(1)AR 121206 vacancy of District 3

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CITY OF COLTON ITEM #1 AGENDA REPORT FOR COUNCIL MEETING OF DECEMBER 12, 2006 TO: Honorable Mayor and City Council FROM: Carolina R. Padilla, City Clerk SUBJECT: Discussion and Possible Action Regarding Filling of Councilmember Vacancy District 3 DATE: December 11, 2006 BACKGROUND: Effective December 5, 2006, a councilmember vacancy occurred in District 3 as Councilmember Chastain was sworn in as Mayor for the City of Colton. DISCUSSION/ANALYSIS: Government Code section 36512 requires that within 30 days of the commencement of the vacancy in the office of elected Councilmember, District 3, the City Council must either fill the vacancy by appointment or call a special election to fill the vacancy. If the City Council chooses to call a special election, it must be held on the next regularly scheduled election date that is at least 114 days after the call of the election. The person elected to fill the vacancy holds office for the unexpired term of the former Counciimember, District 3. In the current situation, the vacancy in the office of Councilmember, District 3, commenced on the date District 3 became officially vacant, which was December 5, 2006. The City Council has 30 days after that date to either appoint a person to the office of Councilmember for District 3, or to call a special election to fill the vacancy. Government Code Section 36512 gives the City Council complete discretion over whether to fill the vacancy by appointment or election. The ultimate decision is a policy decision to be made by a majority vote of the City Council. In this case, the City Council has until January 4, 2007 to make a decision. Since there will be no regular scheduled City Council meeting held on the first Tuesday in January, which is January 2, 2007, the Council must make its decision at today's Special Meeting, or if this item is continued, at the regular scheduled meeting on December 19th. Alternatively, the Council may hold another Special Meeting to make its decision on a date before January 4, 2007. Calling a Special Election to Fill Vacancy In the event the City Council decides to call a special election to fill the vacancy, the City Council would need to adopt a resolution calling the special election. The special election must then be scheduled on the next regularly established election date that is not less than 114 days from the date the resolution calling the election is adopted. California Elections Code Section 1000 define; established election dates as follows: (a) The second Tuesday of April in each even -numbered year. (b) The first Tuesday after the first Monday in March of each odd -numbered year. (c) The first Tuesday after the first Monday in June of each year. (d) The first Tuesday after the first Monday in November of each year.