Agenda packet — Menifee City Council, August 24, 2022

City Council Chambers
29844 Haun Road
Menifee, CA 92586
Bill Zimmerman, Mayor
Bob Karwin, District 1
Matthew Liesemeyer, District 2
Lesa Sobek, District 3
Dean Deines, District 4
SPECIAL AGENDA
Menifee City Council
Special Meeting Agenda
Wednesday, August 24, 2022
4:00 PM Special Meeting
Armando G. Villa, City Manager
Jeffrey T. Melching, City Attorney
Stephanie Roseen, Clerk
Councilmember Liesemeyer will be participating remotely at: 41635 Enterprise Circle North, Temecula, CA 92590
Pursuant to Government Code Section 54953 (b) an agenda was posted at this location as legally required, and the location shall be accessible to the public. Members of the public that attend at the remote teleconference location will be permitted to address the City Council during public comments. Any votes taken during the course of this meeting will be done by roll call vote.

SPECIAL MEETING (4:00 PM)

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. DISCUSSION ITEMS

4.1 Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4 RECOMMENDED ACTION
Review the information presented and choose from the following:

1. Adopt a resolution appointing the sole District 4 candidate, Dean Deines, to the City Council and cancel the November 8, 2022 general municipal election as it relates to District 4; or

2. Adopt a resolution calling for the November 8, 2022 general municipal election to be held as scheduled.

5. ADJOURN
Decorum Policy Notes
The Council anticipates and encourages public participation at its Council meeting on agenda items. Please turn your cell phones off, refrain from talking in the audience or outbursts that may be disruptive. We encourage participation and ask for a mutual respect for the proceedings.

Staff Reports
Materials related to an item on this agenda, including those submitted to the City Council after distribution of the agenda packet, are available for public inspection by contacting Stephanie Roseen, Acting City Clerk, at City Hall located at 29844 Haun Road or by calling (951) 6726777 during normal business hours.

Compliance with the Americans with Disabilities Act
If you need special assistance to participate in this meeting, you should contact Stephanie Roseen, Acting City Clerk at (951) 6726777. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Menifee Mayor and City Council

August 24, 2022
Page
1 of 9

SPECIAL MEETING (4:00 PM)

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. DISCUSSION ITEMS

4.1 Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4 RECOMMENDED ACTION
Review the information presented and choose from the following:

1. Adopt a resolution appointing the sole District 4 candidate, Dean Deines, to the City Council and cancel the November 8, 2022 general municipal election as it relates to District 4; or

2. Adopt a resolution calling for the November 8, 2022 general municipal election to be held as scheduled.

Menifee Mayor and City Council

August 24, 2022
Page
2 of 9

CITY OF MENIFEE
SUBJECT: Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4
MEETING DATE: August 24, 2022
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, Acting City Clerk
REVIEWED BY: Stephanie Roseen, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION
Review the information presented and choose from the following:

1. Adopt a resolution appointing the sole District 4 candidate, Dean Deines, to the City Council and cancel the November 8, 2022 general municipal election as it relates to District 4; or

2. Adopt a resolution calling for the November 8, 2022 general municipal election to be held as scheduled.

DISCUSSION
For this year’s general municipal election, a total of two City Council seats were open for nominations: District 2 and District 4. The nomination period opened on July 18, 2022 and closed on August 12, 2022. Once the District 4 Incumbent submitted nomination papers, the extension period was void.

With the close of the nomination period on Friday, August 12, 2022, one candidate filed nomination papers for District 4 for the upcoming 2022 general municipal election. The person nominated is Dean Deines.

Pursuant to Elections Code Section 10229, the City Clerk provided a certification to the City Council on August 18, 2022 attesting to the fact that there were not more candidates than offices to be elected. In that certification, it was noted that this statute allows one of the following courses of action to be taken by the City Council at a regular or special meeting:

Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 1
Menifee Mayor and City Council
August 24, 2022
Page
3 of 9

City of Menifee Staff Report
Insufficient Nominees – District 4
August 24, 2022

Page 2 of 2 ends

1 1
6 7

1. Appoint to the office the person who has been nominated; or

2. Appoint to the office any eligible voter if no one has been nominated; or

3. Hold the election if either no one or only one person has been nominated.

The cost of the 2022 general municipal election is currently budgeted within this fiscal year’s adopted budget if the City Council so chooses Option 3 above. The cost savings as it relates to District 4 would be approximately $60,000 if the Council so chooses Option 1 above.

Pursuant to Elections Code Section 10229 and Government Code Section 6061, a notice of the above facts and the available courses of action was published on August 19, 2022 in the Press Enterprise. The notice was also posted on the City’s website and emailed to those that have requested public notices from the City.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The cost of the 2022 general municipal election is currently budgeted within account no. 100- 4113-52805. If the City Council chose to appoint Dean Deines as District 4’s Councilmember and canceled the election as it relates to District 4, there would be a cost savings of approximately $60,000.

ATTACHMENTS

1. Certificate of Insufficient Nominees

2. Notice of Insufficient Nominees

3. Resolution – Cancel the District 4 election and make an appointment to City Council

4. Resolution – Hold the election as scheduled
Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 2
Menifee Mayor and City Council
August 24, 2022
Page
4 of 9

CERTIFICATION OF INSUFFICIENT NOMINEES

FOR THE OFFICE OF CITY COUNCIL
DISTRICT 4
FOR THE GENERAL MUNICIPAL ELECTION NOVEMBER 8, 2022
As the elections official for the City of Menifee I, Stephanie Roseen, Acting City Clerk, do hereby certify that pursuant to§ 10229 of the Elections Code of the State of California the following facts relating to the General Municipal Election scheduled to be held on Tuesday, November 8, 2022.

As of the close of the nomination period on August 12, 2022, only one person has been nominated as a candidate for City Council District 4.

The person so nominated is Dean Deines for District 4.

Section 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 persons who have been nominated.

2. Appoint to the office any eligible voter 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 August 19, 2022 in a newspaper of general circulation in the City pursuant to § 6061 of the Government Code. After the fifth day of publication, the City Council will meet to either make the appointments or direct an election to be held. The persons 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 offices pursuant to ( 1) or (2) above, the election shall be held.

If the City Council makes an appointment pursuant to §10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
te anie Roseen, Acting City Clerk
/Elections Official
August 1�. 2022
Date
Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 3
Menifee Mayor and City Council
August 24, 2022
Page
5 of 9

1825 Chicago Ave, Suite 100
Riverside, CA 92507
951-684-1200
951-368-9018 FAX

MENIFEE, CITY OF
29844 HAUN ROAD
MENIFEE, CA 92586
08/19/2022
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS-ENTERPRISE, a newspaper in 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:

PROOF OF PUBLICATION OF
Ad Desc.: Insufficient Nominees District 4 /
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Date: August 19, 2022
At: Riverside, California
Ad Number: 0011554588-01
P.O. Number:

Publication(s): The Press-Enterprise
Ad Copy:

PROOF OF PUBLICATION
(2010, 2015.5 C.C.P)
Legal Advertising Representative, The Press-Enterprise
#BM_T ag::2||5209843||-||1||0;0;0#
Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 4
Menifee Mayor and City Council
August 24, 2022
Page
6 of 9

RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENIFEE, CALIFORNIA, MAKING AN APPOINTMENT TO THE
DISTRICT 4 CITY COUNCIL OFFICE AND CANCELLING THE
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION AS
IT RELATES TO DISTRICT 4
WHEREAS, as of the close of the nomination period on August 12, 2022, there are not more candidates than City Council office for District 4 to be elected at the November 8, 2022 general municipal election; and
WHEREAS, Elections Code Section 10229 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 voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated; and WHEREAS, a certification of the facts was submitted to the City Council on August 18, 2022, pursuant to Elections Code Section 10229; and WHEREAS, a notice of these facts and the courses of action available was published on August 19, 2022, in a newspaper of general circulation pursuant to Elections Code Section 10229 and Government Code Section 6061.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, does hereby resolve, declare, determine and order as follows:

Section 1. Pursuant to Elections Code Section 10229, the following person is appointed to the office to which they were nominated:

NAME
Dean Deines
OFFICE
Councilmember, District 4
TERM
4 years
Section 2. The general municipal election for District 4, scheduled to be held on Tuesday, November 8, 2022, is canceled.

Section 3. The person 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 passage and adoption of this resolution and enter it into the book of original resolutions.

Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 5
Menifee Mayor and City Council
August 24, 2022
Page
7 of 9

PASSED, APPROVED and ADOPTED this 24th day of August 2022. _________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 6
Menifee Mayor and City Council
August 24, 2022
Page
8 of 9

RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MENIFEE, CALIFORNIA, PROVIDING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8,
2022 AS SCHEDULED
WHEREAS, as of the close of the nomination period on August 12, 2022, there are not more candidates for District 4 than City Council office to be elected at the November 8, 2022 general municipal election; and
WHEREAS, Elections Code Section 10229 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 voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated; and
WHEREAS, a certification of these facts was submitted to the City Council on August 18, 2022, pursuant to Elections Code Section 10229; and WHEREAS, a notice of these facts and the courses of action available was published on August 19, 2022, in a newspaper of general circulation pursuant to Elections Code Section 10229 and Government Code Section 6061.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE , CALIFORNIA, does hereby resolve, declare, determine and order as follows:

Section 1. Pursuant to Elections Code Section 10229, the November 8, 2022 general municipal election will be held as scheduled.

Section 2. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED this 24th day of August 2022. ______________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 4.1

Notice of Insufficient Nominees for the 2022 General Municipal Election for District 4

Item Page Number: 7
Menifee Mayor and City Council
August 24, 2022
Page
9 of 9

Menifee City CouncilAugust 24, 2022

Menifee City Council
August 24, 2022