RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI CANCELLING THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the Nomination Period on August 17, 2022, there were not more candidates than offices to be elected and that § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. Appoint to office the person who has been nominated
2. Appoint to 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; and WHEREAS, only two candidates were nominated for the two City Council seats to be filled at the November 8, 2022 election; and
WHEREAS, the City Council may now take action pursuant to No. 1 (appoint to the office the person who has been nominated) or No. 3 (hold the election if either no one or only one person has been nominated) above; and
WHEREAS, there are no other City offices to be filled at the November 8, 2022 election, and no City measure has qualified to be submitted to the voters at that election; and WHEREAS, on August 18, 2022, after 5pm, the Deputy City Clerk delivered to the City Council the certificate required by California Elections Code § 10229, which is attached hereto as Exhibit A; and
WHEREAS, the Deputy City Clerk has, on August 19, 2022, published the notice required by California Elections Code § 10229; and
WHEREAS, the Deputy City Clerk has, on August 18, 2022, posted in three locations within the City of Cotati the notice required by California Elections Code § 10229; and WHEREAS, the City Council has determined that by appointing the officers as permitted by Elections Code § 10229, the General Fund of the City of Cotati will save substantially on the estimated cost of $11,259 to $33,776 to hold the election; and WHEREAS, pursuant to § 10229 of the Elections Code of the State of California the City Council now desires to appoint the two persons nominated for the office of Councilmember, Kathleen Rivers and Sylvia Lemus, to four-year terms as if they were elected at the November 8, 2022 General Municipal Election; and
WHEREAS, in accordance with § 10229 of the Elections Code, the appointments are made by the 75th day before the Municipal Election.
NOW THEREFORE, the City Council of the City of Cotati does hereby RESOLVE, DECLARE, AND DETERMINE as follows:
1. That pursuant to § 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 for which they were nominated and are considered to be the same as being elected, pursuant to § 10229(a)(3) of the Elections Code:
Kathleen Rivers, Member of the City Council for a Four-Year Term Sylvia Lemus, Member of the City Council for a Four-Year Term
2. The election scheduled to be held on Tuesday, November 8, 2022, is now cancelled.
3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office, including formal swearing in and seating at the December 13, 2022 City Council meeting.
4. That the Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
5. Direct the Deputy City Clerk to transmit a certified copy of the resolution and all necessary documents to the Sonoma County Registrar of Voters.
6. Direct the Elections Official to not accept for filing any statement for write-in candidacy after the appointments are made.
7. Determine that this Resolution will become effective immediately upon adoption.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 23rd, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Deputy City Clerk Certification (PDF) Public
Notice (PDF)