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HomeMy WebLinkAboutMINUTES - 08171993 - 1.65 . f 1.65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1993 , by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson, NOES: None ABSENT: None ABSTAIN: None SUBJECT: Consolidating Election with ) RESOLUTION NO. 93/521 the Special Election; ) Date of Election: November 2, 1993 ) Governing Board: Board of Directors ) Public Entity: Kensington Community ) Services District ) Type of Election: Special Tax for ) Police Protection ) The Board of Supervisors of Contra Costa County RESOLVES THAT: The above-named governing board of the above-named public entity has ordered an election of the type specified above (consolidated election) to be held in (a portion of) the territory of said public entity on the date specified above, and has requested that said election .. be consolidated with the election to be held on said date. Therefore, this Board HEREBY RESOLVES THAT: 1. In accordance with Elections Code Sections 23300 et. seq. said elections are hereby consolidated and shall be held in all respects as though they were only one election; 2 . The returns of the consolidated election shall be canvassed by the County Clerk of the County of Contra Costa and when the results are ascertained, the County Clerk shall certify them to the above public entity; 3 . The County Clerk of Contra Costa County shall include in the sample ballots and official ballots submitted to the voters of the said public entity the measure or list of candidates to be voted on in the consolidated election; 4 . The County Clerk of Contra Costa County is authorized and directed to charge to the said public entity any additional expenses incurred by reason of this consolidation; 5. The Clerk of the Board is directed to forward a certified copy of this resolution to the County Clerk of Contra Costa County and the governing board of the above public entity. PASSED on August 17, 1993 by unanimous vote of the Supervisors present. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 17, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy cc: County Administrator Clerk-Recorder Elections Kensington Community Services District RECEIVED LEAW - 51993 RESOLUTION NO. 93-05 -- I ARD OFSUPERVISORKENSINGTON COMMUNITY SERVICES DISTRICTRA COSTA CO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT REQUESTING THE COUNTY CLERK TO RENDER SPECIFIC ELECTION SERVICES IN CONNECTION WITH A SPECIAL ELECTION TO BE HELD WITHIN THE DISTRICT ON TUESDAY NOVEMBER 2 , 1993 WHEREAS, the Board of Directors of the Kensington Community Services District has called for a special election to be held within the District on Tuesday, November 2, 1993 by their Resolution No. 93-04 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT that the Board of Supervisors of the County of Contra Costa is hereby requested to . permit the County Clerk of Contra Costa County to render specified election services pursuant to Elections Code Section 22003 , such services to include: * Securing translations of election materials and notices; * Publication of notices required by law; * Selection of arguments on the ballot measure; * Consolidation of precincts; * Furnishing of precinct indexes; * Preparation of polling place notice; * Preparation and printing of ballot copy and arguments; * Mailing of sample and official ballot, polling place verification and other election material ; * Furnishing of polling places and. appointment of election officers; * Furnishing of voting supplies; * Furnishing of precinct supplies and training of precinct workers; * Processing of absentee ballots; * Canvas of election and certification to the District on the results of the canvas. Resolution 93-05 Page 2 BE IT FURTHER RESOLVED that this Board shall, and does hereby, accept the terms and conditions of the performance of said election services and agrees to pay its proportionate share of all costs in connection with the conduct of this election. PASSED AND ADOPTED this 3rd day of August, 3993, by the following vote: AYES: 2 Lawrence S. Thal, President NOES: 0 — -J""�/ (��', ' J0 6/-A. Pierce, D/i�rec,\\tJ\or ABSENT: 1 Sheila P. Brody, Director ATTEST: 1 1 S c etary of S 'd trig ORDINANCE NO. 93-02 AN ORDINANCE AMENDING ORDINANCE NO. 80-01, WHICH IMPOSES A SPECIAL TAX FOR POLICE PROTECTION AND PROPOSING THE AMENDMENTS FOR ADOPTION KENSINGTON COMMUNITY SERVICES DISTRICT WHEREAS, on April 8, 1980, the voters approved Ordinance No. 80-01 imposing a special tax for police protection, effective commencing with the fiscal year beginning July 1, 1980; and WHEREAS, on April 10, 1984, the voters approved Ordinance No. 84-01, which amended Ordinance No. 80-01 by increasing the maximum amount of the special tax and authorizing the Board of Directors of the District to impose a tax up to the specified maximum limits and to modify the tax from time to time, within such limits as the District's financial condition requires; and WHEREAS, the budget for Fiscal Year 1993-1994 adopted by the State of California will reduce the amount of property tax revenues the District will receive by approximately $150, 000 from the amount received in Fiscal Year 1992-1993 and will eliminate the approximately $650, 000 the District received from the Special District Augmentation Fund. These two losses will reduce the funds available to the District for Fiscal Year 1993-1994 by approximately 60 percent from last year's level ; and WHEREAS, the District cannot operate for all of the Fiscal Year 1993-1994 unless it receives additional revenue from some source; WHEREAS, the Board of Directors has determined that the revenues provided from the remaining ad valorem property taxes and the special tax authorized by Ordinance No. 80-01, as amended by Ordinance No. 84-01, will be insufficient to support continuation of present levels of police protection services by the District during fiscal year 1993-1994 ; and WHEREAS, the District has been advised that senior citizen and disabled homeowners whose incomes are below specified amounts and for whom the increase in the special tax could be a hardship may have the entire special tax paid by the State of California, with repayment postponed until the property is sold, or the owner vacates the property or dies; and WHEREAS, the Board of Directors remains committed to imposing a tax rate no higher than that necessary to provide sufficient funds for continued police protection services. If in any year additional sources of revenue not now anticipated become available to the District, or if revenues from existing sources exceed the amounts not anticipated, or if expenditures are able to be reduced, consistent with adequate police protection, then it is the policy Ordinance 93-02 Page 2 and intention of the Board to set the amount of special tax at rates below the authorized maximum, including reducing it below the amounts originally approved by voters in 1980; and WHEREAS, it is also the policy and intention of this Board to maintain the amounts of tax applicable to various classes of property at levels which are fair and equitable, taking into account the costs of providing police protection and benefits of such protection to such properties. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT as follows: Section 1. Amendment to Ordinance No. 80-01 (a) Subsection 2.A of Ordinance No/ 80-01, as amended by Ordinance No. 84-01, is hereby further amended to read as follows: "Section 2. Determination of Amount of Tax A. A special tax for police protection only is hereby determined in the following maximum amounts upon property within the District: Class of Improvements or Use Maximum Amount of Tax Single Family Residential $ 210. 00 per year Multiple Unit Residential $ 315. 00 per year Commercial and Institutional $ 315. 00 per year Miscellaneous Improved Property $ 210. 00 per year Unimproved Property $ 63 . 00 per year (b) A new Subsection D is hereby added to Section 2 of Ordinance No. 80-01, as amended by Ordinance No. 84-01, to read as follows: "D. In the case of the fiscal year beginning on July 1, 1993 and ending on June 30, 1994 only, the Board of Directors shall determine the amount of tax to be levied for that fiscal year prior to January 1, 1994 , rather than prior to June 30 of the preceding fiscal year as called for in Section 2.c above. " (c) Section 6 of Ordinance No. 80-01, as amended by Ordinance No. 84-01, is hereby amended by the addition of the following sentence at the end thereof: ♦ if Ordinance 93-02 Page 3 "In the case of the tax year beginning on July 1, 1993 only, the increase, if any, in the amount of the special tax for that tax year over the amount previously determined by the Board to be payable for that tax year, shall be collected in the same manner as a supplemental bill for ad valorem property taxes, except that the second installment shall become due at 5 p.m. on March 1, 1994 and shall become delinquent at 5 p.m. on April 10, 1994 . " Section 2. Ratification of Ordinance NO. $o-ol Except as provided above, all provisions of Ordinance No. 80- 01, as amended by Ordinance No. 84-01, remain unchanged. If the voters do not approve the changes to Section 2 and Section 6 made by this Ordinance, then the special tax adopted by Ordinance No. 80-01, as amended by Ordinance No. 84-01, will remain in full force and effect without change. Section 3. Effective Date This Ordinance shall take effect immediately upon its approval by the voters of the District in the manner provided by law. if so approved, the amounts of tax may be changed from those previously established by the Board pursuant to Ordinance No. 80- 01, as amended by Ordinance No. 84-01, commencing with the tax year beginning on July 1, 1993 . PASSED AND ADOPTED at a meeting of the Board of Directors held on the 3rd day of August 1993 , by the following vote: AYES: 2 Lawrence S. Thal, President NOES: 0 John A. Pierce, Director ABSENT: 1 Sheila P. Brody, Director j ATTEST: �. Secr ar RESOLUTION NO. 93-04 KENSINGTON COMMUNITY SERVICES DISTRICT RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO QUALIFIED ELECTORS OF THE DISTRICT THE QUESTION OF CONFIRMING AN ORDINANCE AMENDING THE SPECIAL TAX FOR POLICE PROTECTION; FIXING THE DATE OF SAID ELECTION; AND PROVIDING FOR THE CONSOLIDATION OF SAID ELECTION WHEREAS, the Board of Directors (the "Board") of the Kensington Community Services District (the "District") has determined that an ordinance should be adopted amending Ordinance No. 80-01, as amended, which imposed a special tax for police protection and, pursuant to Government Code Section 53978, was previously approved by the voters of the District at an election held in April 1980, and thereafter amended by the voters at an election held in April 1984 ; and WHEREAS, the Board wishes that the question of approval of said ordinance should be submitted to the qualified electors of the District at the earliest practicable date; and WHEREAS, the next regular election will be held on November 2 , 1993 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT as follows: Section 1. An election (the "election") is hereby ordered and called and will be held in the District on Tuesday, November 2 , 1993, at which election the following issue shall be submitted to all persons possessing all requirements of electors under the general election laws of the State of California who are duly qualified electors residing within the District: "Shall Ordinance 93-02 of the Kensington Community Services District, increasing the maximum amounts within which the District' s Board of Directors may determine annually the amount of special tax for police protection to be imposed on property within the District, from the current levels to the following maximum amounts: Resolution 93-04 Page 2 Property Category Maximum Annual Tax Limit Single Family Residential $ 210. 00 Multiple Unit Residential $ 315. 00 Commercial and Institutional $ 315. 00 Miscellaneous Improve Property $ 210. 00 Unimproved Property $ 63 . 00 be confirmed?" Section 2 . The County Clerk of Contra Costa County is hereby requested and authorized to order the consolidation of the election called by this Resolution with the general election to be held November 2, 1993 and further to provide that within the territory affected by said order of consolidation the election precincts, polling places and voting booths shall in every case be the same and that there shall be only one set of election officers in each of said precincts. Section 3 . The measure for the confirmation of the amendment to the special tax, in the form hereinabove set forth, shall be set forth in each form of ballot used in said election insofar as the same is held within the territory affected by said order of consolidation. Said County Clerk is authorized and requested (i) to publish a notice relative to arguments for and against said measure, to receive and select such arguments, to call for rebuttal arguments and to receive rebuttal arguments, to the extent required by law; (ii) to set forth on all sample ballots relating to said election to be mailed to the qualified electors within the District said measure as hereinabove determined and to mail with said sample ballots to said electors printed copies of arguments (if any) for and against said measure; and (iii) to provide absent voter ballots for said election for use by qualified electors who are entitled thereto in the manner provided by law. Section 4, Said County Clerk is hereby further authorized and requested to canvas or cause to be canvassed, as provided by law, the returns of said election with respect to votes cast on said measure and to certify such canvass of the votes cast for and against said measure to the Board. Section S. Said County Clerk is hereby further authorized and requested to regulate and carry out all proceedings incidental to and connected with the election in accordance with the provisions of law regulating the election. Section 6. An impartial analysis of the measure as provided for in Section 3781 of the California Elections Code shall be prepared by the District's Attorney. Resolution 93-04 Page 3 Section 7 . The Secretary of the Board is hereby authorized and directed to certify to the due adoption of this Resolution and to transmit a copy hereof so certified to the County Clerk of the County. PASSED AND ADOPTED on this 3rd day of August, 1993 by the following vote: AYES: 2 Lawrence S. Thal, President NOES: 0 ohn A. Pier e, Director ABSENT. 1 Sheila P. Brady, Director ATTEST: S etary of C i istric I i ANALYSIS BY ATTORNEY FOR DISTRICT BACKGROUND Since 1978, the California Constitution has limited the amount of ad valorem taxes on real property to one percent of full cash value. As a result, property tax revenues to local governments were reduced. That reduction particularly affected agencies, such as Kensington Community Services District, which previously depended upon the property tax for virtually all of their revenues. California law authorizes local governments to adopt special taxes for police protection with the approval of two-thirds of the electorate. In 1980, District voters approved Ordinance 80- 01, imposing a special tax for police protection. In 1984, District voters approved Ordinance 84-01, which amended Ordinance 80-01 by increasing the amount of tax which could be imposed and authorizing the District's Board of Directors to determine the exact rate of tax annually, based on the District's estimated needs for revenue in the ensuing year. Under Ordinance 84-01, the maximum amounts which the Board is authorized to levy in any year are: Category ofPropertyMaximum Annual Tax Single Family Residential $ 90 Multiple Unit Residential $135 Commercial and Institutional $180 Miscellaneous Improved Property $ 90 There is no tax on unimproved property. The State of California's budget for Fiscal Year 1993-94 will reduce the amount of property tax revenues received by the District and will eliminate all State financial support. The District estimates that the combined effect will be a decrease of approximately $800, 000, reducing overall revenues by approximately 60 percent from last year. PROPOSAL Passage of this measure would increase the maximum amount that the Board is authorized to levy to the following: 119233.1 Category of Property Maximum Annual Tax Single Family Residential $210 Multiple Unit Residential $315 Commercial and Institutional $315 Miscellaneous Improved Property $210 Unimproved Property $ 63 The Board could establish the tax rates at levels lower than those now in effect and could increase one or more of them up to the amounts set out above. The amount of tax levied could not, however, exceed the maximum amounts established in the Ordinance without subsequent voter approval. The new maximum rates would become effective for the tax year that began on July 1, 1993 and would be collected in two installments: the first due at the end of December 1993 ; the second due on April 10, 1994 . In future years, both installments of the tax would be collected at the same times as property taxes, as in the past. Homeowners over 62 with incomes below certain levels may postpone payment of the special tax for as long as they own and live in their home. The additional revenues derived from an increase in the special tax could be used only for providing police protection. FISCAL EFFECT The actual fiscal effect will depend upon what changes to the existing rates of tax are made by the Board. If the Board were to increase the tax rates applicable to each of the five property categories to the maximum amounts authorized by this Ordinance, the District estimates it would receive approximately $270, 000 per year in additional revenue. 119233.1 1.65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1993 , by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson, NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Consolidating Election with ) RESOLUTION NO. 93/522 the Special Election; ) Date of Election: November 2 , 1993 ) Governing Board: City Council ) Public Entity: City of Antioch ) Type of Election: Landscape and ) Lighting Ballot Measure ) The Board of Supervisors of Contra Costa County RESOLVES THAT: The above-named governing board of the above-named public entity has ordered an election of the type specified above (consolidated election) to be held in (a portion of) the territory of said public entity on the date specified above, and has requested that said election be consolidated with the election to be held on said date. Therefore, this Board HEREBY RESOLVES THAT: 1. In accordance with Elections Code Sections 23300 et. seq. said elections are hereby consolidated and shall be held in all respects as though they were only one election; 2 . The returns of the consolidated election shall be canvassed by the County Clerk of the County of Contra Costa and when the results are ascertained, the County Clerk shall certify them to the above public entity; 3 . The County Clerk of Contra Costa County shall include in the sample ballots and official ballots submitted to the voters of the said public entity the measure or list of candidates to be voted on in the consolidated election; 4 . The County Clerk of Contra Costa County is authorized and directed to charge to the said public entity any additional expenses incurred by reason of this consolidation; 5. The Clerk of the Board is directed to forward a certified copy of this resolution to the County Clerk of Contra Costa County and the governing board of the above public entity. PASSED on August 17 , 1993 by unanimous vote of the Supervisors present. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 17, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy cc: County Administrator Clerk-Recorder Elections City of Antioch RESOLUTION NO. 93/159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH REQUESTING THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY TO CONSOLIDATE THE LANDSCAPE AND LIGHTING BALLOT MEASURE ELECTION OF SAID CITY TO BE HELD NOVEMBER 2, 1993 WITH THE ELECTION TO BE HELD ON THE SAME DAY WHEREAS, the City Council has commenced proceedings for the calling of a ballot measure election in the City to be held November 2 , 1993 ; and WHEREAS, it is desirable that said ballot measure election be consolidated vl-L— the November 2 , 1993 election, and that within the City, the precincts, polling places, and election officers for the two elections be the same, and that the Board of Supervisors canvass the returns of the City ballot measure election and said City ballot measure be held in all respects as if there were only one election; NOW, THEREFORE, BE IT RESOLVED by the Antioch City Council as follows: 1. That the Board of Supervisors of Contra Costa County be and it is hereby requested to consolidate the ballot measure election to be held in said City on November 2 , 1993 with the election to be held on said date. 2 . That the exact form of the measure to be voted upon at said ballot measure election as the same shall appear on the ballot. is as follows: Advisory Vote Only "Shall the Antioch City Council determine that all residential properties benefit equally from street lighting and park maintenance, thereby making a flat assessment of $115 . 00 per residential parcel, in each of the landscape and lighting districts, for the 1994-95 fiscal vear?" 3 . That a measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code. 4 . The said Board of Supervisors is hereby authorized to canvass the returns of said City ballot measure election, and that 1 said ballot measure election and said election be held in all respects as if there were only one election, and only one form of ballot shall be used. 5. That said Board of Supervisors is hereby requested to issue all officers of said County charged with duties pertaining to the November 2 , 1993 election instructions to take any and all steps necessary for the holding of such consolidated election. 6. That the City Clerk of said City is hereby directed to file a certified copy of this Resolution with the Board of.. Supervisors. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at an adjourned regular meeting thereof, held on the 3rd day of August, 1993 , by the following vote: AYES: Council Members Freitas, Rimbault, Rocha and Mayor Keller. NOES: Council Member Hernandez . ABSENT: None. CITY CLERK OF THE tTTY OF ANTIOCH 2 PNTOCN CP 94509 =_ = CITY HALL THIRD AND H PO 130 EC E IVE® (510)779-7009 DEPARTMENT OF THE CITY CLERK FAX(510)778-8178 Florence V.Rundoll,CMC TDD(510)757-5946 - 51993 August 5, 1993 f CLERK BOARD OF SUPERVISO CONTRA COSTA CO. Clerk,. Board of Supervisors ' Contra Costa County Post Office Box 911 Martinez CA 94553 Gentlemen: RE: Consolidated Election - November 2, 1993 Enclosed is a certified copy of our Resolution No. 93/159 Requesting the Board of Supervisors to Consolidate our Landscape and Lighting Ballot Measure Election with the November 2, 1993 Election. We appreciate your consideration of our request. Sincerely, F-DRENCE V. RUNOALL, CMC City Clerk R/Jc Enc. cc: Steve Weir, County Clerk William R. Galstan, City Attorney 1.65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1993 , by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson, NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Consolidating Election with ) RESOLUTION NO. 93/523 the Special Election; ) Date of Election: November 2, 1993 ) Governing Board: City Council ) Public Entity: City of Pittsburg ) Type of Election: Municipal Election ) The Board of Supervisors of Contra Costa County RESOLVES THAT: The above-named governing board of the above-named public entity has ordered an election of the type specified above (consolidated election) to be held in (a portion of) the territory of said public entity on the date specified above, and has requested that said election be consolidated with the election to be held on said date. Therefore, this Board HEREBY RESOLVES THAT: 1. In accordance with Elections Code Sections 23300 et. seq. said elections are hereby consolidated and shall be held in all respects as though they were only one election; 2 . The returns of the consolidated election shall be canvassed by the County Clerk of the County of Contra Costa and when the results are ascertained, the County Clerk shall certify them to the above public entity; 3 . The County Clerk of Contra Costa County shall include in the sample ballots and official ballots submitted to the voters of the said public entity the measure or list of candidates to be voted on in the consolidated election; 4 . The County Clerk of Contra Costa County is authorized and directed to charge to the said public entity any additional expenses incurred by reason of this consolidation; 5. The Clerk of the Board is directed to forward a certified copy of this resolution to the County Clerk of Contra Costa County and the governing board of the above public entity. PASSED on August 17, 1993 by unanimous vote of the Supervisors present. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 17, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy cc: County Administrator Clerk-Recorder Elections City of Pittsburg 1.65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1993 , by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson, NOES: None ABSENT: None ABSTAIN: None SUBJECT: Consolidating Election with ) RESOLUTION NO. 93/524 the Special Election; ) Date of Election: November 2 , 1993 ) Governing Board: City Council ) Public Entity: City of Orinda ) Type of Election: Municipal Election ) The Board of Supervisors of Contra Costa County RESOLVES THAT: The above-named governing board of the above-named public entity has ordered an election of the type specified above (consolidated election) to be held in (a portion of) the territory of said public entity on the date specified above, and has requested that said election be consolidated with the election to be held on said date. Therefore, this Board HEREBY RESOLVES THAT: 1. In accordance with Elections Code Sections 23300 et. seq. said elections are hereby consolidated and shall be held in all respects as though they were only one election; 2 . The returns of the consolidated election shall be canvassed by the County Clerk of the County of Contra Costa and when the results are ascertained, the County Clerk shall certify them to the above public entity; 3 . The County Clerk of Contra Costa County shall include in the sample ballots and official ballots submitted to the voters of the said public entity the measure or list of candidates to be voted on in the consolidated election; 4 . The County Clerk of Contra Costa County is authorized and directed to charge to the said public entity any additional expenses incurred by reason of this consolidation; 5. The Clerk of the Board is directed to forward a certified copy of this resolution to the County Clerk of Contra Costa County and the governing board of the above public entity. PASSED on August 17, 1993 by unanimous vote of the Supervisors present. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 17, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy cc: County Administrator Clerk-Recorder Elections City of Orinda IV .) 3 City ®f Pittsburg Civic Center • P.O. Box 1518 • Pittsburg, California 94565 RECE E® AUG 51993 OFFICE OF THE CI'T'Y CLERK BOARD OF SUPERVISORS 14CONTRAcoSTA CO. Au-ust 3, 1993 County of Contra Costa ELECTION DI�PAR7'MENT 524 Main Street Martinez, Califoriiia 94553 Attention: Bob Delevati. Dear Mr. Delevati: Enclosed please find certified copies of Resolutions 93-7977 and 93-7978. Sincerely, i tli I . Kelleher t ity Clerk enclosures u1 I �t League of California Cities Helen Purnam Award-1988 National Center for Public Productivity Exemplar),Award-1989 City of New Horizons State of California County of Contra Costa City of Pittsburg I, Dorothy Kelleher, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of Resolution 93-7977 on file in this office of said City. WITNESS, my hand and Official Seal this 3rd day of August 1993. CDorothy Kel er, Deputy Clerk for Lillian J. tde, City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF PITT=CL MBO In the Matter of:Calling a Municipal Election on ) RS Whether to Adopt Resolution No. 93- ) 7925 Approving a General Plan ) Amendment for a Transfer Station, ) Resolution No. 93-7977 and Requesting the Consolidation of ) the Election with Other Elections ) to be Held on the November 2, 1993 ) General Election Date ) The City Council of the City of Pittsburg resolves as follows: A. The City Council has been presented with a referendum petition concerning the Council's adoption . of a portion of Resolution 93-7925, which approved a general plan amendment to designate a Solid Waste Facility/Materials Recovery Facility and Transfer Station ("transfer station") on the general plan land use map, and to revise general plan guiding policy 2.8C to encourage industrial uses that assist in meeting environmental goals. B. The City Clerk has certified the referendum as containing sufficient valid signatures to require further Council action. C. Under Elections Code section 4055, the Council may either repeal that portion of Resolution 93-7925 which was described in the referendum petitions, or submit the -matter to a vote of the electorate. The City Council has determined that it is in the public interest to submit this matter to a public vote. D. The date of the next regular election in this state is November 2 , 1993 . (Elections Code section 2500 (4) . ) The City Council is authorized to submit a proposition to the voters at a regular election by resolution. (Elections Code section 22807 . ) E. The City Council is authorized to request and order the election to be consolidated with other elections to be held on the same day in the City. (Elections Code sections 23300, 23301. 5, 23302. ) NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordering Election. The City Council hereby calls and orders an election in the City of Pittsburg on November 2 , 1993 , to determine whether or not to adopt a portion of Resolution 93-7925 approving a general plan amendment for a transfer station in the City. RESOLUTION NO. 93-7977 PAGE 1 OF 3 2 . Form of Ballot Measure. The ballot measure for the election shall be . in the form attached as Exhibit "A" and incorporated here by reference, along with any technical changes deemed necessary and appropriate by the City Attorney. 3 . Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of this election in the City of Pittsburg to be held on November 2 , 1993 , .with any other election to be held on the same regular election date, under the authority of Elections Code sections 23300, et seq. - The consolidated elections shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election. (Elections Code section 23314 . ) 4 . Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a meeting held on August 2, 1993 by the following vote: a AYES: Members Canciamilla, Currie, Davis, Erbez , and Mayor Lewis. NOES: None. ABSENT: None. ABSTAINED: None. ROBERT T. LEWIS, Mayor ATTEST: L, LLIAN J(./PRIDE, City Clerk RESOLUTION NO. 93-7977. PAGE 2 OF 3 Hub-02-1993 17:35 FROM MIC--HAEL R. WOODS TO 1'5104390527 P.02 FXhibit fait BALLOT MEASURE TEXT: "Shall the resolution (Resolution No. 93-7925) be adopted approving a general plan amendment to allow a recycling center and transfer station in an existing industrial area away from residences for the purpose of recovering recyclables and processing solid waste for shipping to a landfill outside the City of Pittsburg?" RESMU=Off NO. 93-7977 Ph 3 OF 3 State of California County of Contra Costa City of Pittsburg 1, Dorothy Kelleher, do hereby certify that the hereto attached and foregoing document is a full, true and correct copy of Resolution 93-7978 on file in this office of said City. WITNESS, my hand and Official Seal th*s 3rd day of August 1993. Dorothy F.ide, , Deputy Clerk for Lillian J. City Clerk RECEIVED BEFORE THE CITY COUNCIL OF THE CITY OF PIT"IoBtw%-,N- — In the Matter of: AUG 5 1993 Calling a Municipal Election on ) CLERK BOARD OF SUPERVISORS Whether to Adopt Ordinance No. 93- ) CONTRA COSTA CO. 1062 Approving a Zoning Amendment ) for - a Transfer Station, and ) Resolution No. 93-7978 Requesting the Consolidation of the ) Election with other' Elections to be ) Held on the November 2, 1993 General Election Date The City Council of the City of Pittsburg resolves as follows: A. The City Council has been presented with a referendum petition concerning the Council's adoption. of Ordinance No. 93- 1062, which amended section 18.08. 100.B(5) of the Pittsburg Municipal code to replace "recycling center" with "solid waste facility/materials recovery and transfer station where designated by the General Plan. " B. The City Clerk has certified the referendum as containing sufficient valid signatures to require further Council action. C. Under Elections Code section 4055, the Council may either repeal Ordinance No. 93-1062, or submit the matter to a vote of the electorate. The City Council has determined that it is in the public interest to submit this matter to a public vote. D. The date of the next regular election in this state is November 2, 1993 . (Elections Code section 2500 (4) . ) The City Council is authorized to submit a proposition to the voters at a regular election by resolution. (Elections Code section 22807 . ) E. The City Council is authorized to request and order the election to be consolidated with other elections to be held on the same day in the City. (Elections Code sections 23300, 23301.5, 23302. ) NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordering Election. The City Council hereby calls and orders an election in the City of Pittsburg on November 2 , 1993 , to determine whether or not to adopt Ordinance No. 93-1062 approving a zoning amendment for a transfer station in the City. . 2. Form of Ballot Measure. The ballot 'measure for the election shall be in the form attached as Exhibit "All and incorporated here by reference, along with any technical changes deemed necessary and appropriate by the City Attorney. RESOLUTION No. 93-7978 PAGE 1 OF 3 3 . Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of this election in the City of Pittsburg to be held on November 2, 1993 , with any other election to be held on the same regular election date, under the authority of Elections Code sections 23300, et seq. The consolidated elections shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election. (Elections Code section 23314. ) 4 . Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a meeting held on August 2 , 1993 by the following vote: AYES: Members Canciamilla, Currie, Davis, Erbez & Mayor Lewis. NOES: None. ABSENT: None. ABSTAINED: None. n ATTEST: ROBERT T. LEWIS, Mayor r" L3L IAN J. R City Clerk RESOLUTION NO. 93-7978 PAGE 2 OF 3 35 FROM h11 C H 1EL R. I,JOOC�S Til i 51[1439052 i P.03 Exhibit "'An BALLOT MEASURE TEXT., "Shall the ordinance (Ordinance No. 93-1062) be adopted approving a zoning amendment to allow a recycling center and transfer station in an existing industrial area away from residences for the purpose of recovering recyclables and processing solid waste for shipping to a landfill outside the City of Pittsburg?" RESOLUTION NO. 43-7978 PBGS 3 or 3 TOTAL P.©3 1.65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 17, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson, NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Consolidating Election with ) RESOLUTION NO. 93/524 the Special Election; ) Date of Election: November 2 , 1993 ) Governing Board: City Council ) Public Entity: City of Orinda ) Type of Election: Municipal Election ) The Board of Supervisors of Contra Costa County RESOLVES THAT: The above-named governing board of the above-named public entity has ordered an election of the type specified above (consolidated election) to be held in (a portion of) the territory of said public entity on the date specified above, and has requested that said election be consolidated with the election to be held on said date. Therefore, this Board HEREBY RESOLVES THAT: 1. In accordance with Elections Code Sections 23300 et. seq. said elections are hereby consolidated and shall be held in all respects as though they were only one election; 2 . The returns of the consolidated election shall be canvassed by the County Clerk of the County of Contra Costa and when the results are ascertained, the County Clerk shall certify them to the above public entity; 3 . The County Clerk of Contra Costa County shall include in the sample ballots and official ballots submitted to the voters of the said public entity the measure or list of candidates to be voted on in the consolidated election; 4. The County Clerk of Contra Costa County is authorized and directed to charge to the said public entity any additional expenses incurred by reason of this consolidation; 5. The Clerk of the Board is directed to forward a certified copy of this resolution to the County Clerk of Contra Costa County and the governing board of the above public entity. PASSED on August 17, 1993 by unanimous vote of the Supervisors present. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 17, 1993 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By Deputy Je cc: County Administrator Clerk-Recorder Elections City of Orinda ORINDA 26 orindo way • orinda • colifornio 94563 • 415 • 254-3900 August 5, 1993 RECEIVED AUG - 5 1993 1 Mr. Phil Batchelor, Clerk of the Board CLER CON ARD COS ACO. �s Board of Supervisors Contra Costa County County Administration Building 651 Pine Street Martinez, CA 94553 Dear Mr. Batchelor: Enclosed are the following resolutions adopted by the Orinda City Council on July 27, 1993/August 3, 1993 calling a Special Election in the City of Orinda and requesting the Contra Costa County Board of Supervisors to order consolidation of the Special Election with other elections to be held on the November 2 , 1993 regular election date: Resolution No. 57-93 - referendum - amending the General Plan relating to development in Gateway Valley Resolution No. 58-93 - referendum - adoption of the Gateway Valley Specific Plan Resolution No. 53-93 - advisory measure - financing acquisition of of land in Gateway Valley for open space, park and recreational purposes. Resolution No. 61-93 - advisory measure - development consistent with existing zoning in Gateway Valley. The assistance of the County's Elections Department in carrying out this election process is appreciated. Sincerely, Thomas C Sinclair City Manager/City Clerk enc: (4) cc: Robert J. Delevati BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: (1) Calling a Special Municipal ) Election on Whether to Adopt ) Resolution No. 57-93 Resolution 35-93 Amending the ) General Plan Relating to ) Development of the Gateway Valley ) and (2) Requesting the ) Consolidation of the Special ) Election with Other Elections ) to be Held on the November 2, ) 1993 Regular Election Date ) 1. On May 26, 1993, the City Council adopted Resolution No. 35-93, the effect of which is to amend the Orinda General Plan relating to development of the Gateway Valley. 2 . On June 24 , 1993, a referendum petition was filed requesting that Resolution NO. 35-93 be repealed by the City Council or submitted to the voters at the next general or special election for which it qualifies. Thereafter, the County Clerk acting through its Election's Department on behalf of the City Clerk certified that the referendum petition has been signed by the requisite number of voters. The City Clerk has certified the results to the City Council. (Elections Code § 4054 . ) 3 . November 2, 1993 is the next regular election date in this state. (Elections Code § 2500 (4) . ) 4 . The City Council elects not to entirely repeal Resolution 35-93 and is therefore required to submit the resolution to the votersby calling a special municipal election and holding that. election on the November 2, 1993 election date. (Elections Code §§ 2653 , 4055, 22807 , 2650. ) 5. The City Council is authorized to request and order the election to be consolidated with other elections to be held on the same day and in the same territory. (Elections Code §§ 23300, 23301. 5, 23302 . ) NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordering Special Municipal Election. A special election is called and ordered held in the City of Orinda on November 2 , 1993 , to determine whether or not to repeal Resolution No. 35-93 Page 1 of 4 of Resolution No. 57-93 which amends the General Plan relating to development proposed for Gateway Valley. 2 . Form of Ballot Measure. The ballot measure for the special election shall state: "Shall City Council Resolution 35-93, which amends the Orinda General Plan relating to development in the Gateway Valley, be adopted?" (Elections Code S 10236) 3 . Deadline for Submittal of Ballot Arguments. 5:00 p.m. on August 13 , 1993 is the deadline for submission of arguments in favor of and arguments against this measure. If more than one argument for or against is received, the priorities established by Elections Code 5016 shall control. The City Clerk shall fix the date and publish it with the Notice of Election. (Elections Code S 5010 et seq. ) 4. Adoption of Procedure for Rebuttal Arguments. The provisions of Elections Code section 5014.5(a) are adopted and shall control the submission of rebuttal arguments. 5. Deadline for Rebuttal Arguments. The deadline for filing a rebuttal argument is 5: 00 p.m. , August 23 , 1993 . The City Clerk shall fix the date and publish it with the Notice of Election. (Elections Code section 5015. ) 6. - Impartial Analysis. The City Clerk is directed to transmit a copy of this measure to the City Attorney who shall prepare an impartial analysis of the measure for publication with the ballot arguments. The City Attorney shall submit the analysis by August 13 , 1993 . (Elections Code section 5011. ) 7. Majority Vote Required. If the measure receives approval by a majority of the voters voting at the election, the ballot measure is approved and Resolution 35-93 is adopted. (Gov. C. S 53723, Elections Code S 10236. ) 8. Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of the special election in the City of Orinda to be held on November 2, 1993, with any other election to be held on the same regular election date, under sections 23300 through 23314 of the Elections Code. The consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots Page 2 of 4 of Resolution No. 57-93 printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election. (Elections Code S 23314) 9. Notice. The City Clerk is directed to publish the notice required by Elections Code section 22835 and to consolidate the notice with the notice required by section 22831. 10. Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution and Resolution 35-93 at least 88 days before the date of the election. 11. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of orinda at a meeting held on July 27, 1993 by the following vote: AYES: COUNCILMEMBERS: Dabel, Guidotti, Hawkins, Wheatland, Landers NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4a—f-� Mayor ATTEST: City C 1 e rl-, Page 3 of 4 of Resolution No. 57-93 I, Thomas C. Sinclair, City Clerk of the City of Orinda, County of Contra Costa, State of California, hereby certify that the foregoing resolution was passed by the City Council of the City of Orinda at a meeting held on July 27 1993 , by the following vote: AYES: COUNCILMEMBERS: Dabel, Guidotti, Hawkins, Wheatland, Landers NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Witness my hand and the seal of this City this 27th day of July 1993 . Noma C. Sinclair, City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: (1) Calling a Special Municipal ) 58-93 Election on Whether to Adopt ) Resolution No. Resolution 36-93 Adopting the ) Gateway Valley Specific Plan ) and (2) Requesting the ) Consolidation of the Special ) Election with Other Elections ) to be Held on the November 2 , ) 1993 Regular Election Date ) 1. On May 26, 1993 , the City Council adopted Resolution No. 36-93 , the effect of which is to adopt the Gateway Valley Specific Plan. 2 . On June 24 , 1993 , a referendum petition was filed requesting that Resolution No. 36-93 be repealed by the City Council or submitted to the voters at the next general or special election for which it qualifies. Thereafter, the County Clerk acting through its Election's Department on behalf of the City Clerk certified that the referendum petition has been signed by the requisite number of voters. The City Clerk has certified the results to the City Council. (Election Code § 4054 . ) 3 . November 2, 1993 is the next regular election date in this state. (Elections Code § 2500 (4) . ) 4 . The City Council elects not to entirely repeal Resolution 36-93 and is therefore required to submit the resolution to the voters by calling a special municipal election and holding that election on the November 2 , 1993 election date. (Elections Code §§ 2653, 4055, 22807, 2650. ) 5. The City Council is authorized to request and order the election to be consolidated with other elections to be held on the same day and in the same territory. (Elections Code §§ 23300, 23301. 5, 23302 . ) NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordering Special Municipal Election. A special election is called and ordered held in the City of Orinda on November 2, 1993 , to determine whether or not to repeal Resolution No. 36-93 which adopts the Gateway Valley Specific Plan. Page 1 of 4 of Resolution No. 58-93 2 . Form of Ballot Measure. The ballot measure for the special election shall state: "Shall City Council Resolution 36-93 , which adopts the Gateway Valley Specific Plan, be adopted?" 3 . Deadline for Submittal of Ballot Arguments. 5:00 p.m. on August 13, 1993 is the deadline for submission of arguments in favor of and arguments against this measure. The City Clerk shall fix the date and publish it with the Notice of Election. If more than one argument for and/or against is received, the priorities established by Elections Code 5016 shall control. (Elections Code 5010 et seq. ) 4 . Adoption of Procedure for Rebuttal Arguments. The provisions of Elections Code section 5014.5(a) are adopted and shall control the submission of rebuttal arguments. 5. Deadline for Rebuttal Arguments. The deadline for filing a rebuttal argument is 5: 00 p.m. , August 23 , 1993 . The City Clerk shall fix the date and publish it with the Notice of Election. (Elections Code section 5015. ) 6. Impartial Analysis. The city Clerk is directed to transmit a copy of this measure to the City Attorney who shall prepare an impartial analysis of the measure for publication with the ballot arguments. The City Attorney shall submit the analysis by August 13 , 1993 . (Elections Code section 5011. ) 7. Maiority Vote Required. If the measure receives approval by a majority of the voters voting at the election, the ballot measure is approved and Resolution 36-93 is adopted. (Gov. C. 53723 . ) 8 . Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of the special election in the City of Orinda to be held on November 2, 1993, with any other election to be held on the same regular election date, under sections 23300 through 23314 of the Elections Code. The consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election. (Elections Code 5 23314 . ) Page 2 of 4 of Resolution No. 58-93 9. Notice. The City Clerk is directed to publish the notice required by Elections Code section 22835 and to consolidate the notice with the notice required by section 22831 . 10. Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution and Resolution 36-93 at least 88 days before the date of the election. 11. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Orinda at a meeting held on July 27 , 1993 by the following vote: AYES: COUNCILMEMBERS: Dabel, Guidotti, Hawkins, Wheatland, Landers NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor ATTEST: City Clerk Page 3 of 4 of Resolution No. 58-93 I, Thomas C. Sinclair, City Clerk of the City of Orinda, County of Contra Costa, State of California, hereby certify that the foregoing resolution was passed by the City Council of the City of Orinda at a meeting held on July 27, 1993 1993 , by the following vote: AYES: COUNCILMEMBERS: Dabel, Guidotti, Hawkins, Wheatland, Landers NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Witness my hand and the seal of this City this 27th day of July 1993 . T omas C. Sinclair, City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: (1) Calling a Special Municipal Election ) to Submit an Advisory Measure on Whether ) to Finance Acquisition of Land in the ) Gateway Valley for Open Space, Park and ) Recreational Purposes and (2) Requesting ) Resolution No. 53-93 the Consolidation of the Special Election ) With Other Elections to be Held on the ) November 2 , 1993 , Regular Election Date ) 1. The City Council wishes to submit to the voters an advisory measure regarding whether to finance the acquisition of land in the Gateway Valley for open space, park and recreational purposes. (Elections Code section 5353 . ) 2 . November 2, 1993 is the next regular election date in this state. (Elections Code §2500 (4) . ) 3 . The City Council is authorized to call a special municipal election and to hold that election on the November 2 , 1993 election date. (Elections Code §§2653 , 22807 and 2650. ) 4 . The City Council is authorized to request an order that the election be consolidated with other elections to be held on the same day and in the same territory. (Elections Code §§23300, 23301. 5, 23302 . ) NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordering Special Municipal Election. A special election is called and ordered held in the City of Orinda on November 2, 1993 , for the purpose of submitting an advisory measure regarding whether the City Council should be advised to institute proceedings to finance the acquisition of land in the Gateway Valley for open space, park and recreational purposes. 2 . Form of Ballot Measure. The ballot measure for the special election shall state: MEASURE TO BE VOTED ON ADVISORY VOTE ONLY "Shall the Orinda City Council seek voter approval to issue a general obligation bond, to acquire 978 acres of land in Gateway Valley for open space, park and recreational purposes? An appraisal estimates the value at $26,900, 000. The estimated per parcel additional property tax would be $125 per $100, 000 assessed valuation for 30 years. The tax -may vary depending upon the actual acquisition cost and other available funds. " 3 . Deadline for Submittal of Ballot Arguments. 5: 00 p.m. on August 13 , 1993 is the deadline for submission of arguments in favor of and arguments against this measure. The City Clerk shall fix the date and publish it with the Notice of Election. If more than one argument for and/or against is received, the priorities established by Elections Code 5016 shall control. (Elections Code §5010 et seq. ) 4 . Adoption of Procedure for Rebuttal Arguments. The provisions of Elections Code section 5014 .5 (a) are adopted and shall control the submission of rebuttal arguments. 5. Deadline for Rebuttal Arguments. The deadline for filing a rebuttal argument is 5:00 p.m. , August 23 , 1993 . The City Clerk shall fix the date and publish it with the Notice of Election (Elections Code section 5015. ) 6. Impartial Analysis. The City Clerk is directed to transmit a copy of this measure to the City Attorney who shall prepare an impartial analysis of the measure for publication with the ballot arguments. The City Attorney shall submit the analysis by August 13 , 1993 . (Elections Code section 5011. ) 5. Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of the special election in the City of Orinda to be held on November 2 , 1993 , with any other election to be held on the same regular election date, under sections 23300 through 23314 of the Elections Code. The consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election. (Elections Code §23314 . ) 8. Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. PASSED AND ADOPTED by the City Council of the City of Orinda at a meeting held on August 3 , 1993 , by the following vote: Page 2 of Resolution No. 53-93 AYES: COUNCILMEMBERS: Dabel, Guidotti, Landers NOES: COUNCILMEMBERS: Hawkins, Wheatland ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 4� Bobbie Landers, Mayor ATTEST: &tatas . S 'nc air, City Clerk Page 3 of Resolution No. 53-93 I, Thomas C. Sinclair, City Clerk of the City of Orinda, County of Contra Costa, State of California, hereby certify that the foregoing resolution was passed by the City Council of the City of Orinda at a meeting held on August 3 1993 , by the following vote: AYES: COUNCILMEMBERS: Dabel, Guidotti, Landers NOES: COUNCILMEMBERS: Hawkins, Wheatland ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Witness my hand and the seal of this City this 3rd day of August 1993 . homas . Sinclair, City Clerk BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: (1) Calling a Special Municipal Election to Submit an Advisory Measure on the Question of Whether or not to Permit a Development Consistent with Existing Zon- ing in the Gateway Valley & (2) Requesting) Resolution No. 61-93 the Consolidation of the Special Election With other Elections to be Held on the November 2, 1993, Regular Election Date 1. The City Council wishes to submit to the voters an advisory measure regarding whether or not to permit a development consistent with existing zoning in the Gateway Valley. (Elections Code section 5353) . 2 . November 2, 1993 is the next regular election date in this state. (Elections Code §2500(4) . ) 3 . The City Council is authorized to call a special municipal election and to hold that election on the November 2, 1993 election date. (Elections Code S§2653, 22807 and 2650. ) 4. The City Council is authorized to request an order that the election be consolidated with other elections to be held on the same day and in the same territory. (Elections Code S§23300, 23301. 5, 23302 . ) NOW, THEREFORE, BE IT RESOLVED THAT: 1. ordering Special Municipal Election. A special election is called and ordered held in the City of Orinda on November 2 , 1993, for the purpose of submitting an advisory measure regarding whether or not to permit a development consistent with the existing zoning in the Gateway Valley. a 2. Form of Ballot Measure. The ballot measure for the special election shall state: MEASURE TO BE VOTED ON ADVISORY VOTE ONLY "Shall the Orinda City Council amend the General Plan to permit development of the approximately 978 acre Gateway Valley lands, consistent with the zoning that was in place when Pacific New Wave purchased the lands? The property is zoned A-2, which allows one residential unit for each 5 acres of land, and other uses as specified in the City's zoning code for the A-2 zone." 3 . Deadline for Submittal of Ballot Arguments. 5:00 p.m. on August 13, 1993 is the deadline for submission of arguments in favor of and arguments against this measure. The City Clerk shall . fix the date and publish it with the Notice of Election. If more than one argument for and/or against is received, the priorities established by Elections Code 5016 shall control. (Elections Code §5010 et seq. ) 4. Adoption of Procedure for Rebuttal Arguments. The provisions of Elections Code section 5014. 5 (a) are adopted and shall control the submission of rebuttal arguments. 5. Deadline for Rebuttal Arguments. The deadline for filing a rebuttal argument is 5:00 p.m. , August 23, 1993 . The City Clerk shall fix the date and publish it with the Notice of Election (Elections Code section 5015. ) 6. Impartial Analysis. The City Clerk is directed to transmit a copy of this measure to the City Attorney who shall prepare an impartial analysis of the measure for publication with the ballot arguments. The City Attorney shall submit the analysis by August 13 , 1993 . (Elections Code section 5011. ) 5. Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of the special election in the City of Orinda to be held on November 2, 1993, with any other election to be held on the same regular election date, under sections 23300 through 23314 of the Elections Code. The consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the, regularly scheduled election. (Elections Code §23314 . ) 8. Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. PASSED AND ADOPTED by the City Council of the City of Orinda at a meeting held on August 3 , 1993, by the following vote: Page 2 of Resolution No. 61-93 AYES: COUNCILMEMBERS: Dabel, Guidotti, Hawkins NOES: COUNCILMEMBERS: Wheatland, Landers ABSENT: COUNCILMEMBERS: None ABSTAIN: Councilmembers: None i Bobbie Landers, Mayor ATTEST: mas inclair, City Clerk Page 3 of Resolution No. 61-93 I, Thomas C. Sinclair, City Clerk of the City of Orinda, County of Contra Costa, State of California, hereby certify that the foregoing resolution was passed by the City Council of the City of Orinda at a meeting held on August 3 1993 , by the following vote: AYES: COUNCILMEMBERS: Dabel, Guidotti, Hawkins NOES: COUNCILMEMBERS: Wheatland, Landers ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Witness my hand and the seal of this City this 'ird day of August 1993 . Th mas Sinclair, City Clerk