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CITY COUNCIL AGENDA ITEM NO. 6

Meeting Date: May 27, 2008

Subject/Title: Adopt a Resolution calling and giving notice of the holding of a general municipal election to be held on Tuesday, November 4, 2008, for the election of Mayor and two [2] Councilmembers for four year terms; adopt a Resolution requesting the Board of Supervisors of the County of Contra Costa to consolidate the election and adopting regulations for candidates statements, and adopt a Resolution adopting Regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election

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 4, 2008, 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. 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 4, 2008, 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.

3. Adopt a Resolution adopting Regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election.

PREVIOUS ACTION
At the General Municipal Election held on Tuesday, November 7, 2006, the voters of the City of Brentwood approved Measure N which changed the term of office for Mayor from a two year term to a four year term.

BACKGROUND
Along with adopting the required resolution associated with the November 4, 2008, General Municipal Election, for the election of a Mayor for a term of four 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 $778 per candidate for the printing of the candidate statements. Staff recommends that the word count for the statements be set at 200 words per statement which is consistent with previous elections.

The nomination period for candidates begins on Monday, July 14, 2008 and ends on Friday, August 8, 2008. In the event that an incumbent does not file for a position the filing period for that position will be extended to Wednesday, August 13, 2008.

FISCAL IMPACT
The Contra Costa County Election Department estimates the total cost of the General Municipal Election will be approximately $1.75 per registered voter. As of May 1, 2008, there were approximately 20,100 registered voters in the City of Brentwood; therefore the estimated cost is approximately $35,175. The County has provided a cost estimate of $778 per candidate for the printing of the statements, an advance deposit of this amount will be required by each candidate wishing to have their candidate statement printed. The expense for the November 2008 election was budgeted for in the existing 2008/09 Operating Budget.

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 4, 2008, 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 DIRECTING THE CITY CLERK TO TAKES CERTAIN ACTIONS AS REQUIRED BY STATE LAW

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 4, 2008, for the elections of Municipal Officers; and

WHEREAS, the term for two Councilmembers and the office of Mayor will expire in November, 2008; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does 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 4, 2008, for the election of a Mayor to a four year term, and two Councilmembers to a four year term.
2. That the ballots to be used at the election shall be in form and content as required by law.
3. 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.
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 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.
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.
6. 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.
7. 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.
8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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 4, 2008, 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 ordered a General Municipal Election to be held on Tuesday, November 4, 2008, for the purpose of the election of a Mayor and two Members of the City Council for terms of four years; 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.

WHEREAS, Elections Code Section 10242 provides that the governing body shall determine the opening and closing of the polls; and

WHEREAS, Elections Code Section 10002 requires the City to reimburse the county in full for the services performed upon presentation of a bill to the City by the County Elections Official; and

WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City;

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

1. The election shall be held on Tuesday, the 4th day of November 2008. The purpose of the election is to choose successors for the following offices, the office of Mayor for a four year term, and two members of the City Council for four year terms.
2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City as provided in Elections Code 10400.
3. The City hereby designates the hours the polls are to be kept open; the hours shall be from 7:00 a.m. to 8:00 p.m.
4. The City will reimburse the County for actual costs incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official.
5 The City Clerk is to publish the Notice of Election in the Contra Costa Times which is a newspaper of general circulation that is published daily in the City.
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.

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; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Brentwood does 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 voter’s 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 of 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 $778.00 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 local, state, and federal law for holding municipal elections.
 
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