SPECIAL MEETING AGENDA
OF THE CITY OF DEL REY OAKS CITY COUNCIL
THURSDAY, JANUARY 5, 2023, AT 6:00 P.M.
Del Rey Oaks City Hall is inviting you to an IN PERSON MEETING AT CITY HALL
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1. ROLL CALL – Council
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS: General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Agenda. Anyone wishing to address the City Council on matters not appearing on the Agenda may do so now. The public may comment on any other matter listed on the Agenda at the time the matter is being considered. There will be a time limit of not more than three minutes for each speaker. No action will be taken on matters brought up under this item and all comments will be referred to staff.
4. NEW BUSINESS: Receive a Report and Provide Direction to Staff on the Process for Filling the City Council Vacancy
5. NEXT MEETING DATE: Tuesday, January 24, 2023, at 6:00pm
6. ADJOURNMENT
Information distributed to the Council at the meeting becomes part of the public record. A copy of written material, pictures, etc. must be provided to the secretary for this purpose. All enclosures and materials regarding these agenda items are available for public review at the Del Rey Oaks City Hall, 650 Canyon Del Rey Road, Del Rey Oaks.
DATE:
TO:
FROM:
SUBJECT:
CEQA:
January 5, 2023
Honorable Mayor and City Council
John Guertin, City Manager
Receive a Report and Provide Direction to Staff on the Process for Filling the City Council Vacancy
Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061.
Recommendation
That the City Council receive a report and provide direction to staff on its preferred method of filling the City Council vacancy.
Background
In the November 2022 Election, Councilmember Donaldson ran for Mayor from a protected council seat. On December 13, 2022, Mr. Donaldson was sworn in as Mayor creating a vacancy on the City Council.
When a vacancy occurs on the City Council, the Council has two options and 60 days to decide how to act. The Council may either appoint a successor or call a special election to fill the vacant seat.
February 10, 2023, is the last day for the Council to act to appoint or call a special election.
How long the appointed successor holds office depends on when the vacancy arose. If the vacancy arises during the first half of a Council term and at least 130 days before the next regular election, then the appointed successor holds office only until the next regular election. Then, at the same time as the next regular election, a special election must be held for the remainder of the original term.
If, as in this case, the vacancy arises during the second half of the term or in the first half but less than 130 days before the next regular election, then the appointed successor holds office for the remainder of the original term.
The term that was vacated by Councilmember Donaldson will end when the City installs elected officials upon the certification of the November 2024 election unless terminated sooner by the City Council.
Discussion
California Government Code § 36512 sets the requirements for filling a City Council vacancy. If a vacancy occurs on the City Council, as noted above, the Council has two options and 60 days to decide how to act.
Option One: The Council may within 60 days from the commencement of the vacancy call a special election to fill the vacant seat. The election must be held at the next regularly established election date at least 114 days after calling the election.
Election dates are established by California Elections Code § 1000. If the Council were to call a special election it would be held on the next regularly established election date of November 7, 2023.
Option Two: The Council may within 60 days from the commencement of the vacancy appoint a successor to fill the vacant seat. If the Council chooses to seek an appointment, the process is up to the Council, and can begin with a call for applications for the Council to begin the appointment process, similar to the process of appointing members to City boards, commissions, and committees.
If an application process is used, common requirements used by other cities include requiring the application only, or requiring additional materials such as written statements, letters of recommendation, and/or nomination papers to be issued by the City Clerk and signed by a sufficient number of residents (similar to the election process).
The City’s past practice for appointing members to fill vacancies on the City Council has been to follow a process similar to appointing members to boards, commissions, and committees. The process for recent appointments included holding a public meeting in which the Council received the applications; applicants were given 3 (three) minutes for personal statements; Council then asked questions and/or made comments; a public comment period was held; and the Council voted on an appointment.
Staff requests Council direction on the desired appointment process or calling of a special election.
Fiscal Impacts
There is no fiscal impact that results from filling Council vacancies by appointment.
Respectfully submitted,
John Guertin
City Manager