AGENDA
SPECIAL MEETING OF THE
CITY OF KING CITY COUNCIL
WEDNESDAY, MARCH 22, 2023
6:00 P.M.
CITY HALL
212 S. VANDERHURST AVENUE
KING CITY, CALIFORNIA 93930
The Mayor is calling a Special City Council meeting that will be conducted in hybrid inperson/virtual format.
To join the meeting virtually, please use the link below to join the Zoom meeting:
https://bit.ly/3e0zvaR
Meeting ID: 881 5287 9536
Or by telephone: 1-669-900-9128
Passcode: 052933
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting, Please contact the City Clerk's Office (831-386-5925) at least 48 hours prior to the Meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting. * Please submit all correspondence for City Council PRIOR to the meeting with a copy to the City Clerk.
1. CALL TO ORDER
2. ROLL CALL: Council Members Robert Cullen, Carlos DeLeon, Mayor Pro Tem Carlos Victoria, and Mayor Mike LeBarre
3. FLAG SALUTE
4. PUBLIC COMMENT
Any member of the public may address the Council for a period not to exceed three minutes’ total on any item of interest within the jurisdiction of this Council that is not on the agenda. The Council will listen to all communications; however, in compliance with the Brown Act, the Council cannot act on items not on the agenda. Comments should be directed to the Council as a whole and not to any individual Council Member. Slanderous, profane or personal remarks against any Council Member, staff member or member of the audience is not permitted.
5. REGULAR BUSINESS
A. Consideration: Appointment to Councilmember Vacancy in District 1 Recommendation: 1) provide each applicant an opportunity to make a statement of up to a maximum of 5 minutes each followed by Council questions; 2) provide an opportunity for public comment; 3) following Council discussion, rank the candidates on the attached form, which will be tallied and the results announced by the City Clerk; and 4) adopt a Resolution appointing of one of the applicants to fill the Council seat in District 1.
6. ADJOURNMENT
The City of King is an equal opportunity provider and employer.
Item No. 5(A)
REPORT TO THE CITY COUNCIL
DATE: MARCH 22, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER
RE: CONSIDERATION OF APPOINTMENT TO COUNCILMEMBER
VACANCY IN DISTRICT 1
RECOMMENDATION:
It is recommended the City Council: 1) provide each applicant an opportunity to make a statement of up to a maximum of 5 minutes each followed by Council questions; 2) provide an opportunity for public comment; 3) following Council discussion, rank the candidates on the attached form, which will be tallied and the results announced by the City Clerk; and 4) adopt a Resolution appointing of one of the applicants to fill the Council seat in District 1.
BACKGROUND:
Former Council Member Acosta’s resignation from the City Council became effective on February 14, 2023, which created a vacancy for the City Council District 1 seat. Under State law, the City Council must either call a special election or fill the vacancy by appointment before Saturday, April 15, 2023, (which is within 60 days of the vacancy).
The successor councilmember may serve until the expiration of Councilmember Acosta’s term, which is December 2026. The person appointed or elected must be a resident of District 1, a registered voter, and a United States citizen 18 years of age or older. To meet this timeline, staff is presenting alternatives and requesting City Council to provide direction on how to proceed.
At the February 14, 2023 meeting, the City Council voted to fill the vacancy through appointment. Announcements of the vacancy and appointment process were posted in the agenda locations, twice in the Rustler, Facebook, and the City’s website. In addition, a mailer was distributed to every household with a registered voter in District 1. The deadline for applications was 5:00 p.m. on March 14th.
CITY COUNCIL
CONSIDERATION OF APPOINTMENT TO COUNCILMEMBER VACANCY IN DISTRICT 1
MARCH 22, 2023
PAGE 2 OF 3
DISCUSSION
Three applications were received, which are attached. The applicants are as follows, who have all be notified to attend the March 22nd meeting and confirmed:
• Michael Oliveira
• Erica Gonzales
• Oscar Avalos
The City Clerk has confirmed that all three applicants are registered voters in District 1.
The selected appointee will be sworn in at the March 28th meeting.
The City Council is required to make the appointment by a unanimous vote. If the City Council is unable to unanimously agree on an appointment by April 15th, the appointment responsibility would then be transferred to the Monterey County Board of Supervisors.
To assist the Council, a form is included for each Council Member to rank the applicants.
Each top ranking will result in 3 points, second will be 2 points and third will receive 1 point. Council Members are requested to submit the ranking sheets to the City Clerk following statements and discussion, who will tally and announce the results.
It is the City Council’s discretion whether to use the ranking scores as a basis for voting for the appointment. A template Resolution is provided for City Council consideration with the selected applicant left blank. It is recommended a motion be made to adopt the Resolution with the selected applicant added to the blank spaces.
COST ANALYSIS:
There is no cost impact from the appointment. The estimated cost of a special election would be somewhere between $12,000 to $21,000.
ENVIRONMENTAL REVIEW:
This action is not a “project” for the purposes of the California Environmental Quality Act (CEQA) as it does not have the potential for resulting in either a direct physical change to the environment or a reasonably foreseeable indirect physical change in the environment.
No further action is required under CEQA for City Council action.
ALTERNATIVES:
1. Adopt a Resolution approving the appointment of one of the three applicants;
2. Delay the appointment decision to the next meeting to allow additional time to consider the applications;
01222.0001/867019.1
RESOLUTION NO. 2023-4933
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KING APPOINTING AN
INDIVIDUAL TO FILL THE VACANT CITY COUNCIL SEAT OF FORMER
COUNCILMEMBER DARLENE ACOSTA IN DISTRICT ONE
WHEREAS, Councilmember Darlene Acosta previously resigned from her position as a City Councilmember for the City of King resulting in a vacancy for her position as councilmember of District One; and
WHEREAS, under Elections Code 36512 the City Council must fill a vacancy on the City Council within sixty (60) days from the commencement of the vacancy by election or by appointment; and
WHEREAS, the City Council has determined that it is in the best interest of the City to fill the vacancy by appointment.
NOW, THEREFORE, the City Council of the City of King hereby resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by reference.
SECTION 2. The City Council for the City of King approved an appointment process and sought applications from eligible members of District One to fill the vacancy left after former Councilmember Darlene Acosta resigned. Upon engaging in the application process which included receiving applications, holding a public meeting to consider the applications and receive comment from the applicants and public, the City Council for the City of King hereby appoints _____________ to fill the vacant District One council seat of former Councilmember Darlene Acosta.
SECTION 3. California Environmental Quality Act (CEQA) Finding.
This resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), Review for Exemption, because it can be seen with certainty that the project will not have a significant effect on the environment; therefore, the project is not subject to CEQA.
SECTION 4. Effective Date.
This resolution shall take effect upon adoption.
This resolution was passed and adopted this __ day of March 2023 by the following vote:
Exhibit 1
01222.0001/867019.1
AYES, Council Members:
NAYS, Council Members:
ABSENT, Council Members:
ABSTAIN, Council Members:
APPROVED:
______________________________
Mike LeBarre, Mayor
ATTEST:
__________________________________
Erica Sonne, City Clerk
APPROVED AS TO FORM:
___________________________________
Roy C. Santos, City Attorney
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
CITY COUNCIL DISTRICT 1 VACANCY
RANKING SHEET
Council Member____________________________
Applicant Ranking
(Enter 1, 2 or 3)
Michael Oliveira
Erica Gonzales
Oscar Avalos