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HomeMy WebLinkAbout2002-12-18 e-packet ~'t\l s4N 's o '"' l>< ...... E;;. ~ v 0 C'4lIFOIt~\~ 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 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE DECEMBER 18, 2002 6:15 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 ofthe Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 18th day of December, 2002, at 6:15 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, 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 Council vacancy 5. Consideration of and possible appointment, or call for election to fill vacancy 6. Adjournment Staff Report DATE: December 18, 2002 TO: The Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney By: Kimberly A. Johnson, Assistant City Attorney SUBJECT: Adoption of Resolution to Fill City Council Vacancy RECOMMENDATION: Conduct interviews for appointment to council seat vacated by Gene Mullin and either adopt a resolution appointing an individual to the unexpired term or adopt a resolution calling for a special election on June 3, 2003, to fill the vacancy. BACKGROUND/DISCDSSION: On November 5, 2002, Mayor Gene Mullin was elected to the California State Assembly. Mayor Mullin resigned his position with the City effective November 20,2002, resulting in a vacancy on the Council. According to the provisions of Government Code section 36512 and South San Francisco Municipal Code S 2.18.040, within 30 days of the vacancy occurring, Council must either appoint a person to the vacant seat or call for a special election. The Council should first decide whether it would like to appoint an individual for the unexpired term or call for an election. If the Council decides to appoint an individual, the Clerk has ballots available for voting. Each ballot submitted must have the Councilmember' s name on the ballot. If the voting results in an individual being selected to serve on the Council, the Council should adopt a Resolution in the form attached as Exhibit A to this Report. The individual appointed will serve the unexpired term of Gene Mullin and will hold all the rights and privileges conferred by the office. However, if after deliberations, the Council decides to proceed by way of special election, the Council should adopt a Resolution in the form attached as Exhibit B. If the City Council calls a special election, that election will take place on Tuesday, June 3, 2003. cc: Michael A. Wilson, City Manager Sylvi . Pay, , City Clerk Enclosure: Resolutions EXHIBIT A RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPOINTING TO THE POSITION OF COUNCILMEMBER TO FILL THE REMAINDER OF THE VACANT TERM WHEREAS, Councilmember Mullin resigned effective November 20, 2002, leaving a vacancy on the City Council with a term set to expire in November of 2003; and WHEREAS, the Council has determined to fill the vacancy by appointment in conformity with Government Code Section 35612. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby appoints to the position of Councilmember for the remainder of the unexpired term commencing on and ending with * * * * * * 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 , 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk F:\file cabinet\Current Reso's\12-18appointmentres.doc EXHIBIT B RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE CONSOLIDATED WITH THE ELECnON IN JUNE 2003 WHEREAS, Councilmember Mullin resigned effective November 20, 2002 leaving a vacancy on the City Council with a term set to expire in November of 2003; and WHEREAS, the Council has determined to fill the vacancy by special election in conformity with Government Code Section 35612. NOW, THEREFORE, BE IT RESOLVED as follows: 1) That a special election shall be held on June 3, 2002 to fill the remainder of the vacant term. 2) That for said elections, candidates shall declare their candidacy and shall be nominated; the election shall be held and conducted; election returns shall be canvassed; the results shall be declared; and the certificates of election shall be issued, in the same manner as in elections for County officers and Section 10418 of the Elections Code. * * * * * * 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 , 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk F:\file cabinet\Current Reso's\12-18election.res.doc RESOLUTION NO. 112-2002 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPOINTING RICHARD GARBARINO TO THE POSITION OF COUNCILMEMBER TO FILL THE REMAINDER OF THE UNEXPIRED TERM WHEREAS, Councilmember Mullin resigned effective November 20, 2002, leaving a vacancy on the City Council with a term set to expire in November of 2003; and WHEREAS, the Council has determined to fill the vacancy by appointment in conformity with Government Code Section 35612. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby appoints Richard A. Garbarino to the position of Councilmember for the remainder of the unexpired term commencing on December 18, 2002 and ending with November 4,2003. * * * * * 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 special meeting held on the 18th day of December 2002 by the following vote: AYES: Councilmembers Joseph A. Fernekes and Raymond L. Green Mayor Pro Tern Karyl Matsumoto and Mavor Pedro Gonzalez NOES: None. ABSTAIN: None. ABSENT: None. ATIEST: ~d'-'-" /h . q/LP , / . City Clerk