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Item 12 - Discussion and Possible Action to Fill City Council Vacancy

Poway City Council
December 3, 2024

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Item 12 - Discussion and Possible Action to Fill City Council Vacancy
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December 3, 2024
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from even November 25, 2024. (Elec. Code § 1000.) The most recent "rough" cost estimate the City has from the County Registrar of Voters (ROV) for the cost of a special election to fill a district seat is between $175,000 -$300,000. This was provided by the ROV in 2023, for the previous City Council vacancy. This is an unbudgeted cost.

Option 2 -Appointment: The City Council may make an appointment to fill the vacancy. Because the vacancy occurred within the second half of Councilmember Pepin's term, the appointment would be for the remainder of the term. (Gov. Code § 36512(b)(2)(B).) In this situation, Council member Pepin will hold the office until appointment of a replacement, and he could vote on the appointment, as is permitted in cities with a by-district method of election. (Elec. Code§ 36512(e).) An appointment may be made at the December 3, 2024 City Council meeting or at any regular or special meeting held before or on January 24, 2025. The appointee must be a resident of Poway's District 1, and a registered voter therein. The appointment must be made by a majority vote.

Appointment Options:
• Immediate Appointment: If the Council appoints an individual to fill the vacant seat immediately, the oath of office can be administered by the City Clerk and the newly appointed Council member could be seated immediately.
• Make an Appointment at a later meeting: If the Council decides to have interested parties apply for the vacant seat, with the appointment to take place at a subsequent meeting, applications would be made available in the City Clerk's office and on the City's website for that purpose. If the Council pursues this alternative, it may also wish to take the following actions at this meeting:

1. Announce the vacancy and solicit applications;

2. Set a filing deadline for the submittal of applications; and

3. Conduct a public meeting to hold interviews and make a selection.

Environmental Review:

This informational report and potential action regarding filling a vacancy is not a "project" subject to California Environmental Quality Act (CEQA).

Fiscal Impact:

The most recent "rough" cost estimate the City has from the ROV for the cost of a special election to fill a district seat is between $175,000 -$300,000. This was provided by the ROV in 2023, for the previous City Council vacancy. The ROV noted multiple qualifiers that could impact cost. There is no fiscal impact for filling the vacancy by appointment to serve the remainder of Council member Pepin's term.

Public Notification:

None.
2 of 5 December 3, 2024, Item #12

Attachments:

A.Resignation Email from Councilmember Pepin
B.City Council District Map
Reviewed/Approved By:

Assistant City Manager
3 of 5
Reviewed By:

Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
December 3, 2024, Item #12

Chris Hazeltine
From:

Sent:

To:

Subject:

Follow Up Flag:

Flag Status:

City Manager Hazeltine,
Brian Pepin
Monday, November 25, 2024 1:58 PM
Chris Hazeltine
City Council District 1
Flag for follow up
Flagged
I'm emailing to let you know that I will be stepping away from the city council effective upon my seat being filled with a replacement.

My work in political consulting and communications consulting has expanded and grown since I joined the city council, and I'm choosing to focus on continuing to grow my business in the coming years.

It has been a privilege to work with Mayor Vaus, my colleagues on the city council, you, and all of Poway's talented city staff. I'm confident that Poway will continue to prosper and thrive moving forward.

Thank you,
Brian Pepin
4 of 5
1 ATTACHMENT A December 3, 2024, Item #12

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