BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1668
                                                                  Page  1

          Date of Hearing:  April 7, 2010

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                                Cameron Smyth, Chair
                    AB 1668 (Knight) - As Amended:  March 25, 2010
           
          SUBJECT  :  Local government: city councils.

           SUMMARY  :  Extends the amount of time a city council has to fill  
          a vacancy and changes the number of city council members that  
          hold office following the first general municipal election in a  
          newly incorporated city that elects council members at large.   
          Specifically,  this bill  :

          1)Extends the amount of time that a city council has to fill a  
            vacancy in an elective city office, including the office of  
            mayor, from 30 days to 60 days from the date of the vacancy.

          2)Decreases the number of city council members in a newly  
            incorporated city that elects council members at large that  
            hold office until the first general municipal election after  
            incorporation from three to two and increases the number of  
            city council members that hold office until the second general  
            municipal election after incorporation from two to three.

           EXISTING LAW  :

          1)Provides that if a vacancy occurs in an elective office, the  
            council shall, within 30 days from the commencement of the  
            vacancy, either fill the vacancy by appointment, or call a  
            special election to fill the vacancy.

          2)Provides that in a newly incorporated city, of the five  
            elected city council members, the three receiving the lowest  
            number of votes shall hold office until the first succeeding  
            general municipal election and the two receiving the highest  
            number of votes shall hold office until the second succeeding  
            municipal election.  

          3)Provides that if the first general municipal election  
            following an incorporation election will occur less than one  
            year after the incorporation election, three of the five  
            elected city council members with the lowest number of votes  
            shall hold office until the second general municipal election  
            following the incorporation election and the two city council  








                                                                  AB 1668
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            members receiving the highest number of votes shall hold  
            office until the third municipal election.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   

          1)AB 1668 makes two changes related to city councils elections -  
            first, by extending the timeline with which a vacant city  
            council seat must be filled, and second, by clarifying a  
            statutory discrepancy over the terms of office for city  
            council members in newly incorporated cities.

          2)According to the author, current law results in an unnecessary  
            financial burden on the citizens of the city when the city  
            council is only provided 30 days to fill a city council  
            vacancy.  The current time frame means that the council either  
            appoints a replacement, or must schedule a special election if  
            the council cannot come to an agreement on a replacement.

           3)Support Arguments  :  The League of California Cities notes that  
            the extended time frame to fill a vacancy means that a city  
            would be less likely to call a special election, which would  
            potentially save taxpayer dollars.  The California Association  
            of Local Agency Formation Commissions, in their support  
            letter, writes that AB 1668 adds clarity to new city  
            incorporations by revising the initial term of office for  
            council members following an incorporation, thus adding  
            stability to a new city by assuring the majority of the  
            council serves a full term.

          4)AB 1668 is substantially similar to the enrolled version of AB  
            18 (Knight, 2009), which was ultimately vetoed by Governor  
            Schwarzenegger.  A previous version of AB 18 was heard by the  
            Assembly Local Government Committee in May of 2009 and passed  
            out of the committee on a 7-0 vote; however, that version only  
            included the language that would have extended the time frame  
            for filling a vacancy from 30 to 60 days.

           5)Opposition Arguments  :  There is no registered opposition to AB  
            1668. However, given that Governor Schwarzenegger's veto  
            message of AB 18 said that "30 days is a sufficient amount of  
            time for a city council to fill a vacant seat by appointment  
            or to call a special election," the Committee may wish to ask  
            the author whether he believes that Governor Schwarzenegger's  








                                                                  AB 1668
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            perspective has changed in relation to extending the time  
            frame for filing a vacant council seat.

          6)Staff notes that AB 2795 (Committee on Local Government) also  
            contains the same language that brings consistency to the  
            number of council members following an incorporation, as is  
            contained in Sections 4 and 5 of AB 1668.  Chaptering out  
            amendments will need to be added to both bills as they move  
            through the legislation process.

          7)This bill was heard in the Assembly Elections and  
            Redistricting Committee on March 16, 2010, and passed with a  
            7-0 vote.  Amendments taken in that committee revised the  
            timeline for filling a vacant city council seat from 120 days  
            down to 60 days.  


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Association of Local Agency Formation Commissions  
          (CALAFCO)
          City Clerks Association of California
          City of Santa Rosa
          League of California Cities

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Debbie Michel / L. GOV. / (916)  
          319-3958