ITEM 5.2
CITY MANAGER'S REPORT
DECEMBER 9, 2024 CITY COUNCIL REGULAR MEETING
ITEM: UNSCHEDULED CITY COUNCIL VACANCY WITH
TERM ENDING DECEMBER 2026
RECOMMENDATION: Adopt Resolution to Fill the City Council Vacancy by One of the Following Options:
1. Fill the Vacancy by Special Election to be Held
Not Less Than 114 Days from the Call of the
Special Election; or
2. Fill the Vacancy by Appointment Until the Next
Regularly Scheduled General Municipal Election
to be Held November 3, 2026
SUMMARY:
The 2024 General Municipal Election was held on Tuesday, November 5, 2024, for the Mayor's seat (two year term) and two (2) City Council seats (four year terms).
The terms ending were those of Mayor Dhaliwal, and Councilmembers Diallo and Torres-O'Callaghan.
During a Special Meeting on December 9, 2024, the City Council will reorganize, and the newly elected officials will assume their elected seats. During the reorganization, both Councilmembers Diallo and Torres-O'Callaghan were re-elected and will assume their new terms. Additionally, Councilmember Paul Akinjo will assume his elected seat as Mayor for the City of Lathrop. Therefore, leaving an unscheduled City Councilmember vacancy with term ending December 2026.
Government Code Section 36512(b) gives the City Council the option of filling the vacancy either by appointment or by calling a special election within 60 days of the vacancy (Government Code Section 36512 - Attachment B).
BACKGROUND:
Due to the election of Councilmember Akinjo to the Mayor's seat, the City Council is required to address the vacancy of the second half of Paul Akinjo's Councilmember unexpired term ending December 2026. Therefore, the vacancy becomes effective this evening with the passage of the Resolution adopting the Election Results.
Pursuant to Government Code Section 36512(b), once a vacancy of an elected office exists, the City Council has 60 days to choose one of the following options:
OPTION #1
1. Fill the vacancy by special election, Government Code Section 36512(b)(1) states if the Council calls a special election, 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. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. Currently, Governor Newsom has not issued proclamations for upcoming statewide elections in 2025. Additionally, the San Joaquin County Registrar of Voters does not have any upcoming elections in 2025.
CITY MANAGER'S REPORT PAGE 2
DECEMBER 9, 2024, CITY COUNCIL REGULAR MEETING
UNSCHEDULED CITY COUNCIL VACANCY WITH TERM ENDING DECEMBER Therefore, this would be a special election and not consolidated with any Federal, State, or County contests. The City of Lathrop would be fully responsible for all costs incurred (Cost Estimate - Attachment C). If Council wishes to proceed with this option, staff will prepare the appropriate resolutions and agreements with the San Joaquin County Registrar of Voters office for consideration and approval at a Special Meeting on December 16, 2024. This special election will require candidates to engage in the candidate nomination process, the same process followed in the past election of November 5, 2024. The special election can be held in one of two manners:
a. A Special Election by all Mail Ballot - estimated at $100,000 to $125,000; or
b. A Special Election with Voter Information Guide, Mail in Ballot and in Person Polling Locations - estimated at $225,000 to $275,000.
If Council chooses Option 1, the election would likely take place in late Spring, only allowing the potential elected candidate to assume office for approximately +/-18 months.
OPTION #2
2. Fill the vacancy by appointment until the next regularly scheduled general election to be held November 3, 2026. The City Council has two different methods when selecting a City Council appointee:
a. Appoint from the most recent election results considering the Candidate with the next highest number of votes (November 5, 2024, General Election Results - Attachment D); or
b. Solicit applications and conduct interviews prior to making the appointment.
The council may choose (but it is not required) to solicit applications and/or conduct interviews prior to making the appointment. A draft application is attached as Attachment E for reference only. If the City Council wishes to fill the vacancy by appointment, the appointment can be made at any time within 60 days of the vacancy. Since the vacancy • is effective this evening with the passage of the Resolution adopting the Election Results, it is recommended that the City Council hold a Special Open Session Meeting on January 6, 2025, to consider applications and make an appointment.
Any person appointed to fill the vacancy must meet the same requirements as those nominated for election: a person must be a resident and registered voter in the city of Lathrop at the time nomination papers are issued. The registration forms of all persons receiving nomination papers will be verified with the San Joaquin County Registrar of Voters.
CITY MANAGER'S REPORT PAGE 3
DECEMBER 9, 2024, CITY COUNCIL REGULAR MEETING
UNSCHEDULED CITY COUNCIL VACANCY WITH TERM ENDING DECEMBER To qualify as a registered voter in Lathrop you must be a United States citizen; a resident of Lathrop; at least 18 years of age on the date of the next election. A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State of California. (Cal. Const., Article II, Section 2; Elections Code Sections 321, 359; Government Code Section 36502).
The attached resolution is prepared for the Council to select any of the options presented. If the Council chooses Option 2a, the appointment is effective with the passage of the resolution attached. No further action is required. The appointee would assume their seat during the Regular Meeting in January.
If Council chooses Option 2b, the City Clerk would advertise the vacancy, and the next Council action would take place during the Special Open Session Meeting on January 6, 2025. The City Council would then consider applications and make an appointment. The appointee would assume their seat during the Regular Meeting in January.
FISCAL IMPACT:
Option #1 - A special election would approximately cost anywhere from $100,000 to $275,000, which is not budgeted at this time.
• If Option 1a is selected, a budget amendment will be required in the amount of $125,000 from the General Fund to Expense Account 1010-12-10-420-57- • If Option 1b is selected, a budget amendment will be required in the amount of $275,000 from the General Fund to Expense Account 1010-12-10-420-57- Option #2 - No fiscal impact for either option aside from staff time on Option 2b.
ATTACHMENTS:
A. Resolution
B. Government Code 36512
C. Registrar of Voters Cost Estimate for Special Election D. 2024 General Election Results
E. Draft City Council Vacancy Application & Registered Voter Verification CITY MANAGER'S REPORT PAGE 4
DECEMBER 9, 2024, CITY COUNCIL REGULAR MEETING
UNSCHEDULED CITY COUNCIL VACANCY WITH TERM ENDING DECEMBER 2026
APPROVALS:
Amargro 10/4/24
Date
Government Services Director
City Clerk
12-4-го ч
Salvador Navarrete Date
City Attorney
12.5-24
Stephen J. Salvatore Date
City Manager
Attachment A
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
SELECTING AN OPTION TO FILL AN UNSCHEDULED CITY COUNCIL VACANCY WITH TERM ENDING DECEMBER 2026
WHEREAS, a General Municipal Election was held and conducted in the City of Lathrop, California, on Tuesday, November 5, 2024, as required by law, for the Mayor's seat (two year term) and two (2) City Council seats (four year terms); and WHEREAS, during the Special Meeting on December 9, 2024, the City Council reorganized and the newly elected officials assumed their positions; and WHEREAS, during the reorganization, both Councilmembers Diallo and Torres-O'Callaghan were re-elected and assumed their new terms; and WHEREAS, Councilmember Paul Akinjo assumed his elected seat as Mayor for the City of Lathrop, therefore, leaving an unscheduled City Councilmember vacancy with term ending December 2026; and
WHEREAS, Government Code Section 36512(b) gives the City Council the option of filling the vacancy by appointment or calling a special election within 60 days of the vacancy. Government Code Section 36512(b).
WHEREAS, pursuant to Government Code Section 36512(b), once a vacancy exists, the City Council has 60 days to choose on one of the following options:
1. Fill the vacancy by special election on a date not less than 114 days from the call of the special election; and approval of budget amendment in the amount of:
a. $125,000 from the General Fund to Expense Account 1010-12-10-420- 57-00 for Option 1a; or
b. $275,000 from the General Fund to Expense Account 1010-12-10-420- 57-00 for Option 1b.
2. Fill the vacancy by appointment until the next regularly scheduled general election to be held November 3, 2026
a. Appoint from the most recent election of November 5, 2024, considering the Candidate with the next highest number of votes; or b. Solicit applications and conduct interviews prior to making the appointment and hold a Special Open Session Meeting on January 6, 2025, to consider said applications and make an appointment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, California, does hereby selected Option — to fill the unscheduled City Council vacancy with term ending December 2026.
Resolution No. 24 - Page 1 of 2
PASSED AND ADOPTED by the City Council of the City of Lathrop this 9th day of December 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 24 - Page 2 of 2
STATE OF CALIFORNIA Attachment B
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
State of California
GOVERNMENT CODE
Section 36512
36512. (a) If a vacancy occurs in an appointive office provided for in this chapter, shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1) If the council calls a special election, 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. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
(c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following:
(1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section 34902. The ordinance shall provide that 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. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section 34902 when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition.
(3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council 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. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest.
(2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor:
(A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit.
(B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election.
(Amended by Stats. 2015, Ch. 185, Sec. 1. (AB 952) Effective January 1, 2016.) Attachment C
SAN JOAQUIN Registrar of Voters
— COUNTY- Olivia Hale, Registrar of Voters
Greutnes: 9ICi: Eric Diaz, Assistant Registrar of Voters December 2, 2024
City of Lathrop
390 Towne Centre Dr
Attention Teresa Vargas:
Hello Teresa,
Thank you for contacting our office regarding cost estimates for a special election. Please see the following estimates for a Special City-wide Election for one city council seat for the City of Lathrop.
Contest Estimates*
Here are the cost estimates for your contest:
City Council Seat - $100,000 - $125,000 (Mail Ballot only type election) City Council Seat - $225,000 - $275,000 (Both Mail Ballot and In-Person Voting) * Does not include the potential costs for publication of legal notices related to the contest.
Should any such legal notices be required, the related costs would increase the billed election cost, accordingly.
These cost estimates for the contest are based on several variable factors including, but not limited to, historical data from the last several like elections, the current and projected number of registered voters in the city/district, inflation/cost of living adjustments, and other associated costs and factors.
Please note that as this would be a special election and not consolidated with any Federal/State/County contests, the City would be responsible for 100% of the costs incurred.
Also note that the last special election of this scale in the County was last administered about a decade ago, and as such, there have been numerous law changes (including mandatory mail ballots for every registered voter) and significant cost factor increases such as the price of materials, labor costs, etc.
It is important to note that these estimates are preliminary, not final, and are subject to change based on the variable data. Please see our disclaimer** below for more information.
If you have any questions, feel free to reach out to our Management Analyst, Trevor Parry, at (209) 953-1073 or via email at [email protected].
Thank you for entrusting us with this important task. We look forward to assisting you in ensuring a smooth and successful electoral process for your Special Election. 44 N. San Joaquin Street, Suite 350 | Stockton, California 95202 | T 209 468 8683 | F 209 468 9534 SAN JOAQUIN Registrar of Voters
— COUNTY- Olivia Hale, Registrar of Voters
G:coiners Oron: 75:2 Eric Diaz, Assistant Registrar of Voters Sincerely,
Avia Pile
Olivia Hale
Registrar of Voters
San Joaquin County
**As a general disclaimer, the following cost estimates are based on information available at the time of estimation. These estimated costs are based on data from recent like elections and actual costs may vary depending on factors such as an increase in registered voters, inflation, cost of living increases, and other current market trends and data.
While we make every effort to provide accurate estimates, this is not a contract, and the final costs may differ from the quoted price. This estimate is provided for informational purposes only and does not constitute a binding agreement. We cannot be held legally liable for any discrepancies between the estimated costs and the final invoice.
The San Joaquin County Registrar of Voters Office is currently in the process of reviewing its election billing policies & procedures in order to ensure that best practice is followed and that our methodology is in accordance with industry standards. There is a possibility that a new methodology may be adopted, which would affect the amount billed to cities and districts. Please take this into consideration as the upcoming election approaches. 44 N. San Joaquin Street, Suite 350 | Stockton, California 95202 | T 209 468 8683 | F 209 468 9534 Attachment D
Cumulative Results Report SAN JOAQUIN COUNTY Official Results Registered Voters
GENERAL ELECTION 267627 of 378657 = 70.68%
Official 2024 General Election
Precincts Reporting
272 of 272 = 100.00%
Run Time 11/5/2024
8:41 AM
Run Date 12/03/2024 Page 19
City of Tracy Treasurer - Vote for One
Precincts Voters
Counted Total Percent Baltors, Registered Percent
19 19 100.00% 34,691 49,103~70.65%
Choice Party VOTE BY MAIL EARLY VOTING ELECTION DAY Total RAYMOND MCCRAY 18,496 70000% 65 100.00% 3,539 100.00% 22,100 100.00% -
Cast Votes: 18.496100.00% 65 100.00% 3,539 100.00% 22,100 100.00% Undesvetes: 9,243 53 2,623 11,919
Overvotes: 3
Rejected write-in votes: 523 2 144 669
Unresolved write-in votes:
City of Lathrop Mayor - Vote for One
Precincts Voters
Counted Total Percent Ballots Registered Percent
8 8 100.00% 12,203 16,740 72.90%
Choice Party VOTE BY MAIL EARLY VOTING ELECTION DAY Total MANSOOR FAZEL 1,754 19.85% 11 22.00% 572 24.72% 2,337 20.86% PAUL AKINJO 4,227 47.83% 21 42.00% 914 39.50% 5,162 46.09% DIANA RADONIC 657 7.43% 1 2.00% 155 6.70% 813 7.26%
PAUL CAMARENA 2,199 24.88% 17 34.00% 673 29.08% 2,889 25.79% -
Cast Votes: 8,837 100.00% 50 100.00% 2,314 100.00% 11,201 100.00% Undervotes: 637 295 937
Overvotes: 6 15 21
Rejected write-in votes: 32
44 Unresolved write-in votes:
Cumulative Results Report SAN JOAQUIN COUNTY Official Results Registered Voters
GENERAL ELECTION 267627 of 378657 = 70.68%
Official 2024 General Election
Precincts Reporting
272 of 272 = 100.00%
11/5/2024
Run Time 8:41 AM
Run Date 12/03/2024 Page 20
City of Lathrop Member, City Council - Vote for Two
Precincts Voters
Counted Total Percent Ballots Registered Percent
8 100.00% 12,203 16,740 72.90%
Choice Party VOTE BY MAIL EARLY VOTING ELECTION DAY Total JENNIFER TORRES-O'CALLAGHAN 5,728 42.40% 32 41.56% 1,299 40.99% 7,059 42.13% MINNIE "COTTON" DIALLO 5,049 37.37% 24 31.17% 1,201 37.90% 6,274 37.44% STEVE DRESSER 2,734 20.24% 21 27.27% 669 21.11% 3,424 20.43% Cast Votes: 13,511 100.00% 77 100.00% 3,169 100.00% 16,757 100.00% Undervotes: 5,425 33 2,060 7,518
Overvotes: 4 4
Rejected write-in votes: 88 2 33 123
Unresolved write-in votes:
Farmington Rural County Fire Protection District Governing Board Member - Vote for Three Precincts. Voters
Counted Total Percent Ballots Registered Percent
2 100.00% 1,045 1,282 81.51%
Choice Party VOTE BY MAIL EARLY VOTING ELECTION DAY Total NANCY LEMOS 382 21.20% 4 3626% 43 15.87% 429 20.59%
JEREMIAH MULVIHILL 308 17.09% 18.18% 40 14.76% 350 16.79% JEFF BRIGGS 604 33,52% 4 36.36% 91 33.58% 699 33.54%
FRANK ED BRACCO JR 384 2137% 1 9.09% 72 26.57% 457 21.93% KELLY OGILVIE за 6.88% 0.00% 25 9.23% 149 7.15%
Cast Votes: 1,802 100.00% 11 100.00% 271 100.00% 2,084 100.00% Yatervotes: 813 7 224 1,044
Overvotes:
Rejected write-in votes: 4
Unresolved write-in votes:
Attachment E
City Council Vacancy Application
for Term Ending December 2026
Submit application to:
Office of the City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Personal Information:
Registered
Name:_
Last First Middle
Address:
Street City State Zip
Home Telephone:_ Work Telephone:
E-mail: Fax:_
Resident of the City of Lathrop:_ _ years
Background Information:
Why do you wish to serve as an appointed member of the City Council:_ What would you bring by way of perspective or experience to the City Council:
-1-
Employment/Volunteer Information:
Please list any qualifications you feel would provide positive input to the work of the City Council.
Organization: Dates:
Location: Position(s):-
Responsibilities/accomplishments:_
Organization:_ Dates:
Location: Position(s):
Responsibilities/accomplishments:_
Organization: Dates:
Location: Position(s):_
Responsibilities/accomplishments:
Organization:_ Dates:
Location: Position(s):-
Responsibilities/accomplishments:
-2-
Community Activities that you have been involved with (feel free attach separate pages):
Name of Organization Position/Responsibilities/Accomplishments Dates Name of Organization Position/Responsibilities/Accomplishments Dates Special awards or recognitions you have received:_
Education Information:
Educational Institution Degree/Diploma Field Year
Educational Institution Degree/Diploma Field Year
Additional Information (Please provide any other information which you feel would be useful to the City Council in reviewing your application.)
Civic service is a privilege and responsibility of interested, qualified, sincere citizens. The value and importance of wide participation of a large number of citizens cannot be measured. Your interest in serving on the City Council of the City of Lathrop is greatly appreciated.
General Information: Your application is a public document and will be kept on file for one year.
If you would like additional information, please call the City Clerk's Office, at (209) 941-7230.
Please sign and date your application and submit to the Office of the City Clerk.
Thank you.
Signature Date
-3-
This page will be issued to the San Joaquin County Registrar of Voters Office to ensure the applicant is registered in the City of Lathrop. Fill out the top portion listed as "Candidate Information" and leave the bottom portion blank listed as "For Registrar of Voters Staff Only" Candidate Information
Registered Name: Middle
Last First
Preferred Name: _ Phone: _
District:
Office Sought:
Residence Address: ApartmentUnit#
Street
City State Zip Code
Mailing Address:
Street Apartment/Unit #
City State Zip Code
Email Address (Required):
Candidate Signature: _
*Your signature authorizes the Registrar of Voters' Office to update your voter registration address
FOR REGISTRAR OF VOTERS OFFICE STAFF ONLY
The candidate is: [ Active In District Out of District
The candidate is: Inactive (please have candidate contact our registration department at 209-468-VOTE) • Registered at a different address
• Not a registered voter (please instruct candidate to register to vote) Verified by: _&. _Date:
-4-