HomeMy WebLinkAboutAgenda Report - August 23, 2016 B-01 ER/SMAGENDA ITEM (30.1
M. CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Consider Adopting Resolution Providing for the Appointment of Officers That Were
to Be Elected and Cancelling the November 8, 2016, Election of Officers
MEETING DATE: August 23, 2016
PREPARED BY: City Clerk
RECOMMENDED ACTION: Consider adopting resolution providing for the appointment of
officers that were to be elected and cancelling the
November 8, 2016, election of officers.
BACKGROUND INFORMATION: The nomination period for the office of Lodi City Council Member,
for two seats, was open July 18 — August 12, 2016. Following the
close of the nomination period, only two candidates filed papers.
Elections Code §10229 allows for the following courses of action to be taken by the City Council no less
than 75 days before the election if there are not more candidates than offices to be elected.
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.
Council was notified on August 15, 2016, that there were not more candidates than offices to be elected
and that the persons nominated were Bob Johnson and JoAnne L. Mounce. As required, a notice was
published in the newspaper on August 17, 2016, notifying the public of these facts and that the Council
will meet on August 23, 2016, at least five days following the publication date, to either make the
appointments or direct an election to be held. The City Council has until August 25, 2016 (i.e. the 75th day
before the election) to take action. If no action is taken, the election shall be held. The San Joaquin
Registrar of Voters estimates a cost savings of roughly $10,000 to cancel the election of officers.
If the City Council makes an appointment pursuant to the Elections Code, the City Clerk shall not accept
for filing any statement of write-in candidacy that is submitted after the appointment is made. The filing
period for write-in candidates is September 12 to October 25, 2016. For informational purposes, there
has been one qualified write-in candidate over the last 20 years.
FISCAL IMPACT: $114,000 was estimated for the election, which included the election of
officers and one measure at the time Council adopted the budget.
Subsequently, two measures were submitted for the ballot, which increases
the budgeted election cost by roughly $10,000. Cancelling the City Council
election would offset that cost.
FUNDING AVAILABLE: $10,000 savings for election -related costs — 10005000.72450.
Jordan Ayers, Deputy City Manager
JMF ifer M. a raiolo, City Clerk
Attachments
APPROVED:
S en Schw , City Manager
Jennifer Ferraiolo
From: Jennifer Ferraiolo
Sent: Monday, August 15, 2016 11:34 AM
To: City Council
Cc: Steve Schwabauer; Janice Magdich; Jordan Ayers; Pamela Farris
Subject: City Clerk's Certificate - Council Candidates
Attachments: 20160815111929.pdf
Importance: High
Attached please find the City Clerk's Certificate that there are not more candidates than offices to be elected at the
Tuesday, November 8, 2016, General Municipal Election. As required, a notice will be published in the newspaper
(scheduled for August 17) notifying the public of the facts, followed by a special City Council meeting on Tuesday,
August 23 at 7 a.m. for Council action to either make the appointments or direct an election to be held. Please let me
know if you have any questions.
Jennifer M. Ferraiolo, CMC
City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
(209)333-6702
(209) 333-6807 FAX
CITY CLERK'S CERTIFICATE
THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, 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, November 8, 2016.
As of the close of the nomination period on August 12, 2016, there are not more
candidates than offices to be elected.
The person(s) so nominated are:
Bob Johnson
JoAnne L. Mounce
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(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.
A notice of these facts will be published on August 17, 2016, 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 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.
r
Dated: Au ust 15 2018
RESOLUTION NO. 2016-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE
OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON
TUESDAY, NOVEMBER 8, 2016
WHEREAS, pursuant to Section10229 of the California Elections Code, as of the close of
the nomination period on August 12, 2016, there are not more candidates than offices to be elected
and 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; or
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, a notice was published on August 17, 2016, in the Lodi News Sentinel, a
newspaper of general circulation, pursuant to law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES
RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 10229 of the California Elections Code, 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
Elections Code Section 10229(a)(3):
Bob Johnson, Member of the Lodi City Council
JoAnne L. Mounce, Member of the Lodi City Council
SECTION 2. The election scheduled to be held on Tuesday, November 8, 2016, for the
purposes of electing officers to the Lodi City Council 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.
Date: August 23, 2016
I hereby certify that Resolution No. 2016159 was passed and adopted by the Lodi City
Council in a special meeting held August 23, 2016, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
ATTEST:
Q)0� �—�
NIFER ERRAIOLO
City Clerk
2016-159
121
MARK CHANDLER
Mayor
• Please immediately confirm receipt
of this arm by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: CITY OF LODI NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
PUBLISH DATE: WEDNESDAY, AUGUST 17, 2016
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
JENNIFER M. FERRAIOLO, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: MONDAY, AUGUST 15, 201-6�}�
Qol.
ORDERED BY:t . M . ER OLO
G CLERI£
PAMELA M. FARRIS
DEPUTY CITY CLERK
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Emailed to the Sentinel at dianer@lodinews.com at (time) on (Pages)
LNS Phoned to confirm Yeceiot`of all -Fad : at ((f he) _—YJ3 €�lVlF (infli$Isj
forms\advins.doc
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 Municipal Election in the City of Lodi to be held on Tuesday,
November 8, 2016:
As of the close of the nomination period on August 12, 2016, there are not more
candidates than offices to be elected.
The person(s) so nominated are:
Bob Johnson
JoAnne L. Mounce
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(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 at 7 a.m. on Tuesday, August 23, 2016, 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.
Dated: August 17 2016
AVISO QUE NO HAY MAS CANDIDATOS QUE OFICINAS PARA SER ELEGIDO
POR MEDIO DE LA PRESENTE SE NOTIFICA QUE segun §10229 del C6digo Electoral del Estado de
California relativa a la elecci6n general municipal en la Ciudad de Lodi a ser realizada el martes, 8 de
noviembre, 2016:
A partir del cierre del perfodo de nominaci6n el 12 de agosto, 2016, no hay mas candidatos que
oficinas para ser elegido.
La personas nominadas asf son:
Bob Johnson
JoAnne L. Mounce
Que §10229 del C6digo Electoral permite que uno de los siguientes cursos de acci6n estar
tornado por el Consejo Municipal:
1. Designar a la oficina la(s) persona(s) quien ha(n) sido nominada(s).
2. Designar a la oficina a cualquier votante elegible si nadie ha sido nominado.
3. Mantenga la elecci6n si nadie o solamente una persona ha sido nominada.
EI Consejo Municipal se reunira a las 7 de la manana el martes, 23 de Agosto, 2016, para realizar
las designaciones o dirigir que una elecci6n sea realizada. La(s) persona(s) designadas, si hay alguien,
sera calificado y tomara posesi6n de la oficina y servira exactamente como si elegido en una elecci6n
municipal para la oficina.
Si para el dfa numero 75 antes de la elecci6n municipal, nadie ha sido designado a la oficina
segun (1) o (2) arriba, la elecci6n sera realizada.
Si el Consejo Municipal hace la designaci6n segun §10229, C6digo Electoral, la Secretaria
Municipal no aceptara la presentaci6n de cualquier declaraci6n de candidatura escrita que sea
presentada despues de la realizaci6n de designaci6n.
Jennifer M. Ferraiolo
Secretaria Municipal
Fechado: 17 de Agosto, 2016
DECLARATION OF POSTING
NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN
OFFICES TO BE ELECTED
On Monday, August 15, 2016, in the City of Lodi, San Joaquin County, California, a
Notice that there are not more candidates than offices to be elected (attached and
marked as Exhibit A), was posted at the following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
WorkNet Office
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 15, 2016, at Lodi, California.
ORDERED BY:
4NNIFE&FERRAIOLO
CITY CLERK
PAMELA M. FARRIS
DEPUTY CITY CLERK
NA\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOST.DOC
ELIZABETH BURGOS
ADMINISTRATIVE CLERK
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 S O
of California relating to the General Municipal Election in the. City of Lotti to be held on Tuesday,.
November 8, 2016:
As of the close of the nomination period on August 12, 2016, there are not more
candidates than offices to be elected.
The person(s) so nominated are:
Bob Johnson
JoAnne L. Mounce
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/have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold ttie election if either n01 one oronly 6110 person has been nominated.
The City Council will meet W7 a.m. on Tuesday, (August 23, 2046, to either make the
appoiritment(s) or direct an election to be held. The person(s) appointed, i# any, shall qualify and
take office and serve exactly as if elected at a munid .pal 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.
I
Dated: Aggust 17 2, 6
AVISO QUE NO HAY MAS CANDIDATOS QUE OFICINAS PARA SER ELEGIDO
POR MEDIO DE LA PRESENTE SE NOTIFICA QUE segun §10229 del Codigo Electoral del Estado de
California relativa a la eleccion general municipal en la Ciudad de Lodi a ser realizada el martes, 8 de
noviembre, 2016:
A partir del cierre del periodo de nominacion el 12 de agosto, 2016, no hay mss candidatos que
oficinas para ser elegido.
La personas nominadas asi son:
Bob Johnson
JoAnne L. Mounce
Que §10229 del Codigo Electoral permite que uno de los siguientes cursos de accion estar
tornado por el Consejo Municipal:
1. Designar a la oficina la(s) persona(s) quien ha(n) sido nominada(s).
2. Designar a la oficina a cualquier votante elegible si nadie ha sido nominado.
3. Mantenga la eleccion si nadie o solamente una persona ha sido nominada.
EI Consejo Municipal se reunirs a las 7 de la manana el marten, 23 de Agosto, 2016, para realizar
las designaciones o dirigir que una eleccion sea realizada. La(s) persona(s) designadas, si hay alguien,
sers calificado y tomars posesion de la oficina y servirs exactamente como si elegido en una eleccion
municipal para la oficina.
Si para el dia numero 75 antes de la eleccion municipal, nadie ha sido designado a la oficina
segun (1) o (2) arriba, la eleccion sers realizada.
Si el Consejo Municipal hace la designacion segun §10229, Codigo Electoral, la Secretaria
Municipal no aceptars la presentacion de cualquier declaracion de candidatura escrita que sea
presentada despues de la realizacion de designacion.
Jennifer M. Ferraiolo
Secretaria Municipal
Fechado: 17 de Agosto, 2016
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOBJOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333=6702 / FAX (209). 333-5:807.
ww ..I .fldi,Q.ny citycferk�l i. 4u
August 23, 2016
Austin Erdman
Registrar of Voters
44 N. San Joaquin St., Ste. 350
Stockton, CA 95202
RE: NOVEMBER 8, 2016, GENERAL MUNICIPAL ELECTION
Appointment of Officers and Cancellation of Election of Officers
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
Attacher{ please find copy of the following resolution pertaining to the November 8, 2016,
General Municipal Election, which was adopted by the Lodi City Council at its August 23
special meeting:
■ Resolution providing for the appointment to the offices of this City that were to be
elected on Tuesday, November 8, 2016.
The Lodi City Council unanimously appointed the following persons to the offices to
which they were nominated: Bob Johnson and JoAnne L., Mounce. In addition, the
election scheduled to be held on Tuesday, November 8, 2016, for the purpose of electing
officers to the Lodi City Council was canceled. I respectfully request the withdrawals of the
candidate statements from the sample ballot book.
Should you have any questions regarding this matter, please feel free to give me a call.
Sincerely,
nnifer Ferraiolo
City Clerk
JMF
Enclosures
N:W,dministration\CLERK\Election\2016\ISJROV ElectionRes_Cancellation.doc