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2012/08/22 City Council Resolution 2012-96RESOLUTION NO. 2012-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PROVIDING FOR THE APPOINTMENT OF THE ONLY NOMINEES TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED TUESDAY, NOVEMBER 6, 2012, CANCELING THE GENERAL MUNICIPAL ELECTION CURRENTLY SCHEDULED FOR NOVEMBER 6, 2012, AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA TO TAKE ALL STEPS REQUIRED TO REMOVE SAID ELECTION FROM THE CONSOLIDATED ELECTION SCHEDULED FOR THAT DATE. WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 10, 2012, if there are not more candidates than offices to be elected, § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: I . 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, the City Clerk's Certification that there were not more candidates than offices to be elected, Exhibit A, was submitted to City Council pursuant to law. WHEREAS, a notice that there were not more candidates than offices to be elected was published on August 17, 2012 in the Community Voice pursuant to law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park does hereby resolve, declare, determine and order as follows: SECTION 1: Pursuant to §10229 of the Elections Code of the State of California, the following action is being taken: The following persons are hereby appointed to the offices to which they were nominated: NAME OFFICE TERM Jake Mackenzie Member of the City Council 2012-2016 Gina Belforte Member of the City Council 2012-2016 Joseph T. Callinan Member of the City Council 2012-2016 SECTION 2: The election scheduled to be held on Tuesday, November 6, 2012, is now canceled, 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City Council's request to the Board of Supervisors to consolidate that election with the statewide election is hereby rescinded and the Board of Supervisors is hereby requested to direct the County Clerk to take all steps required to remove reference to a general municipal election in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 Rohnert Park from the ballot materials for such election and to otherwise implement the cancelation of said election with the cooperation and assistance of the City Clerk of the City of Rohnert Park. SECTION 3: The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 4: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. DULY AND REGULARLY ADOPTED at a special meeting of the City Council of the City of Rohnert Park held on the 22nd day of August, 2012. ATTEST: t_..I -_ CITY OF ROHNERT PARK ABSENT W AHANOTU: NU BELFORTE: ABSENT CALLINAN.-t2flMIOWTAFFORD: PEE MACKENZIE: I\15 AYES: ( ) NOES: ( © ) ABSENT: ( 2) ABSTAIN: ( 0 ) Exhibit A CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION FOR THE CITY OF ROHNERT PARK I, JoAnne Currie, City Clerk of the City of Rohnert Park do hereby certify that pursuant to § 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to .be held on Tuesday, November 6, 2012: As of the close of the nomination period on August 10, 2012, there are not more candidates than offices to be elected to the three "at large" City Council positions. The persons so nominated are: Gina Belforte Joseph Callinan Jake Mackenzie That §10229 of the Elections Code allows one of the following courses of action 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. A notice of these facts will be published on August 17, 2012, in the Community Voice pursuant to § 6061 of the Government Code. The City Council will meet on Wednesday, August 22, 2012, at 10:00 a.m., in the Community Center Conference Room 5401 Snyder Lane, Rohnert Park, California 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. 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 § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write -in candidacy which is submitted after the appointment is made. J nne M. Currie, City Clerk