HomeMy WebLinkAbout2020-05-12; City Council; ; Consider Options to Fill the City Council At-Large Vacancy~ CITY COUNCIL
'1f!:/ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
May 12, 2020
Mayor and City Council
Scott Chadwick, City Manager
Celia Brewer, City Attorney
celia.brewer@carlsbadca.gov, 760-434-2891
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov, 760-434-2917
Consider Options to Fill the City Council At-Large Vacancy
Recommended Action
CA Review CKM
Consider whether to fill the City Council at-large vacancy by appointment or wait until the seat
is filled by the District 4 representative after the Nov. 3, 2020 general municipal election and
provide direction to staff.
Executive Summary/Discussion
On March 3, 2020, the City of Carlsbad held a special election to fill the vacancy in District 1
created by the Oct. 9, 2019, resignation of City Council Member Barbara Hamilton from the
seat, which has a term ending November 2022. At-Large City Council Member Cori Schumacher
was elected to the District 1 seat and sworn into office on Tuesday, April 7, 2020.
City Council Member Schumacher's election to the District 1 seat created a vacancy in the at-
large seat, which has a term ending November 2020. Under Carlsbad Municipal Code section
2.04.030, the City Council has 60 days after a vacancy in an elected office to either appoint a
successor or call a special election to fill the vacancy. The special election must be held on the
next regularly scheduled election date not less than 114 days after the election is called.
As a practical matter, the special election option is not available in this instance because the
next regularly scheduled election date is not until Nov. 3, 2020. With that election, there will no
longer be any at-large seats because the city will have completed its transition to district rather
than at-large elections.1
The City Council's options are to:
• Appoint a successor for the remainder of the term of the at-large seat
• Wait for the seat to be filled by the District 4 representative in the Nov. 3, 2020, general
municipal election
1 The Carlsbad City Council voted in 2017 to change the way City Council members are elected, creating four
districts to be phased in during the 2018 and 2020 elections. These districts replaced the city's at-large, or
citywide, method of electing City Council members. May 12, 2020 Item #7 Page 1 of 5
Fiscal Analysis
Based on an estimate provided by the San Diego County Registrar of Voters, staff estimates that
the Nov. 3, 2020, general municipal election will cost between $32,000 to $73,000 which
includes filling the District 2 City Council seat as well as the District 4 City Council seat. Sufficient
funding is being requested in the City Clerk's fiscal year 2020-21 budget to cover the costs
associated with holding the Nov. 3, 2020, election.
Next Steps
If the City Council decides to fill the vacancy by appointment, the city clerk services manager
will post a Notice of Intention to Fill the City At-Large Vacancy by Appointment with an
application and interview period as defined by the City Council. If the City Council decides to
wait until after the Nov. 3, 2020 General Municipal Election for the seat to be filled by the
District 4 representative, the City Clerk Services Manager will return to the City Council in June
with a resolution to file with the Board of Supervisors of the County of San Diego requesting
election consolidation services and calling the Nov. 3, 2020 election for the purpose of electing
District 2 and District 4 City Council members.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of the California Environmental Quality Act in that it has no potential to
cause either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment, and, therefore, does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Draft Notice of Intention to Fill the City At-Large Vacancy by Appointment
2. Draft Application for Appointment to Fill Carlsbad City Council At-Large Vacancy
May 12, 2020 Item #7 Page 2 of 5
Please describe your relevant experience
Please describe your current or past community involvement, any service on boards,
commissions or committees, private or public agencies
Please explain why you want to be appointed to City Council
(attach a separate sheet if needed for space)
Additional information or comments
Signature ____________________ Date ________ _
Submittal Information
Please .complete, sign and submit the application to:
City of Carlsbad
City Clerk's Office
1200 Carlsbad Village Drive
Carlsbad, CA 92008
clerk@carlsbadca.gov
Questions? Please call 760 434-2808 or email clerk@carlsbadca.gov
May 12, 2020 Item #7 Page 5 of 5
Hector Gomez
From: Kara Kong
Sent: Monday, May 11, 20204:25 PM
To: City Clerk
Subject: Fwd: Draft email to be sent to Carlsbad City Council today!
Please read my comment into the record at the Council meeting on May 12, 2020
Dear Honorable Mayor and Carlsbad City Council Members:
All Receive - Agenda Item if 7
For the Information of the:
CI COUNCIL
Date. S MCA CC )c
CM A M .KDCM {3)
I am a resident of District 4, writing to ask you to support the voters of District 4 and our right to elect our own
representative at the November 3, 2020, General Election.
Every area of the city except for District 4 currently has a representative on the Carlsbad City Council. Our area has not
had any residents on the council for almost ten years. We have been excited and looking forward to electing a 1 1 representative in this upcoming election cycle. 1
Now the City Council is considering making an at-large appointment, for someone to sit in the vacant seat for less than
six months. It would be inequitable to select any person who is not a resident of District 4, since that would give extra
weight to another Council District. (Note: With the Mayor and Councilmember Schumacher from District 1, that district
has 2 representatives and District 4 none.)
City staff and resources are understandably dedicated to the COVID-19 crisis right now. We should not be spending time,
money or attention on an unnecessary political appointment when the people of District 4 already have a planned
election.
The General Election is less than six months away. Please vote for the seat to remain vacant until November 3, 2020.
Sincerely,
Kara Kong
Calle Posada
1
Carlsbad, CA
92009
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2
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Troy Friedeck
Monday, May 11, 2020 5:21 PM
City Clerk
May 12th City Council Agenda Item #7
RE: May 12, 2020, City Council Meeting Agenda Item #7
Dear Honorable Mayor and Carlsbad City Council Members:
All Receive -Agenda Item# _J_
For the Information of the:
SJJY_ COUNCIL
Date~ CA --Cc ~
CM ~CM -UCM (3) .,,,,---
I am a resident of District 4 -My family lives on Muslo lane, in the older part of La Costa -and I am writing to ask
you to keep the current vacant City Council seat vacant, until the voters of District 4 elect a representative on November
3, 2020.
Our City Council has undergone major changes in the past year. We have had a Councilmember resign unexpectedly,
another Councilmember run and win a different seat in a special election, and now four Councilmembers working to guide
our community safely through an unprecedented global pandemic. The saying "The only constant is change" is certainly
true here in Carlsbad.
In less than six months, Carlsbad citizens from Districts 2 and 4 will elect Councilmembers who will serve four-year
terms. This will help stabilize our city's leadership and equalize representation from the various areas of the City.
It would not help our city's stability to appoint a citizen "at large" to serve on our City Council from June to November,
only to have that person replaced in a few months by a Councilmember elected by the people.
The best decision for the people of Carlsbad is to keep the current vacant City Council seat vacant, until the voters of
District 4 elect a representative in the General Municipal Election.
Thank you for your consideration.
Respectfully,
Troy Joseph Friedeck
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1
Tammy Cloud.:.McMinn
From:
Sent:
To:
Subject:
Tammy Friedeck
Monday, May 11, 2020 5:20 PM
City Clerk
Regarding City Council Agenda Item #7-5/12/20
RE: May 12, 2020, City Council Meeting Agenda Item #7
Dear Honorable Mayor and Carlsbad City Council Members:
All Receive -Agenda Item# 1_
For the Information of the:
5!JYCOUNCIL
Date ~ CA --CC,,.,,.,
CM ~CM ~DCM(3).::::-
I am a resident of District 4 -My family lives on Muslo lane, in the older part of La Costa-and I am writing to ask
you to keep the current vacant City Council seat vacant, until the voters of District 4 elect a representative on November
3, 2020.
Our City Council has undergone major changes in the past year. We have had a Councilmember resign unexpectedly,
another Councilmember run and win a different seat in a special election, and now four Councilmembers working to guide
our community safely through an unprecedented global pandemic. The saying "The only constant is change" is certainly
true here in Carlsbad.
In less than six months, Carlsbad citizens from Districts 2 and 4 will elect Councilmembers who will serve four-year
terms. This will help stabilize our city's leadership and equalize representation from the various areas of the City.
It would not help our city's stability to appoint a citizen "at large" to serve on our City Council from June to November,
only to have that person replaced in a few months by a Councilmember elected by the people.
The best decision for the people of Carlsbad is to keep the current vacant City Council seat vacant, until the voters of
District 4 elect a representative in the General Municipal Election.
Thank you for your consideration.
Respectfully,
Tammy Friedeck
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1
DR.MELANIE
BURKH 3 LDER
-FOR ASSEMBLY DISTRICT 76 -
Hon. Matt Hall
Mayor, City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Mayor Hall,
May 12, 2020 All Receive -Agenda Item# 2.
For the Information of the:
COUNCIL
Date CA V ee ~
CM _ACM _::15CM (3~
This letter is to request the City of Carlsbad take required emergency actions or expeditiously pass the
necessary ordinance to fill the vacant seat on the Carlsbad City Council.
In the 1925 California Supreme Court Case, "Miller vs. Board of Public Works [City of Los Angeles]"
the State Supreme Court recognized and affirmed the broad discretions of power that can be exercised by
local governments. This particular case upheld the right of the city to enact an ordinance that invalidated a
previously approved building permit, denying the plaintiff a favorable outcome.
In its decision the Court cited California Constitution section 11 of article XI of the constitution, which
provides that: "Any county, city, town, or township may make and enforce within its limits all such local,
police, sanitary and other regulations as are not in conflict with general laws." In addition, as part of its
opinion, the Court cited additional case law in stating that, "The police power of a state is an
indispensable prerogative of sovereignty and one that is not to be lightly limited. Indeed, even though at
times its operation may seem harsh, the imperative necessity for its existence precludes any limitation
upon its exercise save that it be not unreasonably and arbitrarily invoked and applied." So, while the case
specifically addressed a zoning issue particular to the plaintiffs lawsuit, the basis for the Court's decision
was in the broad discretion a municipality or local government has in exercising power when necessary.
While it is not uncommon for an elected seat to become or remain vacant at any level of government, the
current crisis would seem to demand the Government of Carlsbad to be operating at 100% capacity to
address the unprecedented crisis affecting its citizens. As the local governments of San Diego county
continue to band together-both Republican and Democrat-to demand local control and discretion in
allowing businesses to reopen and economic activity to resume with the appropriate safety measures in
place, it would stand to reason that the City of Carlsbad have a fully seated City Council to that effect.
In furtherance, a recent lawsuit case filed by a number of plaintiffs representing small businesses in Los
Angeles and Ventura County in U.S. District Court, for the Central District of California, Western
Division, against the Governor, State Attorney General, and a number of named officials in said counties,
challenges the constitutionality of the Defendants' orders to "curb the plaintiffs ' civil rights and liberties
by ordering draconian "shelter-in-place" orders and effectively shuttering so-called "Non-Essential"
businesses all across the State of California." To continue to fight for the good people of Carlsbad and the
hundreds of small businesses who are in some cases experiencing existential threats to their solvency and
as an ongoing concern, our city government needs to be operating and manned at full capacity.
The cunently vacant seat is up for election this year, but in the interim, the appointment of an individual
to fill the seat who will not be on the ballot this November, who has the best interests of the City of
Carlsbad at heart to save as many businesses and jobs as possible before they are inetrievably damaged or
lost is a moral imperative that the City should act upon with all due haste. Thank you for your attention
and strong consideration of this matter.
Dr. Melanie Burkholder
Candidate, CA Assembly District 76
Tammy Cloud-McMinn
From:
Sent:
To:
Jacqueline Nelissen <
Monday, May 11, 2020 6:47 PM
City Clerk
Subject: Council meeting on May 12, 2020 -requestfor comment on record 0
All Receive -Agenda Item # -I-
Please read my comment into the record at the Council meeting on May 12, 2020
Dear Mayor and Councilmembers:
For the Information of the:
,.,CJf! COUNCIL
Date::iJ..l.d_ CA ........--CC ,,,,,--
CM "'ACM ---r5CM {3) 7"
My family and I recently moved to Carlsbad after being long-time residents in North County. I have two young
children, my husband is employed full-time for a business located in Carlsbad, and we jointly hope to open a
small business in Carlsbad in the next year. As a resident, I'm writing to ask you to hold the current at-large
City Council seat vacant and wait for the voters of District 4 to elect a representative at the November 3, 2020,
general municipal election.
The election of representatives for District 2 and 4 to the City Council is already planned, budgeted and
required by law. That general municipal election will happen regardless of this Council decision. Once we elect
those representatives, they will serve four-year terms in those positions.
The question is what to do with the one vacant at-large seat--vacant for less than six months until November
3, 2020. If you were to appoint someone, you would be able to choose an appointee from anywhere in the
District, since it is currently an "at-large" seat. That would be entirely unfair to District 4, which has been
waiting for years for the opportunity to have District representatives to ensure its voice is heard.
If you promised to select an appointee from District 4, you would still be making a political choice on behalf of
District 4 residents, guessing at what they would want and incorporating your own biases into your selection.
What is most fair and preferable is allowing the voters of District 4 to vote and choose for themselves. We
have had to put our lives on hold due to the COVID-19 pandemic; so it does not make sense to speed up the
process of electing an official who will hold a seat for years to come. Additionally, it is unfair to the candidates
who have poured their resources into this election; and to those who have supported and financially
contributed to the candidates vying for the seat.
Please, I strongly urge you to vote for the vacancy to remain vacant until the general municipal election on
November 3, 2020.
Sincerely,
Jacquie Nelissen, CPA MBA
Carlsbad Resident
Sent from my iPhone
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Maril Adrian
Monday, May 11, 2020 5:53 PM
City Clerk
Subject: Fwd: City Council Meeting, May 12, 2020 Agenda Item 7
PLEASE READ AT THE CITY COUNCIL MEETING!
Begin forwarded message:
From: Maril Adrian
Subject: City Council Meeting, May 12, 2020 Agenda Item 7
Date: May 11, 2020 at 5:47:57 PM PDT
To: matt.hall@carlsbadca.gov, council@carlsbadca.gov
Cc: clerk@carlsbadca.gov
All Receive -Agenda Item # ..J.
For the Information of the:
...£1]Y_ COUNCIL
Date.::2...j.1.i;b. CA ...,.-CC '
CM V""ACM ;..--DCM (3) /'
I am concerned about the inability of the city council to collaboratively function in the best interests of
the community given the deadlock that occurs with an unfilled council seat during this tumultuous time.
Events are rapidly changing from day to day and immediate and flexible leadership is imperative. I see
two choices, either appoint someone with experience in city matters, possibly a past council member to
fill in until the election in November, or if agreement among the council cannot be met, proceed as most
cities have done, institute the emergency powers normally assigned to the mayor.
I feel we should be moving as quickly as possible to make sure our local business are able to safely open
and operate and our residents are able to enjoy their fundamental rights to assemble as guaranteed by
the Constitution. The safety and well being of our citizens and the economic welfare of our city should
be above politics.
Respectfully,
Maril Adrian
Carlsbad
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Jan Rodriguez
Monday, May 11, 2020 9:36 PM
City Clerk
May 12 2020 Public Comment, Agenda Item #7
All Receive -Agenda Item# 1
For the Information of the:
C!JY COUNCIL
Date .511 J. CA .,,,-CC /
· CM ........--ACM ..=:::DCM (3) ✓
Please read my comment for Agenda Item #7 into the record at the Council meeting on May 12,
2020.
Esteemed Carlsbad City Council Members:
In reviewing the Agenda for the May 12 Council Meeting, I was surprised to see the City Council is
considering filling the at-large vacancy only months before the citizens of Carlsbad have a scheduled
election for the District 4 representative.
As a resident of District 4, I urge you to allow the voters of District 4 to elect our own representative in
the General Election, as is already planned.
District 4 has long been unrepresented and ignored. Other areas of the city have had multiple
representatives at a time. Even now, the Mayor and one Councilmember are residents of District 1. It
is past time that District 4 have a representative on the council.
In a few months we will have an election, in which "we the people" of District 4 will elect our best
representative. A democratic election is the ideal way to select our representatives, and we already
have this in the works. The election is just six months away. A political appointment lends itself to
bias, power plays and political games. A special election would be a waste of our taxpayer-money.
The most fair and efficient way to fill the vacancy is to wait for the General Election in November.
In closing, please allow the seat to remain vacant until the people of District 4 elect our own
representative to be our voice on the Carlsbad City Council.
Sincerely,
1
. Jan Rodriguez
La Costa Resident, District 4
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All Receive -Agenda Item # _.!J
For the Information of the:
Tammy Cloud-McMinn
CIJY COUNCIL
Date6 }/d-,, CA ..-CC v---
iP1 _LMiH !!!!21_"Qi'GU faj <
From: Gwen
Tuesday, May 12, 2020 1 :22 PM
City Clerk
Sent:
To:
Subject: Please read this comment into the record at the Council meeting on May 12, 2020
Dear Mayor and City Council Members:
I am writing to respectfully request that you vote to keep the vacant City Council seat vacant.
I am concerned about Item# 7 on tonight's agenda which presents the City Council with two options, to:
1. Appoint a successor for the remainder of the term of the at-large seat
2. Wait for the seat to be filled by the District 4 representative in the Nov. 3, 2020, general municipal
election
Option 2 is the only one that makes sense. Here are three reasons why:
1. The seat must be reserved for District 4. For the City Council to reflect a fair representation of its
citizens, the at-large seat must not be considered "at large" but reserved for a person who would
represent the residents of District 4, who currently have NO representation on the City Council, when
every other area does. In fact, our area has not had a representative on the Council for almost ten
years, and we need someone who lives here and understands our perspective. Fortunately, we already
have an election planned for this seat.
2. An appointment would waste time and taxpayer dollars. To conduct an appointment, staff must
perform various forms of legal noticing, collect and sort applications, vet candidates and set up
interviews in late May and early June. If the Council were to select someone in June, the person would
then need to be trained and go through an onboarding process with staff and Council. When done,
while the person would be still learning the ropes, we would be well into August, right before an
election for this same seat. This would be wasteful. Fortunately, we already have an election planned
for this seat.
3. An appointment would be politically charged and non-democratic. Our community deserves the right
to elect our own representative and not have one appointed over us. We should fill the vacant seat
with the choice of the people as determined by an election. Fortunately, we already have an election
planned for this seat.
On behalf of my family and neighbors in La Costa, I urge you to vote to keep the vacant City Council seat
vacant. Thank you for your attention and consideration.
Best regards,
Gwen Ross and family
Carlsbad, CA 92009
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
John Biethan
Tuesday, May 12, 2020 12:59 PM
City Clerk
Carlsbad City Council Meeting 5/12, Agenda Item 7
All Receive -Agenda Item ff 7
For the Information of the:
CITY COUNCIL
Date ~CA ~C r
CM_ '-1'ie'.M _ "1XM (3) _::::-
[Please read this comment into the record at the Council meeting on May 12, 2020]
Dear Mayor and City Council Members:
I live in Carlsbad (District 4), work in Carlsbad, and am very active in the Carlsbad community,
including the Carlsbad Chamber of Commerce, where I hold several leadership positions and have
received several awards.
I am writing you today to urge you to keep the current vacant City Council seat unfilled until the
people of District 4 elect a representative in November 2020. A temporary appointment to the
City Council does not make sense to me with an election just right around the corner.
Elections are a fundamental part of any democracy. They are the mechanism by which the people
decide who will lead them. Under the new District election system, South Carlsbad will elect a
Council representative from our part of the city for the first time, and we are looking forward to
this opportunity!
A temporary appointment is an unnecessary bureaucratic exercise and would ignore that the
people of our community are about to exercise their right to vote in November.
Please keep the seat vacant for a few months until November, when residents will elect
someone to be the voice of the people of District 4 on the Council.
In advance, thank you for your attention and consideration.
Sincerely,
John Biethan
Carlsbad, CA 92009
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Kevin Sabellico
Tuesday, May 12, 2020 1 :55 PM
City Clerk
Public Comment -Agenda Item #7
[Please read this comment into the record at the Council meeting on May 12, 2020)
Honorable Mayor and City Council Members:
All Receive -Agenda Item# 7
F·or the Information of the:
CllJY COUNCIL
Date ~//:J.. CA V-cc ~
CM_~_ACM --tJCM (3) _.-
I am e-mailing you today regarding Agenda Item #7, urging you to wait for the vacant seat to be filled by the District 4
representative elected in the November 3, 2020, general municipal election.
The residents of District 4 lack representation on the City Council, and this has been a sore point for people in La Costa
for many years. One benefit of the new district election system is that District 4 will be able to elect its own
representative-someone who lives here and understands the daily issues of this part of the city. With the addition of
the District 4 Councilmember, our City Council will have a much more balanced perspective on city issues.
The best way to select leaders in a representative democracy is through a vote of the people.
The appointment process is not ideal for many reasons, primarily because it puts additional power in the hands of a few
Councilmembers, versus in the hands of the people. Appointments should be used only in special circumstances when
an election is not possible. In this case, an election is already planned, in just a few months.
On behalf of my family and neighbors in District 4, I urge you to patiently wait for the vacant City Council seat to be filled
by the choice of the people in the next upcoming election.
Thank you,
Kevin Sabellico
District 4 resident
1
Kev:nll1l §abdlico
He, Him, His
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Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Harriet Stupp
Tuesday, May 12, 2020 2:36 PM
City Clerk
Carlsbad City Council, District 4
Please read this comment into the record at the Council meeting on May 12, 2020
Dear Honorable Mayor and Carlsbad City Council Members:
All Receive -Agenda Item # _1
For the Information of the: e-5/J COUNCIL oat CA ~cc ..,,,-/
CM __l::::'"ACM ~CM (3 }I.L
As a resident of District 4, I am writing to ask for your support for the voters of District 4 and our right to elect our own
representative at the next election on November 3, 2020.
Along with my neighbors, I am looking forward to finally electing someone from our part of Carlsbad to sit on the City
Council and round out the discussions, which have often focused on other neighborhoods of Carlsbad and their wants and
needs. Our area needs a voice to represent our perspective and speak about what we experience on a daily basis here.
I understand the City Council will be deciding whether to make an at-large appointment, for someone to sit in the vacant
seat for less than six months, or wait and keep the seat vacant. Common sense would say to wait and keep the vacancy,
because District 4 needs a representative and already has an election planned in a few months. Appointments take up
precious time and resources that we need to devote to bigger issues like COVID-19 right now. In addition, our great
nation was founded on respecting to the will of the people and giving them the right to vote on their leaders.
We have an election to fill the vacancy in less than six months. Please support the right of the voters of District 4 to elect
our own representative on November 3, 2020.
Sincerely,
Harriet Stupp
Carlsbad, CA 92009
1
Hector Gomez
From: Jan Rodriguez
Sent: Monday, May 11, 2020 2:05 PM
To: City Clerk
Subject: Please read my comment into the record at the Council meeting on May 12, 2020
Esteemed Carlsbad City Council Members:
All Receive - Agenda Item #2....
For the Information of the:
CITY COUNCIL
Date 5711 pecAX cc)C
CMX ACM X DCM (3) -K
In reviewing the Agenda for the May 12 Council Meeting, I was surprised to see the City Council is considering filling the
at-large vacancy only months before the citizens of Carlsbad have a scheduled election for the District 4 representative.
As a resident of District 4, I urge you to allow the voters of District 4 to elect our own representative in the General
Election, as is already planned.
District 4 has long been unrepresented and ignored. Other areas of the city have had multiple representatives at a time.
Even now, the Mayor and one Councilmember are residents of District 1. It is past time that District 4 have a
representative on the council.
In a few months we will have an election, in which "we the people" of District 4 will elect our best representative. A
democratic election is the ideal way to select our representatives, and we already have this in the works. The election is
just six months away. A political appointment lends itself to bias, power plays and political games. A special election
would be a waste of our taxpayer money. The most fair and efficient way to fill the vacancy is to wait for the General
Election in November.
In closing, please allow the seat to remain vacant until the people of District 4 elect our own representative to be our
voice on the Carlsbad City Council.
Sincerely,
Jan Rodriguez
La Costa Resident, District 4
Hector Gomez
From: Kim Duquette
Sent: Monday, May 11, 2020 3:30 PM
To: Matthew Hall; Council Internet Email
Cc: City Clerk
Subject: Agenda item #7 — City Councilmeeting: Tuesday 5/12/2020
To: THE HONORABLE MAYOR MATT HALL & CITY COUNCIL cc: City Clerk
7 RE: Agenda item #7 — City Council meeting: Tuesday 5/12/2020 All Receive - Agenda Item #
For the Information of the:
CITY COUNCIL
From: Kim Duquette, Carlsbad Village Homeowner, District 1 Date 4i/iQk CA )( CC )c
CM k AM >CDCM (3) K-
It is critical that five council members exist and cooperate in order to protect the health, safety and welfare of Carlsbad
citizens, the City, Business Owners and their loyal employees.
There are many mature past council members that can substitute until the November election, at little or no cost to the
taxpayers. These past members understand growth management and the City's pressing priorities.
It would be reckless and irresponsible to remain a deadlocked City Council, as inaction seriously, and irreparably harms
the Carlsbad Citizen's short and long term right to life, liberty, and pursuit of happiness. All in violation of Article 1,
Section 1 of the California Constitution.
Specifically, these priorities include, but are not limited to:
1. Obtaining restitution from State and Federal authorities for expenses Carlsbad has incurred to safely protect its
citizens from COVID-19.
2. Enacting reasonable and elastic local Carlsbad laws to protect its citizens and businesses in order to maintain Police,
Fire, Medical and infrastructure services without layoffs or civil disobedience.
3. Protect the fundamental Civil Rights to safely associate, assemble and recreate on City property without arbitrar
restrictions. This includes walking on the beach, surfing, bicycling (on and off road) and travel.
4. Protect the fundamental Civil Rights to safely associate and assemble for job opportunities, cultural, political and
social activities, without arbitrary restrictions.
In the alternative, should the Council deadlock in appointing a fifth council member, I request that you move to call for
an emergency meeting and enact a City ordinance to appoint and interim fifth Council member. You have the power
and authority to do so, in order to protect the public health, safety and welfare to the extent it does not conflict with
California laws. See the California Supreme Court precedent: Miller v. Board of Public Works 195 Cal 477 (1925);
California Constitution Article XI, Section 7 et. sec.
Please place the City and its citizens before partisan politics.
Thank you for your attention to this issue, and for reading of this letter into the record at this important Council
meeting.
Respectfully,
Kim Duquette -
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content
is safe.
2
Hector Gomez
From: Jen Goswami
Sent: Monday, May 11, 2020 3:34 PM
To: City Clerk
III Receive - Agenda Item #
Subject: For the May 12 Council meeting--please read. Thank you!
Receive
the Information of the:
CITY COUNCIL
Date 51 )/A CA K CC
Council and Staff:
CM YACM *K-DCM Thank you for everything you are doing to keep Carlsbad safe and for working to continue the busine5M- our na-ert-rtul
City. Two comments. First, please prioritize opening of the tennis courts, even if only for family groups only as the
County did last week. This is an activity widely sharing with parents and children and/or spouses. Moreover, tennis
inherently requires more social distancing than golf, which requires people to gather at tee boxes, if not the pin. The
Council seemed to prioritize golf pretty quickly and I am hoping you will do the same for tennis now that the County is
allowing it. At the same time, I hope there is clear signage regarding distancing and limitations so that those of us who
want to safely engage in these activities can do so.
Second, I was surprised to find an agenda item for appointment of a District 4 rep. While I am interesting in having a
representative from my area, I don't see how the Council can appoint anyone given that there are multiple candidates
and any appointment is likely to draw objection much like happened with District 1.
Again, thank you for your hard work,
Jen Goswami
La Costa
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1
From:Chris Murphy
To:City Clerk
Subject:City Council Makeup
Date:Saturday, May 9, 2020 6:03:42 PM
Honorable Council Members: the current four person City Council makeup is not working leading to too many two
to
two votes. You all owe it to the constituents to appoint a Council Person until the election can fill the vacancy.
Chris Murphy
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
Sheila Cobian
From:
Sent:
Diane Rivera
Tuesday, May 12, 2020 12:15 PM
r,11 U1ii'91iilY'lii, -n6,..;11ua l~'CIII "---I-
For the Information of the:
CITY COUNCIL
Date 5/1 2--:-CA ~c-==-
CM _ L.AeM.....-DCM (3) ...___
To: City Clerk; Council Internet Email; Matthew Hall; Keith Blackburn; Priya Bhat-Patel; Cori
Schumacher; Scott Chadwick
Cc: Celia Brewer
Subject: #7 -Empty At Large Council Seat Please read during the meeting.
May 12, 2020
Honorable Mayor Matt Hall
Council Members
City Manager Scott Chadwick
City Attorney Celia A. Brewer
Please read during the meeting
Subject: Item# 7 -Council Meeting -May 12, 2020
Mayor Hall, Council Members, City Manager,
Thank you for Staying the Course and for the due diligence in slowly opening up businesses
and allowing for more careful exercising opportunities.
I am asking Council to support a vote Not to Fill the vacant At-Large Council seat.
I support waiting until the November 3, 2020 election when District 4 will choose their own
council representative.
Efforts to temporarily fill this empty seat will require more than 6 months of On -Boarding and
will in all probability slow down the on going work of both Council and Staff during this
difficult Covid l 9's management needs.
Thank you,
Sincerely
Diane Rivera
Carlsbad Resident
92008
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