The URL can be used to link to this page

Home My WebLink About2007-02-27; City Council; 18911; Accepting the Resignation of Council Member1 CITY OF CARLSBAD - AGENDA BILL AB# 18,911 MTG. 2/27/07 DEPT. CA ACCEPTANCE OF THE RESIGNATION OF COUNCIL MEMBER NORINE ci/** >i coocco/O/lrUUot DEPT. HEAD CITY ATTY. <&& CITY MGR. ^Rp RECOMMENDED ACTION: Adopt Resolution No.2007-040 accepting the resignation of Council Member Norine Sigafoose. ITEM EXPLANATION: At a press conference held on Friday February 23, 2007 Council Member Norine Sigafoose announced her intention to resign as a Member of the City Council (see attached press release). Upon the acceptance of her resignation, a vacancy will be created and the Council must decide within 30 days after the commencement of the vacancy how to fill it. Under Carlsbad Municipal Code section 2.04.030, the Council may either appoint a successor who will serve the remainder of the term of former Council Member Sigafoose or call a special election to fill it. If a special election is called, the Council may appoint a successor to hold office until the special election which must be held not less than 114 days from the Council's decision to call for one. If the Council determines to fill the vacancy by an appointment, it must be done at subsequent meeting within 30 days of the vacancy. The appointee will serve until a successor is elected at the next regularly scheduled municipal election in November 2008. FISCAL IMPACT: The City Clerk estimates the cost of a special election will be approximately between $325,000 and $400,000. ENVIRONMENTAL IMPACT: This is not a project within the meaning of CEQA and falls within the general exception of CEQA regulations 15060(c)(3). EXHIBITS: Resolution No. 2007-040 Letter of Resignation DEPARTMENT CONTACT: Ron Ball 760-4342891 rball@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES nnnn 1 RESOLUTION NO. 2007-040 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE 3 RESIGNATION OF CITY COUNCIL MEMBER NORINE 4 SIGAFOOSE 5 WHEREAS, that City Council Member Norine Sigafoose has announced her 6 intention to resign due to a serious health issue: and 7 WHEREAS, that the City Council greatly appreciates all of her hard work and8 contributions to the community of Carlsbad. 10 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 12 Carlsbad, California, as follows: 1. That the above recitations are true and correct. 14 2. That the City Council of the City of Carlsbad accepts the resignation of 15 Council Member Sigafoose effective March 13, 2007. 16 17 18 " 19 // 20 // 21 // 22 // 24 25 26 27 28 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of February, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard NOES: None ABSENT: Council Member Sigafoose . T., LORRAINE MTWOOD, City Clerk (SEAL) Q Feb 23 07 02:49p Although this is one of the toughest decisions I have every made, 1 have decided to resign my position on the Carlsbad City Council due to a serious health issue. My resignation will be effective immediately. Because I am a very private person, I am choosing not to disclose the nature of my illness at this time. I will be focusing on getting well, I will remain connected to this City in any way that I can because I love this town and the people who live here. I wish to thank the Mayor , Bud Lewis, Mayor Pro Tern, Ann Kulchin, Councilmen Matt Hall and Dr. Mark Packard for their support and help during the past two years. I thank City Manager, Ray Pachett, City Attorney Ron Ball and all of the staff for their help as well. I wish to thank the people of Carlsbad for your support in electing me to this position and your many kindnesses during my time on the Council. I hope you will support my decision and that you will understand that it only because of my health concerns and no other reason that I feel I must take this step. Your city is one of the most well run cities in the state and I am proud to have been a part of what makes Carlsbad great. fa 23 2007 CITY OF CARLSBADCITY CLERK'S OFFICE Law Offices of Michael Wischkaemper 1808 Aston Avenue, Suite 240 Carlsbad, California 92008 Phone 760 438-1222 Telefax 760 438-7888 February 27, 2007 Via Hand Delivery Mayor Bud Lewis and Members of the City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: City Council Vacancy Dear Mayor Lewis and Members of the City Council: I respectfully request that this letter be made a part of the public record. As you all know, I am a long time resident of Carlsbad and have my law office in this city. I have actively participated in city political issues for fifteen years. The unfortunate resignation of Council Person Sigafoose requires the City Council to decide whether to hold a special election or to appoint a person to fill the remaining term of two years. The city clerk tells me the registrar of voters for San Diego estimates the cost of a special election would be between $315,000 and $400,000. Some current Council members have publicly opposed the election because it is too costly. Using this logic, the city should reconsider the requirements of having any elections for City Council. Imagine the savings if the current Council could simply appoint its successors. The very idea should give you shivers. I think all of the following reasons support a special election: 1. The Council is the elected part of the "democratic republic" of which we are rightfully very proud. It is the principal way in which the voters of Carlsbad influence public policy. 2. Our voters should not perceive that the City Council gets to choose one-fifth of its members. I personally think they are mistaken, but several candidates in the last election argued strongly and got support based on the argument city government is closed and decisions are made by "good ol' boys" in secret. When the fundamental Mayor Bud Lewis and Members of the City Council February 27, 2007 Page 2 of2 decision about who gets to make that decision is made by the Council, it supports that argument. 3. As a percentage of spending supervised by the City Council, the cost of the election is small. The elected City Council was the body which decided to spend now over $70 million dollars for a public golf course, a project which has generated considerable controversy. Aside from the golf course, the City Council will spend over $440 million in the next two years. The cost of the election would be one-tenth of one percent of the total budget this Council person will vote on. 4. Incumbents have a huge advantage for re-election. When our City Council confers that advantage, it is not fair. 5. Elections at times bring fresh ideas to the public awareness. Our community and the role of government in the community is changing as we get close to build-out, and fresh ideas are good. 6. The last election demonstrated that there are deep divisions in our city. Those divisions should be aired to the people before the next elected representative is chosen. In a very real sense, it is fair to say the United States spent billions of dollars and risked many American lives so 12 million people in Iraq would have the chance to raise a purple finger to show they voted. Elections may be messy and expensive and inefficient, but they are the best way to choose our representatives. If only four or six months remained in the open term, it would make a lot more sense for the City Council to decide. With two years to go, I hope the City Council decides this is not th^type of emergency situation where the City Council should take away our ri e our representative. per