Agenda Item Wording:
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Appointment in lieu of election - Consider adopting Resolution No. 2026-61 providing for the appointment in lieu of election to the office of City Councilmember for District 3 pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
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Agenda Date: 08/17/2026
Prepared by: Reyna Rivera, Chief Deputy City Clerk reyna.rivera@visalia.gov 713-4512; Leslie B. Caviglia, City Manager Leslie.Caviglia@visalia.gov 713-4332
Department Recommendation: Staff recommends that the City Council adopt Resolution No. 2026-61 providing for the appointment in lieu of election of the qualified candidates for City Council District 3 pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
Summary:
The nomination period for the November 3, 2026 Municipal Election closed on August 7, 2026. An extended nomination period was available through August 12, 2026 for offices where an eligible incumbent did not file nomination papers by the close of the regular nomination period. The extended nomination period did not apply to the City Council offices for Districts 3, as the incumbent for that office filed nomination papers during the regular nomination period.
Following the close of the nomination period, only one qualified candidate was nominated for the City Council office for District 3. Pursuant to California Elections Code Section 10229, when no more than one candidate has been nominated for an elective office, the City Council may appoint the nominated candidate to the office in lieu of conducting an election for that office.
The proposed resolution would appoint Brian Poochigian to the office of City Councilmember for District 3, cancel the November 3, 2026 Municipal Election for that office, and authorize the City Clerk to complete the required election procedures.
The appointment in lieu of election process applies only to the City Council office for Districts 3. Any City Council office with multiple qualified candidates will remain on the November 3, 2026 ballot and proceed through the regular election process.
Background Discussion:
The City of Visalia’s November 3, 2026 Municipal Election includes elections for City Council offices in Districts 3, 4, and 5. The nomination period for candidates opened on July 13, 2026 and closed on August 7, 2026. Pursuant to California Elections Code requirements, an extended nomination period was available through August 12, 2026 for offices where an eligible incumbent did not file nomination papers by the close of the regular nomination period.
The extended nomination period did not apply to the City Council offices for District 3. At the close of the nomination period on August 7, 2026, the only qualified nomination papers received for the City Council District 3 office were filed by incumbent Brian Poochigian.
California Elections Code Section 10229 provides that when no more than one candidate has been nominated for an elective office, the City elections official shall submit a certificate of the facts to the governing body. The governing body may then take one of the following actions:
1. Appoint to the office the person who has been nominated;
2. Appoint to the office any eligible elector if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated.
A notice of the facts regarding the candidates nominated for the office of City Council member for Districts 3 was published in a newspaper of general circulation pursuant to Government Code Section 6061 and posted at the City’s designated posting locations and on the City’s website.
By adopting Resolution No. 2026-61, the City Council would appoint the nominated candidate in lieu of election and cancel the November 3, 2026 Municipal Election for that office. Pursuant to Elections Code Section 10229, the City Clerk/Elections official shall not accept for filing any statement of write-in candidacy submitted after the appointment is made.
The appointed candidate will be sworn into office at the first regularly scheduled meeting following certification of the election results by the Tulare County Registrar of Voters and will take office and serve exactly as if elected at the municipal election for the term ending November 2030.
Fiscal Impact including annual maintenance and operating costs: The appointment in lieu of election for City Council District 3 will reduce election-related costs associated with that office, including costs related to ballot preparation, election materials, and election administration. The exact savings cannot be determined because election costs are shared among participating jurisdictions and vary based on the number of offices and measures included on the ballot. The election cost is estimated to be $20,000-$25,000.
Prior Council Action: 06/01/2026 - City Council adopted a resolution requesting and consenting to the consolidation of the November 3, 2026 Municipal Election with the Statewide General Election administered by the Tulare County Registrar of Voters.
Alternatives:
1. Do not adopt Resolution No. 2026-61 and allow the City Council offices for Districts 3 to proceed to election.
2. Provide alternative direction to staff.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution No. 2026-61 providing for the appointment in lieu of election to the office of City Council member for District 3, pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
Environmental Assessment Status: n/a
CEQA Review: n/a
Deadline for Action: 08/17/2026
Attachments: Resolution appointment in lieu of election; public notice; and elections code.
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply.
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