111 E. Commercial Street
Willits, California 95490
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WILLITS CITY COUNCIL
AGENDA
SPECIAL MEETING
DECEMBER 17, 2024 | 6:30 PM
1. OPENING MATTERS
a. Call to Order. | b. Pledge to Flag. | c. Roll Call.
2. PUBLIC COMMUNICATIONS
Council welcomes participation in its meetings. Comments shall be limited to three (3) minutes per person so that everyone may be given an opportunity to be heard. To expedite matters and avoid repetition, whenever any group of persons wishes to address the Council on the same subject matter, the Mayor may request that a spokesperson be chosen by the group. This item is limited to matters under the jurisdiction of the City Council which are not on the posted agenda. Public criticism of the City Council, Commission, Boards and Agencies will not be prohibited. No action shall be taken.
3. ACTION ITEM
a. Discussion and Possible Action to Adopt a Resolution Setting Forth the Process and Schedule for Filling the Vacant Council Seat Held by Former Council Member Greta Kanne.
4. ADJOURNMENT
Right to Appeal - Persons who are dissatisfied with the decisions of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the Code of Civil Procedure, which generally limits to 90 days the time within which the decisions of the City boards and agencies may be judicially challenged.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Willits City Hall, located at 111 East Commercial Street, Willits, California, not less than 72-hours prior to the meeting set forth on this agenda.
Dated this 13th day of December, 2024.
Delores Pedersen, City Clerk
Americans with Disabilities Act (ADA) Compliance
If you need assistance to attend or participate in a City Council meeting, please contact the City Clerk’s office at 707.459.7113 or Fax .707.459.1562. Notification at least 48-hours prior to the meeting will assist the City Clerk in assuring that reasonable accommodations are made to provide accessibility to the meeting. Our meeting room is wheelchair accessible and ADA parking is available.
Additional Meeting Information for Interested Parties
Materials related to an item on this Agenda submitted to the Willits City Council, Planning Commission, or Community Development Agency after distribution of the agenda packet are available for public inspection at City Clerk’s office at 111 E. Commercial Street, Willits, during normal business hours, Monday through Thursday 9 AM to 5:30 PM.
Item No. 3a
Meeting Date: December 17, 2024
AGENDA SUMMARY REPORT
To: Honorable Mayor and Council Members
From: James Lance, City Attorney
Agenda Title: DISCUSSION AND POSSIBLE ACTION TO ADOPT A RESOLUTION SETTING FORTH
THE PROCESS AND SCHEDULE FOR FILLING THE VACANT COUNCIL SEAT HELD BY FORMER COUNCIL MEMBER GRETA KANNE.
Type: Presentation Consent Regular Agenda Public Hearing Urgent Time: 15 minutes.
Summary of Request: That the City Council determine whether to fill the vacancy in the City Council seat held by former Councilmember Greta Kanne (1) by appointment of the Council or (2) by way of a special election to be held on November 4, 2025. If the Council chooses to fill by appointment, approve a Resolution adopting the process for filling the vacancy and determine dates for inclusion in the Resolution for filing of applications and for conducting interviews and selection of an applicant. If the Council instead chooses to fill the vacancy by special election, direct staff to present a Resolution calling an election to the Council at a future meeting.
Discussion: Former Councilmember Greta Kanne resigned her seat on the Council effective December 11, 2024.
Under state law, the Council must, within 60 days following notice of the vacancy (i.e., before February 9, 2025), either call a special election or fill the vacancy by appointment. The successor Councilmember may serve until the expiration of Councilmember Kanne’s term which is December 2026.
The person appointed or elected must be:
• a resident of the city;
• a registered voter; and
• a United States citizen 18 years of age or older.
A. Election Process: If the Council chooses to fill the vacancy by election, the Council must adopt a Resolution before February 9, 2025, calling for a special election at the next regularly established election date that is NOT less than 114 days from the call of the election. That date is November 4, 2025. Note: the earlier regularly established election date of March 4, 2025, is not an option for a special election as that date would be less than 114 days from the call of the election.
B. Appointment Process: If the Council chooses to fill the vacancy by appointment, the attached Resolution provides an appointment process. The process requires posting of the vacancy with an invitation to eligible residents of the City to submit applications. Applicants for appointment will thereafter be considered at a regular or special meeting of the Council. Applicants will have an opportunity to address the Council, and the public will have an opportunity to comment.
The accompanying Resolution provides for a suggested application submission deadline which the Council should consider. Sufficient time should be allowed for posting the application process on the City website and publication in the newspaper. The Council can then consider the applications received, conduct interviews, and fill the vacancy at the January 22nd regular meeting or at a special meeting. The Council may choose an alternate submission deadline and schedule special meetings as needed to accommodate the appointment process and ensure that the appointment is made before February 9th.
There is no prescribed process in the Government Code regulating how an appointment to the Council is to be made.
The process is a matter of Council discretion, however, should the Council elect to appoint a new member, it is staff’s recommendation that the Council utilize a transparent appointment process with public participation as outlined in the attached Resolution.
Recommended Action: Provide direction to staff to either fill the vacancy by appointment or to call for a special election within the times required by law.
Alternative(s): Take no action.
Fiscal Impact: The County Elections Office has provided an estimated cost of $34,000 to $38,000 for its service in conducting the special election.
The cost to publish notice of the vacant position and receipt of applications to fill the position by appointment will be minimal.
Personnel Impact: There will be some personnel impact, particularly for the City Clerk, in filling the vacancy by either appointment or by election
Identified City Council Conflict of Interest: Not applicable. 2021 Adopted Goals: Not applicable.
California Environmental Quality Act: Not applicable.
This Item Relates to the following General Plan Element : N/A Land Use Circulation Conservation and Open Space Noise Housing Public Services and Facilities, Parks and Recreation Economic Development
Reviewed by: City Manager City Attorney Assistant City Manager City Clerk Finance Director Human Resources
Council Action: Approved Denied Other: ________________________________________ Records: Agreement Resolution #_________ Ordinance #_________ Other _________ 1 RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS ADOPTING A PROCESS FOR FILLING OF VACANCY ON THE CITY COUNCIL BY APPOINTMENT.
WHEREAS, Councilmember Kanne has resigned her seat on the Willits City Council resulting in a vacancy for her position as Councilmember; and
WHEREAS, under Elections Code 36512 the City Council must fill a vacancy on the City Council within sixty 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 Willits hereby resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by reference.
SECTION 2. The City Council hereby adopts a process for filling the vacancy on the City Council by appointment as follows:
A. Invitation for Applications.
The City Clerk shall post a notice of the vacancy and invite applications from Willits residents for appointment to the vacancy. The notice shall be posted at City Hall and on the City's website.
The City Clerk shall employ the usual communication methods to alert City residents, interested groups, and individuals who have requested copies of City Council agendas. The notice shall be submitted to the newspaper of general circulation which prints the City's legal notices. The notice shall provide a deadline of _________ at 5:30 pm, for submission of applications and provide that applications may be submitted electronically, in person, or by mail.
B. Application Form.
The City Clerk shall post an application form on the City's website and provide a copy of an application form to any person who requests an application. The City Clerk shall prepare an application form which shall include name, contact information (address, email, phone number), section for background information, and section for statement of reasons why he or she should be appointed. The application form must state that applicants must be at least 18 years old, a resident of Willits, and a registered voter. The application must be signed and dated by the applicant.
C. Consideration of Applications and Appointment.
The Council shall consider the applications at a regular meeting on January 22, 2025 or a special meeting of the City Council to be held before February 9, 2025.
Persons who have submitted an application shall have an opportunity to address the Council, and the Council may ask questions of the applicants.
The public shall have the opportunity to comment upon the candidates as a part of the agenda 2 item.
No discussion of the candidates may be had in closed session.
An appointment will be approved by Resolution and deemed to have been made upon a motion made and seconded and having received at least three (3) affirmative votes. Upon an appointment having been made, the successful candidate shall, at that meeting or at a subsequent regular City Council meeting, take the oath of office and be seated with the City Council. No appointment shall be deemed to have been completed and become effective until the appointee takes the oath of office.
SECTION 3. Powers and Duties of Appointed Person.
The person appointed to the City Council shall serve the unexpired term for Councilmember Kanne. The appointed Councilmember shall have all of the rights, privileges, and duties of an elected Councilmember. The appointed Councilmember shall complete and file all conflictof-interest disclosure forms as are required by law and shall be bound by and obey all other requirements pertaining to membership on the City Council.
SECTION 4. 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 5. Implementation of Appointment Process.
The City Manager, City Clerk, and City Attorney are authorized and directed to take such actions as may be necessary or convenient to give effect to the foregoing action.
SECTION 6. Effective Date.
The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
The above and foregoing Resolution was introduced by Councilmember Stranske seconded by Councilmember Strong, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
______________________________
________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits
DELORES PEDERSEN
City Clerk
1 RESOLUTION NO. 2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILLITS CALLING FOR A SPECIAL ELLECION TO FILL COUNCIL VACANCY.
WHEREAS, Councilmember Kanne has resigned her seat on the Willits City Council resulting in a vacancy for her position as councilmember; and WHEREAS, under Elections Code 36512 the City Council must fill a vacancy, on the City Council, within sixty 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 election pursuant to CA Elections Code section 36512(b)(1).
NOW, THEREFORE, the City Council of the City of Willits hereby resolves as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by reference.
SECTION 2. The City Council hereby calls for filling the vacancy on the City Council by special election on the next regularly established election date of November 4, 2025.
SECTION 3. Powers and Duties of Elected Person.
The person elected to the City Council shall serve the unexpired term of Councilmember Kanne. The elected Councilmember shall complete and file all conflict-of-interest disclosure forms as are required by law and shall be bound by and obey all other requirements pertaining to membership on the City Council.
SECTION 4. 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 5. Implementation of Election Process.
The City Manager, City Clerk, and City Attorney are directed to take such actions as necessary or convenient to give effect to the foregoing action.
SECTION 6. Pursuant to Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of Mendocino to make available the services of the Registrar of Voters for the purpose of performing the usual services necessary in the conduct of the consolidated general municipal election, including the provisions of election supplies and voters' pamphlets; and that upon approval of such requests, the Registrar of Voters of the County of Mendocino shall be reimbursed for all costs incurred by said services. 2 SECTION 7. Effective Date. This Resolution shall take effect upon adoption.
The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
The above and foregoing Resolution was introduced by Councilmember Stranske seconded by Councilmember Strong, and passed and adopted at a regular meeting of the City Council of the City of Willits, held on the 17th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
___________________
________________________________
LARRY STRANSKE, Mayor
City Council of the City of Willits
DELORES PEDERSEN
City Clerk