HomeMy WebLinkAboutItem No. 01 Cancellation of Election for District No. 1Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-775
Agenda Date: 8/21/2018 Status: BusinessVersion: 1
File Type: ReportIn Control: City Council / Successor Agency
Agenda Number: 1)
Page 1 City of Lake Elsinore Printed on 8/16/2018
Page 1of 2
Report to City Council
To:Honorable Mayor and Members of the City Council
From:Susan M. Domen, MMC, City Clerk
Date:August 21, 2018
Subject: Cancellation of Election for District No. 1
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPOINTING BRIAN TISDALE AS THE ELECTED REPRESENTATIVE FOR DISTRICT No. 1AND
CANCELLING THE ELECTION FOR SAID DISTRICT ON THE NOVEMBER 6, 2018,GENERAL
MUNICIPAL ELECTION
Background
On June 26, 2018, the City Council adopted Resolution No. 2018-087 calling for the Regular election
for District Nos. 1 and 3. The Nomination Period for persons interested in being a candidate in either
District closedat 4:00 p.m. on August 10, 2018.One person, Brian Tisdale, filed papers and qualified
to be on the ballotfor District No. 1.
Discussion
Election Code Section 10229 allows for the City Council to take one of the following actionswhen there
is only one or no nominated candidates:
1) Appoint to the office the person who has been nominated (prior to the 75th day before the election).
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.
The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal
election for the office.
On August 15, 2018, the City Clerk published in the Press Enterprise, posted on the City’s website and
on the bulletin board outside of City Hall the attached Notice of Facts as required by Elections Code
Section10229. Such Notice must be published for 5 days prior to the City Council’s consideration of
the aforementioned options.
By approving the attached Resolution, the City Council election for District No. 1 will be cancelled and
Brian Tisdale will be appointed to the office of City Council for District No. 1. Pursuant to Elections
CodeSection10229 (b),if the City Council appoints the candidate by the 75th day before the election
(August 23, 2018),no write-in candidacy statements will be accepted.
Fiscal Impact
The fiscal impact will be a realization of savings in the cost of the election, to be determined and billed
by the County after the election has been finalized.
Exhibit
A -Resolution
B-Notice of Facts
RESOLUTION NO.2018-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPOINTING BRIAN TISDALE AS THE ELECTED REPRESENTATIVE FOR
DISTRICT NO. 1AND CANCELLING THE ELECTION FOR SAID DISTRICT ON THE
NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION.
Whereas, under Section 2.08.025 Lake Elsinore Municipal Code and the provisions of the laws
relating to general law cities in the State of California, a General Municipal Election shall be held on
November 6, 2018, for the election of Municipal Officersin DistrictNos. 1 and 3; and,
Whereas,on June 26, 2018, the City Council (Council) adopted Resolution Nos. 2018-087, 088 and
089, calling for the General Municipal Election, Adopting Regulations for Candidates and Requesting
Consolidation with the County of Riverside and election services to be provided by the Registrar of
Voters, respectively; and,
Whereas,the Nomination Period for candidates opened on July 16, 2018, and closed on August 10,
2018, at 4:00 p.m.; and,
Whereas,at the close of the Nomination Period only one candidate, incumbent Brian Tisdale,had
filed Nomination Papersfor District No. 1and subsequently was deemed qualified; and,
Whereas,California Elections Code (EC) Section 10229 (a) allows for theCouncil to do one of
following, when there is only one or no nominated candidates:
1) Appoint to the office the person who has been nominated(prior to the 75th day before the
election);
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 further provides that the person appointed, if any, shall qualify and take office and serve exactly
as if elected at a municipal election for the office; and,
Whereas,on August 15, 2018, the City Clerk published in the Press Enterprise, posted on the City’s
website and on the bulletin board outside of City Halla Noticeof Facts as required by EC Section
10229. Such Notice must be published for 5 days prior to the Council’s consideration of the
aforementioned options; and,
Whereas,EC Section 10229 (b) declares: if the governing body of a city makes an appointment
pursuant to subdivision (a), the elections official shall not accept for filing any statement of write-in
candidacy that is submitted after the appointment is made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That all statements herein are true and correct and incorporated as fact.
Section 2. That the Council does hereby appoint Brian Tisdale as the elected candidate for District
No. 1 for a full term of four years, beginning in December 2018 and ending in December 2022.
Section 3. That the Council wishes to cancel the election for District No. 1 and remove it from the
CC Reso. No. 2018–
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ballot for the General Municipal Election to be held on November 6, 2018, and that theCity Clerk is
authorized, instructed and directed to coordinate with the County of Riverside Registrar-
Recorder/County Clerk totake all steps necessary for the removal and cancellation.
Section 4. This Resolution shall take effect immediately upon its adoption.
Section 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter
it into the book of original Resolutions.
Passed and Adopted on this21st day of August2018.
Natasha Johnson
Mayor
Attest:
Susan M. Domen, MMC
City 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, California, do hereby certify
that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore,
California, at the Specialmeeting of _________, and that the same was adopted by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
Notice of Certificate of Facts
General Municipal Election
November 6, 2018
NOTICE IS HEREBY GIVEN that on Friday, August 10, 2018, the Nomination Period for the
November 6, 2018, General Municipal Election closed at 4 p.m. At the time of closing 4 persons
out of the 6 that had taken out papers, had returned and filed them.
District 1 Date Qualified
Brian Tisdale, Incumbent 8/10/18
District 3 Date Qualified Not Qualified
Daryl Hickman, Incumbent 8/8/18
Tim Sheridan 8/9/18
Thomas McDaniel 8/9/18 (could not do supplemental)
Per California Elections Code 10229 the governing body, in the event of only one qualified
candidate, may: appoint that person to the position as if they were elected and cancel the election;
or, order the election to be held. No appointments can be made after the 75th day prior to the
election and the election would be held.
Susan M. Domen, MMC
Susan M. Domen, MMC
City Clerk
Date: August 15, 2018