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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: July 26, 2005

Subject/Title: Receive and certify the results from the Contra Costa County Registration-Election Department and consider a Resolution regarding the City of Brentwood Voter Approved Urban Limit Line Measure.

Prepared by: Cynthia Garcia, Interim City Clerk

Submitted by: Donna Landeros, City Manager

RECOMMENDATION
Certify the results received from the Contra Costa County Registration-Election Department and adopt a Resolution calling and giving notice of the holding of a Special Municipal Election to be held November 8, 2005 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 City of Brentwood Voter Approved Urban Limit Line; setting priorities for filing written arguments regarding a City measure; directing the City Attorney to prepare an impartial analysis and directing the City Attorney and City Clerk to prepare the necessary documents to place the measure on the ballot; and request the Board of Supervisors of the County of Contra Costa to consolidate a Special Municipal Election to be held on November 8, 2005 with the Statewide Special Election to be held on the date pursuant to §10403 of the Elections Code.

PREVIOUS ACTION
None.

BACKGROUND
On June 1, 2005, Lindsey Anne Houd, proponent of an initiative measure entitled the “City of Brentwood Voter Approved Urban Limit Line Act” submitted a notice of intention and written text of the measure and requested that a title and summary be prepared for the measure in order to circulate the petition. The City Attorney prepared and provided an official ballot title and summary for the proposed measure for use by the proponent for publication and subsequently, circulation of the petition.

The initiative petition regarding the City of Brentwood Voter Approved Urban Limit Line was filed with the elections official by the proponent, Lindsey Anne Houd, on June 29, 2005 and was submitted to the County of Contra Costa on June 30, 2005 for signature verification. In order to qualify to be placed on the ballot, the proponent was required to obtain signatures in an amount not less than 15% of the number of registered voters in the City. The certified result of the signature verification is attached to the Resolution as Exhibit “A”.

In accordance with § 9214 of the Elections Code, if the initiative petition is signed by not less than 15 percent of the voters of the City according to the last report of the registration by the county elections official to the Secretary of State and contains a request that the proposed measure be submitted to the vote of the people at a special election, the legislative body may immediately order a special election to be held pursuant to subdivision (a) of Section 1405, at which the city measure shall be submitted to a vote of the voters of the city. The legislative body may also order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented.

Under the provisions of the laws of the State of California, relating to general law cities, the City Council may call and order a special municipal election at least 88 days prior to the election. Pursuant to its right and authority, City Council may order submitted to the voters at the special municipal election the following question:

Shall the voters approve the City of Brentwood Voter Approved Urban Limit Line measure, which would amend the City of Brentwood’s General Plan by creating an Urban Limit Line to guide future growth and development in a manner consistent with the General Plan and should qualify the City of Brentwood to receive Measure J’s “return to source” funds from the Contra Costa Transportation Authority for improvements to local streets and roads?

YES

NO

FISCAL IMPACT
Should the City Council decide to call and give notice of the holding of a special municipal election to be held November 8, 2005, the City Clerk has received an estimate of $3.25 per voter from the Contra Costa County Elections Department. Based on this rate, it would cost the City approximately $60,860 to hold the special election.

Attachments:
Proposed Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CERTIFYING THE RESULTS RECEIVED FROM THE CONTRA COSTA COUNTY REGISTRATION-ELECTION DEPARTMENT AND CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8, 2005 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 CITY OF BRENTWOOD VOTER APPROVED URBAN LIMIT LINE MEASURE; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND DIRECTING THE CITY ATTORNEY AND CITY CLERK TO PREPARE THE NECESSARY DOCUMENTS TO PLACE THE MEASURE ON THE BALLOT; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD WITH THE STATEWIDE SPECIAL ELECTION ON NOVEMBER 8, 2005 PURSUANT TO §10403 OF THE ELECTIONS CODE

WHEREAS, On June 1, 2005, Lindsey Anne Houd, proponent of an initiative measure entitled the “City of Brentwood Voter Approved Urban Limit Line Act” submitted a notice of intention and written text of the measure and requested that a title and summary be prepared for the measure in order to circulate the petition; and

WHEREAS, the City Attorney prepared and provided an official ballot title and summary for the proposed measure for use by the proponent for publication and subsequently, circulation of the petition; and

WHEREAS, the initiative petition regarding the City of Brentwood Voter Approved Urban Limit Line measure was filed with the elections official by the proponent, Lindsey Anne Houd, on June 29, 2005 and was submitted to the County of Contra Costa on June 30, 2005 for signature verification; and

WHEREAS, in order to qualify to be placed on the ballot, the proponent was required to obtain signatures in the amount of 15% of the number of registered voters in the City; and

WHEREAS, the certified result of the signature verification is attached to the Resolution as Exhibit “A”; and

WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Special 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 County of Contra Costa canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election;

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 requirement 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 8, 2005, a Special Municipal Election and that the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question:

Shall the voters approve the City of Brentwood Voter Approved Urban Limit Line measure, which would amend the City of Brentwood’s General Plan by creating an Urban Limit Line to guide future growth and development in a manner consistent with the General Plan and should qualify the City of Brentwood to receive Measure J’s “return to source” funds from the Contra Costa Transportation Authority for improvements to local streets and roads?

YES

NO

SECTION 2. That the proponent of the initiative may file a written argument In Favor of the measure, and the City Council, if it so chooses, may authorize any and all members of the City Council to file a written argument Against the measure and any individual voter who is eligible to vote on the measure or bona fide association of citizens or combination of voters and associations may also submit a written argument for or against the measure. Such argument, whether In Favor or Against, shall not exceed 300 words and be accompanied by the printed names(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. After August 2, 2005, the date fixed by the City Clerk, no arguments In Favor or Against the measure may be submitted to the City Clerk. Rebuttal arguments may be submitted to the City Clerk by August 9, 2005 and shall not exceed 250 words.

SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, and the City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure. The analysis shall be printed preceding the arguments In Favor and Against the measure. The analysis shall not exceed 500 words in length. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.

SECTION 4. 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 Special Municipal election with the Statewide Special Election on Tuesday, November 8, 2005.

SECTION 5. That the County Election Department is authorized to canvass the returns of the Special 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 6. 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 7. That the City of Brentwood recognizes that the additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 8. 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 9. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 10. 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 11. 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 12. 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 13. 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 14. 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 July 26, 2005 by the following vote:

Attachment:
Exhibit A – Certification of petition signature verification
 

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