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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date:   June 13, 2000

Subject/Title:     Consideration of various resolutions pertaining to the November 7, 2000 Consolidated General Municipal Election. 

Submitted by:     Karen Diaz, City Clerk

Approved by:     Jon Elam, City Manager

RECOMMENDATION           

Approve the following resolutions:

            A resolution calling and giving notice of a General Municipal Elections on Tuesday, November 7, 2000 for electing a Mayor and two members of the City Council, and for the submission of a measure concerning the elective office of mayor; and

A resolution adopting regulations for candidates for elective office pertaining to candidate’s statements submitted to the voters at an election to be held on Tuesday, November 7, 2000; and

A resolution providing for the filing of rebuttal arguments for city measures submitted at municipal elections; and

A resolution setting priorities for filing written argument(s) regarding a city measure and directing the City Attorney to prepare an impartial analysis; and

A resolution requesting the Board of Supervisors of the County of Contra Costa to consolidate a General Municipal Election to be held on November 7, 2000 with the Statewide General Election to be held on the date pursuant to §10403 of the elections code.

 PREVIOUS ACTION

At the City Council meeting of March 28, 2000 the City Council directed the placement of a measure on the November 7, 2000 ballot concerning the elective office of mayor.

BACKGROUND

In order to proceed with preparation for the November election, it is necessary for the City Council to consider the attached resolutions.

The deposit for a candidate’s statement is $250.00, if a Spanish statement is requested the deposit will be doubled.  The length maximum length of the statement will be 200 words unless the Council wishes to increase the numbers of words allow, which would result in an increase in the overall cost of the statement.

Attachments:

Proposed resolutions (5)

RESOLUTION NO._____

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE ELECTION OF MAYOR.

 WHEREAS, under the provisions of the laws relating to general law cities in the State of California General Municipal Election shall be held on November 7, 2000 for the election of Municipal Officers; and

 WHEREAS, the City Council also desires to submit to the voters at the election a question relating to office of elective Mayor.

 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does resolve, declare, determine and order as follows:

SECTION 1.  That pursuant to the requirements of the laws of the State of California relating to General Law Cities there is called and ordered to be held in the City of Brentwood, California, on Tuesday, November 7, 2000, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; two Members of the City Council for the full term of tour years.

SECTION 2.  That the City Council, pursuant to its right an authority, does order submitted to the voters at the General Municipal Election the following question(s):

 

Shall the City of Brentwood eliminate the elective office of Mayor and re-establish the procedure of selection of Mayor by the City Council

 

YES

 

 

 

NO

 

 

 

SECTION 3.  That the ballots to be used at the election shall be in form and content as required by law.

SECTION 4.  That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices and printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 5.  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

SECTION 6.  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 7.  That the notice of the time and place of holding the election is giving and the 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 8.  That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of Resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held 2000 by the following vote:

            AYES:        

NOES:        

ABSENT:   

 RESOLUTION NO._____

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000.

WHEREAS, § 13307 of the Elections Code of the state of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for the municipal election, including costs of the candidates statement;

 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

 SECTION 1.  GENERAL PROVISIONS.  That pursuant §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Brentwood on November 7, 2000 may prepare a candidate’s statement on an appropriate from provided by the City Clerk.  The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself.  The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations.  The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

 SECTION 2.  FOREIGN LANGUAGE POLICY.

a.                   Pursuant to state law, the candidates statement must be translated and printed in Spanish at the candidates request.

b.         The City Clerk shall:

1.       Have translated only those statements into Spanish as requested by the candidate.

2.       Print Spanish translations of candidates who request printing in the voters pamphlet.

 SECTION 3.  PAYMENT.

1.                   The candidate shall be required to pay for the cost of printing the candidates statement in English.

2.                   The candidate shall be required to pay for the cost of translating the candidates statements into any foreign language as specified in (a) above pursuant to the State and/or Federal law.

            3.                   The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language.  The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet.  In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements.  Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost.  In the event of underpayment, the clerk shall require the candidate to pay the balance of the cost incurred.  In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 20 days of the election.

            SECTION 4.  DEPOSIT. 

1.                Candidates will be required to make a deposit of $250.00 which will be submitted to the City Clerk at the time the candidate statement is filed.  The deposit will apply against the cost of producing the candidate statement and voter pamphlet.  The City shall bill the candidate for any balance incurred which must be paid promptly.

2.                Candidates will be required to make a deposit of $250.00 for Spanish translation and printing of statement which will be submitted to the City Clerk at the time the candidate statement is filed.  The deposit will apply against the cost of producing the candidate statement and voter pamphlet.  The City Clerk shall bill the candidate for any balance incurred which must be paid promptly.

            SECTION 5.  ADDITIONAL MATERIALS.  No candidate will be permitted to include additional materials in the sample ballot package.

            SECTION 6.  That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

            SECTION 7.  That all previous resolutions establishing council policy on payment for candidates statements are repealed.

SECTION 8.  That this resolution shall apply only to the election to be held on November 7, 2000 and shall then be repealed.

             SECTION 9.     That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

 PASSED, APPROVED AND ADTOPED by the City Council of City of Brentwood at its regular meeting of June 13, 2000 by the following vote: 

             AYES:            

            NOES:

            ABSENT:

                                                                   

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS.

WHEREAS, §9220 and 9285 of the Elections code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections;

 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

 SECTION 1.  That pursuant to Sections 9220 and  9285 of the Elections Code of the State of California when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk 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 authors may prepare and submit rebuttal arguments not exceeding 250 words.  The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments.  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 2.  That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed.

 SECTION 3.  That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

 PASSED, APPROVED AND ADOPTED ON June 13, 2000 by the following vote;

            AYES:        

NOES:       

ABSENT:  

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

WHEREAS, a General Municipal election is to be held in the City of Brentwood, California on November 7, 2000, at which there will be submitted to the voters the following measure:

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

             SECTION 1.  That the City Council authorizes any and all members of the City council to file written argument(s) In Favor or Against city measures in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the arguments until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.

             SECTION 2.  The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure.  The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.

             SECTION 3.  That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

             PASSED, APPROVED AND ADOPTED ON June 13, 2000 by the following vote;

            AYES:        

NOES:       

ABSENT:  

                                                                                RESOLUTION NO. ______

 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2000, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE.

 WHEREAS, the City Council of the City of Brentwood called a General Municipal Election to be held on November 7, 2000, for the purpose of the election of a Mayor, two Members of the City Council and;

  WHEREAS, the City Council is submitting to the voters the questions relating to the Elective Office of Mayor; and;

  WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the county of Contra Costa canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;

  NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

            SECTION 1.  That pursuant to the requirements of  § 10403 of the Elections Code, the Board of Supervisors of the County of Contra Costa is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 7, 2000, for the purpose of the election of a Mayor and two Members of the City Council.

             SECTION 2.  That a measure is to appear on the ballot as follows:

 

 

 

 

 

Shall the City of Brentwood eliminate the elective

YES

 

office of Mayor and re-establish the procedure of

 

 

selection of Mayor by the City Council

 

 

 

NO

 

 

 

 

 

 SECTION 3.  That the county election department is authorized to canvass the returns of the General 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 4.  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 5.  That the City of Brentwood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

 SECTION 6.  That the 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 Contra Costa.

 SECTION 7.  That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

 PASSED, APPROVED AND ADOPTED ON June 13, 2000 by the following vote;

            AYES:        

NOES:       

ABSENT:                                                                       

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov