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6. All funds of the District shall be expended on improvements and activities within the District.
7. The method and the basis for levying the benefit fee on all the businesses within the District are set forth in the EXHIBIT C hereto, incorporated herein by reference.
8. The Annual Benefit fees shall be incorporated into the City Business License fee for those businesses within the District and shall be due and payable as part of obtaining the required City Business License pursuant to City Code Title 5.
9. A public hearing to consider re-authorization of the District is hereby set for December 20, 2022, at 6:30 p.m. before the City Council of the City of Suisun City, at the City Council Chambers at 701 Civic Center Blvd., Suisun City, CA 94585.
10. At the public hearing, the testimony of all interested persons, for or against the establishment of the District, interested in matters concerning the boundaries of the District, the areas of benefit within the District and the assessments to be levied, will be heard.
11. A protest against the District, or any aspect of it, may be made orally or in writing. An oral protest shall b e made at the said public hearing. To count in the majority protest against the District, a protest must be in writing. A written protest may be withdrawn from record at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address. If the person signing the protest is not shown on the official records of the City of Suisun City as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or sufficiency of the proceedings shall be in writing and c learly state the irregularity or defect to which objection is made.
12. If, at the conclusion of the public hearing, there are of record, written protest by the owners of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, no further proceedings to create the District shall occur. New proceedings to reauthorize and renew the District and levy the benefit assessment fee shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the District.
13. Further information rega rding the proposed Main Street -Waterfront Business Improvement District may be obtained from the City Clerk of the City of Suisun City, at Suisun City Hall, 701 Civic Center Blvd., Suisun City, CA, and or by calling (707) 421-7309.
14. The City Clerk is instructed to provide notice of the public hearing as follows:
a. Publish this Resolution of Intention in a newspaper of general circulation in the City of Suisun City once, at least ten (10) days before the hearing. b. Mail a complete copy of this Resolution of Intention to each and every business owner in the District within seven (7) days of the adoption of this Resolution by the City Council.
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Resolution No. 2022-
Adopted December 6, 2022
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15. This Resolution is effective on its adoption.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 6th day of December 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 6th day of December 2022.
Anita Skinner
City Clerk
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EXHIBIT “B”
Purpose and Use of Benefit Assessments.
The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are as follows:
a. The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following improvements:
(1) Benches;
(2) Trash receptacles;
(3) Decorations;
(4) Signage;
(5) Facade improvements;
(6) Permanent landscaping.
b. Activities including but not limited to the following:
(1) Promotion of public events which benefit businesses in the area and which take place on or in public places within the area; (2) Furnishing of music in any public place in the area; (3) Activities which benefit businesses located and operating in the area, including but not limited to commercial shopping and promotional programs.
(4) Trash clean up.
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Resolution of Intent
to Reauthorize
Waterfront District
BID
CITY COUNCIL
DECEMBER 6, 2022
Background
Ordinance No. 667 (2003) Established BID.
California Streets and Highways Code (Section
36500 ‐ Parking and Business Improvement
Area Law of 1989.
The City levies assessments annually.
Each year since 2003, the Council has
reauthorized the continued operation of the
District.
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Two‐Step Reauthorization
Process.
As specified in the California Streets and
Highways Code, there is a two‐step process in
reauthorizing the BID:
Step 1: Accept Assessment Report from BID
relative to any proposed changes and the
operation of the District and set a public
hearing date and time (no sooner than 10 days
after adoption of Reso lution of Intent).
Step 2: At a Public Hearing, after specific
notification requirements, the City Council may
reauthorize the District. Hearing date of
December 20, 2022.
Staff Recommendation
It is recommended that the City Council:
Adopt Resolution No. 2022‐__: Approving the
Annual Assessment Report for the Waterfront
District Business Improvement District.
Adopt Resolution No. 2022‐__: Declaring its
Intent to Consider Reauthorizing the Suisun City
Historic Waterfront Business Improvement
District and the Assessment Levy for the District
for Fiscal Year 2022, and Setting a Public
Hearing to Consider these Matters for
December 21, 2021.
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Questions?
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PREPARED BY: Elena Gerli, City Attorney
REVIEWED/APPROVED BY: Kris Lofthus, Deputy City Manager
AGENDA TRANSMITTAL
MEETING DATE: December 6, 2022
CITY AGENDA ITEM: Provide direction to City Manager and City Attorney relating to filling the councilmember vacancy pursuant to one of the following, or at the Council’s discretion:
a. Direct the City Attorney to return at a future council meeting with the appropriate resolution to call a special election.
b. Council Adoption of Resolution No. 2022-___: A Res olution of the City Council of the City of Suisun City Adopting Procedures Relating to the Filling of a Vacancy on the City Council.
c. Direct the City Attorney to return at a future meeting with the appropriate documentation to appoint a specific candidate pursuant to Council direction.
d. Provide the City Attorney with other direction.
FISCAL IMPACT: None.
STRATEGIC PLAN: Provide Good Governance.
BACKGROUND: After the November 8, 2022, election, a current council member was elected to the office of the mayor. As such, that council member will vacate their seat upon being sworn in as the new mayor (and will likely have done so by the ti me this item is heard). The result is that there will be a vacancy on the City Council which may be filled by appointment.
Suisun Municipal Code Section 2.04.040 and Government Code Section 36512 generally governs the process by which vacancies in the elected offices of city council members are filled .
Specifically, Section 36512 provides that a city council shall, within 60 days of the date of vacancy, fill such vacancy by appoi ntment, or call a special election to fill th e vacancy for the remainder of the vacated term. The vacated office will terminate at the end of 2024.
However, this section primarily deals with circumstances in which a special election is required to be called if the council fails to appoint a councilmember, or afte r a vacancy is filled pursuant to appointment. They do not govern the manner in which the City C ouncil determines to select an individual to fill a vacancy.
Section 2.3, Filling of a Council Va cancy, of the Suis un City Council Rules and Proc edures, provides:
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In the event of a vacancy of office or the death or resignation of any Council Member, the Mayor shall appoint a new Council Member, with the consent of the Council, within sixty (60) days a fter a vacancy or death or resignation becomes effective in compliance with the California Elections Code, unless the Council, by resolution, decides to instead call a special election. In the event of appointment, the Mayor, with the consent of the Council, s hall determine by resolution the process for appointment prior to the application process and in accordance with State law.
STAFF REPORT: The Council is not required to follow any particular proce dure, or to even appoint a councilmember to the vacant seat. If the Co uncil so chooses, it can direct our office to return at the next meeting with the appropriate documentation to call a special election.
It should be noted that the Council must appoint someone or call the special election no later than March 7, 2023, which is the date 60 days following the date the council seat was vacated (December 6, 2022).
Calling a Special Election
In the event the council is not a ble to appoint someone and calls a special election , “the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.” Gov. Code, § 36512(b)(1).
Established elections in odd-numbered years occur either the “first Tuesday after the first Monday in March of each odd-numbered year,” and the “first Tuesday after the first Monday in November of each year.” Elec. Code § 1000(b), (e). However, because a special election must occur n o less than 114 days from the call of the special election, even i f the special election is called today, it could occur no earlier than March 30, 2023. The esta blished election date for March of 2023 is March 7, 2023. Therefore, the earliest the special election to fill the council seat could occur is the next established election date, which is November 7, 2023.
A special election in November of 2023 could cost the City upward of $165,000. The cost (through June 2023) for a special election is $10/registered voter. The City has 16,568 registered voters. A special election could cost the City about $165,000, more if the county registrar raises its rates in June, or less if another jurisdiction also needs to hold a special election.
Appointment of councilmember following an application and interview process.
A second option for the Council is accept applications and conduct interviews to fill the vacancy.
This is the process the Council adopted in 2018 when last there was a vacancy, and it is replicated here with updated dates. The attached resolution proposes the following timeline/procedures for selecting an individual to fill the vacant council seat:
1. Applications submittal period begins on December 7 , 2022, at start of business, and will close on January 3, 2023, at 5:00 p.m. Early and late applications will not be accepted.
2. Applicants must be registered voters and residents of the City.
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3. A pplications m ust include the applicant’s full name, address, statement stating that applicant is a registered voter of the City, and a statement of qualifications.
4. All applications are a public record pursuant to the California Public Records Act (and also subject to the same exemptions).
5. The City Council will interview applicants on _______________, 2023 at ________ during a publicly noticed “town hall” -style public meeting. City resid ents who are reg istered voters of the City may submit questions to be read by the City Council at the meeting.
These questions must be submitted to the City Clerk ’s Office by January 3, 20 23 at 5:00 p.m.
6. At its regular meeting on January 17, 2023 (or a t a later meetin g of the Council ’s choosing), the City Council will meet for the purpose of appointing an applicant to the City Council. The process will be as follows:
a. Discussion of applicants by Mayor and Council.
b. The Mayor shall make the appoint ment subject to the ratification by the full City Council.
c. Ratification o f an appointment shal l require three affirmative votes of the City Council. The Mayor may also vote and be counted.
7. The failur e to strictly adhere to these guidelines will not a ffect the legality and effectiveness of any appointment made.
8. These p rocedures and timelines will no longer be effective upon an indivi dual being appointed to fill the vacancy.
Specify the appointment of a specific individual
The Mayor and Council can also choose an individual who is willing to serve at this meeting, and direct the City Attorney to return at the next meeting with a resolution memorializing their choice.
At that time, the individual would be sworn into office and would immediately begin serving.
How long a councilmember who fills a vacant seat serves depends on how the seat is filled.
• If the councilmember fills the vacant seat following a special election, they will fill that seat until the expiration of the vacant seat’s term.
• If the councilmember is appointed:
• (A) 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, Item 19
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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.
• (B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
Here, the appointed councilmember will hold office for the unexpired balance of the vacated seat’s term, as the vacancy occurred in the second half of the former incumbent’s term.
STAFF RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2022- ____: A Resolution of the City Council of the City of Suisun City Adopting Procedures Relating to the Filling of a Vacancy on the City Council.
ATTACHMENTS:
1. Resolution No. 2022-___ A Resolution of the City Council of the City of Suisun City Adopting Procedures Relating to the Filling of a Vacancy on the City Council.
2. PowerPoint Presentation.
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RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUISUN CITY ADOPTING PROCEDURES RELATING TO THE
FILLING OF A VACANCY ON THE CITY COUNCIL
WHEREAS, the City of Suisun City (“City”) held a general municipal election on November 8, 2022, at which time a city council m ember was elected to the office of the Mayor; and
WHEREAS, upon certification of the results of the November 8, 2022, election and administration of oaths of office, there will be a vacancy on the City Council; and WHEREAS, the City Council has not adopted any specific procedures for the selection of an individual to fill such a vacancy other than those requirements under the City’s municipal code and State law; and
WHEREAS, the City Council now desires to adopt such procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun City as follows:
Section 1. The recitals hereto are true and correct and by this reference incorporated herein.
Section 2. The City Council hereby adopts the selection procedures, schedule and application as attached in Exhibit “A” and incorporated herein by this reference for the filling of the vacancy on the City Council resulting from the general municipal election occurring on November 8, 2022, provided that such procedures and s chedules shall be guidelines only and failure to strictly adhere to such guidelines shall not affect the legality and effectiveness of any appointment made thereunder.
Section 3. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 4. This Resolution shall take ef fect and be in full force immediately after its adoption by the City Council, and shall expire upon the appointment of an individual to the vacant City Council seat.
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Resolution No. 2022-
Adopted
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PASSED AND ADOPTED by the City Council of the City of Suisun City at a regular meeting thereof held on the 6th day of December, 2022 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
WITNESS my hand and the seal of said City this 6th day of December 2022.
_________________________________
Anita Skinner
City Clerk
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01107.0001/841039.1 - 1 -
Exhibit “A”
Selection Procedures
1. Application Period . Application submittal period shall begin on December 7, 2022, at the start of business, and shall close on January 3, 2023, at 5:00 p.m. Applications received after 5:00 p.m . on January 3, 2023 shall not be accepted. No applications shall be accepted prior to December 7, 2022.
2. Qualifications. Applicants shall be a resident of the City and a registered voter of the City.
3. Application Contents. Applications shall include the following information:
3.1 Applicant’s full name
3.2 Applicant’s address
3.3 Statement stating whether the applicant is a registered voter of the City
3.4 Statement of Qualifications
3.5 Questionnaire
4. Public Record. All submitted applications shall be public records pursuant to the California Public Records Act and subject to the exemptions found thereunder. The Statement of Qualifications for each applicant will be posted on the City’s web site. Hard copies of all applications will be made available at City Hall as required by the Public Records Act.
5. Selection Process.
5.1 Interview. The City Council will interview applicants on January _____, 2023, at ________. The interview will be a “town hall” style meeting and will be noticed and agendized as a public meeting of the City Council.
5.1.1 Prior to the interview, if more than five individuals have applied, the Mayor, in her discretion, may limit the number of applicants to be interviewed to no less than five and no more than ten.
5.1.2 City residents who are registered voters of the City may submit questions to be read by the C ity at the meeting. The City is not required to ask all questions that are submitted. Such questions shall be submitted by January 3, 2023 at 5:00 p.m.
5.2 Appointment. The City Council will meet at its regular meeting on January 17, 2023, for the purpose of appointing an applicant to the City Council.
5.2.1 The Mayor shall make the appointment subject to ratific ation by the full City Council.
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01107.0001/841039.1 -2-
5.2.2 Ratification of an appointment shall require three affirmative votes of the City Council. The Mayor may also vote and be counted.
Schedule of Events
December 7, 2022
Open application period . Starting on December 7, 2023 , individuals desiring to be appointed to the City Council may submit an application to the City Clerk.
Applications must include a Statement of Qualifications , which will be posted on the City’s website.
January 3, 2023
5:00 p.m.
Close application period. Applications must be filed with the City Clerk’s office by 5:00 p.m. on January 3, 2023.
EARLY OR LATE APPLICATIONS WILL NOT BE
ACCEPTED.
January 3, 2023
5:00 p.m.
Last day for City registered voters to submit questions to be read at the January ___, 2023, “town hall” style meeting.
January ___, 2023,
______
A “town hall” style meeting will be held and agendized as a public meeting for interviewing of council candidates.
January 17, 2023 Regular meeting of the City Council to make a n appointment.
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Filling a Vacancy on Council
Elena Q. Gerli, City Attorney
Council vacancy
COUNCIL VACANCY
Upon Mayor Pro Tem’s (MPT) swearing in as
elected mayor, her council seat will automatically
be vacated
MPT’s councilmember term terminates in December
2024
Council can appoint a councilmember to fill the
vacancy or call a special election
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APPLICABLE LAW
Gov’t Code 36512: provides authority for council
to appoint, or to call a special election.
Must either appoint or call the special election
within 60 days of vacancy
March 7, 2023
SCMC 2.04.040 (refers back to Gov’t Code)
Rule 2.3, Council Norms and Procedures (Reso No.
2022-108): Mayor appoints, with Council’s consent
3 OPTIONS
1. Call a special election for the next available
election, to be held no earlier than 114 days
2. Adopt an application process to appoint
someone
3. Appoint a specific individual, at Council direction
4. Provide other direction
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CALLING A SPECIAL ELECTION
Call a special election for the next established
election date
Requirement: cannot be earlier than 114 days
from the date the special election is called
Established election dates in 2023: March 7, 2023
and November 7, 2023
Cost: $165,000
$10/registered voter (FY 2022-23 Registrar fees)
16,568 voters
If fees increase for FY 2023-24, cost could be higher
If other jurisdictions have to run special elections, could be lower
5 APPOINTMENT AFTER APPLICATIONS
No statutory requirements re process (must be 18,
resident of City)
Template process from last council vacancy
Applications + statement of qualifications
Ad hoc committee holds town hall style interview process, public may submit questions
Next regular CC meeting, ad hoc makes
recommendation on appointment
If CC does not follow recommendation Election!
Seat will be filled for the remainder of the term
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APPOINTMENT OF SPECIFIC INDIVIDUAL
Mayor, with Council consent, can appoint a specific
individual
Direct City Attorney to return at next meeting with
resolution reflecting appointment
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