CC - 2023-76 - Providing For The Appointment To The Offices of This City That Were To Be Elected On Tuesday, March 5, 2024RESOLUTION NO. 2023-76
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 5, 2024
WHEREAS, the City of Rosemead has scheduled a General Municipal Election on March 5,
2024, to elect two (2) City Councilmembers; and
WHEREAS, on December 14, 2023, 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 8, 2023, 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:
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, 2023 at all designated locations
pursuant to Rosemead Municipal Code Section 1.08.010; and
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, ate 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 5, 2024 — March 3, 2028
Polly Low City Council March 5, 2024 — March 3, 2028
SECTION 2. The election scheduled to be held on Tuesday, March 5, 2024 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 14'h day of December, 2023
Steven Ly, M#or
ATTEST:
EST:
Erirka 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. 2023-76, was duly adopted by the City
Council of the City of Rosemead, California, at a special meeting thereof held on the 14th day of
December, 2023, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LY AND LOW
NOES: NONE
01MU1�YMEN61101N0
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 5, 2024:
As of the close of nomination period on Friday, December 8, 2023, 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.
ErieCa HemwL&z, City Clerk
Dated: City Clerk Dated: December 14, 2023