Over the weekend, I got a text message saying that the Irvine special election to replace Mayor-Elect Larry Agran’s council seat must be an at-large election because the district Agran lives in is District 5 which wasn’t a part of this election cycle’s available seats. The argument is the specail election must be from the same electoral territory as the vacancy, which means any of the council or mayor candidates who lost could run for the seat but would have to reside in District 5 to run for election in 2026.
But Irvine seems to have handled this possibility when District elections were formalized. Here’s the ordinance, which the terms of a special election bolded:
https://library.municode.com/ca/irvine/codes/code_of_ordinances?nodeId=CHTRCIIR_ARTIVTHCO_S400MACO
ARTICLE III. – FORM OF GOVERNMENT
Section 300. – Form of government.
The municipal government established by this Charter shall be known as the “Council-Manager” form of government.
ARTICLE IV. – THE CITY COUNCIL
Section 400. – Mayor and City Council.
modified
Commencing with the general municipal election of November 2024, the City Council, hereinafter termed “Council,” shall consist of a Mayor and six (6) Council members elected to office in the manner, at the times, and in the sequence provided in this Charter.
The Mayor shall serve a term of two (2) years and shall be elected from the City at large. Any person who serves two (2) full terms as Mayor shall not be eligible to serve again as Mayor. If a Mayor serves a partial term in excess of one (1) year, it shall be considered a full term for the purpose of this provision. Other than as set forth herein, compensation, vacancies and the filling of vacancies shall be the same for the office of Mayor as provided for the office of Council member by this Charter. The Mayor, in addition to serving as the presiding officer of the Council, shall have all of the rights, powers and duties of a Council member and shall be a member of the Council.
The term of office for each Council member shall be four (4) years and shall be elected on a by-district basis from one (1) of the six (6) single-member Council Districts of the City, as established pursuant to Section 400.1. Alternatively, and successively, three four-year terms shall be filled at one general municipal election and three four-year terms at the next such election, consistent with the sequence of terms of Council members in the fifth paragraph of this Section 400. Any person who serves two (2) full terms as a Council member shall not be eligible to serve again as a Council member. If a Council member serves a partial term in excess of two (2) years, it shall be considered a full term for the purpose of this provision.
Notwithstanding the first sentence in the third paragraph of this Section 400, the second sentence in the first paragraph of Section 401, or the first sentence of the second paragraph of Section 401, the Mayor and Council members in office at the time this Charter provision takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified, so long as they remain legally registered voters and residents of the City. Recall proceedings, if any, of any Council member(s) serving the remainder of a term pursuant to this provision, and the election of a successor to such Council member(s) to complete that term, shall be conducted at large. If any Council seat held by a Council member serving the remainder of a term pursuant to this provision becomes vacant prior to the end of such term by means other than the recall, such Council seat shall be filled by appointment or election at large; provided, however, that if the vacating Council member resides in either the Council District designated 5 or the Council District designated 6 then, notwithstanding Section 403, a by-district election shall be held for the District where the vacating Council member resides at the earliest feasible date.
The Mayor shall be elected at the general municipal election held in November 2024, and each second year thereafter. One (1) Council member from each of the four (4) Council Districts designated 1, 2, 3, and 4 shall be elected at the general municipal election held in November 2024. Notwithstanding the term of office specified in the first paragraph of this Section 400, the Councilmember elected from the Council District designated 1 at the November 2024 general election shall hold office for a term of two (2) years and until their successor qualifies; the remaining three (3) Council members selected at the November 2024 general election shall each serve a term of four (4) years and until their respective successors qualify. One (1) Council member from each of the three (3) Council Districts designated 1, 5, and 6 shall be elected at the general municipal election held in November 2026, and shall each serve a term of four (4) years and until their respective successors qualify.
The term of the Mayor and a Council member shall commence at the next regularly scheduled meeting of the Council following certification of the election results by the election official or such earlier other date as may be established by ordinance of the Council, and they shall serve until their successor qualifies. Any ties in voting for Mayor or Council member shall be settled by the casting of lots. No person shall simultaneously hold both the office of Mayor and Council member.
The term limits shall not apply to any term that began before November 4, 2014.
As used herein the term “qualifies” shall mean, in addition to the provisions of the general law, having taken the oath of office following the election and their term of office shall have commenced.
(Amend. of 9-8-78; Amend. of 6-3-86; Amend. of 3-1-88, § 1; Amend. of 6-7-88; Amend. of 11-5-91; Amend. of 11-4-14; Ord. No. 24-10, § 1, 3-5-24).
Defeated Mayoral candidate and council member Tammy Kim moved into District 5 last May. She also opened a city council for 2024 account back in July 2023 while also having an account for Mayor in 2024. The DPOC made contributions to both funds and Betty Yee, a candidate for Governor, also made a significant contribution to Kim’s council campaign. Having two active campaign accounts open for the same election is just asking for an FPPC investigation. Additionally, a “Friends of Tammy Kim againts a Recall” account exists and has serious cash. There’s no need for a recall as Kim is done at the first council meeting in December, but she did use some of this campaign’s money to pay for mailers promoting her work as a council member. Now that the Recall is DOA, no one seems to know if Kim will need to pay back any of the funds spent here. It all seems very shady.
On the Republican side, former Irvine vice mayor and council member Anthony Kuo is the expected Republican candidate. If the special election was open to the entire city, it’s possible some candidates on the losing side for 2024 might find their way to the ballot for the 2025 race.
The council — as it stands today — will have four Democrats and two Republicans with one vacancy; and even if Kuo were elected, it’s far from certain that four Democrats will vote as one. Besides Agran, Kathleen Treseder has only two years of spotty experience. So a majority doesn’t make policy a lock.
I will not be voting for Betty Yee. Tammy lost. How can she run again? Don’t we have rules against that kind of shenanigans?
she can run in the next election whether it is a special election or a regularly scheduled one; if the district she resides in has an election next regular cycle. It appears that Tammy has carpetbagged into a new district as a Plan B. I believe there are rules against having two campaign accounts open for the different city offices in the same election cycle.
Tammy is hosting a listening event on Dec 3, a week before she leaves office, all about Irvine’s new Library Services which she says will save us money instead of using the Orange County system. Too bad she won’t move forward on Irvine getting it’s own fire department which would save the city significant money. Irvine funds a lot of emergency services for the rest of the county.
Placentia showed the way in leaving Cartel OCFA and contracting out paramedic services. They saved millions of dollars and ended up providing a superior service to the community. I can’t imagine what Irvine would be able to accomplish at their scale.
a savings for taxpayers of at least $100 million a yar which could be used to buy facilities, trucks, equipment, and employees
Tammy sold her vote to OCTA. I hope $150,000 bought the firefighters a lot. Based on the beating Mayor Agran gave her, they probably have buyer remorse.
She’s on OCPA not OCTA; she wanted OCTA but that’s reserved for mayors.
She sold her vote for OCFA. Eh. Ey.
She also hoped to get appointed to some board or another for her endorsement of Mayor Khan’s second term as mayor. But, Khan promptly stabbed Kim in the back.
I think she’s the first city council member to lose re-election. Melissa Fox served one term but lost a race for assembly
Great Heavens! Thanks for this article, Mr Chmielewski. All I’ve heard from the entire City Council is how we need more affordable housing in Irvine. Yet Ms. Kim has obtained a SECOND residence? Notice, Ms. Kim avoided renting in District Six, where the Council recently voted in 15,000 more apartments. This Irvine Business Center (Focus Area 1) has already been carpeted with 17,000 units, since about 2010. By the way, Agran also voted for Focus Area 1’s 15,000 new units during the resolution’s final reading, which was in a consent calendar.
I am horrified that the entire city can decide Dist. 5’s fate for the next two years. Only Districts One – Four had any vote Nov. 5, 2024. (Dist. Five and Six had NONE.) Those four seats create the majority of our city council. So, Districts 1 – 4 were endorsed by their particular neighborhoods, but will serve at large until 2026, when 4 and 5 get to vote. Guess how the Dist 1 – 4 councilmembers will vote regarding the shelter for the homeless and mentally ill, planned for Dist. 6?
How can Agran be Mayor again? He has served so many times, isn’t he ineligible?
She went from the penthouse to the outhouse. She was so quick to parrot how she won her seat with the most votes ever or something like that.
She blabbed about how khan was anti-Armenian and then endorsed can for reelection in hope khan would cast a vote for her to some additional board which never occurred.
https://youtu.be/19F_NQz157Y
She can’t run again because she doesn’t live in the district! Pretending she does will only have the 30% of Irvine who voted for her feel lied to and betrayed. She is a genocide supporter and deserves to be in the outhouse!
she is trying to agendize an item for the December 10th meeting which a new council is sworn in; she’s hosting a meeting in Woodbridge on Dec 3 to talk about the Library in which she will have zero input on unless she gets elected. I’m already hearing about other candidates — Democrats and Republicans — lining up to run. I still think Anthony Kuo will be the person to beat.
and I’ll need to point out, she cared nothing about this until she lost
Does anyone have details of the altercation between a resident who attended the meeting and Tammy’s chief of staff? I’m told after the meeting, the staff bumped into the resident and called her a horrible name in Korean and a schuffle broke out. Kim arrived on the scene and caused te resident of attacking the staffer and Kim called the cops. Witnesses stuck round and told the police what happened. No one filed charges and the incident is over. Tammy was only thanked for her service by council member Treseder. Farrah got lots of love. Did anyone witness the fight and can share details?
The irony…the Councilmember who accused us of being violent for peacefully protesting genocide has staff who is violent. So glad she is now a former Councilmember and Irvine is rid of her and her lies. This needs to be a story Dan! Voters need to know how wrong Tammy Kim is for Irvine.
It will be if someone comes forward
I’m bet the woman who allegedly got assaulted by Kim staff member was the Korean woman Sara who spoke naively in support of Farrah Khan.
https://irvine.granicus.com/player/clip/6686?view_id=68&redirect=true (Cue 39:00:00)
Bet you’re right; can anyone get me her name and contact details?
Eric — you do not get to decide who is or who is not racist, especially a member of the public
William go appointed her as his finance commissioner. I think she still may have a tax lien.
Tammy? As finance commissioner?
Yup. She’s back. It’s funny how the electeds really don’t know anyone so they appoint party operatives or their key supporters/donors to these positions. I can’t wait to her two name Tammy weave her work history as a HR executive (?) and non profit founder into some explanation that it makes her a finance expert. Don Geller gets what he deserves. Crazy!!!