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HomeMy WebLinkAbout008-85 RESOLUTION NO. 8-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE Authorizing an Election By Mail of the Registered Voters the City of Danville, Adopting Regulations Governing the Election And Agreeing to Abide by the Outcome of the Election WHEREAS, the City Council of the City of Danville has found that efficient service delivery to Danville citizens is hampered by a lack of adequate office space, and has entered into an agreement to purchase an existing office building to meet that space need; and WHEREAS, a number of Danville residents have, by petition, sought to have the City Council rescind this decision, and the City Attorney and City Clerk have determined that the petition submitted did not pertain to a legislative action which can be the subject of a valid referendum election, and WHEREAS, the City Council, recognizing the extent of citizen interest in this question, decided on Thursday, January 24, 1985 to solicit by mail the opinions of registered voters of the City of Danville. NOW, THEREFORE the City Council of the City of Danville hereby does resolve that: 1. An election by mail of the registered voters of the City of Danville shall be conducted on March 21, 1985; and 2. The measure to be submitted to the voters shall be "Shall Danville purchase an existing office building at 510 La Gonda Way for municipal offices?" 3. The election shall be conducted according to the "Regulations of an Election By Mail of the Registered Voters in the City of Danville", attached herewith as a part of this resolution. 4. The City Clerk is directed to request services from the Contra Costa County Elections Department for the conduct of the election; and 5. The City Clerk is directed to report the results of the election to the City Council at the earliest possible time after the election date; and 542 San Ramon Valley Blvd. · Danville, CA * 94526 · (415) 820-6337 6. The City Council will abide by the results of the Election By Mail. PASSED, APPROVED AND ADOPTED this 4th day of February, 1985, by the following vote: AYES: NOES: May, McNeely, Offenhartz, Schlendorf None /.' ABSENT~ Lane De~u ty~C i %y Clerk MAY OR j j-. Regulations For An Election By Mail Of Registered Voters in the City of Danville* 1. J~_o~t~_~~: The City Clerk shall cause to be mailed to each registered voter in Danville as of February 20, 1985 an information packet containing one each of the following: a. An advisory notice b. A voter pamphlet c. An identification envelope d. An official ballot 2. ~3~_Y_~J~: The advisory notice shall contain: a. A statement that the information packet contains "An Official Ballot" of the City of Danville. b. A statement describing the subject of the election. c. A statement that the Danville City Council has agreed to abide by the results of the election. d. The final date and time for receiving ballots by mail or hand delivered. e. A statement that hand delivered ballots will be accepted only from the registered voter in person. (E.C. Section 1013) f. A statement that identification envelopes containing more than one official ballot will be disqualified. g. A statement that identification envelopes which are not signed personally by the registered voter will be disqualified. (E.C. Section 1009) 3. _V_o~e~_~j~: The voter pamphlet shall contain: a. A description of the measure as approved by the City Council upon which voters are requested to vote their opinion. The source of a regulation which is based on a provision in the California Elections Code is shown by a reference to the section of the Elections Code in parenthesis. b. An analysis of the measure not exceeding 500 words in length prepared by the City Attorney. The City Attorney shall submit his analysis to the Clerk by 5:00 p.m. on Thursday, February 14, 1985. (E.C. Section 5011) c. Direct arguments for and against the measure not exceeding 300 words in length. Direct arguments shall be accepted (in typewritten form only) by the Clerk until 3:00 p.m. on Thursday, February 14, 1985. Persons preparing the arguments may change or withdraw their arguments until that date. Ballot arguments shall be accompanied by the name of the person submitting it (E.C. Sections 5013, 5014, and 5016) d. Rebuttals to direct arguments. If any person submits an argument against a city measure, and an argument has been filed in favor of the city measure, the Clerk shall immediately send copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of the city measure may prepare and submit a rebuttal argument not exceeding 250 words. The clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure, who may prepare and submit a rebuttal to the argument in favor of the city measure not exceeding 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. The deadline for submitting rebuttal statements is set forth in paragraph 8b. (E.C. Section 5014.5) 4. contain: The identification envelope shall a. A declaration, under penalty of perjury, stating that the voter resides in the City of Danville. (E.C. Section i009) b. The signature of the voter as it appears on his/her affadavit of registration written on the envelope. (E.C. Section 1009) c. The date of signing. (E.C. Section 1009) d. A label provided by the Contra Costa County Registrar of Voters upon which is printed the name and address of the registered voter. e. First class return postage. f. The address of the election official to which the identification envelope and ballot is to be returned. (E.C. Section 1009) . Official B_al_l_o_t: The official ballot shall be in a form consistent with official ballots commonly used by the Contra Costa County Registrar of Voters for the conduct of elections, and shall conform to the requirements of California Elections Code Section 10236. The size, weight, and paper stock for the ballot shall be as specified by the Registar of Voters so that the ballots may be counted automatically by the Registrar's office. . ~JJ~ATg_~_~_3~~_~~: The City Clerk shall not commence to mail the information packet prior to the 29th day, or after the 10th day before the final date for receiving ballots. The packet shall be placed in a mailing envelope and mailed by third class U.S. Mail. The following information shall be printed on the outside of the mailing envelope: a. Name and address of the registered voter. b. A statement that the envelope contains "an official ballot" of the City of Danville. c. A return address. (E.C. Section 1351) 0 ~_qD~_~~: Upon receipt of the ballot the election official shall compare the signature on the envelope with that appearing on the affidavit of registration and, if they compare, deposit the ballot, still in the identification envelope in a ballot container in his office. A variation of the signature caused by the substitution for the first or middle name, or both, shall not invalidate the ballot. If the ballot is rejected because of signatures do not compare, the envelope shall not be opened and the ballot shall not be counted. The cause of the rejection shall be written on the face of the identification envelope. No ballot shall be removed from its identification envelope until the time of processing. No ballot shall be rejected for cause after the envelope has been opened. (E.C. Section lO15) 8. ~j~~_~_U~: The schedule for the conduct of the Election By Mail shall be as follows: a. Direct arguments must be received by the City Clerk in typewritten form by 3:00 p.m. on Thursday February 14, 1985. e b. Rebuttal statements must be received by the City Clerk in typewritten form by 5~00 p.m. on Tuesday, February 19, 1985. (Danville) ~3_~J~_~J~_3~J~_~JJ~_J~ c. The City Clerk shall cause information packets to be placed in the U.S. Mail not later than 5:00 p.m. March 8, 1985. (E.C. Section 1351) d. Identification envelopes containing ballots shall be received until 8:00 p.m. on March 21, 1985. e. The results of the election shall be certified by the Danville City Council. ~_~_a~3~: The election not constitute an official election as defined by the Elections Code of the State of California. However, the City of Danville will conduct this "Election By Mail" in accordance with applicable provisions of the California Elections Code to the extent practical. In particular, the following additional regulations shall apply to the conduct of this election: a. Chapter 5, Sections 1401 et. seq., and Section 22930.5 relating to the canvas of votes. b. Section 17160 et. seq. relating to recounts of votes. c. Section 22003 relating to the services of the County Clerk. d. Applicable California Fair Political Practices Commission regulations and state laws relating to campaign expenditures.