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HomeMy WebLinkAbout2007-04-19 e-packet _. ;\)~t\ S:..v ~. >< . r;; \fiB [1 ~ . 'i': <(Lf}'-()l\.~ SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 CITY HALL CONFERENCE ROOM 400 GRAND AVENUE THURSDAY, APRIL 19,2007 6:00 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Thursday, the 19th day of 2007, at 6:00 p.m., in the City Hall Conference Room, 400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Interview applicants for City Clerk 5. Consideration of appointment to or special election for the position of City Clerk 6. Adjournment /s/ Shanna Ochoa Deputy City Clerk ~1\\. s~ 9 ~ - ~~\ C (""l 1>< c;; t:: C") u C4lWO~~O Staff Report AGENDA ITEM # 5 DATE: April 19, 2007 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: Consideration of appointment to or special election for the position of City Clerk RECOMMENDA TION: It is recommended that the City Council adopt one of the two attached resolutions. If, upon the conclusion of interview of the applicants, the Council desires to appoint an applicant to fill the vacancy, then it should adopt the appropriate resolution. If the Council does not wish to appoint any of the applicants, then it should adopt the resolution calling a special election on November 6, 2007 to fill the vacancy. BACKGROUND/DISCUSSION: As the Council is aware, Sylvia Payne retired from the position of City Clerk, effective March 30,2007. We have previously advised the Council that, under state law, it may fill an elected office such as the City Clerk either by appointing a successor or calling a special election. In either case, the successor will fill the office for the unexpired term of the incumbent. The person elected or appointed to fill the vacancy will serve until the winner of the November 2009 race for City Clerk takes office. The City advertised the vacancy by posting and publishing notice and inviting interested persons to apply. The notice was published in the paper, on the City's website, and on the local community access cable channel. Applications were due on April 16. The Council received under separate cover the applications received and potential interview questions for the applicants. The Council has now interviewed the applicants and may either appoint one of them to fill the vacant position or call a special election. If the Council wishes to appoint a successor, it may do so by adopting the appropriate resolution that is attached. If the Council wishes to calI a special election, a resolution is also attached for that purpose. The special election must be held more than 114 days from the date on which the Council calls the election and may be consolidated with a regularly scheduled election. The next regularly scheduled election that occurs more than 114 days from the date of tonight's meeting is the November 6,2007 election. The attached resolution calls the special election, requests that the County Board of Supervisors consolidate the election with the November 6 election, and asks that the County Registrar of Voters conduct the election on the City's behalf. It further Staff Report Subject: Consideration of appointment to or special election for the position of City Clerk Date: April 19, 2006 Page 2 authorizes the City Manager to reimburse the County for the costs of conducting the election. The dates for submitting nominating documents and candidate statements would be as established by the Elections Code. The deadline would be 5 p.m. on the 88th day prior to the election, which is August 10,2007. As the Council knows, candidate statements are not required of candidates. The City Council has several options regarding candidate statements: 1. The Council may set the length of candidate statements at any number of words between 200 and 400. 2. The Council may decide to require candidates to reimburse the City for their respective pro rata share of the cost of printing, handling, translating, and mailing candidate statements. If the Council decides to require reimbursement, it may also require payment of the estimated cost at the time that a candidate submits a statement. 3. The Council may not to require a candidate who qualifies as indigent to pay his or her pro rata share of the cost in advance of the election. It has the option, however, of requiring reimbursement after the election. Section 8 of the resolution is currently written to require both prepayment of the costs associated with candidate statements at the time that candidates submit the statements and reimbursement by indigent candidates after the election. The Council should decide on the length of candidate statements and about how candidate statement costs should be handled. Councilmember Matsumoto has additionally asked for ordinances and resolutions detailing the duties and work allocation for the elected city clerks of other cities in the San Mateo County. The relevant provisions from the municipal codes of the applicable cities are attached. Most of the municipal code provisions have only minimal descriptions of the duties of the city clerk, relying instead on the applicable provisions of the California Government Code to define the duties of the city clerk. The City of San Bruno has a more detailed list of the functions that the city clerk performs the most detailed information. The City Attorney's Office contacted each city to inquire about additional definitions of the duties of the city clerk adopted by resolution or uncodified ordinance. Ail of the cities indicated that they had not additional legislation. CONCLUSION: The City Council may fill the vacant position of City Clerk either by appointment or by calling a special election. The Council has interviewed interested applicants but must choose a method of filling the vacancy at tonight's meeting. Two resolutions are attached, one for appointment and one to call a special election on November 6,2007. The Council should adopt the resolution that effectuates the Council's preferred method of filling the vacancy. ~f(! : en T. Mattas, City Attorney 1. Resolution calling a special municipal election to fill the vacant position of City Clerk; requesting that Staff Report Subject: Consideration of appointment to or special election for the position of City Clerk Date: April 19, 2006 Page 3 the County Board of Supervisors consolidate the election with the regular election to be held on November 6,2007 and that the County Registrar perform certain election services in connection with said special election; and authorizing the City Manager to reimburse the County for election services 2. Resolution appointing a person to be identified at the meeting as the City Clerk of the City of South San Francisco to fill the vacant position 3. Municipal code provisions related to the duties of the city clerk, from San Mateo County cities with elected clerks RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO FILL THE VACANT POSITION OF CITY CLERK; REQUESTING THAT THE COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE ELECTION vVITH THE REGULAR ELECTION TO BE HELD ON NOVEMBER 6, 2007 AND THAT THE COUNTY REGISTRAR PERFORM CERTAIN ELECTION SERVICES IN CONNECTION WITH SAID SPECIAL ELECTION; AND AUTHORIZING THE CITY MANAGER TO REIMBURSE THE COUNTY FOR ELECTION SERVICES WHEREAS, the position of City Clerk became vacant upon the retirement of the incumbent, effective March 30,2007; and WHEREAS, the position of City Clerk is an elected position in the City of South San Francisco, and the term of the retired incumbent shall expire in November 2009; and WHEREAS, pursuant to Government Code Section 36512, when a vacancy occurs in a municipal elective office, the City Council may fill the vacancy by special election. In that event, the special election must be held on the next regularly established election date that is more than 114 days from the date that the Council calls the special election. The November 6,2007 election is the next election that satisfies those requirements; and WHEREAS, the City Council desires to submit to the voters an election to fill the position of City Clerk for the remainder of the retired incumbent's term; and WHEREAS, the City Council desires to have the Contra Costa County Registrar of V oters render certain services in connection with the special election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The City Council hereby calls a special municipal election to be held on November 6, 2007 to fill the vacant position of City Clerk. The candidate elected shall serve the remainder of the unexpired term of the retired incumbent. 2. Pursuant to Sections 10400 and 10403 of the California Elections Code, the City Council of the City of South San Francisco hereby requests that the San Mateo County Board of Supervisors direct the Registrar of Voters to conduct all necessary services related to the special municipal election, and to bill the City for the costs of conducting said election. 3. The timing of the submission of nomination documents for candidates shall be governed by Section 10407 of the California Elections Code and submitted to the office of the City Clerk no later than 5 p.m. 88 days prior to the date of the special election, which is August 10,2007. Nomination documents shall be available in the office of the City Clerk during the hours that City Hall is normally open to the public. 4. Candidate statements shall not exceed [200-400] words and shall be submitted to the office of the City Clerk with nominating documents, as required by Section 13307 of the California Elections Code. 5. The office of the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of San Mateo County. 6. The City Manager is hereby authorized to reimburse San Mateo County in full for such services actually performed upon presentation of a bill from the County. 7. Notice of the time and place of holding the election is hereby given and the office of the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 8. As permitted by Section 13307 of the Elections Code, all candidates shall be required to pay in advance and simultaneously with the submission of a candidate statement his or her estimated pro rata share of the cost of printing, handling, translating, and mailing the candidate statement. A candidate who submits a statement and qualifies as indigent under Section 13309 of the Elections Code shall not be required to pay his or her pro rata share of the cost of printing, handling, translating, and mailing the statement until after the election. The City Clerk is authorized to requirement payment in any reasonable form deemed appropriate to ensure collection. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the _ day of , 20_ by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPOINTING [NAME] AS THE CITY CLERK OF THE CITY OF SOUTH SAN FRANCISCO TO FILL THE VACANT POSITION WHEREAS, the position of City Clerk became vacant upon the retirement of the incumbent, effective March 30, 2007; and WHEREAS, the position of City Clerk is an elected position in the City of South San Francisco, and the term of the retired incumbent shall expire in November 2009; and WHEREAS, pursuant to Government Code Section 36512, when a vacancy occurs in a municipal elective office, the City Council may fill the vacancy by appointing a successor to fill the office for the unexpired term of the incumbent; and WHEREAS, the City advertised the vacancy in the position of City Clerk and requested applications from interested persons by posting notice within the City and publishing notice in a newspaper, on the City's website, and on the local community access cable channel. The deadline for submitting applications was April 16, 2007; and WHEREAS, on position of City Clerk, including , 2007, the City Council interviewed candidates to fill the [name] NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby appoints [name] to the position of City Clerk for a term that shall expire upon the assumption of the office of City Clerk by the person elected at the November 2009 general municipal election. * * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the_ day of , 20_ by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk Cities in San Mateo County with Elected City Clerks Belmont Chapter 2, Administration Sec. 2.6. Bonds of city clerk and city treasurer. The city council shall, by resolution, require execution of bonds by employees and officers, including but not limited to, the city clerk and city treasurer, before entering upon the duties of their respective offices. The bond shall be in the penal sum recommended by the city attorney and fixed by resolution of the council. (Ord. No. 978, ~ 1, 3-26-02) Sees. 2-7--2-18. Reserved. Sec. 2.39. Departmental cooperation. It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager and city council in administering the affairs of the city efficiently, economically and harmoniously. (Ord. No. 978, ~ 1, 3-26-02) Sec. 2.157. Commission minutes (finance commission). The commission shall record its meetings. Minutes of the commission's meetings shall be kept and shall be filed with the city clerk. Copies shall be made available to the city manager and members of the city council. (Ord. No. 1013, ~ 1, 2-14-06) Sec. 2.175. Commission minutes (parks & recreation commission). Minutes of the commission's meetings shall be kept and shall be filed with the city clerk and the recreation and park department. Copies shall be made available to members of the city council. (Ord. No. 978, ~ 1, 3-26-02) Burlingame 3.08.050 Compensation. The city clerk shall receive as compensation for the performance of such duties as are prescribed in the Government Code such salary as may be established by resolution of the city council. The resolution may provide for a lesser compensation if the person holding the office is also a full-time city employee. The city clerk shall be relieved of financial and accounting duties, including all such duties imposed upon the city clerk by Chapter 4, Part 2, Division 3, Title 4 and by Sections 40802 to 40805 of the Government Code of the state. Financial and accounting duties shall be performed by the director of finance along with such other duties as are prescribed. (Ord. 800 ~ 2, Ord. 875 ~ 1 (part), (1968); Ord. 955 ~ 1, (1972); Ord. 1 059 ~ 1, (1976); Ord. 1166 ~ 1, (1980); Ord. 1253 ~ 2; (1983)) 3.08.060 Compensation for special services. The city clerk shall receive additional compensation for his or her services as city auditor and assistant secretary of the planning commission as the city council shall from time to time determine by resolution. (1941 Code ~ 412.4, Ord. 826, (1965); Ord. 851 ~ 1, (1966); Ord. 863 ~ 1, (1967); Ord. 875 ~ 1 (part), (1968)) Daly City Chapter 2.06 CITY CLERK 2.06.010 Duties generally. The city clerk shall devote his entire time and attention during business hours to the duties of the city clerk as such duties are prescribed in the Government Code of the state. The city clerk shall perform such other duties as may from time to time be described by the city council, by resolution, and in this latter connection the city council reserves jurisdiction to prescribe appropriate salary therefor if need be. (Prior code ~ 2-1) 2.06.020 Vacation, sick leave and other benefits. The city clerk shall be allowed such vacation, sick leave and other benefits as are applicable to other city employees in accordance with provisions of the rules and regulations of the classified service of the city. (Prior code ~ 2-2) San Carlos Chapter 2.09 CITY CLERK 2.09.010 Compensation for City Clerk. The monthly compensation for the City Clerk, effective December 1, 2002, shall be fifty dollars per meeting of the City Council, not to exceed one hundred dollars per month. (Ord. 1313 ~ 1, 2002: Ord. 1258 ~ 1, 1999: Ord. 1 059 ~ 1, 1990) 2 San Bruno Chapter 2.20 City Clerk Section 2.20.010 Duties. The city clerk shall have the following duties: A. To maintain custody of official city records; B. To keep an accurate record of the proceeds of the city council in books bearing appropriate titles and devoted exclusively to such purposes, respectively, which books shall have a comprehensive general index; C. To keep a book marked "ordinances" and record in it all city ordinances with his certificate attached to each, stating its number; that it is a true and correct copy of a city ordinance; and that it has been published or posted pursuant to law; D. To be custodian of the city seal; E. To administer oaths and affirmations and take and certify affidavits and depositions pertaining to city affairs and businesses; F. To acknowledge instruments within the city; G. To appoint deputies; H. To perform such additional duties as are prescribed by state law or by ordinance. Section 2.20.020 Office and office hours. There shall be an office of the city clerk in the City Hall. Such office shall be open for the transaction of all city business between the hours of eight a.m. and five p.m. every calendar day except Saturdays, Sundays, and legal holidays. Section 2.20.020 Office and office hours. There shall be an office of the city clerk in the City Hall. Such office shall be open for the transaction of all city business between the hours of eight a.m. and five p.m. every calendar day except Saturdays, Sundays, and legal holidays. Section 2.20.040 Bond. Before entering upon the duties of his office, the city clerk shall execute a bond to the city. Except as otherwise provided by statute, the bonds shall conform to the provisions of the Government Code relating to bonds of public officers. The penal sum of the bond shall be in a reasonable amount recommended by the city attorney and fixed by resolution of the city council. 3 City Clerk (Appointment) Thursday, April 19, 2007 City Manager's Office Conference Room Interview Schedule I Candidate II Interview I Name Time 1. Kelly T eglia 6:00 - 6:20 PM 2. Viola Weber 6:20 -6:40 PM 3. Tammy Stone 6:40 - 7:00 PM 4. Martin Romero 7:00 - 7:20 PM 5. Winnie Wong 7:20 -7:40 PM 6. Irene Soto 7:40 - 8:00 PM 7. Aida Bose- Tuason 8:00 - 8:20 PM 8. Karen Albrecht 8:20 - 8:40 PM 9. Vinette Guitierrez 8:40 - 9:00 PM 10. Krista Joy Martinelli-Larson 9:00 - 9:20 PM 11. Mary L. Bolt 9:20 - 9:40 PM