2024-045 - Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal ElectionRESOLUTION 2024-045
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CANCELLING THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION AND
APPOINTING NOMINATED CANDIDATES TO OFFICE PURSUANT TO ELECTION
CODE SECTION 10229
WHEREAS, On June 4, 2024, the Town Council adopted Resolution No. 2024-029,
calling for the General Municipal Election to elect two Council Members on November 5, 2024;
and
WHEREAS, as of the close of the nomination period on August 9, 2024, only two
candidates were nominated for the two Town Council offices to be filled at the November 5,
2024, General Municipal Election; and
WHEREAS, there were not more candidates than offices to be elected and there is no
town measure qualified to be submitted to the voters at that election; and
WHEREAS, Section 10229 of the California Elections Code allows the Town Council to
take one of the following courses of action when there are no more candidates than offices to be
elected:
1. Appoint to the office the person(s) who have been nominated.
2. Hold the election.
WHEREAS, the Town Clerk/Election Official submitted to the Town Council the
certificate required by California Elections Code Section 10229 on August 9, 2024, which is
attached hereto as Exhibit A; and
WHEREAS, pursuant to Section 10229 of the California Elections Code, a notice
attached hereto as Exhibit "B", was published on August 14, 2024, in the Los Gatan Newspaper,
certifying the facts there are not more candidates than offices to be elected and the options
available to the Town Council; and
WHEREAS, if the Town Council makes an appointment pursuant to Section 10229 of
the California Elections Code, the Town Clerk/Elections Official shall not accept for filing any
statement of write in candidacy for Town Council Member which is submitted after the
appointment is made; an
WHEREAS, the Town Council has determined that by appointing the officers as
permitted by Elections Code Section 10229 the Town of Los Gatos will save approximately
$95,482; and
WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California
the Town Council now desires to appoint the nominated candidates Matthew Hudes and Maria
Ristow for the office of Council Member: to four-year terms as if they were elected at the
November 5, 2024, general municipal election; and
WHEREAS, in accordance with Section 10229 of the Election Code, the appointments
are made by the 75th day before the municipal election.
1 of 2
Resolution 2024-045 August 20, 2024
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los
Gatos does hereby declare, determine, and order as follows:
That pursuant to § 10229 of the Elections Code of the State of California, the following action is
being taken:
1. The following persons are being appointed to the offices for which they were
nominated and are considered to be the same as being elected, pursuant to
§ 10229(a)(3) of the Elections Code:
Name Office Term
Matthew Hudes Council Member Full Term of Four Years
Maria Ristow Council Member Full Term of Four Years
2. The election scheduled to be held on Tuesday, November 5, 2024, is now cancelled.
3. The persons appointed shall qualify and take office and serve exactly as if elected at a
municipal election for the office.
4. The Town Clerk shall certify the passage and adoption of this resolution.
5. The Town Clerk is authorized to transmit a certified copy of the Resolution and all
necessary documents to the Santa Clara County Registrar of Voters and Board of
Supervisors.
6. The Town Clerk shall not to accept for filing any statement for write-in candidacy
after the appointments are made.
7. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of August 20, 2024, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mayor Mary Badame
NAYS: None
ABSENT: None
ABSTAIN: Mathhew Hudes
ATTEST:
TOWN (ERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
attoftivz-
OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2 of 2
Resolution 2024-045
August 20, 2024
MEMORANDUM
OFFICE OF THE TOWN CLERK
TO: Town Council
From: Wendy Wood, Town Clerk
Subject: Certification That There Are Not More Candidates Than Offices To Be Elected
Date: August 9, 2024
Per Election Code 10229, if by the 88th day, during normal business as posted, the number of
persons who have been nominated for those offices does not exceed the number to be filled at
that election, the elections official shall submit a certificate of these facts to the governing body
and inform the governing body that it may, at a regular or special meeting held before the
municipal election, adopt one of the following courses of action:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office an eligible elector if no one has been nominated.
3. Hold the election, if either no one or only one person has been nominated for any elective
office.
The elections official shall publish a notice of the facts described in this section and the courses
of action available. Publication shall be made pursuant to Section 6061 of the Government Code
in any newspaper of general circulation as designated by the election's official. The notice will
be published in the Los Gatan Newspaper on August 14, 2024.
After the fifth day following the date of posting or publication, the governing body may make
the appointment or direct an election to be held. The person appointed, if any, shall qualify and
take office and serve exactly as if elected at a municipal election for the office.
If, by the 75th day before the municipal election, no person has been appointed the election shall
be held.
As such I have attached the certification stating that there are not more candidates than offices to
be elected.
Attachment:
Election Official's Certification of Facts That There Are Not More Candidates Than Offices To Be Elected
Exhibit A
TOWN OF LOS GATOS
ELECTION OFFICIAL'S CERTIFICATION OF FACTS THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO E ELECTED
I, Wendy Wood, Election fficial and Town Clerk of the Town of Los Gatos, do herby certify
pursuant to California Election Code 10229, the following facts relating to the General Municipal
Election scheduled to be held on Tuesday, November 5, 2024:
As of the close of the nomination period on August 9, 2024, there are not more candidates than
offices to be elected.
The persons so nominated are:
Maria L. Ristow
Matthew K. Hudes
California Election Code §10229 allows one of the following courses of action to be taken by
the Town Council:
1. Appoint to the office the persons who have 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.
A notice of these facts will be published in the Los Gatan Newspaper on August 14, 2024,
pursuant to Government Code §6061. After the fifth day following the date of publication, the Town
Council may hold a meeting to either make the appointments or direct an election to be held. The
persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal
election for the office.
If by the 75th day before the election, no person has been appointed to the office, the
election shall be held.
If the Town Council makes appointments pursuant to California Election Code §10229, the
Town Clerk shall not accept for filing any statement of write-in candidacy that is submitted after the
appointment is made.
Wendy Vood, Town Clerk, Election Official
Dated: August 9, 2024
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Santa Clara
I am a resident of the State of Califomia and
over the age of eighteen years, and not a
party to or interested in the above entitled
matter.
I am the principal clerk of the publisher of the
Los Gatan, published in the town of Los
Gatos, County of Santa Clara, State of
California, . Wednesday, and on line for
which said newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of Santa
Clara, State of California, under the date
of May 30, 2023, Case Number
23CV409692, that the notice of which the
annexed is a printed copy had been published
in each issue thereof and not in any
supplement on the following date(s):
August 14, 2024.
I declare, under penalty of perjury, that the
foregoing is true and correct. This declaration
has been executed on August 14, 2024.
-LOS GATAN
380 S 1ST STREET,
SAN 3OSE, CA 95113
.6977-2
/s/ Juliana B. Pulcrano /
Legal Publications Specialist
Los Gatan
Phone # (408) 709 3952
E-mail: legals(alosgatan.com
Website: www.losgatan.com
Town of Los Gatos
NOTICE THAT THERE -ARE NOT WORE CANDIDATES
THAN OFFICES TO BE ELECTED
• NOTICE ISHEREBYGWENthat pursuant to §1s 29of
the Election Code oftheState ofCafifania relating to
the GeneratMrn al Election nthe Tom ofLos Gatos_.
to beheld on Tuesday. November 5, 2024.
Aso! the dose of the nomination pitied MiAtgust 9.
2024. there are notmorecan3_datesthanoNoesto -
bee: .
The persons sonominatedar -. -
Maria L_Ristow . " .
Matthew it, Hodes . -
California BeetiOn Code 0229 allows one of the -.
fallowing courses ofactionto betaken bytheTown
-
totheot ththelaircsonsixliohave been
Z:Appdiiitotheoifieearyefgibe othifiloonehas...
. been nominated. --- -
3.I1o1dtheeleFtionfeither one or none has been
nominated.-
- The Tovm Camel will meet on Tuesday.August2O.
2024.toeidermaketheappointments ordiedan
election to be held. The personsappointed.if air/shall
qualify and take office amunicipaleteciar-fort a asRekxfrdat
If by the 75th day before the election, no ptss00 has
been appointed to the offices. pursuant ton af(2 .
above. the election shall be held.
RtheTownCouncil makes anappoinhhhnntprsttahtt •
to caftomia Eiecbohh code §10229. the rohm1k
shall notacceptfor 1ikingany statement ofwrite-kh
candidacy that issubm@tedaftertheapp Intmerhtis
made.
WendyWood •
Medan O6tdat.TownClerk
Dated:Augtst14.2024
(Pig) LGN 8/14)
Exhibit B