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Home My WebLink AboutCC AG PKT 2008-01-14 #D . e e AGENDA REPORT DATE: January 14,2008 TO: Honorable Mayor and CIty CouncIl THRU: DavId Carmany, City Manager FROM: Lmda Devme, City Clerk SUBJECT: CITY COUNCIL VACANCY - DISTRICT TWO SUMMARY OF REQUEST: Accept the resIgnation of CouncIlman John H. Larson effective January 14,2008. Declare the DIstrict Two City CouncIl posItIon to be vacant, mvite the submIttal of letter of mterest from any qualIfIed person, with said appomtment to be made by February 11, 2008. BACKGROUND: CIty Charter section 403. Vacancies. A vacancy in any electIve office shall be filled m accordance with state law. Government Code SectIon 36512(b) IS the relevant code sectIon and provides as follows: "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 l:Jy 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. " The general municipal electIon for Councilman Larson's seat WIll be held on November 11, 2008. Accordingly, staff recommends that the CouncIl appomt a new councIlmember to serve Dlstnct Two untIl the next electIon. FINANCIAL IMPACT: None RECOMMENDATION: Accept the resignatIon of Councilman John H. Larson effectIve January 14, 2008. Adopt a resolutIon declaring vacancy, dIrectIng CIty Clerk to post a NotIce of Intention to Fill a Vacancy, and advertise for applIcants to fIll the vacancy. ~)w4 ~~, Li da Devme, City Clerk NOTED AND APPROVED: er~ DaVId Carmany, Cit Manager Agenda Item Z) . RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING A VACANT SEAT ON THE SEAL BEACH CITY COUNCIL, DIRECTING THE CITY CLERK TO POST A NOTICE OF INTENTION TO FILL A VACANCY ON THE SEAL BEACH CITY COUNCIL, AND ADVERTISE FOR APPLICATIONS TO FILL THE VACANCY. WHEREAS, on Tuesday, March 7, 2004 John H. Larson was elected to Ius second tenn of office on the Clly Council representmg Dlstnct Two of the CIty of Seal Beach, and WHEREAS, a vacancy on the Counc.1 of the CIty of Seal Beach now eJUSts as a result of Mr Larson's res.gmng Ius seat on the CIty Councd, effecllve January 14,2008, and WHEREAS, the CIty of Seal Beach CIty Cherter secl10n 403. VacancIes. A vacancy m any elecllve office shall be filled m accordance WIth state law. Government Code Secllon 36512(b).s the relevant code SecDon and prov1des as follows' "If a vacancy occurs m an e!ecllve office proVIded for m th.s chapter, the councll shall, wlthm 30 days from the commencement of the vacancy, ",ther flll the vacancy by appointment or call a special elecllon to fill the vacancy The spectal elecllon shall be held on the next regularly estabbshed elecllon date not less than 114 days from the call of the special e!ecllon A person appomted or elected to fill a vacancy holds office for the unexpIred tenn of the former mcombent " and WHEREAS, It .s the desire of the Coune.1 of Seal Beach to the fiU the vacancy on the Councll In a manner proVIded by law; e NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF SEAL BEACH, CAUFORNIA 1. That the CIty Councll hereby declares that, as of ranaury 14, 2008, a vacancy WIll exIst on the Seal Beach CIty Councd, 2. That It IS In the best mterest of the CIty of Seal Beach to fill the vacancy by appolDtment to assure contlDlllty 1D our local government; and 3. That the CIty Councll hereby directs the CIty Clerk to post a Nol1ce of Intenl10n to Flll a Vacancy on the Seal Beach CIty Councll and adVerbse for appbcallons to fin the vacancy. PASSED, APPROVED, AND ADOPTED by the City Councll of the C.ty of Seal Beach on the 14th day of Januarv .2008 by the fOnoWIng vote. AYES. Councll Members NOES: Councd Memben ABSENT CouncIl Members ABSTAIN' Council Members e Mayor A TI'EST: e Clly Clerk STATEOFCALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, LInda Devine, CIty Clerk of Seal Beach, Callforma, do hereby cer1lfy that the foregomg resolullon IS the ongmal copy of Resolullon Number _on file m the office of the CIty Clerk, passed, approved, and adopted by the CIty Council of the CIty of Seal Beach, at a regular meellng thereof held on the 14th day of January. 2008. CIty Clerk e e . e e DIVISION 3. OFFICERS PART 1. GENERAL............................................. 36501-36525 Government Code SectIon 36512(b) - relevant to vacancies 36512. (a) If a vacancy occurs in an appointive off~ce provided for in this chapter, the council shall fill the vacancy ~ appo~ntment. A person appointed to fill a vacancy holds office for the unexp~red term of the former incumbent. (b) If a vacancy occurs ~n an elective office provided for in this chapter, the council shall, within 30 days from the commencement of the vacancy, either fill the vacancy ~ appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly establ~shed election date not less than 114 days from the call of the special election. A person appo~nted or elected to fill a vacancy holds office for the unexp~red term of the former incumbent. (c) Notwithstanding subd~vision (b) and Sect~on 34902, a c~ty may enact an ordinance which: (1) Requires that a special election be called ~mmediately to fill every city counc~l 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 fram the call of the spec~al election. (2) Requires that a special election be held to fill a c~ty council vacancy and the office of mayor designated pursuant to Section 34902 when pet~tions bear~ng a spec~fied number of verified s~gnatures 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 fil~ng of the petit~on. A governing body which has enacted such an ordinance may also call a special elect~on pursuant to subdiv~sion (b) w~th out waiting for the fil~ng of a petit~on. (3) Prov~des that a person appo~nted to fill a vacancy on the city council holds office only unt~l the date of a spec~al election which shall immediately be called to f~ll the remainder of the term. The spec~al election may be held on the date of the next regularly established election or regularly scheduled munic~pa1 elect~on to be held throughout the c~ty not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdiv~sion (b) and Sect~on 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 ~n the manner provided ~ this subd~vision. (2) The city council may call an election to f~ll the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the c~ty council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly establ~shed elect~on date. Linda Devine ~ ",.og \/ :I Page 1 of 1 arom: _ent: To: John Larson Uohnlaw1950@verizon net] Wednesday, January 02, 2008 9.52 AM Linda Devine Cc: Charles Antos; Gordon Shanks; Michael Levitt; Ray Ybaben; Ray Ybaben; David Carmany SUbJect: Resignation Dear Linda: As you requested this will confirm that I resigned from the Council effective December 31,2007. John Larson e e 1/2/2008