DATE: March 29, 2022
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
SUBJECT: COUNCIL MEMBER REQUEST TO CONSIDER APPOINTMENT OF
MICHAEL DANIELSON TO FILL THE UNEXPIRED TERM FOR CITY
COUNCIL DISTRICT 5 AND CALLING FOR A SPECIAL MUNICIPAL
ELECTION
Recommendation: Provide Direction
RESOLUTION NO. 7418 CALLING AND GIVING NOTICE OF AN ALL -
MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD IN CITY ELECTORAL DISTRICT 5 ON TUESDAY, AUGUST 30, 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. 7419 ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ALL -MAIL BALLOT SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2022 Recommendation: Adopt
RESOLUTION NO. 7420 REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO RENDER FULL SERVICES TO
THE CITY RELATING TO THE CONDUCT OF AN ALL -MAIL BALLOT
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2022, TO FILL A VACANCY ON THE CITY COUNCIL.
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.
Appointment Of Michael Danielson for City Council District 5 and Calling for A Special Municipal Election
March 29, 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. At that meeting, which concluded on December 13, 2021, a consensus of the City Council was not reached on a candi date to fill the vacancy nor was consensus reached on calling for a Special Election. This City Council also discussed the vacancy and calling for a Special Election at the February 7, 2022, Adjourned City Council Meeting; however, after several failed motions on an appointment and calling for a Special Election, consensus was not reached, and no action was taken.
The City Charter requires that either the Mayor or three Council Members need to request in writing to call a Special Meeting. On March 25, 2022, the City Manager received three affirmative requests to call for a Special Meeting as soon as possible to consider the appointment of Michael Danielson and calling for a Special Election. I t is recommended that the City Council provide direction on filling the vacancy for City Council District 5 and calling for a Special Election.
BACKGROUND
Article IV, Section 403 of the Arcadia City Charter prescribes the manner in which 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. 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.
At the December 9, 2021, Special Meeting, the City Council interviewed 11 prospective City Council candidates to fill the unexpired term in City Council District 5. After several rounds of deliberation 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 to adopt resolutions relating to an All -Mail Ballot Special Municipal Election to be held on Tuesday, April 12, 2022, failed on a 2-2 vote.
At the February 7, 2022, Adjourned Regular Meeting, the City Council considered making an appointment and calling for a Special Election. After several rounds of deliberation on prospective candidates, the City Council was unable to reach a three-vote consensus on Appointment Of Michael Danielson for City Council District 5 and Calling for A Special Municipal Election
March 29, 2022
an appointment. Similarly, the motion to adopt resolutions relating to a Special Municipal Election to be held on Tuesday, June 7, 2022, failed on a 2-2 vote.
DISCUSSION
Michael Danielson is a registered voter who lives in District 5, meaning he meets the criteria for appointment. It is understood that Mr. Danielson is retired music teacher who worked in the Arcadia Unified School District for over 30 years.
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 and June 7 dates are no longer possible. The City Attorney has advised that the under a special rule in Elections Code Sections 1500(b) and 4004, the City Council can call an All-Mail Ballot Special Municipal Election to be held on Tuesday, August 30, 2022.
The City Clerk’s Office has not yet verified the cost of an August 30, 2022, All-Mail Ballot Special Election with the County; however, due to the special date it is highly likely that the cost of the election will equal or exceed the original estimate for the April 12 election of $150,000. Further, because the County has 30 days to certif y the election, it is anticipated that the successful candidate would not be seated until the first meeting in October at the earliest . The n ext election date under Elections Code 1000(c) is the Tuesday, November 8, 2022. If it is the City Council’s desire to call for a Special Election in August, the attached resolutions will make that possible.
FISCAL IMPACT
There is no impact to the General Fund by making an appointment. The cost for a Special Election is unknown at this time, but is likely to be upwards of $150,000 for an All -Mail Ballot election held on August 30, 2022.
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.
RECOMMENDATION
It is recommended that the City Council provide direction on filling the vacancy in Council District 5 and calling for a Special Election. If the City Council wishes to call for a Special Municipal Election, then it should take the following actions:
Appointment Of Michael Danielson for City Council District 5 and Calling for A Special Municipal Election
March 29, 2022
1. Determine that this action is not a project and is, therefore, exempt under the California Environmental Quality Act (“CEQA”).
2. Adopt Resolution No. 7418 calling and giving notice of an All -Mail Ballot Special Municipal Election to be held in City Electoral District 5 on Tuesday, August 30, 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. Adopt Resolution No. 7419 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an All -Mail Ballot Special Municipal Election to be held on Tuesday, August 30, 2022.
4. Adopt Resolution No. 7420 requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to the conduct of an All-Mail Ballot Special Municipal Election to be held on Tuesday, August 30, 2022, to fill a vacancy on the City Council.
Attachment No. 1: Resolution No. 7418
Attachment No. 2: Resolution No. 7419
Attachment No. 3: Resolution No. 7420