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CITY of GLENDALE, CALIFORNIA REPORT to THE: Housing

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CITY of GLENDALE, CALIFORNIA REPORT to THE: Housing CITY OF GLENDALE, CALIFORNIA REPORT TO THE: Joint ~ City Council ~ Housing Authority E Successor Agency fl Oversight Board fl June 21, 2019 AGENDA ITEM Report: Discussion of Appointment to Fill the Vacancy on City Council Created by Resignation of Former Council Member Zareh Sinanyan (1) Motion to Appoint an Individual to Fill the Council Vacancy (2) Motion Directing Staff Regarding Filling the Council Vacancy COUNCIL ACTION Public Hearing U Ordinance fl Consent Calendar U Action Item ~ Report Only U Approved for June 21. 2019 calendar ADMINISTRATIVE ACTION Signature Submitted by: Yasmin Beers, City Manager Michael J. Garcia, City Attorney Prepared by: Michael J. Garcia, City Attorney Approved by: Yasmin Beers, City Manager 11 RECOMMENDATION That Council consider the individuals who have submitted Statements of Interest in being appointed to the vacant Council seat and make an appointment to fiN the vacancy. BACKGROUND There is a vacancy on the City Council as a result of former Councilmember Zareh Sinanyan’s resignation, effective June 7, 2019. At its regular meeting on June 11, 2019, the Council received a report regarding the options to fill the vacancy by appointment or calling a special election (Exhibit 1). The Council stated its preference to appoint an individual rather than calling for a special election. The Council directed staff to accept Statements of Interest from persons interested in being appointed to the vacancy. An appointed Council member will serve until the next general municipal election in March of 2020. The deadline to submit Statements of Interest was Monday, June 17, 2019 at 5:00 p.m. The City advertised the vacancy and appointment process on its website and social media, and the process was also publicized in the local media. Forty-five (45) interested individuals submitted Statements of Interest to be appointed to fill the Council vacancy. Staff has verified that, as of the writing of this Report, forty-three (43) individuals meet the qualification criteria (resident, U.S. citizen, at least 18 years of age, and registered voter in Glendale). The list of all applicants, their Statements of Interests, and voter registration status are provided in Exhibit 2. During the Council meeting, any councilmember can nominate any of the candidates. No second is needed for a nomination. If there is more than one candidate nominated to fill the vacancy, at the time of voting, each councilmember will indicate his or her vote by stating the name of the candidate he or she supports to fill the vacancy. The Council can change this process and have a different voting procedure by motion and majority vote. Three councilmember votes are necessary to make the appointment. The Council can also provide other direction as appropriate. FISCAL IMPACT The fiscal impact of appointing a person to fill the vacancy is associated with the salary and benefits of the Council Member for the period of appointment. Council Member salary will be $1730 per month, $50 per Housing Authority meeting, plus benefits. ALTERNATIVES Council has the following alternatives: Alternative 1: Appoint an individual to fill the Council vacancy. Alternative 2: Provide additional direction to staff. CAMPAIGN DISCLOSURE This section is not applicable. EXHIBITS 1. Report to Council dated June 11, 2019 re Council Vacancy 2. List of Applicants, Voter Registration Status, and Statements of Interest 2 MOTION Moved by Council Member ______________________________, seconded by Council Member _____________________________ that the Council of the City of Glendale, California hereby appoints _______________________ as councilmember to fill the vacancy on Council created on June 7,2019 by the resignation of Zareh Sinanyan. The appointee shall be eligible to serve as a councilmember upon taking the oath of office as required by law. The appointee shall serve until his or her successor is elected at the general municipal election on March 3, 2020 and thereafter sworn in as a councilmember. Vote as follows: Ayes: Noes: Absent: Abstain: APPROVED AS TO FORM J%Z~%414aç \\Ca2OOO~data\Shared\FILES\DOCFILES\FACTFIND\counciI vacancy - appointment 201 9.doc IAI MOTION Moved by Council Member ______________________________ seconded by Council Member _____________________________,that, regarding the vacancy on City Council created on June 7, 2019 by the resignation of Zareh Sinanyan, the Council directs staff as follows: Vote as follows: Ayes: Noes: Absent: Abstain: APPROVED AS TO FORM CITYA RNEY DATE_________ WCa2OOO\data~shared\FILES\DocFILES\FACTFIND~couriciI vacancy - direct staff 20194cc 9 CITY OF GLEN DALE, CALIFORNIA REPORTTO THE: Joint ~ City Council ~ Housing Authority D Successor Agency D Oversight Board C June 11, 2019 AGENDA ITEM Report: Discussion of Options for Appointment or Special Election to Fill the Vacahoy on City Council Created by Resignation of Former Council Member Zareh Sinanyan (1) Motion to Appoint an Individual to Fill the Council Vacancy (2) Motion Directing Staff on Options for a Future Appointment of a Person to Fill the Council Vacancy, Including any Process the Council Deems Appropriate Pertaining to Outreach, Recruitment and Selection (3) Motion Directing Staff to Prepare Appropriate Reports and Resolutions to Call for a Special Election for the Purpose of Filling the Council Vacancy (4) Motion Directing Staff Regarding Filling the Council Vacancy COUNCIL ACTION Public Hearing C Ordinance Li Consent Calendar fl Action Item ~ Report Only Q Approved for June 11, 2019 calendar ADMINISTRATIVE ACTION Signature Submitted by: Yasmin Beers, City Manager cE-, Michael J. Garcia, City Attorney Prepared by: F Michael J. Garcia, City Attorney Approved by: Yasmin Beers, City Manager EXHIBIT I RECOMMENDATION That Council consider the options presented in this Report and either take action or provide direction as appropriate. BACKGROUND There is a vacancy on the City Council as a result of Zareh Sinanyan’s resignation, effectIve June 7, 2019. When there is a vacancy, the Glendale City Charter sets forth the procedure to fill the vacancy. Article VI, Section 13 of the City provides: “Sec. 13. Vacancies in elective offices. Any member of the council who is absent from all meetings thereof for two consecutive months, unless excused by the council shall forfeit his (sic) seat. Any vacancy occurring in the council shall be filled by a majority vote of the remaining members of the council or by special election called by the council as required herein. Any vacancy occurring in any other elective office shall be filled by a majority vote of the whole council. The person appointed to fill a vacancy in any elective office shall serve until his (sic) successor is elected and qualified; provided, that where the term of the office to which such person is appointed expires on the second Monday following the ne~t general municipal election to be held after the occurring of the vacancy, such personal shall serve for the remainder of the unexpired term. If the term of the office to which such person is appointed does not expire on the second Monday following the next general municipal election to be held after the occurring of the vacancy, and the nomination period for the next general municipal election has not commenced, then at said next general municipal election a successor shall be elected, otherwise, such person so appointed shall hold office for the remainder of the unexpired term. Council shall make an appointment within thirty days of the vacancy. If an appointment is not made within thirty days, then council shall immediately call for a special election to be held within one hundred twenty (120) days for the purpose of filling such vacancy, unless the earliest next general election is no more than one hundred eighty (180) days from the call for special election.” Thus, the Council can either (i) appoint an individual within 30 days of the effective date of the creation of the vacancy, i.e. no later than July?, 2019, or (ii) call a special election to fill the vacancy. If the Council does not make an appointment within 30 days of the vacancy, then it must immediately thereafter call a special election since there are more than 180 days between the date the Council would have to call the special election and the earliest next general election on March 3, 2020. The Council would be required to call a special election not later than the first regular meeting at which it could place the matter on the 2 agenda after the expiration of the 30-day period. Council cannot elect to leave the seat vacant until the March 2020 election. Options for Initial Selection to Fill Vacancy Appointment The Council may consider making an appointment during the Council meeting of June 11, 2019. Alternatively, Council may direct staff on a process for appointment of an individual to fill the vacancy, including any outreach or application process Council deems appropriate. In either case, Council must make the appointment within thirty (30) days of the vacancy or, in this case, no later than July 7,2019. Any person appointed must be a Glendale resident and registered voter at the time of appointment. Call of Special Election If, however, the Council does not appoint a successor by July 7, 2019, the Charter requires the Council to immediately call a special election to be held within 120 days of the call of the election. Options for Special Election Under state law effective January 1, 2019, elections must be held on dates specified by the Elections Code or on a date required by a City Charter. Under state law, elections must be held no sooner than 88 days and no later than 103 days from the call of the election. Under the City Charter, the City can hold a special election no later than 120 days from the call of the election. Thus, if the City holds a special election, it must hold it no sooner than 88 days and no later than 120 days from the call of the election.
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