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STAFF REPORT
AGENDA ITEM: Resolutions Calling and Giving Notice of the Holding of a General Municipal Election on Tuesday, November 6, 2018, for the Election of the Mayor and Three Council Members; Requesting the Board of Supervisors of the County of Merced Consolidate a General Municipal Election to be Held on November 6, 2018, with the Statewide General Election; and Providing Instructions on How to Fill the Remaining Two Year Term for the City Council Vacancy Created in December 2016.
MEETING DATE: June 19, 2018
PREPARED BY: Danna Rasmussen, Sr. Administrative Analyst Jose M. Sanchez, City Attorney
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Adopt resolutions requesting that the City Council:
1. Adopt Resolution 2018-_ calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 6, 2018, for the election of the Mayor and three Council Members as required by the provisions of the laws of the State of California relating to General Law cities;
2. Adopt Resolution 2018-_ requesting the Board of Supervisors of the County of Merced consolidate a General Municipal Election to be held on November 6, 2018 with the Statewide General Election to be held on the date pursuant to Section 10403 of the Elections Code;
3. Adopt Resolution 2018-_ providing instructions on how to fill the unexpired term for the City Council vacancy created in December 2016 at the next General Municipal Election of November 6, 2018, pursuant to California Government Code section 36512(b)(2)(A)
BACKGROUND:
The City of Livingston conducts an election for City Officers on even-numbered years. The statewide general election will be held on Tuesday, November 6, 2018. It has been the practice that the City election be consolidated, through the services of the Merced County Office of Elections, with the statewide general election. This is the most efficient and cost effective process.
DISCUSSION:
Each election year, the Merced County Clerk’s Office requests that the City adopt a resolution requesting that the County Board of Supervisors consolidate the City’s Municipal Election with the Statewide General Election. The conduct of the 2018 Municipal Election will be the same process as the 2016 election. The City Clerk’s Office will refer all persons expressing an interest in running for election to obtain their election materials from the Elections Office of Merced County. Collection and verification of signatures on nomination papers and financial documentation required by state law will be handled by the County Elections Office. The coordination of the election, polling places, and ballot materials will be handled by the Merced County Office of Elections, with approval from the Merced County Board of Supervisors.
The 2018 General Municipal Election will be for the purpose of electing the Mayor for a two-year term and three Members of the City Council. Per City Council Resolution 2018-_ and Government Code section 36512(b) (2) (A), the City Council candidate receiving the least votes of those elected (or if there is a tie for such a position, as decided by lot) shall serve the remaining two years of the City Council vacancy created in December 2016, when Council Member-elect chose not to be sworn in. The first and second vote-getters will each serve a regular four-year term.
Resolution 2018-_ is needed in order to provide the Elections Office instructions on how to fill the unexpired term of the City Council vacancy in December of 2016, when Council Member-elect Kang decided not to serve as Council Member, and therefore not be sworn in. Mr. Kang’s decision not to be sworn in resulted in a City Council seat becoming vacant at the time of the installation of the new officers, which happened on December 20, 2016. The office left vacant had a four year term.
Pursuant to Government Code section 36512(b)(2)(A), because this vacancy occurred during the first half of the term (within the first two years), and was at least one hundred and thirty days prior to the next general municipal election, the individual appointed could only serve until the next general municipal election. The unexpired term of two years would be on the ballot for the November 6, 2018 election.
Direction is needed because the City Council seats are at large, and not specific to a district. Similar to the two year term office at the 2016 election, Resolution 2018-_ would direct the Elections Office to have the office that receives the least votes of those Council Members elected (or if there is a tie for such a position, as decided by lot) to serve the remaining two years of the City Council vacancy created in December 2016. The first and second vote- getters will serve four year term seats.
FISCAL IMP ACT:
The costs associated with the election will be included in the General Fund, City Officials Department. Staff is working on getting an estimate for the costs of the election. In 2016, Staff estimated the costs at approximately $23,000.00.
ATTACHMENTS:
1. Resolution 2018-
2. Resolution 2018-
3. Resolution 2018-
RESOLUTION 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MERCED CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE
WHEREAS, the City Council of the City of Livingston called a General Municipal Election to be held on November 6, 2018, for the purpose of the election of the Mayor and three (3) Members of the City Council; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date, and that within the City precincts, polling places, and election officers of the two (2) elections be the same, and that the County Elections Department of the County of Merced canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one (1) election.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston does hereby resolve, declare, determine, and order as follows:
Section 1: That pursuant to the requirements of Sections 10400, 10402 and 10403 of the Elections Code, it is in the best interest of the public to consolidate the City of Livingston Election with the Statewide General Election, and the Board of Supervisors of the County of Merced is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2018, for the purpose of the election of the Mayor and three (3) Members of the City Council.
Section 2: That the County Elections Department is authorized to canvass the returns of the Livingston General Municipal Election. The selection shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used.
Section 3: That the Board of Supervisors is requested to issue instructions to the County Elections Department to take any and all steps necessary for the holding of the consolidated election.
Section 4: That the City of Livingston recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for such costs.
Section 5: That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Merced.
Section 6: That the City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original Resolutions.
Passed and adopted this 19th day of June, 2018, by the following vote: AYES:
NOES:
ABSENT:
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 19th day of June, 2018.
 |
Antonio Silva, City Clerk of the City of Livingston
2974916.3
RESOLUTION 2018—-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON PROVIDING INSTRUCTIONS ON HOW TO FILL THE UNEXPIRED TERM FOR THE CITY COUNCIL VACANCY CREATED IN DECEMBER 2016 AT THE NEXT GENERAL
ELECTION OF NOVEMBER 6, 2018, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36512(b)(2)(A)
WHEREAS, on November 8, 2016, the City of Livingston held a consolidated general election; and
WHEREAS, up for election were three (3) City Council seats and the office of the Mayor.
The three (3) persons elected to the City Council were: 1) Juan Aguilar, Jr., 2) Wapinder Kang, and 3) Arturo Sicairos. Jim Soria was elected Mayor; and
WHEREAS, on December 2, 2016, the City received a letter from Council Member-elect Kang informing the City of his decision not to serve as Council Member, and therefore not be sworn in. Mr. Kang decided to remain in his current employment as a Livingston Police Officer. Mr.
Kang’s decision not to be sworn in resulted in a City Council seat becoming vacant at the time of the installation of the new officers, which happened on December 20, 2016. The office left vacant had a four (4) year term; and
WHEREAS, Government Code section 36512(b) sets forth the procedure for filling vacancies in an elective office and provides that the City Council shall, within sixty (60) days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy; and
WHEREAS, pursuant to Government Code section 36512(b)(2)(A), because this vacancy occurred during the first half of the term (within the first two (2) years), and was at least one hundred and thirty (130) days prior to the next general municipal election, the individual appointed could only serve until the next general municipal election. The unexpired term of two (2) years would be on the ballot for the November 6, 2018 election; and
WHEREAS, if the City Council decided to call a special election to fill the vacancy, the individual elected would serve for the entire term; however, the City would be responsible for paying for the special election, the cost of which is unknown at this time; and
WHEREAS, on January 17, 2017, the City Council appointed Alex McCabe to fill the first two (2) years of the vacancy; and
WHEREAS, three (3) Council seats will be up for election on the November 6, 2018 general election. This Resolution provides direction on how the unexpired term of two (2) years will be filled. Direction is needed because the City Council seats are at large. The City Council has decided that the Council office which receives the least votes of those elected (or if there is a tie for such a position, as decided by lot) shall serve the remaining two (2) years of the City Council vacancy created in December 2016. The first and second vote-getters will serve four (4) year term seats.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as
follows:
1. In accordance with Government Code section 36512(b)(2)(A), the City Council hereby declares that of the City Council offices appearing on the November 6, 2018 general municipal ballot, other than the office of the Mayor, the one which receives the least votes of those elected (or if there is a tie for such a position, as decided by lot) shall serve the remaining two (2) years of the City Council vacancy created in December 2016, when Council Member-elect chose not to be sworn in.
2. The City Clerk is hereby authorized and directed to forward this Resolution to the County Elections Official and to prepare all necessary election documents, including subsequent City Council Resolutions calling for the general municipal election, to incorporate this designation.
3. This Resolution shall take effect immediately after its passage.
Passed and adopted this 19th day of June, 2018, by the following vote: AYES:
NOES:
ABSTAIN:
ABSENT:
 |
Jim Soria, Mayor
of the City of Livingston
ATTEST:
I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a special meeting of the City Council of the City of Livingston this 19th day of June, 2018.
 |
Antonio Silva, City Clerk of the City of Livingston
2974970.2
2
RESOLUTION 2018-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, FOR THE ELECTION OF THE MAYOR AND THREE (3) COUNCIL MEMBERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, the City of Livingston conducts an election for City Officers on even-numbered years; and
WHEREAS, if approved by Council, a General Municipal Election shall be held on November 6, 2018, for the election of Municipal Officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston does hereby resolve, declare, 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, it is called and ordered to be held in the City of Livingston, California, on Tuesday, November 6, 2018, a General Municipal Election for the purpose of electing the Mayor and three (3) Members of the City Council. The term of the Mayor shall be two (2) years. Per Government Code section 36512(b)(2)(A) and City Council Resolution 2018-_, the City Council candidate receiving the third highest amount of votes shall serve the unexpired term for the City Council vacancy created in December 2016 (two (2) years), when Council Member-elect chose not to be sworn in, and the two (2) top vote recipients shall each serve a term of four (4) years.
Section 2: That notice of the time and place of holding the election is given, and the City Clerk and the Deputy City Clerk are authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law and pursuant to Elections Code section 12101.
Section 3: That Candidate Statements are to be paid for by the Candidate.
Section 4: All other rules and regulations governed by the Elections Code for the conduct of the General Municipal Election on November 6, 2018, not specifically cited in this Resolution shall be applicable to the Election.
Section 5: The City Clerk is directed to cause the posting, publication, and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California.
Section 6: The City Clerk is directed to file a copy of this Resolution with the Merced County Board of Supervisors and to transmit a copy of this Resolution to the Merced County Registrar of Voters.
Section 7: This Resolution shall be effective upon its adoption.
Passed and adopted this 19th day of June, 2018, by the following vote:
AYES:
NOES:
ABSENT:
 |
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 19th day of June, 2018.
 |
Antonio Silva, City Clerk of the City of Livingston
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