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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 Resolution No. 22-71 – A Resolution reciting the facts of the General Municipal Election consolidated with the General Election held on November 8, 2022, declaring the result and such other matters as provided by law.
DATE: December 12, 2022
EXECUTIVE SUMMARY
Resolution No. 22-71 recites the facts of the November 8, 2022, General Municipal Election regarding Member of the City Council, District Nos. 1 and 5. On August 24, 2022, the City Council adopted Resolution No. 22-50, appointing Sonny R. Santa Ines to the office of Member of the City Council, District 3, as there were no more candidates than offices to be elected.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 22-71; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
BACKGROUND
A General Municipal Election was held and conducted in the City of Bellflower, California, on Tuesday, November 8, 2022, as required by law. Notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities.
The County Election Department canvassed the returns of the election and has certified the results to this City Council. The results are attached as “Exhibit A” to the Resolution.
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Staff Report – Certification of Election Results
December 12, 2022
BACKGROUND – Continued
As to Member of the City Council for District 3, 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. Resolution No. 22-50 (adopted August 24, 2022) confirmed the appointment of Sonny R. Santa Ines for the office of Member of the City Council, District 3. He will take office and serve exactly as if elected on a ballot for a municipal election. For elections held in November, elected Council Members typically take office in December of the same year, following the completion of the official canvass and certification of election results. The terms for Members of City Council Districts 1, 3 and 5 are four years and will expire when elected Council Members take office in 2026.
ATTACHMENTS
Resolution No. 22-50 ....................................................................................................... 3 Resolution No. 22-71 ....................................................................................................... 9
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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 qualifies 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.
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City of Bellflower
Resolution No. 22-50
Page2of2
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 CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 24T" DAY OF AUGUST 2022.
Ray Dunton, ayor
ATTEST:
M ra chiqui, ity CI k
APPROVE (S FO .
i
f
Karl . B ger, City torney
Attachments:f
A - City Clerk's C fication
B - Notice of Ele n
C - Notice That here Are Not More Candidates Than Offices to be Elected -4-
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CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
I, Mayra Ochiqui, City Clerk of the City of Bellflower, do hereby certify pursuant to Elections Code § 10229 the following facts relating to the General Municipal Election to be held on Tuesday, November 8, 2022:
As of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected for Council Member District 3.
The person so nominated is:
Sonny R. Santa Ines (Council Member District 3)
That 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 has been nominated.
A notice of these facts will be published on August 18, 2022, in a newspaper of general circulation in the City pursuant to Government Code § 6061. After the fifth day following the date of publication, the City Council will meet to either make the appointment 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 municipal election, no person has been appointed to the office pursuant to (1) or (2) above, the election shall be held.
If the City Council makes an appointment pursuant to Elections Code § 10229 the City Cierk will not accept for filing any statement of write-in candidacy which is submitted after the a ointment is made.pp
a ra iqui, City Clerk
Dat d: ugust 15, 2022
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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 not 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
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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 cailed for Tuesday, November 8, 2022:
As of the ciose 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 persons 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
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )SS
CITY OF BELLFLOWER
I, Mayra Ochiqui, City Clerk of the City of Beliflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 22-50 was duly passed, approved, and adopted by the City Council of the City of Bellflower at the Special Meeting of the City Council on August 24, 2022, by the following vote to wit:
AYES: Council Members — Santa Ines, Hamada, Koops and Mayor Dunton
ABSENT: Council Member — Sanchez
Dated: August 24, 2022
Mayr Och' ui, Cit lerk
City d f BeY flower, California
SEAL)
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CITY OF BELLFLOWER
RESOLUTION NO. 22-71
A RESOLUTION RECITING THE FACTS OF THE GENERAL
MUNICIPAL ELECTION CONSOLIDATED WITH THE GENERAL
ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE
RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. For the election of Member of the City Council, District 1, the whole number of ballots cast in the precincts was 786; the whole number of Vote by Mail voter ballots cast was 2,688; making a total of 3,474 ballots cast in District 1 (9,422 Registered Voters; 37% Voter Turnout with 77% of those voting being Vote by Mail voters).
SECTION 2. The names of the persons voted for at the election for Member of the City Council, District 1, are as follows:
Raymond Y. Hamada
Ricardo Fosado
SECTION 3. For the election of Member of the City Council, District 5, the whole number of ballots cast in the precincts was 678; the whole number of Vote by Mail voter ballots cast was 2,616; making a total of 3,294 ballots cast in District 5 (8,372 Registered Voters; 39% Voter Turnout with 79% of those voting being Vote by Mail voters).
SECTION 4. The names of the persons voted for at the election for Member of the City Council, District 5, are as follows:
Ray Dunton
Juan Garza
SECTION 5. In accordance with Election Code § 10262, the City Clerk certified the results to the City Council. These results are attached as Exhibit “A” and incorporated by reference. The number of votes given at each precinct and the number of votes given in the City to each of the persons named in Sections 2 & 4 above; were as listed in Exhibit “A” attached.
SECTION 6. The City Council does declare and determine that Raymond Y.
Hamada was elected as Member of the City Council, District 1, for the full term of four years and that Ray Dunton was elected as Member of the City Council, District 5, for the full term of four years. Relatedly, Sonny R. Santa Ines was appointed to the office of Member of the City Council, District 3, per Resolution No. 22-50, adopted August 24, 2022, for the reasons stated in that Resolution. The terms of his office are stated within that Resolution.
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City of Bellflower
Resolution No. 22-71
SECTION 7. The City Clerk will enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3) the number of votes given at each precinct to each person; and (4) the total number of votes given to each person.
SECTION 8. The City Clerk will immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; and the City Clerk shall have the Oath of Office prescribed in the Constitution of the State of California administered to each person elected and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected will then be inducted into the respective office to which they were elected.
SECTION 9. 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 10. 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 11. This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 12TH DAY OF DECEMBER 2022.
________________________________
Ray Dunton, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit “A” - City Clerk’s Certification of the Canvass of Election Return and Official Statement of Votes Cast
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Official Certificate of the Canvass
of the Election Returns
and
Official Statement of Votes Cast
Exhibit A
(immediately following this page)
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