CITY OF WILDOMAR CITY COUNCIL AGENDA
FEBRUARY 16, 2022
6:00 P.M. – SPECIAL SESSION
Pursuant to Assembly Bill 361, this meeting of the Wildomar City Council will be held through a hybrid format of in-person attendance at the Wildomar City Council Chambers located at
23873 Clinton Keith Road Ste 106
Wildomar, CA 92595
and/or virtual attendance via videoconferencing:
Join Zoom Meeting: https://us02web.zoom.us/j/84801699357 OR
Dial in: 1 (669) 900 6833 | Webinar ID: 848 0169 9357
Given health and safety concerns, in person seating availability may be limited, and the meeting format may be changed to full remote via videoconferencing.
Please refer to the City’s website for information regarding the format of the meeting, updates if the meeting is changed to a full remote via videoconferencing format, and details on how to participate: www.cityofwildomar.org Ben J. Benoit, Mayor, District 1
Joseph Morabito, Mayor Pro Tem, District 3
Bridgette Moore, Council Member, District 4
Dustin Nigg, Council Member, District 2
Marsha Swanson, Council Member, District 5
Daniel York
City Manager
Thomas D. Jex
City Attorney
The City of Wildomar encourages your
participation in the meeting; however, to
minimize the spread of the COVID -19
virus, this meeting is being conducted in
person and via video and
teleconferencing with the following
options available for the public to
participate:
1. Y
ou may view the Regular Session
meeting live on the City of Wildomar’s
website at http://www.cityofwildomar.org
or
on cable TV through Frontier Channel 36 or
AT&T channel 99. To view from the website,
select the live stream link on the top of the
front page.
2. You may participate via the ZOOM
Webinar Telephone and Videoconferencing.
3. Y
ou may participate in person; however,
masks are recommended for all individuals ,
and s
eating may be limited as the City is still
participating in the 6- foot social distancing
seating procedure.
Instructions for Electronic Participation
P
lease Note: During the meeting all
participants videos will be turned off
during the entire meeting and you will be
placed on Mute by the host. You will not
be able to mute or unmute your lines
manually. The host will unmute your line
when you are called to speak.
1. Lo
g in or call into ZOOM via
desktop/laptop, smartphone or telephone.
You must download the ZOOM app to access
the link from an Apple smartphone or IPAD.
2. D
uring Public Comment not on the agenda
and after each Agenda Item, the Mayor will
announce Public Comment. If you would like
to speak, please raise your hand virtually to
be placed in the queue.
3. W
hen your name or the last 3 digits of your
phone number are called, the host will
unmute you. Public Comments will be limited
to 3 minutes or such other time as the Council
may provide.
D
irections to virtually raise hand on a
DESKTOP/LAPTOP:
• A
t the bottom of the list, please click on the
grey “Raise Hand” button.
D
irections to virtually raise hand on a
SMARTPHONE:
• Look
for the “Raise Hand” button on the
screen and click the button.
D
irections to virtually raise hand on a
TELEPHONE line only:
• D
ial *9 on your keypad to signal that you
would like to comment. When the Host
unmutes you, Dial *6 to unmute.
Instructions for In Person Participation
D
uring Public Comment not on the agenda
and after each Agenda Item, the Chair will
announce Public Comment. If you would like
to speak on that item, please fill out a speaker
slip and submit it in the inbox at the front of
the room.
W
hen the City Clerk announces your name,
please come up to the podium. Public
Comments are limited to 3 minutes or such
other time as the Council may provide.
I
n compliance with the Americans with
Disabilities Act, if you need special
assistance to participate in this meeting, you
should contact the City Clerk’s Office at 951-
677-7751 x210.
T
he City of Wildomar thanks you in advance
for taking all precautions to prevent
spreading the COVID 19 virus.
NOTICE: City Council meetings may be
live-streamed, photographed and/or
videotaped. Participation at the meeting
constitutes consent by members of the
public to the City’s and any third party’s
use in any media, without compensation
or further notice, of audio, video, and/or
pictures of meeting attendees.
City of Wildomar
City Council Agenda
February 16, 2022
3 CALL TO ORDER – SPECIAL SESSION - 6:00 P.M.
ROLL CALL
FLAG SALUTE
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or , if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.
1.0 CONSENT CALENDAR
There are no Items scheduled.
2.0 PUBLIC HEARINGS
There are no Items scheduled.
3.0 GENERAL BUSINESS
3.1 Consideration of whether to fill the vacancy resulting from the resignation of City Council member Marsha Swanson by appointment or election
RECOMMENDATION: Staff Council consider, discuss and provide direction to staff regarding filling the vacancy resulting from the resignation of City Council member Marsha Swanson by appointment or election.
If the City Council selec ts to fill the vacancy by appointment, staff recommends that the City Council discuss and provide direction on the appointment process which may include, but is not limited to, formation of an ad-hoc sub-committee to review and interview applicants.
ADJOURN THE CITY COUNCIL MEETING
City of Wildomar
City Council Agenda
February 16, 2022
4 REPORTS: All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address:
http://www.cityofwildomar.org/government/agendas___minutes. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
I
f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
A
ny person that requires a disability -related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.
I
, Janet Morales, Wildomar City Clerk, do certify that at least 24 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street ; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org.
___
__________________________
J
anet Morales, CMC
City Clerk
Dated: February 14, 2022
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #3.1
GENERAL BUSINESS
Meeting Date: February 16, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Dan York, City Manager
Thomas D. Jex, City Attorney
SUBJECT: Consideration of whether to fill the vacancy resulting from the resignation of City Council member Marsha Swanson by appointment or election
STAFF REPORT
RECOMMENDATION:
Staff recommends that the C ity Council consider, discuss and provide direction to staff regarding filling the vacancy resulting from the resignation of City Council member Marsha Swanson by appointment or election.
If the City Council selects to fill the vacancy by appointment, staff recommends that the City Council discuss and provide direction on the appointment process which may include, but is not limited to, formation of an ad-hoc sub-committee to review and interview applicants.
BACKGROUND:
On February 10, 2022, Councilwoman Marsha Swanson submitted a letter of resignation from the City Council. Government Code Section 36512 states that within 60 days of the commencement of the vacancy, the City Council must fill the vacancy by appointment or call for a special election. The vacated position is for District 5 which is already scheduled for an election in the November 8, 2022, general election.
DISCUSSION:
Option 1 - Appointment
Government Code Section 36512(b) requires that if a vacancy is filled by appointment, the actual appointment be made within 60 days from the commencement of the vacancy.
The law does not dictate the specific process by which the appointment must be made, but best practices for such a process generally include, advertising and outreach to obtain a can didate pool ( website publication, physical postings, and social media); an application; a presentation and interview with the candidates at a special or regular council meeting; and selection of the new council member.
If the Council is interested in filling the vacancy by appointment, the Council should provide direction to staff to begin the advertising, outreach and application process, and inform staff regarding the Council’s desired process and timing.
Option 2 - Election
Government Code Section 36512(b) states that a special election to fill a vacancy shall be held on the next regularly established election date not less than 114 days from the call of the special election. 114-days from the date of this council meeting (February 16, 2022) is June 10, 2022. Therefore, in order to fill the vacancy by election prior to the November 2022 election, there must be an established election date on or after June 10, 2022.
Established election dates set forth in Election Code Section 1000 for 2022 are in April, June and November. The election date in April is less than 114 days from the date of this Council meeting. The established election date for June is June 7, 2022 which is 111 days from the date of this Council meeting. Because the June 7, 2022 election date is less than 114 days away, the Council does not have the option to call an election on that date.
As such, the next available date for an election not less than 114 days from now is November 8, 2022 and a general election is already set for that date at which time the District 5 seat will be up for election.
A Resigning Council Member May Participate in the Appointment
State law allows a resigning council member to participate in the appointment of a successor. Pursuant to Government code section 36512, if a city council decides to fill a vacancy by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor.
FISCAL IMPACT:
There is no fiscal impact associated with filling the vacancy by appointment through the November 8, 2022, election. The cost to fill the vacancy by appointment would be minimal (under $500). If it were possible to call a special election within the required deadlines, then there would be costs associated with conducting the special election. The County would conduct the election and invoice the City for the costs. Special election costs generally range between $ 10,000-50,000 depending on the cost share with other agencies.
ATTACHMENTS:
1. Letter of Resignation
Wildomar, CA 92595
February 10, 2022
Daniel York, City Manager
City of Wildomar
23873 Clinton Keith Road
Wildomar, Ca 92595
Dear Dan,
It is with regret that I am resigning my seat on the City Council. Should the City Council decide to fill my seat by appointment, my resignation will take effect upon the appointment of a successor by the City Council. I intend to vote on the appointment of a successor to my seat as permitted by Government Code section 36512(e)(1). If the City Council decides to hold a special election rather than appoint a successor, then my resignation will be effective April 1, 2022
I am grateful for having the opportunity to serve on the City Council for the City of Wildomar for the past 14 years, and I offer my best wishes for the City’s continued success.
Sincerely,
Marsha Swanson, Council Member/District 5