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Home My Public Portal About06) 10A_2022 Election appointment and cancellation_Staff Report w attachmentMANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: December 21, 2021 TO: The Honorable City Council FROM: Peggy Kuo, City Clerk SUBJECT: ADOPTION OF RESOLUTION NO. 21-5573 PROVIDING FOR THE APPOINTMENT OF NOMINEES TO THE OFFICE OF CITY COUNCIL THAT WERE TO BE ELECTED ON TUESDAY, MARCH 8, 2022 AND CANCELLING THE CITY’S GENERAL MUNICIPAL ELECTION ON THAT DATE RECOMMENDATION: The City Council is requested to adopt Resolution No. 21-5573 (Attachment “A”) providing for the appointment of the two nominees to the office of City Council that were to be elected on Tuesday, March 8, 2022 and cancelling the City’s General Municipal Election on that date. BACKGROUND: 1.On September 21, 2021, the City Council adopted resolutions for the City to conduct a Standalone General Municipal Election on March 8, 2022 to fill two Councilmember seats with terms of March 2022 – March 2026. 2.Per California Elections Code Sections 10223-10224, the nomination process began on November 15, 2021, with the last day to file nomination papers being December 10, 2021. If an incumbent fails to file nomination papers by December 10, the nomination period is automatically extended to the deadline of December 15, 2021. ANALYSIS: As of the close of business on Friday, December 10, 2021, the deadline for filing nomination papers, the only candidates to file the required nomination papers were the two incumbents for the office of Councilmember (Councilmember Chavez and Mayor Yu). 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 AGENDA ITEM 10.A. City Council December 21, 2021 Page 2 of 2 number to be filled at that election, and if there are also no qualified ballot measures, then 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 (no 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 75th day (i.e., December 23, 2021) 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 the option to appoint the nominees to those offices and to cancel the March 8, 2022 General Municipal Election. COUNCIL STRATEGIC GOALS: Adoption of the resolution providing for the appointment of the two nominees to the office of City Council that were to be elected on Tuesday, March 8, 2022 and cancelling the City’s General Municipal Election on that date will promote the City Council Strategic Goal of Good Governance. FISCAL IMPACT : While staff has yet to receive invoices for services and activities already undertaken relating to the 2022 General Municipal Election, we do not anticipate the expenses to exceed $25,000 and could be substantially less. As a result, the City Council could see a savings of approximately $197,100 in the City’s General Fund for the Fiscal Year 2021-22 City Budget, due to our initial budget of $222,100 for the election. ATTACHMENTS: A.Resolution No. 21-5573 B.City Clerk’s Certification of the Fact C.Notice that there are not more candidates than offices to be elected RESOLUTION NO. 21-5573 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 8, 2022 WHEREAS, the City of Temple City has scheduled a General Municipal Election on March 8, 2022, to elect two (2) City Councilmembers; and WHEREAS, at the close of nomination period on December 10, 2021, the only candidate papers received and verified by the City Clerk for the office of the City Councilmember; and WHEREAS, on December 10, 2021, 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 W HEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on December 10, 2021, 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. W HEREAS, a notice was posted on December 14, 2021 in the Civic Center bulletin board and published on December 16, 2021, in a newspaper of general circulation pursuant to law (Chinese, Spanish, and English). 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 two 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 OFFICE TERM Tom Chavez City Council March 8, 2022 – March 3, 2026 Vincent Yu City Council March 8, 2022 – March 3, 2026 SECTION 2. The election scheduled to be held on Tuesday, March 8, 2022, 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 21, 2021. ATTACHMENT A Resolution No. 21-5573 Page 2 of 2 Vincent Yu, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Greg Murphy, City Attorney I hereby certify that the foregoing resolution, Resolution No. 21-5573, was adopted by the City Council of the City of Temple City at a regular meeting held on the 21st day of December, 2021 by the following vote: AYES: Councilmember – NOES: Councilmember – ABSTAIN: Councilmember – ABSENT: Councilmember – Peggy Kuo, City Clerk 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 8, 2022: As of the close of the nomination period on December 10, 2021, there are not more candidates than offices to be elected. The persons so nominated are: Tom Chavez Vincent Yu 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 elector 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 posted on the Civic Center Bulletin Board on December 14 and published on December 16, 2021 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 Date Posted: 12/14/2021 ATTACHMENT B 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 8, 2022: As of the close of the nomination period on December 10, 2021, there are not more candidates than offices to be elected. The person(s) so nominated are: Tom Chavez and Vincent Yu 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 elector (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 21, 2021, 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 16, 2021 ATTACHMENT C