RESOLUTION NO. 2022-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, APPOINTING THE NOMINEES TO THE OFFICES THAT WERE TO BE FILLED AT THE ELECTION ON NOVEMBER 8, 2022, AND CANCELING THE CONSOLIDATED GENERAL MUNICIPAL ELECTION SCHEDULED ON NOVEMBER 8, 2022, PURSUANT TO ELECTIONS CODE SECTION 10229 WHEREAS, as set forth in Resolution No. 2022-50, the offices of City Council District 2, City Council District 3, and the City Council District 4 are to be filled at the November 8, 2022, general municipal election; and WHEREAS, pursuant to Elections Code Section 10229, as of the close of the nomination period on August 12, 2022, for the offices of City Council District 3, City Council District 4, only 1 (one) person has been nominated for each office and for the office of City Council District 2, no person has been nominated, 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; and WHEREAS, a notice thereof was posted on August 17, 2022, and published on August 19, 2022, in the Daily Press, a newspaper of general circulation pursuant to law. ; and NOW THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
Section 1. Recitals Incorporated. The City Council finds the above recitals are true and correct and incorporated herein by this reference as if set forth in full.
Section 2. Appointment of Nominees. Pursuant to Elections Code Section 10229, the following persons are hereby appointed to the offices to which they were nominated, and are deemed to have been duly elected to such offices, pursuant to Elections Code Section 10229(a)(3):
City Office and Term
Name
City Council District 3, 4 year term
Cameron Gregg
City Council District 4, 4 year term
Brigit Bennington
Section 3. Appointment of Nominees. Pursuant to Elections Code Section 10229, the following persons are hereby appointed to the office by the authority of the City Council and deemed to have been duly elected to such offices, pursuant to Elections Code Section 10229(a)(3):
City Office
Person Appointed
City Council District 2, 4 year term
Section 4. Cancellation of General Municipal Election. The Consolidated General Municipal Election scheduled to be held on Tuesday, November 8, 2022, for the offices of City Council District 2, City Council District 3, and City Council District 4, is, by this action, hereby canceled.
Section 5. Effect of Appointment. The foregoing persons appointed to said offices shall qualify and take office and serve exactly as if the same had been duly elected at the November 8, 2022, General Municipal Election for the office.
Section 6. Filing of Certified Copy. That the City Clerk is directed to file a “certified copy” of this Resolution with the San Bernardino County Registrar of Voters and such other government agencies as may be required by law.
Section 7. Severability. If any subsection, subdivision, paragraph, sentence, clause or phrase of this Resolution or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declare that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable.
Section 8. Effective Date. This Resolution shall take effect immediately after its adoption.
Section 9. Certification. The City Clerk shall certify as to the passage and adoption of this Resolution.
ADOPTED, SIGNED and APPROVED this 24th day of August, 2022. ______________________________
Brigit Bennington, Mayor
ATTEST:
____________________________
Melinda Sayre, City Clerk
Resolution City Council No. 2022-66