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HomeMy WebLinkAbout02/21/2007c,vity Council Agenda D�l►IO�D B� � Wednesday, February 21, 2007 Adjourned Regular Meeting 4:00 p.m. — Conference Room B Diamond Bar City Hall 21825 Copley Drive Diamond Bar, CA 91765 Mayor Steve Tye Mayor Pro Tem Jack Tanaka Council Member Wen Chang Council Member Carol Herrera City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in 'the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers, The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR CITY COUNCIL AGENDA ADJOURNED REGULAR MEETING February 21, 2007 Conference Room B CALL TO ORDER: 4:00 p.m PLEDGE OF ALLEGIANCE: Mayor 2. ROLL CALL: Council Members Chang, Herrera, Mayor Pro Tem Tanaka, Mayor Tye 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. COUNCIL CONSIDERATION: 4.1 Procedure and Discussion for Filling City Council Vacancy. Recommended Action: Discuss and Take Action/Direct Staff Accordingly. Requested by: City Manager 5. ADJOURNMENT: Agenda # 8.114. 1 Meeting Date: February 20, 2007 - February 21, 2007 AGENDACITY COUNCIL • TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: Procedure and discussion for filling City Council vacancy. RECOMMENDATION: Discuss options and take action and /or direct staff accordingly. BACKGROUND: While the City Council and community mourn the loss of Council member Bob Zirbes, the City Council is required by law to fill the vacancy created by his passing. This report briefly sets forth the procedures contained in the California Government Code governing the filling of a midterm vacancy on the City Council and the available options for the Council to consider. The Council may chose to appoint or call for an election. The Council has thirty days from the date of the vacancy in which to take one of three available actions. The City Council must fill the vacancy or call for an election by March 10, 2007 or, by law, the vacancy shall be filled by special election at the next regularly established election date (November 6, 2007). Council options are as follows: The Council may appoint someone to fill the remainder of the term (i.e. to November 2009). 2. The Council may appoint someone to serve only until a special election is held. The regulations to conduct a special election indicate that the next opportunity to conduct an election is November 6, 2007. The appointed person would be eligible to run in the election. The person elected in November 2007 would serve out the remainder of the term (i.e. two years, until November 2009). 3. The Council may, in lieu of an appointment as per #2 above, call a special election to fill the vacancy. Council may call the special election, which must be held in November 2007, and the person elected would fill the remainder of the term (i.e. until November 2009). Appointment The Council has thirty (30) days from the date of the vacancy (February 8, 2007) to complete the selection process. The last regular Council meeting prior to the deadline is March 6, 2007. A decision must be reached by March 10, 2007. The City Council may conduct public meetings as often as necessary to discuss the options and determine an appropriate course of action. 2. As stated above, the Council may appoint someone to fill the remainder of the term (November 2009) or only until the election date in November 2007. 3. Councilmember Huff's election to the Assembly in November 2004 resulted in the need to consider available options to fill the remainder of his term. With sufficient time to prepare, the Council solicited interest from citizens, conducted interviews, discussed options and ultimately determined to call for a June 2005 special election. There is no requirement for the City Council to advertise the current vacancy, receive interest/applications from citizens and conduct a similar selection process as used previously for the appointment. The City Council may simply select a citizen and appoint by majority vote. Election If the City Council prefers to conduct a special election the Council may also simply call for the November 6, 2007 election during the remaining time period (through March 10, 2007) without engaging in an appointment/selection process. The Council should review and discuss the available options and commence a process to fill the vacancy. The Council may take action tonight or continue the discussion to an adjourned meeting or the next regular meeting of March 6, 2007. jds