CITY COUNCIL - CC - SPECIAL MEETING
WEDNESDAY, AUGUST 21, 2024
Special Session 5:00 PM
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Bridgette Moore - Mayor/ Chair | District 4
Ashlee DePhillippo - Mayor Pro Tem/ Vice Chair | District 5 Carlos Marquez - Council Member/ Trustee | District 1
Joseph Morabito - Council Member/ Trustee | District 3
Dustin Nigg - Council Member/ Trustee | District 2
Daniel York, City Manager/General Manager Thomas D. Jex, City Attorney/District Counsel The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel
CITY COUNCIL - CC - SPECIAL MEETING
1 1.
CONSENT CALENDAR
No items scheduled.
2. PUBLIC HEARINGS
No items scheduled.
3. GENERAL BUSINESS
3.1 2024 General Municipal Election - Option to Appoint to Office and Cancel the General Municipal Election in District 2
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2024 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024 IN DISTRICT 2.
OR
2. Hold the election if only one person has been nominated.
NOTICE:
City Council meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.
CALL TO ORDER - SPECIAL MEETING
ROLL CALL
FLAG SALUTE
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.
ADJOURN THE CITY COUNCIL MEETING
CITY COUNCIL - CC - SPECIAL MEETING
2 PARTICIPATION
VIEW THE MEETING
1. In Person | City Council Chambers 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595
2. Cable TV | Frontier Channel 36 or AT&T Channel 99
3. Watch Live | https://www.cityofwildomar.org/129/Agendas-Videos-Watch-Live | Click on the "Watch Live Meeting Link".
PARTICIPATE IN THE MEETING
1. Fill out the speaker card located on the table near the entrance of the chambers.
2. Submit the speaker card to the City Clerk in the basket located at the front of the chambers.
3. When the City Clerk calls your name, please come up to the front podium.
During Public Comment on each Agenda Item, the Mayor will announce Public Comment.
Public Comments are limited to (3) minutes or such other time as the Council may provide.
ACCOMMODATIONS
In compliance with the Americans with Disabilities Act, if requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.
REPORTS
All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address: http://www.cityofwildomar.org. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
AFFIDAVIT OF POSTING
I, Janet Morales, Wildomar City Clerk, do certify that at least 24 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org.
Janet Morales, CMC
City Clerk
Dated: August 15, 2024
CITY COUNCIL - CC - SPECIAL MEETING
3 CITY OF WILDOMAR
CC - SPECIAL MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: August 21, 2024
SUBJECT:
2024 General Municipal Election - Option to Appoint to Office and Cancel the General Municipal Election in District 2 SUBMITTED BY:
Janet Morales, City Clerk
ACTION:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2024 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 5, 2024 IN DISTRICT 2.
OR
2. Hold the election if only one person has been nominated.
SUMMARY:
At the close of the nomination period, there was only one qualified candidate for District 2.
Since there are not more candidates than offices to be elected, § 10229 of the Elections Code allows the City Council to appoint the person who has been nominated and cancel the election OR hold the election if either no one or only one person has been nominated.
BACKGROUND:
The City of Wildomar incorporated on July 1, 2008 as a General Law City and therefore, must adhere to all laws pertaining to the conduct and holding of elections as set forth in the California Elections Code.
On June 12, 2024, the City Council called for the General Municipal Election for District 2 (Councilmember Nigg), and District 4 (Mayor Moore). At the close of the nomination period on Friday August 9, 2024 at 5:00 p.m., there was only one qualified candidate in the City Council contest for Member of the City Council in District 2. The qualified candidate is incumbent Dustin Nigg.
DISCUSSION:
Pursuant to EC§ 10229, if there are no candidates or not more candidates than offices to be elected, the City Council has the option to adopt one of the following:
1. Appoint the person who was nominated and cancel the Election.
2. Appoint to the office an eligible elector if no one has been nominated (not applicable) 4 3. Hold the Election.
In accordance with EC§ 10229, at the close of the nomination period on August 9, 2024, the City Clerk’s Office executed a certification that there are not more candidates than offices to be elected for Member of the City Council for District 2 (Exhibit A) and published a notice in the Press Enterprise, notifying the public that there are not more candidates than offices to be filled for Member of the City Council for District 2 and that the person so nominated is Dustin Nigg (Exhibit B). Per EC §10229, the City Council must have a five-day waiting period, following the publishing of the notice of insufficient nominees, before the City Council may take action. The noticed was published on August 14, 2024, therefore, at this time, it would appropriate for the City Council to take one of the following actions:
1. Adopt a Resolution providing for the appointment of Dustin Nigg to the office of Member of the City Council, to take office and serve exactly as if elected in District 2 and cancel the Election in District 2; or
2. Conduct the Election.
If the City Council makes an appointment, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. The action to adopt the resolution has to be completed no later than 5:00 p.m. on August 22nd, or the election will go on as scheduled (Dustin Nigg's name will remain on the ballot, and write-in candidates will be accepted and processed, if they are received, for District 2, in accordance with the Election Code).
FISCAL IMPACT:
The City consolidates with the Riverside County Registrar of Voters to conduct the City's General Municipal Elections. The city is charged $3.50 per registered voter that is mailed a ballot. Approximately $13,000 could be saved by cancelling the Election in District 2.
ACCOUNT CODE:
100-410-4130-52120
ATTACHMENTS:
1. Resolution Appointing and Cancelling Election.
Exhibit A - City Clerks Certification - Insufficient Nominees - District 2 Exhibit B - Notice - Insufficient Nominees - Press Enterprise 5 RESOLUTION NO. 2024 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE
OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY,
NOVEMBER 5, 2024 IN DISTRICT 2
WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the nomination period on August 9, 2024, there are not more candidates than offices to be elected 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, the City Clerk’s certification that there were not more candidates than offices to be elected in District 2 was submitted to the City Council and is attached as Exhibit A; and
WHEREAS, a notice was published on August 14, 2024 in a newspaper of general circulation pursuant to law and is attached as Exhibit B.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DOES RESOLVE, DECLARE, 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 person is being appointed to the office in District 2 to which he was nominated, and is considered to be the same as being elected, pursuant to § 10229(a)(3) of the Elections Code:
NAME OFFICE TERM
Dustin Nigg Member of the City Council Full 4 Year Term SECTION 2. The election scheduled to be held in District 2 on Tuesday, November 5, 2024, is now 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. That 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 21st day of August, 2024. ______________________________
Bridgette Moore
Mayor
6 APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk, Elections Official
7 CI
TY CLERK'S CERTIFICATION THAT THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO BE ELECTED
I, J
anet Morales, City Clerk of the City of Wildomar , 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:
A
s of the close of the nomination period on Friday, August 9, 2024, there are not more candidates than offices to be elected in District 2.
The per
son(s) so nominated is:
D
ustin Nigg
That
§ 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. A
ppoint 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 August 15, 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.
I
f, 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.
I
f 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.
______
_______________
J
anet Morales
City Clerk, Elections Official
8 C
ITY OF WILDOMAR
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
N
OTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Municipal Election in the City o f Wildomar 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 in City Council Member - District 2.
T
he person(s) so nominated are:
D
ustin Nigg
T
hat § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:
1. A
ppoint to the office the person(s) who has/have been nominated.
2. Appoint to the office any eligible elector (voter) if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
T
he City Council will meet on Wednesday, August 21, 2024, at 5pm in the City Council Chambers 23873 Clinton Keith Road Ste. 106, 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.
I
f, 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.
I
f 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.
____
____________________________
Janet Morales, CMC
City Clerk/ Elections Official
Dated 08/12/2024
Press Enterprise: 08/14/2024
9