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Montebello council chooses appointment route for District 5 vacancy, sets application process
Summary
Following public comment and debate, the Montebello City Council voted to fill the District 5 council vacancy by appointment rather than a special election, approved an application process and set a schedule to consider applicants at the Jan. 22 meeting.
The Montebello City Council on Jan. 8 voted to fill the vacant District 5 seat by appointment and directed staff to begin an application process and notice; the council rejected calling an immediate special election.
City Manager staff presented the background: the vacancy followed the Nov. 5, 2024 recall election that removed Council member Angie Jimenez, and state law requires the council to act within 60 days (the staff report cited a Feb. 5 deadline). The manager said the council may either call a special election under Government Code section 36512 or fill the vacancy by appointment until the next regularly scheduled general election on Nov. 3, 2026.
Staff noted cost estimates for a stand-alone special election from the county registrar and recorder; the amount presented in the staff report was approximately $224,100 (as stated in the staff report). The manager also provided a draft application (attachment B) that staff proposed to use if the council chose the appointment route.
Public comment was sharply divided. Several District 5 residents asked that the seat be filled by a special election so voters in the district can choose their representative. Will Severa warned the council against off-chamber discussions about appointments, citing the Brown Act. Jesse Garcia and Bill Poliso (public commenters) urged appointment and named a preferred candidate, noting local advocacy on issues including the DePaul Center historic-listing effort. Another resident, Keia (she identified herself as a District 5 resident), said, "I don't think it's fair that you guys got rid of our representative just to appoint our representative. It should be an election."
Council discussion focused on timeline and transparency. The city attorney and city manager advised that the Feb. 5 deadline is fixed under state law and that if the council failed to act within the 60-day period the county would be required to hold a special election. Council member Scarlett Peralta moved to adopt the appointment process as outlined in the staff report and to set the deadline for applications consistent with staff'recommended dates; Mayor Pro Tem Tamayo seconded the motion. Council members emphasized broad outreach to publicize the application and to make materials available online and in person.
On roll call the motion passed: Mayor Pro Tem Tamayo voted yes; Council member Peralta voted yes; Mayor Melendez voted yes. The motion carried. Council instructed staff to post the application and supporting material promptly and to return to the Jan. 22 council meeting (a regularly scheduled meeting) to consider applications and, if desired, make an appointment. Staff said they would post the application and public notice the next morning and accept emailed and in-person submissions per the application instructions.
The record shows the council considered but did not adopt an extended application deadline request; council members said they wanted to preserve time to meet the state deadline. The appointment, if made, would fill the unexpired term through Dec. 2026.
