8 Adopt Resolution Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Changed From Two (2) Years to Four (4) Years – Revising Previously Approved Measure Language.

Meeting Date: August 05, 2014

Agenda Item #8. Adopt Resolution Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Changed From Two (2) Years to Four (4) Years – Revising Previously Approved Measure Language.

Note from TheGardeningSnail. Part of this page was produced by running a PDF Image File through a program that converts Image to Text. Apologies for any Textual Gremlins that may have crept in. I have also broken up some of the larger paragraphs for easy of reading.

STAFF REPORT

AGENDA ITEM: Adopt Resolution Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Changed From Two (2) Years to Four (4) Years – Revising Previously Approved Measure Language.

MEETING DATE: August 5, 2014

PREPARED BY: Jose M. Sanchez, City Attorney REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt a resolution requesting that the City Council:

Adopt Resolution No. Submitting a Measure to the Voters Asking if the Term of the Mayor Should be Changed From Two (2) Years to Four (4) Years -Revising Previously Approved Measure Language.

BACKGROUND:

The City’s voters approved making the Office of Mayor directly elected with a two (2) year term at the November 2000 general municipal election. Pursuant to Government Code section 34900, the City Council may call an election to determine whether the Mayor shall serve a two (2) year or four (4) year term. The City Council directed Staff to prepare a ballot measure asking the voters if they wished to change the term for the Office of Mayor to four (4) years.

On June 17, 2014, the City Council adopted Resolution No. 2014-32, submitting the following measure to the voters:

"The Mayor of the City of Livingston is currently directly elected and serves a two (2) year term. Shall the term of the Mayor be:

Four (4) years, commencing with the 2014 General Election? [ ] Yes[ ] No

Two (2) years, commencing with the 2014 General Election? [ ] Yes[ ] No"

Since submittal of the measure, Staff has worked with the Merced County Registrar of Voters on the question in an effort to simplify the measure.

DISCUSSION:

Adoption of the attached Resolution would simplify the question asked to the voters by changing it to only one question. It will avoid possible issues of voters voting "yes" or "no" for both questions and issues with how the measure would be presented and translated. The Ballot Measure would read as follows:

"Measure _: Term of Mayor’s Office

Shall the term of the Mayor’s office in the City of Livingston be four (4) years, commencing with the term of the Mayor elected in the 2014 General Municipal Election? (Currently, the elected Mayor serves a term of two (2) years as provided for by the voters in the November 2000 General Election.)"

If the revised language is approved, Staff will re-notice the election in the Merced Sun Star.

ATTACHMENTS:

1. Resolution No. 2014-

RESOLUTION NO. 2014-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON SUBMITTING A MEASURE TO THE VOTERS ASKING IF THE TERM OF THE MAYOR SHOULD BE CHANGED FROM TWO (2) YEARS TO FOUR (4) YEARS – REVISING PREVIOUSLY APPROVED MEASURE LANGUAGE

WHEREAS, prior to November 7, 2000, the Livingston Municipal Code set the term of the Mayor at four (4) years; and

WHEREAS, on November 7, 2000, the voters of the City of Livingston passed a measure changing the Mayor from being appointed to being elected, and also passed a measure at the same election that changed the term of the Mayor from four (4) years to two (2) years; and

WHEREAS, pursuant to Government Code Section 34900, the City Council may call an election to determine whether the Mayor shall serve a two (2) year or four (4) year term; and

WHEREAS, on June 17, 2014, the City Council adopted Resolution No. 2014-32 submitting a measure to the voters asking if the term of the Mayor should be four (4) years or two (2) years. Subsequent to the submittal to the Merced County Registrar of Voters, City Staff and representatives from the Registrar of Voters worked together to modify the question to provide additional clarity to the voters; and

WHEREAS, this Resolution will revise the previous measure submitted to the voters to simply ask whether the term of the Mayor’s office shall increase from two (2) years to four (4) years, to be effective immediately for the elected Mayor; and

WHEREAS, if approved by Council, a General Municipal Election shall be held on November 4, 2014, for the election of Municipal Officers and for local measures.

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 the City Council pursuant to its right and authority, does order the submittal of the following measure to the voters at the November 4, 2014, General Election:

Section 2: Commencing with the November 4, 2014 General Election, the term of the office of the Mayor of the City of Livingston shall be the option included in the measure set forth in Section 1 of this resolution that receives a simple majority of votes at the November 4, 2014 election.

Section 3: That pursuant to Elections Code Section 9280, the City Council hereby directs the City Attorney to prepare an impartial analysis of the measure to be placed before the electorate: The City Attorney shall 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, and file the impartial analysis with the City Clerk by August 8, 2014.

Section 4: That pursuant to Elections Code Section 9282, the City Council authorizes the Mayor to prepare and file a written argument in favor of a four (4) year term for the office of Mayor, not to exceed three hundred (300) words, to be submitted to County of Merced by August 18, 2014. The written argument will be signed by the Mayor on behalf of "The City Council of the City of Livingston." The Mayor is also authorized to select up to four (4) representatives of "bona fide associations of citizens" and/or individual voters to sign the ballot argument in favor of the measure.

Section 5: Rebuttal arguments, not to exceed two hundred fifty (250) words in length, shall be allowed. Rebuttal arguments shall be submitted to the County of Merced by August 28, 2014. Pursuant to Elections Code Section 9285, the City Council authorizes the Mayor to prepare and file a rebuttal argument not to exceed two hundred fifty (250) words in length, to be signed by the Mayor on behalf of "The City Council of the City of Livingston."

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 5th day of August, 2014, by the following vote:

AYES:

NOES:

ABSENT:

Rodrigo Espinoza, 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 5th day of August, 2014.

Betty Cota, Deputy City Clerk of the City of Livingston