CITY OF GROVER BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
Placement: Business
Meeting Date: August 24, 2026
TO: Honorable Mayor and City Council
FROM: Matthew Bronson, City Manager
PREPARED BY: Jennifer Thompson, City Attorney
SUBJECT: Procedure to Fill Vacant District 3 Council Seat
RECOMMENDATION
Provide direction to fill the District 3 Council seat vacated by the resignation of Council Member Kathy McCorry-Driscoll
BACKGROUND
On August 14, 2026, District 3 Council Member Kathy McCorry-Driscoll resigned from the Council given her relocation from the city due to family needs. Her Council seat subsequently became vacant and the Council will need to consider options for filling that seat. Those requirements are defined within Government Code Section 36512 and this staff report is intended to outline these options for the Council's consideration.
Government Code Section 36512(b) establishes that when a vacancy occurs in an elective office, the Council must within 60 days from the commencement of the vacancy either call a special election or fill the vacancy by appointment. If the Council opts to hold a special election, it must be scheduled for the next regularly established election date that is no less than 114 days from when the special election is called. Following the November 2026 election for which the ballot is already established, the next regularly established election date would be in March 2028 which would result in an extended vacancy on the Council. The Council could choose to call for a special election though this would incur significant costs to the City, estimated at approximately $330,000.
The individual elected would then hold office for the unexpired period of Council Member McCorry-Driscoll’s term through December 2028.
If the Council chooses to fill the vacancy by appointment, pursuant to Section 36512(b)(2)(B), the appointed individual will hold office for the unexpired term of Council Member McCorry-Driscoll’s seat. The Council has historically used an appointment process for filling vacancies dating back to 2007 and most recently with the appointments of Council Member Weirick in January 2023, Council Member Zimmerman in April 2023, and Council Member Tuggle in January 2025. While there are no statutory requirements dictating a specific appointment process as this remains a policy decision of the Council, previous appointments have been conducted through various methods, including Council Member nominations, public applications with open session interviews, and selection from previous applicant pools. Most recently, the Council has predominantly chosen to fill vacancies by accepting applications and conducting interviews during open session meetings.
Staff Report: Procedure to Fill Vacant District 3 Council Seat Page 2 August 24, 2026
Typically, when filling Council vacancies through appointment, the City will implement an application process. The City Clerk's Office will generally accept applications for a designated period from interested residents who can demonstrate their eligibility, which includes being at least 18 years of age, residing within the city limits (District 3 for this seat), and being a registered voter in the city. Once the application period closes, the City Clerk's Office reviews all submissions for completeness and eligibility requirements. Qualified applicants are then invited to participate in public interviews conducted during a special or regular City Council meeting, as required by the Brown Act. During the interviews, each candidate is typically allotted a specified time, usually 5-10 minutes, to present their qualifications and respond to a set of questions from the Council.
Following the interviews, Council Members engage in public deliberation and select an appointee through a majority vote. The selected individual is then sworn in at either the same meeting or the next regular Council meeting depending on the Council's direction.
Following the August 14, 2026 commencement of the vacancy resulting from Council Member McCorry-Driscoll's resignation, the Council must take action by October 13, 2026, either making an appointment or calling for a special election in accordance with Government Code Section 36512(b). If the Council chooses to fill the vacancy by appointment through an application process, staff recommends accepting applications through October 2, 2026 with the Council conducting interviews and making an appointment at the October 13, 2026, meeting.
FISCAL IMPACT
Should the Council choose to hold a special election to fill the vacant Council seat, it is estimated the process will cost the City’s General Fund approximately $330,000. As this would not be a budgeted expense, the funding would have to come from General Fund reserves. There is no fiscal impact associated with filling the vacant seat by appointment.
ALTERNATIVES
The Council has the following alternatives to consider:
1. Provide direction to fill the District 3 Council seat vacated by the resignation of Council Member Kathy McCorry-Driscoll; or
2. Provide alternative direction to staff.
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Multi-Year Goals
☐ Public Safety and Community Services ☐ Economic Development and Housing ☐ Community Infrastructure ☐ Financial and Organization Sustainability Council Priorities
☐ Water & Wastewater Infrastructure ☐ Community Engagement ☐ Street Improvements and Maintenance