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HomeMy WebLinkAbout02. Consider Appt. to Council Dist. No. 2 & Cancel Council Dist. No. 2 ElectionFROM -To. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCtITY MANAGER OFFICE OF BY: M. ALICIA DUARTE, CMC, CITY CLERK RECOMMENDATION Staff recommends that the City Council appoint Sean Ashton to represent Council District No. 2; cancel the Council District No. 2 election; and, adopt the following Resolution: i • • r • i' •r • • • •r 'r i 1 r • i � • " i • r • 1 '' -Mr WOO . i On June 28, 2018, pursuant to Downey City Charter Sections 1300 and 1302, the City Council adopted Resolution No. 18-7818, calling for a General Municipal Election to be held on Tuesday, November 6, 2018, for the purpose of electing City Council Members for Council District Nos. 2 and 4. As of the close of business on Friday, August 10, 2018, the legal deadline to file nomination papers, only one person, incumbent Sean Ashton, filed nomination papers to run for the office of City Council Member representing Council District No. 2. DISCUSSION It is recommended that the City Council adopt a Resolution appointing Sean Ashton to the City Council to represent Council District No. 2 for a period of four years in lieu of an election, and cancelling the November 6, 2018, General Municipal Election for Council District No. 2, pursuant to California Elections Code Section 10229. The election for City Council District No. 4 will take place as scheduled. Elections Code Section 10229 provides that if by the statutory nomination filing deadline, August 10, 2018, there are not more candidates than offices to be elected in any legislative district, and if there are also no Citywide offices or measures on the ballot, then the Elections Official shall certify these facts to the City Council, publish a notice of the same, and after the fifth date of such publication, the City Council may take one of three courses of action: CONSIDER APPOINTMENT TO COUNCIL DISTRICT NO. 2 AND CANCEL THE GENERAL MUNICIPAL ELECTION FOR COUNCIL DISTRICT NO. 2 AUGUST 22, 2018 +-, PAGE 2 1. The City Council may appoint to the office the person who has been nominated; or 2. The City Council may appoint to the office any eligible voter if no one has been nominated (not applicable here) or, 3. The City Council may determine to hold the election if either no one or only one person has been nominated. The Elections Official has provided the required certification to the City Council that there are not more candidates than offices to be elected in Council District No. 2 (see Exhibit A). Further, the Elections Official caused to be published in The Downey Patriot on August 16, 2018, a "Notice that There are not More Candidates than Offices to be Elected in Electoral District No. 2" providing the facts set forth herein and notifying of the City Council's authority to either appoint the nominated candidate and cancel the election for Council District No. 2, or not (see Exhibit B). The required five day notice period is now complete. Therefore, the City Council has the option to either appoint the sole nominee, Sean Ashton, to that office and to cancel the City election in Council District No. 2, or hold the election in District No. 2. If the City Council makes an appointment, the City would realize an estimated cost savings in the range of $23,700, because there would be no need for election services for District No. 2 from the Registrar of Voters of the County of Los Angeles. Mr. Ashton would take office and serve exactly as if elected at the General Municipal Election starting his new term in December 2018 representing Council District No. 2. The election for City Council District No. 4 will take place as scheduled. Should the City Council wish to hold the election instead of making the appointment immediately, therewouldbe a limited opportunity for one or more write-in candidates to qualify for the election. Only write-in candidates who have properly qualified may be considered in the vote tally. To qualify as a write-in candidate, a person generally must follow the same process as becoming a traditional candidate: they must file with the Elections Official certain basic information and must submit the proper number of signatures nominating that person as a write- in candidate. Write-in candidates must file their completed forms between 57 and 14 days prior to the election. If no official write-in candidates are qualified, Mr. Ashton would only need a single vote to be declared a victor in the election;: It is recommended that the City Council appoint Sean Ashton and cancel the election in Council District No 2, since there are no other nominees and the City Council could realize an estimated cost of $23,700, for the election in District No. 2. Lel Fiscal Responsibility FISCAL IMPACT If the City Council chooses to hold the election, the City will incur election costs for Council District No. 2. City Council appointment of the nominee and cancellation of the election will result in an estimated cost savings to the City in the range of $23,700. CONSIDER APPOINTMENT TO COUNCIL DISTRICT NO. 2 AND CANCEL THE GENERAL MUNICIPAL ELECTION FOR COUNCIL DISTRICT NO. 2 AUGUST 22,2018 PAGE 3 ATTACHMENTS Attachment A: Resolution Appointing Sean Ashton to Council District No. 2 and Cancelling the Council District No. 2 General Municipal Election Attachment B: Exhibit A — Certification Notice to the City Council 0 WHEREAS, on June 26, 2018, pursuant to Downey City Charter Sections 1300, the City Council of the City of Downey called for the holding of a General Municipal Election to beheld on Tuesday, November 6, 2018, for the purpose of electing two members of the City Council for full terms of four years. One member to be elected by the voters of District No. 2; and, one member to be elected by the voters of District No. 4; and, WHEREAS, as of the close of the nomination; period on Friday, August 10, 2018, only one person filed nomination papers to run for the office of City Council Member representing Council District No. 2; and, WHEREAS, there are, therefore,_ not more candidates than offices to be elected for the City of Downey Council District No. 2 for the November 6, 2018, election; and, WHEREAS, because of the above facts, Section 10229 of the California Elections Code allows the City Council to take one of the following courses of action: 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. WHEREAS, pursuant to Section 10229 of the California Elections Code, a notice, herein attached and incorporated by reference as Exhibit "A", was published on August 16, 2018, in The Downey Patriot, certifying these facts and the courses available to the City Council; and, WHEREAS, pursuant to Section 10229 of the California Elections Code,_ if by the 75tn day before the scheduled General Municipal Election, August 23, 2018, no person has been appointed to this office pursuant to (1) or (2) above, the election for Council District No. 2 is required to be held along with all other elective offices on the ballot. If an appointment is made to this office, the General Municipal Election for Council District No. 2 must be cancelled, but the General Municipal Election will be held forallother elective offices on ballot; and, WHEREAS, an appointment in lieu of an election for Council District No. 2 could result in a cost savings to the City in the estimated range of $23,700; and, WHEREAS, if the City Council makes an appointment pursuant to Section 10229 of the California Elections Code, the City Clerk/Elections Official shall not accept for filing any statement of write-in candidacy for City Council Member from Council District No. 2 which is submitted after the appointment is made; and, WHEREAS, the election for City Council District No. 4 will take place as scheduled; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, _;•RE, THE CITY COUNCIL OF OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS - SECTION 1. That the above recitals are true and correct. SECTION 2. Pursuant to Section 10229 of the California Elections Code, the following action is taken; The following person is appointed to the office to which he was nominated, and is considered to be the same as being elected, pursuant to Section 10229(x)(3) of the California Elections Code: NAME OFFICE TERM Sean Ashton City Council Member 4 years Council District No. 2 (expires November, 2022) SECTION 3. Pursuant to Section 10229 of the California Elections Code, the General Municipal Election scheduled to be held on Tuesday, November 6, 2018, to elect a candidate for City Council Member from Council District No. 2 is hereby cancelled due to the fact that there is not more than one nominee who chose to run for that office, and the City Council has made the above appointment. The General Municipal Election shall still be held to elect a candidate for City Council Member from Council District No. 4 SECTION 4. The person appointed shall qualify and take office and serve exactly as if elected at the General Municipal Election for the office. SECTION 6. The City Clerk shall notify the Los Angeles County Registrar of Voters of the City Council's action. SECTION 6. This Resolution shall take effect immediately upon its adoption. SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution. APPROVED AND ADOPTED this 22nd day of August, 2018: SEAN ASHTON, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk W-11cl =W I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a special meeting held on the 22 nd day of August, 2018 by the following vote, to wit: AYES: Council Members: Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton NOES: Council Member: None. ABSENT: Council Member: None. ABSTAK Council Member: None. MARIAALICIA DUARTE, CMC City Clerk c4db6iA74�y F' 01 to]• : ! o'"I0 9 • Section1, Maria Alicia Duarte, City Clerk of the City of Downey, do hereby certify pursuant t 1 a Elections Code of - State of • to the following facts relating t• Municipalthe General - • • be - • on Tuesday, • 1 As of - close of - nomination period on r August 10, 2018,only • - person filedhas nomination papers to fill the City Council- •r Electoral District No. up for election at the November 6 election. Therefore, there are not more candidates than offices to be elected • of Downey - • . District 610 -MRM • SectionThat II • of - Elections Code• • - of - following courses of • Municipalto be taken by the City Council at a regular or special meeting held before the General Election: ' ••• • - • : - • • • r - §__ 0 Zt A notice of these facts will be published on August 16, 2018, in a newspaper of general circulation in the city pursuant to Section 6061 of the Government Code. After the fifth day following the date of the publication, the City Council will meet to either make the appointment and cancel the election for that office or direct an election to be held. The person 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 General Municipal Election, no person has been appointed to this office pursuant to (1) or (2) above, the election for Electoral District No. 2 shall be held along with all other elective offices on the ballot. If an appointment is made to this office, the General Municipal Election for Electoral District No. 2 will be cancelled, but will be held for all other elective offices on the ballot. If the City Council makes an appointment pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy for City Council Member from District No. 2 which is submitted after that appointment is made. Maria Alicia Duarte, CMC City Clerk NOTICEON pursuant to Section 10229 of - Elections Codeof - State •: California relating to the General Municipal- • - City of Downey • be held on Tuesday,• 2018, filedAs of the close of the nomination period on Friday� August 10, 2018� only one person has nomination papers to fill the City Council- •r Electoral District No. up for election at the November 6 election. Therefore, there are not more candidates than offices to be elected • of Downey ElectoralDistrict No. 2 forthe November 6 election. C��R�i�i •7i1 CouncilBecause of the above facts, Section 10229 of the Elections Code allows the City • take one of - following courses of 1. Appoint to the office the •- • who been • _ -r F Appoint to the office any eligible s - • • - else has been •,, -• 3. • • the election if either • one or only • - person has been nominated. At special•uncil meeting to be held on • i 1 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Ave. Downey, CA 90241, the City Council will consider whether to make an appointment and cancel the election for that office or direct an election to be held. The person appointed, if any, shall qualify • take office and serve exactly as if elected •. election f• - office. If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the Elections Official shall not accept for filing any statement of write-in candidacy for City Council Member from Electoral District No. 2 which is submitted after the appointment is made. If by the 75th day before the General Municipal Election, no person has been appointed to this office pursuant to (1) or (2) above, the election for Electoral District No. 2 shall be held along with all other elective offices on the ballot. If an appointment is made to this office, the General Municipal Election for Electoral District No. 2 will be cancelled, but will be held for all other elective offices on the ballot. Maria Alicia Duarte, City Clerk August 16, 2018