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HomeMy WebLinkAboutReso - CC - 067-1999RESOLUTION NO. 67-1999 RESOLUTION OF THE CITY OF BURLINGAME ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF BURLINGAME ON NOVEMBER 2,1999; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS, REQUESTING CONSOLIDATION OF ELECTIONS, AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; REQUIRING PAYMENT OF PRORATED COSTS OF CANDIDATES' STATEMENTS; AND PROVIDING FOR GIVING NOTICE OF ELECTION RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Burlingame Ordinance No. 1219 provides that the general municipal election for the City of Burlingame shall be held on the first Tuesday after the first Monday in November of each odd -numbered year; and WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a general municipal election may be consolidated with an election in another public district; and WHEREAS, elections in public districts will be held on November 2, 1999, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. A general municipal election is hereby called to be held in and for the City of Burlingame on Tuesday, November 2, 1999, to elect two (2) Council Members, each for a full term of four (4) years, and to submit a measure to the voters as to whether the Office of City Clerk should be appointive. 2. Pursuant to Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of San Mateo to make available the services of the County Clerk as County Elections Official for the purpose of performing the usual services necessary in the conduct of the consolidated general municipal election, including the provision of election supplies and voters' pamphlets. 3. Pursuant to the Elections Code commencing with Section 10400, the City Council hereby requests the Board of Supervisors of the County of San Mateo to order the consolidation of the general municipal election to be conducted within the boundaries of the City of Burlingame on November 2, 1999, with respect to which the Board of Supervisors of the County of San Mateo has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the elections in public districts to be held the same day. Upon consolidation , the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the County Clerk of the County of San Mateo in accordance with the provisions of law regulating the elections so consolidated. 4. The City Clerk is hereby authorized and directed to publish a notice of the general municipal election within the time and in the manner specified in Elections Code Section 12101. The City Clerk is further authorized and directed to do all other things required by law to hold the general municipal election above provided. 5. Pursuant to Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate's statement not to exceed two hundred (200) words in length in the voters' pamphlets, the actual prorated costs of printing, handling, and translating the candidates statement incurred by the City of Burlingame. The City Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated pro rated share at the time the candidate statement is filed. 6. Pursuant to Section 10228 of the Elections Code, the City Council hereby determines not to charge a filing fee for the processing of the nomination papers by the City. 7. The City Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy to the Board of Supervisors of the County of San Mateo and to the County Clerk of the County of San Mateo. OR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that 2 the foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of JULY , 1999, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALL I GAN, JANNEY, KNIGHT, 0' MAHONY, SP I NELL I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMEERS: NONE CITY CLERK CAW P51TQ,FSMSO\ELECTALI99.RES.wpd SERVICE AGREEMENT FOR THE PROVISION OF ELECTION SERVICES BETWEEN CITY OF BURLINGAME AND SAN MATEO COUNTY ASSESSOR -COUNTY CLERK -RECORDER This agreement, entered into this day of 1999, by and between the City of Burlingame and San Mateo County Assessor -County Clerk -Recorder (hereinafter referred to as County Clerk); WHEREAS, it is necessary and desirable that the County Clerk be retained for the purpose of conducting an election hereinafter described for the City of Burlingame (hereinafter referred to as City); NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: SERVICES TO BE PERFORMED BY THE CITY OF BURLINGAME: 1) No later than the 88th day prior to the election the City of Burlingame will request the Board of Supervisors through the County Clerk to conduct an election for the City of Burlingame on November 2, 1999, and will request services of the County Clerk. This section is applicable only if additional matters will be placed on the ballot, and a resolution is required. 2) The City will publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on, and/or the Notice to File Arguments For or Against any measure. 3) The City will submit to the County Clerk the exact number of offices to be voted on and the names and ballot designations of the candidates for those offices, and/or the exact ballot wording to be voted on by the 88th day prior to the election, or by the 83`d day prior to the election if Elections Code §§ 10225, 10229, and 10407 become applicable. 4) The City Clerk will prepare and deliver to the printer the ballot pamphlet information containing, as applicable, candidate statements, ballot measure, tax rate statement, impartial analysis, arguments for or against and rebuttals thereto. The last day for primary arguments (300 words) to be submitted is August 16, 1999. The last day for rebuttal arguments (250 words) and impartial analysis is August 26, 1999. 5) The City will review and sign off on the sample ballot and official ballot wording for the City's Candidates/Measures. SERVICES TO BE PERFORMED BY COUNTY CLERK: 1) The County Clerk will select the sample and official ballot printer(s). 2) The County Clerk will prepare and deliver to the printer the official ballot information. 3) The County Clerk will issue, receive and process absentee ballots. 4) The County Clerk will set up all polling place locations, hire polling place workers and conduct the election. 5) The County Clerk will prepare a Canvass of Votes Cast and submit a Certificate of County Clerk to the City of Burlingame. 6) The County Clerk will conduct other various and miscellaneous election activities as required including but not limited to all those required of the City's Election Official, other than those described under " Services to be Performed by the City of Burlingame". TERMS: This agreement shall be in effect for the performance of all services incident to the preparation and conduct of the election to be held on November 2, 1999. In the event the County Clerk is unable to perform services required under this Agreement, as a result of employer/employee relation conditions, vendor conditions or other conditions beyond the control of the County Clerk, the County Clerk will be relieved of all obligations under this Agreement. The County Clerk may terminate this agreement after giving 72 hours written notice and the County Clerk will be relieved of all obligations. This agreement can be mutually terminated upon a 30 day written notice. CONSIDERATION: In consideration of the performance of services and supplies provided by the County Clerk, the City of Burlingame shall pay to the County Clerk a sum equal to the actual cost of such services and supplies. The City of Burlingame shall make payment within 30 days of receipt of invoice from County Clerk. CITY: Signature: Print Name: Title: COUNTY: Signature: Print Name: Title: Date: Date: