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Staff Report 4.C 01/03/2011
City, Manager's Office, 11 English Sheet, Petaluma, Cil 94952 (707) 778-4345 Fac (707) 778-4419 E-mail: eihaceiiit'ei.nelaluuueca.us DATE: December 29, 2010 TO: Honorable Mayor and Members of the City Council FROM: John C. Brown, City Manager-%� SUBJECT: Comicilmember Vacancy Recommendation: It is recommended that the City Council initiate the appointment process to fill the seat that will be left vacant when Mayor -elect Glass assumes office. Background: Councilmember Glass was elected to his Council seat in November, 2008 and assumed office in January 2009. That terra of office expires in January 2013. In November 2010 Councilmember Glass was elected Mayor effective January 2011. When Mayor -elect Glass assumes that office, it will leave an unfilled council terns which extends to January 2013. The Petaluma Charter provides that the City Council shall fill a vacancy in the office of Council member by appointment, with the appointed person serving until the next general election. The most recent Council vacancy was filled by appointment in 2007 when Mayor Torliatt left an open council seat upon assuming the office of Mayor. The Council considered its alternatives for filling that empty seat, and was advised that while the Charter requires the Council to fill vacancies by appointment, the charter does not expressly prohibit calling a special election in the event the Council is unable to fill the seat by appointment. The Council was also advised that it does not appear that Petaluma is required to fill a vacant seat within 30 days of the time the vacancy was created or call for a special election as General Law cities must do. However, if the Council does call a special election, the timelines established by the Elections Code for such elections would apply. Information given to the Council in 2007 is provided in an agenda item Honorable Mayor and Members of the City Council December 29, 2010 Page 2 Re: Councilmember Vacancy dated February 5, 2007 and confidential memorandum of December 8, 2006 which the Council agreed to make public on January 22, 2007 (Attached). The Council required applicants in 2007 to complete an application and questionnaire to assist the Council in its deliberations. Discussion: Pursuant to the legal analysis conducted prior to the 2007 appointment, it appears the Council is required to fill by appointment the seat that will be vacated by Mayor -elect Glass. Failing in that effort, it could take action to call for a special election. The Council could also choose at that time to leave the seat unfilled until the November 2011 election. The Council has briefly discussed filling the pending vacancy, but has deferred full discussion until seats are taken by Mayor -elect Glass and Councilmember-elect Albertson. Attached is a copy of the application used in the 2007 Council appointment process. It asks the applicant to provide basic contact information, and to respond to the following questions: • What do you see as the best solutions, both long term and short term, for economic development in Petaluma? • Imagine yourself as a visitor to Petaluma. What do you see physically, economically, and environmentally as you walls around town? • The General Plan (Plan) is the guiding document and vision for the City. How would you interpret the policies and goals articulated in the Plan? How flexible would you be and would you feel comfortable not approving specific land uses allowed in the plan? • The growth management system has been an element of the development process in Petaluma since 1972, and an Urban Growth Boundary was adopted in 1998 to control the physical growth of Petaluma. With these two major policies in mind, and given the pressure for ongoing growth during the next decade or so, what two or three policies and programs would you promote to protect the historic, cultural, and physical aspects of Petaluma? • How would you address current and future flooding issues for Petaluma? • How would you address current and future traffic congestion in Petaluma? • What infill policies do you think should be adopted in light of the Urban Growth Boundary passed by the voters? 2 Honorable Mayor and Members of the City Council December 29, 2010 Page 3 Re: Councilmember Vacancy The contact section appears adequate to establish applicants are qualified to serve on the City Council (qualified elector in the City of Petaluma). The supplemental questions reflected Council priorities at that time, and were intended to provide the Council with insight into the views of applicants — primarily regarding growth and its impacts. Many if not all of these questions remain pertinent today. The Council may, however, want to inquire into other, current, Council priorities. While the existing list could be expanded to incorporate new questions, a lesser number of more consolidated questions should suffice to provide the Council with adequate insight into applicants' views. Further, under the suggested appointment process, the Council would have opportunity to ask additional questions, later in the process. Accordingly, and based on a review of the Council's current priorities, it is suggested the application be amended to incorporate the following questions: • What economic development programs and incentives do you believe are necessary to retain and support the growth of existing businesses, and to attract the kinds of new businesses contemplated in the City's Economic Development Strategy? • The General Plan is the guiding document and vision for the City. Under what circumstances would you consider approving uses that are inconsistent with the Plan (i.e., what circumstances do you believe would justify approval of a General Plan amendment in order to grant project approvals)? • What infill policies do you think should be adopted in light of the Urban Growth Boundary established by the voters in 1998 and extended to 2025 by the voters in 2010? What policies and programs would you promote to protect Petaluma's historic, cultural, and physical assets? • Within existing budget constraints, bow would you address infrastructure needs including street maintenance, flood control, park development, and traffic congestion? • What would you do to assure that as Councilmember you contribute to building a cohesive team comprised of the Mayor and Council, City Manager and Staff that works together with mutual trust and respect to provide vital public services and protects the public's interests? • Petaluma has grappled with fiscal decline for the last three budget cycles. Briefly discuss your knowledge of Petaluma's budget situation, and discuss the priorities and policies you believe the Council should adopt to restore short term fiscal stability and long term fiscal sustainability. 41 Honorable Mayor and Members of the City Council December 29, 2010 Page 4 Re: Councilmember Vacancy With Council's approval of a set of questions, staff will finalize the application and advertise its availability to the public through the press and on the city's website. To expedite the appointment process, it is recommended applications be accepted until 5 p.m. on January 20, 2011. There is obvious public interest in the Council appointment. To facilitate a process that is efficient, expeditious, and incorporates public involvement the following timeline and actions are suggested: January 24, 2011 — the City Council appoints two members responsible for screening applications and developing a list of 3-4 finalists. • January 25, 2001 through February 2, 2011 — the subcommittee would, with staff assistance, develop the short list to be recommended for Council consideration. All City Council members would be asked during this period to submit additional questions to be posed to finalists. • Week of February 7, 2011 — Council would hold a special meeting at which finalist are interviewed by the entire City Council. As time allows, candidates could also respond to questions submitted by the public. The Council would open a Public comment period to receive written continents from those who attended the special meeting or watched it on PCA or Granicus. Written comments could be received between February 8 and a deadline of February 22, 2011 at noon, for those comments to be distributed with the Council agenda package for February 28, 2011. Late comments would be provided to the Council at the February 28, 2011 meeting. • February 28, 2011 —Council deliberates and appoints to vacant council seat. Special elections can be held a limited number of times each year. June 2011 is the next election date for which the Council could meet statutory deadlines. Even so, if the Council wanted to do so, it would need to act prior to the end of January, 2011. That timeframe is too short to provide for any meaningful application -based selection process. November 2011 is the next opportunity to hold a special election, and while leaving the vacancy unfilled for 10 months is not optimum, it would allow the Council to expand and extend the suggested process as needed to reach agreement on an appointee. u t Honorable Mayor and Members of the City Council December 29, 2010 Page 5 Re: Councilmember Vacancy Financial Impact: There is currently no projection of cost to facilitate the suggested process, which will consist of finalizing the application, advertising, providing staff support at sub -committee meetings, compiling public comments and preparing Council agenda materials. These efforts will add negligible cost to the budget, as staff time and office supplies are already budgeted. They will, instead, shift staff's priorities away from other tasks so that these can be completed. The cost of a single issue special election is estimated at $91,000 to $122,000 based on estimates of $3 to $4 per registered voter provided by the County Clerk's Office. Consolidating the issue with others on the ballot would reduce the estimate to $54,000 to $85,000, based on the County Registrar of Voters' estimate of $1.75 to $2.75 per registered voter. 30,961 registered voters are currently reported for the City of Petaluma. Funding for a special election is not budgeted, nor is it available without significantly reducing or eliminating the currently estimated end -of -the -year fund balance. Accordingly, Staff does not recommend filling the vacancy by special election. fmk 1569901.1 J CITY OF PFTALUMA, CALIFORNIA AGENDA BILL Agenda Title: Discussion and Possible Action on: Appointment to Fill Unexpired Council Member Term; Resolution Appointing Council Member to Fill Unexpired Council Member Term; Resolution Calling and Giving Notice of a Special Municipal Election to be Held on June 5, 2007 to Elect a City Council Member to Fill the Unexpired Council Member Term of Mayor Pamela Torliatt and Setting Dates for the Filing of Nomination Papers; Resolution Calling and Giving Notice of a Special Municipal Election by Mail Ballot to be Held on June 5, 2007 to Elect a City Council Member to Fill the Unexpired Council Member Tenn of Mayor Pamela Torliatt and Setting Dates for the Filing of Nomination Papers; Resolution Establishing Regulations Pursuant to the California Elections Code for the June 5, 2007 Special Municipal Election (Candidate Ballot Statements, Including Charges Therefor) W Meeting Date: February 5, 2007 Meetins Time: ❑ 3:00 PM © 7:00 PM Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ® Unfinished Business ❑ New Business Denartment: Director: Contact Person: Phone Number: City Attorney Eric Danly I Eric Danly 778-4362 Cost of Pr000sal: Account Number: $0-$82,500 Amount Budgeted: Name of Fund: None Attachments to Agenda Packet Item: 1. Ballot with names of Council member applicants. 2, Draft Resolution Appointing Council Member to Fill Unexpired Council Member Tenn Vacated by Mayor Pamela Torliatt 3. [Alternate] Draft Resolution Calling and Giving Notice of a Special Municipal Election to be Held on June 5, 2007 to Elect a City Council Member to Fill the Unexpired Council Member Term Vacated by Mayor Pamela Torliatt and Setting Dates for the Filing of Nomination Papers 4. [Alternate] Draft Resolution Calling and Giving Notice of a Special Municipal Election by Mail Ballot to be Held on June 5, 2007 to Elect a City Council Member to Fill the Unexpired Council Member Term Vacated by Mayor Pamela Torliatt and Setting Dates for the Filing of Nomination Papers 5. Resolution Establishing Regulations Pursuant to the California Elections Code for the June 5, 2007 Special Municipal Election (Candidate Ballot Statements, Including Charges Therefor) fn Summary Statement: On'January 22, 2007, the Council discussed procedures and applicable law governing the existing Council member vacancy resulting from the election of Mayor Torliatt. The Council agreed to accept and consider applications, and vote to appoint a potential successor at the February 5, 2007 City Council meeting. The Council further directed the City Attorney to prepare for possible Council action on February 5 a resolution calling a special election in the event that the appointment process was unsuccessful. The Petaluma City Charter requires the Council to fill a vacancy in the office of Council member by appointment, with that person to serve until the next general municipal election, in this case, until November, 2008. (Petaluma Charter, Article 1V, Section 13.) The City Charter contains no provision as to what procedure to follow if the Council is unable to agree on an appointee. The City Charter expressly contemplates that the City may hold special elections. (Petaluma Charter, Article rV, Section 4.) It does not expressly provide that a special election may be held to fill a Council member vacancy, but there is also no express prohibition against doing so in the City Charter. The City Charter does provide that "except as... specifically provided [in the Charier], all city regular and special municipal elections are to be held in accordance with the provisions of the [California] Elections Code." Therefore, although the City Charter directs that Council vacancies are to be filled by appointment, the Charter does not expressly prohibit the City Council from calling a special election in compliance with the state Elections Code to fill an unexpired council term in the event the Council is unable to fill a Council vacancy by appointment. The state Elections Code requires that a special municipal election be held on one of four dates, each subject to a specified period before the election for opening the nominating process and filing nominating petitions. (Elections Code sections 1000, 10220). Remaining established election dates for 2007 that would meet the statutory requirements for a special municipal election are June 5, 2007 and November 6, 2007. The last date on which a special election could be called for June 5, 2007 and still meet the nominating period deadline specified in the Elections Code is February 11, 2007. The last date on which a special election could be called for November 6, 2007 and still meet the nominating period deadline specified in the Elections Code is July 15, 2007. Under Elections Code section 4004, the City could conduct an all -mail ballot special election to fill the unexpired tenni. The remaining 2007 established election date that would meet the statutory requirements for all -mail ballot elections is August 28, 2007. The last date on which a special election by all -mail ballot could be called for the August 28, 2007 election and still meet the nominating period deadline specified in the Elections Code is May 6, 2007. However, Elections Code Section 4004 appears to allow all -mail ballot elections for small cities on other than established all -mail ballot election dates. All -mail ballot municipal elections may not be consolidated (Elections Code section 4004). Costs of a special election can only be roughly estimated by the County Cleric at this time and depend in part on how many candidates file, the length of ballot statements and the number of registered voters in the City at the time of the election, and whether consolidation is possible. Estimates range from approximately $56,000-60,000 for an all -mail ballot election to $75,000-82,500 for an election utilizing polling places. We are aware of no legal authority that would authorize the City Council to cancel an election once the nominating period opens. Recommended City Council Action/Sue2ested Motion: Appoint a Council member to fill the vacant unexpired term until the November, 2008 general municipal election. Reviewed by Admin. Svcs. Dir: Reviewed by City Attornev: APDroved by City Manager: U Date: Date: Date: E CITY OF PE'I ALUMA, CALIFORNIA FEBRUARY 5, 2007 AGENDA REPORT FOR Discussion and Possible Action on: Appointment to Fill Unexpired Council Member Term; Resolution Appointing Council Member to Fill Unexpired Council Member Term; Resolution Calling and Giving Notice of a Special Municipal Election to be Held on June 5, 2007 to Elect a City Council Member to Fill the Unexpired Council Member Term of Mayor Pamela Torliatt and Setting Dates for the Filing of Nomination Papers; Resolution Calling and Giving Notice of a Special Municipal Election by Mail Ballot to be Held on June 5, 2007 to Elect a City Council Member to Fill the Unexpired Council Member Term of Mayor Pamela Torliatt and Setting Dates for the Filing of Nomination Papers; Resolution Establishing Regulations Pursuant to the California Elections Code for the June 5, 2007 Special Municipal Election (Candidate Ballot Statements, Including Charges Therefor) 1. EXECUTIVE SUMMARY: On January 22, 2007, the Council discussed procedures and applicable law governing the existing Council member vacancy resulting from the election of Mayor Torliatt. The Council agreed to accept and consider applications, and vote to appoint a potential successor at the February 5, 2007 City Council meeting. The Council further directed the City Attorney to prepare for possible Council action on February 5 a resolution calling a special election in the event that the appointment process was unsuccessful. The Petaluma City Charter requires the Council to fill a vacancy in the office of Council member by appointment, with that person to serve until the next general municipal election, in this case, until November, 2008. (Petaluma Charter, Article IV, Section 13.) The City Charter contains no provision as to what procedure to follow if the Council is unable to agree on an appointee. The City Charter expressly contemplates that the City may hold special elections. (Petaluma Charter, Article IV, Section 4.) It does not expressly provide that a special election may be held to fill a Council member vacancy, but there is also no express prohibition against doing so in the City Charter. The City Charter does provide that "except as ... specifically provided [in the Charter], all city regular and special municipal elections are to be held in accordance with the provisions of the [California] Elections Code." Therefore, although the City Charter directs that Council vacancies are to be filled by appointment, the Charter does not expressly prohibit the City Council from calling a special election in compliance with the state Elections Code to fill an unexpired council term in the event the Council is unable to fill a Council vacancy by appointment. The state Elections Code requires that a special municipal election be held on one of four dates, each subject to a specified period before the election for opening the nominating process and filing nominating petitions. (Elections Code sections 1000, 10220). Remaining established election dates for 2007 that would meet the statutory requirements for a special municipal election are June 5, 2007 and November 6, 2007. The last date on which a special election could I be called for June 5, 2007 and still meet the nominating period deadline specified in the Elections Code is February 11, 2007. The last date on which a special election could be called for November 6, 2007 and still meet the nominating period deadline specified in the Elections Code is July 15, 2007. Under Elections Code section 4004, the City could conduct an all -mail ballot special election to fill the unexpired term. The remaining 2007 established election date that would meet the statutory requirements for all -mail ballot elections is August 28, 2007. The last date on which a special election by all -mail ballot could be called for the August 28, 2007 election and still meet the nominating period deadline specified in the Elections Code is May 6, 2007. However, Elections Code Section 4004 appears to allow all -mail ballot elections for small cities on other than established all -mail ballot election dates. All -mail ballot municipal elections may not be consolidated (Elections Code section 4004). Costs of a special election can only be roughly estimated by the County Clerk at this time and depend in part on how many candidates file, the length of ballot statements and the number of registered voters in the City at the time of the election, and whether consolidation is possible. Estimates range from approximately $56,000-60,000 for an all -maul ballot election to $751000- 82,500 for an election utilizing polling places. We are aware of no legal authority that would authorize the City Council to cancel an election once the nominating period opens. Resolutions calling for and giving notice of a special election on June 5, 2007 to elect a City Council member to fill the unexpired Council Member term vacated by Mayor Pamela Torliatt are attached. One of the resolutions would establish an all -mail ballot election. A resolution adopting regulations for candidate statements is also provided for consideration if the Council decides to call a special election. 2. BACKGROUND: The City Attorney legal memorandum that was made public by City Council action at the January 22, 2007 Council meeting discussed the potential applicability of Government Code section 36512 to Petaluma City Council vacancies. Section 36512 requires that general law cities call a special election within 30 days of creation of a vacancy on the Council if an appointment is not made to fill the vacancy within that time. It appears that past City Councils have not deemed Section 36512 to apply. In appointing Council members to fill unexpired terms and one temporary vacancy in 1986, 1994, and 2004, and in leaving short unexpired terms vacant in 1998 and 2006, the City Council did not observe the 30 day time limitation in Goverment Code section 36512. The actions of past City Councils to fill vacancies are an indication of how such past Councils construed the City charter elections provisions. 3. ALTERNATIVES: a. By resolution, appoint a Council member to fill the unexpired term of the vacancy left by Mayor Pamela Torliatt (recommended). b. By resolution, call a special election for June 5, 2007 to fall the unexpired term of the vacancy left by Mayor Pamela Torliatt . C. By resolution, call a special election by all -mail ballot for June 5, 2007 to fill the unexpired term of the vacancy left by Mayor Pamela Torliatt. d. At a later time prior to May 6, 2007, by resolution call a special election by all - mail ballot for August 28, 2007 to fill the vacancy left by Mayor Pamela Torliatt. 0 d. Leave the seat vacated by Mayor Pamela Torliatt vacant until the November, 2008 general municipal election (not recommended). 4. FINANCIAL IMPACTS: Uncertain. If a special election were called, election costs could range from $56,000 to more than $80,000. Costs depend on the number of registered voters in the City at the time of election, the number of candidates and the nature and extent of ballots and other printed material used, whether an all -mail ballot is used, and whether consolidation is possible. Staff time would also be required to prepare and process nomination papers, handle election coordination with the County Clerk and deal with issues relating to campaign finance and reporting. 5. CONCLUSION: The City Charter directs the City Council to fill the City Council seat vacated by Mayor Pamela Torliatt by appointment. If the Council cannot agree on appointment of a Council member to fill the unexpired council term, it may wish to determine whether to call a special election, and if so, whether the vote should be in person or by all -mail ballot. If a special election is called, the resolution adopting regulations for candidate statements identical to the procedures used for the November 8, 2006 general election should be considered. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: Filling the unexpired term of the Council member vacancy left by Mayor Pamela Torliatt. RECOMMENDATION: Follow the express requirements of the Charter and appoint a Council member to fill the unexpired term of the vacancy left by Mayor Torliatt. 930825 City of Petaluma, Califorizia Petaluma Councilmember Candidate Ballot Form Monday, February 5, 2007 City Council 9 One Vacancy for Two -Year Council Member Position PETALUMA COUNCILMEMBER CANDIDATE BALLOT FORM Candidate Torliatt Nau Barrett Rabbitt Harris O'Brien Coole, Walter Evdokimoff, Dmitri Flanagan, Kristina Freitas, Samantha Frisbie, Milton Glass, David Healy, Mike Hurley, Tim Pero, James Renee, Tiffany Scott, Randy Stephens, Ransom Torango, Pamela Vote No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPOINTING COUNCIL MEMBER TO FILL VACANCY AND SERVE UNEXPIRED TERM CREATED BY ELECTION OF PAMELA TORLIATT AS MAYOR WHEREAS, council member Pamela Torliatt was elected Mayor of the City of Petaluma in the November, 2006 regular general municipal election and toot: office as Mayor on January 9, 2007; and WHEREAS, approximately two years remain in the unexpired term of council member Torliatt; and WHEREAS, Section 13 of Article IV, "Elective Officers", of the Charter of the City of Petaluma ("Charter") provides that, "If a vacancy should occur in the office of mayor or councilman, the council shall appoint a person to fill such vacancy until the next general municipal election...'; and WHEREAS, in accordance with Section 13, Article IV of the Charter, at its regular meeting of February 5, 2007, the City Council met and considered the applications submitted and heard from candidates applying to fill said unexpired council member temr; and WHEREAS, a majority of the City Council present and voting on February 5, 2007, appointed , in accordance with Article IV, Section 13, of the Charter, to serve as a member of the City Council until the next regular general municipal election on November 6, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA THAT is hereby appointed in accordance with Article IV, Section 13, of the Petaluma City Charter to the City Council to fill the unexpired council member term left vacant by the election of Mayor Torliatt, commencing immediately upon his/her taking the oath of office, for a term to expire upon the seating of the newly elected council members following the regular general municipal election in November, 1986. 430883 RESOLUTION CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 2007 TO ELECT A CITY COUNCIL MEMBER TO FILL THE UNEXPIRED COUNCIL MEMBER TERrYI OF MAYOR PAMELA TORLIATT AND SETTING DATES FOR THE FILING OF NOMINATION PAPERS WHEREAS, Section 13 of Article IV, `Elective Officers", of the Charter of the City of Petaluma ("Charter") provides that, "If a vacancy should occur in the office of mayor or councilman, the council shall appoint a person to fill such vacancy until the next general municipal election..."; and WHEREAS, in accordance with Section 13 of Article IV of the Charter, at its regular meeting of February 5, 2007, the City Council met and considered the applications submitted and heard from candidates applying to fill the unexpired council member term resulting from Mayor Pamela Torliatt taking office as elected Mayor of the City on January 9, 2007, said appointed council member to serve until a council member elected at the next general municipal election on November 11, 2008 tabes office; and WHEREAS, a majority of the City Council present and voting on February 5, 2007, was unable to agree on a candidate to be appointed to fill said unexpired term; and WHEREAS, pressing and important business will come before the City Council before the general municipal election to be held on November 11, 2008, which will require consideration and action by a full complement of City Council members in order to best serve the interests of the citizens of the City of Petaluma; and, WHEREAS, Section 4 of Article III of the Charter provides for the holding of special municipal elections; WHEREAS, Section 4 of Article III of the Charter provides that except as otherwise specified in the Charter, "all regular and special municipal elections of this city are to be held in accordance with the provisions of the Elections Code of the State of California'; and WHEREAS, Section 4 of Article ICI of the Charter provides that, "The conduct and carrying on of all city elections shall be under the control of the council and the mayor..." and that "[t]he council shall, by ordinance or resolution, make provisions for holding all city elections...'; and WHEREAS, the Charter makes no express provision for action when the City Council is unable to agree on an appointed candidate to fill an interim vacancy on the City Council; and WI-IEREAS, California Elections Code section 1000 provides that established election dates in each year include the first Tuesday after the first Monday in June and the first Tuesday after the first Monday in November; and WHEREAS, established election dates in 2007 include June 5 and November 6, 2007; and WHEREAS, California Elections Code section 10220 provides that voters may nominate candidates for a municipal election by signing nomination papers no earlier than the 113`h day and no later than the 880 day before the election, or no earlier than February 12, 2007 and no later than March 9, 2007 for a June 5, 2007 municipal election; NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS FOLLOWS: 1. The above -recitals are hereby adopted as true and correct and as the findings of the City Council, 2. Pursuant to the Petaluma City Charter and the general law of the State, there is called and ordered to be held in the City of Petaluma, California, on Tuesday, June 5, 2007, a special municipal election for the purpose of electing a council member to fill the unexpired council member term of Mayor Pamela Torliatt until a council member elected at the next general municipal election on November 11, 2008 takes office. 3. The circulation and return of nominating papers shall comply with the general laws of the State, including California Elections Code section 10220 et seg., and shall be available from the City Clerk during normal business hours no later than February 12, 2007 and shall be returned to the City Clerk no later than close of business on March 9, 2007. 4. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election, directly and/or using the services of the Sonoma County Clerk, as permitted by law. 5. The polls for the election shall be open at seven o'clock a.m. the day of the election and shall remain open continuously from that time until eight o'clock p,m. of the same day, when the polls shall be closed, except as provided in California Elections Code section 14401. 6. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 6. Notice of the time and place of holding the election is hereby 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. lr; PASSED and ADOPTED this day of 2007, by the following vote: AYES: NOES: ATTEST: CITY OF PETALUMA City Clerk Mayor Y.930678 6 RESOLUTION CALLING AND GIVING NOTICE OF A SPECIAI, MUNICIPAL ELECTION TO BE HELD BY MAIL BALLOT ON TUESDAY, JUNE 5, 3007 TO ELECT A CITY COUNCIL MEMBER TO FILL THE UNEXPIRED COUNCIL MEMBER TERM OF MAYOR PAMELA TORLIATT AND SETTING DATES FOR THE FILING OF NOIlIINATION PAPERS AND RETURN OF BALLOTS WHEREAS, Section 13 of Article IV, "Elective Officers", of the Charter of the City of Petaluma ("Charter") provides that. "If a vacancy should occur in the office of mayor or councilman, the council shall appoint a person to fill such vacancy until the next general municipal election..."; and WHEREAS, in accordance with Section 13 of Article IV of the Charter, at its regular meeting of February 5, 2007, the City Council met and considered the applications submitted and heard from candidates applying to fill the unexpired council member term resulting from Mayor Pamela Torliatt taking office as elected Mayor of the City on January 4, 2007, said appointed council member to serve until a council member elected at the next general municipal election on November 11, 2008 takes office; and WHEREAS, a majority of the City Council present and voting on February 5, 2007, was unable to agree on a candidate for appointment to fill said unexpired term; and WHEREAS, pressing and important business will come before the City Council before the general municipal election to be held on November 11, 2008, which will require consideration and action by a full complement of City Council members in order to best serve the interests of the citizens of the City of Petaluma; and, WHEREAS, Section 4 of Article III of the Charter provides for the holding of special municipal elections; and WHEREAS, Section 4 of Article III of the Charter provides that except as otherwise specified in the Charter, "all regular and special municipal elections of this city are to be held in accordance with the provisions of the Elections Code of the State of California"; and WHEREAS, Section 4 of Article III of the Charter provides that, "The conduct and carrying on of all city elections shall be under the control of the council and the mayor..." and that "[t]he council shall, by ordinance or resolution, make provisions for holding all city elections...'; and WHEREAS, the Charter makes no express provision for action when the City Council is unable to agree on an appointed candidate to fill an interim vacancy on the City Council; and WHEREAS, the Charter makes no express provision regarding an all -mail ballot election; and BCS WHEREAS, California Elections Code section 1000 provides that established election dates in each year include the first Tuesday after the first Monday in Jime and the first Tuesday after the first Monday in November; and WHEREAS, established election dates in 2007 include June 5 and November 6, 2007; and WHEREAS, California Elections Code section 10220 provides that voters may nominate candidates for a municipal election by signing nomination papers no earlier than the 113'h day and no later than the 88°i day before the election, or no earlier than February 12, 2007 and no later than March 9, 2007 for a June 5, 2007 municipal election; and WHEREAS, California Elections Code section 4004 permits a special election to fill a vacancy on the Petaluma City Council to be conducted by all -mail ballot; and WHEREAS, California Elections Code section 4004 pemrits cities with populations of 100,000 or less to conduct all -mail ballot elections to fill vacancies on the legislative body, and to hold such elections on dates other than the established elections dates for all - mail ballots specified in California Elections Code section 1500; NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND DECLARED AS FOLLOWS: 1. The above -recitals are hereby adopted as true and correct and as the findings of the City Council. 2. Pursuant to the Petaluma City Charter and the general law of the State, there is called and ordered to be held in the City of Petaluma, California, on Tuesday, June 5, 2007, a special municipal election by all -mail ballot for the purpose of electing a council member to fill the unexpired council member term vacated by Mayor Pamela Torliatt until a council member elected at the next general municipal election on November 11, 2008 takes office. 3. The circulation and return of nominating papers shall comply with the general laws of the State, including Elections Code section 10220 et seq., and shall be available from the City Cleric during normal business hours no later than February 12, 2007 and shall be returned to the City Clerk no later than close of business on March 9, 2007. 4. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election, directly and/or using the services of the Sonoma County Cleric, as permitted by law. 5. The election shall be conducted by all -mail ballot in conformance with the requirements of state law for such all -mail ballot including, but not limited to, California Elections Code Section 3017, with all ballots cast to be voted and returned to the election official furnishing said ballots on or before the day of the election. 6. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 7. Notice of the time and place of holding the election is hereby given and the City Cleric is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. PASSED and ADOPTED this day of following vote: AYES: NOES: ABSTAIN: ATTEST: CITY OF PETALUMA City Clerk Mayor #930753 , 7007, by the I2) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ESTABLISHING REGULATIONS PURSUANT TO THE CALIFORNIA ELECTIONS CODE FOR THE JUNE 5, 2007 SPECIAL MUNICIPAL ELECTION (Candidate Ballot Statements, Including Charges Therefore) WHEREAS, the City Charter of the City of Petaluma authorizes the City Council to provide for the method of conducting General Municipal Elections, including regulations with respect to the candidate ballot statements, additional materials to be included within the voter's pamphlet; charges for the candidate ballot statements and such additional materials, permissible number of words in candidate ballot statement and other matters relating to the foregoing; and, WHEREAS, such regulations governing election of a city council member to occupy the city council seat vacated by Mayor Pamela Torliatt must be established prior to the opening of the nomination period for the June S, 2007 Special Municipal Election to provide adequate notice to potential candidates; and WHEREAS, the regulations adopted herein were applied to the 2006 general municipal election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma that the following regulations shall apply -to the June S, 2007 Special Municipal Election of a City Council member to occupy the City Council seat vacated by Mayor Pamela Torliatt: Candidate ballot statements shall be limited to no more than 200 words. 2. At the time of filing nominating papers and candidate statements, candidates shall pay a deposit toward their pro rata share of the costs of printing, handling, translating and mailing the candidates' statements. This deposit shall equal the estimated amount provided by the County Registrar of Voters at the beginning of the nomination period for this election. The candidates shall be billed for any additional costs or reimbursed for any amounts paid in excess within 30 days of the actual accounting of said costs by the County Registrar of Voters. 3. No additional materials shall be authorized for submission to the City Clerk or shall be submitted by candidates to be mailed in addition to the Sample Ballot and Voter's Pamphlet. 4. In all other respects, the provisions of the California Elections Code and other provisions of law pertaining thereto shall govern. '930909 CITY OF PETALUMA, CALIFORNIA MEMORANDUM Gty Attorney's Office, 11 English Street, Petaluma, CA 94952 (7b7)778-4362 Fax(707)778-4420 E-mail: attorney r�V+atiyetalrtma.ca.us .DATE: December 8, 2006 TO: Honorable Mayor and City Council Members FROM: Eric W. Daniy, City Attorney Bv: Leslie A. 'Thomsen, Of Counsel SUBJECT: Procedure for Filling Council Vacancy Privilege Waived By Action of Council on January 22, 2007. a - Eric W, Danly, City Attorney PRIVILEGED AND CClNFIDENTML On December 4, 2006, the City Council reviewed the Official Statement of Votes Cast prepared by the Sonoma County Clerk and adopted Resolution No. 2006-200 N.C.S., declaring the canvass of returns and results of the regular municipal election hold November 7, 2006, which showed that Council Member Pamela Torliatt was elected mayor of the City of Petaluma in that election. Mayor -Elect Torliatt's assumption of office as mayor at the first Council meeting in January, 2007 will create a vacancy for the two-year remainder of her term as a council member. I. Questions Presentcd: What procedures must be followed to fill the vacancy on the City Council? II. . Short Answer: Once Mayor -Elect Torliatt takes office as mayor, and the vacancy in her position as council member occurs, the City Charter directs that the City Council "shall appoint a person to fill the vacancy until the next general municipal election." The Charter is silent on when the Council appointment must occur. To the extent the timing of the appointment is governed by state elections law, it must either occur within 30 days of commencement of the vacancy, or the Council must call a special election to fill the vacancy, Such a special election must be held on the next regularly established election date not less than 114 days from the call of the special election. In this case, that would most likely mean calling a special election for June, 2007. However, as discussed below, it is not clear that the time of the Council appointment is governed by state elections law. Treating this issue as governed by state law probably provides clearer direction concerning disposition of this issue, but the Council may not wish to be required ,.O Memorandum to Honorable Mayor and Councilmembers Re: Procedure for Pilling Vacancy of Council Term December 8, 2006 Page 2 to call a special election, and incur the related expense, if unable to agree on an appointment within 30 days of the seating of the new mayor. M. Discussion: Requirements for Filling Council Vacancies Applicable Rules for Filling Vacant Council Seats Charter cities like the City of Petaluma are not governed by the California )elections Code, but they may adopt the state law or portions of it by reference.' The Petaluma City Charter adopts the state laws concerning elections, but only to the extent state law does not contradict Charter provisions governing elections. Article ill, Section 4 of the City Charter provides in part "[e]xcept as otherwise specifically provided, all regular and special municipal elections of this city are to be hold in accordance with the provisions of the Elections Code of the State of California, including all amendments thereto." Similarly, Article III, Section 6, provides in part "[t)he provisions of the general latus of the state governing the election for state and county officers, not inconsistent with the provisions of this Charter, shall govern City elections in matters of which no provision is madein this Charter and the city council and city clerk respectively shall exercise the power and perform the duties conferred or imposed by such laws on boards of supervisors and county clerks concerning elections." Article III of the City Charter is entitled "Elections" and it does not expressly address filling of vacancies. However, it seems reasonable to read Sections 4 and 6 of Title III to reflect an intent that filling of vacancies, Iike elections, should be governed by the California Elections Code except as otherwise provided in the Charter. Article IV, Section 13 of the City Charter governs vacancies. in the office of mayor and council members and provides that the City Council "shall appoint a person to till the vacancy until the next general municipal election." Similarly, provision V(F)(1) of the City Council Rule's, Policies and Procedures provides that if a vacancy occurs in the office of Mayor or Council Member, the vacancy shall be filled by appointment pursuant to section 13 of the City Charter. However, the Charter is silent on when the appointment must occur, Therefore, it . would appear reasonable to conclude that in accordance with Article III, Section 6, of the Charter, which adopts state election law on matters -not addressed in the Charter, California Government Code Section 36512, subdivision (b), applies concerning when the Council must act to fill the vacancy. Under Section 36512(6), 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 Cal. Const. Art. Xl, §5(b), People v. Hill (1899)125 Cal, 16 2) Memorandum to Honorable Mayor and Councilrnembers Re: Procedure for Filling Vacancy of Council Term December 8, 2006 Page 3 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. Therefore, since the City Charter docs not address when the Council must act on the vacancy, if section 36512 of the Government Code applies, as Article I11, Section 6 of the City Charter suggests, the council must appoint a successor within 30 days of the occurrence of the vacancy in accordance with Section 53612(b) (i.e. within 30 days of Mayor -Elect Torliatt's assuming the office of mayor). Also, since the Charter does not address what occurs if a majority of the Council are unable to select a successor, if Section 53612(b) applies, it would require calling a special election if a majority can not reach agreement on a successor within 30 days from the occurrence of the vacancy, and preclude permitting the seat to remain vacant until the next general election. Under section 53612(b), a special election must be called on the next regularly established election date not less than 114 days from the call of the election. In this case, such a special election would probably need to be called in June, 2007. However, since sections 4 and 6 of Article ICI of the Charter do not expressly address the filling of vacancies, it is not certain that Section 53612(b) would apply. Also, even if section 53612 does not apply, Ieaving the vacant seat open until the next regular municipal election would be inconsistent with the express requirement in section 13 of the Charter that a successor be appointed. 2. Qualifications for Office Regardless of whether the successor to the vacancy is appointed or elected, that person must be an elector of the City at the time of assuming office.' If the successor council member is elected, he or she must be a Iegal resident of the City and a registered voter in the City at the time nomination papers are issued, 3. Caveat Neither the City Charter, the Council Rules, Policies and Procedures, nor the State Elections Code, are particularly clear in their language or without ambiguity. Elections laws in California are famously arcane. In addition, in the case of a charter city such as Petaluma that has adopted, at least in part, the State Elections Code, it is necessary to reconcile City Charter and regulation requirements concerning elections with state law, even concerning such potentially straightforward questions as how to fill a council vacancy. Also, especially in the case of a charter city, past practice of the City may inform how the Charter and City Rules, Policies and Procedures should be construed and applied. ' CaL Gov't Code §36502 22- Memorandum to Honorable Mayor and Couneilmembers Re: Procedure for Filling Vacancy of Council Tenn December 8, 2006 Page 4 4. Past Practice: 1986 Procedure to fit Vacancy In 1986, the City filled a council vacancy created by the death of Roland Bond. At one council meeting, the Council approved a resolution requesting that interested parties submit letters of application. The letters were accepted for 10 days. At the next Council meeting, the Council considered the applications of eight persons and then voted. Three voted for Brian Sobel; two voted for two other applicants; and one member was absent. Sobel was then appointed by resolution. Unfortunately, no information is available from the minutes to determine the content of the application letters, any notice provided about the application process, nor the appointment procedures at the council meeting, The most recent vacancy, that of council member Canevaro, was not filled by Council appointment or special election, 5; Practice in Other Cities The Council may wish to consider adopting its own procedure, perhaps in connection with its annual review of the Council Rules, Policies and Procedures. Some procedures used in other cities include: 1) Provide public notice of the open council vacancy, including the procedures for filling the seat, such as: . a) Qualified persons submit application b) Public hearing at a council meeting c) Vote by the Council at the conclusion of the hearing; 2) Create an application for interested parties to complete by a certain date 3) Council review of applications 4) At the noticed Council meeting, one, some or all of the following: • Applicants can have a few minutes to provide qualifications • Council can query the applicant • Public can comment on applicants 5) At the end of the hearing, the Council votes: • Appointed person can be individual that gets most votes or through a successive vote process when one member receives 4 votes E5'LNLATlI1i 898983 cc: Mike Bierman, City Manager THIS DOCUMENT AND THE CONTENTS HEREIN ARE CONFIDENTIAL AND PRIVILEGED BY THE ATTORNEY-CLIENT AND WORK PRODUCT PRIVILEGES. THIS DOCUMENT OR THE CONTENTS HEREIN SHALL NOT BE DISCLOSED. �_21 City ®f Petaluma, California 4 Office of the City Clerk 11 English Street - Petaluma, CA 94952 �85a Phone: 707.778.4360 • FAX: 707.778.4554 • E -Mail: cityclerk@ci.petalumo.ca.us Application to FIII City Council Vacancy Please return completed application to the Office of the City Clerk no later than 5:00 p.m. on Thursday, February 1, 2007. Applications may be delivered in person, by mail, e-mail, or FAX. A resume should be submitted with the application. Name: Home address, City, State, Zip: Home Phone: Work Phone: Please print or type your answers to the following questions and submit to the City Clerk's Office. You may submit additional sheets, if necessary, to complete your answers. What do you see as the best solutions, both long and short term, for economic development in Petaluma? Page 1 2 -Lk Imagine yourself as a visitor to Petaluma. What do you see physically, economically, environmentally as you walk around town? and The General Plan (Plan) is the guidinq document and vision for the City. How would you interpret the policies and goals articulated in the plan? Mow flexible would you be and would you feel comfortable not approvinq specific land uses allowed in the Plan? Page 2 Q-5 The growth management system has been an element of the development process in Petaluma since 1972, and an Urban Growth Boundary was adopted in 1996 to control the physical growth of Petaluma. With these two mayor policies in mind, and given the pressure for ongoing growth during the next decade or so, what two or three polices and programs would you promote to protect the h15toric, cultural, and physical aspects of Petaluma? How would you address current and future flooding issues for Petaluma? Page 3 2la How would you address current and future traffic congestion in Petaluma? What infill pohaes do you think should be adopted in light of the Urban Growth Boundary passed by the voters? Signature January 23, 2007 Date Page 4 V