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HomeMy WebLinkAboutCC Reso No 2018-116 Cancelling District 1 ElectionRESOLUTION NO. 2018 -116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPOINTING BRIAN TISDALE AS THE ELECTED REPRESENTATIVE FOR DISTRICT NO. 1 AND 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 Officers in District Nos. 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 Papers for District No. 1 and subsequently was deemed qualified; and, Whereas, California Elections Code (EC) Section 10229 (a) allows for the Council 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 Hall a Notice of 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 -116 Page 2 of 2 ballot for the General Municipal Election to be held on November 6, 2018, and that the City Clerk is authorized, instructed and directed to coordinate with the County of Riverside Registrar - Recorder /County Clerk to take 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 this 21 st day of August 2018 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. 2018 -116 was adopted by the City Council of the City of Lake Elsinore, California, at the Special meeting of August 21, 2018, and that the same was adopted by the following vote: AYES: Council Members Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None Susan M. Domen, MMC City Clerk