ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney
Exhibit A
Ordinance No.
AN INITIATIVE ORDINANCE OF THE CITY OF LIVINGSTON CHANGING THE OFFICES OF THE
CITY TREASURER AND CITY CLERK FROM ELECTIVE TO APPOINTIVE POSITIONS THE PEOPLE OF THE CITY OF LIVINGSTON DO ORDAIN AS FOLLOWS:
SECTION 1. The office of City Treasurer shall be changed from elective to appointive pursuant to California Government Code section 36508.
SECTION 2. The office of City Clerk shall be changed from elective to appointive pursuant to California Government Code section 36508.
SECTION 3. This ordinance shall take effect as provided in §9217 of the Elections Code of the State of California.
SECTION 4. The City Clerk shall publish this ordinance according to law.
Measure Calendar in Brief
Presidential General Election November 5, 2024
Registrar of Voters Recommended Timeline Election Code Deadlines Filed by July 8, 2024 - Julv 26, 2024 Filed by July 27, 2024-August 9, 2024 07/08 - 07/26 Recommended time frame for local ordinances, EC§ 07/27 - 08/09 Deadline for local ordinances, resolutions, tax rate E-120 - E-102 resolutions, tax rate statement for bond measure or 10401, E-101 - E-88 statement for bond measure or orders for calling an orders for calling an election to be filed with the 10402, election to be filed with the Registrar of Voters office. Registrar of Voters office. 10403 08/02 Impartial analysis due from County Counsel for EC§ 08/16 Impartial analysis due from County Counsel for E-95 measures. Not to exceed 500 words in length. 9160, E-81 measures. Not to exceed 500 words in length. 9280, 9500
08/12 Deadline to submit Arguments IN FAVOR OF or EC§ 08/19 Deadline to submit Arguments IN FAVOR OF or E-85 AGAINST a local measure. Nol to exceed 300 words 9162, E-78 AGAINST a local measure. Not to exceed 300 words in in length. 9163, length. 9282, 9315
08/13 - 08/22 10-calendar day public review period for Arguments EC§ 08/20 - 08/29 10-calendar day public review period for Arguments IN E-84-E-75 IN FAVOR OF or AGAINST any measure. During this 9163, E-77 - E-68 FAVOR OF or AGAINST any measure. During this 10- 10-calendar day review period, any person may seek 9190, Writ calendar day review period, any person may seek Writ of Mandate or injunction requiring any or all of the 9295, of Mandate or injunction requiring any or all the material material in the Argument IN FAVOR OF or AGAINST 9509 in the Argument IN FAVOR OF or AGAINST to be to be amended or deleted. All Writs of Mandate must amended or deleted. All Writs of Mandate must be filed be filed by the end of the 10-calendar day public by the end of the 10-calendar day public examination examination period. oeriod. 08/19 Deadline to submit Rebuttals to Arguments IN FAVOR EC§ 08/23 Deadline to submit Rebuttals to Arguments IN FAVOR E-78 OF or AGAINST a measure argument. Not to exceed 9167, E-74 OF or AGAINST a measure argument. Not to exceed 250 words in length. 9317, 250 words in length. 9504 08/20 - 08/29 1 a-calendar day public review period for Rebuttals to EC§ 08/24 - 09/02 10-calendar day public review period for Rebuttals to E-77-E-68 Arguments IN FAVOR OF or AGAINST any measure. 9167, E-73 - E-64 Arguments IN FAVOR OF or AGAINST any measure. During this 10-calendar day review period, any person 9190, During this 10-calendar day review period, any person may seek Writ of Mandate or injunction requiring any 9295, may seek Writ of Mandate or injunction requiring any or or all of the material in the Rebuttals to Arguments IN 9509 all the material in the Rebuttals to Arguments IN FAVOR OF or AGAINST to be amended or deleted. FAVOR OF or AGAINST to be amended or deleted. All All Writs of Mandate must be filed no later than the Writs of Mandate must be filed no later than the end of end of the 1 a-calendar dav nublic examination oeriod. the 10-calendar dav oublic examination oeriod.
Documents will be printed as submitted. Spelling, punctuation, and grammatical errors will not be corrected by the Elections Official.
Code sections cited are for reference only and are not all-inclusive.
EC§
10401,
10402,
10403
EC§
9160,
9280,
9500
EC§
9162,
9163,
9295,
9509
EC§
9163,
9190,
9295,
9509
EC§
9167,
9317,
9504
EC§
9167,
9190,
9295,
9509
ORDINANCE NO. 652
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING
RESPONSIBILITIES
CHAPTER 7, OF TITLE 1, ESTABLISHING SECTION 1-7-6 CITY CLERK AND SECTION 1-7-7 DEPUTY CITY CLERK RESPONSIBILITIES OF
THE LIVINGSTON MUNICIPAL CODE
enact
WHEREAS, the City of Livingston ("the City'') has the authority, under its police power, to Article
regulations for the public peace, morals, and welfare of the City, California Constitution XI, section 7; and
power,
WHEREAS, pursuant to the City's express statutory authority and its inherent police the City desires to enact reasonable regulations for the City Clerk and Deputy City Clerk.
NOW THEREFORE, the City Council of the City of Livingston does hereby ordain as follows:
SECTION 1. The above recitals are incorporated are hereby by reference. ("CEQA")
SECTION
because
2. The Ordinance is exempt from the California Environmental Quality Act significant effect
it can be seen with certainty that there is no possibility that it will have a and
on the environment. (CEQA Guidelines,§ 15061{b){3).) Further, the adoption 15378,
implementation of this Ordinance is not a project, as defined in CEQA Guidelines section directly
because it has no potential for resulting in physical change to the environment, either or indirectly, and is therefore not subject to environmental review under CEQA pursuant to CEQA Guidelines section 15060(c)(3).
SECTION 3. Chapter 7, of Title 1, of the Livingston Municipal Code is hereby amended to establish section 1-7-6 and section 1-7-7 to read in their entirety as follows:
Chapter 7
CITY OFFICERS AND EMPLOYEES
Section 1-7-6 City Clerk Responsibilities.
The office of City Clerk is created and established pursuant to Government Code section 40801 et seq. Any bond necessary for the performance of the City Clerk's duties shall be paid by California.
the City if executed by a surety company duly authorized to do business within the State of Deputy
The surety bond for the City Clerk shall also include and encompass activities by any City Clerk appointed by the City Clerk. The City Clerk shall have only those responsibilities as provided within this Section and the principal functions of the City Clerk shall be to:
A. Attend all regular meetings of the City Council except when excused by the governing state law, opinions and/or regulations, and be responsible for the timely recording and maintaining of a record of all the actions of the City Council;
B. Keep all ordinances and resolutions of the City Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attest to each resolution and ordinance adopted by the City Council and, as to ordinances requiring publication, that the ordinance has been published or posted in accordance with law; C. Prepare requirements, schedule and maintain all records of the Council and of the office of the City Clerk, and prepare the records retention schedule for City departments in such 01424.0001/936068. I
manner that the information contained therein will be readily accessible and open to the public pursuant to the California Public Records Act, Government Code Section 7920.000 et seq., until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with State law;
D. Serve as the official custodian of all City records; E. Receive, organize, prepare and reply to requests regulated by the California Public Records Act;
F. Serve as custodian of the seal of the City;
G. Prepare the City Council agendas, in conjunction with and under the direction of the City Manager;
H. Perform the duties prescribed by the Elections Code in conducting municipal elections;
I. Perform the duties imposed upon city clerks by the California Political Reform Act; J. Be responsible for the maintenance and distribution of the City's Municipal Code; K. Receive and forward to appropriate departments all claims filed against the City and its officers, agents or employees, pursuant to the provisions of the Tort Claims Act, Government Code Section 900 et seq.;
L. Administer all official oaths of office;
M. Certify all official records of the City;
N. Display decorum and conduct befitting a holder of a public office; work cooperatively and positively with employees, managers, commissioners and members of the public; maintain exceptional customer service at all times;
Manager;
0. The City Clerk shall appoint a Deputy City Clerk upon agreement with the City and
P. Perform such other duties as assigned.
Section 1-7-6 Deputy City Clerk Responsibilities.
The Deputy City Clerk shall be supervised by the City Manager and perform those functions as established within the Deputy City Clerk job duties adopted by the City and which may change from time-to-time.
SECTION 4: EFFECTIVE DA TE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar
adoption,
days after its final passage and adoption. Within fifteen (15) calendar days after its the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
waiving
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after reading, except by Title, at a regular meeting thereof held on the 5th day of December 01424.0001/936068. I
2023, and adopted the Ordinance after the second reading at a regular meeting held on the 19th day of December 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Moran and Council Members Roth, Mann, Baptista-Soto, and Samra None
None
None
MONICA CISNEROS, Deputy City
Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
I, MUCIO VERA JR., City Clerk of the City of Livingston, California, DO HEREBY CERTIFY that the
Council
foregoing is a true and accurate copy of the Ordinance passed and adopted by the City of the City of Livingston on the date and by the vote indicated herein. 01424.0001/936068.1