2012/08/22 City Council Agenda Packet
Mission Statement
"We Care for Our Residents by Working Together to
Build a Better Community for Today and Tomorrow."
City of Rohnert Park+ 130 Avram Avenue+Rohnert Park, California 94928
Phone: (707) S88-222S+FAX: (707) 792-1876+WEB: www.rpcity.org
ROHNERT PARK CITY COUNCIL
SPECIAL MEETING NOTICE AND AGENDA
NOTICE IS HEREBY GIVEN that a SPECIAL MEETING of the
ROHNERT PARK CITY COUNCIL
will be held on
Wednesday, August 22, 2012 at 10:00 a.m.
MEETING LOCATION: COMMUNITY CENTER - CONFERENCE ROOM
5401 Snyder Lane, Rohnert Park, California
Said special meeting shall be for the purpose of the following:
10:00 a.m.
1. CITY COUNCIL SPECIAL MEETING - Call to Order/Roll Call
(Ahanotu _ Belforte _Callinan_Stafford _ Mackenzie ~
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENTS
For public comment only on items listed on this agenda (limited to three minutes per appearance
with a 30 minute total time limit, or allocation of time based on number of speaker cards
submitted). Please fill out a speaker card prior to speaking.
4. APPOINTMENTS TO THE OFFICE OF CITY COUNCIL AND CANCELATION OF
THE GENERAL MUNICIPAL ELECTION
Consideration of Resolution(s) regarding the possible appointment of the only nominees to the
offices of the City Council of the City of Rohnert Park that were to be elected on Tuesday,
November 6, 2012 and cancelation of the General Municipal Election for the City currently
scheduled for November 6, 2012.
5. ADJOURNMENT of City Council Special Meeting
City of Rohnert Park SPECIAL MEETING Agenda - City Council
DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other
person to assist you while attending this City Council meeting, please contact the City Clerk's Office at
(707) 588-2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the
City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring
meeting materials to be produced in another format (Braille, audio-tape, etc.)
CERTIFICATION OF POSTING OF AGENDA
I, Carrie Willis, Deputy City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the
August 22,2012, Special Meeting of the Rohnert Park City Council was posted and available for review on
August 20, 2012, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The
agenda is also available on the City's web site: www.rpcity.org,
Executed this 20th day of August, 2012, at Rohnert Park, California.
Carrie Willis, Deputy City Clerk
Mission Statement
"We Carefor Our Residents by Working Together to Build a
Better Community for Today and Tomorrow."
CITY OF ROHNERT PARK
CITY COUNCIL AGENDA REPORT
Meeting Date: August 22,2012
Department: City Clerk's Office
Submitted By: JoAnne Currie, City Clerk
Prepared By:
Agenda Title:
Carrie Willis and JoAnne Currie
Possible appointment of the only nominees to the offices of this City that were
to be elected on Tuesday, November 6,2012 and cancelation of the General
Municipal Election currently scheduled for November 6,2012.
RECOMMENDED ACTION:
Receive report and consider adoption of Resolution appointing the only nominees for City
Council to those positions, cancelling the General Municipal Election currently scheduled for
Tuesday, November 6,2012, and requesting the Board of Supervisors of the County of Sonoma
to take all steps required to remove said election from the consolidated election scheduled for
that date.
BACKGROUND:
At the close of the nominations period on August 10, 2012, only the three incumbents filed as
candidates for the three "at large" City Council positions up for election on November 6, 2012.
Elections Code S 1 0229 allows for appointment of those persons who have been nominated when
there are not more candidates than offices to be elected.
Pursuant to S 1 0229 of the Elections Code, the City Clerk's Certification that there were not more
candidates than offices to be elected was submitted to City Council and is attached to the
Resolution as Exhibit A. A Notice that there were not more candidates than "at large" offices to
be elected was published in the Community Voice on Friday, August 17,2012. City Council can
adopt one of the following courses of action:
1) Appoint to the office the persons who have been nominated.
2) Appoint to the office any eligible elector if no one has been nominated.
3) Hold the election, if either no one or only one person has been nominated.
ANALYSIS:
There are three official nominations, eliminating option 2. The Council can therefore either
select Option 1, making a decision to appoint the nominated incumbents or Option 3, proceeding
with the election.
Ifby the 75th day before the municipal election (August 23,2012), no person has been appointed
to office, the election shall be held.
1
Adoption of the attached Resolution will appoint the three nominees (Gina Belforte, Joseph T.
Callinan, and Jake Mackenzie) to the City Council for a term ending in December 2016. It will
also cancel the November 6, 2012 election. It will also request the Board of Supervisors of the
County of Sonoma take all steps required to remove said election from the consolidated election
scheduled for that date.
The City Council is reminded that because voting on the attached resolution to appoint the
nominated incumbents and cancel the election has the potential to have a "personal financial
effect" on those Council Members (by virtue of incurring or avoiding campaign/election costs),
out of an abundance of caution, the City Attorney has advised that all three nominated incumbents
disqualify themselves from participating in the decision on the resolution. Doing so will leave only
two Council Members to act, which is less than a quorum. Thus, it will be necessary to follow the
procedure for choosing an otherwise disqualified City Council Member to participate in the
decision in order to constitute a quorum.
To form a quorum to consider the item, the Political Reform Act permits the Council Member to
be selected using a random means, such as drawing straws. Before participating in the vote, the
third Council Member chosen randomly shall state the existence of the potential conflicts as
follows:
1. Disclose that voting on the resolution poses a potential conflict of interest because it could
have "a personal financial effect" on him or her.
2. Disclose that because the decision to appoint the nominated incumbents must be set by
Council resolution and the three Council Members are the only nominees in the upcoming
election, there is no alternative source of decision.
OPTIONS CONSIDERED:
Not adopt the Resolution appointing the nominated incumbents; which would result in the
conduct of the election on November 6,2012. The cost for providing election services has been
estimated at $20,000 to $30,000 and was budgeted at $57,795 in the Fiscal Year 2012-2013
Elections budget.
FISCAL IMPACTIFUNDING SOURCE:
There is a potential savings to the City of $20,000 to $30,000 by canceling the General
Municipal Election scheduled for November 6,2012.
Department Head Approval Date:
City Manager Approval Date:
City Attorney Approval Date:
Attachments (list in packet assembly order):
1. Proposed Resolution with Exhibit A the City Clerk's Certification that there are not more
candidates than offices to be elected
2. Copy of Certification of Publication of the Notice
2
RESOLUTION NO. 2012-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
PROVIDING FOR THE APPOINTMENT OF THE ONLY NOMINEES TO THE OFFICES OF
THIS CITY THAT WERE TO BE ELECTED TUESDAY, NOVEMBER 6, 2012, CANCELING
THE GENERAL MUNICIPAL ELECTION CURRENTLY SCHEDULED FOR NOVEMBER 6,
2012, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA
TO TAKE ALL STEPS REQUIRED TO REMOVE SAID ELECTION FROM THE
CONSOLIDATED ELECTION SCHEDULED FOR THAT DATE.
WHEREAS, pursuant to S10229 of the Elections Code of the State of California, as of the close
of the nomination period on August 10, 2012, if there are not more candidates than offices to be elected,
S 1 0229 of the Elections Code allows one of the following courses of action to be taken by the City
Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, the City Clerk's Certification that there were not more candidates than offices to be
elected, Exhibit A, was submitted to City Council pursuant to law.
WHEREAS, a notice that there were not more candidates than offices to be elected was
published on August 17,2012 in the Community Voice pursuant to law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park
does hereby resolve, declare, determine and order as follows:
SECTION 1: Pursuant to S 10229 of the Elections Code of the State of California, the following
action is being taken:
The following persons are hereby appointed to the offices to which they were nominated:
NAME OFFICE TERM
Jake Mackenzie Member of the City Council 2012 - 2016
Gina Belforte Member of the City Council 2012 - 2016
Joseph T. Callinan Member of the City Council 2012 - 2016
SECTION 2: The election scheduled to be held on Tuesday, November 6, 2012, is now
canceled, the City Council's request to the Board of Supervisors to consolidate that election with the
statewide election is hereby rescinded and the Board of Supervisors is hereby requested to direct the
County Clerk to take all steps required to remove reference to a general municipal election in the City of
Rohnert Park from the ballot materials for such election and to otherwise implement the cancelation of
said election with the cooperation and assistance of the City Clerk of the City of Rohnert Park.
SECTION 3: The persons appointed shall qualify and take office and serve exactly as if elected
at a municipal election for the office.
SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
DULY AND REGULARLY ADOPTED at a special meeting of the City Council of the City of Rohnert
Park held on the 22"d day of August, 2012.
CITY OF ROHNERT PARK
Mayor
ATTEST:
Deputy City Clerk
AHANOTU:
BELFORTE:
A YES: (
CALLINAN: STAFFORD:
NOES: ( ) ABSENT: ( ) ABSTAIN: (
MACKENZIE:
)
Exhibit A
CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION
FOR THE CITY OF ROHNERT PARK
I, JoAnne Currie, City Clerk of the City of Rohnert Park do hereby certify that pursuant to
~ 10229, Elections Code of the State of California, to the following facts relating to the General
Municipal Election to be held on Tuesday, November 6, 2012:
As of the close of the nomination period on August 10, 2012, there are not more
candidates than offices to be elected to the three "at large" City Council positions.
The persons so nominated are:
Gina Belforte
Joseph Callinan
Jake Mackenzie
That ~10229 of the Elections Code allows one of the following courses of action by the
City Council:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
A notice of these facts will be published on August 17, 2012, in the Community Voice
pursuant to ~ 6061 of the Government Code. The City Council will meet on Wednesday, August
22,2012, at 10:00 a.m., in the Community Center Conference Room 5401 Snyder Lane,
Rohnert Park, California to either make the appointments or direct an election to be held.
The persons appointed, if any, shall qualify and take office and serve exactly as if
elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed to the
offices pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to ~ 10229, Elections Code, the City
Clerk shall not accept for filing any statement of write-in candidacy which is submitted aft~r the
appointment is made.
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Notice That There Are Not More Candidates
Than Offices To Be Elected
At The November 6,2012 General Municipal Election
For the City of Rohnert Park
STATE OF CALIFORNIA, The undersigned does hereby certifY and declare: That at all times hereinafter sworn,
deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen
years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The
Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, in said County of
Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of
general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of
general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California,
in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the
dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list
of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular
class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes,
professions, trades, callings, races or denominations; that at all said times said newspaper has been established and
published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding
the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was
preceded with words printed in black face type no smaller than non-pareiJ, describing and expressing in general terms,
the purport and character of the notice intended to be given; that the "City of Rohnert Park Notice That There Are Not
More Candidates Than Offices To Be Elected At The November 6,2012 General Municipal Election For The City of
Rohnert Park" of which the annexed is a printed copy, was published in said newspaper at least _1_ consecutive
time(s), commencing on the _17_ day of August, and ending on the _17_ day of August, 2012.
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I HEREBY CERTIFY AND DECLARE UNDER TIIE PENALTY OF perjury that the foregoing is true and correct.
:::UTED th;, leY or A~n'" PMk, CaIn"",,,
Rose Shah Chief Clerk
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