C,JOHNDEERE
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
Deere & Company
2000 John Deere Run
Cary. NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53
13--i BELKORPAG
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
Belkorp Ag, LLC
985 12th Street
Firebaugh, CA 93622
559-659-2039
[email protected]
Balance Due $ 48,940.79
Salesperson: X _____ Accepted By: X _ ___ _
Confidential
Exhibit A
(GI} JOHN DEERE 13-i BELKORPAG
Selling Equipment
Quote Id: 31143603 Customer Name: CITY OF LIVINGSTON
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53
Belkorp Ag, LLC
985 12th Street
Firebaugh, CA 93622
559-659-2039
[email protected]
2022 JOHN DEERE 5075E Utility Tractor -1PY5075EKNN123558 Hours: 1
Stock Number: 59060
ontract: Sourcewell Ag Tractors 082923-DAC (PG 1 P CG
70)
Price Effective Date:
Selling Price *
$37,255.59
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract
Price
1756LV 2022 JOHN DEERE 507SE 1
TRACTOR
$31 ,294.00 14.00 $4,381. 16 $26,912.84 $26,912.84
Standard Options - Per Unit
0202 UNITED ST ATES - 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
COUNTRY CODE
0409 SE ENGLISH OM 1 $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
1381 S075E, PRT, MFWD 1 $3,059.00 14.00 $ 428.26 $2,630.74 $ 2,630.74 1799 NON-LOADER/LESS 1 $ 0.00
LOADER PREP
14.00 $ 0.00 $ 0.00 $ 0.00
2006 SE OOS MFWD $ 0.00 14.00 $ 0.00 $ 0.00 $ 0.00
3420 SE DUAL MID VALVE $1,327.00 14.00 $ 185.78 $1 ,141.22 $1,141.22 5184 16.9-24 6PR R4 BIAS 1 $ -389.00 14.00 $ -54.46 $-334.54 $ -334.54 6040 SE MFWD 1 $6,048.00 14.00 $ 846.72 $5,201.28 $ 5,201.28 6133 12.5/80-18 6PR 13 BIAS $ 794.00 14.00 $111.16 $ 682.84 $ 682.84 Standard Options Total $10,839.00 $1 ,517.46 $9,321.54 $9,321 .54 Dealer Attachments/Non-Contract/Open Market
BSJ10341 Mounting parts, kit, canopy 1 $ 92.40 0.00 $ 0.00 $ 92.40 $ 92.40 mountin
L VB25334 Canopy, kit, canopy 1 $ 750.61 0.00 $ 0.00 $ 750.61 $ 750.61 RE24211 O Strap kit, field installation kit, 1 $ 178.20 0.00 $ 0.00 $ 178.20 $ 178.20 Dealer Attachments Total $1,021.21 $ 0.00 $1,021.21 $ 1,021 .21 Value Added Services $ 0.00
Total
$ 0.00 $ 0.00
Total Selling Price $43,154.21 $ 5,898.62 $ 37,255.59 $37,255.59 Confidential
Exhibit A
C,JOHNDEERE i3-i BELKORPAG
Selling Equipment
Quote Id: 31143603 Customer Name: CITY OF LIVINGSTON
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
Deere & Company
2000 John Deere Run
Cary, NC 27513
FED ID: 36-2382580
UEID: FNSWEDARMK53
Belkorp Ag, LLC
985 12th Street
Firebaugh, CA 93622
559-659-2039
[email protected]
JOHN DEERE 520M Loader
Equipment Notes:
Hours:
Stock Number:
ontract: Sourcewell Ag Tractors 082923-DAC (PG 1 P CG
70)
Price Effective Date: June 10, 2024
Selling Price *
$8,158.60
* Price per item - includes Fees and Non-contract items Code Description
1481P 520M Loader
0202 United States
0409 English
0500 Less package
1507 Mounting frame
2512 520M Mechanical Farm
Loader, Mechanical SelfLeveling (MSL) - Twofunction
3590 Two-function hoses and
parts
4658 Two-Function Mid-Mount
Quick Couplers
5436 Hood Guard
6995 Less ballast box
7510 John Deere™ 500-style
carrier
8425 1850-mm (73-in.) general
purpose bucket (John
Deere™ carrier)
Standard Options Total
Qty List Price Discount% Discount Contract Extended
Amount Price Contract
Price
$9,785.00 24.00 $2,348.40 $7,436.60 $7,436.60
Standard Options - Per1Unit
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ 1,097.00 24.00 $ 263.28 $ 833.72 $ 833.72
$ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
$ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
1 $ -147.00 24.00 $-35.28 $ -111.72 $ -111. 72
$ 0.00 24.00 $ 0.00 $ 0.00 $ 0.00
$ 950.00 $ 228.00 $ 722.00 $ 722.00
Total Selling Price $ 10,735.00 $ 2,576.40 $ 8,158.60 $ 8,158.60 Confidential
Exhibit A
Purchase Agreement
N&S Tractor Merced
209-383-5888 • 600 CA-59 Merced, CA 95341
Prepared For: CITY OF LIVINGSTON (CL 11)
Address: 1416 C STREET LIVINGSTON, CA 95334
Contact: • [email protected]
Quoted Equipment Overview
New 2022 CASE IH FARMALL 070A
Stock Number: NCA034
Engine Hours: 3
Serial #: FR5646399
Delivery Included
Case IH Farmall 70A Tractor Tier 4 wlth Silencer Downswept Exhaust~ 2 Rear Remotes 1 Kickout 540 RPM Sinlge PTO 9.Sx24 4WD Front Wheels and Tires 1 i:1.9x28 Rear Wheels and Tires Loader Mount Ready and 40KG Rear Wheel Weights
New 2022 CASE IH LSSS
Stock Number: CE2202
Engine Hours; O
Serial #: YNWL35003
Delivery Included
Case IH LSSS NSL SSL Loader with Mounting Kit Econ3 73" Mat Bucket
Accepted By:
Comments: City of Livingston Sourcewe!I Account# 60833
Case Sourcewell II 082923 CNH-1
Quote Number: Q-161-31965
Date Prepared: 05/1/2024
Presented By: Brian Alamo (209-505-7211)
Pricing
2022 CASE IH FARMALL 070A:
Inland Freight:
POI:
Fuel Surcharge:
Load Fee-Factory:
Marketing Fee:
18% Sourcewell discount:
2022 CASE IH LSSS:
Inland Freight:
POI:
Fuel Surcharge:
Marketing:
Load Fee-Factory:
20% Sourcewell discount:
Subtotal:
Sales Tax (7.750%):
Subtotal:
Tire Tax:
Exhibit B
$43,147.50
$3,500.00
$1,000.00
$30.00
$670.00
$60.00
-$-8,707.50
$8,731.74
$586.00
$500.00
$214.00
$30.00
$170.00
-$-2,031.74
$47,900.00
$3,712.25
$51,612.25
$7.00
Total Price: $51,619.25
Quote Expires: 05/31/2024
Date:
700 S. Hwy 59
Merced, CA 95341
(209) 726-4600
Fax (209)726-5122
Buyer: City of Livingston
Address:
QUOTE
Exhibit C
Quality People Quality Products®
1-877-TRACTOR
(1-877-872-2867)
www.GartonTractor.com
Date: 3/21/2024
----------------------- City, State: ________ Zip: ____ _ 1 n voice No. ______ Date: Phone#: Sales Tax District: MERCED CO.
Fax· - - E Mail·----------- PO# New/
Us<id Make Model Serial# Stock# Description
New Kubota M4D,071HDCl2 utility cab tractor, ac/heat, 12 speeds, R4 tires New Kubota LAI 154A Loader with mounts, Valve, and 72" bucket assemble, freight, PDI
TRADE-INS, Bu~er Certifies Belo~ Trade-Ins to be free of encumbrances eis:si:H!:t as noted. Freight:
Year Make Model Serial# Stock# Description Trade• In Allowance Subtotal; Tax Rate: I 7.750%
Calif. Tire Fee:
Extended Coverage:
UCC/DOC Fee:
Trade-In Allowance: Amount Owing: Net Trade-In Allowance: Total Delivered Price:
0 Trade-ln's must be turned In or picked up no later than 5 days after delivery of purchased Trade-In Allowance Financing Terms:
Warranty:
w
2 0
z
Extended Coverage:
Availabili ty :
equipment," Less Cash Down Payment"'
Total Down Payment
Unpaid Balance
PD Insurance:
Other Charges:
AMOUNT FINANCED OR DUE ON DELIVERY
WE appreciate your business!
Kim Bishop [email protected]
(209) 620-7706
-Quotes are subject to change by aval/abilify or manufacturer programsQUOTE Amount
$65,550.00
$8,855.00
$1,677.42
$76,082.42
$5,896.39
$10.50
$81,989.31
$81,989.31
$81,989.31
01424.0002/984203.1 Page 1 of 4
STAFF REPORT
AGENDA ITEM: Consideration of a Resolution of the City Council of the City of Livingston Submitting Questions at the General Election regarding the changing of the positions of City Clerk and City Treasure from Elective to Appointive Positions, and requestion County to add it to the Ballot at the Consolidated Statewide Election; Receive Direction from the Council on Council Argument In Favor Of
MEETING DATE: July 2, 2024
PREPARED BY: Roy Santos, City Attorney
REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:
Adopt Resolution NO. __; entitled:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LIVINGSTON SUBMITTING
QUESTIONS OF CHANGING THE OFFICES OF CITY CLERK AND CITY TREASURER FROM ELECTED POSITIONS TO APPOINTED POSITIONS AT THE CITY’S GENERAL ELECTION,
WHICH IS CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 AND REQUESTING THE COUNTY ADD THE MEASURE TO THE
BALLOT AT THE CONSOLIDATED STATEWIDE GENERAL ELECTION
Council Motion to appoint member to draft argument and bring back to council or to draft argument on behalf of Council.
BACKGROUND AND DISCUSSION:
State law requires every general law city to have a City Clerk and City Treasurer, who may be either elected by the voters or appointed by the City Council. The City Council proposes to consider whether to ask electorate of the City of Livingston if the positions of Treasurer and City Clerk should be changed from elected to appointive positions. A draft Resolution for consideration is included as an attachment to this staff report, should the Council decide to move forward with a ballot measure on the question.
The California Government Code addresses the election process for this ballot question for a general law city.
“Section 36508. At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period. “36509. The question shall be printed on the ballots used at the election substantially in the following form: ‘Shall the office of city clerk be appointive?’ or “Shall the office of city treasurer be appointive”
The words ‘yes’ and ‘no’ shall be so printed on the ballots that the voters may express their choice.
01424.0002/984203.1 Page 2 of 4
“36510. If a majority of the votes cast on the proposition is for it, the city council shall appoint such officer at the expiration of the terms of the officer then in office, and on a vacancy in any such office. Such officer shall hold office during the pleasure of the city council and, notwithstanding Section 36502 to the contrary, is not required to be a resident or elector in the city.
Placing a ballot measure before the electorate is accomplished by City Council adoption of a resolution that:
• Submits proposed ballot measure wording to the County Elections Department/Registrar of Voters
• Authorizes written argument regarding the measure, including providing for the filing of rebuttal arguments to the measure in accordance with filing deadlines, and • Directs the City Attorney to prepare an impartial analysis of the measure.
Office of the City Clerk
Generally, the City Clerk Duties and Responsibilities pursuant to law are as follows:
The basic duties of the City Clerk are set forth in the Government Code. “40801. The city clerk shall keep an accurate record of the proceeding of the legislative body ... in books bearing appropriate titles and devoted exclusively to such purposes, respectively. The books shall have a comprehensive general index.
“40806. The city clerk shall keep a book marked "ordinances" and record in it all city ordinances with his 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.
“40811. The city clerk is the custodian of the city seal. “40812. [The city clerk] shall perform such additional duties as are prescribed by ordinance. “40813. The city clerk may appoint deputies, for whose acts he and his bondsmen are responsible.
The deputies shall hold office at the pleasure of the city clerk and receive such compensation as is provided by the legislative body.
“40814. The city clerk and his 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 his deputies within the city in which they were elected or appointed.”
Additional City Clerk Responsibilities
In addition to these basic, historic duties, the legislature has assigned ever greater and more complex responsibilities to the City Clerk over the years.
Per Election Code Section 320, the City Clerk is the Election Official for the City. In this capacity, the City Clerk interacts with the County Elections Department during all local elections to assure compliance with all election laws and regulations.
Under Section 54950 et seq. of the Government Code, the City Clerk is responsible for ensuring compliance with the Brown Act (“Open Meeting Laws”), regarding conduct of city business and responses to public inquiries.
The Political Reform Act, Government Code Section 83111, designates the City Clerk as the official responsible for coordinating, recording and retaining the Statements of Economic Interests of all elected and appointed officials and staff, and for collecting and maintaining all candidate Campaign Finance Forms.
01424.0002/984203.1 Page 3 of 4
Elective Versus Appointive City Clerk
Of the 483 cities in California, 397 have appointed City Clerks and 86 have elected City Clerks.
The percentage of elected City Clerks in California has continued to decline. As the legal responsibilities and professional expertise required to fulfill the duties of the position have increased, elected City Clerks are being replaced by appointed professional staff with appropriate training and experience who typically perform both City Clerk and other City staff duties.
The Office of City Treasurer
The California Government Code requires cities to have an elected or appointed City Treasurer even though most of the City’s finances are overseen by the Finance Director. The only qualifications to serve as an elected City Treasurer are that a candidate be of-age and a registered voter; there is no guarantee that an elected City Treasurer will possess the necessary skills and expertise required.
Under the Government Code, the City Treasurer has the following duties:
41001. The city treasurer shall receive and safely keep all money the treasurer receives. 41002. (a) The city treasurer shall comply with all laws governing the deposit and securing of public funds and the handling of trust funds in his or her possession. (b) If the city has issued bonds, the city treasurer shall use a system of accounting and auditing that adheres to generally accepted accounting principles. 41003. The city treasurer shall pay out money only on warrants signed by legally designated persons.
41004. Regularly, at least once each month, the city treasurer shall submit to the city clerk a written report and accounting of all receipts, disbursements, and fund balances. The city treasurer shall file a copy with the legislative body.
41005 The city treasurer shall perform such duties relative to the collection of city taxes and license fees as are prescribed by ordinance.
FISCAL IMPACT:
The proposed election measure will be added to the ballot at the Consolidated General Election and increase the costs of the election according to the County. Staff received a preliminary projection from the County and the cost is estimated to be approximately $24,441.65.
OPTIONS:
On Resolution
1. Adopt Resolution submitting question to the voters regarding changing city clerk and city treasurer positions from elective to appointive positions;
2. Do not Adopt Resolution and maintain the status quo of elected positions of City Treasurer and City Clerk.
On Council Direction re Arguments
1. Authorize council member to write argument and return to Council regarding arguments.
2. Authorize council member to write an argument on behalf of the Council.
3. Do nothing.
01424.0002/984203.1 Page 4 of 4
ATTACHMENTS:
1. Proposed Resolution
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITY OF LIVINGSTON SUBMITTING A
MEASURE TO THE VOTERS REGARDING CHANGING THE OFFICES OF CITY CLERK AND CITY
TREASURER FROM ELECTED POSITIONS TO APPOINTED POSITIONS AT THE CITY'S
GENERAL ELECTION, WHICH IS CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, AND REQUESTING THE COUNTY ADD THE MEASURE TO
THE BALLOT AT THE CONSOLIDATED STATEWIDE GENERAL ELECTION WHEREAS, the California Government Code requires general law cities such as the City of City of Livingston (the "City") to maintain the positions of City Clerk and Treasurer; and WHEREAS, the City Council of the City ('City Council") desires that the positions of City Clerk and City Treasurer be changed from elected positions to positions appointed by the City Council; and
WHEREAS, pursuant to Government Code Sections 36508-36510, the City Council may submit to the voters the question of whether the position of City Clerk and City Treasurer shall be elected or appointed by the City Council; and
WHEREAS, if the majority of the votes cast on the propositions regarding the City Clerk and City Treasurer is for converting the positions to appointive positions, the City Council shall appoint such officers upon the expiration of the terms of the City Clerk and City Treasurer commencing in November/December 2024 and ending in November/December 2028; and WHEREAS, it is the desire of the City Council to submit to the voters at the General Municipal Election on November 5, 2024, which is consolidated with the Statewide General Election to be held on November 5, 2024 the question of whether the City Clerk and City Treasure shall be appointive positions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby resolves and orders as follows:
Section 1. That pursuant to the requirements of the laws of the State of California relating to the conduct of elections and Government Code Sections 3508 and 3510, there is to be submitted at the general election called and ordered to be held in the City of Livingston, on Tuesday, November 5, 2024, a measure attached hereto as Exhibit A attached hereto and by this reference incorporated herein, ("Exhibit A") for the purpose of changing the positions of City Clerk and City Treasurer from elected to appointive positions to the qualified voters of the City. The forms of the question to appear on the ballot are specified below in Section 2 of this Resolution. The City Manager is hereby authorized and directed to make any changes to the text of the measure, or this resolution as required to conform to any requirements of law.
Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the City Council has requested that the Board of Supervisors of the County of Merced to consent and agree to the consolidation of the Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, and the City Council hereby requests that the Board of Supervisors add the questions below to the ballot:
01424.0001/959920. I
Measure APPOINTIVE CITY TREASURER Yes
- No
Shall the office of the city treasurer be appointive?
Measure APPOINTIVE CITY CLERK Yes
- No
Shall the office of the city clerk be appointive?
Section 3. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, the City Council has requested pursuant to Resolution No. _ and hereby requests the Board of Supervisors of the County of Madera to permit the County Election Department/Registrar of Voters to conduct the General City Election and consolidate it with the Statewide General Election to be held on November 5, 2024, including the ballot measure question described herein.
Section 4. That in accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the measure: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City Clerk; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code§ 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City Clerk, being the close of business on-----~ after which time no arguments for or against the measure may be submitted to the City Clerk. The dates may correspond with any dates for the consolidated election.
Section 5. That the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the measure, not to exceed five hundred (500) words in length, showing the effect of the measure on the existing law and the operation of the measure. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure __ . If you desire a copy of the ordinance or measure, please call the City Clerk's office at (insert telephone number) and a copy will be mailed at no cost to you." The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. The dates may correspond with any dates for the consolidated election.
Section 6. That pursuant to Elections Code § 9285, when the City's designated elections official has selected the arguments for and against the foregoing measure which will be printed and distributed to the voters, the City's designated elections official shall send copies of the argument in favor of the measure to the authors of the argument against, ·and copies of the argument against to the authors of the argument in favor. The author or a majority of the authors of an argument relating to the foregoing city measure may prepare and submit a rebuttal argument not to exceed two hundred and fifty (250) words in length. A rebuttal argument may not be signed by more than five (5) authors. The rebuttal arguments shall be filed with the City Clerk not later than the close of business on _______ _ The rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. Rebuttal arguments shall be printed in 01424.00011959920.1 2
the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. The dates may correspond with the consolidated election.
Section 7. That the City Clerk shall cause the City Attorney's Impartial Analysis, and arguments and rebuttals to be transmitted to the County, to be printed and distributed to voters in accordance with State law regarding same.
Section 8. That the City Clerk is authorized, instructed and directed to procure and furnish to the County, if requested, 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 in accordance with the Elections Code and the laws of the State of California. That the noiice of time and place of holding of the election is hereby given and the city clerk is authorized, instructed and directed to give further or additional notice as required by law.
Section 9. That the Consolidated Election shall be held in accordance with Elections Code 10203 and 10418.
Section 10. That the County Election Department is authorized to canvass the returns of the ballot questions/measures. The election shall be held in all respects as if there were only one election, and one form of ballot shall be used.
Section 11. That the electorate vote requirement for the measures to pass is a majority (50%+1) of the votes cast on each measure at the November 5, 2024, consolidated election.
Section 12. That pursuant to Elections Code Section 10002 City Council hereby requests the Board of Supervisors of the County to permit the county elections official to renders specified services to the City relating to the conduct of the election. Such services shall include and not be limited to the preparation of all of the City's election materials.
Section 13. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved invoice.
Section 14. The City Clerk is hereby directed to forward a certified copy of this resolution to the County Election Department.
Section 15. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2024-_ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 4th day of June 2024, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
01424.0001/959920. l 3
By:----------- Jose A. Moran, Mayor
Of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney
01424.0001/959920. I 4
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. 01424.00011959920. I 5
AGENDA ITEM:
MEETING DATE:
PREPARED BY:
REVIEWED BY:
STAFF REPORT
Consideration of a Resolution of the City Council of the City of Livingston Submitting Questions at the General Election regarding the changing the term of the Mayor to 4 years and enacting term limits for council members, requesting the County to add it to the ballot; Receive Direction from the Council on Council Argument In Favor of.
July 2, 2024
Roy Santos, City Attorney
Christopher Lopez, Interim City Manager
RECOMMENDATION:
Adopt Resolution NO. _; entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA,
SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, MEASURES TO CHANGE THE TERM OF THE MAYOR TO FOUR
YEARS AND LIMIT CONSECUTIVE TERMS OF COUNCILMEMBERS TO TWO TERMS Council Motion to appoint member to draft argument and bring back to council or to draft argument on behalf of Council.
BACKGROUND AND DISCUSSION:
The City currently has a two year term for the Mayor. In 2000, the City electorate determined to have a two year term for the Mayor over a four year term. In 2014, the electorate rejected another ballot measure to provide for a 4 year term for the Mayor. The Council has requested to provide for another election to change the term to four years.
The Council has also requested to limit the terms of Councilmembers to two consecutive four (4) year terms.
The resolution provides for two measures associated with these items and an Ordinance enacting the term limits and term of the mayor.
FISCAL IMPACT:
The proposed election measure will be added to the ballot at the Consolidated General Election and increase the costs of the election according to the County. Staff received a preliminary projection from the County and the cost is estimated to be approximately $24,441.65. 0 l 424.0002/995059. l Page 1 of 2
OPTIONS:
On Resolution
1. Adopt Resolution submitting question to the voters regarding changing the term, and enacting term limits and consolidating election;
2. Do not Adopt Resolution and maintain the status quo of two year term for Mayor and the Council.
On Council Direction re Arguments
1. Authorize council member to write argument and return to Council regarding arguments.
2. Authorize council member to write an argument on behalf of the Council.
3. Do nothing.
ATTACHMENTS:
1. Proposed Resolution with Ordinance Attached.
01424.0002/995059. l Page 2 of 2
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA,
SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024, MEASURES TO CHANGE THE TERM OF THE MAYOR TO FOUR
YEARS AND LIMIT CONSECUTIVE TERMS OF COUNCILMEMBERS TO TWO TERMS WHEREAS, the City Council of the City of Livingston ("City") desires to submit to the voters a measure changing the term of the elected mayor from a four year term to a two year term, commencing with the term of the mayor elected in the November 5, 2024 election; and WHEREAS, the City Council of the City desires to submit to the voters another measure setting term limits for councilmembers to two (2) consecutive four (4) year terms; and WHEREAS, the City Council desires to present such measure to the qualified voters at the next regularly scheduled general election; and
WHEREAS, the City Council may submit the measures to the voters pursuant to California Government Code Sections 34900 et seq. and Government Code Section 36502; and WHEREAS, the City Council has passed Resolution No. 2024-30 on June 4, 2024 calling a general municipal election for the purpose of electing two (2) members of the City Council, the Mayor, the City Clerk and the City Treasurer, and requesting that the general municipal election be consolidated with the Statewide general election to be held on Tuesday, November 5, 2024, and requesting that the Board of Supervisors of the County of Merced direct the Registrar of Voters/ Election Department to take any and all necessary steps to conduct the consolidated election; and under the provisions of the laws relating to cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question or questions, proposition, or office to be voted upon at the election, as it is to appear on the ballot.
Upon such request, the Board of Supervisors may order the consolidation; and WHEREAS, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and WHEREAS, various federal, district, county, state and other political subdivision elections may be or have been called to be held on November 5, 2024; WHEREAS, the City Council also desires request the County to consolidate the term limits measure and the mayoral term measure election with the Statewide general election to be held on November 5, 2024;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the Recitals hereto are true and correct and incorporated herein by this reference.
Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election to be held and consolidated with the Statewide general election on Tuesday, November 5, 2024, the following questions:
Shall the term of office of mayor of the City of Livingston be YES •our (4) years, commencing with mayor elected in the
November 5, 2024 election?
(currently the term of mayor is 2 years as provided by the voters in the November 2000 general election) NO
Term Limit for Council Members. YES
Shall the measure, establishing a consecutive term limit NO of two (2) terms of four (4) years served as member of the City Council in the City of Livingston, be adopted?
Section 3. That the proposed complete text of the Ordinance related to the measures submitted to the voters is attached hereto as Exhibit A and is hereby approved and adopted and by this reference incorporated herein.
Section 4. That the Board of Supervisors of the County of Merced is hereby requested to consent and agree to the consolidation of the election on these ballot measures and the City's general municipal elections for councilmembers and other officers with the Statewide general election to be held on November 5, 2024, and to direct the Merced County Registrar of Voters/Election Official to take any and all necessary steps to conduct the consolidated election.
Section 5. That the Election Department of the County of Merced and Board of Supervisors/Registrar of Voters is authorized to canvass the returns of the election. The election 01424.0002/994745.I 2
shall be held in all respects as if there were only one election, and only one form of ballot shall be used.
Section 6. That the City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for its share of the costs.
Section 7. That the City Clerk is authorized, instructed and directed 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 in accordance with the Elections Code and the laws of the state of California.
Section 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and Election Department of the County of Merced.
Section 9. That the deadline for filing arguments on the ballot measures with the City Clerk of the City shall be the close of business on August 12, 2024. That in accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the foregoing measures: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City's elections official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code§ 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City's elections official, being the close of business on August 19, 2024, after which time no arguments for or against the foregoing measure may be submitted to the elections official. Pursuant to Elections Code 9285, the City Council is authorized file a written argument.
That in the event that more than one argument for or against any of the foregoing measures is timely submitted, the City's elections official shall give preference and priority first, to arguments submitted by member(s) of the City Council, as authorized by this Resolution, and second, to individual voters, bona fide associations, or a combination thereof, in the order set forth at California Elections Code§ 9287.
Section 10. That the deadline for filing of rebuttal arguments on the ballot measures with the City Clerk shall be at the close of business on August 19, 2024. Rebuttals shall not exceed 250 words in length. The rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
Section 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 12. That, pursuant to Elections Code Section 9280, the City Clerk ·is hereby directed to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis of the measures, not to exceed 500 words in length, showing the effect of the measures on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk by the close of business on August 2, 2024. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the 01424.0002/994745.l 3
requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure __ . If you desire a copy of the ordinance or measure, please call the elections official's office/city clerk at 209) 394-5544 and a copy will be mailed at no cost to you." Section 13. That City Council of Livingston hereby orders an election be called and consolidated with any and all elections also called to be held on November 5, 2024 insofar as said elections are to be held in the same territory or in territory that is in part the same as the territory of the requests the Board of Supervisors of the County of Merced to order such consolidation under Elections Code Section 10401 and 10403.
Section 14. That the City Council hereby requests the Board of Supervisors to permit the Merced County Elections Department to provide any and all services necessary for conducting the election and agrees to pay for said services.
Section 15. That the Merced County Elections Department shall conduct the election for the measure delineated in Section 2 to be voted on at the election on November 5, 2024.
Section 16. The Elections Departments of Merced County is hereby requested not to print the attached full measure text of Exhibit A hereto in the Voter Guide, but send a copy to voters upon request at the cost of the City. The contact number to be printed in the Voter Guide is (831) 386-5971 (EC§§ 9160, 9312, 9280).
In addition, the full text will be available at the following web site address:
cityoflivingston.org.
Section 17. That the electorate vote requirement for each of the measures to pass is a majority (50%+1) of the votes cast on the measures at the November 5, 2024 consolidated election ..
Section 18. The adoption of this Resolution is exempt from the California Environmental Quality Act, Public Resources Code§§ 21000 et seq. ("CEQA") and 14 Cal. Code Reg. §§ 15000 et seq. ("CEQA Guidelines"). The calling and noticing of a General Municipal Election for the submission of a question on a ballot measure to voters is not a project within the meaning of CEQA Guidelines Section 15378.
Section 19. That the City Clerk and City Manager are hereby authorized to take all actions as necessary to effectuate the purposes of this resolution and the election.
Section 20. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. This resolution shall be effective immediately.
I hereby certify that the foregoing Resolution No. 2024-__ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 2nd day of June 2024, by the vote recorded as follows:
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AYES:
NOES:
ABSTAIN
ABSENT
ATTEST:
By:------------
Monica Cisneros, Deputy City Clerk
APPROVED AS TO LEGAL FORM:
By: --------------
Roy C. Santos, City Attorney
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CITY OF LIVINGSTON
Jose A. Moran, Mayor
of City of Livingston
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Exhibit A to Resolution No.
(Full Text of Ordinance)
A-1
ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF LIVINGSTON, CALIFORNIA,
CHANGING THE TERM OF THE MAYOR TO FOUR YEARS AND PROVIDING TERM LIMITS
FOR COUNCILMEMBERS
WHEREAS, the City of Livingston currently elects its Mayor every two years, with the next election for Mayor on November 5, 2024; and,
WHEREAS, City desires to change the term of the Mayor to four years; and WHEREAS, it is in the best interests of the City that the voters decide on the term of the Mayor.
THE PEOPLE OF THE CITY OF LIVINGSTON DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals Incorporated. The foregoing Recitals are incorporated herein by reference as if set forth in full.
Section 2. Mayoral Term. The Mayor shall serve a term of four years. The first four-year term shall commence with the mayor elected in the November 5, 2024 election.
Section 3. Councilmember Term Limits. No City Councilmember shall serve more than two (2) consecutive four (4) year terms.
Section 4. Severability. If any subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The People of the City of Livingston hereby declare that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable.
Section 5. Effective Date. After its adoption by the voters, this Ordinance shall be in full force and effect ten ( 10) days after the vote is declared by the City Council of the City of Livingston, pursuant to the provisions of Election Code §§ 9217 and 15400 and as provided by law.
PASSED AND APPROVED by the City Council of the City of Livingston, County of Merced, State of California, on ------------~ by the following vote:
AYES:
NOES:
ABSENT:
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01006.0001/449341.3
ATTEST:
City Clerk Mayor