Agenda Item No. 12
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: March 27, 2023 FROM: Matthew Bronson, City Manager
PREPARED BY: David P. Hale, City Attorney
SUBJECT: Procedure to Fill Vacant Council Seat and Mayor Pro Tem Appointment
RECOMMENDATION
Provide policy direction for filling the Council seat vacated by Council Member Anna Miller and receive the Mayor’s appointment for the role of Mayor Pro Tem.
BACKGROUND
On March 13, 2023, Council Member Anna Miller resigned from the Council effective immediately given her relocation from the city. Her Council seat subsequent became vacant and the Council will need to consider options for filling that seat. Those requirements are defined within Government Code Section 36512 and this staff report is intended to outline these options for the Council's consideration.
Section 36512 (b) states that if a vacancy occurs in an elective office, the Council shall within 60 days from the commencement of the vacancy either call a special election to fill the vacancy or fill the vacancy by appointment. If the Council should choose to hold a special election, the special election is required to be held at the next regularly established election date not less than 114 days from the call of the special election. If a regularly established election date is not within 114 days from the call of the special election, the Council may hold a special election at any time. The person elected to fill a vacancy holds the office for the unexpired term of the former incumbent.
If the Council fills the vacancy by appointment, the person appointed to fill the vacancy shall serve out the unexpired term of Mayor Pro Tem Miller’s seat, until December 2024, pursuant to Section 36512(b)(2)(B). In addition to the Council's ability to appoint or to hold an election for the vacancy, Government Code Section 36512 (c) allows the Council to adopt an ordinance that would allow any of the following:
(a) Require a special election be called immediately to fill the vacancy. The election would be held on the next regularly established election date not less than 114 days from the call for an election.
(b) Require a special election when petitions bearing a specified number of verified signatures are filed. Again, the election would take place at the next regularly established election date not less than 114 days from the call for an election. (c) Enable the person appointed to fill the vacancy until the date of a special election.
Again, the election would take place at the next regularly established election date not less than 114 days from the call for an election.
Historically, the Council has appointed the successor to a vacated Council seat including most recently the January 23, 2023 appointment of Clint Weirick to the Council seat vacated by Council Staff Report: Procedure for Filling Vacant Council Seat and Mayor Pro Tem Appointment Page 2 March 27, 2023
Member Bright upon being sworn in as Mayor on December 12, 2022. There are no statutory requirements that define a specific process for how the Council may decide to appoint the successor as this is a policy decision of the Council. The Council has carried this out previously in one of the following ways with the year listed:
• Nominating individuals by each Council Member and voting for the appointment (2007, 2008)
• Receiving letters of interest from the public and interviewing each applicant in open session before voting for the appointment (2013, January 2019, March 2021, and January 2023)
• Selecting an individual for appointment from a previous list of applicants (March 2019) Other potential options include selecting the individual who received the next highest number of votes below the candidates most recently elected to the Council or making a direct appointment of a specific individual. Following Council's direction, staff will prepare the necessary procedures for filing this vacant seat. If Council wishes to appoint a successor to the vacant seat, the Council will need to make this appointment no later than 60 days from the commencement of the vacancy pursuant to Government Code Section 36512 (b) or call a special election. This appointment deadline is May 12, 2023 following the commencement of the vacancy on March 13, 2023.
Furthermore, while Council Member Miller’s seat is an at-large seat elected in November 2020, the Council has previously provided direction to seek to fill vacant at-large Council seats with an individual from within the district of the vacancy (Attachment 2 shows a map of Council districts).
Council Member Miller lived in District 3 and thus based on previous direction and use of this process for filling Council Member Bright’s vacant seat, staff will proceed to seek applications from individuals residing within District 3 unless the Council provided alternative direction.
Lastly, since Council Member Miller was serving this year as Mayor Pro Team, her resignation also created a vacancy related to the Mayor Pro Tem role. Among the duties and responsibilities that are encompassed in the position of directly elected Mayor, and consistent with adopted City Council Resolution No. 08-18, is the power of appointment of a Mayor Pro Tem for a one-year term. In the event that the Mayor Pro Tem does not complete the full term of the office, the Mayor is granted authority to appoint a new Mayor Pro Tem to fill the vacant office. The Mayor is therefore requested to make an appointment of a replacement for former Council Member Anna Miller which would be for the remaining Mayor Pro Tem term through December 2023.
FISCAL IMPACT
There is no fiscal impact related to this item.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Receive information about options for filling the Council seat vacated by former Mayor Pro Tem Anna Miller and provide policy direction to fill the vacant seat and receive the Mayor’s appointment for the role of Mayor Pro Tem; or
2. Provide staff with additional direction.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: Procedure for Filling Vacant Council Seat and Mayor Pro Tem Appointment Page 3 March 27, 2023
Attachments
1. Resolution No. 08-18
2. District Map
r' r'
RESOLUTION NO. 08-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA, AMENDING THE METHOD OF IMPLEMENTING THE SYSTEM FOR SELECTION OF MAYOR PRO TEM AND REPEALING RESOLUTION NO. 01-77 WHEREAS, Resolution No. 01-77 established a system for rotation of Mayor and Mayor Pro Tem; and
WHEREAS, the voters of the City of Grover Beach have chosen to have the Mayor elected for a two-year term; and
WHEREAS, the method by which Mayor Pro Tem and the Mayor were selected as memorialized in Resolution No. 01-77 is no longer valid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grover Beach that Resolution No. 01-77 is hereby repealed.
BE IT FURTHER RESOLVED by the City Council of the City of Grover Beach that the system for the selection of the position of Mayor Pro Tem be as follows:
1. The term for Mayor Pro Tem shall be one (1) year, commencing at the first meeting in December of each year or on the date of the seating of a new Council in an election year.
2. The Mayor Pro Tem shall be selected by the Mayor.
3. In the event the Mayor does not complete the full term of office, the vacant office shall be filled by the Mayor Pro Tem for the balance of the remaining term.
4. In the event the Mayor Pro Tem does not complete the full term of office, the vacant office shall be filled by the same method set forth above to fill the balance of the remaining term.
On motion by Mayor Pro Tem Nicolls, seconded by Council Member Bright, and carried on the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council. Members Ashton, Bright, Lieberman, Mayor Pro Nicolls, and Mayor Shoals.
Council Members - None.
Council Members - None.
Council Members - None.
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a regular meeting by the City Council of the City of Grover Beach, California this 19th day of February, 2008.
Attest: .
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DONNA L. McMAHON
CITY CLERK "
Attachment 1
3 2
4 1
Pismo State
Beach
Pismo State
Beach Golf
Course
Mentone Basin
Park
16th Street Park
Grover Heights
Park
Costa Bella Park
Ramona Garden
Park
Cabril
o
Hwy
Margarita Ave
HHuston St
u
b
er St S 4th St
N 4th St
El Cam Real
Grand Ave
Front St
Oak Park Blvd
16th
St
Anita Ave
Newport Ave
N
1st
St
N 2nd St
Ocean View Ave
13th
St Ramona Ave
Beckett Pl
Highland Way
N
8th St
Nacimiento Ave
N
5th St
N
3rd
St
Baden Ave
Mira
Mar
Ct
Laguna Ct
Park Ln
S
an
S
or e
nto
Ct S
O
a
k
P
ark
Blvd
The Pike
N 13th
St
Park View Ave
S
1 6th
St
T
a
n
n
er Ln
Messina
Ct
B
arc
a
St
Mentone Ave Lyn
e
St
Calvin Ct
P
ark Dr
S
3rd
St Saratoga Ave S 5th St
Ritchie Rd
C
o
urtlan
d
St
Atlantic City Ave
N
6th
St Longbranch Ave
Rockaway Ave
N
7th
St S 10th
St N
9th
St S 14th
St Brighton Ave
B
alb
o
a
St Seabright Ave
N 10th
St S 11th
St Nice Ave
Trouville Ave
C
a
pitola
St Shanna Pl
Saint John Cir
Farroll AveDriftwood St
Stinso
n
Ct D
ove
r
Ct
S 6th
St Manhattan Ave S 8th St
S
7th
St S
9th
St Total Population Deviation: 9.5%
Most Latino District: 3 (30% CVAP)
City of Grover Beach
2021/22 Transition to
District Elections
National Demographics Corp., Jan. 14, 2022
Proposed Election Sequence:
2022: Districts 1 & 2
2024: Districts 3 & 4
Plan 901
©2021 CALIPER
Attachment 2
Category Field 1 2 3 4 Total
Total Population 3,271 3,348 3,075 3,045 12,739
Population Deviation 86 163 -110 -140 303
Pct. Deviation 2.70% 5.12% -3.45% -4.40% 9.51%
Hispanic/Latino 26% 28% 40% 31% 31%
NH White 62% 60% 48% 57% 57%
NH Black 1% 2% 2% 1% 1%
NH Asian/Pac.Isl. 6% 7% 7% 7% 7%
NH Native Amer. 2% 2% 2% 2% 2%
Total 2,233 3,028 2,398 2,301 9,960
Hisp 17% 17% 30% 18% 21%
NH White 73% 74% 55% 78% 70%
NH Black 3% 4% 1% 0% 2%
Asian/Pac.Isl. 7% 5% 13% 4% 7%
Native Amer. 0% 2% 2% 2% 1%
Total 2,203 2,215 1,758 1,998 8,174
Latino est. 18% 16% 25% 22% 20%
Spanish-Surnamed 17% 15% 23% 21% 19%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,829 1,867 1,420 1,694 6,810
Latino est. 15% 15% 22% 20% 18%
Spanish-Surnamed 15% 15% 21% 19% 17%
Asian-Surnamed 2% 2% 3% 2% 2%
Filipino-Surnamed 2% 2% 2% 2% 2%
NH White est. 79% 77% 71% 77% 76%
NH Black 2% 4% 2% 0% 2%
Total 1,312 1,328 940 1,187 4,767
Latino est. 11% 13% 18% 17% 15%
Spanish-Surnamed 11% 13% 18% 17% 14%
Asian-Surnamed 2% 2% 2% 1% 2%
Filipino-Surnamed 1% 1% 2% 2% 2%
NH White est. 83% 78% 75% 79% 79%
NH Black est. 1% 4% 1% 0% 2%
age0-19 18% 22% 33% 21% 24%
age20-60 53% 57% 52% 51% 53%
age60plus 29% 21% 15% 28% 22%
immigrants 14% 8% 7% 8% 9%
naturalized 59% 50% 53% 48% 53%
english 92% 86% 63% 84% 80%
spanish 5% 9% 29% 14% 15%
asian-lang 2% 1% 7% 2% 3%
other lang 1% 4% 0% 0% 1%
Language Fluency Speaks Eng. "Less than
Very Well" 3% 1% 16% 5% 7%
hs-grad 52% 51% 58% 47% 52%
bachelor 19% 21% 18% 26% 21%
graduatedegree 12% 13% 8% 10% 11%
Child in Household child-under18 20% 25% 42% 27% 29%
Pct of Pop. Age 16+ employed 62% 72% 60% 68% 66%
income 0-25k 12% 14% 13% 18% 14%
income 25-50k 19% 15% 25% 24% 20%
income 50-75k 21% 20% 30% 14% 21%
income 75-200k 46% 42% 31% 31% 37%
income 200k-plus 2% 8% 2% 13% 6%
single family 82% 66% 67% 73% 72%
multi-family 18% 34% 33% 27% 28%
rented 36% 54% 59% 43% 49%
owned 64% 46% 41% 57% 51%
Household Income
Education (among those
age 25+)
Immigration
Age
Language spoken at
home
City of Grover Beach - Plan 901
2020 Census
Total Pop.
Citizen Voting Age Pop
Housing Stats
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by NDC using Census Bureau's Latino undercount by surname estimate).
Voter Turnout
(Nov 2018)