For City Council Meeting December 10, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Barbara A. McGee, City Clerk
Title
Request City Council to Review and Provide Direction Regarding Filling a Vacancy on City Council.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council consider the options for filling a vacancy on the City Council, provide City staff with any direction necessary to implement procedures approved by City Council regarding consideration of candidates, and/or nomination and appointment of a candidate.
BACKGROUND
Rialto City Council Member Joe Baca is the anticipated winner of the Mayor seat for the City of Rialto. Mr. Baca will be sworn into his new position as of December 10, 2024. When this occurs, Mr. Baca’s seat on the Rialto City Council will become vacant and the City Council must take action to fill the vacancy.
ANALYSIS/DISCUSSION
Government Code section 36512 requires that if a vacancy occurs in a city elective office the city council must either fill the vacancy by appointment or call a special election to fill the vacancy within 60 days from the start of the vacancy. The vacancy will occur starting on December 10, 2024, this 60-day period will end on February 8, 2025.
Filling by Appointment
If the Council chooses to appoint someone to fill the vacancy, then the appointed person will serve for the remainder of Council Member Baca’s term, which expires in 2026. Section 36512 provides that if the vacancy occurs in the second half of the term of office, then the person appointed to fill the vacancy “shall hold office for the unexpired term of the former incumbent.” The Council has the discretion to determine the process to be utilized for selecting an appointee.
Filling by Special Election
If the Council chooses to call a special election to fill the vacancy, the first available election date would be in March 4, 2025. Section 36512 provides that a special election to fill a vacancy “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 established election dates are set forth in Elections Code section 1000. There are established election dates in March and November each year. The next established election date of March 4, 2025, 84 days away, is less than 114 days away; therefore, the first available election date would be in November 4, 2025. The person elected to fill the vacancy would complete the remainder of Council Member Baca’s term.
Temporary Appointment Followed by Special Election
Section 36512 authorizes cities to enact an ordinance that allows a person to be appointed to fill a council vacancy until a special election can be held. 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. Rialto does not currently have such an ordinance in place, but could adopt one if desired.
ENVIRONMENTAL IMPACT
The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
LEGAL REVIEW
The City Attorney's Office has reviewed the staff report.
FINANCIAL IMPACT
If a special election is called, there will be costs associated with conducting the special election. The County would conduct the election and invoice the City for the costs. The City estimates the costs of a special election to be $700,000.