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Home My WebLink About2021-07-27; City Council; ; Appointment Process for City Council District No. 1 VacancyCA Review CKM Meeting Date: July 27, 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 Sheila Cobian, Director of Legislative & Constituent Services sheila.cobian@carlsbadca.gov, 760-434-2917 Cindie McMahon, Assistant City Attorney cindie.mcmahon@carlsbadca.gov, 760-434-2891 Subject: Appointment Process for City Council District No. 1 Vacancy District: 1 Recommended Action By minute motion: 1. Approve the application and procedures for the appointment process and provide direction as necessary 2. Approve adjusting the Aug. 24, 2021, City Council meeting to begin at 4 p.m. and to be held in person in the City Council Chamber Executive Summary/Discussion Background At the City Council meeting held July 20, 2021, the City Council declared the existence of a City Council District No. 1 vacancy. At this meeting, the City Council also gave direction to fill the vacancy by appointing a successor who will serve the remainder of the term of the former city council member. The council direction called for an appointment process that would include: • One-on-one applicant interviews to be scheduled with the City Council members • Five-minute presentations by the applicants at an upcoming City Council meeting, with the opportunity for City Council members to ask the applicants questions • Each City Council member selecting five finalists to be voted on to fill the vacant District 1 seat; the applicant receiving the majority vote will be appointed to fill the remainder of the term, which ends in November 2022 • A hypothetical question illustrating the applicant’s decision-making processes shall be asked of each applicant July 27, 2021 Item #13 Page 1 of 10 Timeline Based on these requirements and the requirements in Carlsbad Municipal Code Section 2.04.110 (Exhibit 2), staff propose the following timeline and meeting procedure outline: July 28-Aug. 11 at 5 p.m. Application period - Each application will be made available to the City Council and public in the order received after verification of eligibility by the City Clerk’s Office Aug. 12-Aug. 23 Interview period - The City Council will set up interviews with the qualified candidates Aug. 24 at 4 p.m. City Council meeting - Applicants will be given five minutes to make their presentations and respond to City Council questions. Appointment made if consensus is reached. Sept. 2 at 5 p.m. Special meeting, if necessary, to conclude appointment process. Meeting procedure The proposed interview procedure will be as follows: 1.The City Clerk will review the interview procedure. 2.Applicants will be called to the podium in the order their applications were received. 3.The City Clerk will ask the question the City Council approved. 4.Applicants will be given five minutes to respond to the question and speak to their qualifications and interests for the position. 5.After completion of the applicant interviews, the public may provide comments to the City Council. 6.After the conclusion of public comments, the City Clerk will provide five blank cards to each of the City Council members. 7.The City Council members will write in their top five candidates and include their name and the order they wish to rank their top five candidates, with No. 1 being their first preference. 8.The City Clerk will collect all of the cards and post them on the board next to the nominating City Council members’ name. 9.The candidates with the most votes will then be considered by a vote of the City Council. 10.This process will continue until consensus is reached. Following the interview process, the City Council may make an appointment to fill the vacancy of City Council District No. 1, to be effective at the time the oath is administered by the City Clerk. July 27, 2021 Item #13 Page 2 of 10 Options To finalize the application process, staff request direction on the following options: Interview questions The following questions were submitted by the City Council for consideration: Mayor Hall • What would you like to accomplish as a council person if appointed? • Please give examples of using collaboration to become successful. Council Member Bhat-Patel • What are the most pressing issues facing our community and how do you plan to address them? Council Member Acosta • A local resident business owner in your district has submitted an application seeking approval for a gas station with a convenience store as part of a new development that includes both commercial and residential uses. The gas station is an allowable use subject to a conditional use permit. Several residents in your district have raised concerns about the gas station’s traffic, health and safety, land use, and aesthetic impacts. Analyses have concluded the gas station would not create negative impacts in these areas of concerns. How would you go about making a decision on the local resident business owner’s application? (Mayor Pro Tem Blackburn did not submit a question for consideration.) Staff are seeking the City Council’s direction on whether to include any of the above questions on the application (Exhibit 1), or instead to have them asked in person by the City Council at the meeting where the applicants will give their five-minute presentations. Conflict of Interest Form During an election process, potential candidates are required by state law to file a Fair Political Practices Commission Conflict of Interest Form (Form 700) with their candidate paperwork. During an appointment process, applicants are not required by law to file this form and the City Council has not otherwise required this step in the past. However, for transparency purposes, the City Council may also consider requiring applicants to file a Form 700 at the same time they file their applications. Meeting time adjustment Staff is also requesting the City Council make and approve a minute motion to set the meeting of Aug. 24 as a special meeting to be held in person at 4 p.m. to accommodate the appointment process. Fiscal Analysis This action has no fiscal impact. July 27, 2021 Item #13 Page 3 of 10 Next Steps The City Clerk Services Manager will post a notice of intention to fill the City Council vacancy by appointment with an application and interview period as approved by the City Council. Environmental Evaluation 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. Public Notification and Outreach This item was noticed 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. Draft application for appointment 2. Carlsbad Municipal Code Section 2.04.110 July 27, 2021 Item #13 Page 4 of 10 Questions? Please call 760 434-2808 or email clerk@carlsbadca.gov Application for Appointment to Fill Vacancy for Carlsbad City Council District 1 Applications must be received by Wednesday, Aug. 11, 2021 at 5:00 p.m. Requirements: •Citizen of the United States •Registered voter and resident of City of Carlsbad District 1 Personal Information Name Date of Birth: Required for Voter Registration Verification Home Address District Number City ZIP Home Phone Mobile E-mail Occupation Employer Employer Address City ZIP Work Phone Mobile Acknowledgements Yes No I am a resident of the City of Carlsbad District 1. I am a registered voter in Carlsbad. I am a Citizens Academy graduate. I have sufficient time to devote to the responsibility of the position and will attend the required meeting(s) if I am appointed. I acknowledge that if appointed I will file necessary documents including a Form 700 Economic Disclosure Statement (a public record that will be posted on the City’s website) and attend Ethics Training as required under the Political Reform Act. I acknowledge that if appointed to fill the District 1 Council seat for the term ending Nov. 2, 2022, I will not be eligible to run for that seat in the November 2022 election per Carlsbad Municipal Code section 2.04.110. I am also aware that this application is a public document. July 27, 2021 Item #13 Page 5 of 10 EXHIBIT 1 Please describe your professional and relevant experience Please describe your educational background Please describe your current or past community involvement, any service on boards, commissions or committees, private or public agencies Please explain why you wish to be appointed to City Council (attach a separate sheet if needed) July 27, 2021 Item #13 Page 6 of 10 Are you related to, employed by, or affiliated in any way with anyone on the City Council or City of Carlsbad staff members? If yes, please list member name(s). Additional information or comments July 27, 2021 Item #13 Page 7 of 10 Signature By signing below, I declare under penalty of perjury under the laws of the State of California that the answers provided in this application are true and correct to the best of my knowledge. First Name: Last Name: Signature: Date: Submission Due Date Completed applications must be received by the City Clerk’s Office no later than Wednesday, Aug. 11 at 5 p.m. Once submitted, applications may not be amended. Remember that you must answer all questions on this application to be considered for the City Council. Incomplete applications will not be considered. Option 1: Option 2: Mail or drop off the signed paper copy of your completed application to: City of Carlsbad City Clerk’s Office 1200 Carlsbad Village Drive Carlsbad, CA 92008 (760)434-2808 Postmarks are not accepted. Applications must be received by the City Clerk’s Office by the due date. E-mail your completed application. Ensure the application is signed, then e-mail the application to: clerk@carlsbadca.gov July 27, 2021 Item #13 Page 8 of 10 Carlsbad Municipal Code Up Previous Next Main Search Print Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.04 ELECTED OFFICIALS 2.04.110 Vacancies in office. A.Declaration of Vacancy. 1.Vacancies. The office of an elected official becomes vacant upon death, resignation, or forfeiture or removal from office on any ground provided by law. 2.Forfeiture. In addition to any other ground provided by law, an elected official forfeits office if the elected official: a.Lacks at any time during the elected official’s term of office any qualification for the office prescribed by the city charter, this code or other applicable law; or b.Accepts or retains any other elective public office. 3.Declaration of Vacancy. If a vacancy occurs, the city council shall declare the existence of the vacancy or anticipated vacancy as soon as practicable. The date of the vacancy shall be determined as: a.In the case of a resignation, the effective date specified in the letter of resignation or, if no effective date is specified, the date upon which the letter of resignation is delivered to the city clerk. b.In the case of election to another office, the date on which the elected official is sworn into the other office. c.If subsections (3)(a) and (3)(b) do not apply, the date of the declaration of vacancy by the city council. B.Filling of Vacancy by Appointment. 1.If a vacancy is declared by the city council with one year or less remaining in the term from the date of the declaration of vacancy, the city council shall within 45 days appoint a person to fill the vacancy. A person appointed to fill a vacant office must meet the eligibility requirements for the office. 2.The city council shall use good faith and best efforts to reach agreement on an appointment. If the city council is unable to make an appointment within 45 days of the declaration of vacancy, the office shall remain vacant for the remainder of the term. 3.For a vacancy created by a city council member resigning from office, the resigning city council member may not cast a vote on the appointment. 4.In the event the city council makes an appointment, the appointee office holder shall hold office until a successor is elected. Any person appointed by the city council to fill the office of a council member or mayor may not seek election to that same office until one year after the end of the appointed term. C.Filling of Vacancy by Election. If a vacancy declared by the city council occurs with 25 months or more remaining in the term from the date of the declaration of vacancy, the city council shall fill the vacancy by calling a special election to be held on the next established election date not less than 114 days after the declaration of vacancy. D.Filling of Vacancy by Appointment or Election. 1.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 under subsection B or call a special election to fill the vacancy under subsection C. 2.The city council shall determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. 3.If the city council determines to fill the vacancy by appointment and is unable to make an appointment within 45 days of the city council declaring a vacancy, the city council shall call a special election under subsection C. July 27, 2021 Item #13 Page 9 of 10 Exhibit 2 E. Notwithstanding any other provision in this section, if an appointment would result in a majority of the city council members being appointed, the city council may not fill the vacancy by appointment; rather: (1) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (2) where the vacancy is for a remaining term of more than one year but less than 25 months, the city council shall call a special election under subsection C to fill the vacancy. (Ord. CS-391 § 4, 2021; Ord. CS-100 § 1, 2010; Ord. CS-044 § 1, 2009; Ord. NS- 836, 2007; Ord. NS-529 § 1, 2000; Ord. NS-256 § 1, 1993; Ord. NS-223 § 1, 1993; Ord. 1253 § 1, 1982) View the mobile version. July 27, 2021 Item #13 Page 10 of 10 From:Council Internet Email Cc:City Clerk Subject:FW: Interviewing Applicants 4 Dist 1 City Council on Zoom Date:Monday, July 26, 2021 3:28:53 PM From: Mary Real <anewday4me2020@gmail.com> Sent: Monday, July 26, 2021 2:55 PM To: Scott Chadwick <Scott.Chadwick@carlsbadca.gov>; Mary Real <anewday4Me2020@gmail.com>; Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Interviewing Applicants 4 Dist 1 City Council on Zoom To Mr. Scott Chadwick: In order to avoid having people at the post office gathering signatures for an election, would it be possible to interview all of the applicants at one time by the current city council people so that everyone could get a better introduction to the candidates and then the voters could send their opinions to the City? This could be done over Zoom and posted on the City website. Thank you, Mary Lucid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #_13_ For the Information of the: CITY COUNCIL Date: 07/26/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ From:michael ajdour To:City Clerk Subject:District 1 appointment - item 13 Date:Tuesday, July 27, 2021 10:27:02 AM Dear Council & Mayor, Soon you will appoint a council member for D-1, where I live. A financial conservative who schedules a few open office hours a week & answers email from the district would be appreciated. As much as I think someone who is a homeowner in the village or barrio would best represent district 1, please don't appoint someone who has to leave the room every time wecome up. That unfortunately negates the representation. And above all, nonpartisanship is overdue. This is Carlsbad council, not the Supreme Courtso no reason to make this a lengthy process or struggle. All the best, Julie Ajdour - STILL a barrio resident,homeowner & parent Sent from Yahoo Mail on Android CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #_13_ For the Information of the: CITY COUNCIL Date: 07/27/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ From:Council Internet Email Cc:City Clerk Subject:FW: Interviewing Applicants 4 Dist 1 City Council on Zoom Date:Monday, July 26, 2021 3:28:53 PM From: Mary Real <anewday4me2020@gmail.com> Sent: Monday, July 26, 2021 2:55 PM To: Scott Chadwick <Scott.Chadwick@carlsbadca.gov>; Mary Real <anewday4Me2020@gmail.com>; Council Internet Email <CityCouncil@carlsbadca.gov> Subject: Interviewing Applicants 4 Dist 1 City Council on Zoom To Mr. Scott Chadwick: In order to avoid having people at the post office gathering signatures for an election, would it be possible to interview all of the applicants at one time by the current city council people so that everyone could get a better introduction to the candidates and then the voters could send their opinions to the City? This could be done over Zoom and posted on the City website. Thank you, Mary Lucid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. All Receive - Agenda Item #_13_ For the Information of the: CITY COUNCIL Date: 07/26/21 CA__X__ CC_X__ CM__X_ ACM_X__ DCM (3) _X___ Appointment Process for District No. 1 Vacancy Faviola Medina, City Clerk Services Manager Sheila Cobian, Director of Legislative & Constituent Services Cindie McMahon, Assistant City Attorney July 27, 2021 {city of Carlsbad Council Direction One-on-one applicant interviews Five-minute applicant presentation City Council selection of finalists A hypothetical question to illustrate applicant’s decision- making process Appointment Process {city of Carlsbad Appointment Process TIMELINE July 28 –Aug. 11 Application Period Aug. 12 –Aug. 23 Interview Period Aug. 24 at 4 p.m. City Council Meeting Sept. 2 at 5 p.m. Special Meeting0 0 0 0 {city of Carlsbad Proposed Questions Mayor Hall •What would you like to accomplish as a council person if appointed? •Please give examples of using collaboration to become successful. Council Member Bhat-Patel •What are the most pressing issues facing our community and how do you plan to address them? Council Member Acosta •A local resident business owner in your district has submitted an application seeking approval for a gas station with a convenience store as part of a new development that includes both commercial and residential uses. The gas station is an allowable use subject to a conditional use permit. Several residents in your district have raised concerns about the gas station’s traffic, health and safety, land use, and aesthetic impacts. Analyses have concluded the gas station would not create negative impacts in these areas of concerns. How would you go about making a decision on the local resident business owner’s application? FORM 700 •Does the City Council wish to require applicants to file a Form 700 at the same time they file their applications? {city of Carlsbad RECOMMENDED ACTION By Minute Motion: •Approve the application and procedures for the appointment process •Approve adjusting the Aug. 24, 2021, City Council meeting to begin at 4 p.m. and to be held in person {city of Carlsbad