Resolution No. 2024-XX Page 1 of 2 August 20, 2024
RESOLUTION NO. 24-XX
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON, CALIFORNIA,
PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS TOWN THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, pursuant to Section 10229 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 and 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 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, only two candidates were nominated for the two City Council seats to be filled at the November 5, 2024, election; therefore the City Council may take action pursuant to No. 1 or No. 3 above; and
WHEREAS, there are no other offices to be filled at the November 5, 2024 election, and no measure has qualified to be submitted to the voters at the November 5, 2024 election; WHEREAS, on August 9, 2024, after 5:00 p.m., the City Clerk delivered to the City Council the certificate required by California Elections Code Section 10229, which is attached hereto as Exhibit A; and
WHEREAS, a notice was published in a newspaper of general circulation pursuant to law.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the Town of Atherton, California, does hereby declare, determine and order as follows:
Section 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken:
(a) The following persons are being appointed to the offices to which they were nominated, and the election scheduled to be held on Tuesday, November 5, 2024, is now cancelled:
Diana Hawkins-Manuelian, City Council
Elizabeth Lewis, City Council
Section 2. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.
I hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the Town of Atherton at a Special Meeting thereof held on this 20th day of August, 2024, by the following vote:
Resolution No. 2024-XX Page 2 of 2 August 20, 2024
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Diana Hawkins-Manuelian, Mayor
ATTEST:
Anthony W. Suber, City Clerk
APPROVED AS TO FORM:
Andreas Booher, City Attorney