April 15, 2025, Item #12DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway April 15, 2025 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney [email protected] CITY COUNCIL Resolution to Adopt a City Council Policy Requiring all City Council Vacancies Occurring Within the First 18 Months of a Four Year Term to be Filled by Special Election At the April 1, 2025 City Council meeting, Mayor Vaus initiated an item seeking City Council concurrence to bring back for discussion a City Council policy requiring all vacancies in the City Council occurring within the first eighteen (18) months of any City Councilmember's four year term to be filled by a special election, and not by appointment. The City Council provided concurrence 3-0, and as a result, the attached Resolution (Attachment A) adopting the foregoing City Council policy is being presented to the City Council for consideration. Recommended Action: It is recommended the City Council approve the attached Resolution adopting a City•Council policy that all vacancies in the City Council occurring within the first 18 months of any City Council member's four year term must be filled by a special election, and not by appointment. Discussion: As a general law city, the City of Poway is constrained in how it may fill a vacant seat of the City Council by Government Code section 36512, which requires the City Council to, within 60 days of any vacancy, fill the vacancy by appointment or call a special election. There is less flexibility for the City than would be the case in a charter city or county. Government Code section 36512(c) allows the City Council to modify the foregoing standard process in three specific ways by ordinance: (1) require all vacancies to be filled by special election; (2) require a special election to fill a vacancy when petitions bearing a specified number of verified signatures are filed, or (3) provide that anyone appointed to fill a vacancy holds office only until a special election, which shall be immediately called along with the appointment. 1 of 4
April 15, 2025, Item #12As a result of this policy being more narrowly tailored than as written in Government Code section 36512(c), it cannot be adopt as an amendment the Poway Municipal code ("PMC"). However, the City Council may adopt a resolution and City Council policy that all vacancies occurring within the first 18 months of a member of the City Council's four year term will be subject to a special election. Like an amendment to the PMC, it would take a formal action by the majority of the City Council to rescind the policy. Environmental Review: None. Fiscal Impact: None. Public Notification: None. Attachments: A. Resolution Reviewed/Approved By: rman ity Manager 2 of4 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chris Hazeltine City Manager
3 of 4 ATTACHMENT A
RESOLUTION NO. 25-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING A CITY COUNCIL POLICY TO FILL CITY COUNCIL VACANCIES OCCURRING WITHIN THE FIRST EIGHTEEN MONTHS OF OFFICE BY SPECIAL ELECTION WHEREAS, the City of Poway is a municipal corporation and general law City in the state of California; WHEREAS, as a general law city, the City of Poway is constrained in how it may fill a vacant seat of the City Council by Government Code section 36512, which requires the City Council to, within 60 days of any vacancy, fill the vacancy by appointment or call a special election; WHEREAS, pursuant to Government Code section 36512, if a vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, and is filled by appointment, the person appointed to fill the vacancy shall hold office only 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 shall serve the remainder of the term; WHEREAS, Government Code section 36512 allows the City Council to modify the standard process in three specific ways by ordinance: (1) require all vacancies to be filled by special election; (2) require a special election to fill a vacancy when petitions bearing a specified number of verified signatures are filed, or (3) provide that anyone appointed to fill a vacancy holds office only until a special election, which shall be immediately called; WHEREAS, the City Council of the City of Poway does not believe any of these potential options available under state law are appropriate for every vacancy in the City, but believes that all vacancies occurring within the first eighteen (18) months of a member of the City Council’s four year term should be subject to a special election; and WHEREAS, pursuant to Government Code section 36512, the City Council cannot adopt an ordinance amending the Poway Municipal Code to include this requirement, but nonetheless wishes to make this an official City Council policy, by the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: That the above recitals are true and correct, and are incorporated herein by this reference, as if set forth fully herein.
SECTION 2: The City Council hereby finds and declares that its official policy shall be, for all vacancies occurring within the first eighteen (18) months of a member of the City Council four year term, that vacancy shall be filled by immediately calling a special election pursuant to Government Code section 36512(b)(1).
SECTION 3: This Resolution shall take effect immediately.
April 15, 2025, Item #12
Resolution No. 25- Page 2
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California on the 15th day of April, 2025 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
______________________________ Steve Vaus, Mayor
ATTEST:
________________________________ Carrie Gallagher, CMC, City Clerk April 15, 2025, Item #12