.~r F -c:; v.'- •aa' MI HOME ADDRESS CITY, STATE, ZIP HOME PHONE WORK PHONE EMAIL LENGTH OF RESIDENCY IN LAKE ELSINORE ARE YOU A REGISTERED VOTER: YES ❑ NO ❑ ARE YOU OVER 18 YEARS OF AGE: EMPLOYER TITLE/POSITION ADDRESS YES E] FROM NO[ TO Page 9 of 11 '4~"17~ CHECK ONE: HIGH SCHOOL GRADUATE E]; OR GED ❑ LOCATION: COLLEGE/UNIVERSITY MAJOR DEGREE/DATE OTHER EDUCATION/TRAINING NAME ADDRESS PHONE WN, AN` WIN- I E S CE . G p { . Page 10 of 11 The Political Reform Act of 1974, as amended, requires that every City Council Member, appointed or elected, file a Statement of Economic Interests (Form 700). This form may be obtained online at www.fppc.ca.gov or in hard copy from the City Clerk. The completed form will be due to the City Clerk upon assuming office. CERTIFICATION AND RELEASE I have read and hereby certify that I meet the eligibility criteria for appointment. I understand that the information contained in this application will be made available to the general public upon request. I further understand that if appointed, I will be required to take the oath of office and to comply with all financial disclosure reporting requirements. SIGNATURE DATE RETURN COMPLETED APPLICATION TO: City of Lake Elsinore City Clerk's Office 130 S. Main Street Lake Elsinore, CA 92530 Applications must be received by 12:00 noon on Monday, August 15, 2011. Page 11 of 11