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CC - 2019-71 - Providing for the Appointment to the Offices that were to be Elected on March 3, 2020 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 tete 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 off-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, 2020 —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 171' day of December, 2019. = Margaref/Clark, Mayor ATTEST: � 1110 _� P1 A Erieka. ernandez, City Clerk APPROVED AS TO FORM: 401' Alifr 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: ARMENTA, CLARK, DANG, LOW NOES: NONE ABSENT: LY . ABSTAIN: NONE / . Ericka Hernandez, City Clerk 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. 174 Ericka Hernandez, City Clerk Dated: City Clerk Dated: December 17, 2019