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HomeMy WebLinkAboutCC Reso 2013-36 - Appointment of Stephen Scalmanini and Cancellation of Election � RESOLUTION NO. 2013-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING THE I ONLY NOMINEE FOR CITY COUNCIL, FILLING THE UNEXPIRED TERM OF MARI RODIN, AND CANCELLING THE MUNICIPAL ELECTION CURRENTLY SCHEDULED FOR MARCH 4, 2014; REQUESTING MENDOCINO COUNTY TO TAKE ALL STEPS REQUIRED TO REMOVE THE MUNICIPAL ELECTION SCHEDULED FOR THAT DATE. WHEREAS, the City of Ukiah has called a special municipal election to be held in the City of Ukiah on Tuesday, March 4, 2014; 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 to the Board of Supervisors ofthe County of � Mendocino ("Board of Supervisors") the City's municipal election scheduled for that same I date; and WHEREAS, by 5 p.m. on the 88`h day prior to the day fixed for said election, only one person had been nominated for the City Council 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: one City Council position; and WHEREAS, the City Elections Official herewith attaches as ExhibitA, 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 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, under Elections Code Section 10229, the City elections official is required to and, in fact, did on Wednesday, December 11, 2013, publish in a newspaperof general circulation, pursuant to Government Code Section 6061, a notice of the above- i 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 75'h day before the election, the City Council may make the appointment or direct an election to be held in the City; and WHEREAS, the City Council determines to appoint the nominee for the position ' included in the March 4, 2014, election and to cancel the municipal election currently I I — _ �� scheduled for said date. NOW, THEREFORE, BE IT RESOLVED as follows: 1. Stephen G. Scalmanini is hereby appointed as a City Council member, to fill the unexpired term of Mari Rodin, term expiring November, 2016; and commencing upon the adoption by the City Council of the this resolution, the seating of the appointed official and his taking the oath of office; and 2. The special municipal election currently scheduled for March 4, 2014, is hereby � cancelled, the City Council's request to the Board of Supervisors to conduct that 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 municipal election in the City of Ukiah from 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 18'h day of December 2013, by the following roll call vote. AYES: Councilmembers Crane, Thomas, Landis, and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None I � Philip E. Idwin, Mayor ATTEST: / �, lG ��, tl � �c / C�GcC� � —,, Kristine Lawler, City Clerk � I i I I I