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HomeMy WebLinkAboutItem No. 01 - 2024 General Municipal Election – Council Member Districts 4 and 5 and City Treasurer1)2024 General Municipal Election – Council Member Districts 4 and 5 and City Treasurer Contests 1.Receive and file the Certification that there are not more candidates than offices to be elected for the positions of City Council Member for Districts 4 and 5 and City Treasurer for the November 5, 2024 General Municipal Election; and 2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE APPOINTMENT OF THE QUALIFIED CANDIDATES FOR CITY TREASURER AND CITY COUNCIL MEMBERS FOR DISTRICTS 4 AND 5 TO THE OFFICES THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024; or 3.Continue to hold the Election for Council Member Districts 4 and 5 and City Treasurer with one qualified candidate for each contest for the November 5, 2024, General Municipal Election. Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Candice Alvarez, MMC, City Clerk Date:August 21, 2024 Subject:2024 General Municipal Election – Council Member Districts 4 and 5 and City Treasurer Contests Recommendation 1. Receive and file the Certification that there are not more candidates than offices to be elected for the positions of City Council Member for Districts 4 and 5 and City Treasurer for the November 5, 2024 General Municipal Election; and 2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE APPOINTMENT OF THE QUALIFIED CANDIDATES FOR CITY TREASURER AND CITY COUNCIL MEMBERS FOR DISTRICTS 4 AND 5 TO THE OFFICES THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024; or 3. Continue to hold the Election for Council Member Districts 4 and 5 and City Treasurer with one qualified candidate for each contest for the November 5, 2024, General Municipal Election. Background The City of Lake Elsinore was incorporated in 1888 as a General Law City and, therefore, must adhere to all laws pertaining to the conduct and holding of elections, as found in the California Elections Code. On February 1, 2018, the City Council adopted the By-District election process, subdividing the City into five districts. Each district is represented by one seat on the City Council. City Council Members for Districts two, four, and five and the City Treasurer are currently scheduled be on the ballot. Election Cancellations Page 2 of 3 Pursuant to the Lake Elsinore Municipal Code and in accordance with Resolution No. 2024-11 calling for the holding of a General Municipal Election on Tuesday, November 5, 2024, the City is conducting an Election to elect City Council Members for Districts 2, 4, and 5 and the City Treasurer and placing a Measure on the ballot to consider whether to change the City Treasurer position from elective to appointive. The City Council subsequently withdrew the Measure from the November 5, 2024 election by City Council Resolution No. 2024-39 adopted on August 13, 2024. At the close of the nomination period on Friday, August 9, 2024 at 4:00 p.m., there was only one qualified candidate for each City Council contest and for the City Treasurer contest. The qualified candidates are Steve Manos for District 2, Marvin Andrade for District 2, Natasha Johnson for District 4, Bob Magee for District 5, and Edwin Castro for City Treasurer, all incumbents with the exception of Marvin Andrade. California Election Code §10229 contains regulations relating to canceling an election if there are no candidates or if fewer candidates qualify than there are open seats by the close of the nomination period. Therefore, the City Council may do one of the following: (1) Appoint to the office the person who has been nominated; (2) Appoint to the office an eligible elector if no one has been nominated; or (3) Hold the election, if either no one or only one person has been nominated. Pursuant to §10229(a), on August 9, 2024, the City Clerk executed a Certification that there are not more candidates than offices to be elected for Council Members for Districts 4 and 5 and the City Treasurer (Attachment 1). On August 13, 2024 the City Council adopted a Resolution withdrawing the Measure from the ballot. On August 14, 2024, a notice was published in the Press Enterprise (in English and Spanish) advising that there are not more candidates than offices to be filled for Council Members for Districts 4 and 5 and the City Treasurer (Attachment 2). State law provides that, after the fifth day following the above publication, since there isn’t a Citywide Measure on the ballot and the Citywide contest for City Treasurer only has one qualified candidate, the City Council may appoint the qualified candidates as the City Council Members for Districts 4 and 5 and the City Treasurer as elected or direct the election to continue to be held. If the appointments are made, the appointees shall qualify and take office and serve exactly as if elected to the office. Election Cancellations Page 3 of 3 Discussion During the voter-driven nomination process, voters nominated and qualified only one candidate for the City Council seats for Districts 4 and 5 and City Treasurer. Pursuant to State law and City regulations, the City Council may determine to have the Election for City Council Member Districts 2, 4, and 5 and the City Treasurer, or cancel the City’s Election for City Council Members for Districts 4 and 5 and the City Treasurer and appoint the qualified candidates. Should the election for these seats be canceled, there is an estimated savings of approximately $138,500 to the City. The next opportunity for voters to nominate and elect a candidate for Districts 4 and 5 and the City Treasurer at the polls will be in 2028. Under State law, cancellation would eliminate the write- in candidate process for these offices because it would no longer be an open position. If the City Council decides to cancel the election and appoint the qualified candidates, the attached Resolution (Attachment 3) must be adopted by August 22, 2024 (the 75th day before the election). If the City Council takes no action on this matter by August 22, 2024 or only takes action to receive and file the Certification, the election will proceed in accordance with the California Elections Code. Fiscal Impact Sufficient funds are available for the conduct of the General Municipal Election Budget (100-1100- 5201, Other Outside Services). A savings of approximately $138,500 would be realized if the City Council cancels the election. Attachments Attachment 1 - Certification of Number of Qualified Candidates Attachment 2 - Published Notice Attachment 3 - Resolution City Clerk's Office CITY CLERKS CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED I, Candice Alvarez, MMC, City Clerk of the City of the City of Lake Elsinore, California, do hereby certify that pursuant to§ 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, November 5, 2024 As of the close of the nomination period on Friday, August 9, 2024, there are not more candidates than offices to be elected. The person(s) so nominated are: City Council Member, District 4 Natasha Johnson City Council Member, District 5 Bob Magee City Treasurer Edwin Castro That §10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible elector if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. A notice of these facts will be published on Wednesday, August 14, 2024 in a newspaper of general circulation in the city pursuant to §6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment(s) or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 75th day before the municipal election, no person has been appointed to the office(s) pursuant to (1) or (2) above, the election shall be held. If the City Council makes an appointment pursuant to Elections Code §10229, the City Clerk shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made. Candice Alvarez, MMC City Clerk, Elections Official Election-Not More Candidates Than Offices - Page 1 of 1 The Press-Enterprise 3512 14 Street Riverside, California 92501 (951) 368-9229 City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Publication: The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc: 0011686516 FILE NO. 0011686516 PROOF OF PUBLICATION I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS- ENTERPRISE, a newspaper of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 08/14/2024 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: August 14, 2024. At: Riverside, California ______________________________ Signature Election-Spanish Not More Candidates than Off - Page 1 of 1 The Press-Enterprise 3512 14 Street Riverside, California 92501 (951) 368-9229 City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Publication: The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc: 0011686576 FILE NO. 0011686576 PROOF OF PUBLICATION I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS- ENTERPRISE, a newspaper of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 08/14/2024 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: August 14, 2024. At: Riverside, California ______________________________ Signature Attachment 1 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024 Whereas, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on Friday, August 9, 2024, there are not more candidates than offices to be elected for the City Treasurer and City Council Members for Districts 4 and 5; and that §10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible elector if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. Whereas, a notice was published on Wednesday, August 14, 2024 in a newspaper of general circulation pursuant to law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to §10229 of the Elections Code of the State of California, the following action is being taken: The following persons are being appointed to the offices to which they were nominated, and are considered to be the same as being elected, pursuant to §10229(a)(3) of the Elections Code: NAME OFFICE TERM Natasha Johnson City Council Member, District 4 4 years Bob Magee City Council Member, District 5 4 years Edwin Castro City Treasurer 4 years Section 2. The election for the above seats scheduled to be held on Tuesday, November 5, 2024 is now canceled. Section 3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. Section 4. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Margins are set at .05 on all sides. Please do not expand the margins as the left side may be too wide to punch for binding without punching part of the text. Use 11 pt Arial font, full justification and spacing is to be exactly 11 pt. To change this spacing, go to Format/ Paragraph/ Line Spacing – Exactly - 11pt. Please note that some titles of the report are bold and some are in regular print. If your report is 2 or more pages, a header must be inserted, in the upper left hand corner, on subsequent pages. The header must contain a shortened version of the title of the report, the meeting date and page number: Ex: Washington Firehouse May 16, 2001 Page 2 The report should be saved on the F Drive under Agendas and the appropriate meeting date. This template is available at f:/Wsforms/agenda report with descriptions.doc CC Reso No. 2024-___ Page 2 of 2 3 7 7 6 1 Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this __ day of August 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 Resolution No. 2024-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of August __, 2024 and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk