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Home My WebLink About2024-011 Calling the Election November 5, 2024RESOLUTION NO. 2024-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO WHETHER THE CITY TREASURER POSITION SHOULD BE APPOINTIVE Whereas, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers, and Whereas, the City Council also desires to submit to the voters at the election a question relating to whether the City Treasurer position should be changed from elective to appointive. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Lake Elsinore, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing three Members of the City Council for the full term of four years and a City Treasurer for the full term of four years. Section 2. That the City Council, pursuant to its right and authority, does order subitted to the voters at the General Municipal Election the following question: Shall the office of City Treasurer be appointive? YES NO Section 3. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A. Section 4. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast. Section 5. That the ballots to be used at the election shall be in form and content as required by law. Section 6. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Riverside Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD CC Reso No. 2024-11 Page 2 of 3 Section 7. That the vote centers for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code §10242, except as provided in §§14212, 14401 of the Elections Code of the State of California. Section 8. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 9. That notice of the time and place of holding the election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in time, form, and manner as required by law. Section 10. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Riverside Registrar of Voters, the City Council, in accordance with Election Code § 15651 (a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. Section 11. The City Council authorizes the City Clerk to administer said election, and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Section 12. This Resolution shall take effect immediately upon its adoption. Section 13. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 23rd day of April 2024. Steve Manos Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD CC Reso No. 2024-11 Page 3 of 3 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 Resolution No. 2024-11 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 23, 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: 8372840A-FE5B-4DAC-B8AD-34444A1172BD Exhibit A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE CHAPTER 2.42 (CITY TREASURER) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) TO MAKE THE OFFICE OF CITY TREASURER AN APPOINTIVE OFFICE Whereas, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective City Treasurer shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and Whereas, an appointive City Treasurer will be required to possess relevant experience in government finance and a professional financial background, training, skills and experience necessary to fulfill the important responsibilities of the office of City Treasurer; and Whereas, on April 23, 2024, pursuant to State law, the City Council adopted Resolution No. 2024-11, submitting this ordinance to the voters at the General Municipal Election on Tuesday, November 5, 2024; and Whereas, all other legal prerequisites to the adoption of this ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section 1. Subject to the approval of a majority of the voters of the City of Lake Elsinore at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, Chapter 2.42 of Title 2 of the Lake Elsinore Municipal Code is hereby amended to read as follows: 2.42.010 Office established. As of the November 5, 2028 Municipal Election or the earlier vacancy of the elected Treasurer position, the office of the City Treasurer shall cease to be elected as provided by law and shall become an appointive office. Pursuant to California Government Code section 36510, such appointive officer shall be appointed by the City Manager. The City Manager may appoint himself, the Director of Finance, or other professional with relevant experience in government finance and a professional financial background, training, skills and experience necessary to fulfill the powers and duties of City Treasurer. 2.42.020 Elective office. The City Treasurer shall be elected from the City at large at a general municipal election. 2.42.030 Term of office. The City Treasurer shall serve for a term of four years and until his successor is elected and qualified. DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD Ord. No. Page 2 of 3 2.42.050 Eligibility. No person shall be eligible to hold the office of City Treasurer unless such person, at the time of assuming office, shall be a qualified elector of the City and shall have been a resident of the City for at least the minimum period provided by law next preceding the date of such person’s election or appointment. 2.42.060 Vacancies. A vacancy in the office of City Treasurer shall be filled by appointment by the City Council. Such appointee shall hold office until the next succeeding general municipal election and until his successor is elected and qualified. 2.42.070 Failure to fill vacancy. 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; provided, that if such vacancy occurs within 120 days prior to a general municipal election, such vacancy shall be filled at the general municipal election. 2.42.080 Powers and duties. The City Treasurer shall be the custodian of all public funds belonging to or under the control of the City or of any office, department or agency of the City and shall perform such duties as may be prescribed from time to time by the City Council consistent with this chapter and applicable law. 2.42.020 Bond Requirements Pursuant to California Government Code Section 36518, the City Treasurer shall furnish a corporate surety bond to be approved by the City Council in the same amount as that required of the Director of Finance and City Clerk, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer by statute, ordinance, or resolution. Any premium for such bond shall be a proper charge against the City of Lake Elsinore. 2.42.030 Powers and duties. The City Treasurer shall perform the duties as are prescribed by Cal. Gov’t Code Sections 41001 through 41007 and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the city. Section 2. Validity. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid. DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD Ord. No. Page 3 of 3 Section 3. Supersedence. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Lake Elsinore which are in conflict with any provision of this Ordinance. Section 4. Amendments. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose. Section 5. 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 6. 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. Section 7. Effective Date. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Lake Elsinore voting at a General Municipal election to be held on November 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of the General Municipal election by resolution. Section 8. Attestation. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below. Section 9. 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 by the People of the City of Lake Elsinore on the 5th day of November 2024. Mayor’s Name Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 8372840A-FE5B-4DAC-B8AD-34444A1172BD