DATE: February 1, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING FILLING THE UNEXPIRED TERM FOR CITY COUNCIL D ISTRICT 5 , INCLUDING
RESOLUTIONS NECESSARY TO CALL A SPECIAL MUNICIPAL
ELECTION
Recommendation: Provide Direction
RESOLUTION NO. 7408 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN CITY ELECTORAL DISTRICT 5 ON TUESDAY, JUNE 7, 2022, TO FILL A VACANCY ON THE CITY
COUNCIL AS REQUIRED BY THE PROVISIONS OF THE CITY
CHARTER AND THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO CHARTER CITIES
Recommendation: Adopt
RESOLUTION NO. 7409 ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022
Recommendation: Adopt
RESOLUTION NO. 7410 REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH
THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME
DATE PU RSUANT TO SECTION 10403 OF THE CALIFORNIA
ELECTIONS CODE
Recommendation: Adopt
Report, Discussion, and Direction regarding City Council District 5 Vacancy February 1, 2022
RESOLUTION NO. 7411 AMENDING THE FISCAL YEAR 2021 -22
GENERAL FUND BUDGET AUTHORIZING A SUPPLEMENTAL
APPROPRIATION FROM THE GENERAL FUND RESERVE IN THE
AMOUNT OF $20,000 FOR AN ALL- ALL MAIL -BALLOT SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, AND
RELATED ELECTION SERVICES
Recommendation: Adopt
SUMMARY
A vacancy exists in City Council District 5 because of the passing of Council Member Chandler. The City Charter indicates that the City Council can appoint someone to fill the unexpired term or call for a Special Municipal Election.
At its December 9, 2021, Special Meeting, the City Council interviewed 11 prospective City Council candidates to fill the unexpired term in City Council District 5. At that meeting, which concluded on December 13, 2021, a consensus of the City Council was not reached on a candidate to fill the vacancy nor was consensus reached on calling for an election.
The City Council has indicated that they would like to revisit this discussion. Should the City Council wish to call for a Special Municipal Election , the necessary resolutions and supporting documents have been attached to this report for consideration.
It is recommended that the City Council provide direction on filling the vacancy for Council District 5.
BACKGROUND
Article IV, Section 403 of the Arcadia City Charter prescribes the manner in whic h City Council vacancies are to be filled. The Charter states that the City Council has 30 days to fill a vacancy by appointment to the City Council. In order to be eligible for appointment to the City Council, an applicant must be an Arcadia resident currently residing in District 5 and a registered voter. The Charter requires that at least three of the remaining City Council Members agree on the appointee.
At the November 30, 2021, Special Meeting, the City Council directed the City Manager to solicit applications for appointment to fill the unexpired term in District 5. On December 1, 2021, the City announced that it was seeking applications to fill the vacancy, with applications due to the City Clerk’s Office by 7:30 a.m. on Monday, December 6, 2021.
The City received 14 applications in total; however, only 11 applications were referred to the City Council as meeting the application and eligibility requirements.
Report, Discussion, and Direction regarding City Council District 5 Vacancy February 1, 2022
At its December 9, 2021, Special Meeting, the City Council interviewed 11 prospective City Council candidates to fill the unexpired term in City Council District 5. During the interview process, one candidate did not show, one candidate was determined to l ive outside District 5, and another candidate withdrew his nomination. After several rounds of deliberation on the remaining qualified candidates over several days of discussions , which concluded on December 13, the City Council was unable to reach a three vote consensus on an appointment.
Likewise, a motion was made by Mayor Tay and seconded by Mayor Pro Tem Cheng to adopt resolutions relating to an All -Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022. The motion failed on a 2-2 vote.
DISCUSSION
Government Code Section 36512 states the election should occur on the earliest practical date but not less than 114 days prior to calling for the election. Therefore, the April 12 date is no longer possible. The next possible election date under Elections Code 1000(c) is the Tuesday, June 7, 2022, statewide primary.
Staff has been in contact with the County of Los Angeles Registrar/Recorder’s Office regarding the vacancy and the potential need for a special election. The County estimates that the cost to provide elections administration services is on June 7 would be $15,000, which is significantly less than the approximately $150,000 it would have cost in April .
This is because the June statewide primary costs would be shared by far more cities than a smaller election held in April. The City Clerk’s Office usually retains the services of an elections consultant to assist with the preparation of elections materials as well as to provide guidance on elections related issues. If the City Council wishes to call for a Special Municipal Election, Resolution No. 7411 amending the Fiscal Year 2021 -22 budget to provide a total of $20,000 in additional funds for elections activities would be necessary.
FISCAL IMPACT
It is estimated that a Special Municipal Election in District 5 will cost a total of approximately $20,000.
ENVIRONMENTAL ANALYSIS
The proposed actions do not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that they will have no impact on the environment. Thus, these matters are exempt under CEQA.
Report, Discussion, and Direction regarding City Council District 5 Vacancy February 1, 2022
RECOMMENDATION
It
is recommended that the City Council provide direction on filling the vacancy in Council District 5. If the City Council wishes to call for a Special Municipal Election, then it should take the following actions:
1. Det
ermine that this action is not a project and is, therefore, exempt under the California Environmental Quality Act (“CEQA”).
2. A
dopt Resolution No. 7408 calling and giving notice of a Special Municipal Election to be held in City Electoral District 5 on Tuesday, June 7, 2022, to fill a vacancy on the City Council as required by the provisions of the City Charter and the laws of the State of California relating to Charter cities.
3. A
dopt Resolution No. 7409 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at a Special Municipal Election to be held on Tuesday, June 7, 2022.
4. A
dopt Resolution No. 7410 requesting the Board of Supervisors of the County of Los Angeles to consolidate a S pecial Municipal Election to be held on Tuesday, June 7, 2022, with the Statewide Primary Election to be held on the same date pursuant to Section 10403 of the California Elections Code.
5. A
dopt Resolution No. 7411 amending the F iscal Year 2021-22 General Fund Budget authorizing a supplemental appropriation from the G eneral Fund Reserve in the amount of $20,000 for a S pecial Municipal Election to be held on Tuesday, June 7, 2022, and related election services.
Attachment No. 1: Resolution No. 7408
Attachment No. 2: Resolution No. 7409
Attachment No. 3: Resolution No. 7410
Attachment No. 4: Resolution No. 7411