HomeMy WebLinkAbout2024-1495 Urgency Ordinance Amending LEMC Section 2.42.070 Regarding Failure to Fill a Vacancy of the City Treasurer Seat
URGENCY ORDINANCE NO. 2024-1495
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE
SECTION 2.42.070 REGARDING FAILURE TO FILL A VACANCY OF THE CITY
TREASURER SEAT
WHEREAS, on July 10, 1984, the Lake Elsinore City Council adopted Ordinance No. 699
establishing Lake Elsinore Municipal Code (“LEMC”) Section 2.42.070 “Failure to fill vacancy”
which states, “In the event that the City Council shall fail to fill a vacancy by appointment within
30 days after such office has become vacant, the City Council shall forthwith call a special election
to fill such vacancy”; and
WHEREAS, California Government Code Section 36512(b) states, “If a vacancy occurs
in an elective office provided for in this chapter, the council shall, within 60 days from the
commencement of the vacancy, either fill the vacancy by appointment or call a special election to
fill the vacancy”; and
WHEREAS, Government Code Section 36937 expressly authorizes the City Council to
adopt an urgency ordinance for the immediate preservation of the public peace, health or safety;
and
WHEREAS, in order to be consistent with state law governing general law cities and to
allow the City Council time to decide whether to fill a vacancy by appointment or call a special
election to fill a vacancy, give the City Clerk time to solicit applications if the City Council decides
to do so, and give the public time to complete and submit an application if requested by the City
Council, the City Council desires to amend LEMC Section 2.42.070 to allow the City Council to fill
the vacancy or call a special election within 60 days rather than 30 days.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES ORDAIN
AS FOLLOWS:
Section 1: LEMC Section 2.42.070 “Failure to fill vacancy”, is hereby amended as follows:
“2.42.070 Failure to fill vacancy:
In the event that the City Council shall fail to fill a vacancy by appointment pursuant to
Section 2.42.060, the City Council shall, not later than 60 days after such office has become
vacant, call a special election to fill such vacancy. Notwithstanding the foregoing, if such vacancy
occurs within 120 days prior to a general municipal election, such vacancy shall be filled at the
general municipal election.”
Section 2: 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 3: Severability. If any provision of this Ordinance or its application is held
invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions,
sections, or applications of the Ordinance which can be given effect without the invalid provision
or application, and to this end each phrase, section, sentence, or word is declared to be severable.
DocuSign Envelope ID: 88082E27-0D82-4AB6-B39C-996695C147F7
Ord. No. 2024-1495
Page 2 of 2
Section 4: Effective Date. This Urgency Ordinance is enacted pursuant to the authority
conferred upon the City by Government Code Sections 36937 and shall be in full force and effect
immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This Urgency
Ordinance shall take effect immediately upon adoption and shall become operative on February
13, 2024.
Section 5: Urgency. The adoption of this Urgency Ordinance is necessary for the
immediate preservation of the public peace, health, or safety, as those terms are defined in
Government Code Section 36937(b), in at least the following respects: The office of the elected
City Treasurer became vacant on January 18, 2024 and the City Council requires sufficient time
to evaluate the options to fill the vacancy consistent with the timeline provided by state law, the
Lake Elsinore Municipal fails to provide sufficient time to evaluate those options, and, hence, the
need to amend the City’s Municipal Code to comply with state law is immediate such that it is
essential that the City adopt the above stated Urgency Ordinance.
Section 6: 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, Approved, and Adopted at a regular meeting of the City Council of the City of
Lake Elsinore, California, on this 13th day of February 2024.
Steve Manos
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Urgency Ordinance No. 2024-1495 was adopted at its Regular meeting of February 13, 2024 and
that the same was adopted by the following vote:
AYES: Council Members Johnson, Magee, and Sheridan; Mayor Pro Tem Tisdale; and Mayor
Manos
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 88082E27-0D82-4AB6-B39C-996695C147F7