sr-022310-4aCity Council Afleeting: t~ebruary 23, 2010
Agenda Item: ~'~"°'~
Ta 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 2012
Recommended Action
Staff recommends that Council consider the applicants that have declared their interest
in being appointed to the unscheduled vacancy on the City Council and make an
appointment to fill the Council vacancy; or adopt a
fill the vacancy, and direct staff to return with
procedures for the conduct of the special election.
Executive Summary
resolution calling a special election to
an ordinance establishing election
At the January 26, 2010 Council Meeting, Council adopted a resolution declaring former
Mayor Ken Censer's seat vacant and developed a process for accepting declarations of
interest directly from the principals. Declarations having been received, staff
recommends the City Council make an appointment to the vacancy. 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 9, 2010, Mayor Ken Censer passed away after many years of service to the
City. On January 26th, the City Council adopted a resolution declaring the seat vacant
and approved a process for interested parties to communicate their interest directly to
Councilmembers in order to proceed with the appointment process to fill the vacancy,
as provided for in Section 603 of the City Charter.
Declarations of interest having been received directly by Councilmembers, the City
Council may now consider making an appointment. 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
California Election Code Section 10220 provides that the filing period for any elective
office may be no earlier than the 113th day or later than the 88th day before a municipal
election. Therefore, an election to fill a vacancy may not be called earlier than 114 days
before the election. Should Council opt to call a special election to fill the vacancy,
June 22, 2010 is the earliest date on which a Tuesday 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 set the date for a special election on or after June 22,
2010.
Although Los Angeles County is holding an election on June 8, 2010, with which the
City could consolidate a municipal election, such consolidation would not allow for the
required candidate filing period cited in the above paragraph. The candidate filing
period for the June 8th election is from February 15 to March 12, 2010.
The next possible date in which Los Angeles County Clerk-Recorder's Office plans to
hold an election with which the Gity can consolidate is on November 2, 2010. 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 stand-alone election
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%.
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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 next regularly
scheduled meeting on March 9, 2010, 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 an
ordinance establishing procedures for the conduct of the special 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 2rd. 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: Resolution Calling Special Municipal Election
Approved:
-~~ 1
Maria M. Stewart
Director, Records & Election Services
Forwarded to Council:
Rod Gould
City Manager
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RESOLUTION NO. _ (CCS)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA CALLING FOR THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION ON , 2010,
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 Ken Censer on January 9, 20109; 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 select as permitted by iaw.
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 , 2010, a Special Municipal
Election for the purpose of the election of a Councilmember for the term of office in which
the vacancy was created by the death of Councilmember Ken Censer which term expires
November 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:
Mar a Jon Moutrie
City ttorn