SR - RES-10963 - RESOLUTIONS CANCELLING ELECTIONAGENDA ITEM
1. SUBJECT
Consideration of the cancellation of the November 8, 2016, General Municipal Election and the
appointment of the incumbent candidates to City Office.
2. SUMMARY
Resolution No. 10963 — Cancelling the November 8, 2016, General Municipal Election for the
office of Mayor for the full two year term from 2016 -2018.
Resolution No. 10964 — Cancelling the November 8, 2016, General Municipal Election for the
two offices of City Council Member (Murphy) for the full four year term from 2016 -2020.
Resolution No. 10965 — Cancelling the November 8, 2016, General Municipal Election for the
two offices of City Council Member (Alvarez) for the full four year term from 2016 -2020.
Resolution No. 10966 — Cancelling the November 8, 2016, General Municipal Election for the
two offices of City Clerk and City Treasurer for the full four year term from 2016 -2020.
3. RECOMMENDATION
Consider the Chief Clerk's Certification of Facts that there are not more candidates than offices
to be filled at the City's General Municipal Election on November 8, 2016. Determine whether to
cancel the City Election and appoint the respective incumbents as the only verified candidates for
the open offices, or hold the City Election as scheduled.
ITEM 7.1 1 08/23/2016
4. FISCAL IMPACT
Funds to conduct the General Municipal Election are included in the proposed budget for FY
2016 -2017, Account Number 100.0401.52551. Cancelling the Election will save the City
approximately $70,000.00. The City's final costs are determined by the Orange County Registrar
of Voters and are based on the number of candidates running and the number of pages required
for the Sample Ballot.
5. STRATEGIC PLAN GOAL(S)
Election of the City's public officials serves the Strategic Plan's five goals and each of their
supporting strategies that the elected officials use to guide the direction of the organization.
6. GENERAL PLAN IMPLEMENTATION
Not applicable.
7. DISCUSSION and BACKGROUND
At its June 14, 2016 meeting, the City Council approved resolutions calling for a Municipal
Election to be held on November 8, 2016. On July 6, 2016, the Chief Clerk published a Notice
of Election for Public Office providing that the City of Orange would be holding a General
Municipal Election on Tuesday November 8, 2016, and inviting candidacy and nomination
papers to the offices of Mayor, two City Council Members, City Treasurer, and City Clerk.
The deadline for candidates to file nomination papers to seek any of these offices was Friday,
August 12, 2016. At the close of the filing period, the City Clerk's office received one verified
candidate filing for the office of Mayor, from incumbent, Teresa Smith; two verified candidate
filings for City Council Member, from incumbents, Mark Murphy and Mike Alvarez; one
verified candidate filing for City Treasurer, from incumbent Richard Rohm; and one verified
candidate filing for City Clerk, from incumbent Mary Murphy.
On August 15, 2016, the Chief Clerk submitted a Certification of Facts to the City Council that
there are not more candidates nominated than offices to be filled for the 2016 Election. Because
there are no candidates challenging the incumbents, the Council has the option to cancel the City
Election and appoint the incumbent candidates to their respective offices. Alternatively, the
Council could choose to hold the City Election as scheduled.
Although one agenda report has been prepared, there are four resolutions on the Agenda to avoid
a potential conflict of interest to those Council Members who are candidates in the election cycle,
and to ensure a quorum to consider each type of office.
ITEM 7.1 2 08/23/2016
8. ATTACHMENTS
Resolution Nos. 10963, 10964, 10965, and 10966
City Clerk Certification of Facts
ITEM 7.1 2 08/23/2016
RESOLUTION NO. 10963
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE, CANCELLING THE NOVEMBER 8, 2016,
GENERAL MUNICIPAL ELECTION FOR THE OFFICE
OF MAYOR FOR THE FULL TWO YEAR TERM FROM
2016 -2018.
WHEREAS, the City of Orange has scheduled a General Municipal Election on
November 8, 2016, to elect one (1) Mayor, two (2) City Council Members, one (1) City
Treasurer, and one (1) City Clerk; and
WHEREAS, at the close of the nomination period on August 12, 2016, the only
candidate papers received and verified by the Chief Clerk for the office of Mayor were
from the incumbent Mayor; and
WHEREAS, on August 15, 2016, the Chief Clerk submitted a written
certification to the City Council providing there are not more candidates nominated for
the office of Mayor than seats to be filled at the General Municipal Election; and
WHEREAS, pursuant to California Election Code Section 10229, the City
Council is authorized to take one of the following courses of action when the number of
candidates nominated does not exceed the number of offices to be filled at a municipal
election:
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; and
WHEREAS, a notice of the foregoing facts was published on August 14, 2016, in
the Orange County Register, a newspaper of general circulation in the City of Orange.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Orange General Municipal Election scheduled to be
held on Tuesday, November 8, 2016, is hereby cancelled with respect to the office of
Mayor.
RESOLUTION NO. 10964
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE, CANCELLING THE NOVEMBER 8, 2016,
GENERAL MUNICIPAL ELECTION FOR TWO OFFICES
OF CITY COUNCIL MEMBER (MURPHY) FOR THE
FULL FOUR YEAR TERM FROM 2016 -2020.
WHEREAS, the City of Orange has scheduled a General Municipal Election on
November 8, 2016, to elect one (1) Mayor, two (2) City Council Members, one (1) City
Treasurer, and one (1) City Clerk; and
WHEREAS, at the close of the nomination period on August 12, 2016, the only
candidate papers received and verified by the Chief Clerk for the office of City Council
Member were from the incumbent City Council Members; and
WHEREAS, on August 15, 2016, the Chief Clerk submitted �a written
certification to the City Council providing there are not more candidates nominated for
the office of City Council Member than seats to be filled at the General Municipal
Election; and
WHEREAS, pursuant to California Election Code Section 10229, the City
Council is authorized to take one of the following courses of action when the number of
candidates nominated does not exceed the number of offices to be filled at a municipal
election:
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; and
WHEREAS, a notice of the foregoing facts was published on August 14, 2016, in
the Orange County Register, a newspaper of general circulation in the City of Orange.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Orange General Municipal Election scheduled to be
held on Tuesday, November 8, 2016, is hereby cancelled with respect to the office of City
Council Member.
RESOLUTION NO. 10965
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE, CANCELLING THE NOVEMBER 8, 2016,
GENERAL MUNICIPAL ELECTION FOR TWO OFFICES
OF CITY COUNCIL MEMBER (ALVAREZ) FOR THE
FULL FOUR YEAR TERM FROM 2016 -2020.
WHEREAS, the City of Orange has scheduled a General Municipal Election on
November 8, 2016, to elect one (1) Mayor, two (2) City Council Members, one (1) City
Treasurer, and one (1) City Clerk; and
WHEREAS, at the close of the nomination period on August 12, 2016, the only
candidate papers received and verified by the Chief Clerk for the office of City Council
Member were from the incumbent City Council Members; and
WHEREAS, on August 15, 2016, the Chief Clerk submitted a written
certification to the City Council providing there are not more candidates nominated for
the office of City Council Member than seats to be filled at the General Municipal
Election; and
WHEREAS, pursuant to California Election Code Section 10229, the City
Council is authorized to take one of the following courses of action when the number of
candidates nominated does not exceed the number of offices to be filled at a municipal
election:
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; and
WHEREAS, a notice of the foregoing facts was published on August 14, 2016, in
the Orange County Register, a newspaper of general circulation in the City of Orange.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Orange General Municipal Election scheduled to be
held on Tuesday, November 8, 2016, is hereby cancelled with respect to the office of City
Council Member.
RESOLUTION NO. 10966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE, CANCELLING THE NOVEMBER 8, 2016,
GENERAL MUNICIPAL ELECTION FOR THE OFFICES
OF CITY CLERK AND CITY TREASURER FOR THE
FULL FOUR YEAR TERM FROM 2016 -2020.
WHEREAS, the City of Orange has scheduled a General Municipal Election on
November 8, 2016, to elect one (1) Mayor, two (2) City Council Members, one (1) City
Treasurer, and one (1) City Clerk; and
WHEREAS, at the close of the nomination period on August 12, 2016, the only
candidate papers received and verified by the Chief Clerk for the office of City Clerk and
City Treasurer were from the incumbent City Clerk and City Treasurer; and
WHEREAS, on August 15, 2016, the Chief Clerk submitted a written
certification to the City Council providing there are not more candidates nominated for
the office of City Clerk and City Treasurer than seats to be filled at the General
Municipal Election; and
WHEREAS, pursuant to California Election Code Section 10229, the City
Council is authorized to take one of the following courses of action when the number of
candidates nominated does not exceed the number of offices to be filled at a municipal
election:
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; and
WHEREAS, a notice of the foregoing facts was published on August 14, 2016 in
the Orange County Register, a newspaper of general circulation in the City of Orange.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City of Orange General Municipal Election scheduled to be
held on Tuesday, November 8, 2016, is hereby cancelled with respect to the office of City
Clerk and City Treasurer.
CITY COUNCIL MINUTES AUGUST 23, 2016
7. ADMINISTRATIVE REPORTS
7.1 Consideration of Appointment to the Offices of Mayor, City Council Member, City
Treasurer, and City Clerk for the City of Orange; and the cancellation of the
November 8, 2016, General Municipal Election for the City of Orange due to
insufficient nominees. (E1100.0)
City Attorney Winthers presented the staff report. Pursuant to Elections Code section
10229 the City Council has the option to cancel an election when no candidates file to fun
against incumbents. There were five seats open and only the five incumbents filed to run
for office.
•
PUBLIC SPEAKERS: Theresa Sears urged Council to approve the four resolutions
cancelling the election.
Mayor Smith asked that Laura Thomas's letter urging Council to pass the four resolutions
be read into the record.
RESOLUTION NO. 10963
A Resolution of the City Council of the City of Orange, cancelling the November 8, 2016,
General Municipal Election for the Office Of Mayor for the full two -year term from
2016 -2018.
MOTION - Murphy
SECOND - Alvarez
AYES - Alvarez, Whitaker, Murphy, Nichols
RECUSE - Smith
Moved to approve Resolution No. 10963.
RESOLUTION NO. 10964
A Resolution of the City Council of the City of Orange, cancelling the November 8, 2016,
General Municipal Election for the two offices of City Council Member (Murphy) for the
full four -year term from 2016 -2020.
MOTION - Whitaker
SECOND - Smith
AYES - Alvarez, Whitaker, Smith, Nichols
RECUSE - Murphy
Moved to approve Resolution No. 10964.
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CITY COUNCIL MINUTES AUGUST 23, 2016
7. ADMINISTRATIVE REPORTS (Continued)
RESOLUTION NO. 10965
A Resolution of the City Council of the City of Orange, cancelling the November 8, 2016,
General Municipal Election for the two offices of City Council Member (Alvarez) for the
full four -year term from 2016 -2020.
MOTION - Nichols
SECOND - Murphy
AYES - Whitaker, Smith, Murphy, Nichols
RECUSE - Alvarez
Moved to approve Resolution No. 10965.
RESOLUTION NO. 10966
A Resolution of the City Council of the City of Orange, cancelling the November 8, 2016,
General Municipal Election for the two offices of City Clerk and City Treasurer for the
full four -year term from 2016 -2020.
MOTION - Murphy
SECOND - Nichols
AYES - Alvarez, Whitaker, Smith, Murphy, Nichols
Moved to approve Resolution No. 10966.
Mayor Smith announced that history is being made with this cancellation. Based on
research completed by City staff, this is the first entire General Municipal Election that
has been cancelled since at least as far back as 1950 in the City of Orange.
8. REPORTS FROM CITY MANAGER - None
9. LEGAL AFFAIRS - None
10. ITEMS RELATING TO THE SUCCESSOR AGENCY OF THE ORANGE
REDEVELOPMENT AGENCY - None
11. PUBLIC HEARINGS - None
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CITY COUNCIL MINUTES AUGUST 23, 2016
12. ADJOURNMENT — The City Council adjourned at 5:20 p.m.
The next Regular City Council Meeting will be held on Tuesday September 13, 2016, at
6:00 p.m. in the Council Chamber with a Closed Session beginning at 5:00 p.m., if
necessary.
, 01)4
ReitERT ORNADO TERESA E. SMITH
CHIEF CLERK MAYOR
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