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City of San Leandro <br />City Council <br />Meeting Date: February 27, 2024 <br />Agenda Number: <br />Agenda Section: Presentation <br />File Number: 24-065 <br />File Type: Staff Report <br />Discussion Regarding Call for a Special Election if No Qualified Person is Appointed to the District 1 <br />Council Seat on or by February 29, 2024 <br />SUMMARY AND RECOMMENDATIONS <br />City of San Leandro Charter Section 250 provides that a vacancy in the office of Council Member <br />shall be filled by appointment by the Council. If the Council fails to fill such vacancy within sixty <br />days after its existence, the Council shall call a special election, at which the unexpired remainder <br />of the term of such office shall be filled by the voters. <br />BACKGROUND <br />City of San Leandro Charter Section 250 provides the method by which a vacancy in the office of <br />Council Member or Mayor shall be filled, which is by appointment by the Council. The appointee <br />would hold office until the next general municipal election and until a successor is elected and <br />qualified. Any unexpired remainder of the term of such office shall be filled by the voters at such <br />election. The next general municipal election is November 5, 2024. This means that an appointee <br />would serve until December 31, 2024, and until their successor is elected and qualified. The <br />person elected to represent District 1 at the November 5, 2024 general municipal election would <br />hold that seat until December 31, 2026, which is the unexpired remainder of the District 1 <br />Councilmember who was elected in 2022 (Councilmember Celina Reynes, whose resignation <br />from the Council was effective December 31, 2023). <br />If the Council fails to fill such vacancy within sixty days after its existence, the Council shall call a <br />special election, at which the unexpired remainder of the term of such office shall be filled by the <br />voters. Charter Section 605 provides that the Council may, and when required by law shall, call <br />special municipal elections for such purposes as are required by law or as the Council may <br />prescribe. A special municipal election may be held on any date specified by the Council. In <br />accordance with Charter Section 250, the Council is required by its own Charter, which is law, to <br />call a special election to fill the vacancy in Council District 1. The special election may be held on <br />a date specified by the Council. <br />DISCUSSION AND ANALYSIS <br />The City Charter provides that the Council shall specify the date for the special election. <br />Therefore, and subject to coordination with the Alameda County Registrar of Voters, the Council <br />can call a special election for any date in 2024. This also means that the Council can call the <br />special election to coincide or be consolidated with the general municipal election on November <br />5, 2024. The person elected at the special election would serve until December 31, 2026. <br />The estimated costs of a special election are between $959,006 and $1,059,954, the Registrar <br />Page 1 City of San Leandro Printed on 2/23/2024