RESOLUTION 2024-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPOINTING RUTH M. LOW TO REPRESENT COUNCIL
DISTRICT NO. 2, AND STAN LIU TO REPRESENT COUNCIL DISTRICT NO. 5 FOR A PERIOD OF FOUR YEARS IN LIEU OF AN ELECTION, AND CANCELLING THE NOVEMBER 5, 2024, GENERAL MUNICIPAL
ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
10229.
WHEREAS, on June 4, 2024, the City Council of the City of Diamond Bar called for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of electing two members of the City Council for full terms of four years. One member to be elected by the voters of District No. 2; and, one member to be elected by the voters of District No. 5; and,
WHEREAS, as of the close of the nomination period on Friday, August 9, 2024, only one person filed nomination papers and was qualified to run for the office of City Council Member representing Council District No. 2; and, WHEREAS, as of the close of the nomination period on Friday, August 9, 2024, only one person filed nomination papers and was qualified to run for the office of City Council Member representing Council District No. 5; and, WHEREAS, there are not more candidates than offices to be elected for the City of Diamond Bar Council Districts No. 2 and No. 5 for the November 5, 2024 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 August 14, 2024 in the San Gabriel Valley Tribune, 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, August 22, 2024, no person has been appointed to this office pursuant to (1) or (2) above, the election for Council Resolution No. 2024-36
2 Districts No. 2 and No. 5 are required to be held. If appointments are made to these offices, the General Municipal Election must be cancelled; and, WHEREAS, appointments in lieu of an election for Council Districts No. 2 and No. 5 could result in a cost savings to the City in the estimated range of $53,000 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 Council Member from Council Districts No. 2 and No. 5 which are submitted after the appointments are made; and, WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby 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:
A. The following person is appointed to the office to which she was nominated, and is considered to be the same as being elected, pursuant to Section 10229(a) of the California Elections Code:
NAME OFFICE TERM
Ruth M. Low City Council Member 4 years
Council District No. 2 (expires November 2028)
B. 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) of the California Elections Code:
NAME OFFICE TERM
Stan Liu City Council Member 4 years
Council District No. 5 (expires November 2028)
Section 3. Pursuant to Section 10229 of the California Elections Code, the General Municipal Election scheduled to be held on Tuesday, November 5, 2024, to elect a candidate for City Council Member from Council Districts No. 2 and No. 5 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.
Resolution No. 2024-36
3 Section 4. The persons appointments shall qualify and take office and serve exactly as if elected at the General Municipal Election that would have been held on November 5, 2024, for the office.
Section 5. The City Clerk shall notify the Los Angeles County Registrar of Voters of the City Council’s action.
Section 6. This Resolution shall take effect immediately upon its adoption.
Section 7. The City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of August 2024.
CITY OF DIAMOND BAR
________________________
Stan Liu, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of August 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
______________________________
Kristina Santana, City Clerk
Attachments:
Exhibit A – Notice
Resolution No. 2024-36
4 NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED IN ELECTORAL DISTRICTS NO. 2 AND NO. 5 AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION FOR THE CITY OF DIAMOND BAR NOTICE IS HEREBY GIVEN pursuant to Section 10229 of the Elections Code of the State of California relating to the General Municipal Election in the City of Diamond Bar called to be held on Tuesday, November 5, 2024, that:
As of the close of the nomination period on Friday, August 9, 2024, only one person has filed qualified nomination papers to fill the City Council seat for Electoral District No. 2, and only one person has filed nomination papers to fill the City Council seat for Electoral District No. 5, up for election on November 5, 2024. Therefore:
There are not more candidates than offices to be elected for City of Diamond Bar Electoral District No. 2. The person so nominated is:
Ruth M. Low
There are not more candidates than offices to be elected for City of Diamond Bar Electoral District No. 5. The person so nominated is:
Stan Liu
Because of the above facts, Section 10229 of the 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 else has been nominated.
3. Hold the election if either no one or only one person has been nominated.
At a regular City Council meeting to be held on August 20, 2024, at 6:30 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765, 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 persons appointed, if any, shall qualify and take office and serve as if elected at a municipal election for the office.
If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the Elections Official shall not accept for filing any statement of write-in candidacy for City Council Member from Electoral Districts No. 2 and No. 5 which are submitted after the appointments are made.
If by the 75th day before the General Municipal Election, no persons have been appointed to this office pursuant to (1) or (2) above, the election for Electoral District No. 2 and No. 5 shall be held. If appointments are made to these offices, the General Municipal Election for Electoral Districts No. 2 and No. 5. will be cancelled, and no other offices will be on the ballot.
Kristina Santana
City Clerk
August 14, 2024