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2024/08/20 City Council Resolution 2024-072RESOLUTION NO.2024-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION 2024-035 CALLING FOR A CONSOLIDATED GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, CANCELLING THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION, AND APPOINTING THE ONLY NOMINATED PERSONS FOR CITY COUNCIL IN DISTRICTS 1, 3 & 4 WHEREAS, pursuant to § 10229(a) of the Elections Code of the State of California, as of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected from each legislative district and only one person has been nominated to be elected from each district; WHEREAS, under those circumstances, § 10229 of the Elections Code allows the City Council to take the following course of action : 1. Appoint to the office the person who has been nominated; or 2. Hold the election if either no one or only one person has been nominated; and WHEREAS, the City Clerk prepared and published on August 15, 2024, her Certification that there were not more candidates than offices to be elected and only one person has been nominated to be elected from each legislative district, a true and correct copy of which is attached hereto as Exhibit A. 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SECTION 1: Resolution 2024-035 calling for a consolidated General Municipal Election on November 5, 2024, is hereby rescinded, and the City Clerk is directed to work with the County of Sonoma Board of Supervisors to remove references to the City's general municipal election from all County ballot materials. SECTION 2: Pursuant to § 10229(a) of the Elections Code of the State of California, the City Council hereby appoints the following persons to the office(s) to which they were nominated and are considered to be the same as being elected: NAME OFFICE TERM Samantha Rodriguez Member of the City Council, District 1 2024-2028 Gerard Giudice Member of the City Council, District 3 2024-2028 Jackie Elward Member of the City Council, District 4 2024-2028 SECTION 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. OAK #4891-7620-0152 vl DULY AND REGULARLY ADOPTED this 201h day of August, 2024. ATTEST: Sylvia Lopez Cuevas, City C erk APP M. Kenyon, City Attorney Attachment: Exhibit A 1 ' /l!Q!31.ilIff61349 Susan H. Adams, Mayor ELWARD RODRIGUEZ: SANBORN GIUDICE: makDANIS:�N� AYES: ( ) NOES: ( ) .ABSENT: ( :tBSTAIN: ( 06) 7� Resolution 2024-072 Page 2 of 2 OAK #4891-7620-0152 vl CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION FOR THE CITY OF ROHNERT PARK I, Sylvia Lopez Cuevas, 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 5, 2024: As of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected to the three district City Council positions. The persons so nominated are: Samantha Rodriguez 2024-2028 Member, City Council District 1 Gerard Giudice 2024-2028 Member, City Council District 3 Jackie Elward 2024-2028 Member, City Council District 4 That § 10229 of the Elections Code allows the following course of action by the City Council where only one person has been nominated for any office that is elected by legislative district: 1. Appoint to the office the person who has been nominated. 2. Hold the election if only one person has been nominated. A notice of these facts will be published on August 15, 2024, in the Press Democrat pursuant to §6061 of the Government Code. The City Council will meet on Tuesday, August 20, 2024, at 5:00 p.m., in the Rohnert Park City Council Chambers, 130 Avram, 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) 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. s/ Sylvia Lopez Cuevas City Clerk & Elections Official Dated: August 15, 2024 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Sonoma I am a citizen of the United States and a resident of the county aforesaid: am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Press Democrat, a newspaper of general circulation, printed and published DAILY IN THE City of Santa Rosa, County of Sonoma; and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Sonoma, State of California, under the date of November 29, 1951, Case number 34831, that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to wit: The Press Democrat - Legal Notices 08/15 - 08/15/2024 I certify (or declare) under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct Dated 08/15/2024 at Santa Rosa, California 11� Stefanie Puckett CITY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION FOR THE CITY OF ROHNERT PARK I, Sylvia Lopez Cuevas, 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 5, 2024: As of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected to the three district City Council positions. The persons so nominated are: NAME TERM OFFICE Samantha Rodriguez 2024-2028 Member, City Council District 1 Gerard Giudice 2024-2028 Member, City Council District 3 Jackie Elward 2024-2028 Member, City Council District 4 That §10229 of the Elections Code allows the following course of action by the City Council where only one person has been nominated for any office that is elected by legislative district: 1. Appoint to the office the person who has been nominated. 2. Hold the election if only one person has been nominated. A notice of these facts will be published on August 15, 2024, in the Press Democrat pursuant to §6061 of the Government Code. The City Council will meet on Tuesday, August 20, 2024, at 5:00 p.m., in the Rohnert Park City Council Chambers, 130 Avram, 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) 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 can- didacy which is submitted after the appointment is made. s/ Sylvia Lopez Cuevas City Clerk & Elections Official Dated: August 15, 2024 211862 - Pub Aug 15, 2024 1 ti. The Press Democrat 08/15/2024 Page 1 of 1