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2006 JAN 25 SPECIALSPECIAL AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits In compliance with the Americans with Disabilities Act, If you need special assistance to participate In this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, JANUARY 25, 2006, 9:00 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title oniv. Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS - Consideration and possible action regarding certification that there are not more candidates than offices to be elected for the General Municipal Election, scheduled for April 11, 2006 and appointing two qualified candidates to the City Council. Recommendation — (1) Adopt Resolution providing for the appointments to the Council Offices of this City that were to be elected on Tuesday, April 11, 2006, (2) Adopt Resolution giving notice of cancellation of the General Municipal Election scheduled for Tuesday, April 11, 2006, OR; (3) Adopt Resolution ordering the General Municipal Election be held as scheduled on Tuesday, April 11, 2006, (4) Alternatively discuss and take other action related to this item C. COMMENTS — CITY MANAGER D. COMMENTS — CITY ATTORNEY E. COMMENTS — CITY CLERK F. COMMENTS — CITY TREASURER G. COMMENTS — CITY COUNCIL MEMBERS Council Member Boulgandes — Council Member Busch — Council Member Jacobson — Mayor Pro Tern Gaines — Mayor McDowell — ADJOURNMENT— POSTED DATE -/-/1- " 0 6 TIME j ✓, -3 0 Pm NAME i-�' d-1-aA&1VK- EL SEGUNDO CITY COUNCIL MEETING DATE January 25, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION Consideration and possible action regarding certification that there are not more candidates than offices to be elected for the General Municipal Election, scheduled for April 11, 2006 and appointing two qualified candidates to the City Council. RECOMMENDED COUNCIL ACTION, 1) Adopt Resolution providing for the appointments to the Council Offices of this City that were to be elected on Tuesday, April 11, 2006, 2) Adopt Resolution giving notice of cancellation of the General Municipal Election scheduled for Tuesday, April 11, 2006; OR 3) Adopt Resolution ordering the General Municipal Election be held as scheduled on Tuesday, April 11, 2006 BACKGROUND & DISCUSSION- At the close of extended nominations for City Council on Wednesday, January 18, 2006, the total number of candidates for City Council was two The provisions of Election Code § 10229 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 Continued on Next ATTACHED SUPPORTING DOCUMENTS, 1) Notice that there are not more candidates than office to be elected 2) Certification that there are not more candidates than offices to be elected 3) Resolution providing for the appointment to the offices of this City those who were nominated 4) Resolution giving notice of cancellation of the General Municipal Election scheduled for Tuesday, April 11, 2006 5) Resolution ordering the General Municipal Election to be held as scheduled FISCAL IMPACT Approximately $50,000 savings if election is cancelled Operating Budget $72,000 Amount Requested Account Number 001 - 400. 1302- vanous Project Phase Appropriation Required: ORIGINATED DATE TED B\ DATE. / Jeff SVwc'frt. Citv Ma BACKGROUND & DISCUSSION (continued) 1) Appoint to the office the person who has been nominated. 2) Hold the election, if either no one, or only one person has been nominated As the City Election Official, I have published in the El Segundo 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 publication on January 19, 2006, but before the 75th day before the municipal election, January 26, 2006, the governing body must make any appointments or the election shall be held At this time Council may choose to follow the above suggestions If the Council chooses to take no action, the Election will proceed as scheduled NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Election to be held on Tuesday, April 11, 2006 As of the close of the extended nomination period for City Council on, January 18, 2006, there are not more candidates than offices to be elected for two City Council Offices. 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 The City Council will meet on January 25, 2006 at 9 00 a m 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 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 9ffidy M en' " City Cie Dated January 18, 2006 Publish, Legal Notice, January 19, 2006 Contact, Cathy Domann (310) 524 -2306 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 Elections Code § 10229 to the following facts relating to the General Municipal Election to be held on Tuesday, April 11, 2006 As of the close of the extended nomination period for City Council on January 18, 2006, there are not more candidates than offices to be elected The person(s) so nominated are: City Council Kelly McDowell Bill Fisher That Elections Code § 10229 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 19, 2006, in a newspaper of general circulation in the city pursuant to Government Code § 6061 After the fifth day following the date of publication, the City Council will meet again 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 makes an appointment pursuant to Elections Code § 10229 the City Clerk will not accept for filing any statement of write -in candidacy which is submitted after the appointment is made cool J D6>7 yMVN- ' 6") Cindy Mortesen City Clerk January 18, 2006 531 PM RESOLUTION NO. A RESOLUTION OF THE CITY OF PROVIDING FOR THE APPOINTMENT TO OF THIS CITY THAT WERE TO BE TUESDAY, APRIL 11, 2006. EL SEGUNDO THE OFFICE(S) ELECTED ON BE IT RESOLVED by the Council of the city of El Segundo as follows SECTION 1 Pursuant to Elections Code § 10229 as of the close of the extended nomination period for City Council on January 18, 2006, there are not more candidates than offices to be elected and that Elections Code § 10229 allows one of the following courses of action to be taken by the City Council A. Appoint to the office the person who was nominated B Appoint to the office any eligible voter if no one has been nominated C Hold the election if either no one or only one person was nominated SECTION 2: A Notice of Election was published on December 1 and 8, 2005, in a newspaper of general circulation, pursuant to law SECTION 3 Pursuant to Elections Code § 10229 the following action is being taken The following persons are being appointed to the offices to which they were nominated NAME OFFICE TERM Kelly McDowell Member of the City Council 2006 -2010 Bill Fisher Member of the City Council 2006 -2010 SECTION 4 The persons appointed will qualify and take office and serve exactly as if elected at a municipal election for the office SECTION 5 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 6 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this 25TH day of January, 2006 ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney By Karl H Berger, Assistant City Attorney Kelly McDowell, Mayor RESOLUTION NO. A RESOLUTION GIVING NOTICE OF THE CANCELLATION OF THE GENERAL MUNICIPAL ELECTION SCHEDULED FOR TUESDAY, APRIL 11, 2006. BE IT RESOLVED by the Council of the city of El Segundo as follows SECTION 1 At the close of the extended nomination period for City Council on January 18, 2006, there were not more candidates than offices to be elected SECTION 2 On January 25, 2006 at a Special Meeting, the City Council appointed to the offices the persons who had been nominated for the offices SECTION 3, In accordance with Election Code §10229, the appointments were made by the 75"' day before the municipal election SECTION 4 The Election Official will not accept for filing any statement of write - in candidacy that is submitted after the appointment was made SECTION 5 The regularly scheduled General Municipal Election of April 11, 2006 is therefore canceled. SECTION 6 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 7 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this 25'" day of January, 2006 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney By Karl H Berger, Assistant City Attorney 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, 2006 BE IT RESOLVED by the Council of the city of El Segundo as follows SECTION 1 Pursuant to § 10229 of the Elections Code of the State of California, as of the close of the extended nomination period for City Council January 18, 2006, 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 SECTION 2 A notice was published on December 1 and 8, 2005, in a newspaper of general circulation pursuant to law SECTION 3 Pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken The election will be held as scheduled SECTION 6. The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 7 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this 25`h day of January, 2006 ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney By Karl H Berger, Assistant City Attorney Kelly McDowell, Mayor