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sr-022409-4a~~ „/~ RQ City of Clt~( ~®~C C\/'' ^ 0~ip®~ Santa Monica City Council Meeting: February 24, 2009 Agenda Item: To: Mayor and City Council From: Maria M. Stewart; City Clerk Subject: Appointment of Applicant to Unscheduled Vacancy on the City Council; or, Adoption of Resolution Calling a Special Election to Fill Vacancy Through November 2010 Recommended Action Staff recommends that Council review and consider the applications submitted by parties interested in being appointed to the unscheduled vacancy on the City Council and make an appointment to fill the Council vacancy; or adopt a resolution calling a special election to fill the vacancy, and direct staff to return with an ordinance establishing election procedures for the conduct of the special election. Executive Summary At the January 27, 2009 Council Meeting, Council adopted a resolution declaring former Councilmember Herb Katz' seat vacant. The City Clerk was directed to publish the vacancy and invite applications and letters of interest to be presented to the Council at this meeting for possible appointment. Twenty-seven applications were received by the February 17, 2009 deadline, and are now presented to Council for consideration. As provided for in Section 603 of the City Charter, should Council fail to fill the vacancy within 30 days of declaring a vacancy, Council shall call an election to fill the vacancy. Background On January 7, 2009, Councilmember Herb Katz passed away after many years of service to the City. On January 27, the City Council adopted a resolution declaring the seat vacant and directed staff to invite letters of interest in order to proceed with the appointment process to fill the vacancy, as provided for in Section 603 of the City Charter. 1 Twenty-seven applications were received by the deadline set by Council. The applications are from the following residents: Barbara Elizabeth Andres, John Blakely, Christian Boyce, Melinda Culea, Gleam Davis, Oscar De la Torre, Myang Deering, Matteo Dinolfo, William Nole Evans, Ann Greenspun, Susan J. Hartley, Patricia Hoffman, Dinah Minot Hubley, Richard Kale, Daniel Klein, Michael Kovac, Tim Maher, Jonathan Mann, Terry O'Day, Linda Piera-Avila, Gordon Potik, Gwynne Pugh, Steven Rodman, Herbert Silverstein, Kecia Brooke Weller, Ted Winterer, and Jean McNeil Wyner. The applications received are submitted as an attachment to this report. In accordance with City Charter Section 603, if no appointment is made to the vacant seat within 30 days of declaring a Council vacancy, Council must call a special election to fill the unscheduled vacancy. Election Information The California Election Code provides that the City Council may call a special election no earlier than 114 days from the date the election is called. Based on this provision, June 18, 2009 is the earliest date on which an election may be set. Santa Monica Municipal Code Section 11.04.180 provides that the City Council may set the date of a special election by resolution, on an established election date as provided for by the California Elections Code, or on any other date as the City Council may select as permitted by law. Council may call a special election on or after June 18, 2009. The next possible date in which Los Angeles County Clerk-Recorder's Office plans to hold an election with which the City can consolidate is on November 3, 2009. The City may also hold a stand alone election. Within the last 15 years, the City has held two stand-alone elections. One was atwo-day weekend election in April of 1999 to fill an unscheduled vacancy. The voter turn out was 27%. The second was an "all-mail" election held in March of 2003 to place a qualified measure on the ballot, and the voter turn out was 33°l°. 2 Discussion If Council makes an appointment to the vacant seat at this meeting, the appointee may be sworn immediately and assume his/her seat, or may be sworn in at the Special March 3, 2009, meeting and assume the vacant seat at that time. If no appointment is made at this meeting, staff recommends that Council adopt a resolution calling a special municipal election, and direct staff to return with ah ordinance establishing procedures for the conduct of the special election. Council may set the date of the election at this time, or set the date of the election at the March 3, 2009 meeting, when staff returns with the ordinance establishing procedures for the conduct of the election. Financial impacts & Budget Actions Appointment of an applicant by the City Council to fill the unscheduled vacancy will have no financial impact. If Council does not make an appointment and calls a special election to fill the vacancy the cost of the election is estimated to be between $125,000 and $150,000. If Council calls a special election and consolidates it with the County's November 3rd election, the cost will probably be less. The cost of the consolidated election will be pro-rated by the County amongst participating cities, and will depend on the number of cities that are consolidating with the County. Prepared by: Maria M. Stewart, City Clerk Attachments: Applications Resolution Calling Special Municipal Election Approved: Forwarded to Council: ~ ~- ~ fir` ~~. ~ 1,~.., Maria M. Stewart P. Lamont Ewell Director, Records & Election Services City Manager 3 RESOLUTION NO. _ (CCS) A RESOLUTION DF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON , 2009, FOR THE ELECTION OF A CITY COUNCILMEMBER TO FILL A VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES WHEREAS, a vacancy in the office of the City Council was created by the death of Councilmember Herb Katz on January 7, 2009; and WHEREAS, the term of the office in which the vacancy occurs ends November 6, 2012; NOW,. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, DOES RESOLVE DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to Santa Monica Municipal Code Section 11.04.180, is authorized to set the date of a special election by resolution, and that the City Council may set the date of a special election on an established election date as provided for by the California Elections Code or on any other date. as the City Council may selecf as permitted by law. SECTION 2. That pursuant to the requirements of the laws of the State of California and the City of Santa Monica, there is called and ordered to be held in the City of Santa Monica, California, on , 2009, a Special Municipal Election for the purpose of filling a vacancy on the City Council which was created by the death of Councilmember Herb Katz. The person elected shall serve through the next regularly scheduled general municipal election, which is anticipated to be held on November 2, 2010. As provided for Santa Monica Charter Section 603, at the next regularly scheduled general municipal election this vacant office shall again be placed on the ballot and a Councilmember shall be elected to serve for the remainder of the unexpired term of the vacant office. The term of the vacant office expires November 6, 2012. SECTION 3. 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 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AS TO FORM: Y'~'~ Mar a Jon outrie City orne ..__.._._ ................ ..... ......... FEB 2 4 2009 FtECi:iYED arl=lce oe 7HI: 2QQ9 FEB - 9 Phi !2~ 23 Date: February 9, 2009 To: City Council From: Board of Directors, Ocean Park Association Re: Selection of New Councilmember by Appointing Next Place Finisher in 2008 Election Dear Mayor Genser and Honorable City Council members, We urge the City Council to use the November 2008 Council election as a guide to filling the seat of former Mayor Katz. Because this election is not even 3 months in the past, it establishes a clear guide to the current will of the people of Santa Monica. This guide would call for the seat to be first offered to Ted Winterer, and if he chose not to serve, next to Susan Hartley, and so on. The recent election turnout of over 87% was exceptional, rendering it a clear mandate of the people. For this reason, the Ocean Park Association Board of Directors urges the City Council to accept the will of the people and fill former Mayor Katz's Council seat using the election results as a guide. Respectfully, Mary rlow, President Oc an ark Association DEB S 4 20 n Additional attachments available for review in the City Clerk's Office.