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Anaheim, CA 92805
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www.anaheim.net
CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICES OF CITY MANAGER AND CITY CLERK
DATE: DECEMBER 20, 2022
FROM: OFFICES OF THE CITY MANAGER AND CITY CLERK
SUBJECT: DISTRICT 4 COUNCIL MEMBER VACANCY
ATTACHMENT (Y/N): YES ITEM # 33
ACTION:
That the City Council, by Motion, determine the appointment process to fill the District 4 City Council vacancy and direct staff accordingly.
DISCUSSION:
Former Council Member Avelino Valencia was elected at the November 8, 2022 General Municipal Election to the California State Assembly seat, District 68 and resigned from his District 4 Council seat effective December 4, 2022. Pursuant to Section 503 of the Charter of the City of Anaheim, a vacancy on the City Council, from whatever cause arising, shall be filled by appointment by the City Council and such appointee shall hold the office until the first Tuesday following the next General Municipal Election, scheduled for November 5, 2024, and until his/her successor qualifies. In the event the City Council fails to fill the vacancy by appointment within sixty (60) days, the City Council shall cause an election to be held to fill the unexpired term. The sixty (60) day period ends on February 2, 2023.
The City Council may determine to make a direct appointment or utilize an application process to fill the vacancy. Neither the Charter nor State law place restrictions on the City Council's appointment process.
Should the City Council choose to utilize an application process, a dedicated webpage on the City’s website can be established to provide interested candidates access to an application (Attachment No. 1, Draft Application). This dedicated webpage would also serve as a site to post filed applications for public review. The following is a tentative schedule, if Council desires to consider applications at the regularly scheduled January 10 or 24 City Council Meetings:
Appointment Consideration (Regular Council Meeting) – January 10, 2023 Candidate Application Period Opens/Website Available: December 21, 2022 Candidate Application Deadline: January 4, 2023, 5:00PM Appointment Consideration (Regular Council Meeting) – January 24, 2023 Candidate Application Period Opens/Website Available: December 21, 2022 Candidate Application Deadline: January 18, 2023, 5:00PM District 4 City Council Vacancy
December 20, 2022
Pursuant to Section 501 of the Charter, candidates shall be a resident and qualified elector of District 4 at the time and for the thirty (30) days immediately preceding his/her appointment to office.
If no appointment occurs within sixty (60) days of the vacancy (February 2, 2023), the seat will be required to be filled by a special election. Pursuant to Government Code §36512(b)(1), 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. The next possible upcoming regular election date is November 7, 2023.
The estimated cost by the Orange County Registrar of Voters for a special election for District 4 is approximately $205,930 - $227,239
IMPACT ON BUDGET:
There is no budgetary impact associated with an appointment process to fill the vacancy.
If an appointment is not made, the estimated cost to hold a special election is approximately $ 205,930 - $227,239.
Respectfully submitted, Concurred by,
Jim Vanderpool Theresa Bass
City Manager City Clerk
Attachment:
1. Proposed Application