AG EN DA REPORT City of Poway
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
summary:
June 6, 2023
Honorab le Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
[email protected]
Alan Fenstermacher, City Attorney
[email protected]
Discussion and Possible Action to Fill City Council vacancy
CITY COUNC IL
Effective June 2, 2023, District 2 Councilmember Barry Leonard resigned (Attachment A) from his position on the City Council. As a result, the City Council must discuss and provide direction regarding filling the vacancy. The term of office for this City Council seat concludes following the November 2024 General Municipal Election. The Council has two options available for filling the vacancy: calling a special election or appointment.
Recomm ended Actio n:
It is recommended the City Council consider the alternatives available for filling the City Council vacancy and provide direction to staff.
Discussi on:
As of June 2, 2023, a vacancy on the City Council exists. Governme nt Code section 36512(b) obligates the City Council to take action with in 60 days of the commencement of the vacancy and sets forth the options which the Council may choose to fill the vacancy. Accordingly, the Council has unti l August 1, 2023, to either (1) call a special election to fill the seat for the remainder of the term, which wou ld be set for November 7, 2023 or March 5, 2024, depending on timing of the City Council's action, or (2) appoint a replacement for the remainder of Council member Leonard's term.
Options to Fill the vacancy:
Option 1 - Special Election: City Council may, on or before August 1, 2023, call a special election to fill the office for a term to expire following the November 2024 General Municipal election. The special election must be held on the next regular ly established election date not less than 114 days from the call of the special election. (Gov. Code§ 36512(b)(1 )) As a result, any special election called by the City Council after July 14, 2023 wou ld fall on March 5, 2024. (Elec. Code § 1000.) Under this option, the vacated seat would remain vacant for at least 4 months, but likely as long as 9 months, meaning the seat would be vacant longer than it would filled prior to the November 2024 election. While the City is still waiting for a more precise estimate from the County Registrar of Voters, the Registrar provided a "rough" estimate between $175,000 - $300,000.
1 of 10 June 6, 2023, Item #15
Option 2 -Appointment: City Council may, on or before August 1, 2023, make an appo intm ent to fill the vacancy. Because the vacancy occurred within the second half of Mr. Leonard's term, the appointment would be for the remainder of the term. (Gov. Code§ 36512(b)(2)(B).) An appointment may be made at the June 6, 2023 City Council meeting or at any regular or special meeting held before or on August 1, 2023. The appointee must be a resident of Poway's District 2 (Attachment B Map), and a registered voter therein. The appointment must be made by a majority vote.
Appointment Options:
• Imm ediate Appointment: If the Council appoints an individual to fill the vacant seat immediately, the oath of office can be admini stered by the City Clerk and the newly appointed Council Memb er could be seated immediat ely.
• Make an Appointment by August 1, 2023. If the Council decides to have interested parties apply for the vacant seat, with the appointment to take place at a subsequent meeting, app lications would be made available in the City Clerk's office and on the City's website for that purpose. If the Council pursues this alternative, it may also wish to take the following actions at this meeting:
1. Announce the vacancy and solicit applications;
2. Set a filing deadline for the submittal of applications; and
3. Conduct a publ ic meeti ng to hold interviews and make a selection.
If the appli cation and interview pro cess is selected, the City Council should decide on procedures for conducting the applicat ion and interview proces s. Keeping in mind the August 1, 2023 deadline, staff has prepared a draft Notice of Intention to Fill the Vacancy by Appointment (Atta chment C) and a draft Council app lication form (Atta chment D) for Council consideration. Staff has also prepared a potent ial timeline for an interview process. K ey dates are as follow s:
June 6, 2023:
June 7, 2023:
June 7, 2023:
June 30, 2023:
July 18, 2023:
August 1, 2023:
July 18 or August 1, 2023:
Environmental Review:
City Council considers calling special election or whether to appo int a member to the City Council
Issue Notice of Inte ntion to Fill Vacancy by Appointment and post application
Application Period Opens
Applicat ion Period Closes at 5:00 p.m.
Applicant Presentation and Interview; Potent ial Selection of City Council Appointee;
IF NECESSARY/DESIRED, second round of App licant Presentation and Interview; Selection of City Counci l Appointee
Swearing in of new Counci l Member at end of appointment agenda Item .
This informational rep ort and potential action regarding filling a vacancy is not a "project" subject to California Environmen tal Quality Act (CEQA).
2 of 10 June 6, 2023, Item #15
Fiscal Impact:
The City has received a " rough" estimate of $175,000 - $300,000 for a special election from the Registrar of Voters. The Registrar noted multiple qualifiers that could impact cost. There is no fiscal impact for filling the vacancy by appoin tment to serve the remainder of Councilmember Leonard's term.
Public Notifica t ion:
None.
Attachments :
A. Resignation Letter fro m Council member Leonard
B. District Map
C. Draft Notice of Intention to Fill Vacancy by Appointmen t D. Draft Council Application
Reviewed/Ap proved By:
Assistant City Manager
3 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Chr~
City Manager
June 6, 2023, Item #15
From:
To:
Bee:
Subject:
Date:
Chris
Barry Leonard
Chas Hazeltrne
eacrv Leonard
My resignation from the Qty Council
Tuesday, May 9, 2023 'l:09:14 PM
Pleas accept th is letter as my offi cial resignation notice. I have thoroughly enjoyed being a small part of a great organization. My last day with the ity of Poway will be riday June 2, 2023. I wish you well.
With regrets,
Barry
Barry Leonard
Council member
4 of 10 June 6, 2023, Item #15 Attachment A
City of Poway
District Map
Ordinance No. 852
Adopted Feb. 15, 2022
Espola
s of 10
2020 Elections
District 2
District 4
2022 Elections
Mayor - At Large
District 1
District 3
---
Po ayRd
Map layers
Water Area
Streets
Landmark Area
River
June 6, 2023, Item #15 Attachment B
VACANCY
NOTICE OF INTENTION TO FILL A VACANCY
FOR MEMBER OF THE CITY COUNCIL
BY APPOINTMENT
Notice is hereby given that the City of Poway is accepting applications for appointment to the City Council to fill the vacancy created by the resignation of Councilmember Leonard, effective June 2, 2023.
The term of this Council seat is from the date of appointment to the certification of the next general municipal election of November 5, 2024.
Candidates must be 18 years of age, reside within the limits of District 2 in the City of Poway, and be registered to vote in District 2 in the City of Poway at the time their application is submitted. The district map is available on the City's website at
https://poway.maps.arcgis.com/apps/webappviewer/index.html?id=d424f39dd4384452ae82385754ac0 d11
The City Council may interview candidates separately and each applicant may have the opportunity to present their qualifications and discuss their candidacy with the City Council.
Applications must be received by 5:00 p.m., Friday, June 30, 2023. Applicants may be invited for an oral interview before the City Council.
At a regular meeting of the City Council to be held July 18, 2023, at 7:00 p.m., each approved applicant may be asked to make an oral presentation to the City Council. The applicant may then be asked to respond to questions the City Council may have regarding their presentation or application.
Council may choose to interview all applicants, or a limited number of applicants.
The City Council may make a decision at this meeting or may direct staff to place the matter on a future agenda for action.
Application Period:
Applications are available from:
Wednesday, June 7, 2023 through
Friday, June 30, 2023
City Clerk's Office at City Hall
13325 Civic Center Drive, Poway, CA 92064
and on the City website: www.Poway.org
Signed Original Applications must be returned to:
City Clerk's Office at City Hall
13325 Civic Center Drive, Poway, CA 92064
Application Deadline: 5:00 p.m., Thursday, June 30, 2023 Applications must be received in the City Clerk's Office by the above deadline. Postmarks will not be accepted to meet the deadline. Applications must be a signed original. Electronic versions will not be accepted.
POSTING DATE: June 7, 2023
6 of 10 June 6, 2023, Item #15 Attachment C
State of California
County of San Diego
ss.
I, Carrie Gallagher , CMC, City Clerk of the City of Poway, hereby declare under penalty of perjury this Notice was posted on the City's website and on the Bulletin Board in front of City Hall on June 7, 2023.
Carrie Gallagher, CMC, City Clerk
7 of 10 June 6, 2023, Item #15
Name:
Application for Appointment to Fill District2Vacancy
POWAY CITY COUNCIL
DEADLINE DATE: FRIDAY, JUNE 30, 2023 AT 5:00 PM
Candidates must be 18 years of age, reside within the limits of Distri ct 2 in the City of Po way, and be registered to vote in District 2. The interactive district map is avai lable on the C ity's website at:
https://poway.maps.arcqis.com/apps/webappviewer/index.html?id=d424f39dd4384452ae823 85754ac0d11 For City Clerk', Use Only;
Ovos
Roa1stcred \iotcr In District 2
□ No
Home Address: ---------------------------------------
Street
Applicant must reside within District 2 (see above)
Number of Years a District 2 Resident:
Home Phone:
Arca Code Number
Work:
Area Code Number
City
Cell:
Zip Code
Area Code Number
Please feel free to attach any additional information which may be of use to the City Council for determination of appointment.
Employment Information
Organization:
Address:
Dates: _______________ _
Resoonsibilities:
Organization:
Address:
Dates: _______________ _
Resoonslbilities:
Organization:
Address:
Dates: _______________ _
Responsibilities:
8 of 10 June 6, 2023, Item #15 Attachment D
Education/ Training/ Certification :
Please explain why you want to be appointed to City Council; a separate sheet may be attached.
Additiona l Information: Please provide any addit ional info rmation you wish covering your qualifications, intere sts, community/ professional organizations or training related to thi s appointment . 9 of 10 June 6, 2023, Item #15
I HAVE SUFFICIENT TIME TO DEVOTE TO THIS RESPONSIBILITY ANO WILL ATTEND THE REQUIRED MEETING(S) IF I AM APPOINTED. I AM ALSO AWARE THAT THIS APPLICATION IS A PUBLIC DOCUMENT. IF APPOINTED, I WILL FILE THE NECESSARY DISCLOSURE DOCUMENTS AS REQUIRED UNDER THE POLITICAL REFORM ACT. APPLICATIONS MUST BE A SIGNED ORIGINAL. ELECTRONIC VERSIONS WILL NOT BE ACCEPTED.
SIGNATURE:
10 of 10
DATE:
Please return by 5:00 PM, Friday, June 30, 2023
City Clerk's Office, City Hall, 13325 Civic Center Drive, Poway, CA92064 (858) 668-4530
June 6, 2023, Item #15