Ripon City Council
Special Meeting Notice and Agenda
TO: Honorable City Council
SUBJECT: Notice of Special City Council Meeting
Mayor Zuber has directed this office to issue this notice as required by California State Law, of a special City Council meeting as follows:
DATE: August 20, 2024
TIME: 4:00 PM
PLACE: Council Chambers
259 N. Wilma Avenue
Ripon CA, 95366
1. PUBLIC DISCUSSION
This time is provided to the public to address the City Council on items not on the agenda. If you desire to speak, please address “Mr. Mayor” and upon being recognized, come forward to the podium, and state your name and address before proceeding into your subject matter.
2. TOPICS OF DISCUSSION
A. RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIPON, CALIFORNIA
PROVIDING FOR THE APPOINTMENT
TO THE OFFICES OF THIS CITY THAT
WERE TO BE ELECTED ON TUESDAY,
NOVEMBER 5, 2024
This resolution cancels the General
Municipal Election to be held on
November 5, 2024 and appoints the three
qualified candidates to the three open seats
as Council Members for a 4-year term.
3. ADJOURNMENT
City Council Page 2 August 20, 2024
PLEASE NOTE: This letter was received by the undersigned on August___________, 2024 at ___________AM___________PM
________________________________
COUNCIL MEMBER
This office respectfully requests that you bring this notice to the meeting for proper filing.
MAYOR LEO ZUBER
VICE MAYOR DANIEL DE GRAAF
COUNCIL MEMBER GARY BARTON
COUNCIL MEMBER DEAN UECKER
COUNCIL MEMBER MICHAEL RESTUCCIA
CITY ATTORNEY TOM TERPSTRA
Kevin Werner, City
Administrator
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/20/2024
Subject: Appointment in lieu of election
RECOMMENDED ACTION:
This resolution cancels the General Municipal Election to be held on November 5, 2024 and appoints the three qualified candidates to the three open seats as Council Members for a 4-year term.
BACKGROUND:
If the number of qualified candidates is equal to or less than the number of open seats, Section 10229 of the Elections Code allows the City Council to take one of the following courses of action:
1. Appoint to the office the persons who have been determined to be a qualified candidate.
2. Appoint to the office any eligible voter if the number of qualified candidates is less than the number of open seats.
3. Hold the election.
DISCUSSION/ANALYSIS:
At the close of the nomination period on August 9, 2024, three candidates were determined to be qualified for the three offices that would be on the November 5, 2024 election ballot. The City Council has the ability to follow Section 10229 and may choose to proceed with option 1 or 3, as described above. Option 2 does not apply because there were candidates nominated.
Option 1 – Appoint to the office the persons who have been determined to be a qualified candidate
City Council can appoint Daniel de Graaf, Gary Barton, and Leo Zuber to the office of Council member to serve for four year terms and cancel the election. If the City Council makes an appointment, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointments are made. This option would also have a cost savings to the
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City because we would not incur the estimated $40,000-$46,000 to consolidate our election with San Joaquin County.
Option 3 – Hold the election
City Council can choose to hold the election because only one person per office were nominated.
In this case, the election would proceed as scheduled on November 5, 2024 and there is the option that a Write-in Candidate could go through the process and be eligible to be elected.
If the City Council desires to continue to hold the election, then no action should be taken on the attached resolution.
FISCAL IMPACT:
Estimated costs for the consolidated election was $40,000-$46,000. There will be a cost savings if the election is cancelled.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON, CALIFORNIA PROVIDING FOR THE
APPOINTMENT TO THE OFFICES OF THIS CITY 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 closed 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 persons who have been determined to be a qualified candidate.
2. Appoint to the office any eligible voter if the number of qualified candidates is less than the number of open seats.
3. Hold the election.
WHEREAS, a notice was published on August 13, 2024 in a newspaper of general circulation pursuant to law.
NOW, THEREFORE, the City Council of the City of Ripon, California, does hereby resolve, declare, determine and order as follows:
Section 1: That pursuant Section 10229 of the Elections Code of the State of California, the following action is being taken:
The following persons are being appointed to the offices to which they were determined to be qualified candidates, and are considered to be the same as being elected, pursuant to Section 10229(a)(3) of the Elections Code:
NAME OFFICE TERM
Daniel de Graaf Council member 4 years
Gary Barton Council member 4 years
Leo Zuber Council member 4 years
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Section 2: The election scheduled to be held on Tuesday, November 5, 2024, is now canceled.
Section 3: That the persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office.
Section 4: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a special meeting of the City Council of the City of Ripon this 20th day of August, 2024, by the following vote:
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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