CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Tamara S. Letourneau, City Manager
Nicholas Ghirelli, Interim City Attorney
DATE: April 18, 2023
SUBJECT: Consideration of Options to Fill City Council Member Vacancy by Appointment or Special Election
RECOMMENDATION
Staff recommends that the City Council provide direction on which one of the following two options it desires to pursue to fill the current vacancy on the City Council:
1. Appoint a person to fill the vacancy on the City Council.
2. Call a special election to fill the vacancy.
BACKGROUND
Rischi Paul Sharma resigned from the City Council on April 6, 2023. He was elected at the November 2020 City Council election, and his term will expire at the first City Council meeting in December 2024, when the results of the November 5, 2024, City Council election are certified.
ANALYSIS
As a General Law City, the City of Laguna Niguel is subject to Government Code Section 36512, which provides the procedures and the timeframe for filling a vacancy on the City Council. Section 36512(b) provides that the City Council has 60 days from the date the vacancy is created in which to either appoint a person to fill the position or call a special election to fill that position.
The 60-day time period for the City Council to take action expires on Monday, June 5, 2023. Action could be taken at either a regular or special meeting. The last regular meeting of the City Council before the 60 days expires is May 16, 2023.
The following are the potential actions that the City Council can take to fill the vacancy on the City Council.
Option #1: Appoint a person to fill the Vacancy
The appointment could be made at any regular or special meeting of the City Council prior to June 5, 2023, with notice being given to the public of the vacancy and the prospective appointment. If a person is appointed to fill the vacancy, they would serve as a City Council Member for the remainder of former Council Member Sharma's unexpired term when the results of the November 5, 2024, City Council elections are certified. The person appointed to fill the vacancy would be permitted to run for a full term on the City Council at the November 2024 general election.
If the City Council decides to appoint a person to fill the City Council vacancy, they must be a minimum of eighteen years of age, a registered voter in Laguna Niguel and have their primary residence located in Laguna Niguel.
Should the City Council decide to appoint a person to fill the City Council vacancy, staff has developed the proposed timeline.
Milestone Date
Post Applications to Fill City Council April 19, 2023
Vacancy
Applications Period for City Council April 19, 2023 - April 28, 2023, at 5 PM Vacancy
City Council Selects Applicants to May 2, 2023, Regular City Council Interview Meeting
Interviews to Fill City Council Vacancy May 10, 2023, Special City Council and Appointment to Fill the Vacancy Meeting
Administration of Oath for New City May 16, 2023, Regular City Council Council Member Meeting
The City Clerk's office would coordinate the application process similar to the City Council Commission and Committee recruitment and appointment process.
Option #2: Call a special election and fill the Vacancy The Government Code requires that if the City Council calls for a special election, the special election be held on the next regularly scheduled established election date not less than 114 days from the call of the special election. If the City Council elects to call a special election, it must do so prior to June 5, 2023.
The next regular established election date would be the first Tuesday after the first Monday in November, November 7, 2023. The vacant City Council member seat will remain vacant until the results of the special election are certified, and the person elected would serve until the end of the term in early December 2024.
FISCAL REVIEW
There is no additional cost for appointing a person to fill the City Council member vacancy.
For a special election to be held on November 7, 2023, the estimated cost from the Orange County Registrar of Voters is approximately $100,000. If a special election is called, staff recommends that the City's General Fund Reserves be used to pay for all of the one-time unanticipated expenses.
LEGAL REVIEW
The City Attorney has reviewed and approved this report as to form.
CONCLUSION
Staff recommends that the City Council provide direction on one of the following actions to fill the current vacancy on the City Council:
1. Appoint a person to fill the vacancy on the City Council.
2. Call a special election to fill the vacancy.
Janara Setaunau Лишь. Siste
Tamara S. Letourneau Nicholas Ghirelli
City Manager Interim City Attorney
Gust 4 Martin Kevin X. Ocomon
Justin J. Martin Kevin X. O'Connor
Deputy City Manager Management Assistant