Loading...
HomeMy WebLinkAbout2021-07-20; City Council; ; Declare the Existence of a City Council District No. 1 Vacancy and Consider Options to Fill the Vacancy Meeting Date: July 20, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Faviola Medina, City Clerk Services Manager faviola.medina@carlsbadca.gov, 760-434-5989 Subject: Declare the Existence of a City Council District No. 1 Vacancy and Consider Options to Fill the Vacancy District: 1 Recommended Action Adopt a resolution declaring the existence of a City Council District No. 1 vacancy and consider options to fill the vacancy. Executive Summary Council Member Cori Schumacher resigned her District No. 1 City Council seat on July 9, 2021, effective immediately. Her resignation created a vacancy, and the City Council must declare the existence of the vacancy as soon as practicable. Under Carlsbad Municipal Code Section 2.04.110(D)(2), the City Council must determine within 14 days of the declaration of vacancy whether to fill the vacancy by either appointing a successor who will serve the remainder of the term of the former city council member or by special election. Discussion On July 9, 2021, the City Clerk’s Office received written notification from City Council Member Schumacher of her decision to resign from the City Council, effective immediately. Carlsbad Municipal Code Section 2.04.110(D)(1) states that if a vacancy is declared by the City Council with more than one year but less than 25 months remaining in the term from the date of the declaration of vacancy, the City Council may either appoint a person to fill the vacancy or call a special election to fill the vacancy. The City Council is required to make the determination to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy, in this instance, by Aug. 3, 2021. A person appointed to fill such a vacancy will hold the office until a successor is elected, and the appointee may not seek election to that same office until one year after the end of the appointed term. Options By declaring the existence of a vacancy, the City Council may consider the following options: Option 1: Fill the vacancy by special election • The special election would occur on the next regularly established election date not less than 114 days after the declaration of vacancy, which would be April 12, 2022, for vacancies declared after July 11, 2021 July 20, 2021 Item #7 Page 1 of 14 Option 2: Fill the vacancy by appointment • The City Council has until Sept. 3, 2021, or 45 days from the date of the declaration of vacancy, to make the appointment • The City Clerk Services Manager will post a notice of intention to fill the City Council seat by appointment with an application and interview period, as defined by the City Council • The person selected to fill the vacancy must meet the eligibility requirements for the office, which includes district residency and voter registration • The appointee would hold office until a successor is elected • The appointee would be ineligible to seek election for the same office until one year after the appointment ends • If the City Council is unable to make an appointment within 45 days of the declaration of vacancy, then the City Council must call a special election Fiscal Analysis Based on an estimate provided by the San Diego County Registrar of Voters, staff estimate that holding a special election on April 12, 2022, will cost approximately $300,000-$400,000. There is no funding allocated for this in the fiscal year 2021-22 budget. If the City Council chooses to hold the special election on April 12, 2022, staff request the City Council authorize a transfer of $400,000 from the City Council contingency balance to the Office of the City Clerk’s operating budget. Unused funds will be returned to the City Council contingency balance if expenses are less than $400,000. City Council contingency Total appropriation $500,000 Total expenditures/encumbrances $0 Total available funding $500,000 Special election $400,000 Avenida Encinas Parking (pending City Council consideration) $17,100 Remaining balance $82,900 Next Steps Depending on the City Council’s direction, the City Clerk Services Manager will either post a notice of intention to fill the City Council vacancy by appointment with an application and interview period as defined by the City Council or file a resolution with the County of San Diego Registrar of Voters calling the special election. If the City Council chooses to hold the special election on April 12, 2022, the City Clerk Services Manager will also file a resolution with the Board of Supervisors of the County of San Diego requesting consolidation services for a special election to be held on April 12, 2022. Environmental Evaluation (CEQA) In keeping with California 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. Therefore, it does not require environmental review. July 20, 2021 Item #7 Page 2 of 14 Public Notification Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 24 hours before the scheduled meeting date. Exhibits 1. City Council resolution declaring the existence of a City Council District No. 1 vacancy 2. City Council resolution calling a special election for April 12, 2022 3. City Council resolution requesting consolidation services from the San Diego County Registrar of Voters for the April 12, 2022, special election 4. City Council resolution adopting regulations for candidates’ statements of qualifications 5. July 9, 2021, Resignation letter from City Council Member Schumacher 6. July 9, 2021, Memorandum from the City Attorney regarding City Council vacancies July 20, 2021 Item #7 Page 3 of 14 RESOLUTION NO. 2021-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE EXISTENCE OF A CITY COUNCIL DISTRICT NO. 1 VACAN CY WHEREAS, on July 9, 2021, the City Clerk's Office received written notification from City Council Member Cori Schumacher of her decision to resign her City Council District No. 1 seat effective immediately; and WHEREAS, vacancy by resignation takes effect on the date specified in the letter of resignation or upon which the letter is delivered to the City Clerk; and WHEREAS, Carlsbad Municipal Code Section 2.04.110(A)(3) states that the City Council must declare the existence of the vacancy as soon as practicable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the City Council declares the existence of a City Council District No. 1 vacancy. 3.That the City Council must determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 4.That the City Clerk Services Manager shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of Carlsbad on the 20th day of July, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel. NAYS: None. ABSENT: None. MATT HALL, Mayor Heck( fliez1 Deo BARBARA ENGLESON/City Clerk (SEAL) 0011111111111110/1/4 CAF14 C4 July 20, 2021 Item #7 Page 4 of 14 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING FOR A SPECIAL ELECTION ON TUESDAY, APRIL 12, 2022, FOR THE ELECTION OF A CITY COUNCIL MEMBER – DISTRICT NO. 1 FOR A TERM ENDING NOVEMBER 2022 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES WHEREAS, under the provisions of the laws related to charter cities in the State of California, a special election may be held on April 12, 2022, for the purpose of electing one City Council Member to represent District No. 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Carlsbad, California, on Tuesday, April 12, 2022, a special election for the purpose of electing one Council Member from District No. 1 for a term ending in November 2022. 3. That the ballots to be used at the election shall be in form and content as required by law. 4. That the City Clerk’s Office is authorized, instructed and directed to coordinate with the County of San Diego Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 5. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to California Elections Code Section 10242, except as provided in California Elections Code Section 14401. 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 7. That notice of the time and place of holding the election is given and the City Clerk’s Office is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. July 20, 2021 Item #7 Page 5 of 14 8. That in the event of a tie vote (if any two or more persons receive an equal vote and the highest numbers of votes for an office) as certified by the County of San Diego Registrar of Voters, the City Council, in accordance with California Elections Code Section 15651 shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. 9. That the City Clerk Services Manager shall certify to the passage and adoption of this resolution. 10. That the City Council authorizes the City Clerk Services Manager to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 11. That the City Council authorizes the Deputy City Manager, Administrative Services, to transfer $400,000 from the City Council’s contingency balance to the City Clerk’s operating budget to fund the cost of the special election. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) July 20, 2021 Item #7 Page 6 of 14 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING CONSOLIDATION SERVICES FROM THE SAN DIEGO COUNTY REGISTRAR OF VOTERS FOR THE APRIL 12, 2022, SPECIAL ELECTION WHEREAS, under the provisions of the laws related to charter cities in the State of California, a special election shall be held on April 12, 2022, for the purpose of electing one City Council Member to represent District No. 1; and WHEREAS, in accordance with California Elections Code Section 1000 the special election be held on April 12, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors of the County of San Diego is requested to consent and agree to the consolidation of a special election on Tuesday, April 12, 2022, for the purpose of electing one Council Member from District No. 1 for a term ending in November 2022. 3. That the Registrar of Voters Office of the County of San Diego is authorized to canvass the returns of the special election. The special election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. 4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters Office to take any and all steps necessary for the holding of the consolidated election. 5. That the City of Carlsbad recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 6. That the City Clerk Services Manager is directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters Office of the County of San Diego. 7. That the City Clerk Services Manager shall certify to the passage and adoption of this resolution. July 20, 2021 Item #7 Page 7 of 14 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: NAYS: ABSENT: _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) July 20, 2021 Item #7 Page 8 of 14 RESOLUTION NO. . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT THE SPECIAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, APRIL 12, 2022 WHEREAS, California Elections Code Section 13307 provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates’ statements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. 2. GENERAL PROVISIONS. Pursuant to California Elections Code Section 13307, each candidate for elective office to be voted for at the special election to be held in the City of Carlsbad on April 12, 2022, may prepare a candidate’s statement on an appropriate form provided by the Office of the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate’s own self. The statement shall not include any party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period. 3. FOREIGN LANGUAGE POLICY a. Pursuant to the Federal Voting Rights Act, each candidate’s statement will be translated into all languages required by the Registrar of Voters Office of the County of San Diego. The County is required to translate candidate’s statements into the following languages: Spanish, Vietnamese, Filipino and Chinese. b. All translations shall be provided by professionally certified translators. July 20, 2021 Item #7 Page 9 of 14 c. The Registrar of Voters Office will print and mail separate sample ballots and candidates’ statements in Spanish, Vietnamese, Filipino and Chinese to only those voters who are in the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters Office will make the sample ballots and candidates’ statements in the required languages available at all polling locations, on the County’s website and in the Election Official’s office. 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 5. PAYMENT. The City Clerk Services Manager shall estimate the total cost of printing, handling, translating as specified, and mailing the candidates’ statements filed pursuant to the California Elections Code, including costs incurred as a result of complying with the Federal Voting Rights Act and require each candidate filing a statement to pay in advance the candidate’s estimated pro rata share of $900 as a condition of having the candidate’s statement included in the voter’s pamphlet. The estimated amount is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than estimated, depending on the actual number of candidates filing statements and the number of registered voters in the city. Accordingly, the City Clerk Services Manager is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expenses or refund any excess paid depending on the final actual cost. 6. Each candidate shall pay a $25 fee at the time the nomination papers are filed in the City Clerk’s Office. The City Clerk’s Office shall provide each candidate, or the candidate’s representative, a copy of this resolution at the time nominating petitions are issued. 7. This resolution shall apply to only the election to be held on April 12, 2022. 8. The City Clerk Services Manager is directed to file a certified copy of this resolution with the Registrar of Voters Office of the County of San Diego. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2021, by the following vote, to wit: AYES: July 20, 2021 Item #7 Page 10 of 14 NAYS: ABSENT: _________________________ MATT HALL, Mayor _________________________ BARBARA ENGLESON, City Clerk (SEAL) July 20, 2021 Item #7 Page 11 of 14 Exhibit 5 July 20, 2021 Item #7 Page 12 of 14 July 9, 2021 To: MAYOR AND CITY COUNCIL From: CITY ATTORNEY Subject: CITY COUNCIL VACANCIES Carlsbad Municipal Code section 2.04.110, which was amended by the City Council on February 23, 2021, establishes the procedures for vacancies in the offices of elected officials in the City of Carlsbad. The following is a summary of that code section as it relates to the resignation of a City Council member. •Vacancy by resignation takes effect on the date specified in the letter of resignation or the date upon which the letter is delivered to the City Clerk. (CMC 2.04.110(A)(3)(a).) •The City Council must declare the existence of the vacancy or anticipated vacancy as soon as practicable. (CMC 2.04.110(A)(3).) •If the vacancy is declared with more than one year, but less than 25 months remaining in the term, the City Council may appoint a person to fill the vacancy or call a special election to fill the vacancy. (CMC 2.04.110(D)(1).) •The City Council must determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. (CMC 2.04.110(D)(2).) •If the City Council decides to fill the vacancy by special election: o The special election would occur on the next regularly established election date not less than 114 days after the declaration of vacancy, which would be April 12, 2022, for vacancies declared after July 11, 2021. (CMC 2.04.110(C); Elec. Code § 1000(c), (e).) •If the City Council decides to fill the vacancy by appointment: o The City Council has 45 days from the date of the declaration of vacancy to make the appointment. (CMC 2.04.110(B)(1) & (C)(3).) o The person selected to fill the vacancy must meet the eligibility requirements for the office: (CMC 2.04.110(B)(1).) Exhibit 6 July 20, 2021 Item #7 Page 13 of 14 To represent a council district, a person must reside in the district and be a registered voter in that district. (CMC 2.04.040(A) and CMC 2.04.070(C).) o The resigning City Council member may not vote on the appointment. (CMC 2.04.110(B)(3).) o The appointee would hold the office until a successor is elected. (CMC 2.04.110(B)(4).) o The appointee would be ineligible to seek election for the same office until one year after the appointment ends. (CMC 2.04.110(B)(4).) o If the City Council is unable to make an appointment within 45 days of the declaration of vacancy, then the City Council must call a special election (see timing of election above). (CMC 2.04.110(D)(3).) Councilmember Schumacher’s letter of resignation specifies that her resignation is effective immediately. This matter will be placed on the next available City Council meeting agenda, which is July 20, 2021. Assuming the City Council declares the existence of the vacancy at that meeting, the City Council would need to decide how to fill the vacancy by August 3, 2021. If the City Council opts to fill the seat by appointment, the City Council would have until September 3, 2021, to make that appointment or the seat would need to be placed on the April 12, 2022 election. As part of the recent City Council amendments to this code section, an appointee would be unable to seek election to the seat until one year after the appointment ends. Very truly yours, /s/ Celia A. Brewer Celia A. Brewer CITY ATTORNEY cc: City Manager City Clerk July 20, 2021 Item #7 Page 14 of 14 7/16/2021 All Receive - Agenda Item # 1 For the Information of the: CITY COUNCIL Date q119/,21 CA "" CC .CM v— ACM v-DCM (3) To: Mayor Matt Hall and Councilpersons Blackburn, Acosta, and Bhat-Patel From: Gary Nessim As a 40-year resident, I am offering to be the candidate appointed to hold the district one City Council seat for the remainder of this term. While there are many qualified, well educated, thick skinned, district one residents with excellent experience, I believe I am best suited for this approximately one-year appointment. I have completed the Citizens Academy and worked with many, many city departments on with both personal and business endeavors. I have been studying homeless and affordable housing issues for several years and currently following the 2021 League of Women Voters study closely. I helped initiate and assisted in the Village and Barrio Master Plan update and worked with Councilpersons Barbara Hamilton and Cori Schumacher on these issues in an effort to move the plan forward. I have spoken at and attended more City Council Meetings than most local residents. I am nonpartisan and have not been a registered Democrat or Republican for over 25 years. As a trained mediator, I feel these skills would be effective in assisting the city to continue moving forward on many current issues. I am retired, and have the time, interest, education and experience to understand many of the complex issues that are dealt with on a daily basis. I understand that the council position is full time for one year and I also understand that I cannot run for the position next term. Looking forward to being a part of the Carlsbad City Council team. Sincerely, Gary Nessim 2987 Highland Drive Carlsbad, Ca 92008 760 519 5556 Nessim 2021 1 Gary Nessim Background •40 year resident of Carlsbad- 7 years in La Costa and 33 years in District 1 •30 year Carlsbad Business Owner and Real Estate Broker •30 year member of the Carlsbad Village Association board member, and community activist •Co-captain Hosp Grove Trail •Graduate of Mediation training program •Graduate of Carlsbad Citizens Academy •Graduate of Leadership 2000 in 1996 •CERT Volunteer and Graduate •League of Women Voters Member and Committee Volunteer •Lifetime member and past President of Carlsbad Historical Society •Served 8 years on and Chaired Carlsbad Beach Erosion Committee •Graduate of San Diego State University in Psychology •A founding Board member of Move Your Feet Before You Eat foundation •Currently a North County Lifetime volunteer •Remodeled Historic home adjacent to Cole Library, which has been a source of pride to the community •U S Navy Veteran and Nuclear Power plant operator •Competent in a variety of software Nessim 2021 2 From:Council Internet Email To:City Clerk Subject:FW: D1 Date:Tuesday, July 20, 2021 1:38:42 PM From: Jack Maser <buffalojack@sbcglobal.net> Sent: Tuesday, July 20, 2021 1:21 PM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: D1 I believe that the residents of the D1 community should have representation on the City Council. Therefore, I would like a special election, but if that is too costly or otherwise prohibitive, someone should be appointed. - Jack Maser, 2841 Vista Mariana 92009 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #_7___ For the Information of the: CITY COUNCIL Date: 07/20/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ From:Jim Wickstrom To:City Clerk Subject:DECLARE THE EXISTENCE OF A CITY COUNCIL DISTRICT NO. 1 VACANCY AND CONSIDER OPTIONS TO FILL THE VACANCY Date:Monday, July 19, 2021 8:30:39 PM My wife Glenda and I have been residents of Carlsbad for the past 43 years and we strongly support a District 1 appointment so the City of Carlsbad can avoid being compromised by having only 4 City Council members. Jim and Glenda Wickstrom Carlsbad 760-519-2517 Not all those who wander are lost CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #__7__ For the Information of the: CITY COUNCIL Date: 07/20/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ From:Diana A To:City Clerk Cc:Priya Bhat-Patel Subject:7/20/21 Agenda Item 7: DECLARE THE EXISTENCE OF A CITY COUNCIL DISTRICT NO. 1 VACANCY ANDCONSIDER OPTIONS TO FILL THE VACANCY Date:Monday, July 19, 2021 9:11:24 PM Dear Mayor and City Council members, Please support an appointment to the seat of D1 versus a special election. Preferably this candidatewould be established in the D1 community and have a solid understanding of the issues D1 faces. Inaddition , the person needs to be well balanced in their political beliefs and most importantly ensure thatthey listen to the residents of the Barrio. We also need someone appointed that does not have apolitical agenda or a personal agenda to achieve and is truly a public servant. It's important to selectsomeone with a fresh perspective and one that is not stuck in the ways things "used" to be but rather iswilling to continue to move our city in the right direction. Thanks for your consideration. Diana AguirreD3 resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL Date: 07/20/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ From:Athena Runner To:City Clerk Subject:7/20/21 Mtg: Agenda Item 7 - Approve Option 2 - Appointment Date:Tuesday, July 20, 2021 1:48:18 PM Please include in the record: Dear Mayor, Mayor Pro Tem, and Council Members Bhat-Patel and Acosta, In regard to agenda item 7, filling the District 1 vacancy, I ask you to choose Option 2 and fill the vacancy by appointment. If you choose to fill the vacancy with a special election, you are choosing to spend nearly half a million dollars to fill a vacancy for just eight months, given the proposed April 2022 election date. Once elected, that council member would spend most of their time 1) coming up to speed and 2) presumably running for re-election. What a gigantic waste of taxpayer money! We’ve already spent nearly that much money on a special election for this district a mere 16 months ago. How much money will all Carlsbad taxpayers pour into District 1 because its elected officials keep resigning? One special election in a four-year term is more thanenough. Also, a vote for a special election leaves the city without a full council for another nine months. That’s unacceptable and unfair to the rest of the city when you have another option to choose. Please consider ALL of the city, not just District 1, when making this decision. Therest of us deserve to have a full city council as soon as possible AND to not waste more money on yet another special election due to a city council member bailing on their district.Thank you. Athena Runner CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #____ For the Information of the: CITY COUNCIL Date: 07/20/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ Declare Existence of a City Council District 1 Vacancy & Consider Options Faviola Medina, City Clerk Services Manager Cindie McMahon, Assistant City Attorney July 20, 2021 {city of Carlsbad OVERVIEW •District 1 council seat vacant effective July 9, 2021 due to council member resignation •City Council must declare the existence of the vacancy as soon as practicable •Vacancy may be filled by appointment or special election •Decision must be made within 14 days of declaration, or Aug. 3, 2021 {city of Carlsbad Fill vacancy by special election •Next established election date not less than 114 days after the declaration of vacancy •April 12, 2022 for vacancies declared after July 11, 2021 •Approximately $400k Option 1 {city of Carlsbad Alternate Election Dates •Special elections must be held on an established election date. •Exceptions (none applicable): •Where city charter provides otherwise •Initiative, referendum or recall elections •Certain mail ballot elections (e.g., small city, less than 1,000 eligible voters, special tax election or assessment ballot proceeding) Option 1 {city of Carlsbad Fill vacancy by appointment •Appointment must be made by Sept. 3, 2021 •Application and interview period •Appointee will hold office until a successor is elected •Appointee ineligible to seek election for same office until one year after appointment ends •Must hold special election if unable to make appointment within 45 days Option 2 {city of Carlsbad Fill vacancy by appointment •Municipal Code amendment required to •Eliminate provision prohibiting an appointee from running for the same office until one year after appointment ends •Allow for vacancy to be temporarily filled by appointment until special election is held •Approximately 45-60 day process Option 2 {city of Carlsbad Application and Interviews •Past vacancies •Submission of an application and statement of interest/qualifications •Brief presentation and response to council member questions at City Council meeting •Council can establish process •Must be Brown Act compliant Option 2 {city of Carlsbad QUESTIONS? {city of Carlsbad