The City of Chula Vista is holding a special election for the city attorney position on Nov. 7. Three candidates have qualified for the election, former City of Chula Vista Attorney Bart Miesfeld, small-business owner and Federal Public Defender Dan Smith Diaz, and Deputy City Attorney for the cities of Coronado and Solana Beach Marco Verdugo.
The current city attorney position is currently being staffed by an interim acting city attorney with the law firm of Lounsbery Ferguson Altona & Peak LLP.
At the Sept. 20 City Council meeting, City Clerk Kerry Bigalow reported the potential need for a special runoff election and options for the date and format for the election, and possible direction from the City Council. A special runoff election will be required if none of the three qualifying candidates receives a majority of the votes cast (50% + 1). The special election is being held by mail ballots and in-person voting.
In February, City Council unanimously voted to enter into a contract with Lounsbery Firm with attorney Jill Maland designated as acting city attorney. Maland recused herself from the dais since she is an employee of the Lounsbery Firm, and it could potentially affect the contract with the city. Assistant City Attorney Megan McClurg joined the dais for the discussion.
Bigalow said if no one wins the majority of the vote in November, the City Charter requires a special runoff election for the top two. She said City Council has options for the date and format for that election.
“The Registrar of Voters is required to certify the elections of the results no later than 30 days after the election,” she said. “But it could be done sooner since it is a special election. That time frame is mid-November to early December. Until that time until the special election is certified, the need for a special runoff election will not be known. However, some of the potential runoff dates would require the City Council to take action before the special election results are certified. I am asking for City Council’s direction for the date and format of the election and an item would come back to you at a future date based on your input this evening.”
Mayor John McCann said the November special election originally was supposed to cost around $2 million, but with the runoff for the San Diego County Supervisor’s race, it decreased to about $1.4 million, which he said was still substantial.
“We want to make sure that we are doing something that is as cost effective as possible, but my support is that if we do have a special runoff, I think that should be at a time that is efficient as possible, which I think would be the March 5 (2024) election because that is the normal primary for the state of California. In addition, that would decrease the cost from $2 million or $1.4 million to approximately $225,000. It would be quicker. It would be more efficient, and it would save the city over a million dollars.”
McCann made a motion for the March 5 date if needed, with Council member Jose Preciado seconding.
Preciado said the city attorney told him if the election was not necessary in March, that there is a way to cancel that special election.
“I do want to make clear that this special election is coming up on Nov. 7. You will be able to vote by mail and you will be able to vote in person. We set it up this way because we wanted to increase that in a special election, we expect a lower turnout and we wanted to increase the likelihood that voters would be convenience by the options to vote for the public’s benefit,” he said.
With Council’s consensus, Bigalow said a vote was not necessary and that she would set up a time to come back to council for a special election in March 2024.
