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Resolution Number 20-08-18-01RESOLUTION NO. 20-08-18-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING FOR APPOINTMENT TO THE OFFICE OF MEMBER OF THE CITY COUNCIL THAT WAS TO BE ELECTED ON NOVEMBER 3, 2020, FOR DISTRICT 1; AND CANCELING THE ELECTION FOR DISTRICT 1 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the City Council of the City of San Juan Capistrano has called a General Municipal Election to be held in the City on Tuesday, November 3, 2020, for the purpose of electing City Council Members to terms of four years, representing Districts 1 and 5; and WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 7, 2020, there are not more candidates than offices to be elected for District 1 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 that 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 was published on August 13, 2020, in a newspaper of general circulation pursuant to law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: SECTION 1. That pursuant to Section 10229 of the Elections Code of the State of California, the following action is being taken: The following person is being appointed to the office in District 1 to which he was nominated: (a) Sergio Farias is appointed to the office of City Council Member of the City of San Juan Capistrano (District 1) for a term of four years. Page 1 of 2 8/18/2020 SECTION 2. The General Municipal Election scheduled to be held on Tuesday, November 3, 2020, for District 1, is now canceled. The General Municipal Election shall still be held to elect a candidate for City Council Member for District 5. SECTION 3. The person appointed shall qualify and take office and serve exactly as if elected at a general municipal election for the office. SECTION 4. The City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointments are made. PASSED, APPROVED AND ADOPTED on the 181h day of August 2020. ATTEST: ` l MARIA MORRIS, CITY K STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ss. I, Maria Morris, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 20-08-18-01 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18th day of August 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS: ABS : T. , COUNCIL MEMBERS: ABST N D; COUNCIL MEMBERS: Mayor Pro Tem Taylor and Mayor Bourne None Reeve and Maryott Farias MARIA-WORRIS, CITYICLE�tK Page 2 of 2 8/18/2020