CC - Item 2A - March 5, 2024 General Municipal Election MattersROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER"/"
DATE: DECEMBER 14, 2023
SUBJECT: MARCH 5, 2024, GENERAL MUNICIPAL ELECTION
SUMMARY
The nomination period for the March 5, 2024, General Municipal Election was held from
Monday, November 13, 2023, through Friday, December 8, 2023. 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 5, 2024, General Municipal Election and appoint the nominated
individuals to a new four-year term as City Council Members.
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 75"' day (December 21, 2023) 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 2.A
Special City Council Meeting
December 14, 2023
Page 2 of 2
At this time, City Council can adopt Resolution No. 2023-76 (Attachment B) and exercise its
option to appoint the nominees to those offices and cancel the March 5, 2024, General Municipal
Election.
STAFF RECOMMENDATION
That the City Council adopt Resolution No. 2023-76, cancelling the March 5, 2024, 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
2024 General Municipal Election which include noticing requirements and translation costs in
four languages, and election supplies. Staff does not anticipate these expenses to exceed $5,000.
Cancelling the March 3, 2024 election would yield an estimated saving of $115,000 to account
101-1115-5451.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ericka Hernandez, City Clerk
Attachment A: City Clerk's Certificate of Fact
Attachment B: Resolution No. 2023-76
Attachment C: Notice that there are not more candidates than offices to be elected
Attachment A
City Clerk's 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 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.
Ericka Hernandez, City Clerk
Dated: City Clerk Dated: December 14, 2023
Attachment B
Resolution No. 2023-76
RESOLUTION 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, 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 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 14a' day of December, 2023.
Steven Ly, 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. 2023-76, was duly adopted by the City
Council of the City of Rosemead, California, at a special meeting thereof held on the 14'x' day of
December, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
Attachment C
Notice - No More Candidates
Than Offices To Be Elected
MAYOR:
Sr NLY
MAYOR PRO TEM:
MARGARET CLARK
COUNCIL MEMBERS:
SANDRA ARA A
SEAN DANG
Pout Low
City of W9semead
8838 E. VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA 91770
TELEPHONE (626) 569-2100
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 5, 2024.
As of the close of the nomination period on December 8, 2023, there are not more
candidates than offices to be elected.
The persons so nominated are:
Sean Dang
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 at a special meeting to be determined, 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.
G!�O�
Ericka Hernandez, City Clerk
Date Posted at Designated Posting Locations — December 9, 2023