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:
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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]
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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
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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
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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"