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HomeMy WebLinkAbout92-02RESOLUTION NO. 92-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING SPECIAL ELECTION, CONSOLTDATING SPECIAL MUNICIPAL WITH STATEWIDE GENERAL ELEC- TION, APPROVING AGREEMENT TO PROVIDE ELECTION SERVICES, PRESENTING BALLOT MEASURES TO MAKE CITY CLERK AND CITY TREASURER POSITIONS APPOINT- IVE RATHER THAN ELECTIVE, TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS, AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES. WHEREAS, 1. The City Council of the City of Ukiah has deter- mined pursuant to Elections Code section 2560 to call a special election for November 5, 1991, to consolidate the municipal elec- tion with the statewide general election and to contract with the County of Mendocino to conduct the election on the City's behalf; and 2. The City Council has determined to present two propositions at the special election to make the City Clerk and City Treasurer positions appointive rather than elective; NOW, THEREFORE, BE IT RESOLVED that: 1. A special municipal election in the City of Ukiah is called for November 5, 1991. 2. The special election is consolidated with the statewide general election for 1991. 3. The Mayor is authorized to sign on behalf of the City the Agreement Between the City of Ukiah and Mendocino County for Election Services, a true and correct unsigned copy of which is attached hereto as Exhibit A and incorporated herein by reference. 4. The following two ballot propositions shall be presented to the voters at the special election: MEASURE A Shall the office of City Clerk be appointive? /_/ Yes /_/ No MEASURE B Shall the office of City Treasurer be appointive? /_/ Yes /_/ No 5. The City Clerk shall transmit a copy of the ballot measures set forth in paragraph 4 to the City Attorney for the preparation of an impartial analysis as required by Elections Code section 5011. 6. The City Council shall file a ballot argument in favor of the ballot measures set forth in paragraph 4 as contained in Exhibit B which is attached hereto and incorporated herein by reference. If any argument is submitted in opposition to the measures, the Mayor is hereby authorized to file a rebuttal argu- ment on behalf of the City Council as authorized by Elections Code section 5014.5. PASSED AND ADOPTED on this 17 day of July, 1991, by the following roll call vote: AYES: Councilmembers McMichael, Wattenbur§er, Shoemaker, Schneiter and Mayor Henderson NOES: None ABSENT:None l~or Colleen B. Henderson EXHIBIT A AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, a special municipal election has been set for November 5, 1991, the same day as the statewide general election and the City Council of the City of Ukiah desires that the County Clerk shall conduct the Election of November 5, 1991, for any bal- lot measures submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. 1. The County Clerk shall provide the following services in connection with conducting the November 5, 1991 special municipal election on the City's behalf; a. Establish precinct boundaries to coincide with Statewide Election. b. Designate polling places and appoint election officers. c. Notify election officers of their appointment and instruct inspections concerning their duties. d. Appoint and pay election officers. e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up of voting booths. f. Publish lists of precincts, election officers, polling places and hours polls will be open. g. Provide sample ballots to each voter. h. Receive absent voter applications; supply absent voter ballots to plicants; accept absent voter ballot returns; retain custody of absent voter ballots; count sent voter ballots. i. Provide Certificate of County Clerk of Result of the Canvass, for ap- proval by the City Council. 2. The City Clerk shall be responsible for: a. Perform the functions of the City Clerk relative to arguments concern- ing City measures as set forth in Article 4, Chapter 3, Division 5 (commencing with Section 5012) of the Elections Code, including filing and accepting notices required. b. Publication of the Notice of Election. 3. In consideration of the services rendered by the County Clerk and described herein the City of Ukiah agrees to pay the actual and reasonable costs fairly attributable to the City's municipal election as billed by the County Clerk. 4. Payment for services due under this agreement shall be made after billing is submitted by the County of Mendocino. Dated: July 18, 1991 CITY OF UKIAH, CALIFORNIA BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA "x~Mayor Chairman of the Board ATTEST: By: Clerk of the Board IMPARTIAL ANALYSIS OF CITY OF UKI~H BALLOT NEASURE A, I~KING CITY CLERK POSITION APPOINTIVE I~THER THai ELECTIVE Ballot Measure A asks whether the city clerk position should be appointed by the City Council rather than elected at a general municipal election. By statute the offices of city councilmember, city clerk and city treasurer are elected by the voters at a general municipal election. The offices of city clerk and city treasurer can be- come appointive, if a majority of the voters voting at a general or special election approve a city council sponsored ballot measure to make the offices appointive. If this measure is approved by the voters, the city clerk and city treasurer will be appointed by the City Council and vacancies will be filled by the City Council. The City Council may by ordinance delegate to the city manager the authority to appoint such officers. Currently, no ordinance of the City of Ukiah delegates this authority to the city manager. Unlike the elected positions, an appointed city clerk or city treasurer need not reside in the City. The ability to appoint the city clerk or city treasurer begins at the end of the terms of the current city clerk and city treasurer. IMPARTIAL ANALYSIS OF CITY OF UKIAH BALLOT MEASURE B, MAKING CITY TREASURER POSITION &PPOINTIVE RATHER THAN ELECTIVE Ballot Measure B asks whether the city treasurer position should be appointed by the City Council rather than elected at a general municipal election. By statute the offices of city councilmember, city clerk and city treasurer are elected by the voters at a general municipal election. The offices of city clerk and city treasurer can be- come appointive, if a majority of the voters voting at a general or special election approve a city council sponsored ballot measure to make the offices appointive. If this measure is approved by the voters, the city clerk and city treasurer will be appointed by the City Council and vacancies will be filled by the City Council. The City Council may by ordinance delegate to the city manager the authority to appoint such officers. Currently, no ordinance of the City of Ukiah delegates this authority to the city manager. Unlike the elected positions, an appointed city clerk or city treasurer need not reside in the City. The ability to appoint the city clerk or city treasurer begins at the end of the terms of the current city clerk and city treasurer.