HomeMy WebLinkAbout2008-27 Appointment of City Council Members and TreasurerRESOLUTION NO. 2008-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING THE
ONLY NOMINEES FOR CITY COUNCIL AND CITY TREASURER TO THOSE
POSITIONS, CANCELLING THE GENERAL MUNICIPAL ELECTION CURRENTLY
SCHEDULED FOR NOVEMBER 4, 2008, AND REQUESTING MENDOCINO COUNTY
TO TAKE ALL STEPS REQUIRED TO REMOVE THE GENERAL MUNICIPAL
ELECTION FROM THE CONSOLIDATED ELECTION SCHEDULED FOR THAT DATE.
WHEREAS, the City of Ukiah has called a general municipal election to be held in
the City of Ukiah on Tuesday, November 4, 2008; and caused to be published in a
newspaper of general circulation a notice of the election, and additionally posted such
notice on the City's website, the City's bulletin board for Notices, and in the office of the
City Clerk; and
WHEREAS, the City Council requested and the Board of Supervisors of the County
of Mendocino ("Board of Supervisors") approved consolidating the City's municipal election
with the statewide presidential election scheduled for that same date; and
WHEREAS, by 5 p.m. on the 88th day prior to the day fixed for said election, only
one person had been nominated for every City office which is to be elected on a citywide
basis in that election; and
WHEREAS, Elections Code Section 10229 makes provision for appointments to
office if no one or only one person has been nominated for any office which is elected on a
citywide basis; and
WHEREAS, the City of Ukiah election was to have consisted of the following
election candidates: two City Council positions, and the office of Treasurer; and
WHEREAS, the City Elections Official herewith attaches as Exhibit A a certificate of
the facts to the City Council and informs the City Council that it may at a regular or special
meeting held before the municipal election, adopt one ofthe following courses of action: 1)
Appoint to the offices the persons who have been nominated; or 2) Hold the election, if
either no one, or only one person has been nominated; and
WHEREAS, under Elections Code Section 10229, the City elections official is
required to and, in fact, did on Wednesday, August 13, 2008, publish in a newspaper of
general circulation, pursuant to Government Code Section 6061, a notice of the above-
described facts and the courses of action available under said section; and
WHEREAS, after the fifth day following the date of such publication and prior to the
75th day before the election, the City Council may make the appointments or direct an
election to be held in the City; and
WHEREAS, the City Council determines to appoint the nominees for the positions
included in the November 4, 2008, election and to cancel the municipal election currently
scheduled for said date;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Mari Rodin and Douglas F. Crane are hereby appointed as City Council
members, and R. Allen Carter is appointed as City Treasurer, each for four year terms,
commencing upon the adoption by the City Council of the official canvass of the November
8, 2008, election from the County Clerk and the seating of the appointed officials and their
taking the oath of office; and
2. The general municipal election currently scheduled for November 4, 2008, is
hereby cancelled, 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 Ukiah from the ballot materials for
such election and to otherwise implement the cancellation of said election with the
cooperation and assistance of the City Clerk of the City of Ukiah.
THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the
Ukiah City Council held on the 20th day of August 2008, by the following roll call vote.
AYES: Councilmembers Thomas, McCowen; and Vice Mayor Baldwin
NOES: None
ABSENT: None
ABSTAIN: Councilmember Rodin, a d Mayo Crane t~~~
Douglas .Crane, Mayor
~4TTEST: ___
Lin - rown, Ci erk
Exhibit A
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN THAT pursuant to Section 10229 of the Elections Code of the State
of Califomia relating to the General Municipal Election to be held in conjunction with the
California Genera] Election to be held on Tuesday, November 4, 2008:
As of the close of the nomination period on August 8, 2008, three individuals had submitted
nomination papers.
That Section 10229 of the Elections Code allows one of the following courses of action to be taken
by the City Council of the City of Ukiah:
1. Appoint to the offices the persons who have been nominated.
2. Appoint to the offices any eligible voters if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
After the fifth day following the date of publication, the City Council will hold a regular meeting to
either make the appointments or direct an election to be held. This meeting will be held on
Wednesday, August 20, 2008 at 6:00 p.m. in Civic Center Council Chambers, 300 Seminary
Avenue. 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 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.
Linda C. Brown
City Clerk
City of Ukiah
Dated: August 12, 2008
City Clerk/Eledion'08