Anaheim Council Ignores Lawsuit in Fight Over Vacancy : Government: Three nominees for fifth seat all fall short, raising chance of special election. Judge to hear candidate’s challenge Jan. 20.

It’s apparent the shorthanded City Council needs another member, if only to break the deadlock over how it will fill its still-vacant council seat.

Ignoring a lawsuit filed Tuesday by a would-be council appointee, the body nevertheless failed in its third attempt since the November election to name a fifth and final colleague.

The council’s inability to bring itself to full strength increases the chances that the city will be forced to hold a special election, which would cost about $100,000. The city charter states that, if a consensus cannot be reached by Jan. 29, 60 days after the seat became empty, a special election must be conducted.

The council could call a special election at any time, but has chosen to try to appoint someone to the spot instead.

“I think it’s important to avoid the cost and the distraction of a special election,” Daly said Tuesday.

However, a nomination by Mayor Tom Daly and two others by newcomer Bob Zemel to fill the fifth council seat were defeated Tuesday. Daly’s nomination of Paul Bostwick, who placed fifth in the recent City Council election, fell one vote short of the necessary three to win approval.

Zemel’s nominations of Steve Bristol and Cheryl Perriera, neither of whom ran in the recent election, garnered only one vote each.

The new nominations Tuesday night followed the filing of a lawsuit earlier in the day by Shirley McCracken, who finished third in the Nov. 8 election. McCracken, who narrowly missed becoming the fifth council member in two previous council votes, is demanding that she be sworn in to office.

McCracken argues that her two “yes” votes from Daly and Councilman Frank Feldhaus and an abstention from Councilman Zemel should be enough to put her in office. (Councilman Lou Lopez voted against her nomination.)

“We are confident the last (council) vote appointed Ms. McCracken,” said McCracken’s attorney, Ron Bevins, who is also asking the city to pay legal fees.

But City Atty. Jack L. White disagreed, pointing out that the city charter requires three votes for a new council member.

Superior Court Judge William McDonald scheduled a hearing on the matter for Jan. 20, when he is expected to rule on whether McCracken should be sworn in. The judge is also expected to decide today whether to issue a temporary restraining order to prevent the council from appointing someone else.

Lopez, who favors holding a special election to fill the appointment, voted against McCracken each time. Zemel abstained.

McCracken, who was the third-highest vote-getter among 18 candidates in the November election, had received considerable public support during the last two council meetings.

“I had to take some action,” McCracken said. “I feel I owed it to the voters, the over 10,000 people who voted for me, and the people who have shown up at the council meetings. I didn’t recruit them, and a lot of them I don’t even know.”

The council vacancy was caused by an election quirk stemming from a 1992 charter amendment that changed the way the mayor is selected. In the past, the public chose a mayor from among sitting council members for a two-year term. Now, anyone can run for mayor, which is a four-year term.

In the middle of his council/mayor term, Daly won the at-large mayoral election in November. His victory created the vacancy.

Zemel wants the vacant seat filled by someone who did not run in November’s election so the new member will not be perceived as having political ties to anyone on the council.

McCracken said Zemel mistakes her as a political ally of Daly’s.

“I’m an independent thinker,” she said. “I don’t know where (Zemel) is coming from.”