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HomeMy WebLinkAbout7291 RESOLUTION NO. 7291 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, 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 WHEREAS, on December 3, 2019, 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 14, 2020, for the purpose of electing City Council Members representing Electoral Districts No. 1 and 4 and a City Clerk At-Large position to terms of four years and seven months; and WHEREAS, as of the close of the nomination period on Friday, January 17, 2020, only one person filed nomination papers to run for the office of City Clerk; and WHEREAS, there are, therefore, not more candidates than offices to be elected as City Clerk for City of Arcadia for the April 14, 2020, 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 23, 2020, 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 30, 2020), no person has been appointed to this office pursuant to (1) or (2) above, the election for City Clerk 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 City Clerk 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 City Clerk could result in a cost savings to the City of $116,000; 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 Clerk 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: 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: 2 NAME OFFICE TERM Gene Glasco City Clerk 4 years, 7 months (expires November, 2024) SECTION 3. Pursuant to Elections Code Section 10229, the all-mail ballot General Municipal Election scheduled to be held on Tuesday, April 14, 2020, to elect a candidate for City Clerk 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. 1 and 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 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 28th day of January, 2020. el —it(LIZ& Ma`�r of the City of Arcadia ATTEST: CI Clerk APPROVED AS TO FORM: • 67(4:4 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. 7291 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 28th day of January, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Amundson, Beck, Chandler, and Verlato NOES: None ABSENT: Tay y Clerk o the City of Arcadia 5 NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED FOR THE POSITION OF ELECTED CITY CLERK AT THE APRIL 14, 2020 GENERAL MUNICIPAL ELECTION FOR THE CITY OF ARCADIA NOTICE IS HEREBY GIVEN pursuant to Section 10229, Elections Code of the State of California, of the following facts relating to the General Municipal Election in the City of Arcadia to be held on Tuesday, April 14, 2020, that: 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 Because of the facts above, Section 10229 of the Elections Code allows one of the following courses of action: 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. At a Special Meeting of the Arcadia City Council on January 28, 2020, 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, 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. If, by the 75'h 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. inda Rodriguez, Assist. t City Clerk Elections Official City of Arcadia Dated: January 22, 2020 Exhibit "A"