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election could occur is May 7, 2013, which is an all-mail ballot election as established by the California Elections Code. Assuming the election is held on May 7, the nomination period would run from January 14 through February 8 and the elected candidate would assume office on approximately June 4, 2013. Alternatively, the earliest standalone special election that would allow voters to use either a polling site or mail in ballot could be held on June 4, 2013. Mr. Fialho noted that in the November 6, 2012 election, 47% of registered voters cast their vote via mail in ballot. The standalone election carries a cost of approximately $350,000, which reflects the actual amount charged by the County of Alameda to the City of Pleasanton, whereas the all mail ballot is about $100,000 less. Staff recommends that the Council adopt the attached resolution calling for a special all mail ballot election to be held on May 7, 2013 and authorize an appropriation in the amount of$250,000 from the General Fund Contingency to the City Clerk Election Account. Councilmember Cook-Kallio said she has been asked repeatedly why they do not simply appoint a Councilmember and save what is a considerable amount of time and money. She asked Mr. Fialho to explain to the public what it would mean in practical terms and how that relates to several important decisions the Council will be faced with in the coming year. Mr. Fialho explained that while the Government Code allows for a Council appointment, the Pleasanton Municipal Code specifically requires that they hold a special election. The Council may elect to modify the Municipal Code in this regard, which would require a first and second reading of the ordinance followed by a 45-day notice period during which any member of the public could appeal the action. The City could then commence with the application and interview process, followed by an appointment that could likely occur in the April/May timeframe. He said this would be a policy consideration for the Council and that it does not appear that much time would be lost by waiting for the special election. Councilmember Pentin said that $250,000 to $300,000 is significant in a time when the City is searching for funds for various projects and CIPs. He also said he trusted that the four current members of the Council could engage in this process and identify a fifth individual who would be appropriate for the seat. He asked whether making such an amendment, though perhaps not for this particular election, would allow the Council to choose from both an appointment and a special election. Mr. Fialho confirmed. Councilmember Cook-Kallio acknowledged the cost savings but said there are some who counted on this election occurring and policy change at this point would circumvent the possibility for some of them to run for office. Mr. Fialho noted that at the start of each calendar year, the City Attorney advances modifications to the Municipal Code. The modifications are generally not controversial and are placed on the Consent Calendar for adoption by way of a first and second reading, followed by the appeal period. If the Council choose to move forward with this idea, it could be included as a part of these modifications or as a separate action. Councilmember Pentin agreed that the lack of preface makes it an inappropriate option for this election. However, in moving forward, it seems that the Pleasanton community may favor the potential cost savings. Councilmember Brown said this seemed like considerable discussion on an item that is not on the agenda and moved the staff recommendation. Mayor Thorne noted there were no speakers present to address this item. City Council Minutes Page 4 of 7 December 4, 2012