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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: June 22, 2004

Subject/Title: Consideration of various resolutions pertaining to the November 2, 2004 Consolidated General Municipal Election.

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

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

RECOMMENDATION
Approve the following resolutions:

1. A Resolution calling and giving notice of a General Municipal Election on Tuesday, November 2, 2004 for electing a Mayor and two members of the City Council; 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 2, 2004; and

3. A Resolution requesting the Board of Supervisors of the County of Contra Costa to consolidate a General Municipal Election to be held on November 2, 2004 pursuant to §10403 of the Elections Code.

PREVIOUS ACTION
None

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 $620.00. The maximum length of the statement will be 200 words unless the Council wishes to increase the number of words allowed, which would result in an increase in the overall cost of the statement.

Attachments:
Proposed resolutions (3)

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 2, 2004, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 2, 2004 for the election of Municipal Officers; and

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 2, 2004, 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 four years.

SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law.

SECTION 3. 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 4. 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 5. 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 6. That the notice of the time and place of holding the election is given 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 22, 2004 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 2, 2004.

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 candidate’s statement; and

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BRENTWOOD 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 2, 2004 may prepare a candidate’s statement on an appropriate form 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 the Voting Rights Act, the City may be required to translate candidates statements into the following languages: Spanish

b. Pursuant to state law, the candidate’s statement must be translated and printed in Spanish.

c. The City Clerk shall:
1. Have all candidates statements translated into the languages specified in (a) above.
2. Print Spanish translations of all candidate statements in the voter’s pamphlet.

SECTION 3. PAYMENT.
1. The candidate shall be required to pay for the cost of printing the candidate’s statements 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 candidate’s statements 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 30 days of the election.

SECTION 4. DEPOSIT.
1. Candidates will be required to make a deposit of $620.00 which will be submitted to the City Clerk at the time the candidate’s statement is filed. The deposit will apply against the cost of producing the candidate’s statement and voter pamphlet. The City 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 candidate’s statements are repealed.

SECTION 8. That this resolution shall apply only to the election to be held on November 2, 2004 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 22, 2004 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 2 2004 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 2, 2004, for the purpose of the election of a Mayor and two Members of the City Council; 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; and

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 2, 2004, for the purpose of the election of a Mayor and two Members of the City Council.

SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 22, 2004 by the following vote:
 

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