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
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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
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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
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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