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2000 JAN 26 CC PACKET - SPECIALB. SPECIAL ORDERS OF BUSINESS - Certification that there are not more candidates than offices to be elected for the General Municipal Election, scheduled for April 11, 2000. a. Appoint to the office the person who has been nominated. 1) Resolution providing for the appointments to the Offices of this City that were to be elected on Tuesday, April 11, 2000, and 2) Resolution giving notice of the cancellation of the General Municipal Election scheduled for Tuesday, April 11, 2000. m b. Hold the election. 1) Resolution Ordering the General Municipal Election be held as scheduled on Tuesday, April 11, 2000. COMMENTS - CITY MANAGER - NONE COMMENTS — CITY ATTORNEY - NONE COMMENTS - CITY CLERK - NONE COMMENTS - CITY TREASURER - NONE COMMENTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE - Mayor Pro Tern Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalfof'their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. U� 011 R& WW li POSTED: DATE: r Z11 0C TIME: : y0 a.iri. NAME: aiun- 2000ag 002 EL SEGUNDO CITY COUNCIL MEETING DATE: January 26, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Certification that there are not more candidates than offices to be elected for the General Municipal Election, scheduled for April 11, 2000. RECOMMENDED COUNCIL ACTION: a. Appoint to the office the person who has been nominated 1) Resolution providing for the appointments to the Offices of this City that were to be elected on Tuesday, April 11, 2000. 2) Resolution giving notice of cancellation of the General Municipal Election scheduled for Tuesday, April 11, 2000. OR b. Hold the election. 1) Resolution Ordering the General Municipal Election is held as scheduled on Tuesday, April 11, 2000. BACKGROUND AND INTRODUCTION At the close of nominations for City Council and City Clerk on Friday January 14. 2000, the total number of candidates for Council was three and for City Clerk one. At the close of nominations for City Treasurer on Wednesday, January 19, 2000, the total number of candidates was one. The provisions of Election Code § 10299 state that if 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, the city governing body may, at a regular or special meeting, held before the municipal election, adopt 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 elector if no one has been nominated. (not applicable) (3) Hold the election, if either no one, or only one person has been nominated. As the City Election Official, I have published in the Herald, a notice that there are not more candidates than offices to be elected, and the courses of action available (Attachment A). After the fifth day following the date of publication (January 20, 2000), but before the 75`" day before the municipal election, the governing body must make any appointments or the election shall be held. At this time the Council may choose to follow the above suggestions. If the Council chooses to take no action the Election will proceed as scheduled. ATTACHMENTS: Notice that there are not more candidates than offices to be elected. (Attachment A) Certification that there are not more candidates than offices to be elected. (Attachment B) Resolution providing for the appointment to the offices of this City those who were nominated. (Attachment C) (1 0 3 Resolution giving notice of Cancellation of the General Municipal Election scheduled for Tuesday, April 11, 2000. (Attachment D) Resolution ordering the General Municipal Election to be held as scheduled. (Attachment E) FISCAL IMPACT: Operating Budget: X Amount Budgeted: Amount of Savings (If c Date: January 21, 2000 004 ATTACHMENT A NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED NOTICE IS HEREBY GIVEN that pursuant to 3 10229 of the Elections Code of the State of California relating to the General Election to be held on Tuesday, April 11, 2000: As of the close of the nomination period for City Council and City Clerk on January 14, 2000, and the extended nomination period for City Treasurer on January 19, 2000, there are not more candidates than offices to be elected for three City Council Offices, the City Clerk office and the City Treasurer office. That 3 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. The City Council will meet on January 26, 2000, at 12:00 Noon to either make the appointment(s) or direct an election to be held. The person(s) 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. If the City Council nukes an appointment pursuant to 3 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: January 17, 2000 Publish, Legal Notice, January 20, 2000 Contract, Cathy Domann — (310) 607 -2208 005 ATTACHMENT B CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that pursuant to § 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, April 11, 2000: As of the close of the nomination period for City Council and City Clerk on January 14, 2000, and the extended nomination period for City Treasurer on January 19, 2000, there are not more candidates than offices to be elected. The person(s) so nominated are: City Council: Mike Gordon Sandra Jacobs Nancy Wemick City Clerk: Cindy Mortesen City Treasurer Ralph Lanphere That § 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. A notice of these facts will be published on January 20, 2000, in a newspaper of general circulation in the city pursuant to §6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet again to either make the appointments) or direct an election to be held. The person(s) 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. If the City Council makes an appointment pursuant to § 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. tndy Mort n ity Clerk January 19, 2000 5:01 P.M. 006 ATTACHMENT C RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELSEGUNDO, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE(S) OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, APRIL 11, 2000. WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period or City Council and City Clerk on January 14, 2000, and the extended nomination period of City Treasurer on January 19, 2000, there are not more candidates than offices to be elected and that § 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. WHEREAS, a notice was published on December 2 and 9, 1999, in a newspaper of general circulation pursuant to law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to § 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: NAME OFFICE TERM Mike Gordon Member of the City Council 2000 -2004 Sandra Jacobs Member of the City Council 2000 -2004 Nancy Wemick Member of the City Council 2000 -2004 Cindy Mortesen City Clerk 2000 -2004 Ralph Lanphere City Treasurer 2000 -2004 SECTION 2. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 3. 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 ON January 26, 2000. Mike Gordon, Mayor U X17 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 26" day of January, 2000, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: rk Hensley, trnney 008 ATTACHMENT D RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, GIVING NOTICE OF THE CANCELLATION OF THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR TUESDAY, APRIL 11, 2000. WHEREAS, at the close of the nomination period for City Council and City Clerk on January 14, 2000, and the extended nomination period for City Treasurer on January 19, 2000, there were not more candidates that offices to be elected; and WHEREAS, on January 26, 2000 at a Special Meeting, the City Council appointed to the offices the persons who had been nominated for the offices; and WHEREAS, in accordance with Election Code Section 10229, the appointments were made by the 75th day before the municipal election; and WHEREAS, the Election Official shall not accept for filing any statement of write - in candidacy that is submitted after the appointment was made. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That the regularly scheduled General Municipal Election of April 11, 2000 be canceled. SECTION 2. That the City Clerk shall certify to passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED THIS 26th DAY OF JANUARY, 2000. Mike Gordon, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. liensley, City Attorney ,i09 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed an adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 26th day of January, 2000, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICAL SEAL OF SAID CITY this 1st day of February, 2000. Cindy Mortesen, City Clerk City of El Segundo, California, (seal) 010 ATTACHMENT E RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ORDERING THE GENERAL MUNICIPAL ELECTION BE HELD AS SCHEDULED ON TUESDAY, APRIL 11, 2000. WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period or City Council and City Clerk on January 14, 2000, and the extended nomination period of City Treasurer on January 19, 2000, there are not more candidates than offices to be elected and that § 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. WHEREAS, a notice was published on December 2 and 9, 1999, in a newspaper of general circulation pursuant to law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken: (a) The election will be held as scheduled. SECTION 2. 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 ON January 26, 2000 ATTEST: Mike Gordon, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 26'" day of January, 2000, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: rk Hensley, wrXIummy- 'a � i