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TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to adopt 1) Resolution No. 22-50 - A Resolution providing for the appointment to the office of Council Member District 3 that was scheduled for election on Tuesday, November 8, 2022; and 2) Resolution No. 22-51 – A Resolution cancelling the General Municipal Election scheduled for Tuesday, November 8, 2022, for Council Member District 3, pursuant to Elections Code Section 10229.
DATE: August 24, 2022
EXECUTIVE SUMMARY
As to Council District 3 only, at the close of the nomination period on Friday, August 12, 2022, at 5:00 p.m., there were no more candidates than offices to be elected at the November 8, 2022, General Municipal Election.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution Nos. 22-50 and 22-51; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The estimated cost to conduct the election s for three City Council offices (Districts 1, 3, and 5) by the Los Angeles County Registrar-Recorder’s Office is $88,983.62. Should the City Council exercise the option of appointing the nominee to the office of Council Member District 3 and cancelling the election for this office, an approximate cost savings of $27,523.85 will be realized in addition to personnel resources.
PUBLIC NOTICE
On August 18, 2022, “Notice That There Are Not More Candidates Than Offices to be Elected” was published in the Herald American (“The Wave”), Long Beach Press-Telegram, and La Opinion newspapers and posted in the City Hall Lobby, Bellflower Sheriff’s Substation, Caruthers Park, Simms Park, Thompson Park, Brakensiek Library, and the City’s website (pursuant to Elections Code §10229).
11 Staff Report - Appointment of the Nominee for Council Member District 3 and Notice of Cancellation of the November 8, 2022 General Municipal Election for This Office August 24, 2022
DISCUSSION
The California Elections Code sets forth provisions to cancel an election and appoint the person nominated to the office when the number of nominees is equal to the number of offices to be filled at the election. When Bellflower’s nomination period closed on Friday, August 12, 2022, at 5:00 p.m., there was one qualified candidate for the following office to be filled: Sonny R. Santa Ines (Council Member District 3).
One of the following courses of action can be taken by the City Council, pursuant to Elections Code §10229:
1. Appoint to the office the person who has 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 was nominated.
If the City Council decides to exercise the option of appointing the nominee to office, then the attached Resolutions would confirm the appointment and cancel the election for th is office. The nominee would take office and serve exactly as if elected on a ballot for a municipal election. The term of appointment for the four -year term for Council Member District 3 would begin in December 2022 and expire in November 2026.
ATTACHMENTS:
Resolution No. 22-50....................................................................................................... 3 Resolution No. 22-51....................................................................................................... 8
2 CITY OF BELLFLOWER
RESOLUTION NO. 22-50
A RESOLUTION PROVIDING FOR THE APPOINTMENT
TO THE OFFICE OF COUNCIL MEMBER DISTRICT 3
THAT WAS SCHEDULED FOR ELECTION ON TUESDAY,
NOVEMBER 8, 2022
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to §10229 of the Elections Code, as of the close of the nomination period on August 12, 2022, there were no more candidates than offices to be elected for Council Member District 3. Elections Code § 10229 allows one of the following courses of action to be taken by the City Council:
1. Appoint to the office the person who has 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 was nominated.
SECTION 2. A Notice of Election was published on July 7, 2022, in newspapers of general circulation (Herald American and The Long Beach Press Telegram) and posted in the City Hall Lobby, Bellflower Sheriff’s Substation, Caruthers Park, Simms Park, and Thompson Park, and the City’s website pursuant to law.
SECTION 3. Notice required by the Elections Code was published on August 18, 2022, in newspapers of general circulation (Herald American and The Long Beach Press Telegram) and posted in the City Hall Lobby, Bellflower Sheriff’s Substation, Caruthers Park, Simms Park, and Thompson Park, and the City’s website.
SECTION 4. Pursuant to Elections Code § 10229, 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 Elections Code §10229(a)(1):
NAME OFFICE TERM
Sonny R. Santa Ines Member of the City Council, District 3 Four Years
SECTION 5. The person appointed qualif ies and takes office and serves exactly as if elected at a municipal election for the office.
SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
3 City of Bellflower
Resolution No. 22-50
SECTION 7. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 8. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CIT Y COUNCIL OF THE CITY OF BELLFLOWER ON THIS 24TH DAY OF AUGUST 2022.
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachments:
A - City Clerk’s Certification
B - Notice of Election
C - Notice That There Are Not More Candidates Than Offices to be Elected
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CITY OF BELLFLOWER
NOTICE OF ELECTION
TAKE NOTICE that a General Municipal Election will be held in the City of Bellflower on Tuesday, November 8, 2022, for the following officers:
For three Members of the City Council
(Districts 1, 3, and 5, Full term of four years)
Declaration of Candidacy forms will be made available no t earlier than July 18, 2022, and not later than 5:00 p.m. on Friday, August 12, 2022, at the City Clerk’s Office, City Hall, 16600 Civic Center Drive, Bellflower, CA 90706 during regular business hours. Any person seeking to file nomination documents should contact the City Clerk’s Office via phone at (562) 804-1424, extension 2220 or via email at [email protected].
If nomination papers for a Council Member whose term is expiring are not filed by August 12, 2022, then the voters will have until 5:00 p.m. on August 17, 2022, to nominate candidates, other than that incumbent Council Member.
If no one or only one person is nominated for an elective office, appointment to the elective office may be made pursuant to Elections Code § 10229.
Vote Centers will be open on Election Day between the hours of 7:00 a.m. and 8:00 p.m. The number of vote centers and the number of days vote centers will be open before Election Day are yet to be determined by the Los Angeles County Registrar-Recorder/County Clerk.
Persons requiring multilingual assistance regarding information in this notice may contact the City Clerk’s Office.
Mayra Ochiqui, City Clerk
Dated: July 7, 2022
POST: 7/7/2022
REMOVE AFTER: 11/8/2022
6 CITY OF BELLFLOWER
NOTICE THAT THERE ARE NO MORE CANDIDATES
THAN OFFICES TO BE ELECTED IN COUNCIL DISTRICT 3
TAKE NOTICE, pursuant to Election Code § 10229 governing the General Municipal Election in the City of Bellflower called for Tuesday, November 8, 2022:
As of the close of the nomination period on August 12, 2022, at 5:00 p.m., one qualified candidate is eligible for each the following elected offices:
Council District 3: Sonny R. Santa Ines
Elections Code § 10229 allows for one of the following courses of action to be taken by the City Council when there are not more candidates than offices to be elected:
1. Appoint to one of each of the open offices one of the person s who has 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 August 24, 2022, at 10:00 a.m., the City Council will consider whether to make an appointment or direct an election to be held. The person(s) appointed, if any, will qualify and take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election (August 25, 2022), no person is appointed to each of these offices pursuant to (1) or (2) above, then the election for Council District 3 must be held along with all other elective offices on the ballot . If appointments are made to these offices, the General Election for Council District 3 will be cancelled, but will be held for all other elective offices on the ballot.
If the City Council makes an appointment pursuant to Elections Code § 10229, then the City Clerk cannot accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Mayra Ochiqui, City Clerk
Dated: August 18, 2022
7 CITY OF BELLFLOWER
RESOLUTION NO. 22-51
A RESOLUTION CANCELLING THE GENERAL MUNICIPAL
ELECTION SCHEDULED FOR TUESDAY, NOVEMBER 8,
2022, FOR COUNCIL MEMBER DISTRICT 3, PURSUANT
TO ELECTIONS CODE SECTION 10229
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. At the close of the nomination period on August 12, 2022, there were no more candidates than offices to be elected for Council Member District 3.
SECTION 2. On August 24, 2024, at a Special Meeting, the City Council appointed to the offices the persons who had been nominated for the offices.
SECTION 3. In accordance with Elections Code § 10229, the appointments were made by the 75th day before the municipal election.
SECTION 4. The Elections Official will not accept for filing any statement of write-in candidacy that is submitted after the appointment was made.
SECTION 5. The election of Council Member District 3 is therefore cancelled.
While the scheduled General Municipal Election of November 8, 2022 will be held for election of Council Member District 1 and Council Member District 5, Council Member District 3 will be removed from the ballot for the General Municipal Election.
SECTION 6. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 7. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 8. This Resolution will become effective immediately upon adoption.
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8 City of Bellflower
Resolution No. 22-51
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 24TH DAY OF AUGUST 2022.
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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