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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: May 23, 2006

Subject/Title: Adopt a Resolution calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 7, 2006, for the election of Mayor and two [2] Councilmembers; approve submission to the voters a question relating to the term of office for the Mayor’s position; adopt a Resolution requesting the Board of Supervisors of the County of Contra Costa to consolidate the election and adopt a Resolution adopting Regulations for candidates statements

Prepared by: Margaret Wimberly, City Clerk

Submitted by: Donna Landeros, City Manager

RECOMMENDATION
1. Adopt a Resolution calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 7, 2006, for the election of Mayor and two [2] Councilmembers as required by the provisions of the laws of the state of California relating to general law cities.

2. Approve submission to the voters a question relating to the term of office for the Mayor’s position; providing for the filing of arguments; and directing the City Attorney to prepare an impartial analysis.

3. Adopt 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, 2006, pursuant to §10403 of the elections code; directing the City Clerk to file a certified copy of the Resolution with the County Board of Supervisors and the County Election Department.

4. Adopt a Resolution adopting Regulations for Candidates for elective office pertaining to candidates statements submitted to the voters at an Election.

PREVIOUS ACTION
At the City Council meeting of February 14, 2006, Mayor Swisher requested information be brought back to Council regarding the steps it would take to place a Measure on the November 7, 2006, ballot to change the term of office from two years to four years.

At the City Council meeting of February 28, 2006, the City Council provided direction to staff related to the placement of a measure on the November 7, 2006, ballot to change the term of office for Mayor to four years.

BACKGROUND
Mayor’s Term:
When the City incorporated in 1948, the office of Mayor rotated among the five Councilmembers. In 1982 a measure was placed on the ballot to make the office of Mayor directly elected, at that time voters were also asked if they would rather have a two year or four year term for the office of Mayor. The City’s first elected Mayor took office in 1984.

In 1986, a Measure was placed on the ballot for an election held on June 3, 1896, the advisory measure asked “Shall the City of Brentwood eliminate the elective office of Mayor and re-establish the procedure of selection of the Mayor by the City Council?” The results of the advisory measure were 690 votes opposed and 159 votes in favor.

In 1992, the City Council placed three advisory measures on the March 2, 1993, ballot related to the position of Mayor, those advisory Measures were “Shall the elective office of Mayor be eliminated, reestablishing the selection of Mayor by the City Council?” Shall the term of office of Mayor be two years?” “Shall the term of office of Mayor be four years?” In 1992, there were 4,390 registered voters in the City of Brentwood and 1,056 ballots were cast at that election. The question to eliminate the elective office of Mayor received 187 votes in favor and 853 votes opposed, the question of a two year term received 675 votes in favor and 345 votes in opposition, the question of a four year term received 331 votes in favor and 687 votes in opposition.

In 2000, the Council placed a measure on the ballot for the elimination of the elected office of Mayor. The measure failed with 7,183 or 87% of the votes cast in opposition. There were 11,137 registered voters in the City of Brentwood in November 2000.

Government Code section 34900 states that in cities presently having elected mayors, the city council may also submit to the electors the question of whether the Mayor shall thereafter serve a two-year or a four-year term. With regard to the four year terms, Government Code section 34901 further states the question printed on the ballot shall be in the following form:

Shall the term of office of mayor be four years?

If the measure were to be adopted, it would not be effective until the November 2008 General Municipal Election.

Consolidated Election
Along with adopting the required resolution associated with the November 7, 2006, General Municipal Election, for the election of a Mayor for a term of two years, and the election of two Councilmembers for a term of four years, staff recommends that the Council adopt a resolution to consolidate the election with the County. Further, staff suggests adopting a resolution related to candidate statements and the payment of candidate statement costs. The estimate provided by the County is $820 per candidate for the printing of the candidate statement.

FISCAL IMPACT
The Contra Costa County Election Department estimates the total cost of the General Municipal Election, including the Measure, will be approximately $2.50 per registered voter, the cost of adding the Measure related to the question of Mayor is an additional $4,500 which is for the cost of printing a Measure booklet. As of February 16, 2006, there were 19,363 registered voters in the City of Brentwood; the estimated cost would be approximately $53,000. The cost for the candidate statements will be reimbursed by the candidates. The cost for the absentee ballots will be submitted to the State of California for reimbursement. An expenditure of $40,000 was included in the 2006/07 Operating Budget that was approved by the City Council on June 14, 2005. A request for a budget adjustment for the additional will be considered by the City Council in June 2006.

Attachments: Resolutions

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, 2006, FOR THE ELECTION OF MAYOR AND TWO [2] COUNCILMEMBERS AS REQURIED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND APPROVING SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE TERM OF OFFICE FOR THE MAYOR’S POSITION; PROVIDING FOR THE FILING OF ARGUMENTS; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS

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 7, 2006, for the elections of Municipal Officers; and

WHEREAS, the term for two Councilmembers and the office of Mayor will expire in November, and

WHEREAS, the City Council also desires to submit to the voters at the election a question relating to extending the term of office for the position of Mayor from two years to four years; and

WHEREAS, California Government Code section 34900 provides that in cities presently having elected mayors, the city council may also submit to the electors the question of whether the Mayor shall thereafter serve a two-year or a four-year term.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does resolve, declare, determine, and order as follows:
1. That pursuant to the requirements of the laws of the State of California there is called and ordered to be held in the City of Brentwood, California, on Tuesday, November 7, 2006, for the election of a Mayor to a two year term, and two Councilmembers to a four year term; and
2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question:
Shall the term of office of mayor be four years? Yes
No
3. In accordance with the Contra Costa County November 7, 2006, Election Calendar primary arguments for or against the above ballot question shall be filed with the City Clerk of the City of Brentwood on or before August 14, 2006.
4. In accordance with the Contra Costa County November 7, 2006, Election Calendar rebuttal arguments for or against the above ballot question shall be filed with the City Clerk of the City of Brentwood on or before August 21, 2006.
5. In accordance with the Contra Costa County November 7, 2006, no later than August 14, 2006, the City Attorney is directed to file an impartial analysis as to the above ballot question.
6. That the ballots to be used at the election shall be in form and content as required by law.
7. That the City Clerk is authorized, instructed and shall be directed to procure and furnish all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election
8. 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 8:00 p.m. of the same day when the polls shall be closed, except as provide in § 14401 of the Elections Code of the State of California.
9. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
10. That 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.
11. 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 the City of Brentwood at a regular meeting held on the 23rd day of May 2006 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 7, 2006, PURSUANT TO §10403 OF THE ELECTIONS CODE; DIRECTING THE CITY CLERK TO FILE A CERTIFIED COPY OF THE RESOLUTION WITH THE COUNTY BOARD OF SUPERVISORS AND THE COUNTY ELECTION DEPARTMENT

WHEREAS, the City Council of the City of Brentwood called a General Municipal Election to be held on November 7, 2006, for the purpose of the election of a Mayor and two Members of the City Council; and

WHEREAS, the City Council has also placed a measure on the ballot; 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:

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, 2006, for the purpose of the election of a Mayor and two Members of the City Council and consideration of a ballot measure.
2. That a Measure is to appear on the ballot as follows:
Shall the term of office of mayor be four
years? Yes
No
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.
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.
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 direct costs incurred by the County associated with this election.
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.
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 the City of Brentwood at a regular meeting held on the 23rd day of May 2006 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.

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.

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

1. 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 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.

2. Pursuant to the Voting Rights Act and State law, the City is required to translate candidates statements into Spanish, the City Clerk shall have all candidates statements translated into Spanish and printed in Spanish in the voters pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidate’s statements in English and Spanish. 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 receipt of the final invoice from the County.

4. Candidates will be required to make a deposit of $820.00 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.
5. That all previous resolutions establishing council policy on payment for candidate’s statements are repealed.

6. That this resolution shall apply at the next ensuing municipal election.

7. That in all particulars not recited in this resolution related to candidate statements shall be handled as provided by law for holding municipal elections.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 23rd day of May 2006 by the following vote:
 

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