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Montebello council votes to fill District 4 seat by appointment, rejects special election option
Summary
The City Council voted unanimously to fill the District 4 vacancy by council appointment rather than call an expensive special election, setting a schedule and eligibility rules for any appointee.
The Montebello City Council voted unanimously Tuesday to fill the vacant District 4 council seat by appointment rather than call a special election, city staff said at the meeting.
City Manager David Merritt told the council that state law (Gov. Code §36512(b)) gives the council 60 days to either call a special election or make an appointment to fill the unexpired term. Merritt said a special election would be costly — the county estimated roughly $450,000–$510,000 for a single-district special election and staff warned the final number could be higher because District 4 has approximately 6,889 registered voters, more than a recent District 5 contest.
The appointment process the council approved directs staff to advertise the vacancy and accept applications; any appointee must be a U.S. citizen, a District 4 resident and a registered voter, Merritt said. If the council appoints, the appointee will serve until the next general municipal election (Nov. 3, 2026) and then a candidate elected at that time would complete the remainder of the term.
City staff provided a proposed timeline: advertise the vacancy and accept applications, consider applicants at a regularly scheduled meeting (staff recommended the Feb. 26 meeting), and, if an appointment is made, the appointee would need to be sworn by March 29 to take the seat at the council’s March 12 meeting.
City Attorney Arnold Glassman summarized the legal options and confirmed the council may solicit applications and interviews although the Municipal Code does not prescribe a specific appointment procedure.
The council made the appointment decision by roll call vote. The clerk recorded Ayes from Mayor Pro Tem Temayo, Councilmember Peralta, Councilmember Malonzo and Mayor Melendez.
The city manager cautioned the council that the city’s budget does not include the cost of an unscheduled special election and that a special election would be administered and billed by the Los Angeles County Registrar/Recorder.
