Resolution Number 24-08-20-01
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RESOLUTION NO. 24-08-20-01
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 5, 2024, FOR DISTRICT 5;
AND CANCELING THE ELECTION FOR DISTRICT 5
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 5, 2024, 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 9, 2024, there are not more
candidates than offices to be elected for District 5 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 14, 2024, 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 5 to which they were
nominated:
(a) Howard Hart is appointed to the office of City Council Member of the
City of San Juan Capistrano (District 5) for a term of four years.
SECTION 2.
The General Municipal Election scheduled to be held on Tuesday, November 5, 2024, for
District 5, is now canceled. The General Municipal Election shall still be held to elect a
candidate for City Council Member for District 1.
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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 20th day of August 2024.
________________________________________
SERGIO FARIAS, MAYOR
ATTEST:
______________________________
CHRISTY JAKL, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, Christy Jakl, appointed City Clerk of the City of San Juan Capistrano, do hereby certify
that the foregoing Resolution No. 24-08-20-01 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 20th day of August
2024, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Taylor, Campbell, Bourne and Mayor Farias
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
____________________________
CHRISTY JAKL, CITY CLERK