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CC 2012-12-03_Installation of OfficersMEMORANDUM TO: CITY COUNCIL FROM: KELLY WETMORE, DIRECTOR OF LEGISLATIVE AND INFORMATION SERVICES/CITY CLERK ~ SUBJECT: INSTALLATION OF OFFICERS DATE: DECEMBER 3,_2012 RECOMMENDATION: It is recommended: 1) The City Council receive and file this report; and 2) Oaths of Office be administered by City Clerk Wetmore to Mayor Ferrara, Council Member . Guthrie and Council Member Ray. FINANCIAL IMPACT: There is no fiscal impact with this action. The City saved approximately $17,000 by canceling the 2012 General Municipal Election. BACKGROUND: Pursuant to Municipal Cod~ Section 1.08.01 0, the City's General Municipal Election is held on the same day as, and co.nsolidated with, the Statewide General Election. The · Statewide General Election is held on the first Tuesday after the first Monday in November of even years. The City was scheduled to have a General Municipal Election on November 6, 2012. At the close of the Nomination Period for the City offices of Mayor and two members of the City Council, oniy one person was nominated for each office. Under these circumstances, th!=! Elections Code provides procedures for appointment to the office if. only one person is nominated for an elective office. The persons are appointed as if elected, and the City may cancel its election. . ' ANALYSIS OF ISSUES: At a Special Meeting on August 21, 2012, the City Council accepted the City Clerk's Certification that there were not more candidates than elected offices to be filled at the General Municipal Election on November 6, 2012. As provided· by Elections Code Section 10229, the City Council adopted Resolution No. 4481, which resulted in the appointments of Tony Ferrara as Mayor for a two-year term and Jim Guthrie and Caren . Ray as Members of the City Council, each for four-year terms. Adoption of the Item 5. - Page 1 CITY COUNCIL INSTALLATION OF OFFICERS DECEMBER 3, 2012 PAGE2 Resolution also resulted in cancellation of the City's General Municipal Election on November 6th_ ALTERNATIVES: The following alternatives are provided for Council's consideration: Receive and file the report and the oaths of office be administered to the incoming officers; or Provide direction to staff. ADVANTAGES: The installation of officers will result in the commencement of new terms for Mayor Ferrara and Council Members Guthrie and Ray, pursuant to State law. DISADVANTAGES: No disadvantages have been identified regarding this item. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall and on the City's website on Wednesday, November 28, 2012. Attachments: 1 . Certification 2. Resolution No. 4481 Item 5. - Page 2 ATTACHMENT 1 CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED I, Kelly Wetmore, City Clerk of the City of Arroyo Grande, do hereby certify, pursuant to Section 10229 of the Elections Code of the State of California, to the following facts relating to the Consolidated General Municipal Election to be held on Tuesday, November 6, 2012: As of the close of the nomination period on August 10, 2012 for the offices of Mayor and two (2) Members of the City Council; there are not more candidates than offices to be elected. The persons so nominated are: NAME Tony Ferrara Jim Guthrie Caren Ray OFFICE Mayor Member of the City Council Member of the City Council TERM 2-Years 4-Years 4-Years That Section 1 0229 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 qne person has been nominated. A notice of these facts will be published on Wednesday, August 15, 2012 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. lf 1 by the 75 1 h day before the municipal election, no person has been appointed to the offices ·pursuant to (1) or (2) above, the el.ection shall be held. Item 5. - Page 3 ATTACHMENT 2 RESOLUTION NO. 4481 A RESOLUTION OF THE CITY COUNCIL OF THIE CITY OF ARROYO GRANDE PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THE CITY OF ARROYO G.RANDE THAT WERE TO BE ·ELECTED ON TUESDAY, NOVEMBER 6, 2012 WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 1 0, 2012 for the offices of Mayor and two (2) Members of City CounCil, there are not more candidates than offices to be elected and that Section 10229 of the Election 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 that there are not more candidates than offices to be elected was published on August 15, 2012 in a newspaper of general circulation pursuant to State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 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: NAME Tony Ferrara Jim Guthrie Caren Ray OFFICE Mayor Member of the City Council Member of the City Council TERM 2 Years A Years 4 Years SECTION .2. The Consolidated General Municipal Election scheduled to be held on Tuesday, ·November 6, 2012, is hereby canceled. · SECTION 3. The persons appointed to said offices as set forth above shall qualify and take office and serve· exactly as if elected at the November 6, 2012 General 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. . On motion of Counci( Member Costello, seconded by Council Member Brown, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Costello-, Brown, and Mayor Ferrara None Council Members Guthrie and Ray -~he foregoing Resolution was p·assed and adopted this 21st day of August 2012. Item 5. - Page 4 RESOlUT~ON NO. PAGE2 APPROVED AS TO CONTENT: S~ITY MANAGER APPROVED AS TO FORM: r ' I Item 5. - Page 5 THIS PAGE INTENTIONALLY LEFT BLANK Item 5. - Page 6