COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Donna G. Schwartz, Chief Deputy City Clerk
DATE: April 7, 2026
SUBJECT: Discussion Filling City Council District 1 Vacancy Created by the Resignation of Former Councilmember Carlos Escobedo on March 3, 2026
Description:
The City Council will discuss filling City Council District 1 vacancy.
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.
RECOMMENDATION:
Discuss options to fill City Council District 1 vacancy:
1. City Council may discuss and appoint at the April 7th meeting, if appointment is made, to adopt a Resolution approving appointment through the November 2026 Election and thereafter until the person elected has been seated to complete the unexpired term; or
2. Provide direction to staff to initiate interviews or other steps as determined by the City Council for consideration at a future special meeting to consider appointing a qualified individual to fill the vacancy through the November 2026 Election and thereafter until the person elected has been seated to complete the unexpired term; or
3. Direct staff to return on a scheduled special meeting by May 2, 2026, with a resolution calling a special election to be consolidated with the General Municipal Election on November 3, 2026; or
4. Provide alternative direction to staff.
BACKGROUND:
1. Carlos Escobedo was originally elected to City Council District 1 in November 2024.
2. Carlos Escobedo, who represented District 1, announced his resignation during the March 3, 2026, City Council meeting and made it effective immediately.
3. Mr. Escobedo’s term of office was originally set to expire in November 2028.
The City Clerk’s Office noticed the vacancy through a “Press Release” on March 6, 2026, and on March 9, 2026, a “Notice of Vacancy” posted on the city’s website calling for applications with a filing period of March 9 through March 26, 2026, by 5:00 p.m. 2 A total of eight applications were received: five were located within the District 1 boundary, one was within District 1 but later withdrawn, one was outside the District 1 boundary, and one was outside the City’s jurisdiction.
Eligible applicants in order they were received:
1. Maria Salguero
2. Richardo Batalla
3. Diana Perez
4. Osvaldo Sotelo
5. Gary Michaels
DISCUSSION:
Neither the City’s Charter nor the City of Santa Maria M unicipal Code prescribe procedures to fill a City Council vacancy. Therefore, the process is governed by California statute. Government Code §36512(b) states the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election at the next general election to fill the vacancy. Carols Escobedo’s seat became vacant on March 3, 2026, when he announced his resignation to be effective immediately.
Sixty days from March 3rd is May 2, 2026.
Appointment
As the current vacancy is occurring in the first half of the council term of office and at least 130 days prior to the next general election, the person appointed to fill the vacancy shall hold office until the next general municipal election, an d thereafter until the person who is elected to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
To be eligible to serve as a councilmember, the person must be a n “elector” of the City and a registered voter of the City at the time of appointment (Government Code §36502).
An “elector” is defined as a person who is a United States citizen 18 years of age or older and, with limited exception, a resident of the City (Elections Code §321). The person appointed must also reside in the geographical area of the applicable district (Government Code §34882). In this instance, that is District 1.
There are no statutorily prescribed methods for the selection of the person to be appointed to the City Council. The Council may choose to have the City Clerk make an application available to the public, which shall be received no later than a set date in advance of the City Council meeting at which an appointment may be made. The a pplications received can be distributed to the City Council for review. The council members may review the applications and contact the applicants to discuss the applicant’s qualifications. Any interviews or interactions conducted by more than two council members must be held in open session in compliance with the Brown Act.
3 Special election at next general election
If the Council calls for a special election at the next general election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. This would be in November. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
Fiscal Considerations
The estimated cost to consolidate a Special Election for the Santa Maria City Council District 1 contest with the November General Election is $14,500.
Copies of applications can be requested through the City Clerk’s Office at [email protected].
ATTACHMENT(S)
A. Resolution