Joint Special Council/BFPD
08/1/22 06:00 PM
City Manager Department
Matthew Summers
Resolution
Doc ID: 5099
AGENDA ITEM
AGENDA MATTER:
CONSIDERATION OF RESOLUTION NO. _____2022 SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
FOR A BALLOT MEASURE REGARDING WHETHER TO TRANSITION FROM AN ELECTED MAYOR TO AN APPOINTED MAYOR SYSTEM AT THE NOVEMBER 8, 2022 ELECTION EXECUTIVE SUMMARY:
The City Council ordered the submission to voters whether to continue with a system in which the Mayor is elected at-large by the voters or revert to a five-member elected by-districts City Council with the Mayor appointed by the City Council from among its five members. The City Council did not indicate who should prepare the impartial analysis for the measure, which is required by law, and who may file arguments for and against the ballot measure.
DISCUSSION:
The City is a general law city. The Mayor of a general law city is usually selected by a vote of members of the City Council pursuant to Government Code section 36801. However, general law cities may establish a system for direct election of the Mayor by voters, with voter approval.
In 1976, voters adopted a Measure G, a ballot measure that approved direct election of the Mayor. The City Council adopted Resolution 1941-1976 declaring that the Office of Mayor of the City of Barstow would be a separately elected position with a two-year term. In 1984, voters adopted a ballot measure changing the term of Mayor from two years to four years. That same year, the City Council adopted Resolution 2623-1984, declaring the results of that election and that the Mayor’s term would be four years. Under Section 2.54.020 of the Municipal Code, the office of the Mayor of the City of Barstow is a separate office and elected directly by the voters of the City. Under the current system, there are four members of City Council, who are elected by district, and the Mayor, who is elected at-large by the voters of the City.
Under Government Code section 34902 the City Council of a general law city may submit to the voters the question of whether or not to eliminate the elective office of mayor and reestablish the procedure of electing five City Council Members by districts and then selecting the mayor by the city council from among its members.
At its March 7, 2022 meeting, the City Council adopted Resolution No. 5083-2022 ordering the submission to the qualified electors of the City a measure regarding whether to transition from an election system with four by-district councilmembers and a mayor elected at-large to an election system with five by-district councilmembers at the general municipal election to be held on Tuesday, November 8, 2022.
The resolution did not indicate who would prepare the impartial analysis of the measure, as required by Elections Code Section 9280. Each impartial analysis must show the effect of the measure on the existing law and the operation of the measure. The attached resolution would direct the City Attorney to prepare an impartial analysis of the ballot measure.
The attached resolution also sets out how arguments for and against the ballot measure, as well as rebuttal arguments may be filed by any council member, any registered voter, any bona fide association Joint Special Council/BFPD
08/1/22 06:00 PM
City Manager Department
Matthew Summers
Resolution
Doc ID: 5099
AGENDA ITEM
of citizens, or any combination of voters and associations in accordance with Elections Code Section 9282.
FISCAL IMPACT:
There are no fiscal impacts at this time.
RECOMMENDED ACTION:
Staff Recommends the City Council adopt the Resolution setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis for the ballot measure regarding whether to transition from an election system with four by-district councilmembers and a mayor elected at-large to an election system with five by-district councilmembers at the general municipal election to be held on Tuesday, November 8, 2022.
Exhibit A - Resolution No. _____-2022