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HomeMy WebLinkAboutMINUTES - 09131994 - 1.127 t F O Z2 / THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 13, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ SUBJECT: Consolidate election of City of El Cerrito, Kensington Fire Protection District, and the City of Richmond IT IS BY THE BOARD ORDER that the County Clerk is authorized to consolidate the election of the City of El Cerrito, Kensington Fire Protection District, and the City of Richmond with the November 8, 1994, General Election. 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 n t date shown. ATTESTED: I3.tq L, PHIL BATCHIELOR, Clerk of the Board of Supervisors and County Administrator Deputy cc: County Clerk - Elections .-..'.,,--. �✓.. .- .._..,--.-._ -.-..�.r ..`Y,,rJW+-.t+�'�:�✓'+f.a � �..Y..-_ .- �. •.�• ..�,...�.-.:rW-^.-.�-.�.f..n R�. , , ...3r:,4 i,ry:-:;:' .^`4�`., ..`.. . ., ..a.,,, •.:Y .., On-17 C^ city I eI C@f'rltO. LETTER OF TRANSMITTAL RECEIVE® 8/10/94; 10890 San Pablo Ave. EI Cerrito.CA 94530 AUG I 0 1994 TO:_ rnNTRA COSTA coiTNTY r.T,RRK CLFRK BOARD OF SUPERVISORS . � /CONTRA COSVECO. SRicial -Municipal and MITNTY 'ROARn OF 91TPFRV7SORS -5J J��"� consolidated with General Election on 11/8/94 for measure on Redev. Ply s Certified copies . WE ARE SENDING YOU THE ATTACHED: [ ] Ordinance No. [ ] Agreement/Contract [ ] [xx] Resolution No. 94-80 [ ] Deed/Easement, dated: THESE ARE TRANSMITTED as checked below: [ J For you execution. Please return copies fully executed to the undersigned. For your file. [ ] For recording by you.. Following recordation, please return to this office for official file.. �xj For your information. [ ] COPIES DATE NO. DESCRIPTION REMARKS: ` Very tri ly yours, da M. Giddin s CITY CLERK CC-100 MAR 83 WHITE -ADDRESSEE CANARY -CITY CLERK PINK-ORIGINATING DEPARTMENT lg RESOLUTION NO. 94-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CALLING FOR A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING THE REDEVELOPMENT PLAN AMENDMENT TO THE VOTERS, REQUESTING THE COUNTY TO CONSOLIDATE THIS ELECTION WITH THE GENERAL STATEWIDE ELECTION AND TO PROVIDE THE SERVICES OF THE COUNTY CLERK IN CONDUCTING THE ELECTION AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS WHEREAS, the City .Council of the City of E1 Cerrito adopted Ordinance No. 94-4 amending the E1 Cerrito Redevelopment Plan as a guide to future redevelopment activities within the City of E1 Cerrito; and WHEREAS, the City Council determined that this amendment shall not go into effect until Ordinance No. 94-4 is approved by a majority of the voters voting on this amendment at a special municipal election to be held on Tuesday, November 8, 1994; and WHEREAS,, the City costs for this special municipal election will be reduced considerably if the special election is consolidated with the statewide general election which will be held on November 8, 1994. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City .of E1 .Cerrito that: 1. A special municipal election is hereby called and shall be held in the City of El Cerrito on Tuesday, November 8, 1994 for the purpose of submitting to the qualified voters of the City of El Cerrito the measure specified in the following section. . 2 . The exact form of the measure to be voted on shall request the qualified voters of the City of E1 Cerrito to specify "Yes" or "No" to the following: MEASURE: REDEVELOPMENT PLAN AMENDMENTS Shall the E1 Cerrito Redevelopment Plan be amended as provided for in, Ordinance No. 94-4 to permit the El Cerrito Redevelopment Agency to continue to undertake redevelopment activities? 3 . Pursuant to California Elections Code Section 23302, the Board of Supervisors of Contra Costa County is hereby requested to consent and agree to the consolidation of this special municipal election with the statewide general election which will also be held on Tuesday, November 8, 1994 . 1 4. Pursuant to California Elections Code Section 22003 , the Board of Supervisors of Contra Costa County is hereby requested to permit the Contra Costa County Clerk to provide such services as -may be necessary to properly and lawfully conduct and hold the special municipal election in the City of E1 Cerrito on November 8, 1994, including, but not limited to; the providing and printing of ballots and polling cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. 5. The Board of Supervisors of Contra Costa County is hereby authorized and directed to canvass the returns of the special municipal election to be held in the City of E1 Cerrito on November 8, 1994, and to certify such canvass to the City Council of the City of El Cerrito. 6. The polls for this election shall be opened at 7: 00 a.m. of the day of this election, and shall remain open continuously until 8 : 00 p.m. of the same day, when the polls shall be closed except as provided in Section 14301 of the California Elections Code. 7. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for the holding of municipal elections. 8. The E1 Cerrito City Clerk is hereby authorized to certify to the County of Contra Costa that any and all necessary costs and expenses incurred by the Clerk of the County of Contra Costa in conducting this special municipal election on November 8 , 1994 shall be reimbursed in full by the 'City of El Cerrito upon the presentation of statements therefor. 9. The E1 Cerrito City Clerk is directed to give further or additional notice of the special municipal election in the time, form and manner required by law. 10. The City Council authorizes Mayor Jane A. Bartke and Councilmember W. Mae Ritz, with such citizens and organizations as they may choose, to file a written argument in favor of the City measure in accordance with California Elections Code Section 5013 . 11. Arguments for or against the City measure shall not be longer than 300 words in length and shall be submitted to the E1 Cerrito City Clerk no later than 4: 00 p.m. on August 19, 1994 . 12 . The City Council hereby adopts the provisions of California 'Elections Code Section 5014, subd. (a) . Pursuant to that section, rebuttal arguments shall be permitted provided that the rebuttal arguments do not exceed 250 words in length and provided that these rebuttal arguments are submitted to the E1 Cerrito City Clerk no later than 4: 00 p.m. on August 29, 1994 . 2 13 . The El Cerrito City Clerk is hereby directed to submit to the City Attorney a certified copy of the City measure. The City Attorney is hereby directed to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and existing operations. The City Attorney shall submit this to the Registrar of Voters, or other appropriate officer of the County of Contra Costa, for printing by August 19, 1994. This analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the California Elections Code. 14. The E1 Cerrito City Clerk is hereby directed to file with the Board of Supervisors of Contra Costa County and with the Contra Costa County Clerk a certified copy of this Resolution, and to take all other actions necessary to effectuate the directives of this Resolution. I certify that at a regular meeting on July 25, 1994, the E1 Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: Jellison, Kosel, La Force, Ritz, Bartke NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Linda Giddings;' City Clerk APPROVED: ne A. Bartke, Mayor E94&9 4,�RTIFIEDA TTRUE COP'��--- ..yam.-.:DA M. GIDDINGS, erk of the City of'El Cerrito, CA 3 RECEIVE® RESOLUTION NO. 1994-3 AUG 1 11994 KENSINGTON FIRE PROTECTION DISTRICT CLERK BOARD OF SUPERVISORS ti CONTRA COSTA CO- RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE DISTRICT THE QUESTION OF ESTABLISHING THE DISTRICT'S APPROPRIATIONS LIMIT UNDER ARTICLE XIIIB OF THE . CALIFORNIA CONSTITUTION; FIXING THE DATE OF 'SAID ELECTION; AND PROVIDING FOR CONSOLIDATION OF SAID ELECTION WHEREAS, Article XIIIB of the California Constitution provides that the appropriations limit otherwise applicable to a governmental entity may be changed by the electors of such entity, subject to and in conformity with constitutional and statutory voting requirements; and WHEREAS, the Board of Directors believes that it would be in the best interests of the peace and safety of the residents of the Kensington Fire Protection District (the "District") for the appropriations limit for Fiscal Year 1994-1995 to be established by the voters for the District and for the appropriations limit for the ensuing three years to be determined accordingly; and WHEREAS, a statewide general election will be held on November 8, 1994. . NOW, ,THEREFORE, BE IT RESOLVED by the Board of Directors of the' Kensington Fire Protection District as follows: Section 1. An election (the "election") is hereby ordered and called and will be held in the District on Tuesday, November 8, 1994, 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 and who are duly qualified electors residing within the District: Shall the appropriations limit of the Kensington Fire Protection District for Fiscal Year 1994-1995 be established at $ , roo, ©Dj•do and should the limit for that Fiscal Year (i.e. , $ � �'��, Udo. av ) be ,used to determine the limits for Fiscal Years 1995- 96 through 1997-98? Section 2. The election -shall be and is hereby consolidated, pursuant to law, with the statewide general election to be held on November 8, 1994, and the election precincts, polling places and officers of election within the area of the District for the election shall- be the same as those selected and designed by the County Clerk of Contra Costa County p 183724.1 <` z-Y,Qk sa d statewide. general. election and set forth or to be set forth in the order, if and when made, of the County Clerk . .designating the precincts and polling places for said. statewide — el:eptioi-"and' on file in his office, to which order reference is hereby made for the designation of the precincts, polling places and officers of the election hereby called. All proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the said statewide election. Section 3. This resolution shall also constitute a request to the Board of Supervisors of Contra Costa County and to the County Clerk to consolidate the election called by the Board with the statewide general election on November 8, ,1994. Section 4. An impartial analysis of the measure as provided for in Section 3781 of the California Elections Code shall be prepared by the Districts's Attorney. PASSED AND ADOPTED this g of August, 1994, by the following vote:, AYES: 3 NOES: C ABSENT: '— Presiden ,//Board of Directors Kensington i e Protection District ATTEST: Secretar of S —District 183724.1 RESOLUTION NO. 1994-4 KENSINGTON FIRE PROTECTION DISTRICT RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION 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 8, 1994 .WHEREAS, the Board of Directors of the Kensington Fire Protection District has called for a special election to be held within the District on Tuesday, November 8, 1994, by their Resolution No. 94-3 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION 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; • Canvass of election and certification to the District on the results of the canvass. 183721.1 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 day of August, 1994, by the following vote: AYES: 3 NOES: ABSENT: 001, President/ Board of Directors Kensington ire Protection District . ATTEST: Secretary of Ste, —District 183721.1 -2- la7 Office of EULA M. BARNES City Clerk MAP* City of A August 10, 1994 RECEIVED AUG 1 11994 CLERK BOARD OF SUFthv,Surto Chief Clerk of the Board of Supervisors CONTRA COSTA CO. Ms. Jeanne Maglio County Administration Building, Rm. 106 651 Pine Street Martinez, CA.94553 Dear Ms. Maglio: Enclosed is a certified copy of Resolution No. 158-94, adopted by the Richmond City Council on Monday, August 8, 1994, calling for a Special Election to submit a proposed Charter Amendment to the City Voters. If there are questions, please call me at (510) 620-6513. Very truly yours, i Eula M. Barnes City Clerk emb Enclosure: Res. No. 158-94 2600 Barrett Ave. P.O. Box 4046 Richmond California 94804 telephone: 415.620-6513 RESOLUTION NO. 158-94 RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, PROPOSING AN AMENDMENT OF THE RICHMOND CITY CHARTER AND CALLING A SPECIAL ELECTION TO SUBMIT THE PROPOSED AMENDMENT TO THE CITY VOTERS BE IT RESOLVED by the Council of the City of Richmond, California, as follows: Section 1 . A Charter Amendment Election is andfor said City is hereby called to be held in said City on Tuesday November 8, 1994, on the following charter amendment submitted by the City Council : "Shall the Charter of the City of Richmond be amended to permit five members of the City Council to make an appointment to fill a vacancy on a City board, commission or committee if the Mayor fails to make the appointment within 60 days after the vacancy occurs or if two candidates for appointment submitted by the Mayor for the same vacancy are not concurred in by the City Council, whichever occurs first?" ; . Section 2 . The City Clerk of the City of Richmond is hereby ordered and directed to cause said proposed charter amendment to be printed and to mail a copy of said charter amendment to all registered voters in the City of Richmond with their sample ballots in substantially the form set forth in Exhibit A, attached hereto. Section 3. (a) Said Charter Amendment Election shall be consolidated with the General Election to be held within said City on November 8, 1994 . The election precincts, polling places and voting booths within said City for said Charter Amendment Election shall in every case be the same as the election precincts, polling places and voting booths established for the General. Election and the election officers for said Charter " ' Amendment Election shall be the same as those selected and::designated or to be selected and designated for the General Election. (b) Said Charter Amendment Election shall be held and conducted, and the votes thereof canvassed, and the returns thereof made, all in accordance with the general election laws of the State of California and the Charter an& ordinances of said City. (c) All persons qualified to vote at municipal ; elections in said City upon the date of said Charter ; Amendment Election shall be .qualified to vote. (d) The polls for said Charter Amendment Election shall be opened at 7 : 00 a.m. of the day of the election and.. shall remain open continuously from said time until 8 : 00 p.m. of the day of the election, when said polls shall be closed. (e) Said Council shall meet forthwith after the canvass of the returns of said Charter Amendment Election and' shall state in the, minutes o� such meeting the results of said Charter Amendment 'Election as ascertained by said canvass . Section 4 . The City Clerk of the City of RichmdfRi-- is hereby authorized to sign a Notice of Election and Notice of Measure To Be Voted On in substantially the following form: 0 ,NOTICE OF ELECTION AND NOTICE OF MEASURE TO BE VOTED ON NOTICE IS HEREBY GIVEN that the following measure is to be voted on at the Charter Amendment Election' to be held in the City of Richmond, on Tuesday, the 8th day of November, 1994: City of Richmond Charter Amendment Shall the Charter of the City of Richmond be amended to permit five members of the City Council to make an FOR THE appointment to fill a vacancy on a City board, AMENDMENT commission or committee if the Mayor fails to make the appointment within 60 days after the vacancy occurs or if two candidates for AGAINST THE appointment submitted by the Mayor for the AMENDMENT same vacancy are not concurred in by the City Council, whichever occurs first? Said Charter Amendment Election has been consolidated with the General Election to be held in the City of Richmond on November 8, 1994. The election precincts within the City of Richmond for said Charter Amendment Election shall be the regular election precincts established for said General Election, and the polling places and officers of election within the City of Richmond for said Charter Amendment Election shall be the same as those selected and designated or to be selected and designated for said General Election. The polls will be opened between the hours of 7:00 a.m. and 8:00 p.m. BY ORDER OF THE CITY COUNCIL OF THE CITY OF RICHMOND. Dated: AUGUST 10, 1994 EULA M. BARNES Clerk of the City of Richmond (SEAL)" The Clerk of the City of Richmond is hereby authorized and directed to publish said Notice of Election and Notice of Measure To Be Voted On in the WEST COUNTY TIMES, a newspaper of general circulation circulated within the City of Richmond, in accordance. with: the provisions of Section 22835 of the Elections; Code of the State of California. 2 Y e I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond, California, at a special meeting thereof held August 8, 1994, by the following vote: AYES: Councilmembers Washington, Rogers, Anderson, McMillan, Powers, and Griffin. NOES: Councilmember Niccolls and Mayor Corbin. ABSTENTIONS: Councilmember Marquez. ABSENT: NONE EULA M. BARNES Clerk of the City of Richmond (SEAL) APPROVED: ROSEMARY M. CORBIN MAYOR Cert ied .as a True Copy APPROVED AS TO FORM: CLE'R "O= -SNE LIST OF MALCOLM HUNTER CITY ATTORNEY t EXHIBIT A PROPOSED AMENDMENT TO SECTION 2 (c) OF ARTICLE III-A OF THE RICHMOND CITY CHARTER Section 2 (c) , Appointments and Removals . The Mayor shall have the authority at any regularly scheduled meeting of the City Council to make appointments to or removals from all City boards, commissions and committees with the concurrence of at least four (4) other members of the City Council . The Mayor shall make an appointment to `fill any vacancy within sixty (60) days after the vacancy occurs . In the event that the Mayor fails to make such appointment within said sixty (60) day period or ' that two candidates submitted by the Mayor for appointment for the same vacancy are not concurred in by at least four (4) other members of the City Council, whichever occurs first, then, in addition to the authority of the Mayor to make appointments, any member of . the City Council may nominate a candidate for appointment to fill that vacancy, and that candidate shall be appointed to fill that vacancy if at least five (5) members of the City Council approve the appointment . (Note: The language underlined above would be added. )