HomeMy WebLinkAbout2021-08-31; City Council; ; Declare the Existence of a City Clerk Vacancy and Consider Options to Fill the VacancyMeeting Date: Aug. 31, 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
Subject: Declare the Existence of a City Clerk Vacancy and Consider Options to Fill
the Vacancy
District: All
Recommended Action
Adopt a resolution declaring the existence of a City Clerk vacancy and consider options to fill
the vacancy. Depending on the option selected by City Council, by motion take one of the
following actions:
1.Adopt resolutions:
•Calling for a special election on Tuesday, April 12, 2022, for the election of a City
Clerk for a term ending November 2022 as required by the provisions of the laws
of the State of California relating to charter cities
•Requesting consolidation services from the San Diego County Registrar of Voters
for the April 12, 2022, special election
•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; or
2.Direct staff to prepare a notice of vacancy and return to City Council on Sept. 14, 2021,
outlining a proposed application and appointment process for City Council approval; or
3.Introduce an ordinance amending the Carlsbad Municipal Code allowing the office of
the City Clerk to remain vacant when less than 16 months exists on a term.
Executive Summary/Discussion
City Clerk Barbara Engleson resigned her City Clerk seat on July 29, 2021, effective Aug. 19,
2021. Her resignation created a vacancy, and the City Council is required to declare the
existence of the vacancy as soon as practicable.
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
CA Review CKM
Aug. 31, 2021 Item #10 Page 1 of 18
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. Carlsbad Municipal Code Section 2.04.110(D)(2) states
the City Council must make this determination within 14 days of the declaration of vacancy,
which in this instance is Sept. 14, 2021.
If the City Council chooses to fill the vacancy by appointment, Carlsbad Municipal Code Section
2.04.110(D)(3) states the City Council must make the appointment within 45 days of the
declaration of vacancy, which in this instance is Oct. 15, 2021. If the City Council is unable to
make an appointment within this time, the City Council must call a special election.
A person appointed to fill the vacancy will hold the office until a successor is elected. The
appointee is also able to run for the office in the November 2022 election.
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.
Option 2: Fill the vacancy by appointment
•The City Council has until Oct. 15, 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 Clerk
seat by appointment with an application and interview period, as determined by the
City Council.
•The person selected to fill the vacancy must meet the eligibility requirements for the
office, which includes residency, voter registration and one of the following two
criteria:
o The designation of certified municipal clerk from the International Institute
of Municipal Clerks; or
o Two years of full-time, salaried work experience in either business
administration or public administration and a bachelor’s degree from an
accredited college or university
•The appointee would hold office until a successor is elected in the November 2022
election.
•The appointee would be permitted to run for the office in the November 2022
election.
•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.
Option 3: Introduce and adopt an ordinance by Sept. 14 allowing the office of the City Clerk to
remain vacant when less than 16 months exists on a term.
•The City Clerk Services department runs the day-to-day operation of the City Clerk
and Records Management divisions of the city.
•Staff currently serves as the City Clerk in the City Clerk’s absence and has the
authorization to perform all the duties of the City Clerk.
Aug. 31, 2021 Item #10 Page 2 of 18
•By allowing the City Clerk seat to remain vacant, the general fund will realize a salary
and benefit savings of approximately $40,000 for the vacancy period through
December 2022.
Fiscal Analysis
Based on an estimate provided by the San Diego County Registrar of Voters, staff estimates that
holding a citywide special election on April 12, 2022, will cost approximately $750,000-
$1,500,000. 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 requests the City
Council authorize the appropriation of unassigned General Fund reserves, because the cost
estimate is greater than the fiscal year 2021-22 City Council contingency balance of $482,900.
City Council Policy No. 74 - General Fund Reserve Policy, states that:
“At the discretion of the City Council, reserve levels in excess of the 40% target
requirement, may be used for one-time opportunity cost purposes. For example,
one-time expenditures resulting in future efficiencies, infrastructure, special
projects, or key economic development opportunities that provide savings or
efficiencies where no funding source otherwise exists. These types of one-time
opportunity costs may only be authorized by formal City Council action where
findings have been made as to what constitutes the savings or how efficiencies
will be achieved.”
If the City Council chooses to appropriate unassigned General Fund reserves for a citywide
special election, City Council Policy No. 74 would require the City Council to make findings that
the one-time opportunity cost provides efficiency to the city, and the special election is a
special project where no funding source otherwise exists.
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 determined 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.
If the City Council chooses to amend the Carlsbad Municipal Code to allow the City Clerk
position to remain vacant until the November 2022 election, staff will prepare the attached
ordinance for adoption at the Sept. 14, 2021, City Council meeting.
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.
Aug. 31, 2021 Item #10 Page 3 of 18
Public Notification
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.City Council resolution declaring the existence of a City Clerk 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.City Council ordinance
6.Version showing revisions to Carlsbad Municipal Code Section 2.04.110
7.July 29, 2021, Resignation letter from City Clerk Engleson
Aug. 31, 2021 Item #10 Page 4 of 18
RESOLUTION NO. 2021-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING THE EXISTENCE OF A CITY CLERK VACANCY
WHEREAS, on July 29, 2021, the City Clerk's Office received written notification from City Clerk
Barbara Engleson of her decision to resign her City Clerk seat effective Aug. 19, 2021; and
WHEREAS, vacancy by resignation takes effect on the date specified in the letter of resignation
or, where no date is specified, on the date 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 Clerk 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 Regular Meeting of the City Council of the City of
Carlsbad on the 31st day of August, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
MATT HALL, Mayor
~('7C :fr(
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 31, 2021 Item #10 Page 5 of 18
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 CLERK 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 Clerk.
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 City Clerk
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 Services Manager 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
Services Manager is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
Exhibit 2
Aug. 31, 2021 Item #10 Page 6 of 18
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
appropriate up to $1,500,000 from the unassigned General Fund reserve balance to the
City Clerk’s operating budget to fund the cost of the special election.
12.That the special election is a special project where no funding source otherwise exists
and the one-time opportunity cost provides efficiency to the city by allowing the office
of City Clerk to be filled, rather than remain vacant for the remainder of the unexpired
term.
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
_____________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 31, 2021 Item #10 Page 7 of 18
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 Clerk; and
WHEREAS, in accordance with California Elections Code Section 1000(c), the special election will
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 City Clerk 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.
Exhibit 3
Aug. 31, 2021 Item #10 Page 8 of 18
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
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 31, 2021 Item #10 Page 9 of 18
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 candidates’ statements into the
following languages: Spanish, Vietnamese, Filipino and Chinese.
b.All translations shall be provided by professionally certified translators.
Exhibit 4
Aug. 31, 2021 Item #10 Page 10 of 18
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.
Aug. 31, 2021 Item #10 Page 11 of 18
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
_________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 31, 2021 Item #10 Page 12 of 18
Aug. 31, 2021 Item #10 Page 13 of 18
Aug. 31, 2021 Item #10 Page 14 of 18
Aug. 31, 2021 Item #10 Page 15 of 18
1.04.110 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 sections (a) and (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).
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:
(a) where the vacancy is for a remaining term of one year or less, the office shall remain vacant; and (b)
Exhibit 6
Aug. 31, 2021 Item #10 Page 16 of 18
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.
F. Notwithstanding any other provision in this section, if the vacancy is in the office of city clerk and
there is less than 16 months remaining in the term from the date of the declaration of vacancy, the city
council may choose not to fill the vacancy by either appointment or by calling a special election and the
office shall remain vacant for the remainder of the term.
Aug. 31, 2021 Item #10 Page 17 of 18
EXHIBIT 7
Aug. 31, 2021 Item #10 Page 18 of 18
Declare Existence of a City Clerk
Vacancy & Consider Options
Sheila Cobian, Director of Legislative & Constituent Services
Faviola Medina, City Clerk Services Manager
Aug. 31, 2021
{city of
Carlsbad
•City Clerk seat vacant effective Aug. 19, 2021
due to City Clerk resignation
•City Council must declare the existence of the
vacancy as soon as practicable
•Under current CMC, vacancy may be filled by
appointment or special election
•Decision must be made within 14 days of
declaration, or Sept. 14, 2021
ITEM #10: CITY CLERK VACANCY
Overview
{city of
Carlsbad
Qualifications
•Carlsbad residency
•Active Carlsbad voter registration
•One of the following two criteria:
•Designation of Certified Municipal Clerk
from the International Institute of
Municipal Clerks; or
•Two years of full-time, salaried work
experience in either business
administration or public administration and
a bachelor’s degree from an accredited
college or university
ITEM #10: CITY CLERK VACANCY
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
•Estimated cost: $750k -1.5 million
Option 1
{city of
Carlsbad
Fill vacancy by appointment
•Appointment must be made by Oct. 15, 2021
•Application and interview period
•Appointee will hold office until a successor is
elected
•Appointee is eligible to run for seat in Nov.
2022 election
•Must hold special election if unable to make
appointment within 45 days
Option 2
{city of
Carlsbad
Introduce an ordinance
•Allow the office of the City Clerk to remain
vacant when less than 16 month remains in the
term
•Staff serves as the City Clerk in the City Clerk’s
absence
•City Clerk Services Manager runs the day-to
day operation of City Clerk and Records
Management division
•Cost savings of approximately $40,000
•CMC designation requires a minimum of two
years
Option 3
Adopt the resolution declaring the
vacancy and select an option on how to
proceed with filling the vacancy
ITEM #10: CITY CLERK VACANCY
Recommended action
{city of
Carlsbad
Questions?
ITEM #10: CITY CLERK VACANCY
{city of
Carlsbad