HomeMy WebLinkAboutRES 2024-36RESOLUTION 2024-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPOINTING RUTH M. LOW TO REPRESENT COUNCIL
DISTRICT NO. 2, AND STAN LIU TO REPRESENT COUNCIL DISTRICT
NO. 5 FOR A PERIOD OF FOUR YEARS IN LIEU OF AN ELECTION,
AND CANCELLING THE NOVEMBER 5, 2024, GENERAL MUNICIPAL
ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
10229.
WHEREAS, on June 4, 2024, the City Council of the City of Diamond Bar called
for the holding of a General Municipal Election to be held on Tuesday, November 5,
2024, for the purpose of electing two members of the City Council for full terms of four
years. One member to be elected by the voters of District No. 2; and, one member to be
elected by the voters of District No. 5; and,
WHEREAS, as of the close of the nomination period on Friday, August 9, 2024,
only one person filed nomination papers and was qualified to run for the office of City
Council Member representing Council District No. 2; and,
WHEREAS, as of the close of the nomination period on Friday, August 9, 2024,
only one person filed nomination papers and was qualified to run for the office of City
Council Member representing Council District No. 5; and,
WHEREAS, there are not more candidates than offices to be elected for the City
of Diamond Bar Council Districts No. 2 and No. 5 for the November 5, 2024 election;
and,
WHEREAS, because of the above facts, Section 10229 of the California
Elections Code allows the City Council to take one of the following courses of action:
1. Appoint to the office the persons) 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.
WHEREAS, pursuant to Section 10229 of the California Elections Code, a notice,
herein attached and incorporated by reference as Exhibit "A" was published on August
141 2024 in the San Gabriel Valley Tribune, certifying these facts and the courses
available to the City Council; and,
WHEREAS, pursuant to Section 10229 of the California Elections Code, if by the
75t" day before the Scheduled General Municipal Election, August 22, 2024, no person
has been appointed to this office pursuant to (1) or (2) above, the election for Council
Resolution No. 2024-36
Districts No. 2 and No. 5 are required to be held. If appointments are made to these
Aces, the General Municipal Election must be cancelled; and,
WHEREAS, appointments in lieu of an election for Council Districts No. Z. and
No. 5 could result in a cost savings to the City in the estimated range of $53,000 and,
WHEREAS, if the City Council makes an appointment pursuant to Section 10229
of the California Elections Code, the City Clerk/Elections Official shall not accept for
filing any statement of write-in candidacy for City Council Member from Council Districts
No. 2 and No. 5 which are submitted after the appointments are made; and,
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
resolve as follows:
Section 1. That the above recitals are true and correct.
Section 2. Pursuant to Section 10229 of the California Elections Code, the
following action is taken:
A. The following person is appointed to the office to which she was
nominated, and is considered to be the same as being elected, pursuant to Section
10229(a) of the California Elections Code:
NAME
Ruth M. Low
OFFICE
City Council Member
Council District No. 2
4 years
(expires November 2028)
B. The following person is appointed to the office to which he was nominated,
and is considered to be the same as being elected, pursuant to Section 10229(a) of the
California Elections Code:
NAME
OFFICE
Stan Liu City Council Member
Council District No. 5
TERM
4 years
(expires November 2028)
Section 3. Pursuant to Section 10229 of the California Elections Code, the
General Municipal Election scheduled to be held on Tuesday, November 5, 2024, to
elect a candidate for City Council Member from Council Districts No. 2 and No. 5 is
hereby cancelled due to the fact that there is not more than one nominee who chose to
run for that office, and the City Council has made the above appointment.
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Resolution No. 2024-36
Section 4. The persons appointments shall qualify and take office and serve
exactly as if elected at the General Municipal Election that would have been held on
November 5, 2024, for the office.
Section 5. The City Clerk shall notify the Los Angeles County Registrar of
Voters of the City Council's action.
Section 6. This Resolution shall take effect immediately upon its adoption.
Section 7. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of August 2024.
CITY OF D MOND BAR
Sta , Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 20th day of August 2024, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED
Attachments:
Exhibit A —Notice
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Chou, Low, Tye, MPT/Teng, M/Liu
None
None
None
Kristina Santana, City Clerk
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Resolution No. 2024-36
NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE
ELECTED IN ELECTORAL DISTRICTS NO. 2 AND NO. 5 AT THE NOVEMBER 51
2024 GENERAL MUNICIPAL ELECTION FOR THE CITY OF DIAMOND BAR
NOTICE IS HEREBY GIVEN pursuant to Section 10229 of the Elections Code of the
State of California relating to the General Municipal Election in the City of Diamond Bar
called to be held on Tuesday, November 5, 2024, that:
As of the close of the nomination period on Friday, August 9, 2024, only one person has
filed qualified nomination papers to fill the City Council seat for Electoral District No. 2,
and only one person has filed nomination papers to fill the City Council seat for Electoral
District No. 5, up for election on November 5, 2024, Therefore:
There are not more candidates than offices to be elected for City of Diamond Bar
Electoral District No. 2. The person so nominated is:
Ruth M. Low
There are not more candidates than offices to be elected for City of Diamond Bar
Electoral District No. 5. The person so nominated is:
Stan Liu
Because of the above facts, Section 10229 of the Elections Code allows the City
Council to take one of the following courses of action:
1. Appoint to the office the persons) who has/have been nominated.
2. Appoint to the office any eligible voter if no one else has been nominated.
3. Hold the election if either no one or only one person has been nominated
At a regular City Council
meeting to be held on August 202024at 6:30 p.m. in
If the City Council makes an appointment pursuant to Section 10229 of the Elections
Code, the Elections Official shall not accept for filing any statement of write-in candidacy
for City Council Member from Electoral Districts No. 2 and No. 5 which are submitted
after the appointments are made.
If by the 75t" day before the General Municipec
Kristina Santana
City Clerk
August 14, 2024
I Election, no persons have been
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