AGENDA and NOTICE
Special Meeting
Monday, July 8, 2024
6:00 P.M
A. ROLL CALL
Vote to allow Council Member Collazo to participate remotely due to emergency circumstances as a result of a physical medical emergency per Assembly Bill 2449
B. CITY MANAGER REPORTS
1. Interview City Council applicants and adopt resolutions making an appointment to fill the City Council vacancy and/or calling and giving notice of the holding of a special election for the purpose of electing an individual to fill the remaining unexpired term of the former incumbent to be consolidated with the general municipal election on Tuesday, November 5, 2024
C. ADJOURNMENT
MEETING INFORMATION
Members of the public may attend the meeting in person, watch online or watch on Cable Channel 26. The ability to observe online or Cable Channel 26 is predicated on those technologies being available and functioning without technical difficulties. Should those platforms not be available, or become non-functioning, or should the City Council otherwise encounter technical difficulties that make those platforms unavailable, the City Council will proceed with business in person unless otherwise prohibited by law.
How to view the meeting remotely:
Livestream online at YouTube https://www.youtube.com/@cityofnewark3077/streams Copy/paste the YouTube URL into your browser if the link does not automatically open.
Cable Channel 26 - if the meeting does not broadcast live, please contact your service provider and request the City of Newark channel lineup.
Zoom will no longer be available for public participation unless required by Assembly Bill 2449. Should a Council Member or the Mayor attend the meeting via Zoom pursuant to Assembly Bill 2449, then the Webinar ID 861 8025 4887 will be activated. The Mayor will make an announcement at the beginning of the meeting that the City will be allowing public comment via Zoom. Raise your virtual hand to notify the City Clerk that you would like to speak during the item that you wish to speak on.
How to submit written Public Comment:
Send an email to City Clerk by 3:00 p.m. the day of the meeting. Please identify the agenda item number in the subject line of your email. Emails will be compiled into one file and will be distributed to the City Council before the meeting.
No question shall be asked of a council member, city staff, or an audience member except through the Mayor. No person shall interrupt the meeting. Any person who refuses to carry out instructions given by the Mayor for the purpose of maintaining order may be guilty of an infraction and may result in removal from the meeting.
Council Meeting Access/Materials:
The agenda packet is available for review at Agendas and Minutes. The packet is typically posted to the City website the Friday before the meeting, but no later than 24 hours before a special meeting.
Pursuant to Government Code 54957.5, supplemental materials distributed less than 72 hours before this meeting, to a majority of the City Council, will be made available for public inspection at this meeting and will be posted at https://www.newark.org/departments/city-manager-s-office/agendas-minutes and will concurrently be made available for public inspection during regular business hours at the David W. Smith City Hall, 37101 Newark Boulevard, Newark CA. Materials prepared by City staff and distributed during the meeting are available for public inspection at the meeting or after the meeting if prepared by some other person. Documents related to closed session items or are exempt from disclosure will not be made available for public inspection. For those persons who require special accommodations, please contact the City Clerk at least two days prior to the meeting at City Clerk or 510-578-4266.
Item B. 1.
DATE 07/08/2024
TO Honorable Mayor and City Council Members
FROM Kristopher Kokotaylo, City Attorney
SUBJECT Interview City Council applicants and adopt resolutions making an appointment to fill the City Council vacancy and/or calling and giving notice of the holding of a special election for the purpose of electing an individual to fill the remaining unexpired term of the former incumbent to be consolidated with the general municipal election on Tuesday, November 5, 2024
Summary/Recommendation
Council Member Bucci resigned from the City Council effective June 27, 2024, at 5:00 p.m. The City Council held a special meeting on June 27, 2024, at 6:30 p.m. to determine whether: (1) to fill the position by appointment, until a successor is elected and certified at the next general municipal election; or (2) leave the position vacant until a successor is elected. The City Council voted to pursue filling the vacancy by appointment, directed staff to open an application period beginning June 28 and concluding on July 7, 2024, at 5:00 p.m., and scheduled a special meeting for July 8, 2024, to consider making an appointment and to call a special election on November 5, 2024, to fill the remainder of the vacancy.
Staff recommends that the City Council interview applicants and consider appointing an individual to fill the vacant City Council position. Staff further recommends that the City Council call a special election for November 5, 2024, to elect an individual to fill the remainder of the unexpired term. Draft resolutions have been prepared and are attached to this staff report.
Analysis
As of the date of publication of this staff report, the application period for applicants is still open. After the application period closes on July 7, 2024, staff will prepare a supplemental staff report that will attach the applications that have been timely submitted and the applicant’s eligibility has been confirmed by the Alameda County Registrar of Voters.
As the City Council is aware, the City Council can only appoint someone to fill the vacancy until a person is elected by Newark voters at the November 5, 2024, election and election results are certified by the City Council.
Appointment Process
Staff recommends the following process for considering appointments to the vacant City Council position:
Applicants will be requested to wait in a conference room without cell phone access prior to City Council discussion.
1. 2. The City Council should accept public comment.
The City Council should identify questions they would like to ask of applicants and establish time limits for each interview as well as reach agreement on any other procedural considerations, if any, for the conduct of the interviews.
3. The City Council should select which applicants to interview and conduct the interviews. After each applicant is interviewed, the applicant can observe the remainder of the City Council meeting.
4. Following the interviews, the City Council should deliberate and select an applicant and adopt the proposed resolution for appointment to the vacancy.
5. The City Council may identify the process, if any, that it would like to use for deliberations to appoint an applicant. In the prior appointment process, the City Council Members each identified their top two applicants following the interviews and used that as an initial point to try and reach consensus on an applicant. The City Council can utilize this process again or identify a different process if it chooses. After the City Council selects an individual for appointment, the City Clerk will administer the oath of office. If the appointee is not present, the oath of office will be administered as soon as possible.
Call an Election
As the City Council is aware, the individual appointed to fill the vacant City Council position will only hold office until the successor is elected and the election results are certified following the next general municipal election pursuant to Government Code Section 36512(b)(2)(A). Thus, following appointment, staff recommends that the City Council adopt the proposed resolution calling an election for an individual to fill the remaining unexpired term of the vacated City Council position until an individual is elected at the November 2026, general municipal election and results are certified by the City Council.
The proposed resolution consolidates the special election with the November 5, 2024, general municipal election and requests the services of the Alameda County Registrar of Voters in conducting the election. The election will be conducted in the same manner as the general municipal election for the two expiring City Council Member positions and for the Mayoral position.
Prepared by - Kristopher J. Kokotaylo, City Attorney
Reviewed by - Sheila Harrington, City Clerk
Reviewed by - Sheila Harrington, City Clerk
Reviewed by - Lenka Hovorka, Assistant City Manager
Approved by - David J. Benoun, City Manager
Attachments
Resolution Appointment
Resolution Call Election
Applicant Memo update
Applications v1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK APPOINTING _____________ TO FILL THE
VACANCY ON THE CITY COUNCIL
WHEREAS, having been duly elected on November 8, 2022, Council Member Mike Bucci tendered his resignation from the City Council effective June 27, 2024; and WHEREAS, pursuant to Government Code Section 36512(b), a vacancy in the office of a Council Member may be filled by appointment by the Council within sixty days after its existence; and
WHEREAS, pursuant to Government Code Section 36512(b)(2)(A), because the vacancy occurred in the first half of the term of office and at least 130 days prior to the next general municipal election, any person appointed to fill the vacancy shall hold office until the next general municipal election and until a successor is elected, qualified and said election results are certified by the City Council, and any unexpired remainder of the term of such office shall be filled by the voters at such election; and
WHEREAS, at a meeting of the City Council on July 8, 2024, the City Council voted to appoint _____________ to the City Council; and
WHEREAS, _____________ is a qualified individual within the meaning of Government Code Section 36502 and Elections Code Section 321 and is eligible to fill the vacancy.
NOW THEREFORE, BE IT RESOLVED that _____________ is hereby appointed to the City Council to fill the City Council vacancy caused by the resignation of Council Member Mike Bucci until a successor is elected and qualified at the November 5, 2024, election and said election results are certified by the City Council.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWARK CALLING AND GIVING NOTICE OF A SPECIAL
ELECTION TO FILL A VACANCY ON THE NEWARK CITY
COUNCIL FOR THE REMAINDER OF A FOUR-YEAR TERM;
REQUESTING THE ALAMEDA COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE THE ELECTION WITH
THE GENERAL ELECTION TO BE HELD NOVEMBER 5, 2024;
AND REQUESTING SERVICES OF THE REGISTRAR OF
VOTERS
WHEREAS, City Council Member Mike Bucci resigned from the City Council, effective June 27, 2024, at 5:00 p.m.; and
WHEREAS, Councilmember Bucci was elected at the November 2022 General Municipal Election to a four-year term; and
WHEREAS, Government Code Section 36512(b) provides: “If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy;” and
WHEREAS, where the City Council fills the vacancy by appointment, Government Code Section 36512(b)(2)(A) provides: “If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office;” and WHEREAS, the City Council appointed an individual to fill the vacancy created by Council Member Bucci’s resignation on July 8, 2024; and WHEREAS, the City Council now desires to call an election, as required by Government Code Section 36512(b)(2)(A), to fill the seat vacated by Council Member Bucci; and WHEREAS, pursuant to California Government Code Section 36512, the election shall be conducted on November 5, 2024, which is the next established election date occurring not less than 114 days after the adoption of this resolution; and
WHEREAS, pursuant to Elections Code Section 10403.5 the City desires to request the County to render special services to the City with respect to the conduct of the election to be held on November 5, 2024, and the County is agreeable to provide these services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newark does hereby declare, determine, and order as follows:
Resolution No. 2
Section 1: That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Newark, California, on Tuesday, November 5, 2024, an election for the purpose of electing one Member of the City Council the remainder of a term of four years, which will end following certification of the November 3, 2026 election results.
Section 2: That the ballots to be used at the election shall be in the form and content as required by law.
Section 3: That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open from that time until 8:00 p.m. of the same day when the polls shall be closed.
Section 4: That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 5: That the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of the election with the General Election on Tuesday, November 5, 2024.
Section 6: That the Alameda County Registrar of Voters is authorized to canvass the returns of the election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used.
Section 7: That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
Section 8: That the City of Newark recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County based on the County’s established consolidation rate.
Section 9: That notice of the time and place of holding the election is given and that the City Clerk is authorized to give additional notice of the election in time, form, and manner as required by law.
Section 10: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
Section 11: That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Alameda County Registrar of Voters, the City Council, in accordance with Election Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
Section 12: That the City Clerk is directed to forward a certified copy of this resolution to the Board of Supervisors of Alameda County and the Registrar of Voters of Alameda County.
Resolution No. 3
Section 13: Unless otherwise specified in this Resolution, this election shall be held and conducted as provided in Resolution No. 11,651, and as provided by law for holding municipal elections.
Item B.1
DATE
TO
FROM
SUBJECT
07/08/2024
Honorable Mayor and City Council Members
Sheila Harrington, City Clerk
City Council Vacancy Applicants Update
By the July 7, 2024 deadline of 5 pm, the City Clerk received 10 applications for the City Council vacancy. Applications were submitted by Ana Apodaca, Phil Bloxom, Daniel Cardenas, William Fitts, Terrence Grindall, Lucia Gutierrez, Eve Little, Raju Mathew, Jason Miguel, and Fatima Shaikh. Mr. Fitts subsequently withdrew his application. The Alameda County Registrar of Voters has confirmed that all of the applicants are registered voters for the City of Newark.
Redacted copies of the applications are attached.