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HomeMy WebLinkAboutMINUTES - 08131996 - C80 C. 80 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 13. 19% by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None ------------ SUBJECT: Election Consolidation As requested by Resolution No. 1996-8-204, East Bay Regional Park District; Resolution No. 1996-8-203 , East Bay Regional Park District; Resolution 96-8334 , City Council of the City of Pittsburg; Resolution 96-7, Board of Directors of the Mt . Diablo Medical Center; Resolution 96-6, Board of Directors of the Mt . Diablo Medical Center; Resolution No. 957, Alameda-Contra Costa Transit District; and Resolution No. 96-98, City Council of the City of San Pablo, IT IS BY THE BOARD ORDERED that the County Clerk is AUTHORIZED to consolidate the above requested elections with the November 5, 1996, General Election. hereby cefft fret this Is a tree and awma d an aetlon udwn and entered on the a�mAN o I: board of t3up sore on fie d sti, ATTESTED PHIL .GNkof bow um � J cc : County Clerk Elections East Bay Regional Park District City of Pittsburg Mt . Diablo Medical Center AC Transit City of San Pablo EAST BAY REGIONAL PARK DISTRICT ReCE ED RESOLUTION NO. 1996-8-203 0 . 096 August 6, 1996 Op g?PEISOR`' KCso OA{�{fRACo OVAL OF RESOLUTION ORDERING AND GIVING NOTICE OF AN ELECTION TO BE HELD IN THE EAST BAY REGIONAL PARK DISTRICT FOR THE PURPOSE OF SUBMITTING A MEASURE TO THE VOTERS TO ADOPT A RESOLUTION APPROVING A SPECIAL ASSESSMENT FOR THE ALAMEDA COUNTY-CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING DISTRICT (A/CC-1) AND REQUESTING THE BOARDS OF SUPERVISORS OF ALAMEDA AND CONTRA COSTA COUNTIES TO CONSOLIDATE -THE DISTRICT ELECTION WITH THE STATEWIDE GENERAL ELECTION BEING HELD ON NOVEMBER 5, 1996, AND RELATED MATTERS BE IT RESOLVED by the Board of Directors of the East Bay Regional Park District, California, as follows : 1 . A general election is hereby ordered and called to be held in the East Bay Regional Park District, State of California, on Tuesday,, November 5, 1996, for the - purpose of submitting a measure 'to the voters in the District with the exception of the voters in the following two areas ("Two- Areas") : (a) the "Livermore/ Murray Township area (located in Alameda County) which was annexed to the District in 1992; and (b) East Contra Costa .County 'Landscape and Lighting District No. 1 (located in Contra Costa County) . , 2 . The Boards of Supervisors of Alameda and Contra Costa Counties are hereby respectfully requested to conduct such an election on .behalf of the District. 3 . The Board of Directors requests that said general election be consolidated with the Statewide General Election to be held on Tuesday, November 5, 1996, pursuant to Elections Code section 10403. 4 . The election to be held in the District and all matters pertaining thereto shall be conducted in accordance with the general election laws of the State 'of California, as may be applicable to the District. 5. Pursuant to the California Elections Code, including section 9342, the Board of Directors submits a measure to the voters in the District (excluding the Two Areas) in the form set forth in the following paragraph, to be voted upon at the November 5, 1996 election. CERTIFICATION 1 I, Debra L.Fassler,Clerk of the Board of Directors of the East Bay Regional Park District,do hereby certify that the above and foregoing is,a full,true and correct copy of Resolution 1996-0&203 and adopted by the Board of Directors at a regular meeting held on August 6,1996 6. The question to appear on the ballots to be used at the election shall read as follows: Shall a resolution be adopted which YES approves and continues the existing East Bay Regional Park District assessment (A/CC-1) to fund maintenance NO and park ranger patrols for over 1, 000 miles of regional trails in Alameda and Contra Costa Counties at no increase in- the current rate (in the maximum amount of $5.44 per parcel, $2 .72 per apartment, per year) ? 7. The resolution to be enacted by the voters pursuant to section 6 above shall be in the form set forth in Exhibit A attached hereto. 8 . The Boards of Supervisors of Alameda and Contra Costa Counties are hereby authorized and requested to canvass the returns of said East Bay Regional Park District election with respect to votes cast within said counties for this election and to certify the results of said election to the Board of Directors of the East Bay Regional Park District when such results are available. 9. The East Bay Regional Park District election shall be held in all respects as one election and only one ticket or ballot shall be used thereat and the election precincts, polling places, voting booths and election officials shall be the same as for the Statewide General Election. 10. Notice of the election called by this resolution shall be given by publication of such notice in a newspaper of general circulation published in the District, and such publication shall be deemed sufficient notice of said election (Election Code §12115) . 11 . Following canvass of the returns and certification of the results of the election by the Registrar of Voters/County Clerk and acceptance by the Boards of Supervisors of Alameda and Contra Costa Counties, a resolution of the results of the District election shall be adopted by the Board of Directors giving the total votes cast for and against the proposed measure. 2 12 . All other rules and regulations governed by the Elections Code for the conduct of the Statewide General Election on Tuesday, November 5, 1996, not specifically cited in this resolution shall be applicable to the District election. 13. The Alameda County Registrar of Voters and the Contra Costa County Clerk are requested and directed to cause the posting, publication and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California. 14 . The Clerk of the Board is directed to file a copy of this Resolution with the Alameda County and Contra Costa County Boards of Supervisors and to transmit a copy of this resolution to the Alameda County Registrar of Voters and the Elections Officer of Contra Costa County on or before August 9, 1996. 15. The Board authorizes the President of the Board to prepare a written argument, not to exceed 300 words, in favor of the ballot measure and authorizes Director Jocelyn Combs, Director Beverly Lane, Director Ted Radke, Director Jean Siri, Director Doug Siden, Director Carol Severin, and Director Susan Smartt to sign the argument. At the discretion of the President, the argument may also be signed by other registered voters, in which case the President shall determine which Directors shall sign the argument. 16. Funds to cover the District' s share of the election costs are included in the District' s General Fund Balance. 17 . This resolution shall be effective upon its adoption. Moved by Director Beverly Lane, seconded by Director Ted Radke, and adopted this 6th day of August, 1996, by the following vote: FOR: Directors Jocelyn Combs, Beverly Lane, Ted Radke, Doug Siden, Jean Siri, Susan Smartt, Carol Severin AGAINST: None ABSENT: None ABSTAIN: None C:\OFFICE\WPWIN\WPDOCS\LLD.RES 3 Ft.cFINED I EAST BAY REGIONAL PARK DISTRICT t $ 1 RESOLUTION NO. 1996-8-204 BQQ gUp�RYi�t�RS August 6, 1996 CQNTRA COS`�'a . APPROVAL OF RESOLUTION ORDERING AND GIVING NOTICE OF AN ELECTION TO BE HELD IN THE EAST BAY REGIONAL PARK DISTRICT FOR THE PURPOSE OF SUBMITTING A - MEASURE TO THE VOTERS TO ADOPT A RESOLUTION APPROVING A SPECIAL ASSESSMENT FOR THE EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING DISTRICT NO. 1 (ECCC-1) AND REQUESTING THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY TO CONSOLIDATE THE DISTRICT ELECTION WITH THE STATEWIDE GENERAL ELECTION BEING HELD ON NOVEMBER 5, 1996, AND RELATED MATTERS BE IT RESOLVED by the Board of Directors of the East Bay Regional Park District, California, as follows: 1 . A general election is hereby ordered and called to be held in the East Bay Regional Park District ("District") , State of California, on Tuesday, November 5, 1996, for the purpose of submitting a measure to the voters in the East Contra Costa County Landscape and Lighting District No. 1 . 2 . The Board of Supervisors of Contra Costa County is hereby respectfully requested to conduct such an election on behalf of the District. 3. The Board of Directors requests that said general election be consolidated with the Statewide General Election to be held on Tuesday, November 5, 1996, pursuant to Elections Code section 10403. 4 . The election to be held in the District and all matters pertaining thereto shall be conducted in accordance with the general election laws of the State of California, as may be applicable to the District. 5. Pursuant to the California Elections Code, including section 9342, the Board of Directors submits a measure to the voters in the East Contra Costa County Landscape and Lighting District No. 1 in the form set forth in the following paragraph, to be voted upon at the November 5, 1996 election. 1 CERTIFICATION I, Debra L. Fassler,clerk of the Board of Directors of the East Bay Regional Park District,do hereby certify that the above and foregoing is a full,true and erect copy of Resolution 1996-08-204 and adopted by�thre Board of Directors tattaa regular meeting held on August 6,1996 6. The question to appear on the ballots to be used at the election shall read as follows: Shall a resolution be adopted which YES approves and continues the existing East Bay Regional Park District assessment (ECCC-1) to fund maintenance and park ranger patrols of regional NO trails and parks in East Contra Costa County at no increase in the current rate (in the maximum amount of no more than $19.70 per residential unit per , year) ? 7 . The resolution to be enacted by the voters pursuant to section 6 above shall be in the form set forth in Exhibit A attached hereto. 8 . The Board of Supervisors of Contra Costa County is hereby authorized and requested to canvass the returns of said East Bay Regional Park District election with respect to votes cast within said county for this election and to certify the results of said election to the Board of Directors of the East Bay Regional Park District when such results are available. 9. The East Bay Regional Park District election shall be held in all respects as one election and only one ticket or ballot shall be used thereat and the election precincts, polling places, voting booths and election officials shall be the same as for the Statewide General Election. 10. Notice of the election called by this resolution shall be given by publication of such notice in a newspaper of general circulation published in the District, and such publication shall be deemed sufficient notice of said election (Election Code §12115) . 11 . Following canvass of the returns and certification of the results of the election by the Contra Costa County Clerk and acceptance by the Board of Supervisors of Contra Costa County, a resolution of the results of the District election shall be adopted by the District Board giving the total votes cast for and against the proposed measure. 2 12 . All other rules and regulations governed by the Elections Code for the conduct of the Statewide General Election on Tuesday, November 5, 1996, not specifically cited in this resolution shall be applicable to the District election. 13. The County Clerk is directed to cause the posting, publication and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California. 14 . The Clerk of-- the Board is directed to file a copy of this Resolution with the Contra Costa County Board of Supervisors and to transmit a copy of this resolution to the Elections Officer of Contra Costa County on or before August 9, 1996. 15. The Board authorizes the President of the Board to prepare a written argument, not to exceed 300 words, in favor of the ballot measure and authorizes Director Jocelyn Combs, Director Beverly Lane, Director Ted Radke, Director Jean Siri, Director Doug Siden, Director Beverly Lane and Director Susan Smartt to sign the argument. At the discretion of the President, the argument may also be signed by other registered voters, in which case the President shall determine which Directors shall sign the argument. 16. Funds to cover the District' s share of the election costs are included in the District's General Fund Balance. 17 . This resolution shall be effective upon its adoption. Moved by Director Ted Radke, seconded by Director Jean Siri, and adopted this 6th day of August, 1996, by the following vote: FOR: Directors Jocelyn Combs, Beverly Lane, Ted Radke, Doug Siden, Jean Siri, Susan Smartt, Carol Severin AGAINST: None ABSENT: None ABSTAIN: None C:\OFFICE\WPWIN\WPDOCS\CC.RES 3 EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO. 1996---- A 996- -A RESOLUTION APPROVING THE 1996/97 SPECIAL ASSESSMENT FOR EAST CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (ECCC-1) BE IT RESOLVED by the People of the East Bay Regional Park District, California, that WHEREAS, the Board of Directors of the District by Resolution No. 1996-6- 163 approved the diagram and assessment and levied an assessment for fiscal year 1996-97 for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) in the following amounts (hereafter referred to as "The 1996/97 Assessment") :. --single family unit on a single parcel (home, condominium, townhouse, mobile home) -- $19.70 per unit --two or more residential units, to a maximum of four residential units, on a single parcel (homes, duplex, triplex, mobile home) -- $19.70 per unit --multiple living units (apartments) of five living units or more -- $9. 85 per unit --living units in hotels, motels, and mobile home parks -- $4 . 92 per unit --50$ discount for senior citizens whose annual income is below the State defined poverty level; WHEREAS, said diagram and The 1996/97 Assessment have been entered on the county assessment roll by the County Auditor in accordance with Streets and Highways Code section 22645; WHEREAS, the amount of The 1996/97 Assessment is the same as the initial assessment in fiscal year 1992/93; and WHEREAS, the District was required by the Landscape and Lighting Act of 1972 and the Brown Act to comply with certain procedural requirements prior to levying the assessment for fiscal year 1996/97; 1 Exhibit A (ECCC-1) WHEREAS, an initiative (Proposition 218/Right to Vote on Taxes Act) was considered by the electorate at the November 5, 1996 statewide general election to add Article XIIID to the Constitution which will impose additional procedural requirements on the District prior to levying any future assessments; WHEREAS, the additional procedural requirements of the initiative duplicate state law and impose additional costs on the District; WHEREAS, the initiative contains an exception from the additional procedural-requirements for an- assessment which has been approved by the voters; WHEREAS, the people, recognizing that The 1996/97 Assessment has been levied, wish to express their approval of The 1996/97 Assessment for the sole purpose of assuring that any assessment in future years in an amount up to and including the amount of The 1996/97 Assessment, as set forth above, will not be subject to the procedural requirements of section 4 of Article XIIID of the Constitution of the State of California. NOW, THEREFORE, THE PEOPLE of the East Bay Regional Park District resolve as follows: 1 . The 1996/97 Assessment, as set forth above, for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) is approved. 2 . Any assessment in the future in an amount up to and including the amount of The 1996/97 Assessment for the East Contra Costa County Landscaping and Lighting Assessment District No. 1 (ECCC-1) for the purpose of maintenance and operations of regional parks, trails and open space in East County is approved. APPROVED by the following vote of the people on November 5, 1996: ADOPTED by Declaration of the vote by the Board of Directors of the East Bay Regional Park District on 1996. FOR: AGAINST: ABSENT: ABSTAIN: 2 Exhibit A (ECCC-1) City of PittsburgEC RECEIVED Civic Center • P.O. Box 1518 • Pittsburg, California 94565 s lm D OF SiJMMSORS 0-nMMA COSTA CO. August 6, 1996 The Honorable Board of Supervisors Contra Costa County County Administration Building Martinez, Ca. 94553 Dear Supervisors: The City Council of the City of Pittsburg, on August 5, 1996, approved Resolution No. 96-8334, Calling a Special Election on a Measure Concerning Imposition of Assessments in the Citywide Landscaping and Lighting Assessment District and Requesting Consolidation of the Election with Other Elections to be held on November 5, 1996, General Election Date. A certified copy of this Resolution is enclosed. Your favorable consideration of the City' s request for Consolidation of Election with the November 5th election in order to place this Measure on the ballot would be appreciated. fllSierelyian J. Pride Assistant City Manager/ City Clerk LJP:j g Enclosure cc: Steve Weir, County Clerk Barbara Lee, Election Services Dept. California Healthy Cities Project National Center for Public Productivity Exemplary Award - 1993 City of New Horizons BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Calling a Special Election on a ) Measure Concerning Imposition of ) Assessments in the Citywide Landscaping ) Res. No. 96-8334 and Lighting Assessment District and ) Requesting Consolidation of the Election ) with Other Elections to be Held on the ) November 5, 1996, General Election Date ) The City Council of the City of Pittsburg does hereby find, determine and declare as follows: A. On June 14, 1996, Proposition 218, the "Right to Vote on Taxes Act" (the "Initiative") qualified for the ballot in the November 5, 1996 election. The Initiative proposes adding Articles XIIIC and XIIID to the State Constitution. B. If approved by the voters, the Initiative would affect all new or increased assessments, and certain existing assessments, requiring annual property owner approval to levy the assessment, whether or not an increase in the assessment is proposed. The Initiative contains exemptions for assessments imposed upon petition of a property owner and for assessments that have received prior voter approval. C. There are two existing landscaping and lighting assessment districts in the City of Pittsburg; namely the Oak Hills and the Citywide Assessment Districts. The Oak Hills District is exempt under the Initiative, since it was formed in 1988 in response to the written request of the owner of all of the property in that district at the time of formation, and the assessment was imposed at a time at which all property subject to it was under the ownership of the same requesting owner. D. If a majority of voters approves continuing assessments in the Citywide District, not to exceed current levels, at the November 5, 1996, general election, then those assessments would also be exempt from the Initiative. In calling the election described in this resolution, it is the City Council's express intent to qualify assessments under the Citywide District for the exemption contained in Section 5(d) of the proposed Initiative. E. In order to determine whether a majority of voters supports continuing assessments in the Citywide District beginning July 1, 1997, and continuing thereafter; to avoid the expense of annually preparing and mailing ballots to affected property owners under the Initiative, if passed; and to promote sound municipal financial planning regarding budget issues relating to City services provided to residents in the Citywide District; the City Council determines that it is appropriate to submit a ballot proposal to a vote of those electors of the Citywide District. F. The Council has the authority to submit a proposition to the voters under Elections Code section 10201, and other applicable law. G. The date of the next regular election in this state is November 5, 1996. H. The City Council is authorized to request and order that a municipal election be consolidated with other elections to be held on the same day in the City (Elections Code § 10400). NOW, THEREFORE, the City Council DOES RESOLVE: Section 1. Ordering Election. The City Council hereby calls and orders a special municipal election in the City of Pittsburg on November 5, 1996 for the purpose of submitting to the glectorate the measure described in Section 2 hereof. Section 2. Form of Ballot Measure. The measure for the ballot shall be in substantially the form as follows, along with any technical changes deemed necessary and appropriate by the City Attorney: "If Proposition 218, the 'Right to Vote on Taxes Act' is approved by California voters on November 5, 1996, then beginning July 1, 1997, and thereafter, should the City of Pittsburg continue to impose assessments not to exceed their present levels in the Citywide Landscaping and Lighting District 1988-01, for the purpose of improving, maintaining and beautifying the landscaping and lighting of city parks and facilities, medians, rights of way and streets?" Section 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 5, 1996, with any other election to be held on the same regular election date, including without limitation the statewide election, under the authority of Elections Code §§ 10400, et seq. RESOLUTION NO. 96-8334 PAGE 2 OF 3 Pn-0BUR\GENEBAL\RFSGENEL.002(CNL 100) 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 § 10403). The City recognizes that the County will incur additional election costs as a result of this resolution, and agrees to reimburse the County for such additional costs. In addition, the City Council adopts the provisions of Elections Code § 9285 (a) which allows for the filing and printing of rebuttal arguments'. Section 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. Section 5. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and adopted on the 5th day of August, 1996, by the following vote: 1 AYES: Councilmembers Anzini, Glover, Lewis, Quesada, and Mayor Canciamilla NOES: None ABSTAINED: None ABSENT: None os anciamilla, Mayor ATTE T: Lill' J. Pride, i lerk RESOLUTION NO. 96-8334 PAGE 3 OF 3 Pn-MBUR\GENERAL\RESGENEL.002(CNL 100) STATE OF CALIFORNIA COUNTY OF CONTRA COSTA CITY OF PITTSBURG I, Janet Gunter Deputy City Clerk in and for said City of Pittsburg, County of Contra Costa, State of California, do hereby certify that the hereto attached and foregoing paper is a full, true and correct copy of Resolution No. 96-8334 now on file in this office of said City now in my custody. WITNESS, my hand, and Official Seal, this 6th day of August 1996 Deputy i Clerk in and for the City of P' ttsburg, Contra Costa County, alifornia f Michael L. wan MT. DIABLO MEDICAL CENTER Board of Directors President&Chief Executive Officer Mary Louise Mahoney Chair Ann Moriarty Vice Chair RECEIVED Ronald E.Leone August 6, 1996 Secretary/Treasurer .- L` R.Isabelle Chenoweth,R.N. V Director Grace Ellis CLERK BOARD OF SUP RVISM Director Jeanne Maglio, Clerk of the Board CONTRA COSTA CO. Board of Supervisors Contra Costa County 651 Pine St., Room 106 Martinez, CA 94553 RE: CALL FOR ELECTION AND CONSOLIDATION RESOLUTION 96- and RESOLUTION TO APPROVE THE COMMUNITY BENEFIT AGREEMENT FOR THE TRANSFER AND MERGER OF CERTAIN DISTRICT ASSETS TO A NON-PROFIT CORPORATION, 96-6 Dear Ms. Maglio: Enclosed please find copies of the following Resolutions, which were approved by the Mt. Diablo Health Care District Board of Directors at their meeting of August 1, 1996: 96-6: Resolution to Approve the Community Benefit Agreement for the Transfer and Merger of Certain District Assets to a Non-Profit Corporation. 96-7: Call for Election and Consolidation Please let me know if you should you have any questions,please do not hesitate to contact me at(510) 674-2003. Sincerely, +Sherrya y, BA, CMSC Executive Assistant ADMINISTRATION sb/ Enclosure as Noted 2540 East Street,Concord,CA 94520 510-682-8200 P.O. Box 4110,Concord,CA 94524-4110 Operated by the Mt.Diablo Health Care District vRECEIVED BEFORE THE BOARD OF DIRECTORS OF THE — 6 MT. DIABLO MEDICAL CENTER CLERK BOA 6OF SUPERVISORS CONTRA COSTA CO. RESOLUTION 96- CALL FOR ELECTION AND CONSOLIDATION / The Board of Directors of the Mt. Diablo Health Care District does hereby resolve as follows: RESOLVED, that pursuant to the authority contained in Section 32121(p) of the Health & Safety Code of the State of California, the Board of Directors of the Mt. Diablo Health Care District does hereby call for an election of the votes of this District to be held in November, 1996, to approve a measure proposing the transfer of District Assets pursuant to the Community Benefit Agreement dated as of August 1, 1996, and does hereby determine and fix the date of the election as the 5th day of November, 1996, which date being the first Tuesday after the first Monday in November, 1996, which measure shall read and appear on the ballot as follows: "To maintain Mt. Diablo Medical Center and assure access to high quality local healthcare services, including local emergency services, shall the action of the Mt. Diablo Health Care District Board for transfer, and all arrangements necessary, of District assets to a locally controlled, non-profit corporation to jointly operate the assets of the District and John Muir Medical Center, in accordance with Community Benefit Agreement and Resolution 96-6, adopted August 1, 1996, be approved?" BE IT FURTHER RESOLVED, that pursuant to Section 10403 of the California Elections Code, and Section 32121(p) of the Health& Safety Code, this Board does hereby notify the Board of Supervisors, and the County Elections Department, that this Board chooses to hold such election on the first Tuesday after the first Monday of November, 1996, and requests that the Board of Supervisors of the County of Contra Costa consolidate the aforementioned ballot measure of this District with the general election to be held throughout the County of Contra Costa on the 5th day of November, 1996. PASSED AND ADOPTED this 1 st day of August, 1996, by the following votes: AYES: Chenoweth, Ellis, Leone, Mahoney, Moriarty NOES: None ABSENT: None 1 RESOLUTION#96-7, Continued: a A66 Secretary of the Board of Directors of the Mt. Diablo Health Care.District Chair of the and of Directors of the Mt. Diablo IVealth Care District 2 RECEIVED BEFORE THE BOARD OF DIRECTORS OF THE i MT. DIABLO MEDICAL CENTER 6 CLERK BOARWOF SUPERVISORS CONTRA COSTA CO. RESOLUTION TO APPROVE THE COMMUNITY BENEFIT AGREEMENT FOR THE TRANSFER AND MERGER OF RESOLUTION 96-6 CERTAIN DISTRICT ASSETS TO A NON-PROFIT CORPORATION / WHEREAS, the advent of managed medical care has lead to declining patient volumes at Mt. Diablo Medical Center, as well as other hospitals throughout the state, including John Muir Medical Center, leading to mergers and affiliations among hospitals throughout the state and in the Bay Area; and WHEREAS, the changing nature of the delivery of health care and health care reimbursement has led many health care districts throughout the state to seek affiliations with other hospitals or large health care systems, including for-profit organizations; and WHEREAS, the Mt. Diablo Health Care District through its Board and management has considered a wide-ranging number of potential affiliations for this health care district and concluded that an affiliation with a health care organization based outside of Contra Costa County would result in the transfer of important health care services and programs from the Mt. Diablo Medical Center to facilities or providers based outside Contra Costa County; and WHEREAS, on April 1, 1996,this Board received, considered, and approved a Letter of Intent submitted by John Muir Medical Center proposing a merger, as equals, of the John Muir Medical Center and of the Mt. Diablo Medical Centers, and their related health care organizations, designed to satisfy the following objectives: • creating a Contra Costa based health care system in order to maintain the full continuum of services currently provided by both organizations, while assuring continued local access and local management. • to provide a stronger opportunity for jointly developing and expanding services needed in the local community. • to provide quality healthcare at a competitive price, while being better equipped as a combined organization to deal with health care costs. • to improve the health and quality of life of the communities served by both organizations. WHEREAS, since receipt and approval of the letter of intent, the District, through its Board and management,proceeded to negotiate a draft agreement to facilitate the proposed merger, which led to the publication of a Community Benefit Agreement, along with all arrangements related to the Community 1 RESOLUTION 96-6, Continued: Benefit Agreement, and thereafter held five public meetings at community forums throughout the District to receive public input on the terms of the Community Benefit Agreement; and WHEREAS, as a result of negotiations and public input, representatives of the District and John Muir Medical Center have negotiated the terms of the Community Benefit Agreement, dated as of August 1, 1996, in the form presented to the Board (the "Agreement") whereby the District will transfer specified assets to a non-profit public benefit corporation to operate and maintain the Mt. Diablo Medical Center and other District assets and the assets of John Muir Medical Center and its related organizations; and WHEREAS,the Board finds that the transactions contemplated by the Community Benefit Agreement are the best alternative to other affiliation arrangements, especially by maintaining the District's services and facilities in a non-profit setting; and WHEREAS, the Board finds that the transactions contemplated by the Community Benefit Agreement are necessary to provide for the continued maintenance and operation of the District's health care services and programs,thereby insuring availability to residents of the District of local emergency and hospital services, and has determined it to be in the public interest, in the best interests of the District, and in the best interests of the communities served by the District, and in furtherance of the purposes of the District, that the District enter into the Community Benefit Agreement and consummate the transactions contemplated by the Agreement. NOW, THEREFORE,the Board of Directors of the Mt. Diablo Health Care District hereby resolve: 1. That all the actions and findings of the Board described above are hereby severally ratified, confirmed, approved and adopted in all respects. 2. That the form, terms and provisions of the Community Benefit Agreement are hereby approved in all respects. 3. That the execution of the Community Benefit Agreement by the Chief Executive Officer is hereby authorized and approved. 4. That the Chair and Secretary of the Board and any person or persons designated and authorized to act by the Chair and Secretary are hereby authorized and directed to: (a) Prepare, or cause to be prepared, and/or approve and execute in accordance with, as contemplated by or as consistent with the terms of the Agreement, all exhibits, schedules, certificates, letters, agreements, papers and instruments and other documents, and amendments and restatements thereof(collectively, with the Agreement, the "Transaction Documents"), (b) To make such representations in writing, and 2 RESOLUTION 96-6, Continued: (c) To take such other steps and do such acts and things, all as in their respective individual judgments may be necessary, appropriate or desirable on behalf of and in the name of the District to carry out, observe and perform and enforce the performance by others of, and comply with the terms and provisions of the Transaction Documents, and to consummate the transactions contemplated by the Transaction Documents. 5. That any of the acts of the Chair and Secretary of the District, and any person or persons designated and authorized by them to act, which acts would have been authorized by this Resolution except that such actions were taken prior to the adoption of this Resolution, are hereby severally ratified, confirmed, approved and adopted as acts in the name and on behalf of the District. 6. That the Agreement shall become effective upon approval by a majority of the voters of the District voting at an election called and held in accordance with its terms. PASSED AND ADOPTED this lst day of August, 1996,by the following votes: AYES: Chenoweth, Ellis, Leone, Mahoney, Moriarty NOES: None ABSENT: None Secretary of the Board of Directors of the Mt. Diablo Health Care District Chair of thed of Directors of the Mt. Diablotealtb Care District 3 o AC Transit FAX(510) 891-4705 1600 FRANKLIN ST,OAKLAND,CALIFORNIA 94612 (510)891-4859 RECENED BOARD OF DIRECTORS AUG 1996 August 7, 1996 CLERK BOARD OF SUPERVISORS JOE BISCHOFBERGER CONTRA COSTA CO. President WARD V CLINTON KILLIAN The Honorable Jeff Smith Chair Vice President ' WARD II Board of Supervisors RUTH GANONG Contra Costa County WARD 1 651 Pine Street,No. 106 ALICE CREASON Martinez, CA 94553 WARD III PATRISHA PIRAS Dear Chairperson Smith: WARD IV Attached are two certified copies of Resolution No. 957, "Calling for an MATT WILLIAMS election of a parcel tax measure for AC Transit security and service Director At Large reliability on November 5, 1996, requesting consolidation of this election JOHN WOODBURY with the General Election and requesting the preparation of an impartial Director At Large analysis by the County Counsel of Alameda County. The Resolution was adopted by the Alameda Contra-Costa Transit District Board of Directors BOARD OFFICERS on Tuesday, August 6, 1996. SHARON D.BANKS If you have questions, please call me at 891-4859. General Manager KENNETH C.SCHEIDIG Sincerely, General Counsel FRANCES MILLER-ROGERS District Secretary Frances Miller-Ro s District Secretary AC Transit Mission Statement The mission of AC Transit is to be a leader in providing convenient, courteous public transit service and improving transportation for our East Bay Community. p ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 957 A RESOLUTION CALLING FOR AN ELECTION ON A PARCEL TAX MEASURE FOR AC TRANSIT SECURITY AND SERVICE RELIABILITY ON NOVEMBER 5, 1996,REQUESTING CONSOLIDATION OF THIS ELECTION WITH THE GENERAL ELECTION AND REQUESTING THE PREPARATION OF AN IMPARTIAL ANALYSIS BY THE COUNTY COUNSEL OF ALAMEDA COUNTY WHEREAS,the Alameda-Contra Costa Transit District is the third largest mass transit bus operator in the State of California and the eighteenth largest bus operator in the United States; and WHEREAS, a recent study by the University of North Carolina ranked AC Transit as the fiftieth most efficient bus transit operator in the United States out of one hundred twenty systems and the highest ranking of any Bay Area transit system included in the study; and WHEREAS, the District's ability to achieve the above status has occurred despite limited funding resources,which are affected by funding decisions by the state and federal governments, and unfunded mandates imposed on the District; and WHEREAS, of the revenue sources which enable the District to operate and maintain its fleet of 700 buses,the primary one which is directly determined by the Board of Directors is bus fares; and WHEREAS, the District's bus fares are the highest bus fares in the Bay Area region and cannot be raised by an amount necessary to enable the District to meet its budgetary needs without significantly affecting ridership; and WHEREAS, the District is authorized by Public Utilities Code Section 25892.1 to levy a parcel tax uniformly throughout the District, subject to voter approval of the parcel tax; and WHEREAS,the District has never previously submitted a parcel tax to the voters, a parcel tax of$8.50 per parcel is proposed, which will require voter reauthorization six years from its effective date, is necessary at this time in order to provide sufficient funds for security and service reliability; and WHEREAS, by Resolution No. 947, the District has called an election to be held on November 5, 1996, for the election of three members of the Board of Directors;and Pagel of 3 r 1 WHEREAS, in accordance with California Elections Code Section 10400, the election for the Board of Directors and this ballot measure should be consolidated with the general election to be held on November 5, 1996; and WHEREAS, in accordance with California Elections Code Section 9313, the impartial analysis of the ballot measure, not exceeding 500 words in length, must be prepared by the County Counsel of Alameda County, NOW,THEREFORE,the Alameda-Contra Costa Transit District Board of Directors does resolve as follows: SECTION 1. Calls and orders to be held in the territory of the District within the counties of Alameda and Contra Costa, on Tuesday,November 5, 1996, an election on the Alameda-Contra Costa Transit District ballot measure set forth in Exhibit A, attached to and incorporated into this resolution by reference. SECTION 2. Requests the Board of Supervisors of the counties of Alameda and Contra Costa to consolidate the election of the aforementioned ballot measure with the general statewide and district elections to be held on November 5, 1996 in accordance with California Elections Code Section 10400, et seq. SECTION 3. Directs the District Secretary to transmit a copy of the aforementioned measure to the County Counsel of Alameda County for the preparation of an impartial analysis of the measure as provided in California Elections Code Section 9313. SECTION 4. This Resolution shall be effective immediately upon its adoption by four affirmative votes of the Board of Directors. RESOLUTION NO.957 WAS PASSED AND ADOPTED this 6th day of August, 1996. Ferman "J isc o erger, side Attest: rances Miller-Roge s, Di 'ct Secretary Page 2 of 3 L Frances Miller-Rogers, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a Special Meeting of the Board of Directors held on the 6th day of August, 1996 by the following roll call vote: Ayes: Directors Woodbury,Piras,Creason,Ganong,Williams, Vice President Killian, and President Bischofberger- 7 Noes: None Absent: None Abstain: None Frances Miller-Rog s, Di rict Secretary Approved as to Form: nneth C. Scheidig"z4yeneral Counsel "I certify that the foregoing is a true and correct COPY of Reso-1 tion No, ar, , adopted by the Boeir-d of Directors of the Aiaineda-Co`•itra Costa Transit District on � f(e—I 19y� " Page 3 of 3 EXHIBIT A AC Transit Security and Service Reliability. To enhance and maintain safety of bus passengers, especially seniors and youth, shall Alameda- Contra Costa Transit District levy on real property within the District's boundaries a special tax of$8.50 per parcel annually, for six years and no longer, unless reauthorized by voters, to fund security improvements, better service reliability, monitors on school routes, graffiti abatement, security services including sworn officers where needed, and other public safety improvements? AC TRANSIT DISTRICT BOARD OF DIRECTORS Ferman "Jo ' Bischofberge , Pr dent y ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 957 A RESOLUTION CALLING FOR AN ELECTION ON A PARCEL TAX MEASURE FOR AC TRANSIT SECURITY AND SERVICE RELIABILITY ON NOVEMBER 5, 1996,REQUESTING CONSOLIDATION OF THIS ELECTION WITH THE GENERAL ELECTION AND REQUESTING THE PREPARATION OF AN IMPARTIAL ANALYSIS BY THE COUNTY COUNSEL OF ALAMEDA COUNTY WHEREAS,the Alameda-Contra Costa Transit District is the third largest mass transit bus operator in the State of California and the eighteenth largest bus operator in the United States; and WHEREAS, a recent study by the University of North Carolina ranked AC Transit as the fiftieth most efficient bus transit operator in the United States out of one hundred twenty systems and the highest ranking of any Bay Area transit system included in the study; and WHEREAS, the District's ability to achieve the above status has occurred despite limited funding resources,which are affected by funding decisions by the state and federal governments, and unfunded mandates imposed on the District; and WHEREAS,of the revenue sources which enable the District to operate and maintain its fleet of 700 buses,the primary one which is directly determined by the Board of Directors is bus fares; and WHEREAS, the District's bus fares are the highest bus fares in the Bay Area region and cannot be raised by an amount necessary to enable the District to meet its budgetary needs without significantly affecting ridership; and WHEREAS, the District is authorized by Public Utilities Code Section 25892.1 to levy a parcel tax uniformly throughout the District, subject to voter approval of the parcel tax; and WHEREAS,the District has never previously submitted a parcel tax to the voters, a parcel tax of$8.50 per parcel is proposed, which will require voter reauthorization six years from its effective date, is necessary at this time in order to provide sufficient funds for security and service reliability; and WHEREAS, by Resolution No. 947, the District has called an election to be held on November 5, 1996, for the election of three members of the Board of Directors; and Pagel of 3 WHEREAS, in accordance with California Elections Code Section 10400, the election for the Board of Directors and this ballot measure should be consolidated with the general election to be held on November 5, 1996; and WHEREAS, in accordance with California Elections Code Section 9313, the impartial analysis of the ballot measure, not exceeding 500 words in length, must be prepared by the County Counsel of Alameda County, NOW,THEREFORE,the Alameda-Contra Costa Transit District Board of Directors does resolve as follows: SECTION 1. Calls and orders to be held in the territory of the District within the counties of Alameda and Contra Costa, on Tuesday, November 5, 1996, an election on the Alameda-Contra Costa Transit District ballot measure set forth in Exhibit A, attached to and incorporated into this resolution by reference. SECTION 2. Requests the Board of Supervisors of the counties of Alameda and Contra Costa to consolidate the election of the aforementioned ballot measure with the general statewide and district elections to be held on November 5, 1996 in accordance with California Elections Code Section 10400, et seq. SECTION 3. Directs the District Secretary to transmit a copy of the aforementioned measure to the County Counsel of Alameda County for the preparation of an impartial analysis of the measure as provided in California Elections Code Section 9313. SECTION 4. This Resolution shall be effective immediately upon its adoption by four affirmative votes of the Board of Directors. RESOLUTION NO.957 WAS PASSED AND ADOPTED this 6th day of August, 1996. C Ferman "J isc o erger, Pftsideno Attest: 4. rances Miller-Roge s, Di ct Secretary Page 2 of 3 I,Frances Miller-Rogers, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a Special Meeting of the Board of Directors held onthe 6th day of August, 1996 by the following roll call vote: Ayes: Directors Woodbury,Piras,Cresson,Ganong,Williams,Vice President Killian, and President Bischotberger- 7 Noes: None Absent: None Abstain: None Frances Miller-Rog s, Di nct Secretary Approved as to Form: �1 nneth C. Scheidig, eneral Counsel "I certify that- the foregoing is a true and correct copy of Resolution No. q5j_ adopted by the Board of Directors of the Alameda-Contra Costa Transit District onA, ,Ls�f , 19._. " Page 3 of 3 EXHIBIT A AC Transit Security and Service Reliability. To enhance and maintain safety of bus passengers, especially seniors and youth, shall Alameda- Contra Costa Transit District levy on real property within the District's boundaries a special tax of$8.50 per parcel annually, for six years and no longer, unless reauthorized by voters, to fund security improvements, better service reliability, monitors on school routes, graffiti abatement, security services including sworn officers where needed, and other public safety improvements? AC TRANSIT DISTRICT BOARD OF DIRECTORS Ferman "Jo Bischo&rge , Pr dent ' oe CITY OF SAN PABLO * ?i' One Alvarado Square, San Pablo, CA 94806 (510)215-3000 Fax#(510)235-70 r c�` �EI ] `µms - 8 Office of the City Clerk _1 X996 CLERKCOF ISORS ONTR4 COSTA CO August 2, 1996 Clerk of the Board Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Clerk of the Board: Enclosed please find the following two documents: 1) An Ordinance confirming and approving the existing assessment authorized by the State Landscaping and Lighting Act of 1972 for City Assessment District No. 1982-1, and setting a date for an election; and 2) A Resolution requesting the services of the County Clerk and consolidation of elections, and requesting and authorizing the filing of an impartial analysis and written arguments concerning a ballot measure to confirm and approve such assessment. We are requesting Board of Supervisor approval for consolidation of the above-;referenced City of San Pablo measure with the November 5, 1996 General Election. If I can be of any assistance, please call me at 215-3000. Thank you in advance for your assistance. Sin rely, Char otte agg City Clerk Enc. cc: Election Department JA Recycled Paper RESOLUTION NO. 96-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO REQUESTING CONSOLIDATION OF ELECTIONS,REQUESTING THE SERVICES OF THE COUNTY CLERK OF CONTRA COSTA COUNTY AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS CONCERNING A BALLOT MEASURE TO CONFIRM AND APPROVE THE EXISTING CITY-WIDE LANDSCAPING AND LIGHTING ASSESSMENT WI-IEREAS,the City Council of the City of San Pablo introduced Ordinance No. 96- 005 entitled "An Uncodified Ordinance of the City of San Pablo Confirming and Approving The Annual Assessment Authorized By The State Landscaping And Lighting Act Of 1972 For Assessment District No. 1982-1 And Setting A Date For An Election" (the "Ordinance"); WHEREAS, the City Council of the City of San Pablo desires that the election provided for in the Ordinance be consolidated with the general election to be held on November 5, 1996 and that this proposition be included on the ballot for this November 5, 1996 general election when the ballot is prepared by the Contra Costa County Clerk; WIiEREAS, Section 9280 of the Elections Code of the State of California authorizes the filing of an impartial analysis for any ballot proposition to be submitted to the voters, and Section 9282 of the Elections Code authorizes the filing of written arguments for any ballot proposition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Pablo: 1. The municipal election called by the Ordinance to be held on November 5, 1996, shall be, and is hereby, ordered consolidated with all other elections held within the City on that date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating consolidated elections. The County Clerk is hereby authorized to canvass the returns of this municipal election, and this election shall be held in all respects as if there were only one election, only one form of ballot shall be used and the returns of the election need not be canvassed by the City Council. The canvass shall be made in accordance with the provisions of Division 15, Chapter 2 (commencing with Section 15050)of the Elections Code. The County Clerk shall declare the results of the canvass of the returns of this municipal election, based on the certified statement of results submitted by the Registrar of Voters. 2. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of Contra Costa County, or such officer authorized by law, is hereby requested 1 to consent and agree to the consolidation of the municipal election with the general election to be held in the same territory on Tuesday, November 5, 1996. 3. 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 hold and conduct a municipal election in the City of San Pablo on November 5, 1996, pursuant to this Resolution, including, but not limited to, the providing and printing of ballots and polling cards, election supplies, voting booths, flags, registration lists, polling officials and any other materials and services required to lawfully conduct the election. 4. The exact language of the proposition to be voted upon at the November 5, 1996 municipal election is as follows: MEASURE: SAN PABLO LANDSCAPING AND LIGHTING ASSESSMENT Shall Ordinance 96-005 be enacted, confirming and approving the existing assessment in the San Pablo Street Lighting and Landscaping District (formed in 1982) at its current rate, and providing a dedicated funding source to continue maintenance of park and recreational facilities such as Davis Park and the Senior Center; and street lighting, landscaping and removal of graffiti and debris from City streets? 5. The text of the ordinance to be voted on is attached as Exhibit A. 6. The City of San Pablo recognizes that additional costs will be incurred by the County of Contra Costa by reason of this consolidation and agrees to reimburse the County for these additional costs. 7. 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 14401 of the California Elections Code. 8. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 9. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. 10. The City Clerk shall fix and determine a date for submission of arguments for or against said Measure, and such date shall be posted in the Office of the City Clerk. 2 1 11. Written argument for or against the measure shall not exceed 300 words in length. The argument shall otherwise conform to and comply with all applicable provisions of the Elections Code of the State of California. 12. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the measure. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the Registrar of Voters, or other appropriate officer of the County of Contra Costa, for printing by the date set by the City Clerk for the filing of arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the Elections Code of the State of California. 13. The City Clerk is hereby directed to file with the Board of Supervisors of Contra Costa County and the Contra Costa County Clerk and Elections Official a certified copy of this Resolution, and to take all other actions necessary to effectuate the directives of this Resolution. 14. This Resolution shall be effective upon its adoption. ADOPTED at a regular meeting of the San Pablo City Council on August S, 1996, by the following vote to wit: AYES: COUNCIL MEMBERS VIGIL, WYSINGER, GOMES, PALMER, BROWN NOES: COUNCH MEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCB.MEMBERS NONE ATTEST: APPROVED: /s/ Charlotte Maggard /s/ Sharon J. Brown Charlotte Maggard, City Clerk Sharon J. Brown, Mayor e:lwpwk60lwpd=\mo%Atduu res I HEREBY CERTIFY THAT THE FOREGOING IS A FULL,TR E AND CORRECT COPY 0 3 CLERK . r - ORDINANCE NO. 96-005 AN UNCODIFIED ORDINANCE OF THE CITY OF SAN PABLO CONFIRMING AND APPROVING THE EXISTING ASSESSMENT AUTHORIZED BY THE STATE LANDSCAPING AND LIGHTING ACT OF 1972 FOR CITY ASSESSMENT DISTRICT NO. 1982-1 AND SETTING A DATE FOR AN ELECTION WHEREAS, the California Legislature enacted the Landscaping and Lighting Act of 1972, providing the procedures which must be utilized in order to establish an assessment district for landscaping and lighting purposes, and to levy an annual assessment after the formation of such district; WHEREAS, on August 2, 1982,through Resolution No. 82-81,the San Pablo City Council established a city-wide landscaping and'ughting assessment district for the purpose of funding such services as authorized by the Act; WHEREAS, in order to fund these landscaping and lighting services, Resolution No. 82-81 established assessments for single family residences and for multi-family, commercial, industrial, agricultural and institutional land uses as contained in the engineer's report establishing the assessment district; WHEREAS, in fiscal year 1995-96, the assessment district generated approximately $814,000 in revenue to fund the landscaping and lighting services authorized by the Act; WHEREAS, the City Council has levied the annual assessment for fiscal year 1996-1997 with no increase from the prior year's assessment,and that assessment has been entered on the county assessment roll by the County Auditor in accordance with Streets and ffighways Code section 22645; WHEREAS, the assessment ranges from a low of$57.78 per year to a high of$107.17 per year for single family residences,with 88%of such single family residences paying between$60 and $80 per year. Rates for multi-family, commercial, industrial, agricultural and institutional land uses are as contained in the engineer's report for fiscal year 1996-1997; WHEREAS, the annual proceeds from the assessment are used to maintain park and recreational facilities such as Davis Park, the Senior Center, Maple Hall, and Kennedy Plaza; to maintain well-lighted streets for public safety purposes; to maintain City medians, street trees, and city sidewalks damaged due to such trees; and to remove graffiti, litter and debris from City streets; WHEREAS, the City commissioned a public opinion poll of San Pablo voters regarding their preference as to continuing the current level of assessment, and over three-fourths of voters surveyed concluded that they would definitely or probably vote for the continuance of the assessment district at its current level of assessment; 1 EXHIBIT A amount up to and including, but not exceeding the amounts of the 1996-1997 Assessment is hereby approved. Section 2: The City Council shall place this ordinance before the voters at the November 5, 1996 general election for the sole purpose of confirming that the continuation of the assessment for fiscal year 1997-1998 and following at the rates set in Section 1 above, has the support and approval of a majority of the City electorate. Section 3: Regardless of the legal effective date of this ordinance, the People desire that their expression of approval of the current landscape and lighting assessment shall be deemed granted and effective the day of the election. DIVISION U. SEVERABILITY CLAUSE If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The People hereby declare that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION III. EFFECTIVE DATE This ordinance shall take effect upon approval by a majority of electors voting thereon at an election held on November 5, 1996. Introduced at a regular meeting of the City Council of the City of San Pablo held on the 5th day of August, 1996 by the following vote: AYES: COUNCRIv EMBERS VIGIL, WYSINGER, GOMES, PALMER, BROWN NOES: COUNCa MEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS NONE ATTEST: APPROVED: /s/ Charlotte Maggard /s/ Sharon Brown Charlotte Maggard, City Clerk Sharon J. Brown, Mayor c lwpv&6alwpd=\f=96achn&md I HEREBY CERTIFY THAT THE FOREGOING IS A FU I E AND CORRECT COPY OF . :ZW 5�' GIT EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO. 1996---- A 996- -A RESOLUTION APPROVING THE 1996/97 SPECIAL ASSESSMENT FOR THE ALAMEDA COUNTY-CONTRA COSTA COUNTY REGIONAL TRAILS LANDSCAPING AND LIGHTING DISTRICT (A/CC-1) BE IT RESOLVED by the People of the East Bay Regional Park Distri.:t, California, that WHEREAS, the Board of Directors of the District by Resolu:ion No. 1996-7-174 approved the diagram and assessment and levied an assessment for fiscal year 1996-97 for the Alameda County-Contra Costa County Regional Trails Landscaping and Lightiag District (A/CC-1) in the following amounts (hereafter refe=r d to as "The 1996/97 Assessment") : --$5. 44 per residential, industrial and commercial parcel --$2 .72 per unit for multi-family residential parcels with two or more units --zero assessment for parcels in Murray Township (Alameda . Czunty) and East Contra Costa County (ECCC - Liberty Union High School District) --lands defined by the county assessor as agricultural or ranch property are assessed only if a residence is located on the parcel --50� discount for senior citizens whose annual income is below the State defined poverty level; --public utility owned or leased properties, common areas, and church properties are excluded from assessment -- an additional $15. 36 per parcel for Zone of Benefit No. 1 --an additional $24 per parcel for Zone of Benefit No. 2 WHEREAS, said diagram and The 1996/97 Assessment have been entered on the county assessment roll by the County Auditor in accordance with Streets and Highways Code section 22645; 1 Exhibit A (A/CC-1) WHEREAS, the amount of The 1996/97 Assessment is the . same as the initial assessment in fiscal year 1993/94; and WHEREAS, the District was required by the Landscape and Lighting Act of 1972 and the Brown Act to comply with certain procedural requirements prior to levying the assessment for fiscal year 1996/97; WHEREAS, an initiative (Proposition 218/Right to Vote on Taxes Act) was considered by the electorate at the November 5, 1996 statewide general election to add Article XIIID to the Constitution which will impose additional procedural requirements on the District prior to levying any future assessments; WHEREAS, the additional procedural requirements of the initiative duplicate state law and impose additional costs on the District; WHEREAS, the initiative contains an exception from the additional procedural requirements for an assessment which has been approved by the voters; WHEREAS, the people, recognizing that The 1996/97 Assessment has been levied, wish to express their approval of The 1996/97 Assessment for the sole purpose of assuring that any assessment in future years in an amount up to and including the amount of The 1996/97 Assessment, as set forth above, will not be subject to the procedural requirements of section 4 of Article XIIID of the Constitution of the State of California. NOW, THEREFORE, THE PEOPLE of the East Bay Regional Park District resolve as follows: 1 . The 1996/97 Assessment, as set forth above, for the Alameda County-Contra Costa County Regional Trails Landscaping and Lighting District (A/CC-1) is approved. 2 . Any assessment in the future in an amount up to and including the amount of The 1996/97 Assessment for the Alameda County-Contra Costa County Regional Trails Landscaping and Lighting District for the purpose of maintenance, operations and rehabilitation of regional trails is approved. 2 Exhibit A (A/CC-1) APPROVED by the following vote of the people on November 5, 1996: ADOPTED by Declaration of the vote by the Board of Directors of the East Bay Regional Park District on 1996. FOR: AGAINST: ABSENT: ABSTAIN: C:\OFFICE\WPWIN\WPDOCS\JTBEDRES.W61 3 Exhibit A (A/CC-1)