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16 Staff Report.Consider a Resolution to Appoint Nominee with attachments PREPARED BY: Wendy Wood Town Clerk Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 08/20/2024 ITEM NO: 16 DATE: August 12, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Adopt a Resolution Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal Election RECOMMENDATION: Adopt a resolution (Attachment 3) appointing the nominated candidates to the Town Council and cancelling the November 5, 2024, General Municipal Election. BACKGROUND: 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. The nomination period for the November 5, 2024 General Municipal Election took place from July 15 to August 9, 2024. Nomination papers for incumbent Council members Matthew Hudes and Maria Ristow were filed in the City Clerk’s Office during the filing period and have qualified for the ballot. California Elections Code §10229 provides that where offices are elected at large, and the number of candidates does not exceed the number of the offices to be filled the Elections Official (Town Clerk) shall submit a Certificate of Facts to the Town Council. A memorandum with the certification was submitted to the Town after the closing of the nomination period on August 9, 2024 (Attachment 1). DISCUSSION: In accordance with Elections Code §10229, the Town Council may consider one of the following courses of action: PAGE 2 OF 3 SUBJECT: Adopt a Resolution Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal Election DATE: August 12, 2024 DISCUSSION (continued): 1. Appoint to their office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated (not applicable due to the two nominations for the two offices). 3. Hold the election if either one person for each office or no one has been nominated. The Elections Code also requires that a notice of facts that there are no more candidates than offices to be elected be published pursuant to Government Code §6061. This notice was published in the Los Gatan Newspaper on August 14, 2024 (Attachment 2). After the fifth day following the day of publication, the Town Council may hold a meeting to either make the appointments or direct an election to be held. The Council is meeting on August 20, 2024, and will either provide direction to make the appointments or direct an election to be held. If by the 75th day before the election (August 22, 2024), no person has been appointed to the office, the election shall be held. If the Council makes appointments pursuant to Elections Code §10229, the Town Clerk shall not accept for filing any statement of write-in candidacy submitted after the appointment is made, and the persons appointed shall qualify to take office and serve exactly as if elected at a municipal election for the office. The last time there were no more candidates than offices to be elected in the Town of Los Gatos was in 2012. At that time, the Town Council decided to hold the election to allow the opportunity for write-in candidates, and no write-in candidates were submitted. CONCLUSION: Should the Council decide to appoint the nominated candidates, the attached resolution (Attachment 3) would need to be adopted appointing the nominated candidates, Matthew Hudes and Maria Ristow, to the Office of Council Member, each to a full term of four years and canceling the election. If the Council decides to proceed with holding the election, no action is required. COORDINATION: This report was prepared in coordination with the Town Attorney’s Office. FISCAL IMPACT: The current estimated cost of the 2024 election is $95,482. This amount is only an estimate based on the current fee schedule and available data from the Registrar of Voters (ROV) Office PAGE 3 OF 3 SUBJECT: Adopt a Resolution Appointing the Nominated Candidates to the Town Council and Cancelling the November 5, 2024, General Municipal Election DATE: August 12, 2024 FISCAL IMPACT (continued): and is subject to change upon final billing. The expenditures programmed into the Budget for Fiscal Year (FY) 2024/25 based on the ROV's previous estimate is $90,000. If the Council adopts the attached resolution appointing the nominees and cancelling the 2024 election, the Town will save an estimated $95,482. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Council Memo with Certification of Facts 2. Proof of Publication - Newspaper Notice 3. Draft Resolution This Page Intentionally Left Blank 1 of 2 Draft Resolution DRAFT RESOLUTION 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. ATTACHMENT 1 Adoption Date 2 of 2 Draft Resolution Adoption Date 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 ofSupervisors. 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 _____ day of _________, 2024, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: _______________________________ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ___________________________________ TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA M E M O R A N D U M OFFICE OF THE TOWN CLERK TO: From: Subject: Date: Town Council Wendy Wood, Town Clerk Certification That There Are Not More Candidates Than Offices To Be Elected 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. 2. 3. Appoint to the office the person who has been nominated. Appoint to the office an eligible elector if no one has been nominated. 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 BE ELECTED I, Wendy Wood, Election Official 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. 2. 3. Appoint to the office the persons who have been nominated. Appoint to the office any eligible voter if no one has been nominated. 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 Wood, Town Clerk, Election Official Dated: August 9, 2024 Exhibit B