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HomeMy WebLinkAbout2012-08-22 Packet - SpecialCITY OF UKIAH CITY COUNCIL AGENDA Special Meeting Ukiah Valley Conference Center, Chenin Blanc Rm 200 S. School Street Ukiah, CA 95482 August 22, 2012 4:00 p.m. 1. ROLL CALL 2. UNFINISHED BUSINESS a. Adoption Of Resolution Of The City Of Ukiah Appointing The Only Nominees For City Council And City Treasurer To Those Positions, Cancelling The General Municipal Election Currently Scheduled For November 6, 2012, And Requesting Mendocino County To Take All Steps Required To Remove The General Municipal Election From The Consolidated Election Scheduled For That Date. 4. PUBLIC COMMENT 52 ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda. Dated this 14th day of August, 2012 Linda C. Brown, City Clerk C AGENDA SUMM ITEM NO.. MEETING DATE. 2a August 22, 2012 SUBJECT: ADOPTION OF RESOLUTION OF THE CITY OF UKIAH APPOINTING THE ONLY NOMINEES FOR CITY COUNCIL AND CITY TREASURER TO THOSE POSITIONS, CANCELLING THE GENERAL MUNICIPAL ELECTION CURRENTLY SCHEDULED FOR NOVEMBER 6, 2012, AND REQUESTING MENDOCINO COUNTY TO TAKE ALL STEPS REQUIRED TO REMOVE THE GENERAL MUNICIPAL ELECTION FROM THE CONSOLIDATED ELECTION SCHEDULED FOR THAT DATE. Background: The City of Ukiah historically has consolidated its elections with Mendocino County. At the close of the nominations. period on August 10, 2012, only three individuals had submitted nomination papers, which included City Council incumbents Douglas F. Crane and Mari Rodin, and Treasurer incumbent R. Allen Carter. Discussion: Pursuant to Section 10229 of the Elections Code, a Notice was published in the Ukiah Daily Journal on Tuesday, August 14, 2012, advising that Council must adopt one of the following courses of action: 1) Appoint to the office the persons who have been nominated. 2) Appoint to the office any eligible elector if no one has been nominated. 3) Hold the election, if either no one, or only one person has been nominated. Since there are three official nominations, eliminating option 2, Council needs to make a decision to either appoint the nominated incumbents where the number of persons nominated is equivalent to the number of open positions, or direct the conduct of the election. The cost for providing election services-has been estimated at $20,000 - $25,000 and was budgeted in the Fiscal Year 2012 -2013 Elections budget. Fiscal Impact: Budgeted FY 12/13 New Appropriation Not Applicable Budget Amendment Required Recommended Action(s): 1. Adopt the Resolution Requesting the Mendocino County Board of Supervisors to Cancel the Municipal Election. 2. Appoint the three incumbents nominated. Alternative Council Option(s): Choose to conduct the election. Citizens advised: N/A Requested by: N/A Prepared by: Linda Brown, City Clerk Coordinated with: Jane Chambers, City Manager, David Rapport, City Attorney, and Mendocino County Clerk's Office Attachments: 1. Resolution for Adoption with Exhibit A 2. Certificates of Election (3) Approved: F'or Janie' Cham ers, City Manager `� Attachment 1 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING THE ONLY NOMINEES FOR CITY COUNCIL AND CITY TREASURER TO THOSE POSITIONS, CANCELLING THE GENERAL MUNICIPAL ELECTION CURRENTLY SCHEDULED FOR NOVEMBER 6, 2012, AND REQUESTING MENDOCINO COUNTY TO TAKE ALL STEPS REQUIRED TO REMOVE THE GENERAL MUNICIPAL ELECTION FROM THE CONSOLIDATED ELECTION SCHEDULED FOR THAT DATE. WHEREAS, the City of Ukiah has called a general municipal election to be held in the City of Ukiah on Tuesday, November 6, 2012; and caused to be published in a newspaper of general circulation a notice of the election, and additionally posted such notice on the City's website, the City's bulletin board for Notices, and in the office of the City Clerk; and WHEREAS, the City Council requested and the Board of Supervisors of the County of Mendocino ( "Board of Supervisors ") approved consolidating the City's municipal election with the statewide presidential election scheduled for that same date; and WHEREAS, by 5 p.m. on the 88th day prior to the day fixed for said election, only one person had been nominated for every City office which is to be elected on a citywide basis in that election; and WHEREAS, Elections Code Section 10229 makes provision for appointments to office if no one or only one person has been nominated for any office which is elected on a citywide basis; and WHEREAS, the City of Ukiah election was to have consisted of the following election candidates: two City Council positions, and the office of Treasurer; and WHEREAS, the City Elections Official herewith attaches as Exhibit A a certificate of the facts to the City Council and informs the City Council that it may at a regular or special meeting held before the municipal election, adopt one of the following courses of action: 1) Appoint to the offices the persons who have been nominated; or 2) Hold the election, if either no one, or only one person has been nominated; and WHEREAS, under Elections Code Section 10229, the City elections official is required to and, in fact, did on Tuesday, August 14, 2012, publish in a newspaper of general circulation, pursuant to Government Code Section 6061, a notice of the above - described facts and the courses of action available under said section; and WHEREAS, after the fifth day following the date of such publication and prior to the 75th day before the election, the City Council may make the appointments or direct an election to be held in the City; and WHEREAS, the City Council determines to appoint the nominees for the positions included in the November 6, 2012, election and to cancel the municipal election currently scheduled for said date; NOW, THEREFORE, BE IT RESOLVED as follows: 1. Mari Rodin and Douglas F. Crane are hereby appointed as City Council members, and R. Allen Carter is appointed as City Treasurer, each for four year terms, commencing upon the adoption by the City Council of the official canvass of the November 6, 2012, election from the County Clerk and the seating of the appointed officials and their taking the oath of office; and 2. The general municipal election currently scheduled for November 6, 2012, is hereby cancelled, the City Council's request to the Board of Supervisors to consolidate that election with the statewide election is hereby rescinded and the Board of Supervisors is hereby requested to direct the County Clerk to take all steps required to remove reference to a general municipal election in the City of Ukiah from the ballot materials for such election and to otherwise implement the cancellation of said election with the cooperation and assistance of the City Clerk of the City of Ukiah. THE FOREGOING RESOLUTION WAS ADOPTED at a special meeting of the Ukiah City Council held on the 22nd day of August 2012, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Mary Anne Landis, Mayor ATTEST: Linda Brown, City Clerk Exhibit A NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED NOTICE IS HEREBY GIVEN THAT pursuant to Section 10229 of the Elections Code of the State of California relating to the General Municipal Election to be held in conjunction with the California General Election to be held on Tuesday, November 6, 2012: As of the close of the nomination period on August 10, 2012, three individuals had submitted nomination papers. That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council of the City of Ukiah: 1. Appoint to the offices the persons who have been nominated. 2. Appoint to the offices any eligible voters if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. After the fifth day following the date of publication, the City Council will hold a special meeting to either make the appointments or direct an election to be held. This meeting will be held on Wednesday, August 22, 2012 at 4:00 p.m. in the Ukiah Valley Conference Center, 200 S. School Street. 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 offices pursuant to (1) or (2) above, the election shall be held. 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. Linda C. Brown City Clerk City of Ukiah Dated: August 10, 2012 City Clerk/Election 12 Certificate of Election State of California, County of Mendocino,} ss. Whereas, the City Council of the City of Ukiah, adopted Resolution No. 2012 -_ on August 22, 2012, canceling its General Municipal Election scheduled for the 6th day of November, 2012, pursuant to the California Elections Code. Now therefore, be it resolved that is appointed, as if elected, to the office of City Council Member In Witness Whereof, I have hereunto affixed my hand and official seal this 22nd day of August, 2012, Linda C. Brown, City Clerk Certificate of Election State of California, County of Mendocino,} ss. Whereas, the City Council of the City of Ukiah, adopted Resolution No. 2012 -_ on August 22, 2012, canceling its General Municipal Election scheduled for the 6th day of November, 2012, pursuant to the California Elections Code. Now therefore, be it resolved that DOUGLAS F. CRANE is appointed, as if elected, to the office of City Council Member In Witness Whereof, I have hereunto affixed my hand and official seal this 22nd day of August, 2012, Linda C. Brown, City Clerk Certificate of Election State of California, County of Mendocino,} ss. Whereas, the City Council of the City of Ukiah, adopted Resolution No. 2012 -_ on August 22, 2012, canceling its General Municipal Election scheduled for the 6th day of November, 2012, pursuant to the California Elections Code. Now therefore, be it resolved that R. ALLEN CARTER is appointed, as if elected, to the office of City Treasurer In Witness Whereof, I have hereunto affixed my hand and official seal this 22nd day of August, 2012, Linda C. Brown, City Clerk