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Home My WebLink AboutRES CC 2024 4266 2024 0822 RESOLUTION NO. 2024-4266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPOINTING CHRIS BARRETT (CITY COUNCILMEMBER, DISTRICT 2), ANTONIO A. CASTRO (CITY COUNCILMEMBER, DISTRICT 4) TO THE OFFICE OF CITY COUNCILMEMBER FOR THEIR RESPECTIVE COUNCIL DISTRICTS, AND CHRIS R. ENEGREN TO THE OFFICE OF MAYOR AND CANCELING THE ELECTION THAT WOULD OTHERWISE BE HELD FOR THESE OFFICES FOR THE NOVEMBER 5, 2024, CONSOLIDATED GENERAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229, AND RESCINDING RESOLUTION NO. 2024-4252 WHEREAS, on June 19, 2024, the City Council adopted Resolution No. 2024-4252 calling and giving notice of the holding of the General Municipal Election to be held on Tuesday, November 5, 2024, to elect two (2) City Councilmembers, one each to District 2 and District 4, and one (1) Mayor; and WHEREAS on June 19, 2024, the City Council adopted Resolution No. 2024-4253 requesting election services from the County of Ventura to conduct the General Municipal Election to be held on November 5, 2024; and WHEREAS on July 11, 2024, a Notice of Election including offices to be filled was published in the Ventura County Star pursuant to Elections Code Section 12101 ; and WHEREAS, a nomination period was opened and closed in accordance with the Elections Code: and WHEREAS, at of the close of the extended nomination period on August 14, 2024, there are not more candidates than offices to be elected at the November 5, 2024, General Municipal Election; and WHEREAS, on August 14, 2024, the City Clerk submitted a written certification, attached hereto as Exhibit A, to the City Council providing there are not more candidates nominated for the office of City Councilmember in District 2 and District 4 or the office of Mayor than seats to be filled at the General Municipal Election; and WHEREAS, pursuant to California Elections Code Section 10229, the City Council is authorized to take one of the following courses of action when the number of candidates nominated does not exceed the number of offices to be filled at a General Municipal Election: 1. Appoint to the office the persons who have 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; and Resolution No. 2024-4266 Page 2 WHEREAS, a notice of the foregoing facts was posted on August 14, 2024, at Moorpark City Hall, and published on August 16, 2024, in the Ventura County Star, a newspaper of general circulation in the City of Moorpark. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark finds and declares the foregoing recitals are true and correct. SECTION 2. Pursuant to California Elections Code Section 10229(a)(1) the following persons, being the only candidates for the offices for which they were nominated, are hereby appointed to those offices as follows: Name Office Term Chris Barrett City Councilmember, District 2 2024-2028 Antonio A. Castro City Councilmember, District 4 2024-2028 Chris R. Enegren Mayor 2024-2026 SECTION 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 4. Pursuant to California Elections Code Section 10229(c) the City Clerk shall not accept for filing and statement of write-in candidacy for the office of City Councilmember or office of Mayor which may be submitted for the General Municipal Election. SECTION 5. The City of Moorpark General Municipal Election scheduled to be held on Tuesday, November 5, 2024, is hereby canceled, Resolution No. 2024-4252 is hereby rescinded, and the City Clerk is directed to take all necessary steps to effectuate said cancellation. SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 22nd day of August, 2024. __ K Ca v �12140,s'Chris R. Enef,r- , Mayor . � forialti.... ,,,,,obj_ `1/41 Ky Spa iit lerk 10,,,&_41N`bor! •r}f ...orv. Exhibit A— Certificate of Statement of Facts pertaining to the November 5, 2024, General Municipal Election Resolution No. 2024-4266 EXHIBIT A Page ,,,, `O / ? Cii Y OF MOORPARK 040,,E AEa;� m V ��} 799 Moorpark Avenue,Moorpark,California 93021 44;/r os-a Main City Phone Number(805) 517-6200 1 Fax(805)532-2205 I moorpark@moorparkca.gov po CITY OF MOORPARK CITY CLERK CERTIFICATION STATEMENT OF FACTS: NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE FILLED NOTICE IS HEREBY GIVEN pursuant to Section 10229 of the California Elections Code that the City of Moorpark has a General Municipal Election scheduled for the California General Election to be held on Tuesday, November 5, 2024. At that Election, candidates for City Council District Seats 2 and 4 and the City's elected Mayor are to be elected. As of Monday, August 12, 2024, there were no more candidates than offices to be filled for the office of City Councilmember for District 2 and District 4, and for the Office of Mayor. The persons who have been nominated are: 1. Chris Barrett, District 2 2. Antonio Castro, District 4 3. Chris Enegren, Mayor If by the close of business on Wednesday, August 14, 2024, no other persons are nominated for the three elected positions listed above, then Elections Code Section 10229 allows the Moorpark City Council to take one of the following actions: 1. Appoint to the office the person(s) who has/have been nominated; 2. Appoint to the office any eligible voter if no one has been nominated (not applicable); or 3. Hold the election if either no one or only one person has been nominated. If no other persons are nominated by Wednesday, August 14, 2024, the City Council will hold a special meeting on Thursday, August 22, 2024, at a time to be determined, or at another date and time to be determined, to either make the appointments or to direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at the General Municipal Election. If, by the 75th day before the General Municipal Election, no person has been appointed to the offices, the Election shall be held as scheduled. If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. I, Ky Spangler, City Clerk of the City of Moorpark, do hereby certify pursuant to Section 10229 of the Elections Code of the State of California, the above stated facts. i'-)Sla‘4114 Ky Sp gler, Ci lerk, CMC Date posted: August 14, 2024 Published: August 16, 2024 c ' Resolution No. 2024-4266 Page 4 STATE OF CALIFORNIA COUNTY OF VENTURA ) ss. CITY OF MOORPARK CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2024-4266 was adopted by the City Council of the City of Moorpark at a special meeting held on the 22nd day of August, 2024, and that the same was adopted by the following vote: AYES: Councilmembers Castro, Delgado, Groff, Means and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of August, 2024. Ky SpA le , Cit Jerk (seal) 41441r‘ -41P11111Z o !