- Elizabeth Larson
- Posted On
Clearlake City Council members to consider how to fill third seat in fall election
The council will meet virtually at 3:30 p.m. Wednesday, Aug. 19.
Because of the county’s shelter in place order, Clearlake City Hall remains closed to the public, however, the virtual meeting will be broadcast live on the city of Clearlake’s YouTube Channel or on the Lake County PEG TV livestream on YouTube.
The agenda can be found here.
Comments and questions can be submitted in writing for City Council consideration by sending them to Administrative Services Director/City Clerk Melissa Swanson at This email address is being protected from spambots. You need JavaScript enabled to view it.. You can also visit the city’s new town hall site and submit written comments at https://www.opentownhall.com/portals/327/forum_home. Identify the subject you wish to comment on in your email’s subject line or in your town hall submission.
To give the council adequate time to review your questions and comments, please submit your written comments prior to 3 p.m. Wednesday, Aug. 19.
The sole agenda item Wednesday is a discussion with the goal of giving staff direction about what course to take regarding the appointment of city council members this fall.
The seats currently held by Phil Harris, Russ Perdock and Joyce Overton are up for election on Nov. 3.
Harris is not seeking reelection and so didn’t file by the initial Aug. 7 deadline, resulting in it being extended to Aug. 12.
The city reported that Overton and David Claffey, who is on the city’s marketing committee, qualified to run, but that Perdock – who also filed – failed to get the minimum 20 valid signatures, as Lake County News has reported.
City Manager Alan Flora’s report to the council explains that, because there are more available offices than candidates, state elections code gives the city the option to appoint these candidates in lieu of holding an election or to appoint a qualified individual to the third council seat in lieu of holding an election.
“However, Government Code 36512(d) prohibits an appointment that would result in a majority of councilmembers serving by way of appointment. For this reason, the city cannot fill the three available council seats via appointment. It must hold an election on at least one seat, and it can make appointments on the remaining seats,” he said.
Flora said appointments must be made before the 75th day before the election, which is Aug. 20. If appointed, appointees take office and serve exactly as if they were elected by the voters.
“The purpose of Elections Code § 10229 is to give the City the option of avoiding the cost of an election when there are less candidates than available offices, but due to the prohibition on appointing a majority of councilmembers, the City can’t completely avoid incurring the cost of an Election,” Flora wrote.
He said the council’s three options are to hold the election for all of the seats, making the third seat available for qualified write-in candidates; appoint the two qualified candidates to office, while holding a special election in November for the third seat; or appoint a qualified elector to the unnominated seat and allow an election to be held on the two qualified candidates’ seats.
The agenda packet includes three separate resolutions depending on what action the council may wish to take.
Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.