CITY OF TEHACHAP! CITY HALL ANNEX
TEHACHAPI 117 SOUTH ROBINSON STREET
CALIFORNIA
AGENDA
TEHACHAP! CITY COUNCIT SPECIAI MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY SPECIAT MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY SPECIAT MEETING, AND
TEHACHAPI CIW FINANCING CORPORATION SPECIAL MEETING
TUESDAY, AUGUST 23,2022 - 5:00 P.M.
Persons desiring disability-related accommodations should contact the City Clerk prior to the meeting for the accommodation.
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 115 S. Robinson Street, Tehachapi, CA. Any items distributed to the City Council after posting of the Agenda Packet will be available for inspection at the Office of the City Clerk at City Hall. lf you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (561) 822-22OO
CALL TO ORDER
ROtt cAtt
PLEDGE TO FLAG
AUDIENCE COMMUN !CATIONS
The public cannot comment on items not listed on a SpecialCouncil meeting agenda. Comments directed to an item on the agenda should be made at the time the item is called for discussion.
CITY CLERK REPORTS
1. General Municipal Election - ADOPT A RESOLUTION PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CIW THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBERB,aO22
ADJOURNMENT
CITY OF
TEHACHAPI
CALIFORNIA
COUNC!L REPORTS
MEETING DATE: AUGUST 23,2022 AGENDA SECTION: CITY CLERK
APPROVED
DEPARTMENT
CITY
TO: HONORABLE MAYOR SMITH AND COUNCIL MEMBERS
ASH LEY WH ITMORE, ELECTIONS OFFICIAL
AUGUST 22,2022
SUBJECT: GENERAL MUNICIPAL ELECTION
FROM:
DATE:
BACKGROUND
A General Municipal Election, consolidated with the Statewide General Election, was scheduled to be held in the City of Tehachapi on Tuesday, Novemb er 8,2022, for the following Offices:
City Council Member - District 1
City Counci! Member - District 4
City Counci! Member - District 5
Full term of four (4) years
Full term of four (4) years
Full term of four (4) years
As of the close of the nomination period on August Lt,2022, there were not more candidates than offices to be elected.
The only persons so nominated are:
City Counci! District 1 PhilSmith
City Council District 4 Joan Poson-Cord
City Council District 5 Susan Wiseins
Elections Code $ 70229 states that if by the 88th day, during normal business hours as posted, prior to the day fixed for a regularly scheduled municipal election or the 83'd day before the election, during normal business hours as posted, if an incumbent fails to file pursuant to 5 10225, no one or only one person has been nominated for any office that is elected the city elections official shall submit these facts to the governing body of the city and inform the governing body that it may adopt one of the following courses of action:
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7. Appoint to the office the persons who 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.
Option 1 - As there was only one nomination per seat, this would allow the City to avoid the cost of 4 separate ballots at the election (one for each district and a forth for those only voting on Measure S). An election typically cost the City anywhere from 510,000 - 530,000. Costs could be exponentially higher as all ballots will be mailed to voters with a prepaid envelope included.
Option 2 - This is not an option for the City since no seat was without a nomination.
Option 3 - This option would keep things as is. A ballot would be sent to all registered voters within the city limits that would include their district councilmember (if applicable), albeit the fact that there would only be one candidate for each seat. The City would be responsible for our share of the election cost in this instance.
Staff recommends the council move forward with option 1, saving the City upwards of 530,000 in election costs and seating all nominees that would have been brought forth to the voters on the November ballot.
RECOMMENDAT!ON
ADOPT A RESOLUTION PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CIW THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022.
Page2 of 2
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPT, CALIFORNtA, pROVtDtNG FOR THE
APPOINTMENT TO THE OFFICES OF THIS CIW THAT
WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8,
2022.
WHEREAS, pursuant to 5 10229 of the Elections Code of the State of California, as of the closeof the nomination period on August LL,2022, there are not more candidatesthan officesto be elected and that 510229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
L. 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 had been nominated.
WHEREAS, a notice was published on August 77,2022 in a newspaper of general circulation pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEHACHAPI DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to 5 10229 of the Elections Code of the State of California, the following action is being taken:
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 $ 10229(aX3) of the Elections Code:
NAME
PhilSmith
OFFICE
City Council District 1
City Council District 4
City Council District 5
TERM
Fullterm - Four (4)years
Fullterm - Four (4)years
Full term - Four (4) years
JoanPogon-Cord
Susan Wiggins
SECTION 2. The election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities scheduled to be held on Tuesday, November 8,2022, is now canceled.
SECTION 3. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
CITY OF
TEHACHAPI
LEGAL DEPARTMENT
PASSED, APPROVED AND ADOPTED by the City Council of the City of Tehachapi at a special meeting this 23'd day of Augu st,2022.
AYES:
NOES:
ABSENT:
ABSTAIN
PHILIP A. SMITH, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC
City Clerk of the City of Tehachapi
I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a special meeting thereof held on August 23,2022.
TORI MARSH, CMC
City Clerk of the City of Tehachapi