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February 26, 2024
ITEM TITLE
City Council Vacancy: Declaring a Vacancy for the District 4 City Councilmember Seat, Declaring an Intention to Use Good Faith, Best Efforts to Appoint a Person to Fill the Seat, and Providing Direction to Staff on the Appointment Process
Report Number: 24-0078
Location: No specific geographic location
Department: City Clerk & City Attorney
G.C. § 84308: No
Environmental Notice : The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Recommended Action
Adopt a resolution declaring a vacancy for the District 4 City Councilmember Seat and declaring an intention to use good faith, best efforts to appoint a person to fill the vacant seat within 45 days and discuss and provide direction to staff regarding the appointment process.
SUMMARY
The District 4 City Councilmember seat is vacant as a result of the resignation of former Councilmember Andrea Cardenas. The City Charter provides regulations for filling elected official vacancies, depending on the length remaining in the unexpired term of the office. Due to the length of the remaining term for the District 4 City Councilmember seat, the Council must use good faith , best efforts to fill the vacancy by appointment. The ensuing report provides additional details and options for filling the vacancy.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined unde r Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; P a g e | 2
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
BACKGROUND
Former Councilmember Andrea Cardenas submitted a letter of resignation to her City Council colleagues on February 19, 2024. (Attachment 1). Pursuant to Chula Vista Charter section 303(A), Ms. Cardenas is deemed to have vacated her seat as of that date. The City Charter requires the City Council to declare the vacancy by resolution as soon as practicable. Once the vacancy is declared, the City Council must take certain steps to fill the vacancy within 45 days , as outlined below. Adoption of the resolution presented with this item will declare the seat vacant and declare the intention to fill the vacancy in accordance with the Charter requirements. In addition, City st aff is requesting City Council direction with respect to the appointment process.
PROCESS TO FILL THE DISTRICT 4 CITY COUNCILMEMBER VACANCY The vacant District 4 City Councilmember seat term expires in December 2024. City Charter Section 303(C)(1) provides that if a vacancy is declared by the City Council with less than one year remaining in the term for a Councilmember, the City Council is to use their good faith, best efforts to fill the vacancy by City Council appointment no later than forty-five days after the date of such declaration. If the vacancy is declared on February 26 th, the appointment must be made by April 11 th. If the Council is unable to make an appointment during the prescribed forty -five day time period, the Council’s power to app oint to fill the vacancy shall terminate and the seat shall remain vacant for the remainder of the term.
Appointment Options and Considerations
Process. Chula Vista Municipal Code (CVMC) Chapter 2.53 establishes the appointment process to fill vacancies on the City Council. CVMC Chapter 2.53, a sample appointment timeline, and sample materials for the appointment are provided as Attachments 2 and 3. A summary of the process is as follows:
1. The City Clerk works with City staff to notify the public of the vacancy. Communication regarding the vacancy would include: posting notice of the vacancy on the City’s website and at City facilities, publication of advertisements in the language -specific news papers used for election -related advertisements (languages are English, Spanish, Filipino, Vietnamese, and Chinese), social media posts, press release , notification to those registered for City newsletters , and notification to City board and commission members.
2. The application period begins on a date established by the City Clerk within five calendar days of the vacancy being declared and ends 14 calendar days later. Applicants must submit a qualified application during the application period. The City Coun cil may provide direction to staff on the components required for a qualified application, such as a resume and/or disclosure of economic interests. Following the close of the application period and no later than 72 hours before a City P a g e | 3
Council meeting to c onsider the applications, the City Clerk will make all qualified applications available to the City Council and the public at the same time. City Councilmembers shall independently review all applications. Staff is recommending that the application period open on March 1st and close on March 15th, and that an application form substantially similar to that included in Attachment 3 be utilized in this process.
3. At an open City Council meeting, the City Council will make nominations of applicants for interviews.
Members of the public, including applicants, are afforded the opportunity to speak on the item. The City Council publicly makes nominations for interviews at the meeting. Any applicant receiving two or more nominations will be invited to interview. (If four or fewer qualified applications are received, the nomination process does not occur, and all applicants are invited to interview.)
4. At an open City Council meeting, the City Council will interview applicants, with the public being afforded the opportunity to speak before and after the interview process.
5. Following the interviews and public comment, the City Council publicly deliberates and selects one individual to fill the vacancy. The affirmative vote of at least three City Councilmembers is required for appointment.
Appointee Prohibited From Running for Election Immediately After the End of Appointed Term. The City Charter prohibits an individual appointed by the City Council from seeking nomination and election to the office to which they were appointed until one year from the termination of the appointed term has elapsed. As a result, any person seeking no mination and election to the District 4 City Councilmember seat in 2024 would be ineligible to be appointed.
Timeframe for New Member to be Seated. If the vacancy is filled by appointment, the member is expected to be seated by April 2024.
If City Council is Unable to Make an Appointment within 45 Days. City Charter Section 303(C)(1) states that if the City Council is unable to make an appointment within 45 days of the City Council declaring the vacancy, the City Council’s power to appoint is terminated and the seat will remain vacant for the remainder of the term.
District 4 Boundaries for Purposes of Filling the Vacancy Although redistricting was completed in 2021 and new boundaries have been drawn for the City’s four City Council districts, the new map does not go into effect until the primary election for each district (2022 for Districts 1 and 2 and 2024 for Districts 3 and 4). The boundaries that were in place when the current District 4 term began in 2020 (the City Council district map adopted in 2015) will apply to fill the vacancy for the unexpired term. The City Council District 4 map that applies to fill the current vacancy is provided as Attachment 4.
At this time, staff recommends that City Council adopt the proposed resolution declaring the vacancy of the District 4 Councilmember seat and declaring an intent to use good faith, best efforts to fill the vacancy. Staff additionally requests that the City Council provide direction to staff on the appointment process.
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Councilmember of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The cost of the appointment process is relatively minor, consisting mostly of staff time , basic supplies, and language-specific newspaper publications used for election -related advertisements. Sufficient funds have been budgeted in the current fiscal year for this expense.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Letter of Resignation
2. CVMC 2.53 – City Council Vacancy Appointment Process
3. Appointment Timeline and Sample Documents
4. District 4 Map Applicable to Fill Vacancy
Staff Contact: Tyshar L. Turner, Deputy Director of City Clerk Services Audrey Malone, Deputy Director of City Clerk Services