HomeMy WebLinkAboutMINUTES - 02141995 - 1.72 � . - �
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _February 14, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, and Bishop
NOES:
ABSENT:
ABSTAIN:
SUBJECT: Special Municipal lection
IT IS BY THE BOARD ORDERED that the County Clerk is
AUTHORIZED to conduct a Special Municipal Election to be held on
June 6, 1995, on behalf of the City of Brentwood.
I hereby certify that this is a trueand correct copyof
an action taken and entered on the minutes of the
Board of Supervi rs on the date shown.
ATTESTED: fi IN 1129 M-1
PHIL BATCHELOR, C k of We Board
of Supervisors and County Administrator
R„ U�'� ,_ ,Deputy
cc: City of Brentwood
708 Third Street
Brentwood, CA 94513
County Clerk-Recorder
Elections
County Administrator
Auditor-Controller
1.-7�
EU ]CITY OF
February 3, 1995
Board of Supervisors
c/o Clerk of the Board
Contra Costa County
651 Pine Street
Martinez, California 94553
Pursuant to City Council's passage of Resolution No. 95-20, we ask that the Board direct
the County Clerk to assist in the conduct of the Special Municipal Election to be held on
June 6, 1995, and conduct the official canvass of ballots as set forth in said Resolution.
A copy of Resolution No. 95-20 is enclosed for your review and perusal in this matter.
By a copy of this letter, a copy of Resolution No. 95-20 is being forwarded to the County
Clerk of Contra Costa County for filing. Also attached for the Contra Costa County
Clerk's information and records is a copy of Resolution No. 95-19 for specific reference
to Item 6 relating to provision for Spanish interpreting services through the County
Clerk/Recorder's Office.
Thank you for your assistance.
Sincerely,
Linda J. KRer
Deputy City Clerk
ljk
Enclosure
cc: Contra Costa County Clerk
City Hall - 708 Third Street, Brentwood,California 94513
Administration Offices - (510)634-6900 • Planning - (510)634-6905
Public Works - (510)634-6920 Building - (510)634-6906 • Fax - (510)634-6930
Police Department - 500 Chestnut Street, Brentwood, CA 94513 • (510)634-6911 • Fax - (510)634-6919
' RESOLUTION NO. 95-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
REQUESTING APPROVAL BY THE COUNTY BOARD OF SUPERVISORS TO PERMIT
THE COUNTY CLERK'S OFFICE TO ASSIST IN THE CONDUCT OF THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 6, 1995, AND REQUESTING
THE COUNTY CLERK OF CONTRA COSTA COUNTY TO CONDUCT THE OFFICIAL
CANVASS OF BALLOTS.
WHEREAS, the City of Brentwood.will hold a Special Election on Tuesday, June 6,
1995, to fill a vacancy on the Brentwood City Council;
NOW, THEREFORE, the City Council of the City of Brentwood does hereby resolve,
declare, determine and order as follows:
1. The City requests that the Board of Supervisors of Contra Costa County request
the County Clerk to assist in the conduct of said election.
2. The City requests that the Board of Supervisors of Contra Costa County request
the County Clerk to conduct the official canvass of ballots at the County Election
Center located at 524 Main Street, Martinez, California.
3. The City requests that the'Board of Supervisors take such actions on or before
March 10, 1995.
4. The Deputy City Clerk is hereby authorized and directed to certify the adoption
of this resolution and to transmit a copy hereof so certified to the Board of
Supervisors of the County and to file a copy hereof so certified with the County
Clerk of Contra Costa County.
5. This resolution shall become effective immediately upon its passage and adoption
on Tuesday, January 24, 1995.
PASSED AND ADOPTED by the City Council of Brentwood at its adjourned regular
meeting held on Tuesday, January 24, 1995, by the following vote:
AYES: Councilmembers Guise, Kidd, Sherman and Mayor Hill
NOES: None
ABSENT:None
APPROVFD:
WILLIAM HILL, Mayor
Attest:
Linda Keefer, Deputy ify Clerk
s STAFF REPORT - CONSENT CALENDAR {�
TO BE CONSIDERED AT THE CITY COUNCIL MEETING
ON JANUARY 24, 1995
FROM: LINDA KEEFER, Deputy City Clerk
SUBJECT: SPECIAL MUNICIPAL ELECTION - JUNE 6, 1995
RECONEMNDATION: Staff respectfully recommends passage of Resolution No. 95-
19 adopting a policy regarding Candidate's Statement of
Qualifications for the Special Municipal Election to be held on
June 6, 1995. Staff also recommends passage of Resolution
No. 95-20 requesting approval by the County Board of
Supervisors to permit the County Clerk's Office to assist in
the conduct of the June 6, 1995 election and requesting the
County Clerk of Contra Costa County to conduct the official
canvass of ballots.
BACKGROUND:
At its regular meeting on January 10, 1995, City Council passed Resolution No. 95-9
calling for a Special Municipal Election to be held Tuesday, June 6, 1995, to fill the
vacancy created by the resignation of former Councilmember Karene Gottfried on
December 13, 1994. This Special Election is to be consolidated with the general election
to be held on June 6, 1995. To facilitate the election process, the City is to request
approval by the County Board of Supervisors to permit the assistance of the County
Clerk's Office in the conduct of this Special Municipal Election with said assistance to
include the official canvass of ballots.
FISCAL IMPACT:
The cost of this Special Municipal Election is estimated at $8,500 to $9,000 by the office
of the County Recorder.
Attachments:
Resolution No. 95-19
Resolution No. 95-20
RESOLUTION NO. 95-19
A RESOLUTION OF THE CITY COUNCIL OF BRENTWOOD ADOPTING A
POLICY REGARDING CANDIDATE'S STATEMENT OF QUALIFICATIONS
BE IT RESOLVED by the City Council of the City of Brentwood that the policy
regarding candidate statements for the Special Municipal Election to be held on Tuesday,
June 6, 1995, shall be as outlined below, and that the candidate statements shall be distributed
in a voter information pamphlet:
1. Candidate statement shall not exceed 200 words and shall comply with Elections Code
Section 13307 (new Code - January, 1995); former Code, Section 10012, a copy of
which is attached as Exhibit A.
2. The format and structure of the candidate statement may be composed by the candidate
but must comply with the 200 word maximum limit, fit within the allotted space on the
voter information pamphlet page, and shall meet the size specifications of the Elections
Division of the County Clerk/Recorder Department.
3. Candidates will be charged a pro-rata share of the cost of producing and distributing the
voter pamphlets.
4. Candidate statements must be filed with the Deputy City Clerk by 5:00 p.m. on
March 10, 1995.
5. Candidates will be required to make a deposit of$200.00 which will be submitted to the
Deputy 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.
6. Candidates may, but are not required, to request a Spanish translation of their candidate's
statements. Cost for Spanish translation of statement will be at candidate's expense
($30.00 for translation from English to Spanish) with translation to be performed by an
official interpreter in Oakland provided through the County Clerk/Recorder's Office. An
additional deposit of $200.00 will be required for printing of the candidate's statement
,in Spanish.
PASSED AND ADOPTED by the City Council of the City of Brentwood at its adjourned
regular meeting on Tuesday, January 24, 1995.
AYES: Councilmembers Guise , Kidd, Sherman and Mayor Hill
NOES: None
ABSENT: None
APPROVE
��,' 2
s WILLIAM HILL, Mayor
Attest:
Linda Keefer,�Dep. City clerk
R • �• ! T
r
5k~i '�n rj-js'4Z" t
1�1y •i' �rti's xv ,--j .
,-f '. •t - rt is r,.ir;.�- yds` ti ate;.
o
,1
PREPARATION AND DISTRIBUTION § 10012 ?,
10012, sample ballots and candidates' statements, need not be mailed
to voters who registered after the 54th day before an election, but all -
such voters shall receive polling place notices and state ballot pam-
phlets. Each such voter shall receive a notice in bold print that states:
Because you are a late registrant, you are not receiving a sample ;,: .
ballot or candidates' statements."
Added Stats 1972 ch 1356 §7 as § 10012.4; Amended and renumbered Stats 1975 ch 1158 :''>r
§ 18; Amended Stats 1976 ch 429 §4, effective holy 10, 1976.
Amendments: 'r ,E t•'(
1975 Amendment: (1)Amended the first sentence b (a) substituting '10007, 10008,
10010, and 10012" for "10009, 10010, 10012 and 10012.5"; (b) adding -candi-
dates"; c deleting "ofqualifications" after "statements"; and (d) substitutingi t°'• `,
"30th" for "54th"; and (2) deleting "of qualifications" at the end of the second
sentence.
1976 Amendment:Substituted "54th" for "30th".
• jib ;,
Former Section: Former § 10011 was enacted Stats 1961 ch 23 and renumbered § 10009 by t fi
Stats 1975 ch 1158 § 16. j
-v
§ 10012. Candidate's statement
Each candidate for nonpartisan elective office in any local agency,
including any city, county, city and county or district, may prepare a 1 $ {
candidate's statement on an appropriate form provided by the clerk.
' ' :
u
Such statement may include the name, age and occupation of the ;�� K..
candidate and a brief description of no more than 200 words, of the
candidate's education and qualifications expressed by the candidate L � her
himself provided, however, that the governing body of such local
agency may authorize an increase in the limitations on words for such
statement from 200 to 400 words. Such statement shall not include
the party affiliation of the candidate, nor membership or activity in r
artisan
p political organizations. Such statement shall be filed in the 1$ � r
office of the clerk when his nomination papers are returned for filing,
if it is for a primary election, or for an election for offices for which
there is no primary. Such statement shall be filed in the office of the t '
clerk no later than the 60th day before the election if it is for an ;
election for which nomination papers are not required to be filed. It # t ; }
may be withdrawn, but not changed, during the period for filing
nomination papers and until 5 p.m. of the next working day after thei=,
close of the nomination period. — :' -4, r
The clerk shall send to each voter together with the.sample ballot, a
voter's pamphlet which contains the written statements of each • .,
candidate that is prepared pursuant to this section. The statement of { `'
each candidate shall be printed in type of uniform size and darkness,
and with.uniform spacing. The clerk shall provide a Spanish transla-
tion to those candidates who wish to have one, and shall select a ±# �
person to provide such translation from the list of approved Spanish {;li
131
t
§ 10012 BALLOTS
language translators and interpreters of the superior court of the
county or from an institution accredited by the Western.Association
of Schools and Colleges.
The local agency may bill each candidate availing himself of these
services a sum not greater than the actual prorated costs of printing,
handling, and translating the candidate's statement, if any, incurred
by the agency as a result of providing this service. Only those charges
may be levied with respect to the candidate's statement and each
candidate using these services shall be charged the same.
The clerk shall reject any statement, which contains any obscene,
vulgar, profane, scandalous, libelous or defamatory matter, or any
language which in any way incites, counsels, promotes or advocates
hatred, abuse, violence or hostility toward, or which tends to cast
ridicule or shame upon any person or group of persons by reason of
sex, race, color, religion or manner of worship, or any language or
matter the circulation of which through the mails is prohibited by
Congress.
Nothing in this section shall be deemed to make any such statement
or the authors thereof free or exempt from any civil or criminal
action or penalty because of any false, slanderous or libelous. state-
ments offered for printing or contained in the voter's pamphlet.
The governing.body .of the local agency may adopt regulations to
permit each candidate for elective office to prepare separately other
. t
materials to be sent to each voter in addition to the sample ballot and
the voter's pamphlet. Such regulations may pertain to size, weight,
form, physical composition, and content of such other materials and
may specify that the cost of handling, packaging and mailing may be.
borne by the local agency authorizing the same or may be billed-iii
whole or in part to the candidate submitting the materials. Such
regulations shall apply equally to all candidates, including incum-
bents. Before the nominating period opens, the local agency for that
election shall determine whether a charge shall be levied against that
' candidate for the candidate's statement or other materials sent to each '
voter. Such decision shall not be revoked or modified after the seventh
l day prior to the opening of the nominating period. A written state-
ment of the regulations with respect to charges for handling, packag-
ing, and mailing shall be provided to each candidate or his representa-
tive at_the time he picks up his nomination papers.
Added Stats 1965 ch 1810 § 1 as § 10012.5; Amended Stats 1967 ch 395 § 1; Stats 1968 ch 44
r § 1, ch 1176 § 1, effective August 9, 1968; Stats 1969 ch 170 § 1; Stats 1970 ch 615 §22, i
effective August 6, 1970; Stats 1971 ch 75 § 1, ch 1298 § 1; Stats 1974 ch 1105 § l; Amended
and renumbered Stats 1975 ch 1158 § 19. j
Amendments:
1967 Amendment: Substituted "in the office of the clerk when his nomination papers
14
t
r •t 'r _
,!1 I
PREPARATION AND DISTRIBUTION § 10012
are returned for filing and may be withdrawn, but not changed, during the period i i
for filing nomination papers and for three calendar days after the close of the !{
nomination period" for "at the time nominating papers are filed" after "to be f'f
filed" in the first paragraph.
1968 Amendment: Amended the first paragraph by (1) adding ", if it is fora ! 1
primary election, or not later than the forty-fifth day before election, if it is for a
general election." after "filing"; (2) substituting"It" for "and" before "may";and
(3) substituting "until 5 p.m. of the next working day" for "for three calendar 3
days" after "papers and". . '
1969 Amendment: Added the last sentence in the second paragraph. j !
1970 Amendment: Substituted "59th" for "45th" before "day" in the first para-
graph.
ara graph• 5s,
1971 Amendment: Amended the first paragraph by (a) substituting "and" for a
comma before "occupation"; (b) deleting "and education" after "occupation"; (c) '..`
substituting "200" for "150" before "words"; (d) adding "education and" before
"qualifications"; (e) adding "for an election for offices for which there is no j
primary. Such statement shall be filed in the office of the clerk"; (f) substituting
"an" for "a general" before "election"; and (g) adding "for which nomination
papers are not required to be filed"; (2) added the last sentence in the second j }
paragraph; and (3) amended the third paragraph by (a) substituting "these
services" for "this service"after "himself of"; (b) substituting a comma for "and" i ft3 r"
after "printing"; (c) adding and translating, if any" after "handling"; (d) E�`
substituting "those" for "these" before "charges"; and (e) substituting "these
services" for "this service"before"a sum". t`
1974 Amendment: (t) Amended the first paragraph by adding (a) "including any"
before "city, county" in the first sentence; and (b) `; provided, however, that the
governing body of such local agency may authorize an increase in the limitations t
on words for such statement from 200 to 400 words" in the second sentence; (2) j{yy1
amended the third paragraph by (a) substituting "the candidate's statement if
any," for ", if any" after "translating" in the first sentence, and (b) adding "with
respect to the candidates statement" after "levied" in the second sentence; and t ")
(3) added the last paragraph. .
1975 Amendment: (1) Amended the first paragraph by (a) adding "nonpartisan"; (b)
adding "candidate's"; (c) deleting "of qualifications" after "statement" in the first
sentence; and (d) substituting "60th" for "59th" in the fifth sentence,- (2)
substituted "candidate" for"candidate's qualifications" in the first sentence of the
second paragraph; (3) added "sex," before "race" in the fourth paragraph; and
(4) added the fourth, fifth, and sixth sentences in the last paragraph,
Former Section: Former § 10012 was enacted 1961 ch 23, amended by Stats 1963 ch 671 § 1,
Stats 1967 ch 509 §2, and amended and renumbered § 10010 by Stats 1975 ch 1158 § 17.
2
1 .
Collateral References: r
28 Cal Jur 3d Elections § 131. :r.
26 Am Jur 2d Elections §205.
Attorney General's Opinions:
46 Ops Atty Gen 115 (application of this section with respect to particular matters).
48 Ops Atty Gen 102 (inclusion in sample ballot envelopes statements of qualifica-
tions of county non-partisan candidates; use of same statement for general 1
election; prohibition against candidate submitting statement for general election
where he did not do so for Prim Y; application of this section to Person using fi t
independent nomination procedure; use of procedures of this section by candidate
for director of hospital district). -� t
51 Ops Atty Gen 226 (write-in candidate's right to file statement of qualifications
and have it distributed to voters by county clerk). ( `
Af 1 '
7` `�� F �2• t-:�Iv
i(
1
15lj
'1
]Y
r r?fw't r"�'S�bftw�* sr.t2`e' r A ai y+t t 1 Sc t
4iu Ss3 9 x*Jr a���`t 1."i!x"F=�S..yY%i:'J h��t:•Y:, �t 1 h�`..�. 1 5 s / ,( .kr' ff,t'a.�`ti{d b�i..h f s�T't� P`I�l:!Y. `p�`,pP#},.���7S+,i�1 s�.�'�°'.hxy.�6 yt ,k �'7,y
.J: k Y 5- A A 1� - i� � ,%s''L t7eei�,?' t�t"' •ta+ o�t� 'E h �rs2. -t., �' .F tatx t2T, ����'�' ''r,fi
� ��� kF��':"`., ;da;.t,{.,.3 !kry:.�:, t J:'. } r l„� \} j �td F �i,.l � f ".t. .r•S S A'`1�`k`'� ,�y +Iro r x t^ ash-d"I' 'y sa E�rtr, r
y��j� . ... a .. ....,: 4....:;•: ... >!�' t..{_. S`. .*a'i -,e t 3 .' ra+,�t t t *`,, :t��i.. ,t .;. � .•hs s �L +. r!�f'. fi �^,�y
'7;.a ,•j"<�.� �r�.. .S.'x T rr, ln..le Oi ..int Y'CS'%y'�n�41. �A.a eT'S/,x'..
y x
#+ � r^' `
r��ya�r�� � ��� Ci`y�'�'� • 11 •
(..7}3..Ste G'�'� �•t`tEy,�{^R` r'Sx • f 1 •
qn��r��i��l��C' 'k�•�y/��,`Sir �; • • •- • •. • •• � + •
r''4.
Rei" .,�.rFs�7�--����2�q ix �.+ F ,ys. • • • • • • • . • •
t��yrtk"f•t +'"3yj�£k. xri� ' • • •
�'➢k z:�} }} �ir.� it ti5;�
�k'.�+ � rte:S q • . .. . •
ij! t'r,..�ir'`�la y„3f.q'�54,,,r�YS+2"r�E w'�, • • • . _ •
t:b�y''7' .ilt`'i t2 rA'�.is3 C4•sr4.•No
•.
w
7;,R to:. Rh��?�'�� 1-}*�'•
1 +. y,iCtFa.fps}t bt'd' r�f t�' •
? L✓ �,,ytj-�+sf,y'rltp,,yy4r f.,t�e • . • i i • • • • •• • • • •
5x1:`.11
DIMPAINTM
',,{ hFri,+Y�ifF�3'� 't't,5cr`_ •• • 1 •
cora %
��'a,^'Ry�"t�:�y�`fii p�*'br r��„trSi�rAr7 • � • •
} �� �; }fit '�t��? +��,. s �i •
—NZ���r1j>�t•f�W
Ski:,Jr at A' f i 3 h f 2r�(• °6•�
�k�e�ts �„���'3 a~�+.s{4,,$=.J{�Vim. { { • • ��
d� l��u",S-y#t >ks.Ns?��`v fir• • •
N �'fl a�'N�jF,,;•tr �x�'e at S 1
F i*'�N4�'°'e't ,,?a;S�c sf?fir,�L u7?��,,�y..� � { •. • • • •. • {
d�E Z�'�;y y,���}�C•9�dFt.} a"�*s`I'ti'a K '��y, • • . i {. '
d� ���rrlS �br'k" s`r. }v?u,{Y,�+rr k, t •. • { • {• { •• {
IP?'54,4�"tt1�
t`r
r,4"� c�,}`1� Kae�9,Ffy��'��3'!''a���f�uttt�N•r��2 •• • • • ••
�;� .� ,�^?,. } 'yrs •
uttt;. . is ; yy tss° •
}e' �p'�1 :++��.�.A,{���''•';`j�i f'+:,'�rrww�F}ggGG'�t�: %i''
y Tx��<.i'2 a4 s ?J�sr..., rs��r YE tjK�3 5�a "� r z-.?.t'r¢ vLS u- fl t.: a th..E ;rt 3 ifta sir 41 i�i+,lWv'4 ro. ��.d""eLF�t��Y+:rt Y333'u eZJ.�I�`&.3t�A� ♦rF3M.. ,�'��.V.' _
•y�r'. "i,f'r'X �'d4x b -:''� ,;y.�r... < f.FSYY t �,n s'� -> �. � r t.ri{ "r¢��A;*'r. 3a, x �t•K'.�:�535� �3•+bt`•...�,•' ��`rDti.fs r r�s�r• .v
"}n r-.� 1A tM1t. i 9 t!b4,lf '�h'S, t rt 7'S;€,'3i:,.�� 1t}:.��r i r s�' it fsrC,R`r ily� £3• ��.. lja �_,^.;.q� - 4 r.�5 7� �� 'fe� ��t"h_
+-.kK.. $ t`..( + e�,�� � r.�f._ Fx T`� s s ✓? Y aS'�:'S r "F.t� .r ,fir t I;.� y. -:hrr'dt3.:t�: 7':sz�'����r��.;:, �y s&^'k ': ?itr�� +��
y,N.�.�..... �`^r )'�:4! `� -.f"2�.. ..� ..r`�i. E '.4:4fC ,Rt'�7.�i _j..,�:I[r ; �L -t� a, '�.{1 yA o� �'�{'T �'�.•'�'1ki�a�'� ���` 'F<`��L`��Y:ts Yip""r"�t 8�°t§2�����
'`ey�"..z` r��<",'r�t_;�t':� tf`:y�:Y*��'.1n.,�y_+�k;.,_fit�r3ps f"i`•':.�� rs`rM'-+.E ry^'` -`5 � ,tet ,,.�'j W>n�`",',r� ���" �;. .ym. .$...?�S�' �' �''�{5�:. � ''�st @.l`
.a .�� :ri. ..a .•w y�c.\� '�z'�� -r`,. u.��r� t' r<s �,Xl _�,�;a � �+'�� ��i :r�3s•' - � ^lA}�, �s��� r$ "Y�rr - 3a
fM k..AF ti
y_,.ts.},� b'ry*+rr�-'3�`� +q'.. \s�,`�'i''�`r�yt'•Y � "'t . y ti~�{q � aOtt
-
" 'a'a 3•r,