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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: June 28, 2002

Subject/Title: Consideration of various resolutions pertaining to the November 5, 2002 Consolidated General Municipal Election.

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve the following resolutions:

1. A resolution calling and giving notice of a General Municipal Elections on Tuesday, November 5, 2002 for electing a Mayor and two members of the City Council, and for the submission of a measure concerning business license fees; and

2. 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 5, 2002; and

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

4. A resolution requesting the Board of Supervisors of the County of Contra Costa to consolidate a General Municipal Election to be held on November 5, 2002 with the Statewide General Election to be held on the date pursuant to §10403 of the elections code.

PREVIOUS ACTION
The City Council at their meeting of May 28, 2002 directed the placement of a measure on the November 5, 2002 ballot concerning business license taxes and regulations.

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.

Pursuant to the Elections Code the City Clerk has established the date of August 2, 2002 at 4:00 p.m. as the deadline for the submittal of arguments pertaining to the measure.

Attachments:
Proposed resolutions (4)

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 5, 2002, 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 BUSINESS LICENSE FEES.

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 5, 2002 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 business license fees.

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 5, 2002, 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 amend the Business License Tax and Regulations, as set forth in Ordinance No. 707?
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 June 28, 2002 by the following vote:

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 5, 2002.

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 5, 2002 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 City 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 City 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 5, 2002 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 28, 2002 by the following vote:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS 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 5, 2002, at which there will be submitted to the voters the following measure:

Shall the City of Brentwood amend the Business License Tax and Regulations, as set forth in Ordinance No. 707?

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA, 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 a written argument In Favor or Against a City measure, 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 its principal officers, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument 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. That the City Council directs the City Clerk to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the City Attorney are affected. 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. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. 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 by the City Council of City of Brentwood at its regular meeting of June 28, 2002 by the following vote:

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 5, 2002, 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 5, 2002, 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 Business License Tax and Regulations; 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 5, 2002, 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 amend the Business License Tax and Regulations, as set forth in Ordinance No. 707?
YES

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 by the City Council of City of Brentwood at its regular meeting of June 28, 2002 by the following vote:

City Administration
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