HomeMy WebLinkAboutItem No. 01 Amend LEMC regardig electionsText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-511
Agenda Date: 2/1/2018 Status: Consent AgendaVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 1)
Page 1 City of Lake Elsinore Printed on 1/29/2018
Report to City Council
To:Honorable Mayor and Members of the City Council
From: Susan M. Domen, MMC, City Clerk
Date: January 23, 2018
Subject: Amending the Lake Elsinore Municipal Code (LEMC) in Relation to Elections
Recommendation
Waive further reading and introduce by title only AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING SECTIONS 2.08.025,
2.08.026, 2.32.010 AND 2.32.020; DELETING CHAPTER 2.32; AND ADDING CHAPTER
2.09 ELECTIONS OF THE LAKE ELSINORE MUNICIPAL CODE
Background
The LEMC periodically is reviewed an updated to bring it in line with current standards and statutes.
The last time these sections were reviewed was in 2004.
Discussion
The goal of the LEMC is to provide clear and accurate local statutes, in an organized manner that is
easily accessible to members of the public. While reviewing the election code sections for the
addition of Districting, it was determined that all election code sections should be located within the
same Chapter.
Sections 2.08.025 and 2.08.026 were added to the Code in 2004 to provide for the transition in
election dates. The information contained therein is no longer relevant today and is therefore being
repealed. Election date information has been updated and placed in Section 2.09.010.
Section 2.32.010 and 2.32.020 were found to be redundant and are being repealed. The information
contained therein will now be located in Article II Fees of Chapter 2.09 and has been updated to
reflect industry standards.
Fiscal Impact
The fiscal impact for this item is minimal and will include the cost of publishing the summary of the
Ordinance and codification costs.
Exhibit
A – Ordinance
ORDINANCE NO. 2018-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REPEALING SECTIONS 2.08.025, 2.08.026, 2.32.010 AND 2.32.020;
DELETING CHAPTER 2.32; AND ADDING CHAPTER 2.09 ELECTIONS OF THE
LAKE ELSINORE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.This Ordinance is adopted with respect to the following purposes:
(a)Consolidating all election related codes into one chapter.
Section 2.Sections 2.08.025,2.08.026, 2.32.010 and 2.32.020of the Lake Elsinore Municipal
Code (LEMC) are hereby repealed.
Section 3.Chapter 2.09 Elections, is hereby added to the LEMC to read as follows:
Article I - General
2.09.010.Election Dates.General Municipal elections of the City shall be held on the first
Tuesday after the first Monday of November in each even-numbered year. References in this
Chapter to state statutes shall include any amendments thereto and any successor statutes.
Article II – Fees
2.09.0030 Filing Fee Established.
A. In accordance with Section 10228 of the Elections Code of the State of California, as such
section may be amended from time to time, it is hereby determined that the filing fee for each
candidate’s nomination papers is set at $25.00 for a City office to be elected at a municipal
election.
B. The filing fee established by subsection A of this section shall be payable at the time of
submission of nomination papers to the City Clerk.
C. Filing fees collected pursuant to this article shall be paid into the General Fund of the City.
2.09.035 Petition in Lieu of Fees.
A. Notwithstanding any other provision of this article, a candidate for a City office may submit, in
lieu of all or part of the required filing fee, a petition containing four qualified signatures for each
dollar of the filing fee not paid.
B. Within the meaning of this section, a qualified signature is the signature of a person who, at
the time of providing such signature, was a registered voter within the city.
C. Any petition submitted pursuant to this section in lieu of all or part of the required filing fee shall
be submitted to the City Clerk with nomination papers related thereto, together with the amount
of the filing fee, if any, remaining to be paid.
2.09.040 Extension of Filing Date. Nothing contained in this article shall be construed to extend
or otherwise modify the period of time for filing nomination papers for candidates of City offices.
Section 4.Effective Date.This Ordinance shall take effect upon its adoption pursuant to
Government Code Section 36937(a) as it is an Ordinance relating to an election for the City.
Section 5.Severability.If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance or Chapter 2.09 is for any reason held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full
force and effect. The City Council of the City of Lake Elsinore hereby declares that it would have
adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases,
or portions of this Ordinance be declared invalid or unenforceable.
Section 6: CEQA.This Ordinance is exempt from the California Environmental Quality Act in
accordance with Section 15061(b) (3) there is no possibility that the activity in question may have
a significant effect on the environment.
Section 7: Certification.The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted on this _____day of __________ , 2018.
____________________________
Natasha Johnson
Mayor
__________________________
Susan M. Domen, MMC
Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2018-_____ was introduced at the Regular meeting of
_________, 2018, and adopted by the City Council of the City of Lake Elsinore at its Regular
meeting of ________, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the _____day of __________, 2018, and on
the ______day of _________, 2018.
Susan M. Domen, MMC
City Clerk