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R 4119 RESOLUTION N0.4119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THE CITY OF ARROYO GRANDE THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 4, 2008 WHEREAS, pursuant to Section 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 8, 2008 for the offices of Mayor, two (2) Members of City Council, and City Clerk; and August 13, 2008 for the office of City Treasurer, there are not more candidates than offices to be elected and that Section 10229 of the Election Code allows one of the follov:ing courses of action ~ to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no ane has been nominated. 3. Hold the election if either no one or only one person has been nominated. WHEREAS, a notice that there are not more candidates than offices to be elected was published on August 15, 2008 in a newspaper of general circulation pursuant to State law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER 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 persons are being appointed to the offices to which they were nominated: NAME OFFICE TERM Tony Ferrara Mayor 2 Years Jim Guthrie Member of the City Council 4 Years Ed Arnold Member of the City Council 4 Years Kelly Wetmore City Clerk 4 Years Michelle Mayfield City Treasurer 4 Years SECTION 2. The Consolidated General Municipal Election scheduled to be held on Tuesday, November 4, 2008, is hereby canceled. SECTION 3. The persons appointed to said offices as set forth above shall qualify and take office and serve exactly as if elected at the November 4, 2008 General Municipal Election for the office. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. RESOLUTION NO. 4119 PAGE 2 On motion of Council Member Costello, seconded by Council Member Arnold, and on the following roll call vote, to wit: AYES: Council Members Costello, Arnold, Guthrie, and Mayor Ferrara NOES: None ABSENT: Council Member Fellows the foregoing Resolution was passed and adopted this 215` day of August 2008. RESOLUTION N0.4119 PAGE 3 TONY AYOR ATTEST: KELLY ET RE, CITY CLERK APPROVED AS TO CONTENT: STEV AD , CI APPROVED AS TO FORM: TIMO'I~ Y J. CA EL, CITY ATTORNEY OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4119 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 215 day of August 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 22nd day of August 2008. KELLY V16 TM R ,CITY CLERK