Laserfiche WebLink
Mr. Roush pointed out there is a difficulty with that approach. The City operates under <br />the general law and he was concerned that an exception was being created that does not exist <br />under State law. The safest thing to do is to maintain the current process which allows the <br />Council to call for an election or to fill the vacancy by appointment. He was concerned that if <br />an ordinance were adopted pursuant to this discussion, a person could argue that the City did <br />not have the authority to enact such an ordinance. <br /> <br /> Mr. Tarver indicated he would accept the ordinance as drafted. <br /> <br /> Mr. Pico felt the ordinance could be amended in the future. <br /> <br /> Mr. Roush said the ordinance would have to be repealed. Council would have to operate <br />under the ordinance as it existed when the vacancy occurred. He did not think it would be <br />appropriate to change it after a vacancy came about. <br /> <br /> Ms. Mohr felt there would be a timing problem if Council wanted to repeal the ordinance <br />but make an appointment within the statutory time required to fill a vacancy. <br /> <br /> Mr. Roush stated the ordinance as drafted would require a special election to be called <br />immediately upon the vacancy occurring, even if there is six months until the next election date. <br /> <br /> Ms. Mohr did not support the proposed ordinance. <br /> <br /> Gary Schwagerle, 189 West Angela Street, felt Council should take the next highest vote <br />getter to fill the vacancy created by a Councilmember running from a safe seat. <br /> <br /> Mr. Pico felt the purpose of this ordinance is to have something binding for this election. <br />There is nothing to say the ordinance could not be repealed later. <br /> <br /> It was moved by Mr. Tarvet, seconded by Ms. Michelotti, to introduce Ordinance <br />No. 1696, to be read by title only and waiving further reading thereof, to amend the <br />Pleasanton Municipal Code to require any vacancy which occurs on the City Council to be <br />f'dled by special election. <br /> <br /> Ms. Dennis referred to the comments about the cost of a special election. She felt the <br />public appreciates the fight to choose who sits on Council and it is worth the money. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers - Dennis, Michelotti, Pico, and Mayor Tarver <br />NOES: Councilmember Mohr <br />ABSENT: None <br />ABSTAIN: None <br /> <br /> 09/17/96 <br /> -24- <br /> <br /> <br />