CITY COUNCIL SPECIAL MEETING AGENDA
AUGUST 7, 2023
6:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE lN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB ZmOZIBELh-ECEPZ2VwZg Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at 209-394-5544.
Notice is hereby given that the City Council will /told a Special Meeting on August 7, 2023, at the City Council Chambers, 663 Main Street, Livingston, California. Persons with disabilities who may need assistance should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an open session item provided to a majority of the members of the legislative body less than 24 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must he received by 2:00 p.m. on the day of the City Council meeting i11 order for them to be distributed to the Council prior to consideration of the matter.
You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLlC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do ,wt receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk's Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
CALL TO ORDER
Roll Call.
Pledge of Allegiance.
Moment of Silence - First Responders and Military Members.
Changes to the Agenda.
Page I of 2
CITIZEN COMMENTS
At a special meeting, members of the public wishing to address the Council for any matter on the agenda may do so at this time. Note, under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda. Comments are normally limited to three (3) minutes.
Please note that under California Government Code section 54954.3(a) (The Brown Act), Special Meeting agendas need only provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the meeting agenda before or at the end of consideration of the item. The public will have an opportunity to comment on matters not on the agenda at regularly scheduled Council Jvfeetings.
DISCUSSION AND POTENTIAL ACTION ITEMS
I. Appointment of City Clerk.
ADJOURNMENT
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Appointment of City Clerk
August 7, 2023
Roy Santos, City Attorney
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Staff recommends that the Council discuss the vacancy in the City Clerk's Office and:
1. Directly appoint a resident to the position of City Clerk
2. Call for a special election and adopt the attached resolution
3. Provide alternative direction
BACKGROUND:
At the November 3, 2020, General Election, Leticia Vasquez-Zurita was elected to a four (4) year term as City Clerk of the City of Livingston. Ms. Vasquez-Zurita has since submitted her letter of resignation as the City Clerk, effective June 8, 2023. As a result, the City Clerk position is vacant.
The City has experienced difficulties with the position of City Clerk, which is an elective position. The City Clerk must be a City resident and registered voter. Because of the current vacancy and lack of applicants for the City Clerk position, we have prepared this discussion for the Mayor and City Council.
DISCUSSION:
Upon a vacancy in an elective office, such as a City Clerk, the City Council can fill the vacancy by appointment or call a special election to fill the vacancy. In order to be eligible to be considered for appointment, any applicant must be a resident of Livingston, a registered voter, and a United States citizen 18 years of age or older. (Gov. Code, § 36502; Elec. Code, § 321 .) The City Council must appoint an individual to fill the City Clerk vacancy within 60 days of the vacancy or call a special election to fill the vacancy. (Gov. Code, § 36512.) If the City Council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (Gov. Code, § 36512(b)(1 ).) If City Council fills the vacancy by appointment, the City Clerk appointed to fill the vacancy shall hold office under one of the following:
a) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal action that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy shall be qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. Gov. Code, § 36512(b)(2)(A).
{CW1282 19 l } Page 1 of 4
b) If the vacancy occurs in the first half of a term of office but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. Gov. Code, § 36512(b)(2)(B).
The deadline to fill the City Clerk role by appointment is August 7, 2023.
APPOINTMENT PROCESS
On July 5, 2023, the Mayor and City Council directed staff to solicit applications for the City Clerk role, and staff adhered to the timeline below, which was directed by the Council:
Appointment
Timeline for Appointment
In the event of a call for applications, the candidate must be appointed by August 7, 2023. In order to adhere to the timeline established in Government Code section 36512(b) for filling vacancies, a proposed timeline and process for the appointment is outlined below:
July 6 - July 24 (5PM): Solicit applications from interested persons.
August 1: Regular City Council meeting to conduct interviews, review and discuss applicants, and select preferred candidate.
Seat the newly appointed City Clerk.
The proposed application form was attached to the agenda item of July 5, 2023. The application was made available on the City's website beginning July 6, 2023. Applications were due to the Deputy City Clerk no later than 5:00 p.m. on July 24, 2023.
Staff adhered to the abovementioned timeline and received no applications for the City Clerk role.
On August 1, 2023, Council gave direction to continue the Appointment of City Clerk to a special meeting on August 7, 2023, to allow interested residents to apply for the City Clerk position.
On August 2, 2023, the Deputy City Clerk received one (1) application from Candice Rae Aguilar. Staff confirmed with Merced County Registrar of Voters that the applicant is an active registered voter in Livingston, California, and the City Clerk's office confirmed all other requirements.
SPECIAL ELECTION PROCESS
Special Election
According to the Merced County Registrar of Voters, since July 16, 2023, has passed, the soonest date a special election can be held is Tuesday, March 5, 2024, the date of the next Primary Election.
CITY CLERK DUTIES & RESPONSIBILITIES
Government Code section 40801 et seq. governs the office of the City Clerk, a copy of which is attached to this staff report.
{CWl28219.l } Page 2 of 4
The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk ensures that actions are in compliance with all federal, state, and local statutes and regulations and that all actions are properly executed, recorded, and archived.
The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.
The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The City Clerk serves as the liaison between the public and City Council and provides related municipal services.
As an Elections Official, the City Clerk administers Federal, State, and Local procedures through which local government representatives are selected. The City Clerk assists candidates in meeting their legal responsibilities before, during, and after an election. From Election pre-planning to certification of election results and filing of final campaign disclosure documents, the City Clerk manages the process which forms the foundation of our democratic system of government.
As a Legislative Administrator, the City Clerk plays a critical role in the decision-making process of the local legislature. As the key staff for City Council meetings, the City Clerk prepares the legislative Agenda, verifies legal notices have been posted or published, and completes the necessary arrangements to ensure an effective meeting. The City Clerk is entrusted with the responsibility of recording the decisions which constitute the building blocks of our representative government.
As a Records Manager, the City Clerk oversees yet another legislative process; the preservation and protection of the public record. By statute, the City Clerk is required to maintain and index the Minutes, Ordinances, and Resolutions adopted by the legislative body. The City Clerk also ensures that other municipal records are readily accessible to the public. The public record under the conservatorship of the City Clerk provides fundamental integrity to the structure of our democracy.
FURTHER CONSIDERATIONS
In order to avoid issues regarding lack of a qualified application or individuals seeking election to the position of City Clerk, the City Council may take steps to have the position changed from elected to appointed. Pursuant to Government Code section 36508, the City Council may submit a ballot measure to the voters asking whether the elected City Clerk position should be changed to an appointed position by the City Council. However, the City Council cannot submit this question to the electors more often than once in an 11-month period. The ballot language shall be printed in substantially the following form: "Shall the office of city clerk be appointive?" Furthermore, the words "yes" and "no" shall be so printed on the ballots that the voters may express their choice. (Gov. Code, § 36509.) Also, upon the simple majority of votes cast on the proposition for it, the City Council shall appoint the City Clerk at the expiration of the terms of the current City Clerk then in office and on a vacancy in such office. (Gov.
Code, § 36510.) The City Clerk shall hold office during the pleasure of the City Council and is not required to be a resident or elector in the City, which helps with the recruitment and retention of a city clerk. In addition, the City Council may, by ordinance, vest in the City Manager its authority to appoint the City Clerk.
{CWl 282 19. I} Page 3 of 4
Finally, at the recommendation of legal counsel, the Council may wish to discuss the delegation of City Clerk responsibilities to staff with clear direction on the Council's intent specified by ordinance.
FISCAL IMPACT:
If the City Council chooses to call a special election to fill the vacancy, cost estimates provided by the County of Merced are estimated to be $53,345.31 if the election is to be held on November 7, 2023, or $15,448.66 if the election is to be held at the March 5, 2024, Presidential Primary Election.
ATTACHMENTS:
1. City Clerk Statute (Gov. Code, § 40801 et seq.)
2. Application from Candice Rae Aguilar
3. 8-3-2023 Email from Vanessa Osmer
4. Resolution 2023-
{CW1282 19.l } Page 4 of 4
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GOVERNMENT CODE - GOV
TITLE 4. GOVERNMENT OF CITIES [34000 - 45345) ( Title 4 added by Stats. 1949, Ch. 79.) DIVISION 3. OFFICERS [36501 - 41805) ( Division 3 added by Stats. 1949, Ch. 79. ) PART 3. OTHER OFFICERS [40601 - 41805) ( Part 3 added by Stats. 1949, Ch. 79.) CHAPTER 2. City Clerk [40801 - 40814) ( Chapter 2 added by Stats. 1949, Ch. 79. ) I Search I <D
illil1.. The city clerk shall keep an accurate record of the proceeding of t he legislative body and the board of equalization in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index. (Added by Stats. 1949, Ch. 79.)
~ The city clerk is the accounting officer of the city and shall maintain records readily reflecting the financial condition of the city. (Added by Stats. 1949, Ch. 79.)
~ The city clerk shall cause a summary of the city's financial report required by Section 53891, in a form prescribed by the Controller, to be published once in a newspaper of general circulation, pursuant to Article 1 (commencing with Section 6000) of Chapter 1 of Division 7 of Title 1 of the Government Code. If there is no newspaper, the city clerk shall cause copies of the statement to be posted in three public places in the city designated by ordinance as the places for posting of public notices. (Amended by Stats. 2018, Ch. 467, Sec. 42. (SB 1498) Effective January 1, 2019.} ~ The report shall be published or posted consistent with the timelines established in Section 53891 alter the close of the fiscal year for which the report is compiled.
(Amended by Stats. 2016, Ch. 366, Sec. 10. (SB 974) Effective January 1, 2017.) !Ollll.5..5.. The financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 may be transferred to a director of finance when such office has been established and the powers and duties thereof defined by ordinance. (Added by Stats. 1955, Ch. 1754.)
!ll.!lOi. The city clerk shall keep a book marked "ordinances" and record in it all city ordinances with a certificate annexed to each, stating:
(a) It is a true and correct copy of a city ordinance.
(b) The ordinance number.
(c) It has been published or posted pursuant to law.
(Amended by Stats. 2018, Ch. 467, Sec. 43. (SB 1498) Effective January 1, 2019.) ~ The record with the certificate is prima facie evidence of t he contents of each ordinance and of its passage and publication. It is admissible as such evidence in any court or proceedings. (Added by Stats. 1949, Ch. 79.)
iOll.O.!I.. The official city records in the custody of the city clerk shall not be filed in any court proceeding or other action but shall be returned to the custody of the city clerk.
(Added by Stats. 1949, Ch. 79.)
Al2DDi. This article does not prevent the proof of the passage and publication of ordinances in the usual way. (Added by Stats. 1949, Ch. 79.)
!llll1.ll. The city clerk is the ex officio assessor unless the legislative body provides for the assessment and collection of city taxes by county officers or otherwise.
(Added by Stats. 1949, Ch. 79.)
AQBjj_,. The city clerk is the custodian of the city seal, (Added by Stats. 1949, Ch. 79.)
.iO.ff.1..2... The city clerk shall perform any additional duties as are prescribed by ordinance. {Amended by Stats. 2018, Ch. 467, Sec. 44. {SB 1498) Effective January 1, 2019.) ~ The city clerk may appoint deputies, for whose acts the city clerk and the city clerk's bondspersons are responsible. The deputies shall hold office at the pleasure of the city clerk and receive the compensation as provided by the legislative body. {Amended by Stats. 2018, Ch. 467, Sec. 45. {SB 1498) Effective January 1, 2019.) ~ The city clerk and the city clerk's deputies may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs and business which may be used in any court or proceedings in the state. The acknowledgment of an instrument may be made before a city clerk and the city clerk's deputies within the city ln which they were elected or appointed. {Amended by Stats. 2018, Ch. 467, Sec. 46. (SB 1498) Effective January 1, 2019.)
Please Return To:
Monica Cisneros. Deputy City Clerk
1416 C Street
Livingston CA 95334
(209) 394-5544
[email protected]
FILING DEADLINE: Thursday, July 24, 2023 at 5:00 PM.
LENGTH OF RESIDENCE
at above address: 11.tf Y '-11
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THE LIVINGSTON CITY COUNCIL, ANY COUNCIL APPOINTED COMMITTEE OR
COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP OR APPOINTMENT.
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WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY CLERK POSITION?
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(Attach additional pages as necessary.)
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VJ, WHAT DO YOU HOPE TO ACCOMPLISH AS THE CITY CLERK?
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t I llJ(ttl Q 1v1,n 1111,11r :111t1 _ -lt 1 1 ·u1~, //, : ·; ·J -1 l_t, PLEASE REVIEW THE ATTACHED DESCRIPTION OF DUTIESAND RESPONSIBILITIES OF THE LIVINGSTON CITY CLERK POSITION. IS THERE ANY
REASON YOU WOULD BE UNABLE TO FULFILL THESE DUTIES AND
RESPONSIBUTIES?
-/, Please list three (3) references with telephone numbers:
Sn c;,~1r1r. Mr ,1 lrl h
1, -------------
2. r ,.i/e("\~y-, ·
3. _,__ _______ t1l,C \tH \ _
PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge. r / I fl I I .._ I ' ,, y
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Si n~ture of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.
(Attach additional pages as necessary.)
ICW129954.1}
Monica Cisneros
From:
Sent:
Osmer, Vanessa <[email protected]>
Thursday, August 3, 2023 8:04 AM
To: Monica Cisneros
Cc: Garza-Ortega, Marina
Subject: Voter Check
Good morning,
I apologize for the delayed response. I was unexpectedly out of office yesterday.
Candice Rae Aguilar,
If there's anything else you need please let me know,
Yanessa Osmer
Elections Specialist I/ Voter Registration Clerk
Merced County Registrar of Voters
2222 Mst Merced, CA 95340
Phone:209-385-7541 Fax:209-385-7387
Livingston, CA- active registered voter at given address. 1 01424.0001/910135.1
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF LIVINGSTON, CALIFORNIA,
CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NEXT REGULARLY ESTABLISHED ELECTION DATE NOT LESS THAN 114 DAYS FROM THE CALL OF THE SPECIAL ELECTION
WHEREAS, on June 8, 2023 elected City Clerk Leticia Vasquez-Zurita resigned from her position; and
WHEREAS, upon receiving the elected City Clerk’s resignation the City Council sought applicants to fill the city clerk vacancy; and
WHEREAS, pursuant to Government Code section 36512, the City Council must appoint an individual to fill the City Clerk vacancy within 60 days of the vacancy or call a special election to fill the vacancy; and
WHEREAS, the City Council did not receive any applications to file the city clerk vacancy; and
WHEREAS, pursuant to Government Code section 36512(b)(1), if the City Council cannot appoint an individual to fill the city clerk vacancy, the City Council may call a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election; and
WHEREAS, it is desirable that said Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City of Livingston the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Merced canvass the returns of the General Special Election and that the election be held in all respects as if there were only one election; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council calls a Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City of Livingston the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Merced canvass the returns of the General Special Election and that the election be held in all respects as if there were only one election.
SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 3. That the Deputy City Clerk is authorized, instructed and directed to coordinate with the County of Merced Clerk-Recorder to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Resolution No.
SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding a Special Municipal Election consolidated with a Statewide Primary Election.
SECTION 6. That notice of the time and place of holding the election is given and the Deputy City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
SECTION 7. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Merced is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election for the purpose of submitting to the voters the election of the City of Livingston City Clerk.
SECTION 8. That the County Election Department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
SECTION 9. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.
SECTION 10. That the City of Livingston recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs incurred by reason of this consolidation.
SECTION 11. That the Deputy 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 12. That the City Council authorizes the Deputy City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 13. That this Resolution is effective on the day of its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Livingston at a regular meeting thereof held on the 7th day of August 2023 following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Resolution No.
___________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
I, hereby certify that the forgoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 7th day of August, 2023. ___________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney