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Home My Public Portal About9) 10A Appointment of Nominee to Councilmember seats and Cancelling of March 3, 2020 ElectionMANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: December 17, 2019 TO: The Honorable City Council FROM: Peggy Kuo, City Clerk AGENDA ITEM 10.A. SUBJECT: ADOPTION OF RESOLUTION NO. 19-5441 PROVIDING FOR THE APPOINTMENT OF THE NOMINEES TO THE OFFICE OF CITY COUNCIL THAT WERE TO BE ELECTED ON TUESDAY, MARCH 3, 2020 AND CANCELLING THE CITY'S GENERAL MUNICIPAL ELECTION ON THAT DATE RECOMMENDATION: The City Council is requested to adopt Resolution No. 19-5441 (Attachment A) providing for the appointment of the three nominees to the office of City Council that were to be elected on Tuesday, March 3, 2020 and cancelling the City's General Municipal Election on that date. BACKGROUND: 1. On October 15, 2019, City Council adopted resolutions for the City to conduct a consolidated General Municipal Election on March 3, 2020 to fill three Councilmember seats with terms of March 2020 -March 2024. 2. Per California Elections Code Sections 10223-10224, the nomination process began on November 12, 2019, with the last day to file nomination papers being December 6, 2019. If an incumbent fails to file nomination papers by December 6, the nomination period is automatically extended to the deadline of December 11, 2016. ANALYSIS: As of the close of business on Friday, December 6, 2019, the deadline for filing nomination papers, all three incumbents for those offices, and only those three incumbents, had filed the required nomination papers. Under the California Elections Code 10229, if by the nomination filing deadline, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election, and if there are also no qualified ballot measures, then .. City Council December 17, 2020 Page 2 of 2 the City's Election Official (City Clerk) shall submit a certificate of these facts (Attachment B) to the governing body of the City and request the governing body that at a regular or special meeting held before the municipal election, to adopt one of the following courses of action: 1. Appoint to the office the person or persons who has or have been nominated; 2. Appoint to the office any eligible voter if no one has been nominated (not applicable here); or 3. Determine to hold the election if either no one or only one person has been nominated (not applicable here). The City Council's decision must occur by the 75 th day (i.e., December 19, 2019) before the municipal election, otherwise if no person has been appointed to office pursuant to actions (1) or (2) above, the municipal election shall be held. At this time, City Council is requested to adopt the attached resolution and exercise its option to appoint the nominees to those offices and to cancel the March 3, 2020 General Municipal Election. CITY STRATEGIC GOALS: Adoption of the resolution providing for the appointment of the three nominees to the office of City Council that were to be elected on Tuesday, March 3, 2020 and cancelling the City's General Municipal Election on that date will promote City's Strategic Goals of Good Governance. FISCAL IMPACT: While staff has yet to receive invoices for services and activities already undertaken relating to the 2020 General Municipal Election, we do not anticipate the expenses to exceed $10,000, in fact, it could be substantially less. As a result, City Council could see a savings of approximately $80,000 in the City's General Fund for the Fiscal Year 2019-20 City Budget, due to our initial budget of $95,000 for the election. ATTACHMENTS: A. Resolution No. 19-5441 B. City Clerk's Certification of the Fact C. Notice that there are not more candidates than offices to be elected ATTACHMENT A RESOLUTION NO. 19-5441 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, MARCH 3, 2020 WHEREAS, the City of Temple City has scheduled a General Municipal Election on March 3, 2020, to elect three (3) City Councilmembers; and WHEREAS, at the close of nomination period on December 6, 2020, the only candidate papers received and verified by the City Clerk for the office of the City Councilmember; and WHEREAS, on December 9, 2019, the City Clerk submitted a written certification to the City Council providing there are not more candidates nominated for the office of the City Councilmember than seats to be filled at the General Municipal Election; and WHEREAS, pursuant to§ 10229 of the Elections Code of the State of California, as of the close of the nomination period on December 6, 2019, there are not more candidates than offices to be elected and that§ 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. WHEREAS, a notice was posted on December 9, 2019 and published on December 12 (Vietnamese/ Chinese and Spanish) and December 12 (English), 2019 in a newspaper of general circulation pursuant to law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken: The following persons, being the only three candidates for the offices for which they were nominated, are being appointed to those offices and are considered to be the same as being elected, pursuant to § 10229(a)(3) of the Elections Code: NAME Nanette Fish William Man Cynthia Sternquist OFFICE City Council City Council City Council TERM March 7, 2017 -March 5, 2024 March 7, 2017 -March 5, 2024 March 7, 2017 -March 5, 2024 SECTION 2. The election scheduled to be held on Tuesday, March 3, 2020, is now canceled. SECTION 3. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON DECEMBER 20, 2016. Nanette Fish, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Greg Murphy, City Attorney I hereby certify that the foregoing resolution, Resolution No. 19-5441, was adopted by the City Council of the City of Temple City at a regular meeting held on the 17 th day of December, 2019 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmember- Councilmember- Councilmember - Councilmember - Peggy Kuo, City Clerk ATTACHMENT B CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED I, Peggy Kuo, City Clerk of the City of Temple City, do hereby certify that pursuant to§ 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, March 3, 2020: As of the close of the nomination period on December 6, 2019, there are not more candidates than offices to be elected. The person(s) so nominated are: Nanette Fish William Man Cynthia Sternquist That§ 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. A notice of these facts will be published on December 12, 2019, in a newspaper of general circulation in the city pursuant to§ 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 75th day before the municipal election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election shall be held. If the City Council makes an appointment pursuant to § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Peggy Kuo, City Clerk ATTACHMENT C NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED NOTICE IS HEREBY GIVEN that pursuant to§ 10229 of the Elections Code of the State of California relating to the General Municipal Election in the City of Temple City to be held on Tuesday, March 3, 2020. As of the close of the nomination period on December 6, 2019 there are not more candidates than offices to be elected. The person(s) so nominated are: Nanette Fish William Man Cynthia Sternquist That§ 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person(s) who has/have been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. The City Council will meet on December 17, 2019 to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 75th day before the municipal election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election shall be held. If the City Council makes an appointment pursuant to § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Peggy Kuo City Clerk Dated: December 12, 2019