To:
FROM:
DATE:
SUBJECT:
CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
Honorable Mayor and Council Members
Marissa J. Asistin, City Clerk
Scott C. Smith, City Attorney
August 18, 2026
Adoption of Resolution No. 2026-1539, providing for the appointment to the offices of City Council Member in District 2 and 4 those that were nominated and canceling the November 3, 2026 Election
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2026-1539, providing for the appointment to the offices of City Council Member in District 2 and 4, those that were nominated to be elected at the November 3, 2026 General Municipal Election and canceling the election.
BACKGROUND
On June 2, 2026, pursuant to state law, the City Council adopted Resolution No. 2026- 1527 calling the General Municipal Election, for the purpose of electing City Council Members in District 2 and 4 to terms of four years. As of the close of business on Friday, August 7, 2026, the deadline for filing nomination papers, only one person in each district filed nomination papers to run for the office of City Council Member. Those filing nominations papers were Ray Gennawey in District 2 and Stephanie Oddo in District 4.
ANALYSIS
Elections Code Section 10229 provides that if by the statutory nomination filing deadline (August 7, 2026), there are not more candidates than offices to be elected in any legislative district, and if there are also no Citywide offices or measures on the ballot, then the Elections Official shall certify these facts to the City Council, publish a notice of the same, and after the fifth day after such publication, the City Council may take one of three courses of action:
1. The City Council may appoint to the office the person who has been nominated;
2. The City Council may appoint to the office any eligible voter if no one has been nominated (not applicable here); or
3. The City Council may determine to hold the election if either no one or only one person has been nominated.
The Elections Official has provided the required certification to the City Council that there are not more candidates than the offices to be elected in Electoral Districts No. 2 and 4.
Further, the Elections Official caused to be published in the Orange County Register on Tuesday, August 12, 2026, a "Notice that There are not More Candidates than Offices to be Elected in Electoral District Nos. 2 and 4", providing the facts set forth herein and notifying of the City Council's authority to either appoint the nominated candidate and cancel the election, or not (Attachment A). The required five-day notice period is now complete.
Therefore, the City Council may either appoint the sole nominees in each district to that office and to cancel the City's election in Electoral District Nos. 2 and 4, or to hold the election in District Nos. 2 and 4. If the City Council makes an appointment, Section 10229 provides that the individuals being appointed to the offices to which they were nominated, are considered to be the same as being elected, and that no write-in candidacies for the Districts 2 or 4 seats may be accepted since that election will be cancelled.
Staff does not recommend holding the election since there are no other nominees at this time for the open office(s). Holding an election will. result in the City unnecessarily incurring significant elections costs. An appointment in lieu of an election for Electoral District Nos. 2 and 4 would result in a cost savings to the City.
If the City Council appoints the sole nominees in each District to the open office(s), that appointee shall qualify and take office and serve exactly as if elected at the General Municipal Election starting their new term in December 2026. The City Attorney's Office has· prepared Resolution No. 2026-1539 for consideration of appointing the nominees and canceling the election (Attachment B).
ALTERNATIVES CONSIDERED
The City Council could choose to conduct the General Municipal Election on November 3, 2026, preserving the right of any potential write-in candidate to qualify for the election in Districts 2 or 4. Staff does not recommend this action as it will result in the City unnecessarily incurring significant election costs.
FISCAL REVIEW
The adopted FY 2025-2027 Operating Budget includes $73,000 in funding for the election. If the City Council adopts Resolution No. 2026-1539, the City will realize an election related cost savings. There will be minimal expenses from the Orange County Registrar of Voters and legal publishing costs.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Resolution No. 2026-1539 as to form.
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 2026-1539, providing for the appointment to the offices of City Council Member in District 2 and 4, those that were nominated and canceling the November 3, 2026 Election.
~ Tamara S. Letourneau
City Manager
Attachments:
Scott C. Smith
City Attorney
A. Notice that There are not More Candidates than Offices to be Elected in Electoral District Nos. 2 and 4
B. Resolution No. 2026-1539
ATTACHMENT A
Notice that There are not More Candidates than Offices to be Elected in Electoral District Nos. 2 and 4
CITY OF LAGUNA NIGUEL
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN that pursuant to California Elections Code Section 10229 relating to the General Municipal Election in the City of Laguna Niguel to be held on Tuesday, November 3, 2026:
As of the close of the nomination period on Friday, August 7, 2026, there are not more candidates than offices to be elected.
The person(s) so nominated are:
District 2 - Ray Gennawey .
District 4 - Stephanie Oddo
That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
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.
The City Council will meet on Tuesday, August 18, 2026, to either make the appointments or direct an election be held. The persons 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 General Municipal Election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election for Electoral District Nos. 2 and 4 shall be held.
If the City Council makes an appointment pursuant to Elections Code Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
Dated: August 7, 2026
arissa J. Asistin, City Clerk
City of Laguna Niguel
ATTACHMENT B
Resolution No. 2026-1539
RESOLUTION NO. 2026-1539
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA NIGUEL, CALIFORNIA, PROVIDING FOR THE
APPOINTMENT TO THE OFFICES OF COUNCIL MEMBER OF THE CITY THOSE THAT WERE NOMINATED IN DISTRICTS 2 AND 4, TO BE
ELECTED AT THE GENERAL MUNICIPICAL ELECTION ON TUESDAY, NOVEMBER 3, 2026, AND CANCELING THE ELECTION
WHEREAS, the City Council of the City of Laguna Niguel has called a General Municipal Election to be held in the City on Tuesday, November 3, 2026, for the purpose of electing City Council Members in Districts 2 and 4 to term of four years; and WHEREAS, pursuant to Section 10229 • of the Elections Code of the State of California, as of the close of the nomination period on Friday, August 7, 2026, there are not more candidates than offices to be elected and that 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 who has been nominated.
2. Appoint to the office any eligible electqr if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated; and WHEREAS, a notice stating the facts pertaining to the November 3, 2026 election was published on August 12, 2026, in a newspaperof general circulation pursuantto law.
NOW, THEREFORE, THE CITY COUNCIL OF TH.E CITY OF LAGUNA NIGUEL,
CALIFORNIA, DOES, RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuantto Section 10229 of the Elections Code of the State of California, the following action is being taken:
a. The following persons are being appointed to the offices to which they were nominated, and are considered to be the same as being elected, pursuant to Section 10229(a)(3) of the Elections Code:
Name Office Term
Ray Gennawey Member of the City Council, 2026-2030
District 2
Stephanie Oddo Member of the City Council, 2026-2030
District 4
Resolution No. 2026-1539
SECTION 2. The General Municipal Election scheduled to be held on Tuesday, November 3, 2026 for the City is now canceled and the City Clerk shall take all 'necessary steps to effectuate said cancellation.
SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a general municipal election for the office.
SECTION 4. The City Clerk shall not accept for filing any· statement of write-in candidacy which is submitted after the appointments are made.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, AND ADOPTED th is 18th day of August 2026.
Gene Johns, Mayor
ATTEST:
Marissa J. Asistin, City Clerk
APPROVED AS TO FORM:
Scott C. Smith, City Attorney