SPECIAL CITY COUNCIL
AGENDA
26 CORTE MADERA AVENUE, MILL VALLEY1
THURSDAY, MARCH 24, 2022
1:00 PM
John McCauley, Mayor
Jim Wickham, Vice Mayor
Urban Carmel
Sashi McEntee
Stephen Burke
NOTE: The health and safety of community members, public officials, and employees is the top priority for the City of Mill Valley. Due to the declared State of Emergency and pursuant to AB 361, the City of Mill Valley’s City Council will be holding this Special City Council meeting via teleconference only. Members of the public are encouraged to participate remotely from a safe location as described below.
1 Webcasting and broadcasting on the City’s website and local cable channels will not be available during the Special Meeting. A recording of this meeting will be made available to the public after the meeting has been adjourned. To watch and/or participate in the meeting, please see the Zoom instructions above.
HOW TO PARTICIPATE REMOTELY
How to watch/participate in the special meeting:
• Zoom: Please CLICK HERE to register, watch, and/or participate in the meeting via Zoom.
How to provide comments:
• Before the meeting: email your comments to [email protected] no later than 12:00 P.M. Thursday, March 24, 2022 and they will be forwarded to the City Council and included in the public record. Be sure to include the agenda item number you are addressing, as well as your full name and address.
• During the meeting (only):
o Use the “Raise Hand” feature in Zoom or press *9 if you are calling in. The City Clerk will select you from the meeting queue when it is your turn to address the Council. o Use the eComment Program www.cityofmillvalley.org/eComment and your submission will be read verbatim into the record (eComments limited to 2 minutes of reading aloud).
The City of Mill Valley does not discriminate against any individual with a disability. Upon request, City publications will be made available in the appropriate format to persons with a disability. If you require assistance or accommodation to participate, please contact the City Clerk at 388-4033 (TTY 711) at least 24 hours prior to the meeting. The City will use its best efforts to make reasonable accommodations to provide as much accessibility as possible, while also maintaining public safety.
Special City Council Meeting Agenda, March 24, 2022
2 CALL TO ORDER
APPROVAL OF THE AGENDA ORDER
PUBLIC OPEN TIME: Persons wishing to address the City Council on subjects not on the agenda may do so at this time. The Council cannot discuss or take action during open time, but Councilmembers may briefly respond to statements made or questions proposed by the public, ask for clarification from staff, refer the matter to staff, request staff to report back to the Council at a subsequent meeting, or place a matter of business on a future agenda. The Council may establish a time frame to hear public comment during this agenda item and continue the remaining public comments to a later point in the agenda. When addressing the City Council, please: 1) State your name and address; 2) Address the Mayor; 3) State your views succinctly; 4) Avoid repetition; 5) Limit your comments to the specified time set by the Mayor. Please note:
The Mayor will allow time for public comment on each numbered agenda item.
Also please note that the City’s eComment Program makes it possible for internet users watching live City Council meeting webcasts to submit public comments in real-time to the Council. At the beginning of the meeting, and prior to Public Open Time, the Mayor will announce that internet users may submit an eComment and direct them to the form on the City website:
www.cityofmillvalley.org/eComment.
NEW BUSINESS
1. Consideration of Resolutions Appointing Two Council Nominees to Office Effective June 7, 2022 and Canceling the General Municipal Election (Four-Year Terms).
Recommended Action: Confirm appointments and adopt Resolution No. 22-___ and Resolution No. 22-___ canceling the General Municipal Election.
ADJOURNMENT – To the next Regular City Council meeting which will be held at City Hall in the City Council Chambers on Monday, April 4, 2022.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at City Hall, 26 Corte Madera Avenue during regular business hours. Such documents are also available on the City’s website at www.cityofmillvalley.org subject to staff’s ability to post the documents prior to the meeting.
The City of Mill Valley does not discriminate against any individual with a disability. Upon request, City publications will be made available in the appropriate format to persons with a disability. If you require assistance or auxiliary aids in order to participate in this meeting, please contact the City Clerk at 388-4033 (TTY 711) at least 24 hours prior to the meeting.
STAFF REPORT
TO: Mayor and City Council
FROM: Kelsey Rogers, City Clerk/Management Analyst III
SUBJECT: Consideration of Resolutions Appointing Two Council Nominees to the Two Offices to be Elected Effective June 7, 2022 and Canceling the General Municipal Election
DATE: March 24, 2022 .
1 Issue: Consideration of Resolutions Appointing Two Council Nominees to Offices Effective 2 June 7, 2022 and Canceling the General Municipal Election. 3 4 Recommendation: Confirm appointments and adopt Resolution No. 22-_ and Resolution No. 5 22-_ to cancel the General Municipal Election.
6 7 Background: The City of Mill Valley holds its General Municipal Election for City Council to 8 coincide with State Primary elections. Two City Council offices are to be elected, for full terms 9 in 2022.
10 11 The nomination period for this year's General Municipal Election was February 14 through 12 March 11, 2022. As of 5:00 p.m. on Friday, March 11, 2022, the deadline to turn in nomination 13 papers, an incumbent had yet to file (McCauley) so the extended nomination period was 14 triggered. California Elections Code Section 10229 provides that the nomination period may be 15 extended for five days if an incumbent fails to file the required paperwork. 16 17 At 5:00 p.m., on Wednesday, March 16, 2022, (the close of the extended Nomination period) 18 only Stephen Burke and Max Perrey had filed the required paperwork and obtained the necessary 19 number of community member signatures on their Nomination Papers for the two City Council 20 offices to be filled.
21 22 This year, in addition to the General Municipal Election on June 7, 2022, the Council also called 23 a Special Election to fill the remaining two-years of another City Council term as a result of a 1 ITEM 1
City Council Staff Report
Appointment to the Mill Valley City Council
March 24, 2022, Special City Council Meeting
24 vacancy in office. The Nomination Period for the Special Election closed on Friday, March 11, 25 2022. The extended filing period was not available for that race as there was not an elected 26 incumbent eligible to file for the opening. Staff agendized the potential cancellation of the 27 Special Election for the March 21, 2022 Regular City Council meeting. At the time this report 28 was drafted (regarding the 2 4-year terms), Council discussion and action on the Special Election 29 was yet to be determined.
30 31 Discussion: At 5:00 p.m. on Wednesday, March 16, 2022, the only individuals who had filed 32 their nomination paperwork for the two City Council offices to be elected at the General Election 33 were Stephen Burke and Max Perrey. No other interested parties acquired the required number of 34 community signatures (no less than 20, no more than 30) to become a candidate and get their 35 name on the ballot.
36 3 7 In instances such as this, California Election Code Section 10229 provides that if there are not 3 8 more candidates than offices to be elected at the end of the nomination period, the City Council 39 may take one of the following actions:
40 41 1. Appoint to the office the persons who have been nominated (and cancel the election). 42 2. Appoint to the office any eligible voter if no one has been nominated. 43 3. Hold the election if either no one or only one person has been nominated. 44 45 The City Clerk has presented to Council (Attachment No. 2) the required certification showing 46 that the facts exist to invoke Section 10229. Obviously, the option to appoint a voter if no one 4 7 has been nominated is not applicable here. Also, the required notice specifying the facts 48 concerning the nominations and the proposed appointments was properly published in the Marin 49 IJ on Friday, March 18, 2022 (Attachment No. 3).
50 51 Should the Council wish to appoint Council nominees Burke and Perrey and cancel the election, 52 the Council would need to adopt the draft resolutions (Attachment No. 1) at the March 24, 2022, 53 Special City Council meeting. If appointed, the candidates qualify, take office, and serve exactly 54 as if elected at a municipal election.
55 56 If no action is taken by the City Council by the 75th day before the election (March 24, 2022), 57 then the city would hold the election with the two candidates printed on the ballot. 58 59 If the election proceeds as scheduled, there will be an opportunity for write-in candidates. The 60 filing period for write-in candidates would be April 11 through May 24, 2022. During this 61 period, any person who desires to be a write-in candidate for a particular office must file a 62 Statement of Write-In Candidacy which shall contain the candidate's name, residence address, a 63 declaration stating that he or she is a write-in candidate, the title of the office for which he or she 64 is running, the date of the election and a nomination petition with the required number of 65 signatures. Names written on the ballot the day-of the election will not count unless the candidate 66 has completed these steps. In addition, candidate statements are not printed on the ballot for 67 write-in candidates.
68 69
2 City Council Staff Report
Appointment to the Mill Valley City Council
March 24, 2022, Special City Council Meeting
70 This is not the first time that the City has had no more candidates for City Council than the 71 number of open offices. Prior to the November 8, 2011 Mill Valley General Municipal election, 72 three incumbent candidates filed the required nomination documents for the election and no 73 other candidates submitted papers. The Council, at its August 24, 2011 special meeting, adopted 74 resolutions appointing Councilmember Garry Lion, Councilmember Ken Wachtel, and 75 Councilmember Stephanie Moulton-Peters to the Council and canceling the election. And at its 76 March 19, 2018 Regular City Council meeting, adopted resolutions appointing Councilmember 77 McCauley and Councilmember Jackson to the council, while cancelling the election. On March 78 21, 2022, the Council will be considering whether to cancel the Special June 7, 2022 election as 79 well. This election cycle is somewhat different, given the Special Election to fill a shorter term 80 vacancy and the General Election to fill two full term City Council seats. 81 82 Staff requests that the Collilcil consider the information in this report, discuss, and either adopt 83 the proposed resolutions or direct staff to hold the General Municipal June 7, 2022 election ( 4- 84 year terms).
85 86 Fiscal Impact: The City Clerk confirmed with the County Elections Department that cancelling 87 the General Municipal Election for the 2 four-year terms would save the City money. The quote 88 given to the City Clerk on March 11, 2022, was that a general municipal election costs the City 89 approximately (no more than) $3 dollars per registered voter. On March 11, 2022, the City of 90 Mill Valley had 10,721 registered voters. That means a general municipal election may cost the 91 City up to $32,163.
92 93 Attachments:
94 1. Draft Resolution No. 22- and No. 22-
95 2. Certificate of the City Clerk
96 3. Notice published in the Marin IJ on March 18, 2022 97 4. City Elections Calendar-June 7, 2022 Election
98 5. March 21, 2022 City Council Item No. 6 - Consideration of a Resolution Appointing a 99 Council Nominee to Office Effective JW1e 7, 2022 and Canceling the Special Municipal 100 Election (2-Year Term)
3 RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY
APPOINTING TO OFFICE THE PERSON NOMINATED TO BE ELECTED TO
FILL AV ACANCY IN THE OFFICE OF MEMBER OF THE CITY COUNCIL
THAT WAS TO BE ELCTED AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 2022 (4-YEAR TERM)
THE CITY COUNCIL OF THE CITY OF MILL VALLEY HEREBY FINDS AND RESOLVES AS FOLLOWS:
SECTION 1. At the close of the extended nomination period on Wednesday, March 16, 2022, there was only two candidates nominated for the office to be elected at the General Municipal Election to fill two vacancies for a four-year term on the Mill Valley City Council.
SECTION 2. Section 10229 of the Elections Code gives the City Council the authority to either appoint to the office the person who has been nominated or hold the election.
SECTION 3. The General Municipal Election to fill two full-term vacancies on the City Council is a separate election from the Special Municipal Election to be held on the same date.
SECTION 4. Notice of the above circumstances, as specified in Elections Code Section 10229 was published on March 18, 2022, in a newspaper of general circulation pursuant to law.
SECTION 5. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken:
The following person is appointed to the office to which they were nominated, and is considered to be the same as being elected, pursuant to Section 10229(a)(3) of the Elections Code:
Name
Stephen Burke
Office
City Councilmember
Term
2022-2026
SECTION 6. The General Municipal Election to fill a vacancy on the Mill Valley City Council scheduled to be held on Tuesday, June 7, 2022, is hereby canceled.
SECTION 7. The person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ATTACHMENT 1
Resolution No. 18-23
PASSED AND ADOPTED at a special meeting of the City Council of the City of Mill Valley, on this 24th day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John McCauley, Mayor
ATTEST:
Kelsey Rogers, City Clerk/Management Analyst III
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY
APPOINTING TO OFFICE THE PERSON NOMINATED TO BE ELECTED TO
FILL A VACANCY IN THE OFFICE OF MEMBER OF THE CITY COUNCIL
THAT WAS TO BE ELCTED AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 2022 (4-YEAR TERM)
THE CITY COUNCIL OF THE CITY OF MILL VALLEY HEREBY FINDS AND RESOLVES AS FOLLOWS:
SECTION 1. At the close of the extended nomination period on Wednesday, March 16, 2022, there was only two candidates nominated for the office to be elected at the General Municipal Election to fill two vacancies for a four-year term on the Mill Valley City Council.
SECTION 2. Section 10229 of the Elections Code gives the City Council the authority to either appoint to the office the person who has been nominated or hold the election.
SECTION 3. The General Municipal Election to fill two full-term vacancies on the City Council is a separate election from the Special Municipal Election to be held on the same date.
SECTION 4. Notice of the above circumstances, as specified in Elections Code Section 10229 was published on March 18, 2022, in a newspaper of general circulation pursuant to law.
SECTION 5. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken:
The following person is appointed to the office to which they were nominated, and is considered to be the same as being elected, pursuant to Section 10229(a)(3) of the Elections Code:
Name
Max Perrey
Office
City Councilmember
Term
2022-2026
SECTION 6. The General Municipal Election to fill a vacancy on the Mill Valley City Council scheduled to be held on Tuesday, June 7, 2022, is hereby canceled.
SECTION 7. The person appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
Resolution No. 22-
PASSED AND ADOPTED at a Special meeting of the City Council of the City of Mill Valley, on this 24th day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John McCauley, Mayor
ATTEST:
Kelsey Rogers, City Clerk/Management Analyst III
March I 6, 2022
TO: City Council
FROM: Kelsey Rogers, City Clerk/Management Analyst III
SUBJECT: Notice that there are not more candidates than offices to be elected at the June 7, 2022 General Municipal Election (4 year term):
Certification of Facts
Pursuant to California Elections Code Section I 0229, I hereby certify as follows:
1. Two people have been nominated to fill the two vacancies (4-year terms) in the City Council which is to be filled at the General Municipal Election on June 7, 2022.
2. The City Council may, at a regular or special meeting held by March 24, 2022, adopt one of the following courses of action: 1. choose to appoint the individuals who were nominated for the two, four-year seats (Burke and Perrey) and cancel the General Municipal Election, or 2. take no action and allow the election to take place.
3. A notice of these facts and the courses of action available under this section will be published in the Marin Independent Journal on Friday, March 18, 2022.
4. After the fifth day following the date of publication, the City Council may make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
5. If no appointment has been made by the 75th day before the special municipal election (March 24), the election must be held.
I therefore suggest agendizing and discussing this issue at a Special City Council meeting on March 24, 2022 so that the Council may either make the permitted appointment or allow the election to go forward as scheduled. Details about said Special meeting will be forthcoming shortly.
cc: City Manager
file
ATTACHMENT 2
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED -
JUNE 7, 2022 GENERAL MUNICIPAL ELECTION (4-YEAR TERM)
NOTICE IS HEREBY GIVEN that pursuant to Section 10229 of the Elections Code of the State of California relating to the General Municipal Election (two 4-year terms) in the City of Mill Valley to be held Tuesday, June 7, 2022:
As of the close of the extended nomination period on March 16, 2022, there are not more candidates than offices to be elected.
The persons so nominated are:
Stephen Burke
MaxPerrey
That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person(s) who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Council will meet at a March 24, 2022, Special City Council meeting to either make the appointment or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If by the 75th day before the election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held.
If the City Council makes appointments pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
s/Kelsey Rogers, City Clerk/Management Analyst III
Dated: March 16, 2022
ATTACHMENT 3
Calendar of Events-Municipal Election (Single-Page)
CALENDAR OF EVENTS
CA MUNICIPAL ELECTION
June 7, 2022
New Laws Chaptered in 2021 Go Into Effect on January 1, 2022 Unless Noted. (check with your county I election offical for their deadlines for arguments and rebuttal filings) Date(s) IE minus to E minus I Action
December 17 -172 Suggested Last Day to File Petitions Regarding Measure January 17 -141 Suggested Last Day for Council to Adopt Resolutions January 18 -140 Suggested Last Day to Post Notice of Deadline for Filing Arguments and Impartial Analyses January 18 Election Official to Publish Notice of Election - Measure(s) Only, No Candidates See County Calendar Last Day to File Arguments & Impartial Analyses I See your County's Calendar The suggested last day to file arguments & impartial analyses is recommended to be 7-14 days after Council calls the Election
(See County's deadline)
January 31 to February 14 -127 -113 Election Official to Publish Notice of Election - for Candidates February 7 -120 Last Day to Adopt Regulations for Candidates Statements February 14 to March 11 -113 -88 Filing Period for Nomination Papers and Candidate's Statements March 11 -88 Last Day to Call Election For Ballot Measures March 11 -88 Last Day to Withdraw Initiative Petition
March 11 by 5:00 pm -88 Last Day for County to Receive Resolutions Requesting Consolidation & Services March 11 -88 Last Day to File Nomination Papers
See County Calendar Last Day to File Rebuttal Arguments / 1 0 Days after Arguments / see County's calendar March 16 -83 Last Day to File Nomination Papers - Extended Filing Period if incumbent fails to file March 16 -83 Last Day to Withdraw Measure(s) from Ballot March 17 -82 Secretary of State to Determine Order of Names on Ballot March 21 or March 28 -78 -71 Last Day of Public Review Period for Candidates Statements March 24 -75 Last Day to Cancel Election - Insufficient Candidates April 11 to May 24 -57 -14 Filing Period for Write-in Candidate April 28 -40 Last Day to File Campaign Expenditure Statements - 1st Pre-election Statement Mayg -29 First Day for Mailing Permanent Vote by Mail Voter Ballots May9 -29 First Day for Mailing Vote by Mail Voter Ballot Packets May 9 to May 31 -29 -7 Voters May Request Vote by Mail Ballots with Regular Applications May 17 -21 Last Day to Mail Voter Information Guides and Polling PlaceNote Center Notices May 23 -15 Last Day to Register to Vote
May24 -14 Last Day to File for Write-in Candidate
May26 -12 Last Day to File Campaign Expenditure Statements - 2nd Pre-election Statement May 31 -7 Last Day for Election Official to Publish Notice of Nominees June 6 -1 Last Day for Council to Adopt Procedures to Resolve Tie Vote June 7 0 ELECTION DAY
June 10 3 Last Day to Receive Vote by Mail Voter Ballots If Postmarked on Election Day July 5 28 Last Day to Receive "Signature Verification Statements" for Vote by Mail Voter Ballots July 5 28 Last Day to Receive Signed "Unsigned Ballot Statements" for Vote by Mail Voter Ballots No Later Than July 7 30 Election Official to Canvass the Returns Within 5 days of completing the semi-official canvass above Election Official to Hand Tally the Undervotes of a Write-in Candidate if requested by a write-in candidate
No Later Than July 7 30 Election Official to Conduct Manual Tally No Later Than July 7 30 Last Day for County to Certify Results July 7 July 22 E+30+15? City to Declare Results, Reorganize Council and Choose Mayor Pro Tern (and Mayor if applicable) - EVEN YEAR
(30 days after Assuming Office) Filing of Statement of Economic Interests January 31 semi-annual Last Day to File Campaign Expenditure Statements - Semi-Annual Statement July 31 semi-annual Last Day to File Campaign Expenditure Statements - Semi-Annual Statement April 1 every odd year Last Day to Submit Report on Measures to Secretary of State Disclaimer : Dates and information on this calendar are our interpretation and summarizatkrn based on the California Elections Code. You should always check with your Election Official for definitive date(s) and deadline(s) pertaining to your election If you are the election official, it is your responsibity to confirm dates, deadlines and information about your election It is also suggested to speak with your County Election Department and your City Attorney MCA Direct is not responsible for obtaining date(s), deadline(s) and information specific to your election Property of and Prepared by MCA Direct
copyright ©2021
(12/30/2021)
I
I
STAFF REPORT
TO: Mayor and City Council
FROM: Kelsey Rogers, City Clerk/Management Analyst 1II
SUBJECT: Consideration of a Resolution Appointing a Council Nominee to Office Effective June 7, 2022 and Canceling the Special Municipal Election (2-Year Tenn) DATE: March 21, 2022
I Issue: Consideration of a Resolution Appointing One Council Nominee to Office Effective June 2 7, 2022 and Canceling the Special Municipal Election for a 2-year term. 3 4 Recommendation: Confirm appointment and adopt Resolution No. 22-_. 5 6 Background: The City of Mill Valley holds its General Municipal Election for City Council to 7 coincide with State Primary elections.
8 9 This year, in addition to the General Municipal Election on June 7, 2022, the City Council called 10 a Special Election to fill the remaining two-years of another City Council term. In the late 11 swnmer of 2021, then-Councilmember Tricia Ossa announced that she was moving out of state 12 and would be unable to serve the remaining two(+) years of her tem1 (which expires June 2024). 13 The effective date of her resignation was August 3, 2021, which created an unexpected vacancy 14 on the City Council. On September 20, 2021, appointed Councilmember Stephen Burke was 15 sworn into office - to serve on the Council only until the next municipal election was held. 16 17 The nomination period for this year's special JW1e 7, 2022 election to fill the remainder of the 18 vacant term, was February 14 through March 11, 2022. As of 5:00 p.m. on Friday, March 11, 19 2022, the deadline to tum in nomination papers, only Councilmember Wickham had filed the 20 required paperwork and obtained the necessary number of community member signatures for the 21 two-year special term.
22 23 California Elections Code Section 10229 provides that the nomination period may be extended 24 for five days if an incumbent fails to file the required paperwork. Since 1he Special 2-year race -IJEM 6
ATTACHMENT 5
City Council Staff Report
Appointment to the Mill Valley City Council
March 21, 2022
25 did not have an elected incumbent eligible to file, the nomination period was not extended to 26 March 16, 2022.
27 28 It bears repeating, this report is only discussing the specfal election for the 2-year term. Staff is 29 not commenting on or asking Cowicil to act on the two four-year terms on the ballot for the 30 General Municipal election. Even the Nomination Period is a bit different for those races as the 3 l extended deadline of March 16, 2022 was triggered when Cowicilmember McCauley did not file 32 by 5:00 pm on March 11, 2022.
33 34 Discussion: At 5:00 p.m. on Friday, March 1], 2022, the only individual who had filed their 35 nomination paperwork for the special election was Councilmember Wickham. No other 36 interested parties acquired the required number of cornmwiity signatures (no less than 20, no 37 more than 30) to become a candidate and get their name on the ballot. Each seat on the City 38 Council is a separate office, and the special election for the two-year seat is separate from the 39 General Municipal Election.
40 41 In instances such as this, California Election Code Section 10229 provides that if there are not 42 more candidates than offices to be elected at the end of the nomination period, the City Council 43 may take one of the follo'Wing actions:
44 45 1. Appoint to the office the persons who have been nominated (and cancel the election). 46 2. Appoint to the office any eligible voter if no one has been nominated. 47 3. Hold the election if either no one or only one person has been nominated. 48 49 The City Clerk has presented to Council (Attachment No. 2) the required certification showing 50 that the facts exist to invoke Section 10229. Obviously, the option to appoint a voter if no one 51 has been nominated is not applicable here. Also, the required notice specifying the facts 52 concerning the nominations and the proposed appointments was properly published in the Marin 53 1J on Tuesday, March 15, 2022 (Attachment No. 3).
54 55 Should the Council wish to appoint Council nominee Wickham and cancel the election, the 56 Cowicil would need to adopt the draft resolution (Attachment No. 1) at the March.21, 2022 City 57 Council meeting. If appointed, the candidate qualifies, takes office, and serves exactly as if 58 elected at a municipal election.
59 60 If no action is taken by the City Council by the 75 th day before the election (March 24, 2022), 61 then the City would hold the election with the one candidate printed on the ballot (Wickham). 62 63 If the election proceeds as scheduled, there will be an opportunity for write-in candidates. The 64 £Jing period for write-in candidates would be April 11 through May 24, 2022. During this 65 period, any person who desires to be a write-in canctidate for a particular office must file a 66 Statement of Write-In Candidacy which shall contain the candidate's name, residence address, a 67 declaration stating that he or she is a write-in candidate, the title of the office for which he or she 68 is running, the date of the election and a nomination petition with the required number of 69 signatures. Names written on the ballot the day-of the election will not count unless the candidate 70 has completed these steps. In addition, candidate statements are not printed on the ballot for 71 write-in candidates.
2 City Council Staff Report
Appointment to the Mill Valley City Council
March 21, 2022
72 This is not the first time that the City has had no more candidates for City Council than number 73 of open offices. Prior to the November 8, 2011 Mill Valley General Municipal election, three 74 incumbent candidates filed the required nomination documents for the election and no other 75 candidate's submitted papers. The Council, at its August 24, 2011 special meeting, adopted 76 resolutions appointing Councilmember Garry Lion, Councilmember Ken Wachtel, and 77 Councilmember Stephanie Moulton-Peters to the Council and canceling the election. And at its 78 March 19, 2018 Regular City Council meeting, adopted resolutions appointing Councilmember 79 McCauley and Councilmernber Jackson to the council, while cancelling the election. 80 81 Staff requests that the Council consider the information in this report, discuss, and either adopt 82 the proposed resolution or direct staff to hold the Special June 7, 2022 election (2-year term). 83 84 Fiscal Impact: The City Clerk confirmed with the County Elections Department that cancelling 85 the 2-year special election (but conducting the General Municipal Election for the 2 four-year 86 terms) would save the City money.
87 88 The quote given to the City Clerk on March 11, 2022, was that a general municipal election costs 89 the City approximately (no more than) $3 dollars per registered voter. On March 11, 2022, the 90 City of Mill Valley had 10,721 registered voters. That means a general municipal election may 91 cost the City up to $32,163. Adding another special election to the general municipal election 92 could add another $16,082 ofrequired funding (as the additional election is charged at a factor of 93 1.5). If the Council adopts the draft resolution in Attachment 1 and cancels the special two-year 94 election, it could save the City up to $16,082.
95 96 Attachments:
97 1. Resolution No. 22-
98 2. Certificate of the City Clerk
99 3. Notice published in the Marin IJ on March 15, 2022 100 4. City Elections Calendar-June 7, 2022 Election
3 1
2 3
4 5
6 7
8 9
10 I 1
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
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RESOLUTION NO. 22-_
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MILL VALLEY APPOINTING TO OFFICE
THE ONE PERSON NOMINATED TO BE ELECTED
TO FILL A VACANCY IN THE OFFICE OF
MEMBER OF THE CITY COUNCIL THAT WAS TO
BE ELECTED AT THE SPECIAL MUNICIPAL
ELECTION ON TUESDAY, JUNE 7, 2022 (TWOYEAR TERM) ·
THE CITY COUNCIL OF THE CITY OF MILL VALLEY HEREBY
FINDS AND RESOL YES AS FOLLOWS:
SECTION 1. At the close of the nomination period on Friday, March 11, 2022, there was only one candidate nominated for the office to be elected at the Special Municipal Election to fill one vacancy for the remaining two years in a term on the City Council.
SECTION 2. Section 10229 of the Elections Code gives the City Council the authority to either appoint to the office the only person who has been nominated or hold the election.
SECTION 3. The Special Municipal Election to fill a vacancy on the City Council is a separate election from the Regular Municipal Election for full terms on the City Council to be held on the same date.
SECTION 4. Notice of the above circumstances, as specified in Elections Code Section 10229, was published on March 15, 2022, in a newspaper of general circulation pursuant to law.
SECTION S. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken:
The following person is appointed to the office to which they were nominated, and is considered to be the same as being elected, pursuant to Section 10229 (a)(3) of the Election Code:
NAME
Jim Wickham
OFFICE
City Councilmember
TERM
2022-2024
SECTION 6. The Special Municipal Election to fill a vacancy on the Mill Valley City Council scheduled to be held on Tuesday, June 7, 2022, is hereby canceled.
SECTION 7. The person appointed shalJ qualify and take office and serve exactly as if elected at a municipal election for the office.
ATTACHMENT #1
Resolution No. 22-_
48 SECTION 8. The City Clerk shall certify to the passage and adoption of this 49 resolution and enter it into the book of original resolutions. 50 51 PASSED AND ADOPTED at a regular meeting of the City Council of the City 52 of Mill Valley on the 21st day of March, 2022, by the following vote:
53 54 AYES:
55 NOES:
56 ABSENT:
57 ABSTAIN:
58 59
60 John McCauley, Mayor
61 ATTEST:
62 63
64 Kelsey Rogers, City Clerk/Management Analyst III
CITY CLERK'S CERTIFICATION THAT THERE ARE NOT
MORE CANDIDATES THAN OFFICES TO BE ELECTED
I, Kelsey Rogers, City Clerk/Management Analyst III of the City of Mill Valley, do hereby certify that pursuant to §10229, Elections Code of the State of California, to the following facts relating to the Special Municipal Election to be held on June 7, 2022.
As of the close of the nomination period on March 11, 2022, there were no more candidates than offices to be elected.
The person so nominated is:
Jim Wickham
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
A notice of these facts will be published on March 14, 2022~ in a newspaper of general circulation in the City pursuant to §6061 of the Government Code. Not before the fifth day following the date of publication, the City Council will meet to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day (March 24, 2022) before the municipal election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election will be held.
If the City Council makes an appointment pursuant to § 10229. the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Kelsey Rogers, City Cl~rk/Mariagemeni Analyst ill
ATTACHMENT #2
NOTICE THAT TIIERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED -
JUNE 7, 2022 SPECIAL MUNICIPAL ELECTION (2-YEAR TERM)
NOTICE IS HEREBY GIVEN that pursuant to Section 10229 of the Elections Code of the State of California relating to the Special Municipal Election ( one 2-year term) in the City of Mill Valley to be held Tuesday. June 7, 2022:
As of the close of the nomination period on March 11, 2022, there are not more candidates than offices to be elected.
The person so nominated is:
Jim Wickham
That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person(s) who have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. -Hold the election if either no one or only one person has been nominated.
The City Cowicil will meet at its March 21, 2022, Regular City Cowicil meeting to either make the appointment or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal electjon for the office.
If by the 75th day before the election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held
If the City Council makes an appointment pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. .
s/Kelsey Rogers, City Clerk/Management Analyst III
Dated: March 11, 2022
ATTACHMENT #3
CALENDAR OF EVENTS
CA MUNICf PAL ELECTION
June 7. 2022
Nsw t ,whl Ct111µ/g1od //1 2021 Go Into l!tfSCI 011 January 1, fllJ2Z iJ11kis! No/{i{J,
11.lluck v11f/1 vour C(J1111tv i .ilacltw, ulflcn/ lnr tltulr rlv;,d//11e"' (n, .1111u11w111-. ,111t1 rnlmll,11 flllllfJS/ Oale(ll) - I e mlnU$ lo E minus I Action
Decembar17
January 17
Janll81Y 18
J,arilJll,Y 18
SM b llty C•lindlfr.
January31 to February 14
February 7
February 14 lo Maleh 11
Mareh 11
March 11
March 11 by 5:oo pm
March11
ti•• ~Wrl\y l'.:IM<II~ ~. March 16
March 16
March 17
March 21
March 24
April 11
April2B
Mays
Mayll
May9
May 17
May23
May24
May26
May 31
Jum16
June7
June 10
July 5
Julys
No laler Then
or March 28
to Mey24
ta May 31
July 7
-172 SUggesten Last Day to Fil,: Pell!iDna Regard'!'1g Measure -141 SUgge.ted Last Day for Council tc Adopt Resclullons -140
·127
-12D
-113
-BB
-Ba
-88
-ll6
·83
-1!3
-1!2
-78
-75
..Js7
-40
-29
~9
-29
-21
-15
-14
-12
-7
-1
0 3
211
28 30
-113
·88
-71
-14
-7
Sugge!lled I.&\ Day to Pos1 Nctiae cl Deadlill9 for Filing Arguments and Impartial Analyses EleC11on Official to PUbfish Notice er Election - Me.asure(s) Only, No Candldatlis Lail Oqy 10 Fil! Arguments & Impartial Analyses I Sru, your County'• Calendar The s1.1.9geswd last day tor• arguments & lmpani&J analyses I• recommeodcd to be 7-14 days Blier Council calls the Election
(See COll111Y'~ deadline)
Election Olffclal to Publish Notice or Eleeli:>n - fer Candida\•• last Day to Ad opt Regulartions ror Condtd~tes Slalemon ts Filing Pe110d for Nomination Papers and Candidsm's Stalemerits Last Day to Call EleC\lon For Ballot Measures
Last Day k> 'Mltldraw lnl~atille l'elition
Last Dey ror county IO Reoeille Resolutions Raqul!J;llng Consoltdstlon & Services Looi Day lo FIie Nomination Papers
wt Day to FIie Reburtal Arguments/ 10 Days after Af!lUlll8TII• I see County's calendar Las1 Day to FIi• Nomlr!ation Papets-Eletended F"lfing Period if fncumbmttfalls to !Ye Laat Dey to 1Mthdraw Measur,;(s) litlm Ballot
Sec.ela!)I of stets to Determine Order Of Names on Ballot Last Day Ol Pullllo Rbllll!IY Period !Or cand ldeles Stalemenls last Day lo Cancel Eledion- lMUl!lclent C1111didatelt
Filing Period for'M"l!e-in Candidate
Lsa! Dey to f lle Campaign Expenditure Sfalem•nls - 1~ Pre-election Stal&ment Fil$! Dav fbr- Mall Ing Pennanent Vote by Malt Voter Ballots Fin.t Day /IJr Mamng Vote by Mall Vatsr 8allal Pack!!&!! Vo~rs May Requeirt Vote by Meil Ballots with R.a9ular Appllcsti<ins Last Day In Mail \/mer 1nrom1e1ion Gul~es a11d Polling Place/Vol!! Cenler Nolices Last Day to Register to Vote
Last Day to FIie l\ir W-it&-ln Candidate
Lest Day to FIie Campeign E)j>enditura Statements• 2nd Pre-eleeliQn Slalement Last Day for l:teC\ion Official to Publish N<>tica ar Nominees Las\ Dajl for Council to Adopl Procedures to Resojve Tie Vole ELEC'l'ION DAY
La&! Day to Ro09ive Vote by MaH Valer Ballots If Postmarl<ed on EleC\ion Day Last Day 1o Receive "Signature Verill'catJon statements" for Vote by Moil Voter 8all0ts La91 Day to Receille Signed "Unsigned Ballot Slalement&" lbr Vele by Mail Veter Ballal$ Election Olfictal 1D canvass the Relllms
Wthln 5 days ar oompteting 1he saml-<ifllclal c:in,ass a~oue Eledicn Ol!ici•I ID Hand Tally the undentotes of a VltHe-in Candidate If n,queo1ed by a write-In caidldafe
No Later Than
No Lener Tllan
July 7
July 7
30 30
.Electron Ol!iclsl to CondU<:t Manual Tally
L.ei;t Day for Counly lo Certify Reaulta
July7 July 22 E+30<-15? Cll)I 1o Declara Results, Reorganize Council and Ch<>ose Mayer Pro Tem (and Mayor W applicable}· EVEN )'1:AR
(30 days ilfter Assuming Office)
January 31
July 31
April 1
SfllTli-ennu;;,/
Sfl/Tl[•lmnllil/
every odd year
Filing of Statement ot Eooooml~ lntereats
La!ll Day to FIie Campelgn Expendaure statements - Sem~Mnual Stalement leg\ Day to File Ca~elgn Expendilure statements- Semi-Annual ~ment Last Day Ill Submit Raparl on Meawres to Seaet.ary er State ()~. •~1 r,,,J:., \!Ill 11hr1f t"tit, Mii O - , -tlilf 11.-;" I f)Jt, Jr,~•' • ll,IHJ/flffl,',....J..ilLr1 -:.1.d " :, .. ,..,,,,A' .. H •r it.~i'I' Vr, ' r. ·io ,.,, ti,, ..... ~,·,.,,ah 't.J~/ ~J#•,-,,Hl { ,yo:,"Ure'I ,rJ(JI r1d -1 °l(1,p.vt> au, Ju-r, •A 1 Jv1J :J rii~• ul'.i .• l ~~v-•nqlr t1111!/il')t.l1,rr)Jll~O "Yl'1'f,VrT£rfl'---'1 ·•t1n1t,, 11ra11~at,,, ,r11 ;,te1J *"" ... ,,.ri·, I #t~!J I flt .. I\..,. ·, ,!(i , .. ,.,r M.1!1--1J·' ,,._~, 11 ,u,rn,•tt 1c,ott.:.11oC1Jn- Ll',Orr(fifll'> J,,Uf , .... ,,,n1,·r.n~ •r, ~?\W(! 'Jf• Pcoperty of and P.repan,d by MCA Direct
eopy,igbt 02021
(12/30/2021)
I
ATTACHMENT #4
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