CC SR 20200818 02 - City Council Appts and Cancellation of Election
CITY COUNCIL MEETING DATE: 08/18/2020
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to appoint persons nominated for Members of the
City Council and cancel the General Municipal Election scheduled for November 3,
2020.
RECOMMENDED COUNCIL ACTION:
(1) Appoint to the office the persons nominated;
(2) Cancel the General Municipal Election scheduled for November 3, 2020 due to
lack of contested nominations;
(3) Adopt Resolution No. 2020-__, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CANCELING THE ELECTION THAT
WAS TO BE HELD ON NOVEMBER 3, 2020, AND PROVIDING FOR THE
APPOINTMENTS TO THE OFFICES OF THIS CITY THAT WERE TO BE
ELECTED AT THAT TIME; and
(4) Direct the City Clerk to not accept for filing any statement of write-in candidate
which is submitted after the appointments are made.
FISCAL IMPACT: The FY 2020-21 budget allocates approximately $139,500 for the
November 3 General Municipal Election of which approximately $9,000 will be spent for
legal publications and translations. Cancelling the November 3 General Municipal
Election will yield a savings of approximately $130,000.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Teresa Takaoka, Deputy City Clerk
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. City Clerk Certification to Council (page A-1)
B. Notice of City Clerk’s Certification (page B-1)
C. Resolution 2020-__ canceling the November 3, 2020 General Municipal
Election (page C-1)
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BACKGROUND AND DISCUSSION:
On June 2, 2020, the City Council adopted Resolution No. 2020-28 calling for the
general municipal election to be held on November 3, 2020, for the election of two
Members of the City Council for the full term of four years. The nomination period began
on July 13, 2020, and ended on August 7, 2020.
At the close of the nomination period, only two persons were nominated for the two
open seats: Councilmember John Cruikshank and Councilmember Eric Alegria. No
other interested parties submitted the required number of community signatures (no
less than 20, no more than 30) to become a candidate and get their name on the ballot.
(Election Code § 10220.) California Elections Code § 10229 provides that the
nomination period may be extended for five days if an incumbent fails to file the required
paperwork. Since both incumbents filed, the nomination pe riod was not extended.
In circumstances such as this, the Elections Code authorizes a local agency to cancel
the election and appoint the uncontested nominees. This procedure allows a city to
save money that would otherwise be spent holding an election with only one candidate
for each office on the ballot.
Pursuant to Elections Code § 10229 in this situation, the City Council is authorized to
take one of the following courses of action:
1. appoint to each office the person who has been nominated; or
2. appoint to the office any eligible voter if no one has been nominated; or
3. hold the election if either no one or only one person has been nominated.
The City Clerk has presented the required certification showing that the facts exist to
invoke Section 10229 (Attachment A). Also, the required notice specifying the facts
concerning the nomination and the proposed appointments was properly published in
the Palos Verdes Peninsula News on August 13, 2020 and posted at City Hall, Ladera
Linda and Hesse Park bulletin boards (Attachment B).
Should the City Council desire to appoint the two nominated Council candidates and
cancel the election, the council would need to adopt the attached resolution (Attachment
C) at the August 18, 2020 City Council meeting. If the City Council makes the
appointment pursuant to Section 10229 of the Elections Code, the City Clerk shall not
accept for filing any statement of write-in candidate which is submitted after the
appointment is made. If no action is taken by the City Council by the 75th day before the
election, then the City would hold the election with two candidates printed on the ballot
for the two offices. If appointed, the candidates qualify, take office, and serve exactly as
if elected at a municipal election.
CONCLUSION:
As there are not more candidates than offices to be elected at the upcoming municipal
election, the City Council may appoint those nominated and cancel the previously
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scheduled election of November 3, 2020. The appointed Councilmembers shall qualify,
take office and serve exactly as if they were elected at a municipal election.
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01203.0001/662042.1
Resolution No. 2020-
Resolution No. 2020___
Exhibit A
Page 1 of 1
EXHIBIT A
OF RESOLUTION NO. 2020-__
CITY CLERK'S CERTIFICATION
THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, California, do hereby
certify, pursuant to Section 10229 of the Elections Code of the State of California, to the
following facts relating to the general municipal election to be held on Tuesday, November 3,
2020:
As of the close of the nomination period on August 7, 2020 for the election of two (2)
Members of the City Council of said City for the full term of four (4) years, there are not more
candidates than offices to be elected.
The persons so nominated are:
John Cruikshank Councilmember
Eric Alegria Councilmember
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 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 o nly one person has been
nominated.
A notice of these facts will be published on August 13, 2020 in a newspaper of general
circulation in the city pursuant to Section 6061 of the Government Code. After the fifth day
following the date of publication, the City Council will meet to either make the appointments
or direct an election to 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 the City Council makes an appointment pursuant to Section 10229 of the Elections
Code, the City Clerk shall not accept for filing any statement of write -in candidacy which is
submitted after the appointment is made.
________________________________________
Emily Colborn, City Clerk
______________________
Date
A-1
OFFICE OF THE CITY CLERK
01203.0001/662586.1
NOTICE OF CITY CLERK’S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN, pursuant to Section 10229 of the Elections Code of
the State of California, to the following facts relating to the general municipal election to
be held on Tuesday, November 3, 2020:
As of the close of the nomination period on August 7, 2020 for the election of two
(2) Members of the City Council of said City for the full term of four (4) years, there are
not more candidates than offices to be elected.
The persons so nominated are:
John Cruikshank Councilmember
Eric Alegria Councilmember
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 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.
On August 18, 2020, the City Council will meet to either make the appointments or
direct an election to 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 municipal election, no person has been appointed to the office(s) pursuant to
(1) or (2) above, the election shall be held for such office(s).
If the City Council makes an appointment pursuant to Section 10229 of the
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 this 10th day of August 2020.
________________________________________
City Clerk
Posted at City Hall, Ladera Linda Park, Hesse Park Community Center and published in Palos Verdes Peninsula News
on August 13, 2020
B-1
RESOLUTION NO. 2020-__
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES,
CALIFORNIA, CANCELING THE ELECTION THAT
WAS TO BE HELD ON NOVEMBER 3, 2020 AND
PROVIDING FOR THE APPOINTMENTS TO THE
OFFICES OF THIS CITY THAT WERE TO BE
ELECTED AT THAT TIME
WHEREAS, the City Council of the City of Rancho Palos Verdes previously
adopted Resolution No. 2020-28, which called a General Municipal Election to be held on
Tuesday, November 3, 2020, for the purpose of the election of two (2) Members of the
City Council of said City for the full term of four (4) years; and,
WHEREAS, as of the close of the nomination period for that election, such close
being August 7, 2020 or the 88th day before that election, for any office or offices to be
elected at large, the number of persons who have been nominated for those offices does
not exceed the number to be filled at that election, being the nomination only of the
incumbents for each respective office; and,
WHEREAS, pursuant to Elections Code Section 10229, the City’s Elections Official
has certified that only two candidates have been nominated to fill each of the respective
two offices available for election at the City election that is to be held on November 3,
2020, a copy of which certification is attached as Exhibit "A" and incorporated herein by
reference; and,
WHEREAS, in the aforementioned circumstances, Elections Code Section 10229
authorizes the City Council to take one of the following courses of action: 1) appoint to
each office the person who has been nominated; or, 2) appoint to the office any eligible
voter if no one has been nominated; or, 3) hold the election if either no one or only one
person has been nominated; and,
WHEREAS, canceling the uncontested election will save the City the unnecessary
costs of holding that uncontested election; and,
WHEREAS, a notice was published on August 13, 2020, in the Palos Verdes
Peninsula News, a newspaper of general circulation, pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct.
SECTION 2. That, pursuant to California Elections Code Section 10229, the
following persons are being appointed to the offices to which each was nominated , and
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Resolution No. 2020-
Page 2 of 2
each person is considered to be the same as being elected to the respective office,
pursuant to Section 10229(a)(3) of the Elections Code:
NAME OFFICE TERM
John Cruikshank Councilmember 4 Years
Eric Alegria Councilmember 4 Years
SECTION 3. The election scheduled to be held on Tuesday, November 3, 2020 is
hereby canceled.
SECTION 4. The persons appointed shall qualify and take office and serve exactly
as if elected at a municipal election for the office.
SECTION 5. That 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 this 18th day of August, 2020.
_______________________________
John Cruikshank, Mayor
ATTEST:
____________________________
Emily Colborn, City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the
City Council of the City of Rancho Palos Verdes duly approved and adopted the foregoing
Resolution No. 2020___ at a regular meeting of said Council held on the 18th day of
August 2020.
_______________________________
Emily Colborn, City Clerk
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