Meeting Date: December 04, 2018
STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of the November 6, 2018 General Municipal Election.
MEETING DATE: December 4, 2018
PREPARED BY: Jose M. Sanchez, City Attorney
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Adopt Resolution No. 2018-_, a Resolution of the City Council of the City of Livingston Confirming the Canvass by the Merced County Registrar of Voters and Declaring the Results of the November 6, 2018 General Municipal Election.
BACKGROUND:
In 1971, the City of Livingston requested that the Merced County Board of Supervisors allow the Merced County Registrar of Voters to conduct elections for the City of Livingston, as permitted by California Elections Code section 10403. The City Council, as the governing body of the City of Livingston, declares the results of the election for each City Council office voted on at a municipal election.
On June 19, 2018, the City passed Resolution 2018-_, which detailed how the City was going to fill the remaining two year term for the City Council vacancy created in December 2016, when a Council Member-elect chose not to be sworn into office. Pursuant to Resolution 2018- and Government Code section 36512(b)(2)(A), the City informed the Merced County Registrar of Voters that the City Council candidate receiving the least votes of three elected at the November 6, 2018 General Municipal Election, shall serve the remaining two-year term of the vacated City Council office, and the first and second vote-getters shall each serve a full four year term of the office of Council Member.
DISCUSSION:
California Elections Code sections 10261, 10263, and 10264 require the governing body of a city to declare the results of each election under its jurisdiction. The Merced County Registrar of Voters held the City of Livingston’s General Municipal Election on November 6, 2018.
The offices of three City Council Members and the office of Mayor were put before the electorate of the City of Livingston for election.
As a result of the election, Gurpal S. Samra has been elected as Mayor of the City of Livingston for a full, two-year term.
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RESOLUTION NO. 2018-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CONFIRMING THE CANVASS BY THE MERCED COUNTY REGISTRAR OF VOTERS AND DECLARING THE RESULTS OF THE NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION
WHEREAS, the City of Livingston by Resolution No. 71-39, requested that the Merced County Board of Supervisors allow the Merced County Registrar of Voters to conduct elections for the City of Livingston as permitted by the California Elections Code; and
WHEREAS, on Tuesday, November 6, 2018, a General Municipal Election was held and conducted in the City of Livingston, California, as required by law; and
WHEREAS, notice of the General Municipal Election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects, the election was held and conducted and the votes were cast, received, and canvassed, and the returns made and declared in the time, form, and manner required by the provisions of the California Elections Code for the holding of elections in general law cities; and
WHEREAS, on , 2018, the Merced County Registrar of Voters canvassed the returns of the November 6, 2018 General Municipal Election and certified the results to this City Council; said certification is on file in the office of the City Clerk of the City of Livingston.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City of Livingston General Municipal Election was duly and legally held and conducted on November 6, 2018.
2. The canvass and certification by the Merced County Registrar of Voters and the results of the November 6, 2018 City of Livingston General Municipal Election are hereby confirmed by the City of Livingston City Council.
3. The names of the persons voted for, the names of the officers for which they were voted, and the number of voters received by each are as follows:
MAYOR (1 Seat, Full-Term)
CITY COUNCIL (2 Seats, Full-Term; 1 Seat, 2-year Partial-Term)
NAME OF PERSON |
OFFICE VOTED FOR |
VOTES CAST |
Gurpal S. Samra |
Mayor |
900 |
Juan Aguilar, Jr. |
Mayor |
736 |
Alex M. McCabe |
Mayor |
714 |
Mario Luera |
Mayor |
171 |
Write-In |
Mayor |
3 |
Total votes cast |
Mayor |
2,524 |
NAME |
OFFICE |
VOTES |
OF PERSON |
VOTED FOR |
CAST |
Raul T. Garcia |
City Council |
839 |
Gagandeep Kang |
City Council |
832 |
Maria Baptista-Soto |
City Council |
799 |
Elias Jesus Maldonado, Ill |
City Council |
581 |
Roberto Godinez |
City Council |
504 |
Garry Gurpreet Singh |
City Council |
461 |
Jason E. Roth |
City Council |
433 |
Mucio Vera, Jr. |
City Council |
406 |
Jay Abrams |
City Council |
350 |
Write-In |
City Council |
7 |
Total votes cast |
City Council |
5,212 |
BE IT FURTHER RESOLVED AND DECLARED THAT:
• Gurpal S. Samra was elected to the office of Mayor of the City of Livingston for a full term of two (2) years
• Raul T. Garcia was elected to the office of Council Member for a full-term of four (4) years.
• Gagandeep Kang was elected to the office of Council Member for a full-term of four (4) years.
• Maria Baptista-Soto was elected to the office of Council Member for a term of two (2) years, to serve the remaining term of the City Council vacancy created in December 2016.
Passed and adopted this 4th day of December, 2018, by the following vote: AYES:
NOES:
ABSENT:
ABSTAIN:
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Jim Soria, Mayor
of the City of Livingston
ATTEST:
I, hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 4th day of December, 2018.
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