NOTICE OF SPECIAL CITY COUNCIL MEETING
Wednesday, August 15,2012-5:30 p.m.
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh A venues
Live video streaming available at:
www .ci.carmel.ca. us
Broadcast date
Sunday, August 19, 2012
8:00a.m., MCAET Channel 26
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Public Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council 's agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch and the microphone will be brought to you.
V. Orders of Council
A. Consideration of an appointment or the calling of a special election to fill the seat for the upcoming City Council vacancy (Discussion/ Action).
VI. Adjournment
The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues during normal business hours.
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR BURNETT AND CITY COUNCIL MEMBERS
FROM: JASON STILWELL, CITY ADMINISTRATOR
DATE: AUGUST 14, 2012
SUBJECT: CONSIDERATION OF AN APPOINTMENT OR THE CALLING OF A SPECIAL ELECTION TO FILL THE SEAT FOR THE UPCOMING CITY COUNCIL VACANCY
BACKGROUND
Council Member Paula Hazdovac submitted a letter of resignation to the Mayor on Friday, August 10, 2012 citing need for time to meet increasing family obligations. The letter states her resignation is effective on September 7, 2012. She said her decision was entered into with great thought and she thanks the voters and City staff for their support during her 18 years in office.
In the event of a Council vacancy, California Government Code Section 36512 states that: "Council shall, within 60 days from the commencement of the vacancy either fill the vacancy or call a special election to fill that vacancy. A 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. "
The Council, therefore, has the option of either appointing someone to fill Council Member Hazdovac's current term, which expires in April 2014, or to call for a special election to fill the vacancy. The date for the next regularly established election is Tuesday, March 5, 2013.
DISCUSSION
Appointment
The City Council recently completed an appointment process appomtmg Council Member Hillyard to fill Mayor Burnett's vacated City Council seat. Two weeks following the April 10 election, on April 24, Council began the process to fill the Council seat vacated by Mayor Burnett upon his election as Mayor. There was strong public interest in this appointment process with considerable comment on preferred methods and criteria for considering potential candidates. After a six-day period, 10 Carmel residents submitted applications for the vacant seat and each was interviewed by the Council subcommittee consisting of the Mayor and then-Vice Mayor Hazdovac. The field of 10 was narrowed down to two candidates, Steve Hillyard and Carrie Theis, and the City Council appointed Hillyard at its May 8 special meeting.
The City Council could follow a similar appointment process as was completed May 8. Alternatively, given the recently completed process, the Council also has the opportunity to complete an expedited process considering only recent applicants or an otherwise limited pool. An advantage of the appointment process is to have a fifth member seated prior to the next available election.
Election
Should the Council choose an election to fill the impending vacancy, California Government Code Section 36512 requires that Council may call for a special election, but that it must not be sooner than 114 days following, and that it be held at the next regularly scheduled election date. The next date for an election would be Tuesday, March 5, 2013 (first Tuesday of an odd-numbered year). This upcoming November 2012 election date is not available as the legal deadlines for adding an item to the ballot have passed.
The cost to the City to hold a special election in March 2013 would range from a low of $12,000-$17,000 to $56,000 for the Monterey County Elections Department to conduct a standalone election for the City. It should also be noted that the lower figure provided by the County is based on a November consolidated election. Odd-year March elections typically have very few measures, making it more expensive. The City's Fiscal Year 2012-2013 budget does not have funding set aside for a special election.
STAFF RECOMMENDATION
It has been less than four months since the City Council went through the appointment process with a high level of involvement from the community and City Council. Given this, and coupled with the unbudgeted costs of a special election, staff recommends that the City Council consider the process of appointing a replacement for Council Member Hazdovac' s upcoming vacant seat.
August 10, 2012
Mayor Jason Burnett
P.O. Box CC
Carmel, CA 9392 J
Dear Mayor Burnett:
I regret to infom1 you that I am resigning from my seat on tbe Cannel by the Sea City Council as it has become necessary for me to devote more time to my family. My resignation is to become effective as of September 7, 2012.
This decision was not made lightly and I have enjoyed the opportunity to serve the City of Carmel-by-the-Sea for the last 18 years. It is with deep t,rratitude that I thank the voters for electing me. I also wish to thank our dedicated and hardworking city staff for their professional support over the years.
Respectfully,
Paula Hazdovac
Cc: Victoria Beach
Steve Hillyard
Ken Talmage
Don Freeman
Jason Stilwell
Heidi Burch
California Government Code 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 60 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 that does any of the following:
(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 that 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.
MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
August 15, 2012
The special meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 5:31 p.m. Mayor Burnett called the meeting to order.
II. ROLL CALL
PRESENT: Council Members Beach, Hillyard, Talmage & Mayor Burnett
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Interim Police Chief
III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.
IV. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at 5:35 p.m.
Alison Shelling thanked the City staff for its hard work on the Concours on the Avenue event.
Mayor Burnett closed the meeting to public comment at 5:36 p.m.
V. ORDERS OF COUNCIL
A. Consideration of an appointment or the calling of a special election to fill the seat for the upcoming City Council vacancy (Discussion/Action).
Assistant City Administrator Heidi Burch outlined the two options available to Council: appointing a successor or holding a special election to do so.
Mayor Burnett opened the meeting to public comment at 5:40 p.m.
Monta Potter, Jean Grace, Alison Shelling and John Haveles spoke to the issue.
Mayor Burnett closed the meeting to public comment at 5:47 p.m.
Mayor Burnett re-opened the meeting to public comment at 6:02 p.m.
Monta Potter, Esme Lazarre and Alison Shelling addressed Council.
Mayor Burnett closed the meeting to public comment at 6:05 p.m.
Council Member TALMAGE moved to accept the resignation of Paula Hazdovac, effective the close of business on September 7, 2012, and to appoint Carrie Theis to the vacancy, contingent upon the Council vacancy existing by the close of business on September 7, seconded by Mayor BURNETT.
Mayor BURNETT withdrew his second to this motion.
Council Member HILLYARD offered a substitute motion to have the Mayor appoint an ad hoc subcommittee, to call for applications for the vacancy with an application deadline of August 29, and to have the subcommittee report back to the full Council with its recommendations in early September, seconded by Mayor BURNETT.
Mayor Burnett opened the meeting to public comment at 6:25 p.m.
Jean Grace and Alison Shelling addressed Council.
Mayor Burnett closed the meeting to public comment at 6:31 p.m.
Council Member HILLYARD subsequently withdrew his motion.
Council Member TALMAGE moved to accept the resignation of Paula Hazdovac, effective September 7, 2012, and to appoint Carrie Theis, contingent upon the Council seat being vacated by the close of business on September 7, seconded by Council Member HILLYARD, and approved by the following roll call vote:
AYES: COUNCIL MEMBERS: BEACH; HILLYARD; TALMAGE & BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
VI. ADJOURNMENT
Mayor Burnett declared the meeting adjourned at 6:37 p.m.
Respectfully submitted,
_____________________________
Heidi Burch, City Clerk
ATTEST:
____________________________
JASON BURNETT, MAYOR
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