The general municipal election for the city of Brentwood shall be held on the same day as statewide general election beginning with the statewide general election to be held in 1984.
(Ord. 340 § 1, 1982)
A. 
Pursuant to California Government Code Sections 34886 and 34871(c), council members will be elected on a district-based elections system in four single-member districts. For purposes of this chapter, the term "district-based elections system" will mean the election of members of the city council by the voters of the district alone.
B. 
Except as provided in subsection C of this section, the council member elected or appointed to represent a district must live in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which they seek election at the time nomination papers are issued, pursuant to California Government Code Section 34882 and Elections Code Section 10227.
C. 
A council member in office at the time this section takes effect will continue in office until the expiration of the full term to which they were elected or appointed and until their successor is qualified. Council members who, following the decennial Federal Census redistricting, no longer live within the boundaries of the district to which they were elected, will represent that reconstituted district until the expiration of the full term to which they were elected. If vacancies in council member offices elected at-large occur before expiration of the full term thereof, such vacancies will be filled according to law from the city at-large.
(Ord. 1035 § 2, 2022)
A. 
Subject to Section 2.10.020, city council members will be elected on a by-district basis from the council districts described in subsection B below and depicted on the map attached to the ordinance codified in this chapter as Exhibit A and incorporated by this reference. To the extent there is a conflict between the incorporated map and the descriptions contained in subsection B below, the description will prevail.
B. 
The districts are as follows:
1. 
District 1: All the portion of the city of Brentwood lying westerly of the following line: Beginning at the intersection of the northerly boundary of the city of Brentwood and Lone Tree Way and Empire Avenue, and proceeding easterly along Lone Tree Way to railroad tracks, and proceeding southeasterly along railroad tracks to Marsh Creek, and proceeding southwesterly along Marsh Creek to Central Boulevard, and proceeding southwesterly along Central Boulevard to Dainty Avenue, and proceeding easterly along Dainty Avenue to Marsh Creek, and proceeding southerly along Marsh Creek to Balfour Road, and proceeding westerly along Balfour Road to Fairview Avenue, and proceeding northerly along Fairview Avenue to San Jose Avenue, and proceeding westerly along San Jose Avenue to Saint Regis Avenue, and proceeding southwesterly along Saint Regis Avenue to La Sata Drive, and proceeding northwesterly along La Sata Drive to the most northerly terminus of La Sata Drive, and proceeding westerly in a straight line along the southerly line of Assessor Parcel 019-082-007 to the westerly border of the city of Brentwood.
2. 
District 2: All the portion of the city of Brentwood lying northerly of the following line: Beginning at the intersection of the easterly boundary of the city of Brentwood and Chestnut Street, and proceeding westerly along Chestnut Street to Garin Parkway, and proceeding northerly along Garin Parkway to Sycamore Avenue, and proceeding westerly along Sycamore Avenue to Central Boulevard, and proceeding southwesterly along Central Boulevard to railroad tracks, and proceeding northwesterly along railroad tracks to Lone Tree Way, and proceeding westerly along Lone Tree Way to the northwesterly boundary of the city of Brentwood.
3. 
District 3: All the portion of the city of Brentwood lying southerly of the following line: Beginning at the intersection of the southerly boundary of the city of Brentwood and Marsh Creek and the East Contra Costa Irrigation District main canal, and proceeding northeasterly along Marsh Creek to Balfour Road, and proceeding westerly along Balfour Road to Fairview Avenue, and proceeding northerly along Fairview Avenue to San Jose Avenue, and proceeding westerly along San Jose Avenue to Saint Regis Avenue, and proceeding southwesterly along Saint Regis Avenue to La Sata Drive, and proceeding northwesterly along La Sata Drive to the most northerly terminus of La Sata Drive, and proceeding westerly in a straight line along the southerly line of Assessor Parcel 019-082-007 to the westerly border of the city of Brentwood.
4. 
District 4: All the portion of the city of Brentwood lying southerly of the following line: Beginning at the intersection of the easterly boundary of the City of Brentwood and Chestnut Street, and proceeding westerly along Chestnut Street to Garin Parkway, and proceeding northerly along Garin Parkway to Sycamore Avenue, and proceeding westerly along Sycamore Avenue to Central Boulevard, and proceeding southwesterly along Central Boulevard to railroad tracks, and proceeding northwesterly along railroad tracks to Marsh Creek, and proceeding southwesterly along Marsh Creek to Central Boulevard, and proceeding southwesterly along Central Boulevard to Dainty Avenue, and proceeding easterly along Dainty Avenue to Marsh Creek, and proceeding southerly along Marsh Creek to the East Contra Costa Irrigation District main canal and southerly border of the city of Brentwood.
C. 
The council districts specified in subsections A and B of this section will continue in effect until they are amended or repealed in accordance with law.
(Ord. 1035 § 2, 2022)
A. 
Except as otherwise required by California Government Code Section 36512, council members will be elected in council districts 1 and 3 beginning at the general municipal election in November 2020, and every four years thereafter. Council members will be elected in council districts 2 and 4 beginning at the general municipal election in November 2022, and every four years thereafter.
B. 
Following the adoption of a ballot measure on November 7, 2006, by city voters, and beginning with the November 2008 general municipal election, the mayor is elected by the voters of the entire city every four years.
(Ord. 1035 § 2, 2022)
The municipal general election in 1984 and each municipal general election thereafter will be conducted on the date specified by this chapter, in accordance with the Government and Elections Codes, unless this chapter is later repealed by the city council.
(Ord. 1035 § 2, 2022)
A. 
Each candidate either nominated for an elective office, or proposed for appointment in the case of a vacancy in an elective office, will sign under penalty of perjury an affidavit declaring that the candidate is eligible to hold office. The affidavit will be in a form as shown in subsection C of this section. The affidavit will be submitted to the city clerk no later than the time the candidate assumes office.
B. 
Each official in an elective office will annually sign under penalty of perjury an affidavit declaring that the official continues to be eligible to hold office. The affidavit will be in a form as shown in subsection D of this section. The affidavit will be submitted to the city clerk no later than the time required by law for the annual filing of "Statements of Economic Interests" with the Fair Political Practices Commission, or June 1st, of each year, whichever is later.
C. 
Form—Affidavit of Eligibility for Candidates.
AFFIDAVIT OF ELIGIBILITY FOR CANDIDATES
STATE OF CALIFORNIA,
)
COUNTY OF CONTRA COSTA
)ss.
CITY OF BRENTWOOD
)
I,___[name]___solemnly swear that I am eligible to hold elective office in the City of Brentwood in that I am a registered voter of the City of Brentwood at the time nomination papers were issued to me by the City Clerk and I am an elector of the City at the time of assuming office because my legal residence is located at___[address]___ in the City of Brentwood, and, in the case of City Council candidates, in the district in which I am running for election. For the duration of my term in office, I will retain legal residence within the City of Brentwood and, in the case of City Council candidates, in the district in which I am running for election.
I declare under penalty of perjury that the foregoing is true and correct.
___[signature]
Subscribed and sworn to before me the _____ day of _____, 20_____.
(SEAL) _________________
Notary Public in and for the County of ____________, State of California
D. 
Form—Affidavit of Eligibility for Elective Office Holders.
AFFIDAVIT OF ELIGIBILITY FOR ELECTIVE OFFICE HOLDERS
STATE OF CALIFORNIA,
)
COUNTY OF CONTRA COSTA
)ss.
CITY OF BRENTWOOD
)
I,___[name]___solemnly swear that I continue to be eligible to hold elective office in the City of Brentwood. In particular, my legal residence is in the City of Brentwood at___[address]___, which, in the case of City Council office holders, is in the district from which I was elected, unless that district's boundaries were changed following the decennial Federal Census, moving my residence outside of those boundaries. For the duration of my term in office, I will retain legal residence within the City of Brentwood and, in the case of City Council office holders, in the district from which I was elected, unless that district's boundaries were changed following the decennial Federal Census, moving my residence outside of those boundaries. Should my residence no longer be located in the district to which I was elected due to decennial Federal Census boundary revisions, I will represent the reconstituted district to which I was elected.
I declare under penalty of perjury that the foregoing is true and correct.
___[signature]
Subscribed and sworn to before me the _____ day of _____, 20_____.
(SEAL) ______________
Notary Public in and for the County of ____________, State of California
(Ord. 1035 § 2, 2022)
A. 
Intent. It is the intent of the city council of the city of Brentwood in enacting this section to place realistic and enforceable limits on the amount persons may contribute to candidates for city elective office, to prevent improper or undue influence over elected officials by campaign contributors, or the appearance of undue influence. This section is intended to supplement the Political Reform Act of 1974, as amended, and in the event of a conflict between that Act and this section, that Act shall prevail. This section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Sections 81013 and 85702.5 of the California Government Code.
B. 
Definitions. Whenever in this section the following words or phrases are used, they shall have the following meaning:
"Candidate"
shall be defined as set forth in the California Political Reform Act (California Government Code Section 81000, et seq.), but shall include only candidates for city elective office.
"Candidate committee"
shall mean a candidate-controlled committee that is primarily formed to support that candidate's election for city elective office.
"City elective office"
shall mean the offices of mayor and member of city council. The city council consists of four separate city elective offices.
"Enforcement authority"
shall mean that special counsel appointed by the city manager, in consultation with the city attorney, pursuant to subsection (D) of this section.
"Person"
shall mean any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.
Except as otherwise stated herein, the terms of this section shall have those definitions provided in the Political Reform Act of 1974 (Government Code Section 81000, et seq.) or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.
C. 
Limits on Campaign Contributions to Candidates.
1. 
Effective July 13, 2022, a person shall not make to a candidate for city elective office, and a candidate for city elective office shall not accept from a person, a contribution totaling more than five hundred dollars per election.
2. 
A candidate for city elective office shall have no more than one candidate committee for that office and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made. This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of such savings accounts.
3. 
The limit in subsection (C)(1) of this section shall not be deemed to prohibit contributions or loans from a candidate to their own candidate committee in accordance with state law, or to limit the amount a candidate may contribute or loan to their own candidate committee. Contributions from the spouse of a candidate from such spouse's separate property shall be subject to the limit set forth in subsection (C)(1) above.
4. 
The limit in subsection (C)(1) of this section shall not apply to contributions made to a committee that is organized solely for the purpose of supporting or opposing the recall of an incumbent city elected officer, but shall apply to all candidates and their candidate committees seeking election to replace the incumbent city elected officer.
5. 
The limit in subsection (C)(1) of this section is subject to the laws of when contributions must be aggregated under the Political Reform Act of 1974, as amended. To determine when contributions are aggregated, "entity" means any person other than an individual, and "majority owned" means ownership of more than fifty percent. If an individual directs or controls an entity's contributions, the entity's contributions shall be aggregated with contributions made by both of the following: (a) that individual; and (b) any other entity whose contributions that individual directs or controls. If two or more entities make contributions that are directed or controlled by a majority of the same persons, the contributions of those entities shall be aggregated. Contributions made by entities that are majority owned by a person shall be aggregated with the contributions of the majority owner and all other entities majority owned by that person, unless those entities act independently in their contribution-making decisions.
6. 
If a candidate or the treasurer of a candidate committee for city elective office is offered a contribution, which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within ten days of the receipt of the unlawful contribution to the city clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution. After ten days, if the contribution has not been returned to the contributor, the candidate or treasurer shall forfeit the amount of the unlawful contribution and pay the amount of the unlawful contribution to the city for deposit into the city's general fund.
7. 
The limit in subsection (C)(1) of this section shall not apply to political contributions made on or prior to July 13, 2022. After July 13, 2022, a person may make, and a candidate for city elective office may accept from a person, a contribution of up to five hundred dollars, regardless of whether that person made to the candidate for city elective office a contribution totaling more than five hundred dollars before July 13, 2022.
D. 
Enforcement Authority—Duties, Complaints, Legal Actions, Investigatory Powers.
1. 
The city attorney shall not investigate or prosecute any alleged violation of this section, but will defend the constitutionality and legality of this section in any civil proceeding in which the city or the city council is a party.
2. 
Any resident of the city may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this section. The court may, in its discretion, require any plaintiff other than the enforcement authority to file a complaint with the enforcement authority prior to seeking injunctive relief. The court may award to a plaintiff or defendant who prevails that party's costs of litigation, including reasonable attorney's fees.
3. 
Review of complaints of violation of this section and criminal prosecution thereof may be commenced by the enforcement authority, and as set forth in this paragraph. The enforcement authority is authorized to commence and prosecute civil litigation to compel compliance with this section or to enjoin conduct in violation of this section. Prior to each election, the city manager, in consultation with the city attorney, will appoint an enforcement authority for that election. If the appointment of an additional enforcement authority becomes necessary or appropriate, the city manager, in consultation with the city attorney, will appoint such additional enforcement authority as may be required. Prior to the commencement of each municipal general election cycle, the city council shall appropriate sufficient funds from the city's treasury to retain the services of the enforcement authority to investigate alleged violations of this section and, if necessary, to take action to enforce this section.
4. 
Any resident of the city who believes that a violation of this section has occurred may file a written complaint requesting investigation of such violation by the enforcement authority. The complainant shall file the complaint with the city clerk, under penalty of perjury and include proof that the complainant is a resident of the city. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this section. If a complaint does not comply with these requirements, the city clerk shall return the complaint to the complainant, with an explanation as to why it is insufficient for filing. Within five working days after accepting the complaint for filing, the city clerk shall forward it to the enforcement authority.
5. 
The enforcement authority shall, within thirty calendar days of receiving a complaint that complies with subsection (D)(4) above, make a determination of whether there is probable cause to believe that a violation occurred. If no probable cause is determined to exist, the complaint shall be dismissed summarily, and interested parties shall be notified of the dismissal in writing.
6. 
If the enforcement authority determines there is probable cause to believe that a violation of this section has occurred, the enforcement authority may refer the matter to the district attorney for criminal prosecution, or may conduct an investigation and commence such administrative or civil legal action as they deems necessary for the enforcement of this section.
7. 
The enforcement authority shall not investigate or take any further action regarding any alleged violation which has been referred to the district attorney, or which is already the subject of a complaint filed with the Fair Political Practices Commission, until the investigation of that complaint by the district attorney or the Fair Political Practices Commission is complete.
8. 
The enforcement authority has such investigative powers as are necessary for the performance of duties described in this section, and may demand and be furnished records of campaign contributions and expenditures of any person or committee that has relevant information about a contribution made in excess of the contribution limits in a municipal general election. In the event that production of such records is refused, the enforcement authority may commence litigation to compel such production.
9. 
The enforcement authority is immune from liability for its enforcement of this section.
10. 
Any action alleging a violation of this section must be commenced within two years of the time the alleged violation occurred.
E. 
Penalties.
1. 
Criminal Penalties. Any person who knowingly or willfully violates any provisions of this section is guilty of a misdemeanor.
2. 
Civil Action. Any person who violates this section shall be liable in a civil action for an amount up to five thousand dollars per violation.
3. 
Administrative Action. Any person who violates this section may be subject to an administrative citation and administrative fines as set forth in Chapter 1.24 of this code.
F. 
Rules of Construction. This section will be construed liberally in order to effectuate its purposes.
(Ord. 1044 § 3, 2022)
Because of the thoroughness of the state Political Reform Act statutory scheme, unless a term is specifically defined in this chapter, or the contrary is stated (or clearly appears from the context), the definitions set forth in Chapter 2 ("Definitions," Section 82000 et seq., of the Government Code) of the state Political Reform Act shall govern the interpretation of the provisions of this chapter. For example, "Contribution" is defined by Section 82015 of the Government Code.
"Election cycle"
means that period commencing on May 30th of a general election year and concluding on December 31st of that same year. If a special election is conducted, the election cycle will commence on the first day of the month at least six months before the election and shall conclude on the last day of the month following the election (i.e., assume a March date is used for a city special election for an elective office; September 1st (the first day of the month at least six months before the election date) would be the first day of the election cycle and April 30th (the thirtieth day of the month following the election) would be the last day of the election cycle).
"Late contribution and expenditure"
means any contribution or expenditure including a loan, which totals in the aggregate of two hundred fifty dollars or more but less than one thousand dollars that is made to, expended or received by a candidate, a controlled committee or a committee formed or existing primarily to support or oppose a candidate or measure before the date of election at which the candidate or measure is to be voted on but after the closing date of the last campaign statement required to be filed before the election.
(Ord. 780 § 2, 2004)
The California Political Reform Act provides for various campaign statements to be filed on dates determined by the Fair Political Practices Commission. Any candidate for a municipal office and any controlled committee of such a candidate will file a verified campaign statement on the due dates and contribution periods as provided by Article 2, Chapter 4, Title 9 of the Government Code, beginning with Section 84200.
(Ord. 780 § 2, 2004; Ord. 1015 § 1, 2020)
A. 
Whenever any elected officer, candidate, or committee is required to file a campaign statement under the California Political Reform Act or the Regulations with the city clerk, the elected officer, candidate, or committee shall file the statement in an electronic format prescribed by the city clerk.
B. 
Any statement, report, or other document filed electronically or online pursuant to this section will be accepted as an original statement and need not be filed in paper format.
C. 
The date of filing for a statement, report, or other document that is filed online or electronically will be the day that it is received by the city clerk, acting as the local filing officer, and the electronic system will provide confirmation with an electronic timestamp that ensures that the statement, report, or other document was received.
D. 
If access to online filings is unavailable, the elected city officer, candidate, or committee may file an original statement by paper, at the discretion of the city clerk, acting as the local filing officer.
E. 
The provisions of this section will only apply to persons or combinations of persons who qualify as a committee under Section 82013 of the Political Reform Act.
(Ord. 1015 § 1, 2020)
Late contributions and expenditures of two hundred fifty dollars or more but less than one thousand dollars, shall be reported within twenty-four hours. Late contributions and expenditures shall be reported on subsequent campaign statements in addition to this section's requirements.
(Ord. 780 § 2, 2004)
A. 
Any person who intentionally or negligently violates Sections 2.10.070 through 2.10.100, inclusive, of this chapter shall be liable in a civil action brought by a person residing within the city for an amount not more than three times the amount of the unlawful contribution or expenditure.
B. 
If two or more persons are responsible for any violation, they shall be jointly and severally liable.
C. 
In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant(s). If a judgment is entered against the defendant or defendants in an action, the plaintiff shall receive fifty percent of the amount recovered. The remaining fifty percent shall be deposited into the general fund of city. In an action brought by the district attorney, the judgment shall be paid to the general fund of the county of Contra Costa.
D. 
No civil action alleging a violation of any provision of this act shall be filed more than one hundred eighty days after the date the violation occurred.
E. 
The court may award to a plaintiff or defendant who prevails in any action authorized by this chapter, costs of litigation, including reasonable attorneys' fees.
(Ord. 780 § 2, 2004)