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Home My WebLink About11/29/1994, 2 - APPOINTMENT TO FILL A VACANT COUNCIL SEAT MEETING DATE A city of San tins OBISpo - 9-� ITEM NUMBER: COUNCIL AGENDA REPORT FROM: Mayor-Elect Allen K. Settle PREPARED BY: Diane R. Gladwell, City Clerk SUBJECT: Appointment to Fill a.Vacant Council Seat RECOMMENDATION: 1) Adopt a Resolution Suspending Resolution 8252 (Sections 3.3.4 and 3.3.5 of Council Policies and Procedures) and approving an alternate appointment process. DISCUSSION: Sections 3.3.4 and 3.3.5 of Council Policies and Procedures calls for a formal qualification process for candidates interested in being appointed to City Council. The process includes submitting a petition signed by no less than 20, nor more than 30 registered voters with a written statement of 200 words or less covering at least the following areas: .The amount of time available each week to devote to the Council. *Reasons for wanting to be appointed. .Involvement in community affairs and organizations, especially in the preceding 23- month period. .Personal qual'if'ications for the position. .Prior experience in government, or areas associated with or doing business with government. The procedure includes written comments from the public regarding the applications,which are submitted four days in advance. This would result in a December 2nd deadline for this correspondence, making the December 6th meeting unworkable, if the. Council wishes to follow this procedure. At the meeting, each applicant and two other persons designated by the applicant can speak in favor; comments in opposition to a candidate are also limited to three minutes, but no limit placed on the number of speakers. Other nominations are then made by Council Members. It is my opinion that this process is burdensome to the public, and is weighted toward a contentious process for the candidates as well as Council. I am therefore proposing an .> alternate model: 1. Any citizen wishing to serve on the Council should be present at the Council meeting to verify that they would be willing to serve, if appointed, and they are a resident of the City of San Luis Obispo and a registered voter. 2. Each candidate will be given five minutes to make a.presentation to Council. 3. Before concluding the public hearing, citizens wishing_ to speak in support or opposition of a candidate will have two minutes to make their comments. The Council does have the right to limit the number of speakers in order to complete their business (in 1981, Council allowed a maximum of two .speakers). 4. The Council may question candidates, then a nomination is made and vote taken. If Council wishes to request additional information from candidates, or direct staff to obtain more information, then continue the item, this process would allow that flexibility. I believe that this amended procedure would result in a more productive environment in which to make our appointment. ATTACHMENT: Draft Resolution C2 RESOLUTION NO. (1994 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUSPENDING RESOLUTIONS No. 8252 (SECTIONS 3.3.4 AND 3.35 OF THE MANUAL TITLED "COUNCIL POLICIES AND PROCEDURES") AND RESOLUTION No. 4423 WHEREAS, the Council wishes to adopt alternate procedural rules for the appointment of the current Council vacancy to allow for a more flexible appointment process than that contained in Resolutions 8252 and 4423; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo hereby suspends Resolution No. 8252 (sections 3.3.4 and 3.3.5 of the manual titled, "Council Policies and Procedures") and Resolution No. 4423 during the period required to conduct an appointment process for the current Council vacancy; and BE IT RESOLVED by the City Council of the City of San Luis obispo that the following alternative procedure shall be substituted for Resolutions No. 8252 and 4423 during the period required to conduct an appointment process for the current Council vacancy: 1. Any citizen wishing to serve on the Council should be present at the Council meeting to verify that they would be willing to serve, if appointed, and they are a resident of the City of San Luis Obispo and a registered voter. 2. Each candidate will be given five minutes to make a presentation to Council 3. Before concluding the public hearing, citizens wishing to speak in support or opposing of a candidate will have two minutes to make their comments. The X2.3 Resolution No. (1994 Series) Page two Council does have the right to limit the number of speakers in order to complete their business. 4. The Council may question candidates, then a nomination is made and vote taken. BE IT FURTHER RESOLVED,that Resolutions No. 8252 and 4423 shall be effective with respect to any all future Council vacancies which may occur after December 31, 1994. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this day of , 1994. Mayor Peg Pinard ATTEST: City Clerk Diane R. Gladwell APPROVED: t o y J Jo enseri �'S URGENT MEETING AGENDA DATE ITEM # � MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY November 29, 1994 TO: City Council FROM: Jeff Jorgensen?/ SUBJECT: Special Election 77 to Fill Council Vacancy If the City Council wishes to preserve its option to hold a special election on March 28, 1995, the City Clerk should take immediate . steps to plan and implement such an election. Analysis If. the City Council is unable to fill the pending vacancy by appointment, City Charter Section 406 requires the Council to call a special election to be held not sooner than 90 days nor later than 120 days following the occurrence of the vacancy. As a �r practical matter, this means that the special election would have to be held on March 28, 1995. In preliminary consultations with the County Counsel's Office, it was indicated that under normal circumstances a special election would require the entire 120 days in order to provide for a margin of safety. It was also indicated that a special election could be accomplished in a slightly shorter period of time under exceptional circumstances, but there is a risk that at some undefined point we would be unable to meet the 120 day time period required by the Charter. The significance of this is that it would result in a Charter violation and could subject any such election to challenge. Looking at the numbers, if we hold a special election on March 28, 1995, we automatically reduce the period of time in which to act to 117 days. Obviously, any delay at the front end (December 1, 1994) would further limit our ability to comply with Charter require-. ments. (For example, if we delay action until December 6 or December 13, we would have 112 or 105 days respectively. ) JGJ%sw cc: John Dunn Diane Gladwell TING AGENDA Dr,rc - ITEM # .,,, Honorable Mayor Settle, Councilpersons Roalman, Romero and Williams: We believe it would be to the council's advantage to have prospective council candidates write a 2000 word paper stating qualifications and their agenda for the city's future. This seems too important a post to be rushed through. Also requiring twenty signatures seems reasonable. Respectfully, Henry and Doreen Case �NCIL O FM DIR ® ACAO O FIRECNIEF Ep/ATTORNEY O PW DIR CLERWORIO !CO3 POLICE CHF RECEIVED O Maw TEAM O REC DIR o LML sDa NOV 2 9 1994 CITY CLERK SAN LUIS OBISPO,CA