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CC - Item 5A - March 3, 2020 General Municipal ElectionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER J, 0 DATE: DECEMBER 17, 2019 SUBJECT: MARCH 3, 2020, GENERAL MUNICIPAL ELECTION SUMMARY The nomination period for the March 3, 2020, General Municipal Election was held from Monday, November 12, 2019, through Friday, December 6, 2019. At the close of the nomination period, the following individuals were nominated: Sean Dang and Polly Low. There being no more candidates than offices being nominated, the City Council must take action by adopting a resolution to cancel the March 3, 2020, General Municipal Election and appoint the nominated individuals to a new four-year term as City Council Members. DISCUSSION Under the State Election 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 the City's Election Official (City Clerk) shall submit a certificate of these facts (Attachment A) to the governing body (City Council) of the City and request the governing body adopt one of the following courses of action at a regular or special meeting held before the municipal election: 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); or 3. Determine to hold the election if either no one or only one person has been nominated (not applicable). The City Council's decision must occur by the 75th day (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. AGENDA ITEM 5.A Special City Council Meeting December 17, 2019 Page 2 of 2 At this time, City Council can adopt Resolution No. 2019-71 (Attachment B) and exercise its option to appoint the nominees to those offices and cancel the March 3, 2020, General Municipal Election. STAFF RECOMMENDATION That the City Council adopt Resolution No. 2019-71, cancelling the March 3, 2020, election and appointing Sean Dang and Polly Low each to four-year terms of office as City Councilmembers. FISCAL IMPACT Staff has yet to receive invoices for services and activities already undertaken in relation to the 2020 General Municipal Election which include noticing requirements and translation costs in four languages, and election supplies. Staff does not anticipate these expenses to exceed $13,000. Cancelling the March 3, 2020 election would yield an estimated saving of $105,000 to account 101-1115-5699. STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: M��, Hernandez, City Clerk Attachment A: City Clerk's Certificate of Fact Attachment B: Resolution No. 2019-71 Attachment C: Notice that there are not more candidates than offices to be elected Attachment A Certificate of Fact CITY CLERK (CITY'S ELECTIONS OFFICIAL) CERTIFICATION THAT THERE ARE NO MORE CANDIDATES THAN OFFICES TO BE ELECTED I, Ericka Hernandez, City Clerk of City of Rosemead, do hereby certify, pursuant to Section 10229 of the Election Code of the State of California, to the following facts relating to the General Municipal election for the City of Rosemead to be held on Tuesday March 3, 2020: As of the close of nomination period on Friday, December 6, 2019, there are no more candidates than office to be elected: Sean Dang Polly Low Section 10229 of the Election 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; or 2. Appoint to the office any eligible voter if no one has been nominated, or 3. Hold the election if either no one or only one person has been nominated. The City Council may meet to either make the appointments and cancel the election for the City of Rosemead, or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for office. If, by the 75th day before the municipal election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held. If the City Council makes an appointment pursuant to Section 10229 of the Election Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Ericka Hernandez, City Clerk Dated: City Clerk Dated: December 17, 2019 Attachment B Resolution No. 2019-7 RESOLUTION NO. 2019-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, 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 Rosemead has scheduled a General Municipal Election on March 3, 2020, to elect two (2) City Councilmembers; and WHEREAS, on December 17, 2019, the City Clerk submitted a written certification to the City Council providing there are no more candidates nominated for the office of 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, 2020, there are no 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 7, 2019 at all designated locations pursuant to Rosemead Municipal Code Section 1.08.010; and published on December 11, 2019 (English, Spanish, Chinese, and Vietnamese) in newspapers of general circulation pursuant to law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY 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 Sean Dang City Council March 3, 2020 — March 5, 2024 Polly Low City Council March 3, 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. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 17t' day of December, 2019. Margaret Clark, Mayor ATTEST: Ericka Hernandez, City Clerk APPROVED AS TO FORM: Rachel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2019-71, was duly adopted by the City Council of the City of Rosemead, California, at a special meeting thereof held on the 17th day of December, 2019, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk Attachment C Notice of No More Candidates for Election 2020 MAYOR: MARGARET CLARK MAYOR PRO TEM: SANDRA ARMENTA COUNCIL MEMBERS: SEAN DANG POLLY LOW STEVEN LY City of q?9semead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 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 Rosemead 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 persons so nominated are: Sean Dan,g Polly Low 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 Tuesday, December 17, 2019, to either make the appointments or direct an election to be held. The persons 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 offices 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. 2!�� Ericka Hernandez, City Clerk Date Posted at Designated Posting Locations — December 7, 2019 Date Published — December 11, 2019 MAYOR: MARGARET CLARK MAYOR PRO TEM: SANDRA AFAENTA COUNCIL MEMBERS: SEAN DANG POLLY LOW STEVEN LY City of gZqsemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 %10229Tf*-�, �,Qt, gf �^20200A 3 H OR=ltVW (( ))10229f1,r R , B djlL: "�R-ff1 f tZ--: I. f± p-;RW8J`#Pfig'Aa o 2. 3. ja-ft�4t±-20194-:12)� 17 H A= 0 IT * AA, 5 19 1& Lh 11 -A-, Rl 4"a`T�RfT 9 JAo Glx l p -n, I%, OWM AT,1`— �tQ (1) --A (2) rffTjPp-fjN%, PfJ;Pfff UZMM)10229Tf*,M)hZTlep-, Pl- AE gTi- zt1f n 2f� N M •!/ wl if_ Ericka Hernandez, r� f. a pZ r± fE--1tT9�ftMT-,M n H M - 2019Iff12A 7 H f� H M - 2019 12A 11 k] MAYOR: MARGARET CLARK MAYOR PRO TEM: SANDRA ARMENTA COUNCIL MEMBERS: SEAN DANG POLLY LOW STEVEN LY City of gZqsemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 5 69-2 100 FAX (626) 307-9218 AVISO DE QUE NO HAY MAS CANDIDATOS QUE LOS PUESTOS A SER ELEGIDOS POR MEDIO DEL PRESENTE SE DA AVISO que conforme a la § 10229 del C6digo Electoral del Estado de California relativo a la Elecci6n Municipal General en la Ciudad de Rosemead que se celebrard el martes, 3 de marzo de 2020. Al cierre del periodo de nominaciones el 6 de diciembre de 2019, no hay mas candidatos que puestos a ser elegidos. Las personas asi nominadas son: Sean Dana Poll Que la § 10229 del C6digo Electoral permite que uno de los siguientes cursos de acci6n se tome por el Concejo Municipal: 1. Designar al puesto a la(s) persona(s) que ha(n) sido nominada(s). 2. Designar al puesto a cualquier votante elegible si nadie ha sido nominado. 3. Celebrar la elecci6n si ya sea nadie o s6lo una persona ha sido nominada. El Concejo Municipal se reunirA el martes, 17 de diciembre de 2019, para ya sea hacer las designaciones u ordenar que se celebre una elecci6n. Las personas designadas, si alguna, calificaran y asumiran el cargo y serviran exactamente como si fueran elegidas en una elecci6n municipal para el puesto. Si, para el dia 75 antes de la elecci6n municipal, no se ha designado a ninguna persona para los puestos de acuerdo con (1) 6 (2) arriba, la elecci6n se llevard a cabo. Si el Concejo Municipal hace una. designaci6n de conformidad con la § 10229 del C6digo Electoral, el Secretario de la Ciudad no aceptard la presentaci6n de ninguna declaraci6n de candidatura indicada por escrito que se presente despues de que se lleve a cabo la designaci6n. Ericka Hernandez, Secretaria Municipal Fecha de Anuncio en Ubicaciones Designadas para Anunciar — 7 de diciembre de 2019 Fecha de Publicaci6n — 11 de diciembre de 2019 MAYOR: MARGARET CLARK MAYOR PRO TEM: SANDRA ARMENTA COUNCIL MEMBERS: SEAN DANG POLLY Low STEVEN LY City of Wgsemead 8838 E. VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 307-9218 THONG BAO RANG SO frNG Cir VIEN DA KHONG NHIEU HON SO GHE CHIft VU SE WOC BAU NAY THONG BAO rang chieu theo Dieu § 10229 cua Bo Ludt Bau Cfr cua Tieu Bang California lien quan den Cuoc Tong Tuyen Cir Thanh Pho trong Thanh Pho Rosemead se to chirc vao Thir Ba, 3 thang Ba, 2020. Tinh den lilc ket thuc thai gian ung cir vao ngay 6 thang Muoi Hai, 2019, so ung cu vien da khong nhieu hon so ghe chic vu se duac bau Nhfxng ca nhan da duac de cu la: Sean Dang Margaret Clark Rang dieu § 10229 cua Bo Ludt Bau Cir cho phep Hoi Dong Thanh Ph 0^ thixc hien mot trong nhfxng dieu sau day: 1. Bo nhiem vao ghe chic vu (nhung) ngtr&i da duac de cir. 2. Bo nhiem vao ghe chdc vu bat ky mot cir tri nao du to cach bo phieu neu khong co ai duoc de cu•. 3. To chic bau cir neu molt la khong ai hoac chi c6 mot ngtr&i duac de cir. Hoi Dong Thanh Pho se hop vao,Thi