DATE: APRIL 23, 2024
DEPARTMENT: ADMINISTRATION
CITY ATTORNEY’S OFFICE
FROM: JIM PIA, INTERIM CITY MANAGER
PATRICIA M. BARAJAS, CITY CLERK
CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: CITY COUNCIL DISTRICT 3 VACANCY
RECOMMENDED MOTION:
Provide direction to the City Manager, City Clerk, and City Attorney with respect to filling the vacant Salinas City Council District 3 seat.
EXECUTIVE SUMMARY:
In a letter dated April 9, 2024, Salinas City Councilmember Steve McShane informed the Mayor that he is resigning from the City Council effective May 10, 2024. A copy of the letter is attached to this report for reference. Councilmember McShane also filed his resignation letter with the City Clerk. The resignation will take effect without the need for further action.
With the resignation, the City Council seat for District 3 will become vacant on May 10, 2024, thereby requiring the City Council to fill the vacancy consistent with Salinas Charter section 2.7.
DISCUSSION:
Salinas Charter section 2.7(a) provides for vacancies in the office of a Councilmember and provides the process for filling any such vacancy:
Section 2.7. Vacancies in Mayor or Councilmember Office.
Vacancies in the Council from the district vacated shall be filled by majority choice of the remaining Councilmembers. The appointee shall hold office for the remainder of the unexpired Council term, or until the next regular municipal election, when a Councilmember shall be elected from the vacant district to serve during the remainder of such term. If the Council fails to fill the vacancy within sixty (60) days, it shall immediately cause an election to be held to fill the vacancy.
A copy of Salinas Charter section 2.7 is attached to this report for reference.
Under Charter section 2.7(a), the City Council has options on filling the vacancy and is asked to provide direction on which option the City Council chooses to pursue.
Options Available to the City Council—Appointment.
The City Council may appoint a resident of District 3 to fill the vacancy as follows:
The appointment may be for the remainder of the unexpired Council term (i.e., through November 3, 2026); or The appointment may be from the date of the appointment and administration of oath of office until a successor is elected by the voters of District 3 in the November 5, 2024, General Election.
With either option, the appointment shall be made within sixty days from the date of the vacancy, i.e., by July 9, 2024.
If the City Council chooses to fill the vacant seat by appointment, the City Council would receive applications from interested residents and interview such applicants at a public hearing. Pursuant to Salinas Charter section 2.2, to be eligible for appointment an individual must be a qualified elector and has been a resident of District 3 for at least twenty-eight days preceding the appointment to fill the vacancy. A copy of Salinas Charter section 2.2 is attached to this report for reference. Following such public hearing, the City Council could appoint one of such applicants by a majority vote. There would be no direct cost to the City to fill the vacancy by appointment for the remainder of the unexpired Council term. There would be an added election cost if said appointment is only through the November 2024 election. However, the City already incurs cost for the consolidation of the November 2024 for District 1, 4, 6 and Mayoral seats.
The City Clerk’s Office has prepared a draft application which is attached to report if the City Council chooses to fill the vacancy by appointment. To minimize the amount of time the District 3 Council seat would remain vacant, the Interim City Manager, City Clerk, and City Attorney propose the following timeline for the City Council’s consideration:
Applications Released to the Public: April 24, 2024 Deadline for Submission of Applications to the City Clerk: May 10, 2024 City Council Public Hearing, Interviews and Appointment: May 21, 2024 Appointees First Meeting, following Oath of Office: June 11, 2024 Options Available to the City Council—Election.
If the City Council chooses not to fill the vacancy by appointment, the City Council must cause an election to be held to fill the vacancy. The District 3 Council seat would remain vacant until the election proceedings are completed; District 3 would be unrepresented on the City Council until the election proceedings are completed and a successor is sworn into office. The City Council has options with regard to the election:
Consolidate the election to fill the vacant seat with the November 2024 General Election; or Call a Special Election to be held not earlier than September 1.
If the City Council chooses to cause an election to fill the vacancy, whether by special election or consolidated election, the City Council will be asked at a subsequent City Council meeting to consider a Resolution ordering such election and requesting the Monterey County Registrar of Voters conduct said election.
The City will be responsible for the costs associated with either a special election or consolidating the election to fill the vacant seat with the November 2024 general election. A stand-alone special election is estimated to cost between $16.00 to $24.00 per registered voter in District 3 for an estimated total cost between $232,688 to $349,032. A consolidated election is estimated to cost between $7.00 to $10.00 per registered voter in District 3 for an estimated total cost between $101,801 to $145,430.
CEQA CONSIDERATION:
Not a Project. The City of Salinas has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
STRATEGIC PLAN INITIATIVE:
The City Council’s fulfillment of its obligation under Salinas Charter section 2.7 supports the City Council’s Goal of Effective and Culturally Responsive Government. (City of Salinas Strategic Plan 2022-2025) DEPARTMENTAL COORDINATION:
The Interim City Manager, City Clerk, and City Attorney coordinated on this Report.
FISCAL AND SUSTAINABILITY IMPACT:
There would be no direct cost to the City to fill the vacancy by appointment for the remainder of the unexpired Council term. The City will be responsible for the costs associated with either a special election or consolidating the election to fill the vacant seat consolidating with the November 2024 General Election. A stand-alone special election is estimated to cost between $16.00 to $24.00 per registered voter in District 3 for an estimated total cost between $232,688 to $349,032. A consolidated election is estimated to cost between $7.00 to $10.00 per registered voter in District 3 for an estimated total cost between $101,801 to $145,430. Funding for the General Elections costs is budgeted in 1000.80.8002.
ATTACHMENTS:
April 9, 2024, Resignation Letter from Council member McShane Salinas Charter Section 2.7
Salinas Charter Section 2.2
Application for Appointment to City Council Vacancy
Residency Affidavit
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