HomeMy WebLinkAboutMINUTES - 09101996 - C139 -r
C. 139
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 10, 1996 by the following vote:
AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith
;NOES: None
ABSENT: None
ABSTAIN: None
-----------------------------------------------------------------
-----------------------------------------------------------------
SUBJECT: Election Consolidation
As requested by the City of El Cerrito in Ordinances 96-8 ,
96-9, 96-69, and 96-70 and the City of Brentwood in Resolution
96-113 , IT IS BY THE BOARD ORDERED that the County Clerk is
AUTHORIZED to consolidate the requested elections with the
General Election to be held on November 5, 1996 .
I hereby certify that this Is a trueand conga copyof
an action taken and entered on the minutes of the
Board of Supe isorqvn the ate shown.
ATTESTED:
PHIL B H LOR, CI of the B and
o pe is rs nd Cc dministrator
'3v Deputy
CC : County Clerk
Elections
City of El Cerrito
City of Brentwood
County Counsel
C. 13q
el cerrito LETTER OF TRANSMITTAL
HAND—DELIVERED
col D
8/9/96
10890 San Pablo Ave.
EI Cerrito,CA 94530
TO:— BOARD OF SUPERVISORS RE: Requests for consolidation of
election for 2 city measures
CONTRA COSTA COUNTY on 11/5/96 for Fire Benefit Suppress
ion & Landscape & Lighting Benefit
651 Pine Street 11th Floor Assessment
Martinez, CA 94553
WE ARE SENDING YOU THE ATTACHED:
Certified copies
[ ] Ordinance No. 96-8 & 96- 9 [ ] Agreement/Contract [ l
Certified copies
[�X] Resolution No. 9669 [ ] Deed/Easement, dated:
if 96-70
THESE ARE TRANSMITTED as checked below:
[ ] 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.
[XYJ For your information.
[XX] Copies also hand—delivered to Flections, Office on R.4/9n
COPIES DATE NO. DESCRIPTION
REMARKS:
Very my yours,
S,
CITY CLERK
/Ig-I00 MAR 83 WHITE -ADDRESSEE CANARY -CITY CLERK PINK -ORIGINATING DEPARTMENT
I
ORDINANCE NO. 96-8
AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING TITLE 4 OF THE EL
CERRITO MUNICIPAL CODE (REVENUE AND FINANCE) BY ADDING A NEW
CHAPTER 4.48 ESTABLISHING A FIRE SUPPRESSION BENEFIT ASSESSMENT AND
SETTING A DATE FOR AN ELECTION TO CONFIRM THE FIRE SUPPRESSION
BENEFIT ASSESSMENT
WHEREAS, in the winter of 1996, the City Council conducted a
series of City-wide meetings regarding the level of City services
and City finances; and
WHEREAS, in April of 1996, a task force of E1 Cerrito citizens
was formed to evaluate City services and City finances amd to issue
recommendations to the City Council regarding the appropriate level
of City services and the best method to finance these City
services; and
WHEREAS, on June 10, 1996, the citizens task force issued its
recommendations to the City Council. In regards to the fire
services provided by the E1 Cerrito Fire Department, the task force
concluded that:
A. The present level of fire protection must be maintained in
order to protect public health and safety.
B Reductions in the level of fire protection could jeopardize
the City's ability to respond in time in the event of a fire,
thereby significantly increasing the risk of death and property
destruction. An increase in response time also could result in an
increase in property insurance costs.
C. Reductions in the level of fire protection could
jeopardize the City's joint response and mutual aid agreements with
neighboring jurisdictions, thereby further increasing the risk of
death and property destruction in the event of a fire; and
WHEREAS, at present, the City finances its fire suppression
exclusively through the general fund; and
WHEREAS, during the past few years, the City's general fund
revenues have been threatened by several factors beyond the City's
influence and control. Some of those factors include:
A. A reduction in the City's general fund resulting from
actions by the State of California to balance the State's budget by
taking property tax and other money from local jurisdictions such
as the City of EI Cerrito.
B. An opinion of the California Supreme Court which put into
question the legality of certain general fund taxes which had been
1
validly enacted by cities across the State of California, including
E1 Cerrito.
C. The closing of the Emporium Department Store at the E1
Cerrito Plaza which will significantly reduce general fund sales
tax revenue for several years in the future; and
WHEREAS, the citizens task force concluded that the provision
of fire suppression services in the City of E1 Cerrito requires a
stable and dedicated source of funding, separate and apart from the
general fund; and
WHEREAS, through a dedicated funding source, the provision of
fire suppression services can be made more financially secure, even
if future events reduce the City's general fund; and
WHEREAS, Section 50078, et seq. of the California Government
Code authorizes a local agency which renders fire suppression
services, to adopt a fire suppression benefit assessment in order
to provide a dedicated, stable and secure source of funds for fire
suppression services; and
WHEREAS, the citizens task force recommended that the City
Council adopt such an assessment in E1 Cerrito in order to provide
a dedicated, stable and secure source of funds for City fire
suppression; and
WHEREAS, the fire suppression benefit assessment, as provided
for herein, will provide approximately 50 percent of the funds
necessary to provide fire protection services to real property in
the City of E1 Cerrito; and
WHEREAS, through the fire suppression benefit assessment, the
provision of fire protection services no longer will be wholly
dependent on the City's general fund;; and
WHEREAS, the adoption of the fire suppression benefit
assessment as provided for herein, will enable the City :to continue
to provide fire suppression services such as the Neighborhood
Emergency Assistance Program and the reduction of fire hazards in
the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION I: TITLE 4, CHAPTER 4.413 IS HEREBY ADDED TO READ AND
PROVIDE AS FOLLOWS
2 Ord ii aace 95_8
Rev. :
4 . 48. 010 Authorization
This chapter, and the fire suppression benefit assessment
authorized herein, is adopted pursuant to Article 3 . 6 of the
Government Code, codified as Sections 50078 , et seq.
4 . 48 . 020 Purpose
The proceeds from the ' fire suppression benefit assessment
provided for herein shall be used exclusively for the purpose of
obtaining, furnishing, operating, and maintaining fire suppression
equipment and apparatus and for the purpose of paying the salaries
and benefits of firefighting personnel.
4 . 48. 030 Assessment
A. A fire suppression benefit assessment is hereby imposed
on every assessable parcel of property within the City of
E1 Cerrito based on the direct benefit to that property
derived from the availability of the fire suppression
services provided by the City of E1 Cerrito.
B. This direct benefit is measured by the assignment of
"benefit units" to each parcel of property based on the
(first alarm) response which would be required in the
event of a fire. The assignment of benefit units is
based on property use, property size, the improvements
constructed on the property, and the risk factor
associated with the property use. The designation of
risk factors by land use category is specified in Table
III of the Engineer's report for the adoption of the fire
suppression benefit assessment, prepared by Berryman &
Henigar in June of 1996 which is hereby incorporated
herein as though fully set forth. A copy of the
Engineer's report is on file with the City Clerk. This
methodology for determining direct benefit is more fully
described in the Engineer's report.
4 . 48 . 040 The assignment of benefit units
The method by which benefit units are assigned to City
properties is described in the Engineer's report for the adoption
of the fire suppression benefit assessment, prepared by Berryman &
Henigar in June of 1996, a copy of which is on file with the City
Clerk. That report, and the method by which benefits are assigned,
is incorporated herein as though fully set forth. That method can
be summarized as follows:
A. Single Family Residences shall be assigned 1. 0 benefit
units based on . 25 benefit units for the land and . 75
benefit units for the improvements. The risk factor for
single family residences is 1. 0 .
3 )rdina c_e 96-5
B. Multiple Family Residential:;
1. Benefit units assigned. to the land shall be the
product of property acreage multiplied by 1. 75 for the
first acre and by .0175 for each additional acre or
portion thereof.
2 . Benefit units assigned to the improvements shall be
based on the number of equivalent dwelling units
calculated at a rate of .70 for each of the first five
dwelling units, .35 for each of the next five dwelling
units, and . 15 for each additional dwelling unit. The
sum of equivalent dwelling units is then multiplied by
the risk factor assigned to the use. This product is
multiplied by .75 to yield the number of benefit units
assigned to the improvements.
3'. The total number of benefit units assigned to the
multiple family property is the sum of the land benefit
units and the improvement benefit units.
C. Condominiums:
1. Benefit units shall be assigned to the land in. the
same manner as for single family residences.
2 . Benefit units shall be assigned to the improvements
at a rate of .70 for each dwelling unit. This value is
then multiplied by the risk factor assigned to the use.
This product is multiplied by .75 to yield the number of
benefit units assigned to the improvements.
3 . The number of total benefit units assigned to each
condominium is the sum of the land benefit units and the
improvement benefit units.
D. Mobile Homes:
1. Benefit units assigned to the land shall be the
product of property acreage multiplied by 1.75 for the
first acre and by 0. 175 for each additional acre or
portion thereof.
2 . Benefit units assigned to the improvements shall be
based on the number of equivalent dwelling units
calculated ata rate of .50 for each mobile home on the
property. The sum of equivalent dwelling units then is
multiplied by the risk factor assigned to the use. This
product is multiplied by .75 to yield the number of
benefit units assigned to the improvements.
4 n n
lrQ i,73IIC 2 :J—O
3 . The number of total benefit units assigned to the
mobile home park is the sum of the land benefit units and
the improvement benefit units.
E. Commercial/Industrial Uses and Recreational/Institutional
Uses:
1. Benefit units assigned to the land shall be the
product of property acreage multiplied by 1.75 for the
first acre and 0. 175 for each additional acre or portion
thereof.
2. To determine the benefit units assigned to the
improvements, the property acreage is multiplied by 7 . 0
for the first acre and .7 for each additional acre.
This calculation yields the number of equivalent dwelling
units assigned to the improvements. This number is
multiplied by the risk factor assigned to the use. This
product is multiplied by . 75 to yield the number of
benefit units assigned to the improvements.
3 . The number of total benefit units assigned to the
commercial/industrial use is the sum of the land benefit
units and the improvement benefit units.
4.48. 050 Assessment rate
A. The assessment rate for the fire suppression benefit
assessment for fiscal year 1996-1997 shall be $125. 00 per
benefit unit. Except as provided in Paragraph B below,
the assessment rate may not be increased without full
compliance with the provisions contained in Government
Code Section 50078, et seq. , including any and all
provisions contained therein requiring a vote of the
electorate.
B. For each and every fiscal year after 1996-1997, the
assessment rate per benefit unit shall be increased or
decreased based on the Revised Consumer Price Index for
Urban Wage Earners and Clerical Workers for the San
Francisco-Oakland Bay Area as published by the Department
of Labor for the month of February prior to the fiscal
year in which the rate adjustment is applicable.
4 . 48 . 060 Rebate for properties which have automatic fire
sprinkler systems
Each property owner who installs, or has installed, an
automatic fire sprinkler system in a property subject to the fire
suppression benefit assessment, shall be entitled to a rebate equal
to 50 percent of the fire suppression benefit assessment imposed on
that property. In order to be eligible for the rebate, the
5 i�nii.-ante 96-8
{
property owner must present to the Fire Department within 60 days
of the payment of the assessment, proof that the property owner has
paid the assessment in full for the: year in which a rebate is
sought, and proof that the property owner has installed an approved
automatic fire sprinkler system on the property subject to the
assessment.
4 .48 . 070 senior citizens, blind or disabled citizens
A. The Senior Citizens Property Tax Postponement Law gives
qualified individuals who are 62 or older, blind or
disabled the option of post-poning the present payment of
taxes and assessments on their homes and having the state
pay all or part of those present taxes and assessments
provided that they meet certain income qualifications.
Qualified individuals may be entitled to postpone the
f ire suppression benefit assessment pursuant to that law
if found eligible by the State Controller's Office.
B. The Gonzales-Deikmejian-Petris Senior Citizens Property
Tax Assistance Law provides direct cash reimbursement for
part of the property tax and assessments on their homes
for qualif ied individuals who are 62 or older, blind or
disabled. Qualified individuals may be entitled to
receive cash assistance to aid in the payment of the fire
suppression benefit assessment if found eligible by the
State Franchise Tax Board.
4 . 48. 080 Collection of the fire suppression benefit
assessment
A. For fiscal year 1996-1997, the City of E1 Cerrito shall
directly bill property owners subject to the assessment
for the full amount of the assessment. Payment in full
shall be due within 30 days of receipt of the bill. The
City Manager, upon a showing of good cause, shall have
the power to extend the due date.
B. Commencing fiscal year 1997-1993, the fire suppression
benefit assessment shall be collected on the tax roll in
the same manner, by the same persons, and at the same
time as, together with and not separately from, the
City's general taxes. The tax collector shall include
the amount of the fire suppression benefit assessment on
bills for taxes levied against the respective lots and
parcels of land in the City„ All laws applicable to the
levy, collection and enforcement of general taxes of the
city, including, but not limited to, those pertaining to
the matters of delinquency, correction, cancellation,
refund and redemption, are applicable to such charges.
6 Ordinance 96-8
C. Commencing fiscal year 1997-1998, the City Manager or
his/her designee shall prepare the annual assessment roll
for submittal to the county auditor so that the fire
suppression benefit assessment is included on the
property tax roll for collection as provided for in
Paragraph B above. The annual assessment roll shall
include any land use changes reflected on the county
assessor's roll. The amount of the annual fire
suppression benefit assessment shall be based on the
fiscal year 1996-1997 assessment of $125. 00 per benefit
unit, adjusted in each succeeding year by the Revised
Consumer Price Index, as provided for in Section
4 . 48. 050B. The City Manager or his/her designee shall
prepare a report which accounts for the revenue expended
and the assessments collected during the previous fiscal
year.
D. The amount of the fire suppression benefit assessment
shall constitute a lien against the lot or parcel of land
against which the assessment has been imposed as of noon
on the first Monday in March immediately preceding the
date of levy.
4. 48 . 090 Adjustments to the assessment amount
A. Within 60 days of the receipt of the tax bill, a property
owner may apply to the City Manager or his/her designee,
for an adjustment in the amount of the fire suppression
benefit assessment assessed against the property at
issue. Such application shall be limited solely to the
issue of whether the use and size of the property, which
serves as the basis for the fire suppression benefit
assessment, is accurate and conforms to the actual use
and size of the property. If the City Manager determines
that the applicant is correct, the City shall recalculate
the assessment and rebate to the property owner the
difference between the assessment as it appears on the
assessment roll and the corrected assessment,:-upon proof
that the property owner has paid the assessment, as it
appears on the assessment roll, in full. The City
Manager shall correct the assessment roll for future
years in accordance with the new information provided.
The decision of the City Manager or his/her designee
shall be deemed final.
B. The procedures contained herein do not modify, or
otherwise affect, the statute of limitations provisions
contained in Section 50078. 17 of the Government Code.
7 Ordinance 96-8
DIVISION II. UNCODIFIED SECTIONS
Section 1: The City Council shall place the fire suppression
benefit assessment, as provided for in this chapter, before the
voters at the November 5, 1996 general election to confirm that the
assessment has the support of a majority of the City electorate.
Section 2: The proposition shall appear on the ballot in the
following form:
MEASURE: EL CERRITO FIRE SUPPRESSION ASSESSMENT
Shall Ordinance No. 96-8 be approved, confirming the
levy of an annual City-wide fire suppression assessment,
as authorized by State law, in the yearly amount of
$125. 00 for a single family residence, and proportionate
amounts for other property uses, to provide dedicated and
stable funding for the provision of fire hazard abatement
and fire-fighting services in the City of E1 Cerrito?
Section 3 : The assessment shall be deemed in existence as of
the effective date of this ordinance. The vote confirming the
assessment shall be deemed effective the day of the election.
Section 4: The City Clerk shall certify the adoption of this
ordinance and shall cause a certified resolution to be filed with
the Contra Costa County Clerk.
DIVISION III. 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 council hereby declares that it 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 IV. EFFECTIVE DATE
This ordinance shall take effect immediately after passage
pursuant to Government Code Section 36937 . Within fifteen 115)
days after passage, the ordinance shall be posted in accordance
with Section 36933 of the Government Code with the names of those
City Councilmembers voting for and against it.
The foregoing ordinance was introduced at an adjourned regular
meeting of the City Council of the City of E1 Cerrito, held on the
29th day of July, 1996.
8
Adopted and ordered posted at a meeting of the City Council of
the City of El Cerrito held on the 5th day of August 1996 by
the following vote:
AYES: COUNCILMEMBEIRS: Bartke, La Force, Ritz, Jellison
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMEM Ngne_,_
Norma Je(lison Mayor
ATTEST:
erk &ERTIFIED A TRUE COLPY
U/nda Gidd�- �, City C1
E968-36 �;"-r"--- -----
Clerk—
of the r;fy c' El Cerrito, CA
9 zl,--.C
ORDINANCE NO. 96-9
AN UNCODIFIED ORDINANCE OF THE CITY OF EL CERRITO CONFIRMING THE
ANNUAL ASSESSMENT AUTHORIZED BY THE STATE LANDSCAPING AND LIGHTING
ACT OF 1972 FOR CITY ASSESSMENT DISTRICT NO. 1988-1 AND SETTING A
DATE FOR AN ELECTION
WHEREAS, the California Legislature enacted the Landscaping
and Lighting Act of 1972; and
WHEREAS, pursuant to the Act, local agencies are authorized to
establish assessment districts to fund services relating to
landscaping and lighting, including, but not limited to:
A. The planting and maintenance of landscaping. -
B. The installation and maintenance of public lighting
facilities, including traffic signals.
C. The installation or maintenance of parks and recreational
improvements, including lights, playground equipment, play courts
and public restrooms.
D. The grading, clearing, removal of debris from public
places, the watering of park facilities, and maintenance of public
lighting facilities; and
WHEREAS, the Act provides the procedures which must be
utilized in order to establish an assessment district for
landscaping and lighting purposes; and
WHEREAS, the Act also provides the procedures for the levy of
an annual assessment after the formation of a landscaping and
lighting assessment district; and
WHEREAS, on June 6, 1988, the E1 Cerrito City Council
established a city-wide landscaping and lighting assessment
district for the purpose of funding landscaping and- lighting
services as authorized by the Act; and
WHEREAS, in order to fund these landscaping and lighting
services, Resolution No. 88-53 established an assessment of $72 . 00
per year for single family residences and other amounts for multi-
family, commercial, industrial, recreational and institutional land
uses as contained in the engineer's report establishing the
assessment district; and
WHEREAS, based on this assessment amount, the assessment
district generated approximately $745, 000 in revenue to fund the
landscaping and lighting services authorized by the Act; and
1
WHEREAS, for every fiscal year since the adoption of
Resolution No. 88-53 , through and including fiscal year 1996-1997 ,
the City Council has maintained the annual city-wide landscaping
and lighting assessment at the same rate of $72 . 00 per year for
single family residences and such other amounts for multi-family,
commercial, industrial, recreational and institutional land uses as
contained in the engineer's report establishing the assessment
district. Since 1988, the City Council has not raised the annual
assessment amount; and
WHEREAS, the annual proceeds from the assessment have been
used to maintain City parks, recreational facilities, street
lighting, City medians and street trees, remove litter and debris
from City streets, and provide street sweeping activities. along San
Pablo Avenue; and
WHEREAS, in the winter of 1996, the City Council conducted a
series of City-wide meetings regarding City services and City
finances; and
WHEREAS, in April of 1996, a task: force of E1 Cerrito citizens
was formed to evaluate City services and City finances and to issue
recommendations to the City Council regarding the appropriate level
of City services and the best method to finance these City
services; and
WHEREAS, the citizens task force concluded that the services
provided through the landscaping and lighting assessment are
essential to the well-being of the City and to the City property
owners; and
WHEREAS, the citizens task force further concluded that
without the City landscaping and lighting assessment, the City
would be unable to perform the services presently provided through
the assessment. This was based on the conclusion that the $745, 000
generated yearly through the assessment for landscaping and
lighting services could not be funded through the general fund
without significantly reducing general fund services; and
WHEREAS, the citizens task force concluded that City services
are already at or below minimum acceptable levels and unanimously
recommended against any reductions incurrent levels of, service;
and
WHEREAS, the citizens task force recommended that the City
Council maintain the annual assessment for landscaping and lighting
at the present level of $72 . 00 per year for single " family
residences and such other amounts for multi-family, commercial,
industrial, recreational and institutional land uses as contained
in the engineer's report for 1996-1997 fiscal year. This would
enable the City to utilize the assessment in future fiscal years in
2 Jrdinanc� 95-9
5••
order that the City could continue to provide landscaping and
lighting services in the City; and
WHEREAS, the citizens task force also recommended that the
City Council place on the November 5, 1996 ballot, a measure to
confirm that the landscaping and lighting assessment, at its
present rate, has the support of a majority of the City electorate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: THIS ORDINANCE IS HEREBY ADOPTED TO PROVIDE AS
FOLLOWS:
Section 1: The City shall maintain Assessment District No.
1988-1, as established by Resolution No. 88-53 , for fiscal years
1997-1998 and following, at an assessment rate of $72. 00 per year
for single - family residences, and such other amounts for multi-
family, commercial, industrial, recreational and institutional land
uses as contained in the engineer's report for the 1996-1997 fiscal
year.
Section 2: In setting the annual assessment, the City shall
comply with the procedures regarding the levy of the annual
assessment pursuant to Chapters 3 and 4 of the Landscape and
Lighting Act, as contained in Sections 22620 through 22647 of the
Streets and Highways Code as amended through July 1, 1996.
Section 3 : The assessment rate may only be increased through
compliance with the provisions contained in Sections 22620 through
22631 of the Street and Highways Code, including any and all
provisions contained therein requiring a vote of the electorate.
Section 4 : The City Council shall place this ordinance before
the voters at the November 5, 1996 general election to confirm that
the continuation of the assessment for fiscal year 1997-1998 and
following at the rate set in Section 1 above, has the support of a
majority of the City electorate. _ -
Section 5 : The proposition shall appear on the ballot in the
following form:
MEASURE: EL CERRITO LANDSCAPING AND LIGHTING ASSESSMENT
Shall Ordinance No. 96-9 be enacted, thereby approving
the assessment first adopted in 1988, to provide a
dedicated and secure source of funds for the maintenance
of park facilities, street lighting and landscaping,
fixed at the current rate of $72 . 00 per single family
home (and proportionate rates for other land uses) ?
3
Section 6: The vote confirming the assessment shall be deemed
effective the day of the election.
DIVISION II. SEVERABILITY CLAUSE
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of the ordinance.
The council hereby declares that it would have adopted the
ordinance, and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION III. EFFECTIVE DATE
This ordinance shall take effect immediately after passage
pursuant to Government Code Section 36937. Within fifteen (15)
days after- passage, the ordinance shall be posted in accordance
with Section 36933 of the Government Code with the names of those
City Councilmembers voting for and against it.
The foregoing ordinance was introduced at an adjourned regular
meeting of the City Council of the City of E1 Cerrito, held on the
29th day. of July, 1996.
Adopted and ordered posted at a meeting of the City Council of
the City of E1 Cerrito held on the �;th day of August 1996 by
the following vote:
AYES: COUNCILMEMBERS: E,artke, La Force, Pitz, Jellison
NOES: COUNCILMEb-BERS: None
ABSENT: COUNCILMEMBER None
Norma Jell ' son;` Mayor -
ATTEST:
c%L.Znda Gidd'i ngs, City Clerk
i96a-sa EI$TIEIED VITRUE OPY
.... ...... . ...LINDA M. G � ............
Clerk
of the City of EI Cee riw, CA
4
/Sill-/ �fR FE
I 4'
AUG - c 1996
RESOLUTION NO. 96-69 CLERKBOA.F_ ;viSORS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO REQIIESTING
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 A CITY-AIDE FIRE SUPPRESSION BENEFIT ASSESSMENT
WHEREAS, the City Council of the City of E1 Cerrito
enacted Ordinance No. 96-8 entitled "An Ordinance Of The City Of E1
Cerrito Amending Title 4 Of The El Cerrito Municipal Code (Revenue
And Finance) By Adding A New Chapter 4.48 Establishing A Fire
Suppression Benefit Assessment And Setting A Date For An Election
To Confirm The Fire Suppression Benefit Assessment" (the
"Ordinance") and
WHEREAS, the City Council of the City of E1 Cerrito
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; and
WHEREAS, 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, Section 9282
of the Elections Code authorizes the filing of written arguments
for any ballot proposition, and Section 9285 of the Elections Code
authorizes the filing of rebuttal arguments if authorized by the
City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of E1 Cerrito:
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,
4
3
i
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 is
hereby requested 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 Clark to provide
such services as may be necessary to properly and lawfully hold and
conduct a municipal election in the City of El Cerrito 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,
rolling officials and any other materials and services required to
lawfully conduct the election.
4 . The exact form or the proposition to be voted upon at
the November 5, 1996 municipal election is as follows:
MEASURE: EL CERRITO FIRE SUPPRESSION ASSESS',%=T
Shall Ordinance No. 96-8 be approved, confirming the levy
of an annual City-wide fire suppression assessment, as
authorized by State law, in the yearly amount of $125. 00
for a single family residence, and proportionate amounts
for other property uses, to provide dedicated and stable
funding for the provision of fire hazard abatement and
fire-fighting services in the City of E1 Cerrito?
5 . The text of the ordinance to be voted on is attached
as Ex±iibit A.
6. The City cf E1 Carr ito recognizes that add�t.onal
costs will be incurred by the County of Contra Costa bv .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 retrain open
continuously until 5 : 00 p.m. of the same day, when the polls shall
be closed, except as provided in Section 14401 of the California
Elec,zions Code.
5 . 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
el ec ion. 4s ai ven and the City C-lerk is d4 rec-ad to _4 Ve further o
7
R2soiu�.- on 96-69
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 said date
shall be posted in the Office of the City Clerk.
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. Through this Resolution, the City
Council hereby authorizes the City Clerk to receive rebuttal
arguments, not to exceed 250 words, pursuant to the provisions
specified in Section 9285 of the Elections Code.
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 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.
I certify that at a regular meeting on August 5, 1996 ,
the E1 Cerrito City Council passed this resolution by the following
vote: _
AYES: COUNCILMEMBERS: Bartke, La Force, Ritz, Jellison
NOES: COUNCILMEMBERS: None
ABSENT: COUNCIUMEMBERS: None
In witness of this action, I sign this document and affix
the corporate seal of the City of E1 Cerrito on August 5 , 1996 .
3r-
tieso1u :�__-a
Li da Gidd n t, City Clerk
AP. ,.ROVED
t
Norma Jellison f Mayor �`Tis�6ED A TRUE ,
E !ISD M. G 7-Y?it.�' perk
of the City of EI Cerrito, CA
4 r b-��
C 9
��SG�l1�1C_i
RCCA GVE®
r -g 1996
RESOLUTION NO. 96-70 CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO REQIIESTING
CONSOLIDATION OF ELECTIONS, REQIIESTING 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 A CITY-WIDE LANDSCAPING AND LIGHTING ASSESSMENT
WHEREAS, the City Council of the City of E1 Cerrito
enacted Ordinance No. 96-9 entitled "An Uncodified Ordinance of the
City of E1 Cerrito Confirming The Annual Assessment Authorized By
The State Landscaping And Lighting Act Of 1972 For Assessment
District No. 1988-1 And Setting A Date For An Election" (the
"Ordinance") and
WHEREAS, the City Council of the City of El Cerrito
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; and
WHEREAS, 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, Section 9282
of the Elections Code authorizes the filing of written arguments
for any ballot proposition, and Section 9285 of the Elections Code
authorizes the filing of rebuttal arguments if authorized by the
City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of El Cerrito:
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,
1
based or. the certified statament of results submitted by the
Reg,s-.._ar of Voters.
2 . Pursuant to the requirements of Section 10403 of the
Elections Cede, the Board of Supervisors of Contra Costa County is
hereby requested 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
herehv recuested to Permit the Contra Costa County Clerk to provide
such services as may necessary to properly and lawfully hold and
conduct a municipal election in the City of E1 Cerrito on November
5, 1996 , pursuant to this Resolution, including, but not limited
to, the providing and print-ng 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 form of the proposition to be voted upon at
the November 5, 1996 municipal election is as follows:
MEASURE: EL CE=RITO LANDSC.jP7NG ;SND LIGHTING ASSESSMENT
Shall Ordinance No. 96-9 be enacted, thereby approving
the assessment first adopted in 1983, to provide a
dedicated and secure source of funds for the maintenance
of park facilities, street lighting and landscaping,
fixed at the current rate of $72 . 00 per single family
home (and proportionate rates for other land uses) ?
3 . The text of the ordinance to be voted an is attached
as Exhibit A.
6 . The City cf E1 Carrico recognizes that additional
costs -ai11 be lncurr ad ;y the County -)f 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 electjon, and shall remain open
continuously until 3 : 00 p.m. of the same day, when. the polls shall
be closed, except as provided in Section 14401 of the California
_lectlons Code.
3 . In all oart_cu_ars not rsc4-ad in _h_s Resolution,
the alect_cn shall be held and conducted as provided by law f:--r
holding municipal elections.
9 . The notica of the time and glace of holding the
elect_on _s given and the C_tv Clerk _s directed to give further or
5
1
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 said date
shall be posted in the Office of the City Clerk.
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. Through this Resolution, the City
Council hereby authorizes, the City Clerk to receive rebuttal
arguments, -not to exceed -250 words, pursuant to the provisions
specified in Section 9285 of the Elections Code.
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 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.
I certify that at a regular meeting on August 5 , 1996,
the El Cerrito City Council passed this resolution by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
In witness of this action, I sign this document and aff ix
the corporate seal of the City of El Cerrito on August 5, 1996 .
3 aesolution 96-70
s � .
L inda GiddinqA�,/ City Clerk
APPROVED:
f
Norma Jell son, Mayor CERTIFIED TRUE COPY
E968-16
LINDA 144. GID!? �G Clerk
of the City of E Cerrito, CA
4
July 26, 1996
�EC�1VE
Ms. Roxana Dunning Davis 3 0 1996
Contra Costa County Elections Division
P.O. BOX 271 CLBRIC BOARD OF SUpBRVISORS
Martinez, CA 94553 CONTRA COST.,,.-.�
Dear Roxie:
On Tuesday night, July 23`d, the City Council passed Resolution No. 96-113 approving an
advisory ballot measure for the November 5, 1996 General Municipal Election. Attached
please find a certified copy of this resolution. Please pay close attention to the possibility
that this advisory measure will not go forward on November 5`h if a Council incumbent
does not choose to run for the position of Mayor. I will advise you on or about August
14`h if this measure will be withdrawn.
Please let me know if you have any questions. Thank you for your attention to this
matter.
Sincerely,
Donna J. Roge s
Deputy City Clerk
Attachment
cc: Mayor and City Council
Jay Corey, City Manager
Contra Costa County Board of Supervisors f
City Halt - 708 Third Street, Brentwood, CA 94513
Administration Offices - (415)634-6900 • Planning/Public Works - (415) 634-6920 • Fax - (415)634.6930
Police Department - 500 Chestnut Street. Brentwood, CA 94513 • (415)634.6911
RESOLUTION NO. 96-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD
APPROVING AN ADVISORY BALLOT MEASURE FOR THE NOVEMBER 5, 1996
GENERAL MUNICIPAL ELECTION
WHEREAS, in 1982, the voters approved a two year term for the office of mayor
and a four year term for the offices of the remaining council members; and
WHEREAS, the City Council intends to conduct its general municipal election on
November 5, 1996; and
WHEREAS, at such election, the offices of mayor and the offices of two council
members will be voted upon; the current terms of the remaining two council member
offices ("incumbent council offices") expire in November of 1998; and
WHEREAS, the City Council is concerned about a possible vacancy being created
relative to one of the incumbent council offices if a current holder of that office files a
nomination paper for the office of mayor and is subsequently elected; and
WHEREAS, if a vacancy is created, the Council has two options under
Government Code Section 36512(a) - either fill the vacancy by appointment or call a
special election; and
WHEREAS, the City Council seeks guidance from the electorate in the upcoming
November 5, 1996 election whether they should fill any such vacancy by appointment of
the council candidate who receives the highest number of votes and is not elected to the
Council; and
WHEREAS, Elections Code Section 9603 authorizes the City Council to place an
advisory measure on the ballot as part of the November 5, 1996 General Municipal
Election. The electorate's response to the advisory measure does not bind the City
Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brentwood as follows:
1. Subject to the provisions of paragraph four, under the authority of Elections Code
Section 9603, the City Council of the City of Brentwood approves an advisory ballot
measure for the November 5, 1996 election, to read, as follows:
Advisory Vote Only
If an incumbent council member runs for the office of Mayor in this election and is
elected, shall the City Council appoint the Council candidate who receives the
highest number of votes and is not elected to fill the resulting Council vacancy?
2. Subject to the provisions of paragraph four, the Board of Supervisors of the
County of Contra Costa is requested to order the consolidation of the above advisory
measure with any other election to be held on November 5, 1996. Such consolidation
shall be performed by the County in the manner provided by Elections Code 10418.
J. Subject to the provisions of paragraph four, the City Clerk shall provide notice of
the advisory ballot measure, submit it to the County Elections Official, and perform any
such other tasks required by law to allow the electorate to vote on the measure at the
November 5, 1996 election. In addition, the City Attorney shall prepare an impartial
analysis of the measure in accordance with Elections Code 9280.
4. The Advisory Measure shall be withdrawn if no member of the Council runs for
Mayor in the November 5, 1996 General Municipal Election.
PASSED by the City Council of the City of Brentwood, at its regular meeting of
July 23, 1996, by the following vote:
AYES: Council Members Guise, Sherman, Morrill, Kidd, and Mayor Hill.
NOES: None
ABSENT: None
ABSTAINED: None
APPROVED:
I .
WILLIAM HILL, MAYOR
ATTEST:
r
a 1
DONNA J. R ERS, D Y CITY CLERK
E#p-Ei"*/ Deputy City Clerk, j
hereby certify this is a true and correct copy of
Resolution No. 3 of the City Council
of the City of B ntwood, CA., adopted on
3-
6ity-eler(lDeput ity Clerk
� Date:
= �- �2