Loading...
HomeMy WebLinkAbout7201 RESOLUTION NO. 7201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPOINTING SHO TAY TO THE CITY COUNCIL TO REPRESENT ELECTORAL DISTRICT NO. 3 FOR A PERIOD OF FOUR YEARS AND SEVEN MONTHS IN LIEU OF AN ELECTION, AND CANCELLING THE APRIL 10, 2018, ALL-MAIL BALLOT GENERAL MUNICIPAL ELECTION FOR CITY COUNCIL MEMBER FROM ELECTORAL DISTRICT NO. 3, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229 WHEREAS, on December 5, 2017, pursuant to City Charter Section 1100 and Ordinance No. 2293, the City Council of the City of Arcadia called an All-Mail Ballot General Municipal Election to be held in the City on Tuesday, April 10, 2018, for the purpose of electing City Council Members to terms of four years and seven months, representing Electoral Districts No. 2, 3 and 5; and WHEREAS, as of the close of the nomination period on Friday, January 12, 2018, only one person filed nomination papers to run for the office of City Council Member representing Electoral District No. 3; and WHEREAS, there are, therefore, not more candidates than offices to be elected for City of Arcadia Electoral District No. 3 for the April 10, 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 January 20, 2018, in the Pasadena Star News, 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 (Thursday, January 25, 2018), no person has been appointed to this office pursuant to (1) or (2) above, the election for Electoral District No. 3 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 Electoral District No. 3 must be cancelled, but the General Municipal Election will be held for all other elective offices on the ballot; and WHEREAS, an appointment in lieu of an election for Electoral District No. 3 could result in a cost savings to the City in the range of $14,000 to $15,000; 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 Councilmember from Electoral District No. 3 which is submitted after the appointment is made; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND 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: 2 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(a)(3) of the California Elections Code: NAME OFFICE TERM Sho Tay City Council Member 4 years, 7 months Electoral District No. 3 (expires November, 2022) SECTION 3. Pursuant to Elections Code Section 10229, the all-mail ballot General Municipal Election scheduled to be held on Tuesday, April 10, 2018, to elect a candidate for City Council Member from Electoral District No. 3 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 candidates for City Council Member from Electoral Districts No. 2 and 5. 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 5. The City Clerk shall certify to the passage and adoption of this Resolution and so notify the Los Angeles County Registrar of Voters of the City Council's action, and enter the City Council's action into the official minutes and into the book of original resolutions. SECTION 6, Effective Date. This Resolution becomes effective upon its adoption. [SIGNATURES ON FOLLOWING PAGE] 3 Passed, approved, and adopted this 25th day of January, 2018. 01, Mayor of the City of Arcadia ATTEST: joi Ci y " erk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7201 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a special meeting of said Council held on the 25th day of January, 2018 and that said Resolution was adopted by the following vote, to wit: AYES: Chandler, Verlato, Tay, and Amundson NOES: None ABSENT: Beck it CI of the-C' y of Arcadia 5 NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED IN ELECTORAL DISTRICT NO. 3 AT THE APRIL 10, 2018 GENERAL MUNICIPAL ELECTION FOR THE CITY OF ARCADIA 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 Arcadia to be held on Tuesday, April 10, 2018, that: As of the close of the nomination period on Friday, January 12, 2018, only one person has filed nomination papers to fill the City Council seat for Electoral District No. 3 that is up for election at the April 10 election. Therefore, there are not more candidates than offices to be elected for City of Arcadia Electoral District No. 3 for the April 10 election. The person so nominated is: Sho Tay 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 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 January 25, 2018, 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 persons 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, the Elections Official shall not accept for filing any statement of write-in candidacy for City Councilmember from Electoral District No. 3 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. 3 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. 3 will be cancelled, but will be held for all other elective offices on the ballot. January 18, 2018 Z✓y {, ,c‘2"—\\ Lisa IVlussenden, Elections Official Chief beputy City Clerk/ Records Manager City of Arcadia Exhibit "A"