HomeMy WebLinkAboutResolution No. 18-7838-Appointing Sean Ashton to Represent Council District No. 2 & Cancelling the Election for District 2RESOLUTION OF • OF OF DOWNEY
APPOINTING• TO REPRESENT COUNCILDISTRICT NO.
• ;- A PERIOD OF • OF • AND
NOVEMBERCANCELLING THE 1 : GENERAL MUNICIPAL ELECTION
FOR •UNCIL MEMBER FROM COUNCIL DISTRICT NO.
CALIFORNIAPURSUANT TO fNS CODE SECTION 10229
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 be held
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 75th
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 beheld for all other elective offices on the 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 makesanappointment 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,
-A'ESOLUTION NO. 18-7811
?�AGE 3
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council
the City of Downey at a special meeting held on the 22 nd day of August, 2018 by the followin
vote, to wit: 11
AYES:
Council Members:
Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN-
Council Member:
None.
NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED IN ELECTORAL DISTRICT NO. 2
AT THE NOVEMBER 6, 2018 GENERAL MUNICIPAL
ELECTION FOR THE CITY OF DOWNEY
NOTICE IS HEREBY GIVEN pursuant to Section 10229 of the Elections Code of the
State of California relating to the General Municipal Election in the City of Downey to be
held on Tuesday, November 6, 2018, that:
As of the close of the nomination period on Friday, August 10, 2018, only one person
has filed nomination papers to fill the City Council seat for Electoral District No. 2 that is
up for election at the November 6 election. Therefore, there are not more candidates
than offices to be elected for City of Downey Electoral District No. 2 for the November 6
election.
The person so nominated is:
Sean Ashton
Because of the above facts, Section 10229 of the 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 else has been nominated.
3. Hold the election if either no one or only one person has been nominated.
At a special City Council meeting to be held on August 22, 2018, at 4:30 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
and take office and serve exactly as if elected at a municipal election for the 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 75t" 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, CMC
City Clerk
August 16, 2018
1 • _