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HomeMy WebLinkAbout8.3 City Council Vacancyor~U.~~ CITY CLERK J ~ X11 File # ^~^^~'0© ~- ~ -~• s~ C~ \~'!~T rte,.-..~11~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 2, 2008 SUBJECT: City Council Vacancy Created by Election of Councilmember Sbranti as Mayor at the 2008 General Municipal Election Report Prepared by Joni Pattillo, City Manager ATTACHMENTS: RECOMMENDATION: FINANCIAL STATEME DESCRIPTION: 1. Government Code Section 36512 2. Dublin City Council Resolution 25-08, Rules for the Conduct of Meetings of the City Council 3. Appointments to the Council (History) 4. Draft Application to Serve on City Council 5. Government Code Section 1000 6. Government Code Section 1400 Discuss options and provide direction to Staff. No funding is included in the budget for a Special Election on June 2, 2009. The election would be astand-alone-election at an estimated cost of $106,165. (21,233 registered voters at $5.00 each) It appears from the preliminary vote count that Councilmember Sbranti was elected as the Mayor of Dublin on November 4, 2008. Staff anticipates receiving the official results from the Registrar of Voters to be certified by the City Council at the December 2, 2008 City Council Meeting. Councilmember Sbranti's term as Mayor would then become effective on December 2, 2008, when he is sworn in to office. His current term on the City Council does not expire until December 2010. As a result, effective December 2, 2008, there will be a vacancy on the City Council The Council's options to fill the vacant City Council position follow: 1: Make an appointment by January 1, 2009 (no financial impact); or, 2: Hold a Special Election on June 2, 2009 (will incur special election costs); or, 3: Adopt an Urgency Ordinance to allow the City Council to Call a Special Election and Appoint a Temporary Successor until a Permanent Successor is elected at the Special Election on June. 2, 2009 (will incur special election costs). ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of 5 ITEM NO. • n The City Council does not have a fourth option of doing nothing until the November 2010 election. Government Code Section 36512 (Attachment 1) provides that if a vacancy occurs, the City Council either "shall" fill the vacancy by appointment, "shall" call a special election, or may enact an ordinance which "requires" that a special election be called to fill the vacancy, and appoint a temporary successor until a permanent successor is elected. The language for these options is mandatory and the statute does not provide for a no-action option ANALYSIS: Option 1 The City Council may appoint a successor within 30 days of the vacancy, who would hold office for the unexpired term of the former incumbent (December 2010). Gov't. Code Section 36512(b) (Attachment 1). Three of the four members of the City Council would have to agree on a successor. A successor would therefore need to be appointed by January 1, 2009. The appointed Councilmember would hold office until December 2010, when Councilmember Sbranti's term would have expired. City Resolution No. 25-08 (Attachment 2), establishing rules for the conduct of meetings, provides in Section 19 that when a vacancy occurs on the City Council, and the City Council wants to appoint a replacement, it will do so only at a meeting at which all remaining Councilmembers are present. Thus, unless the City Council amends its rules, it can appoint a successor within 30 days of December 2, 2008, only if the Mayor and three other Councilmembers are present. If the City Council does appoint a successor, it must follow Roberts Rules of Order. (Resolution No. 25- 08, section l l.h.) (Attachment 2) Under Roberts Rules, more than one person may be nominated until one person receives at least three votes. The City Council would therefore vote on the first person nominated and if that person fails to receive three votes, the City Council would vote on the second name and so forth until one person receives a majority vote. (Note: The City of Dublin has filled three unscheduled Councilmember vacancies and one Mayoral vacancy on the City Council since incorporation. Two of the Councilmember vacancies were filled using an application/interview/appointment process and one vacancy was filled by holding a Special Election. The Mayoral vacancy was filled by appointment. A history of each appointment process is attached for your reference (Attachment 3)). The process for Option 1 is as follows: 1. Determine selection method for nominees. a. Application. 1) Establish questions for application (Attachment 4*). 2) Determine open application period. 3) Set date and time of interviews, e.g., Regular City Council meeting, Special City Council meeting. 4) Set date and time of nominations, e.g., Regular City Council meeting, Special City Council meeting. 2. * *Nomination process at Regular City Council meeting, Special City Council meeting. *Staff has developed a draft application for City Council consideration. * *Nomination process by Roberts Rules of Order. Note: The City Council is required to consider who to appoint, and to make the appointment, in open session, pursuant to the Brown Act. Page 2 of 5 Option 2: Hold a Special Election Within 30 days of the vacancy, the City Council may call a special election. Again, this requires a vote of three of the remaining four'members of the City Council. The special election would then be held at the next regularly established election date not less than 114 days from the call of the special election. Gov't. Code Section 36512(b). The special election would therefore need to be called by January 1, 2009. Whether the Council decides at its December 2 or 16 meeting to call a special election, the election would be held on June 2, 2009. (Elections Code sections 1000, 1400.) (Attachments 5 and 6) The specially elected Councilmember would hold office until December 2010, when Councilmember Sbranti's term would have expired. (If Council selects this option, adoption of a Resolution and approval of a Budget Change will be required.) The process for Option 2 is as follows: 1. Adopt Resolutions to call a Special Election and adopt Budget Change. 2. Establish election calendar for June 2, 2009 Special Election. a. Per Election calendar, determine opening date for Nomination Period and proceed with established City and Election Code guidelines for nomination of candidates and election. Option 3: Adopt an Urgency Ordinance to Allow the City Council to Call a Special Election and Appoint a Temporary Successor until a Permanent Successor is Elected at the Special Election The City Council may do the following within 30 days of the vacancy: (a) Adopt an urgency ordinance providing for this option (which would require a vote of all four members of the City Council). (Gov't Code Section 36512(c)(3).) (Attachment 1), and (b) Call a Special Election; and (c) Appoint an individual, by the same nomination process outlined above in Option 1, to fill the vacancy until the Special Election. Therefore, by January 1, 2009, the remaining City Council would need to call the election, appoint the individual, and adopt the urgency ordinance, which would be effective immediately. The appointed Councilmember would only hold office until the special election (June 2, 2009), at which time a permanent Councilmember would be elected. The Councilmember would then hold office for the remainder of Councilmember Sbranti's term (December 2010). In conclusion, with this scenario, a person would be appointed to serve until the results of a special election in June 2009 were declared and the person elected would serve until the results of the November 2010 election are declared. (If the City Council selects this option, adoption of a Resolution and a Budget Change will be required.) The urgency ordinance must apply to all vacancies, not just this vacancy, and would apply to vacancies in the office of Councilmember and Mayor for as long as it is in effect. Page 3 of 5 The process for Option 3 is as follows: 1. Adopt urgency ordinance (4 votes required). 2. Determine selection method for nominees. a. Application. 1) Establish questions for application (Attachment 4*). 2) Determine open application period. 3) Set date and time of interviews, e.g., Regular City Council meeting, Special City Council meeting. 4) Set date and time of nominations, e.g., Regular City Council meeting, Special City Council meeting. 3. * *Nomination process at Regular City Council meeting, Special City Council meeting. 4. Adopt Resolutions to call a Special Election and adopt Budget Change. 5. Establish election calendar for June 2, 2009 Special Election. a. Per election calendar, determine opening date for Nomination Period and proceed with established City and Election Code guidelines for nomination of candidates and election. * Staff has developed a draft application for City Council consideration. * *Nomination process by Roberts Rules of Order. Note: The City Council is required to consider who to appoint, and to make the appointment, in open session, pursuant to the Brown Act. RECOMMENDATION: Discuss the following options and provide direction to Staff. Staff will report back with the required documents for the selected option within the 30-day time limit. O,~tion 1: Appoint a successor within 30.days of the vacancy. 1. Determine selection method for nominees. a. Application. 1) Establish questions for application (Attachment 4*). 2) Determine open application period. 3) Set date and time of interviews, e.g., Regular City Council meeting, Special City Council meeting. 4) Set date and time of nominations, e.g., Regular City Council meeting, Special City Council meeting. 2. **Nomination process at Regular City Council meeting, Special City Council meeting. *Staff has developed a draft application for City Council consideration. * *Nomination process by Roberts Rules of Order. Note: The City Council is required to consider who to appoint, and to make the appointment, in open session, pursuant to the Brown Act. Page 4 of 5 Option 2: Hold a Special Election to fill City Councilmember vacancy. 1. Adopt Resolutions to call a Special Election and adopt Budget Change. 2. Establish election calendar for June 2, 2009 Special Election. a. Per Election calendar, determine opening date for Nomination Period and proceed with established City and Election Code guidelines for nomination of candidates and election. Option 3: Adopt an Urgency Ordinance to allow the City Council to call a Special Election and appoint a temporary successor until a permanent successor is elected at the Special Election. Adopt Urgency Ordinance which would be effective immediately related to vacancies on the City Council. 1. Adopt urgency ordinance (4 votes required). 2. Determine selection method for nominees. a. Application 1) Establish questions for application (Attachment 4*). 2) Determine open application period. 3) Set date and time of interviews, e.g., Regular City Council meeting, Special City Council meeting. 4) Set date and time of nominations, e.g., Regular City Council meeting, Special City Council meeting. 3. * *Nomination procedure at Regular City Council meeting, Special City Council meeting. 4. Adopt Resolutions to call a Special Election and adopt Budget Change. 5. Establish election calendar for June 2, 2009 Special Election. a. Per election calendar, determine opening date for Nomination Period and proceed with established City and Election Code guidelines for nomination of candidates and election. * Staff has developed a draft application for City Council consideration. * *Nomination process by Roberts Rules of Order. Note: The City Council is required to consider who to appoint, and to make the appointment, in open session, pursuant to the Brown Act. Page 5 of 5 ~~ ~~ Government Code Section 36512 36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b ). If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. 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. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance which: (1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that 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. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body which has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. . Attachment 1 .~;~~w RESOLUTION N0.25 - 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF MEETINGS OF THE CITY COUNCIL (REPLACING RESOLUTION NO.156-O1) WHEREAS, from time to time, the City Council amends and restates the Rules for the Conduct of Meetings of the City Council, and the Rules were last restated by Resolution No. 156-01; and WHEREAS, the City Council wishes to amend and restate the Rules to add an additional provision to prohibit Councilmembers from engaging in political activities during meetings of the City Council. NOW, THEREFORE, BE IT RESOLVED that all other previous Rules related to the conduct of meetings of the City Council. aze restated, as follows: 1. REGULAR MEETINGS a. Time Regulaz meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 7:00 p.m., except that Closed Session Items shall be held at 6:30 p.m. Whenever the day fixed for any regulaz meeting of the Council falls upon a day designated as a holiday, such meeting will be held at the same hour on the next succeeding day not a holiday. b. Place All regulaz meetings of the Council shall be held at the Civic Center, as designated by Ordinance. c. Public All meetings of the Council shall be open to the public; provided, however, the City Council may hold closed sessions as provided by the laws of the State of California. 2. SPECIAL MEETINGS A special meeting may be ordered at any time by the Mayor whenever in his/her opinion the public business may require it or upon the written request of any three members of the Council. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by any other means by the City Clerk to each member of the Council and to each local newspaper of general circulation and radio/television station requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at such meetings by the Council. The agenda for special meetings shall contain the information set forth in Section 3.a. - d. below. At least twenty-four (24) hours before each special meeting, the City Clerk shall post a copy of the agenda, including the call and notice of the special meeting at the same location identified in Section 3 below. 3. AGENDA In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall be notified no later than 11:00 a.m., on the Tuesday immediately preceding a regular Council meeting of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 1 of 7 ATTACHMENT 2 i ~~~ Council at such meeting. Immediately thereafter, the City Clerk shall arrange an agenda of such matters according to the order of business and fiunish each member of the Council, the City Manager, City Attorney, City Department Heads and Staff with a copy of the agenda packet prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. The agenda prepared by the City Clerk shall, at a minimum, include: a. The date of the meeting b. The time of the meeting c. The location of the meeting d. A brief general description of each item of business to be transacted or discussed at the meeting e. Specified period of time for members of the public to address the Council on items of interest to the public that are within the jurisdiction of the Council, including a provision that no person may speak longer than five (S) minutes, and including language that the Council can only briefly respond with questions, refer to Staff, or place on a future agenda f. A specified section under which Councilmembers and Staff may present informational only reports. At least seventy-two (72) hours before each regular meeting, the City Clerk shall post a copy of the agenda in the Kiosk in front of the Civic Center located at 100 Civic Plaza, Dublin, California. The City Clerk shall execute a declaration of posting which shall be filed in the Office of the City Clerk. The City Clerk shall so mark or denote "Consent Calendar" items on the agenda to identify those items on the agenda which can reasonably be expected to generate no discussion by members of the City Council, City Staff or interested persons in the audience. The Council shall consider all of the items on the Consent Calendar portion of the agenda at one time by a vote after a motion has been duly made and seconded. If any member of the City Council, City Staff or interested person in the audience requests that a consent item be removed from the list, such item shall be taken up for consideration and disposition in the order listed on the agenda. 4. PRESIDING OFFICER The Mayor shall preside at all City Council meetings and perform such other duties consistent with his/her office as may be imposed by the Council. The Mayor shall be entitled to vote, but shall possess no veto power. The Mayor shall be recognized as the official head of the City for all ceremonial purposes. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. The Mayor shall state every question coming before the Council, call for the vote, announce the decision of the Council on all subjects and decide all questions of order, subject however, to an appeal of the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor shall sign all Ordinances adopted by the Council during his/her presence. In the event of the absence of the Mayor, the Mayor Pro Tempore shall sign Ordinances as then adopted. 5. CALL TO ORDER The Mayor, or.in his/her absence, the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 2 of 7 ~~ ~~ Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary chair shall be elected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chair shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. 6. ATTENDANCE Before proceeding with the business of the Council, the City Clerk shall enter into the minutes, the names of the members present or absent. No formal roll call need be taken. 7. QUORUM A majority of the members of the Council shall constitute a quorum for the transaction of business, but a lesser number than a quorum may adjourn from time to time. The Council may adjourn any regulaz, adjourned regulaz, special or adjourned special meeting to a time and place specified in the order of adjournment. If all members are absent from any regulaz or adjourned regulaz meeting, the City Clerk may declaze the meeting adjourned to a stated time and place. If he/she does, he/she shall cause written notice of the adjournment to be given in the same manner as provided. for special meetings. A copy of the order or notice of adjournment shall be posted in the Civic Center Kiosk and other places designated by the Council within twenty-four (24) hours after the time of adjournment. Whenever a regulaz or adjourned regulaz meeting is adjourned as provided in this section, the resulting adjourned regulaz meeting is a regulaz meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings. 8. ORDER OF BUSINESS Promptly at the hour set on the day of each regular meeting, the members of the Council, City Clerk (or Designee) and City Manager (or Designee) shall take their regulaz stations in the Council Chambers and the business of the Council shall be taken up for consideration and disposition in the following order except that with the unanimous consent of the Council, matters may be taken up out of order: • Call to Order (Closed Session) • Call to Order & Pledge of Allegiance to the Flag • Report on Closed Session Action • Oral Communications • Consent Calendaz • Written Communications • Public Hearings • Unfinished Business • New Business • Other Business (Council/Staff Informational Only Reports/Matters Too Late for the- Agenda) • Adjournment 9. MATTERS TOO LATE FOR THE AGENDA a. No action or discussion shall take place on any item not appearing on the agenda for a regulaz meeting as posted, unless (1) The City Council determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 3 of 7 .~ ~ i c~ (2) The City Council determines by vote oftwo-thirds of the members present (i.e. four votes if five members aze present and three votes if four members aze present), or by a unanimous vote of the members of the Council if only 3 members aze present, that there is a need to take immediate action and that the need for action came to the Council's attention after the agenda was posted; (3) The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued to the meeting at which the action is being taken. b. When an item not on an agenda is raised by a member of the public, the City Council may briefly respond, may ask questions for clarification, provide a reference to Staff or other resources, or request Staff to report back at a subsequent meeting. Furthermore, a member of the City Council may take action to place a matter of business on a future . agenda. 10. READING OF MINUTES Unless the reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. 11. RULES OF DEBATE a. Presiding Officer may debate The Mayor or such other member of the Council as may be presiding may move, second and debate from the chair, subject only to such limitations of debate as aze by these rules imposed upon all members. He/she shall not be deprived of any of the rights and privileges of a Councihnember by reason of his /her acting as the Presiding Officer. b. Getting the floor Every member desiring to speak shall address the Mayor, and upon recognition by the Mayor, shall confine himself/herself to the question under debate. c. Interruptions A member once recognized, shall not be interrupted when speaking unless it be to call him/her to order, or as herein otherwise provided. If a member, while speaking, be called to order, he/she shall cease speaking until the question of order be determined, and if in order, he/she shall be permitted to proceed. d. Privilege of closing debate The Councilmember moving the adoption of an Ordinance or Resolution shall have the privilege of closing the debate. e. Motion to reconsider A motion to reconsider any action taken by the Council may be made at any time. Such a motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the Council. f. Remazks of Councilmember A Councilmember may request through the Mayor, the privilege of having an abstract of his /her statement on any subject under consideration by the Council entered in'the minutes. If the Council consents thereto, such statement shall be entered in the minutes. g. Synopsis of Debate The City Clerk may be directed by the Mayor with the consent of the Council, to enter in the minutes a synopsis of the discussion of any question coming regulazly before the Council. Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 4 of 7 t~ ~ ~ ~ h. Rules of Order Except as otherwise provided in this Resolution, the current edition of "Roberts Rules of Order" shall govern the conduct of the meetings of the City Council. 12. ADDRESSING THE COUNCIL Any person desiring to address the Council at a meeting shall first secure the permission of the Mayor to do so; provided, however, that under the following headings of business, any qualified and interested person shall have the right to address the Council upon obtaining recognition by the Mayor. a. Written Communications Interested persons or their authorized representative may address the Council by written communication on any matters concerning the City's business, or any matters over which the Council has control. Such written communication shall be delivered to the City Clerk no later than 11:Q0 a.m., of the Tuesday immediately preceding the regulaz Council meeting for which such written communication is intended. b. Oral Communications Interested persons in the audience or their authorized representatives may address the. Council by oral communications on any matters over which the Council has control; provided, however, that preference shall be given to those persons who have notified the City Clerk in advance of their desire to speak in order that the same may appeaz on the agenda of the Council. 13. ADDRESSING THE COUNCIL AFTER MOTION IS MADE After a motion is made by the Council, no person shall address the Council without first securing the permission of the Mayor to do so. 14. MANNER OF ADDRESSING COUNCIL Each person addressing the Council shall stand at the podium, and give his/her name and address in an audible tone of voice for the record. A Speaker Slip shall be completed in order to facilitate preparation of the minutes. All remazks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Mayor. No question shall be asked a Councilmember except through the Mayor. 15. VOTING a. Members of the Council shall vote by a "voice vote" on .all Ordinances, Resolutions and other matters, unless a roll call vote is required by law or is requested by a Councilmember. Silence shall be recorded as.an affirmative vote. The Mayor shall announce the result of the vote. The City Clerk shall show on Ordinances and Resolutions, the names of Councilmembers voting "Aye" and "No". b. The vote on any matter being considered by the Council may be delayed by the Mayor until all members of the Council present for a meeting, and not excused as herein provided, aze present at the Council dais. c. A member of the Council who has a conflict of interest regazding any matter being considered by the Council shall declaze the conflict and excuse himself/herself from participating in the Council's deliberations and decisions regazding that matter. Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 5 of 7 ~~ ~ ~~ 16. ORDER AND DECORUM a. By Councilmembers While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or refuse to obey the orders of the Council or Mayor, except as otherwise herein provided. b. By Persons Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council or who shall by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any member while speaking or refuse to obey the orders of the Council or the Mayor shall be forthwith, by the Mayor, barred from further audience before the Council, unless permission to continue is granted by a majority vote of the Council. c. ~ Enforcement of Order and Decorum A law enforcement officer shall be designated as Sergeant-at-Arms of the Council meetings when requested by the Mayor. He/she shall carry out all orders and instructions given at the Council meeting. Upon instruction of the Mayor, it shall be the duty of the Sergeant-at -Arms, as to any person who violates the order and decorum of the meeting to remove and bar such person from the Council meeting. Violation of the order and decorum of a Council meeting is a misdemeanor. d. Smoking Smoking is prohibited at all times in all City-owned facilities. 17. PROHIBITION ON POLITICAL ACTIVITIES Members of the City Council shall not engage in political activities related to local, state, or federal elections during Council meetings. Nothing in this section shall prevent the City Council from considering whether or not to support or oppose a ballot measure or state or federal legislation. 18. SPECIAL COMMITTEES/TASKFQRCES All special committees/task forces shall be appointed by the Mayor, subject to approval of the City Council. 19. COUNCILMEMBER VACANCIES When a vacancy occurs on the City Council, in the office of Councilmember or Mayor, and the Council determines to consider filling the vacancy by appointment, the Council will make such appointment only at a meeting at which all remaining Councilmembers (including the Mayor) are present. This rule shall not preclude the Council from calling a special election to fill the vacancy or from adopting an ordinance to fill the vacancy pursuant to Government Code Section 36512 at a meeting at which one of the remaining Councilmembers (including the Mayor) is absent. 20. PROTESTS Any Councilmember shall have the right to have the reasons for his/her dissent from or protest against, any action of the Council entered in the minutes. 21. ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 6 of 7 22. RULES AVAILABLE FOR PUBLIC REVIEW ~ ~ ~ A copy of this Resolution shall be available at all meetings of the Council for review by the public. PASSED, APPROVED AND ADOPTED this 19th day of February, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Scholz, and Mayor Lockhart NOES: None ABSENT: Vice Mayor Sbranti ABSTAIN: None Mayor ATTEST: ~n Deputy City Clerk Reso No. 25-08, Adopted 2/19/08, Item No. 7.2 Page 7 Of 7 ~~ ~ ~ APPOINTMENT(S) TO THE CITY COUNCIL - (History) la/11/83 -Dave Burton resigned 11/1/83 -Adjourned Regular Meeting to interview and select a Councilmember to fill the Council position vacated by Dave Burton. Application /Interview Process A motion was made and seconded that only those people who had submitted an application should be considered. The motion was defeated due to NO votes cast by two Councilmembers. • Mayor Snyder announced the names of those interested. (Five applicants and Tom McCormick, who had submitted a letter indicating his interest in being a • candidate -however, Tom McCormick was unable to attend the meeting.) • A motion was made and seconded that only those people who had submitted an application should be considered. The motion was defeated due to NO votes cast by two Councilmembers. • Each of the five applicants in attendance addressed the City Council and gave a brief summary of why they would like to serve on the City Council. • Fred Drena was appointed by motion, second, and 3 yes and I no vote. Mr. Drena was sworn in to office on 11/14/83. 11/1994 -Guy Houston was elected Mayor, creating a vacancy on the City Council. 12/12/94 -Mayor Houston and newly elected Councilmembers took office and discussed filling the vacant City Council seat. • A motion was made and seconded that once the number of applicants is known, they should draw numbers to determine when they will be interviewed. There was no vote on the motion. • By a consensus, the Council directed Staff to come up with an appropriate process. 12/27/94 -Application /Interview Process • Fourteen individuals completed and submitted applications by the deadline. All applicants were sent a copy of the Staff Report along with a letter advising them that the Council would be conducting the interviews at the December 27`" meeting. • The City Clerk placed the names of the applicants in an envelope and randomly drew the names in the order that they were to be interviewed by the Council. • Next step in the process -each Councilmember wrote the names of two individuals to participate as finalists. The slips of paper were given to the City Clerk. ATTACHMENT 3 c o ~, [ ~ • The City Clerk announced that Mayor Houston selected Janet Lockhart and Bob Fasulkey. Cm. Barnes selected Lisbeth Howard and George Zika. Cm. Burton selected Lisbeth Howard and Janet Lockhart. Cm. Moffatt selected Lisbeth Howard and Ralph Hughes. • The five finalists to be interviewed were: Lisbeth Howard Bob Fasulkey George Zika Janet Lockhart Ralph Hughes • Interviews Conducted • By motion, second and unanimous vote, the Council appointed Lisbeth Howard to fill the vacancy on the Council for a short term, ending November 1996. • City Clerk administered the oath. 10/2001 -Guy Houston resigns as Mayor. 11/6/2001- Councilmember Lockhart was nominated by the City Council and unanimously appointed as Mayor, creating a vacancy on the City Council. 11/6/2001 -Council action by motion, second and unanimous vote to call a Special Election for Tuesday, March 5, 2002 to fill the Council vacancy created by the selection of Mayor Lockhart. No interim appointment made. Councilmember Sbranti elected for a term ending November 2004. I lx~ ~~ APPLICATION TO SERVE ON CITY COUNCIL Ur llU~ Return to: City Clerk ~~ City of Dublin ~1~ 100 Civic Plaza ~~ ~ ~~~~' $'~ Dublin, CA 94568 ~~ /// ~`ILIFOR~~ APPLICANTS MUST BE REGISTERED VOTERS IN THE CITY OF DUBLIN Name Date Address Phone (Home) (Work) E-mail Employer: Address: II)~ to Type of Business: ~ • Backgrou ucaton, xp i _ Why do you want tc~e on the City Council? Prior Public Service or Civic activity: ATTACHMENT 4 ~z~ ~~ 1. What do you believe are the top two or three policy issues facing the City-and how do you believe you can contribute to solving them? 2. How do you perceive the City's future growth? 3. Being an effectiv~mbe f the Cit it requir a~aod deal of pre-meeting preparati ~ udin the w' °ngness t ad t~to ral hundred pages of staff repo ore e e ' .How wil ou ha a this responsibility? ,~ r 4. In your view, what do you believe your relationship as a City Councilmember should be to the public? Other Councilmembers? City Manager? City Employees? i~~ 5. What is your view of providing services to the community and the financing of those services? What additional services, if any, do you believe should be provided to the Community? 6. What do you feel is the most important contribution you can mak s a member of the City Council? ~ r Other infor ation or mm ts: PLEASE RETURN THIS COMPLETED FORM TO CAROLINE P. SOTO, CITY CLERK BY 20xx. WAIS Document Retrieval CALIFORNIA CODES GOVERNMENT CODE SECTION 1000-1001 1000. Executive officers are either: (a) Civil. (b) Military. 1001. The civil executive officers are: a Governor; a private secretary and an executive secretary for the Governor; a Lieutenant Governor; a Secretary of State; a Deputy Secretary of State; a Keeper of Archives of State for Secretary of State; a bookkeeper for the Secretary of State; three recording clerks for the Secretary of State; a Controller; a Deputy Controller; a bookkeeper for the Controller; five clerks for the Controller; a Treasurer; a Deputy Treasurer; a bookkeeper for the Treasurer; .a clerk for six months in each year for the Treasurer; an Attorney General and all assistant and deputy attorneys general; a Superintendent of Public Instruction; one clerk for the Superintendent of Public Instruction; an Insurance Commissioner; a deputy for the Insurance Commissioner,; four port wardens for the Port of San Francisco; a port warden for each port of entry except San Francisco; five State Harbor Commissioners for San Francisco Harbor; six pilots for each harbor where there is no board of pilot commissioners; three members of the Board of Pilot Commissioners for Humboldt Bay and Bar; 13 members of the State Board of Agriculture; four members of the State Board of Equalization; a clerk of the Board of Equalization; three members of the State Board of Education; a librarian for the Supreme Court Library and the chief deputy clerk and the deputy clerks of the Supreme Court; five directors for the insane asylum at Stockton; five directors for the insane asylum at Napa; the manager, assistant manager, chief counsel and division chiefs, State.Compensation Insurance Fund; the head of each department and all chiefs of divisions, deputies and secretaries of a department; such other officers as fill offices created by or under the authority of charters or laws for the government of counties and cities or of the health, school, election, road, or revenue laws.. Page 1 of 1 I~~ i~ ATTACHMENT 5 http://www.leginfo.ca. gov/cgi-bin/waisgate?WAISdocID=56323 524817+4~ WAIS Document Retrieval CALIFORNIA CODES ELECTIONS CODE SECTION 1400-1415 1400. Each special election shall be held on one of the established election dates set by this division or on the date of any statewide special election except as provided in Section 1003. 1405. (a) Except as provided below, the election for a county, municipal, or district initiative that qualifies pursuant to Section 9116, 9214, or 9310 shall be held not less than 88 nor more than 103 days after the date of the order of election. (1) When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 within 180 days prior to a regular or special election occurring wholly or partially within the same territory, the election on the initiative measure may be held on the same date as, and be consolidated with, that regular or special election. (2) When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 during the period between a regularly scheduled statewide direct primary election and a regularly scheduled statewide general election in the same year, the election on the initiative measure may be held on the same date as, and be consolidated with, the statewide general election. (3) To avoid holding more than one special election within any 180-day period, the date for holding the special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310, may be fixed later than 103 days but at as early a date as practicable after the expiration of 180 days from the last special election. (4) Not more than one special election for an initiative measure that qualifies pursuant to Section 9116, 9214, or 9310 may be held by a jurisdiction during any. period of 180 days. (b) The election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9311 shall be held at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election. 1410. The election for a county or municipal referendum that qualifies pursuant to Section 9144 or 9237 shall be held at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election or at a special election called for that purpose not less than 88 days after the date of the order of election. 1415. City or city and county charter proposals that qualify pursuant to Section 9255 shall be submitted to the voters at either Page 1 of 2 ~~r~~ ATTACHMENT 6 http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=56329625121+ WAIS Document Retrieval the next regular general municipal election occurring not less than 88 days after the date of the order of election, or at a special election called for that purpose or on any established election date pursuant to Section 1000 occurring not less than 88 days after the date of the order of election. Page 2 of 2 t~~i:~ http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=56329625121+0+0+0&WAISa... 11 /24/2008