Ripon City Council
Special Meeting Minutes
MONDAY, AUGUST 20, 2024
SPEICAL MEETING
4:00 PM
The Special Meeting was called to order by Mayor Leo Zuber at 4:00 pm.
ROLL CALL:
Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
OTHERS PRESENT: City Administrator Kevin Werner, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias.
1. PUBLIC DISCUSSION
No one from the public wished to speak at this time.
2. TOPICS OF DISCUSSION
A. RESOLUTION NO. 24-35
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.
City Clerk Roos said this is a resolution that would cancel the General Municipal Election to be held on November 5, 2024 and appoint the three qualified candidates to the three open seats as Council Members for a 4-year term. She said according to Election Code Section 10229 if the number of people who have been determined to be qualified candidates equals the number of open seats, the Council has the option to cancel the election, appoint those individuals and not allow for write-in candidates. Option 3 of that Code would be to hold the election on November 5th and to allow for write-in candidates. She said if Council would want option 1, the action would be to approve the resolution. If Council would like to hold the election, then no action would be necessary.
Council Member Uecker asked how the seating of those appointed candidates works.
City Council Page 2 August 20, 2024
Roos said the candidates are appointed and seated as if they were elected.
Motion to approve Resolution 24-35 cancelling the General Municipal Election to be held on November 5, 2024 and appointing the three qualified candidates to the three open seats as Council Members for a 4-year term.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
3. ADJOURNMENT
There being no further business, the meeting was adjourned at 4:04 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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
2.A
Packet Pg. 3
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.
2.A
Packet Pg. 4
RESOLUTION NO. 24-35
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
2.A
Packet Pg. 5
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:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
2.A
Packet Pg. 6