Item No. 1
Town of Atherton
CITY COUNCIL STAFF REPORT – SPECIAL AGENDA
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ANTHONY SUBER, DEPUTY CITY MANAGER/ CITY CLERK
DATE: AUGUST 20, 2024
SUBJECT: CONSIDER ADOPTING A RESOLUTION TO APPOINT TWO (2) QUALIFIED CANDIDATES FOR THE NOVEMBER 5, 2024
BALLOT FOR CITY COUNCIL AND CANCEL THE ATHERTON
CITY COUNCIL ELECTION IN ACCORDANCE WITH
ELECTION CODE 10229
RECOMMENDATION
It is recommended that the Council consider adopting a Resolution to appoint two (2) qualified candidates for the November 5, 2024 ballot for City Council and consider cancellation of the Atherton City Council election in accordance with Election Code 10229.
BACKGROUND
The candidate filing period for the November 5, 2024, election closed on Friday, August 9, 2024, at 5:00 PM. Two (2) candidates for City Council (Diana Hawkins-Manuelian and Elizabeth Lewis) qualified for the open seats to be voted on at the General Municipal Election on Tuesday, November 5, 2024.
Elections Code 10229 states that if there are not more candidates qualified for the ballot than offices to be elected at a municipal election, one of the following courses of action may be taken by the City Council;
1. Appoint to the office the person(s) who have been nominated;
2. Appoint to the office any eligible voter if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated.
Option number 2 is not applicable because two (2) candidates have completed the nomination process during the candidate filing period qualifying for the ballot.
By Resolution, the City Council may appoint Diana Hawkins-Manuelian and Elizabeth Lewis to the offices to which they were nominated. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
Cancelling November 2024 Municipal Election
AUGUST 20, 2024
A notice of publication that there are not more candidates than offices to be elected must be published in a newspaper of general circulation for at least five (5) days before the City Council can take action on Election Code § 10229. A notice ran in the Palo Alto Daily Post and San Mateo Daily on August 15, 2024 and the Almanac on August 17, 2024.
If the City Council does not take action to appoint the candidates by the 75th day before the election, August 22, 2024, EC 10229 states that the election will be held. This would allow for write-in candidates. If the Council makes the appointment and cancellation pursuant to EC 10229, the City Clerk shall not accept any filing documents or nomination documents of write-in candidates submitted after the appointment is made.
Public notification of the nomination period consisted of a Notice of Election published in local newspapers, electronic distributions, and other election outreach included across various Town channels.
FISCAL IMPACT
If the Council chooses to appoint the two (2) qualified candidates to office and cancel the election, the $12,000 budgeted for FY24/25 elections costs will be returned to the Unallocated General Fund.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area A – Maintain Fiscal Responsibility
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned
POLICY FOCUS
The recommendations in this report are consistent with Town policies and Council Goals. If the Council chooses to cancel the election the two nominees would assume office in December 2024 and serve exactly as if elected at the election. The City Council opted to cancel elections based on numbers of qualified candidates in 2016 and 2018.
If Council chooses not to cancel the election nomination papers for write-in candidates can be accepted from September 9 to October 22, 2024.
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Cancelling November 2024 Municipal Election
AUGUST 20, 2024
Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
1. Cancel the Election -Resolution
2. Notice of Facts (Exhibit A to Resolution)