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HomeMy WebLinkAboutItem a - Cancelling the April 14, 2020, City Clerk Election DATE: January 28, 2020 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: RESOLUTION NO. 7291 APPOINTING GENE GLASCO AS CITY CLERK FOR A PERIOD OF FOUR YEARS AND SEVEN MONTHS IN LIEU OF AN ELECTION, AND CANCELLING THE APRIL 14, 2020, ALL-MAIL BALLOT GENERAL MUNICIPAL ELECTION FOR CITY CLERK, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229 Recommendation: Adopt SUMMARY On December 3, 2019, the City Council called an All-Mail Ballot General Municipal Election to be held on Tuesday, April 14, 2020, for the purpose of electing City Council Members representing Electoral Districts 1 and 4, as well as the position of Elected City Clerk. As of the close of business on Friday, January 17, 2020, the legal deadline, only one person, incumbent Gene Glasco, filed nomination papers to run for the office of City Clerk. Cancelling the uncontested election and appointing Mr. Glasco to the position will save the City approximately $116,000 in direct costs. It is recommended that the City Council adopt Resolution No. 7291 appointing Gene Glasco to the office of City Clerk for a period of four years and seven months in lieu of an election, and cancelling the April 14, 2020, All-Mail Ballot General Municipal Election for City Clerk, pursuant to California Elections Code Section 10229. BACKGROUND On December 3, 2019, pursuant to City Charter Section 1100 and Ordinance No. 2293, the City Council called an All-Mail Ballot General Municipal Election to be held in the City on Tuesday, April 14, 2020, for the purpose of electing City Council Members representing Electoral Districts 1 and 4, as well as the position of Elected City Clerk. Because the City is changing its regular election date from April to November of even- numbered years beginning in November 2022 in order to comply with SB 415, all Resolution No. 7291 Cancelling the Office of City Clerk General Municipal Election on April 14, 2020 January 28, 2020 Page 2 of 3 2 elected and appointed City Council and City Clerk terms commencing in April 2020 will be for four years and seven months to match them with the new election date (April 2020 – November 2024). DISCUSSION As of the close of business on Friday, January 17, 2020, the deadline for filing nomination papers, only one person, City Clerk incumbent Gene Glasco, filed nomination papers to run for the office of City Clerk. Elections Code Section 10229 provides that if by the statutory nomination filing deadline (January 17, 2020), 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 day after such publication, the City Council may take one of three courses of action: 1. The City Council may appoint to the office the person who has been nominated; 2. The City Council may appoint to the office any eligible voter if no one has been appointed (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 the offices to be elected as City Clerk. (See Exhibit “A”) Further, the Elections Official caused to be published in the Pasadena Star News on January 23, 2020, a “Notice that There are not More Candidates than Offices to be Elected for the Position of Elected City Clerk”, providing the facts set forth herein and notifying of the City Council’s authority to either appoint the nominated candidate and cancel the election, 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 (Mr. Glasco) to that office and to cancel the City’s election for City Clerk, or to hold the election. If the City Council makes an appointment, the City would experience a cost savings in the range of $116,000 because there would be no need to print, mail, and process ballots for the citywide election. Mr. Glasco would take office and serve exactly as if elected at the General Municipal Election starting his new term in April 2020. Should the City Council wish to hold the election instead of making the appointment immediately, there would be 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 Resolution No. 7291 Cancelling the Office of City Clerk General Municipal Election on April 14, 2020 January 28, 2020 Page 3 of 3 3 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 days and 14 days prior to the election. If no official write-in candidates are qualified, Mr. Glasco would only need a single vote to be declared the victor in the election. It is recommended that the City Council appoint Mr. Glasco and cancel the election for the position of Elected City Clerk since there are no other nominees at this time for the open office and the City could avoid up to $116,000 in costs. ENVIRONMENTAL ANALYSIS This action does not require an environmental determination, as it is not considered a project under the California Environmental Quality Act (“CEQA”). FISCAL IMPACT If the City Council chooses to hold the election, the City will incur costs of conducting an at-large election. City Council appointment of the nominee and cancellation of the election will result in a cost savings to the City in the range of $116,000. Funds in the amount of $225,000 have been set aside in the City Clerk’s budget for Fiscal Year 2019-20 for the April 14, 2020, election. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7291 appointing Gene Glasco to the office of City Clerk for a period of four years and seven months in lieu of an election, and cancelling the April 14, 2020, All-Mail Ballot General Municipal Election for City Clerk, pursuant to California Elections Code Section 10229. Attachments: Exhibit “A” – City Clerk’s Certificate Exhibit “B” – Published Notice Resolution No. 7291 Exhibit “A” CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED FOR THE POSITION OF ELECTED CITY CLERK I, Linda Rodriguez, Assistant City Clerk of the City of Arcadia, do hereby certify pursuant to Section 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, April 14, 2020: As of the close of the nomination period on Friday, January 17, 2020, only one person has filed nomination papers to fill the seat of Elected City Clerk that is up for election at the April 14, 2020 election. Therefore, there are not more candidates than offices to be elected for City Clerk of the City of Arcadia. The person so nominated is: Gene Glasco That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council at a regular or special meeting held before the General Municipal Election: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible elector if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. A notice of these facts will be published on January 23, 2020, 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 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 the office pursuant to (1) or (2) above, the election for City Clerk 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 City Clerk 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 Elections Official shall not accept for filing any statement of write-in candidacy for City Clerk which is submitted after the appointment is made. Linda Rodriguez, Assistant City Clerk Elections Official Dated: January 22, 2020 Exhibit "A"