Filling of Vacant Council Seat in District 5 (R-14-01 and R-15-01)

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CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF February 20, 2001 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: TERESA S. DELGADO Assistant City Clerk SUBJECT: VACANT COUNCIL SEAT IN DISTRICT 5, APPOINTMENT OR SPECIAL ELECTION DATE: February 9, 2001 BACKGROUND: A vacant City Council seat exists in District 5 following the appointment of Deirdre Bennett to the Mayor's position. By law, City Council has 30 days within which to fill the vacancy either by appointment or by calling for an election. On February 6, 2001, the City Council directed Staff to prepare all necessary documents for Council's possible action at its next regular meeting. Herewith is Government Code Section 36512 (b): "(b) 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 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." [Emphasis added.] ANALYSIS/DISCUSSION: The applicable law dictates that there can be no less than 114 days from the calling of the election to the election date. The City Council cannot call for the election on February 20 ``' for June 5' as there are only 105 days between those dates. In order to have met that criteria for the June 5'' election, the City Council needed to have called for the special election at its regular meeting held February 6'''; however, that action would not have allowed sufficient time for proper legal notice, via newspaper publication, of the vacancy and announcement of the candidate filing period that would have commenced on February 13'h. Item #13