2022-10 RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING GUIDELINES ON THE FILLING OF VACANCIES
ON THE CITY COUNCIL
WHEREAS, Government Code Section 36512(b) provides that, in the event of a
vacancy on the City Council, the City Council "... shall, within 60 days from the
commencement of the vacancy, either fill the vacancy by appointment or call a special
election to fill the vacancy"; and
WHEREAS, the City Council prefers to fill vacancies in its membership by
appointment and, therefore, the guidelines attached hereto, and incorporated herein by
this reference, as Exhibit A were prepared ("Guidelines"); and
WHEREAS, the City Council desires to adopt the Guidelines so that will enable it
to fill vacancies effectively and efficiently in its membership; and
WHEREAS, the Guidelines are not intended to be restrictive and the City Council
may otherwise act in a manner that conflicts with the Guidelines but is consistent with
applicable law;
WHEREAS, the Clty Council intends that, to the extent the Guidelines conflict with
general law, general law shall govern;
WHEREAS, based upon the forgoing, the City Council therefore desires to adopt
the Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand
Terrace, as follows:
Section 1. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. The Guidelines are hereby adopted in substantially the form as
attached hereto and incorporated herein by this reference as Exhibit A.
Section 3. The City Attorney is authorized to make such non-substantive or
technical changes to the Guidelines as may be required to ensure that the Guidelines are
consistent with applicable law.
Section 4. The City Manager is authorized to take all actions necessary and
appropriate to implement the Guidelines.
Section 5. This Resolution shall immediately take effect upon passage.
CC Reso No.2022-10 Page 1 of 4 February 8,2022
PASSED, APPROVED and ORDERED by the City Council of the City of Grand
Terrace, California at a regular meeting held on the 8th day of February, 2022.
Darc Mc
Mayor
ATTEST:
ebra Thomas
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
CC Reso No.2022-10 Page 2 of 4 February 8,2022
EXHIBIT "A"
Guidelines for Filling City Council Vacancies by Appointment
I. Purpose and Limitations
The purpose of these guidelines is to provide general guidelines on filling City
Council vacancies by appointment. These guidelines are not intended to be restrictive
and shall not be interpreted as restricting the City Council's authority to otherwise act
pursuant to law. As such, these guidelines are only intended to express the City Council's
preference to fill a vacancy by appointment and, therefore, the City Council may act in a
manner that is in conflict with these guidelines, provided that such acts are consistent
with applicable law. To the extent that there is a conflict between these guidelines and
general law, general law shall govern.
II. 60-Day Deadline Under General Law
In relevant part, Government Code Section 34512(b) provides that " If a vacancy
occurs in an elective office provided for in this chapter, the council shall, within 60 days
from the commencement of the vacancy, either fill the vacancy by appointment or call a
special election to fill the vacancy." Thus, the City Council must either fill a vacancy or
call a special election within 60 days.
III. General Procedures
A. Initial Meeting: Within 7 days of the commencement of the vacancy, a
regular or special meeting of the City Council shall be scheduled for the
purposes of filling the vacancy and to provide direction to staff on seeking
applications from candidates to fill the vacancy or to provide such other
direction as may be appropriate, including, but not limited to, direction
consistent with Government Code Section 34512. If the City Council
determines to fill the vacancy by appointment, then the City Council will
proceed to the steps outlined in Section III(B).
B. Filling By Appointment
1. First Meeting — Interview Selection: Within 15 days of holding the
Initial Meeting, a regular or special meeting of the City Council shall
be scheduled so that the City Council may consider and select
potential candidates to be interviewed.
2. Second Meetinq — Candidate Interviews: Within 15 days of the First
Meeting, a regular or special meeting of the City Council shall be
scheduled so that the City Council may interview potential
candidates.
3. Third Meeting — Candidate Appointment: Within 15 days of the
Second Meeting, a regular or special meeting of the City Council
shall be scheduled so that the City Council may appoint an individual
CC Reso No.2022-10 Page 3 of 4 February 8,2022
from the interviewed candidates to fill the City Council vacancy.
C. Special Election: In the event that the City Council does not fill the vacancy
by appointment, then a regular or special meeting of the City Council shall
be called prior to the 60th day from the commencement of the vacancy for
the purpose of calling a special election to fill such vacancy in a manner
consistent with Government Code Section 34512.
D. Adjustments. The timelines provided herein may be extended or shortened
by the City Council, provided that such timelines may not be extended in
violation of Government Code Section 36512. Further, the City Council may
schedule additional meetings as needed, provided that the meetings do not
conflict with timelines provided under Government Code Section 36512.
E. Multiple Vacancies. In the case of multiple vacancies on the City Council,
the procedure described above may be run concurrently for each vacancy
and may be adjusted as necessary to ensure compliance with Government
Code Section 36512.
IV. Appointment Criteria
Government Code Section 34512 does not provide criteria for filling a City Council
vacancy by appointment. As such, the following is a list of suggested criteria:
A. The individual's availability to serve as a Council Member in light of other
commitments, such as a job.
B. The individual's knowledge and experience with current City issues and
governance.
C. The individual's level of community engagement, such as participation in
community organizations.
D. The individual's level of civic engagement, such as participation on City
committees, commissions, and boards.
E. The individual's goals and objectives if appointed as a City Council member.
F. Whether the individual sought a seat on the City Council at the last regular
election and, if so, the number of votes the individual received.
CC Reso No.2022-10 Page 4 of 4 February 8,2022
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-10
was duly passed, approved and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, at the regular meeting of said City Council
held on the 8th day of February 2022, and that the same was passed and adopted by
the following vote:
AYES: Council Members Allen, Wilson, Robles; Mayor Pro Tern Hussey,
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 91h day of February 2022, at Grand Terrace, California.
Debra L. Thomas
City Clerk
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