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HomeMy WebLinkAboutCC Resolution 14383 (Election Cancellation 2017)RESOLUTION NO. 14383 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 7, 2017 AND CANCELLING THE CITY ELECTION ON THAT DATE WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, the City Clerk has certified that as of the close of the nomination period on August 11, 2017, there are not more candidates than offices to be elected at the General Municipal Election for the City of San Rafael scheduled for November 7, 2017; and WHEREAS, Section 10229 of the Elections Code allows one of the following courses of action to be taken 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; or 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 Tuesday, August 15, 2017, in a newspaper of general circulation pursuant to law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Pursuant to Section 10229 of the Elections Code of the State of California, the following persons are hereby appointed to the offices to which they were nominated: NAME OFFICE TERM Maribeth Bushey Member of the City Council Five Years 12/17 — 12/22 Kate Colin Member of the City Council Five Years 12/17 — 12/22 Section 2. The General Municipal Election for the City of San Rafael scheduled to be held on Tuesday, November 7, 2017, is now cancelled. Section 3. The persons hereby 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. I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on Monday, the 21 st day of August, 2017, by the following vote to wit: AYES: COUNCILMEMBERS: Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ABSTAIN: COUNCILMEMBERS: Bushey ESTHER C. BEIRNE, City Clerk 2 Attachment 3 NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED 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 San Rafael to be held on Tuesday, November 7, 2017, as follows: That as of the close of the nomination period on August 11, 2017, there are not more candidates than offices to be elected in the City of San Rafael; That the persons nominated for the offices to be elected are: Kate Colin for Councilmember Maribeth Bushey for Councilmember That Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person(s) who have been nominated; 2. Appoint to the office any eligible voter if no one has been nominated; or 3. Hold the election if either no one or only one person has been nominated; That the City Council will meet on Auqust 21, 2017 at 7:00 p.m., at the City Council Chambers of the Citv of San Rafael, 1400 Fifth Avenue, San Rafael, to either make the appointments and cancel the election for the City of San Rafael, or direct an election to be held, and the persons so appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office; That 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; and That if the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Dated: August 15, 2017 Esther Beirne, City Clerk