Loading...
HomeMy WebLinkAboutMINUTES - 08121997 - C94 r ' eN THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _August 12, 1997 by the following vote: AYES: Supervisors Uilkema, Gerber, Canciamilla, Rogers NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: Consolidation of Elections IT IS BY THE BOARD ORDERED that the County Clerk is AUTHORIZED to consolidate with the November 4, 1997, General Election the following: A. Ironhouse Sanitary District Governing Board Election; B. City of Antioch Special Tax Election; C. City of Clayton Ballot Measure on the formation of a Community Facilities District and the establishment of a special tax; and D. City of Pinole's Utility Users Tax and Property Transfer Tax Ballot Measures. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN . ATTESTED: _August 12, 1997 Phil Batchelor, Clerk of the Board of �Supervi�so s and County Administrator By V jam/��/ILl/L Deputy cc: County Clerk-Elections Auditor-Controller Ironhouse Sanitary District City of Antioch City of Clayton City of Pinole I e IRONHOUSE SANITARY DISTRICT FAX Telephone (510)625-0169 450 Walnut Meadows DNJWJ Pd,BM705 • Oakley, CA 94561 (510)625-2279 JUL 16 1997 Contra Costa County Board of Supervisors CLERK BOARD OF SUPERVISORS 651 Pine Street CONTRA COSTA CO. Martinez, CA 94553 Subject: November 4, 1997, General District Elections Ladies and Gentlemen: The Ironhouse Sanitary District will have an election for the purpose of electing two Directors. I have just become aware that a Resolution requesting the Board of Supervisors to Consolidate this Election with the November 4, 1997 Consolidated Election is necessary. I hav some concerns about meeting the August 4, 1997 deadline in getting this to the Board of Sup rvisors, therefore I am requesting an exception be made at this time, by accepting this letter req esting Consolidation to the November 4, 1997 Consolidated Election. A District Resolution will be drafted at the next Board of Directors meeting. I will forward a certified copy of that Resolution to you.. Sincerely, +ynthia Bauer Secretary/Treasurer Ironhouse Sanitary District cb\wp60 elect97a.ltr cc: cccty election dept roxana davis,acting assist,cty registrar IRONHOUSE SANITARY DISTRICT RESOLUTION 97-8 A RESOLUTION FOR THE PURPOSE OF CALLING THE GENERAL DISTRICT ELECTION ON NOVEMBER 4, 1997 FOR THE ELECTION OF DIRECTORS YEAR 1997 -98 The District Board of Ironhouse Sanitary District does hereby resolve: 1. The General District Election will be held within the same District on November 4, 1997, for the election of directors. The Contra Costa County Board of Supervisors is requested to consolidate the General District's Elections with the General Election in Contra Costa County to be held on November 4, 1997. The County Clerk is requested to issue declaration of candidacy papers to interested persons. 2. The offices that are up for election on November 4, 1997, the present incumbents and whether the term is full term or short term are as follows: OFFICE INCUMBENT TERM APPOINTED/ELECTED Director Lenny Byer 4 Appointed, as if Elected Director William Trice 4 Appointed, as if Elected NOW, THEREFORE,IT IS ORDERED as follows: 3. The candidate must be a registered voter of the District. 4. Directors are elected at large. Attached marked Exhibit"A" is a map of the District. 5. The cost of publication of candidate's statement shall be paid by the candidate pursuant to Election Code Section 13307. The prorated share of estimated cost of the candidate's statement shall be collected at the time of filing a candidate's statement. The number of words is limited to 200 words. 6. This resolution shall constitute the District's regulations to govern the described election. The Secretary of this District is directed to forward certified copies of this resolution to the Board of Supervisors of Contra Costa County as the District requests that the General District Election be consolidated with the General Election on November 4, 1997,and to Stephen L. Weir,County Clerk, with the request that a copy be given to each candidate as the District's regulations affecting the candidates and be delivered to each candidate, along with nomination papers. y ' Page 2 Resolution 97-8 I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Sanitary Board of the Ironhouse Sanitary District at a meeting thereof held on the 5th day of August, 1997. AYES, and in favor thereof, Members: L. Byer, D. Meadows, D. Mickelson NOES, Members: none ABSENT, Members: R. Kirkman, W. Trice Secretary (SEAL) APPROVE resident CAB\wp61 meeting\res97.8 Attachment- Exhibit A 06-04-1997 02: 16PM FROM CITY OF ANTIOCH PERSONNEL TO 93351913 P.01 facsimile TRANSMITTAL i mi to: Jeanne Maglio fax #: 335.1913 .r re: Consolidation of Election date: August 4, 1997 pages: 6 (sic), including cover sheet. Dear Jeanne, Per approval from your office, attached find Resolution No. 97/119 and 97/120 in regards to the upcoming November 4, 1997 election. A hard copy Kill follo'A% Please call our office if you have any questions. Thank you for your attention in this matter. From the desk of... Janet Chalk Deputy City Clerk City of Antioch P.O. Box 5007 Antioch,CA 94531-5007 779-7009 Fax:779-7002 08-04-1997 02: 16PM FROM CITY OF ANTIOCH PEPSONNEL TO 93351913 P.02 PNTOCN CP 94531-5007 CITY HALL THIRD AND H PO BOX 5007 (510) 779-7009 DEPARTMENT OF THE CITY CLERK FAX(510)779 7002 Florence V,Rundall,CMC TDD(510)757.5946 August 4, 1997 Clerk, Board of Supervisors Contra Costa County P0Box 911 Martinez CA 94553 Gentlemen: Enclosed is a copy of Resolution No, 971120 requesting the Board of Supervisors of Contra Costa County to consolidate the special tax election of the City of Antioch to be held November 4, 1997 with the election to be held on the same day, Also enclosed is a certified copy of our Resolution No. 97/119 calling an election to authorize a special tax for landscaping and consolidating with the November 4, 1997 election. We appreciate your consideration of our request. Sincerely, FLORENCE V. RUNDALL, CMC City Clerk R/jc Encs. cc: Steve Weir, County Clerk Roxy Dunning-Davis, EIections Dept. William R Galstan, City Attorney 08-04-1997 02: 17PM FROM CITY OF ANTIOCH PERSONNEL TO 93351913 P.03 RESOLUTION NO. 97/119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH CALLING AN ELECTION TO AUTHORIZE A SPECIAL TAX FOR PARK MAINTENANCE AND CONSOLIDATING WITH THE NOV-EMBER 4, 1997 ELECTION WHEREAS the City Council deems it advisable to submit to the voters a ballot measure on the question of a special tax to maintain parks. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby calls an election for the purpose of submitting to the voters a measure regarding a special tax. BE IT FURTHER RESOLVED that the specific proposal on the ballot shall be as follows: MEASURE "Shall the City of Antioch, at the earliest possible time, cancel assessments for park maintenance and instead impose a tax of$10.00 per month to be collected on each water bill, the proceeds to be used only to pay the costs of park maintenance throughout the community and with the amount of tax able to be increased not more than 2% per year if needed for such costs?" BE IT FURTHER RESOLVED that the City Cleric is directed, pursuant to Elections Code §5011, to transmit a copy of the measure to the City Attorney for the purpose of preparing an impartial analysis of the measure. BE IT FURTHER RESOLVED that, pursuant to Elections Code §5015, the City Clerk shall fix and determine a reasonable date prior to the election after which no arguments for or against the measure may be submitted, which date shall be noticed by the City Cleric pursuant to Section 6061 of the Government Code and Elections Code §5015. 1 06-04-1997 02: IePM FROM CITY OF ANTIOCH PERSONNEL TO 93351913 P.04 BE IT FUR111ER RESOLVED that no rebuttal arguments will be allowed. 114EREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 29th day of July, 1997, by the following vote: AYES: Council Members Payton, Soliz, and Mayor Rocha. NOES: Council Members Hernandez and Sudario. ABSENT: None. CITY CLERIC OF THE ITX OF ANTIOCH 2 08-04-1997 02: 18PM FROM CITY OF ANTIOCH PERSONNEL TO 93351913 P.05 RESOLUTION NO. 97/120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH REQUESTING THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY TO CONSOLIDATE A SPECIAL 'T'AX ELECTION OF SAID CITY TO BE HELD NOVEMBER 4, 1997 WITH THE ELECTION TO BE HELD ON THE SAME DAY WHEREAS the City Council has commenced proceedings for the calling of a ballot measure election in the City to be held November 4, 1997; and WHEREAS it is desirable that said ballot measure election be consolidated with the November, 4, 1997 school board election, and that within the City, the precincts, polling places, and election officers for the two elections be the same, and that the Board of Supervisors canvass the returns of the City ballot measure election and said City ballot measure election be held in all respects as if there were only one election; NOW, THEREFORE, BE IT RESOLVED by the Antioch City Council as follows: 1. That the Board of Supervisors of Contra Costa County be and it is hereby requested to consolidate the ballot measure election to be held in said City on November 4, 1997 with the school board election to be held on said date. 2. That the exact form of the measure to be voted upon at said ballot measure election as the same shall appear on the ballot is as follows: MEASURE "Shall the City of Antioch, at the earliest possible time, cancel assessments for park and public landscaping maintenance and instead impose a tax of $10.00 per month to be collected on each water bill, the proceeds to be used only to pay the costs of park maintenance throughout the community and with the amount of tax able to be increased not more than 2% per year if needed for such costs?" 1 05-04-1997 02: 19PM FROM CITY OF ANTIOCH PERSONNEL TO 93351913 P.06 3. That the measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code. 4. That said Board of Supervisors is hereby authorized to canvass the returns of said City ballot measure election, and that said ballot measure election and said election be held in all respects as if there were only one election, and only one form of ballot shall be used. 5. That said Board of Supervisors is hereby requested to issue all officers of said County charged with duties pertaining to the November 4, 1997 election instructions to take any and all steps necessary for the holding of such consolidated election. 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors. I HEREBY CERnFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 29th day of July, 1997, by the following vote: AYES: Council Members Payton, Soliz, and Mayor Rocha. NOES: Council Members Hernandez and Sudario. ABSENT: None. CITY CLERK OF THE ZTTY OF ANTIOCH 2 )NTOCI ! CP 94531-5007 - -'� CITY HALL THIRD AND H PO BOX 5007 (510)779-7009 DEPARTMENT OF THE CITY CLERK FAX(510)779-7002 Florence V.Rundall,CMC TDD(510)757-5946 RECEIVED August 4, 1997 AUG g 1997 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Clerk, Board of Supervisors Contra Costa County P0Box 911 Martinez CA 94553 Gentlemen: Enclosed is a copy of Resolution No. 97/120 requesting the Board of Supervisors of Contra Costa County to consolidate the special tax election of the City of Antioch to be held November 4, 1997 with the election to be held on the same day. Also enclosed is a certified copy of our Resolution No. 97/119 calling an election to authorize a special tax for landscaping and consolidating with the November 4, 1997 election. We appreciate your consideration of our request. Sincerely, �4�- FLORENCE V. RUNDALL, CMC City Clerk R/jc Encs. cc: Steve Weir, County Clerk Roxy Dunning-Davis, Elections Dept. William R. Galstan, City Attorney RESOLUTION NO. 97/119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH CALLING AN ELECTION TO AUTHORIZE A SPECIAL TAX FOR PARK MAINTENANCE AND CONSOLIDATING WITH THE NOVEMBER 4, 1997 ELECTION WHEREAS the City Council deems it advisable to submit to the voters a ballot measure on the question of a special tax to maintain parks. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby calls an election for the purpose of submitting to the voters a measure regarding a special tax. BE IT FURTHER RESOLVED that the specific proposal on the ballot shall be as follows: MEASURE "Shall the City of Antioch, at the earliest possible time, cancel assessments for park maintenance and instead impose a tax of$10.00 per month to be collected on each water bill, the proceeds to be used only to pay the costs of park maintenance throughout the community and with the amount of tax able to be increased not more than 2% per year if needed for such costs?" BE IT FURTHER RESOLVED that the City Cleric is directed, pursuant to Elections Code §5011, to transmit a copy of the measure to the City Attorney for the purpose of preparing an impartial analysis of the measure. BE IT FURTHER RESOLVED that, pursuant to Elections Code §5015, the City Cleric shall fix and determine a reasonable date prior to the election after which no arguments for or against the measure may be submitted, which date shall be noticed by the City Cleric pursuant to Section 6061 of the Government Code and Elections Code §5015. 1 BE IT FURTHER RESOLVED that no rebuttal arguments will be allowed. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 29th day of July, 1997, by the following vote: AYES: Council Members Payton, Soliz, and Mayor Rocha. NOES: Council Members Hernandez and Sudario. ABSENT: None. CITY CLERIC OF THE CITY OF ANTIOCH 2 RESOLUTION NO. 97/120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH REQUESTING THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY TO CONSOLIDATE A SPECIAL TAX ELECTION OF SAID CITY TO BE HELD NOVEMBER 4, 1997 WITH THE ELECTION TO BE HELD ON THE SAME DAY WHEREAS the City Council has commenced proceedings for the calling of a ballot measure election in the City to be held November 4, 1997; and WHEREAS it is desirable that said ballot measure election be consolidated with the November, 4, 1997 school board election, and that within the City, the precincts, polling places, and election officers for the two elections be the same, and that the Board of Supervisors canvass the returns of the City ballot measure election and said City ballot measure election be held in all respects as if there were only one election; NOW, THEREFORE, BE IT RESOLVED by the Antioch City Council as follows: 1. That the Board of Supervisors of Contra Costa County be and it is hereby requested to consolidate the ballot measure election to be held in said City on November 4, 1997 with the school board election to be held on said date. 2. That the exact form of the measure to be voted upon at said ballot measure election as the same shall appear on the ballot is as follows: MEASURE "Shall the City of Antioch, at the earliest possible time, cancel assessments for park and public landscaping maintenance and instead impose a tax of $10.00 per month to be collected on each water bill, the proceeds to be used only to pay the costs of park maintenance throughout the community and with the amount of tax able to be increased not more than 2% per year if needed for such costs?" i 1 3. That the measure shall be designated on the ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10231 of the Elections Code. 4. That said Board of Supervisors is hereby authorized to canvass the returns of said City ballot measure election, and that said ballot measure election and said election be held in all respects as if there were only one election, and only one form of ballot shall be used. 5. That said Board of Supervisors is hereby requested to issue all officers of said County charged with duties pertaining to the November 4, 1997 election instructions to take any and all steps necessary for the holding of such consolidated election. 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors. I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 29th day of July, 1997, by the following vote: AYES: Council Members Payton, Soliz, and Mayor Rocha. NOES: Council Members Hernandez and Sudario. ABSENT: None. CITY CLERIC, THE TY OF ANTIOCH 2 jpI I �0 FC Ll T CT\ k Pounded 1857',, ncorporated'1964 44P-- P.O. BOX 280 • CLAYTON, CALIFORNIA 94517 TELEPHONE (510) 672-3622 FAx (510) 672-4917 City Council COMMUNITY - DEVELOPMENT (510)672-6690 GREGORY J.MANNING,MAYOR RICHARD A.LITTORNO, VICE MAYOR ENGINEERING (510)672-9700 August 1, 1997 PETER A.LAURENCE PHYLLIS L.PETERSON JULIE K.PIERCE RECEIVE® Contra Costa County Board of Supervisors AUG 41991 c/o Jeanne Maglio, Clerk of the Board 651 Pine Street, 1st Floor Martinez, CA 94553 CL.ERK�O SUPERVISORS RA COSTA CO� Dear Ms. Maglio: Enclosed please find City of Clayton resolutions as follows: Resolution No. 31-97, A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A.SPECIAL TAX THEREIN AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR (City of Clayton Community Facilities District 1997-1-Citywide Landscape Maintenance) and Resolution No. 32-97, A RESOLUTION CALLING SPECIAL ELECTION IN THE COMMUNITY FACILITIES DISTRICT (City of Clayton Community Facilities District No. 1997-1 - Citywide Landscape Maintenance). Resolution 32-97 requests the Board of Supervisors to permit the County Clerk and the County Election Department to render services relating to the conduct of the election. A certufued map of the proposed boundaries of the Community Facilities District, which is a Citywide district, is being sent to the Election Department along with a copy of the above Resolutions. Sincerely, Frances Douglas, CMC City Clerk cc: CCC Election Department 7/18/97 RESOLUTION NO. 31-97 A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN AND PRELIM! ARILY ESTABLISHING AN APPROPRIATIONS LIMIT THEI EFOMECEIVED City of Clayton Community Facilities District 1997-1 AUG 4 1997 (Citywide Landscape Maintenance) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. RESOLVED, by the City Council (the "Council") of the City of Clayton (the "City"), County of Contra Costa,State of California that WHEREAS, on June 24, 1997, this Council adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein" (the "Resolution of Intention"), stating its intention to form the City of Clayton, Community Facilities District No. 1997-1 (Citywide Landscape Maintenance) (the "CFD"), pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"); WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and stating the Services to be provided, the estimated maximum cost of providing such Services, and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the Services (as hereafter defined) with respect to the CFD, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the facilities to be provided therein and the levy of said special tax were heard and a full and fair hearing was held; WHEREAS, at said hearing evidence was presented to this Council on said matters before it, including a report by the City Manager (the "Report") as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council at the conclusion of said hearing is fully advised in the premises; WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of Services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk of the City by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half 0/2) or more of the area of land within the CFD and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed Services to be provided therein, as set forth in Exhibit A hereto, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special tax. NOW, THEREFORE, IT IS ORDERED as follows: 1. Recitals. The foregoing recitals are true and correct. 2. No Majority Protest. The proposed special tax to be levied within the CFD has not been precluded by majority protest pursuant to Section 53324 of the Act. 3. Prior Proceedings. All prior proceedings taken by this Council in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. This Council hereby finds and determines that the CFD is in conformity with the goals and policies heretofore adopted by this Council with respect to the formation of the CFD. 4. CFD Established. The community facilities district designated "City of Clayton, Community Facilities CFD No. 1997-1 (Citywide Landscape Maintenance)" is hereby established pursuant to the Act. 5. Boundaries Described. The boundaries of the CFD, as set forth in the map of the CFD heretofore recorded in the Contra Costa County Recorder's Office in Book 60 at page 19 of Maps of Assessment and Community Facilities Districts, are hereby approved and incorporated herein by reference and shall be the boundaries of the CFD. 6. Services. The type of public services proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as services on Exhibit A attached hereto and by this reference incorporated herein(the"Services"). 7. Special Taxes. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof, secured by a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Council or its designee shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the probable maximum amount such owner'will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. 8. Tax Collection City. The City Manager, 1007 Oak Street, Clayton, California, 94517 telephone number(510) 672-3622 is the officer of the City who will be responsible for preparing annually a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. 9. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code,a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the special tax obligation ceases and the lien canceled in accordance with law or until collection of the tax by the City ceases. 10. Appropriations Limit. In accordance with Section 53325.7 of the Act, the annual appropriations limit,as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $439,500 and said appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing said annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act. - 2 - 11. Election. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council. 12. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Clayton, this 29thday of ,Tule , 1997, on the following vote: AYES: Council Members Laurence, Peterson, Pierce, Vice Mayor Littorno Mayor Manning NOES: None ABSENT: None CIA or ATTEST: City Clerk - 3 - EXHIBIT A CITY OF CLAYTON Community Facilities District 1997-1 (Citywide Landscape Maintenance) DESCRIPTION OF SERVICES TO BE FINANCED BY THE CFD The Services that are proposed to be financed by the City of Clayton Community Facilities District 1997-1 (Citywide Landscape Maintenance) (the "CFD") shall include the attributable costs of maintenance of Roadway Landscaping which includes but is not limited to: Clayton Rd. from the western city limits to the southern Marsh Creek Rd. intersection Marsh Creek Rd. from the northern intersection of Marsh Creek Rd. to the eastern city limits Center St. from Oak St. to Clayton Rd. Pine Hollow Rd. from Atchinson Stage Rd. to Panadero Way Oakhurst Dr. from the western city limits to Clayton Rd. Eagle Peak Ave. from Oakhurst Dr. to Keller Ridge Dr. Atchison Stage Rd. from Pine Hollow Rd. to Caulfield Dr. Main St. from Clayton Rd. to Marsh Creek Rd. Diablo Pkwy. from Marsh Creek Rd. to El Portal Dr. Black Point Pl. center median island Caulfield Ct. center median island Jeffry Ranch Ct. center median island Open Space and Trails which include but are not limited to: Publicly owned open space and trails located within the boundaries of the District Maintenance of the foregoing improvements means the furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of the landscaping and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping and appurtenant facilities providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Maintenance also means the furnishing of water for the irrigation of the landscaping. The foregoing services shall be provided by the City, either with its own forces or by contract with third parties, or any combination thereof, to be determined by the City. M:\PROJECTS\CLAYTON\WP60\EXHIBITS.JAF A-1 EXHIBIT A CITY OF CLAYTON Community Facilities District 1997-1 (Citywide Landscape Maintenance) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax will be levied annually on each taxable parcel of land not defined exempt within the Community Facilities District 1997-1 (Citywide Landscape Maintenance) (the "CFD") and collected in the same manner as ordinary ad-valorem property taxes or in such manner as the City of Clayton City Council or it's designee shall determine, including direct billing of the affected property owners. Definitions: Taxable Parcels: Parcels of land within the boundaries of the CFD that are not included in the Exempt Parcel category listed below. Exempt Parcels: Parcels of land owned by a public agency, right-of-way parcels, churches, schools, hospitals, cemeteries, mortuaries, libraries, parks, mineral rights, private roads, pipelines, parking facilities and common areas. Residential Parcels: Taxable Parcels of land that are classified as either single family, condominium, townhouse, multi-family or rural residential parcels. Non-residential Parcels: Taxable Parcels that are not classified as Residential Parcels. Special Tax Zones: All parcels of land within the boundaries of the CFD are located within one of the three special tax zones listed below. Refer to the CFD Boundary Map to determine the location of each special tax zone. Special Tax Zone No. 1 - Former Oakhurst Landscape Maintenance District Special Tax Zone No. 2 - Former Clayton Landscape Maintenance District Special Tax Zone No. 3 - Remainder of the City of Clayton M:\PROJECTS\CLAYTON\WP60\EXHIBITS.JAF A-2 Special Tax Formula: Residential Parcels: A special tax will be levied on all Residential Parcels which include: single family, condominiums, townhouses, multi-family and rural residential at the per parcel rates shown below for the fiscal years1997-1998 through 1999- 2000. For fiscal year 2000-2001 and thereafter through fiscal year 2006-2007 the special tax may be increased annually by an amount not to exceed 2%. Residential Special Tax Formula -Residential Parcels Special Tax Zone FY 1997-1998 FY 1998-1999 FY 1999-2000 Oakhurst Area- $127.88 $119.60 $111.32 Zone No. 1 Clayton Area - $107.00 $109.14 $111.32 Zone No. 2 Remainder Area- $62.05 $87.02 $111.32 Zone No. 3 Non-residential Parcels: A special tax will be levied on all Non-residential Parcels annually at the per acre rates shown below for the fiscal years 1997-1998 through 1999-2000. For fiscal year 2000-2001 and thereafter through fiscal year 2006-2007 the special tax may be increased annually by an amount not to exceed 2%. Non-residential Special Tax Formula-Non-residential Parcels Special Tax Zone FY 1997-1998 FY 1998-1999 FY 1999-2000 Oakhurst Area- $127.88 $119.60 $111.32 Zone No. 1 Clayton Area- $107.00 $109.14 $111.32 Zone No. 2 Remainder Area- $62.05 $87.02 $111.32 Zone No. 3 M:\PROJECTS\CLAYTON\WP60\EXHIBITS.JAF A-3 Duration of Special Tax Levy: The special tax will be levied annually for a period of ten (10) years commencing in FY 1997-98. After the ten (10) year duration has expired the CFD must be abandoned unless another financing mechanism is approved by the City of Clayton. Special Tax Inflation Factor: In fiscal years 2000-2001 through 2006-2007, the special tax may be increased annually by an amount not to exceed 2% of the prior years special tax. This inflation factor is due to increases in operation and maintenance costs attributable to the CFD. M:\PROJECTS\CLAYTON\WP60\EXHIBITS.JAF A-4 EXHIBIT B CITY OF CLAYTON Community Facilities District No. 1997-1 (Citywide Landscape Maintenance) COST ESTIMATE Budget Item Amount Estimated Beginning Fund Balance (July 1, 1997) $0 Income FY 1997-98 Assessment Revenue $436,500 Interest Earned $3,000 Subtotal $439,500 Expenses Landscape Maintenance $410,080 City Administration $25,000 County Collection Fees $4,420 Subtotal $439,500 Anticipated Ending Fund Balance (June 30, 1998) $0 M:\PROJECTS\CLAYTON\EXCEL\Budget.xls B-1 1 RESOLUTION NO. 32-97 A RESOLUTION CALLING SPECIAL ELECTION IN THE COMMUNITY FAQLPFIES DISTRICT QTY OF CLAYFON Community Facilities District No.1997-1 (Citywide Landscape Maintenance) RESOLVED, by the City Council (the "Council") of the City of Clayton (the "City"), County of Contra Costa,State of California that WHEREAS, on this date, this Council adopted a resolution entitled "A Resolution of Formation of Community Facilities District,Authorizing the Levy of Special Taxes Therein and Preliminarily Establishing an Appropriations Limit Therefor" (the "Resolution of Formation"), ordering the formation of City of Clayton Community Facilities District No. 1997-1 (Citywide Landscape Maintenance) (the "CFD"), authorizing; the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD,all pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311,of the California Government Code(the "Act!'); WHEREAS,pursuant to the provisions of the Resolution of Formation, the propositions of the levy of the special tax and the establishment of the appropriations limit shall be submitted to the qualified electors of the CFD at a special election as required by the Act. WHEREAS, this Council desires that the special election be consolidated with the statewide general election to occur on November 4, 1997 and that the propositions be included on the ballot for the statewide general election which ballot is prepared by the officer charged with the duty of conducting the statewide general election for the County of Contra Costa, such official being the Registrar of Voters of the County of Contra Costa (the "Election Official"); and WHEREAS, Section 5011 of the Elections Code of the State of California authorizes the filing of an impartial analysis and Sections 5013 and 5014.5 of said code authorize the filing of written arguments for or against any ballot proposition, and, if adopted by the City Council, rebuttal arguments. NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. issues Submitted. Pursuant to Sections 53325 and 53325.7 of the Act, the issues of the levy of said special tax and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below)of the CFD at an election called therefor as provided below. The question to be voted upon as it shall appear on ballot shall be as follows: Shall a special tax be levied for ten years on every residential parcel or non-residential acre within the Clayton Community Facilities District 1997-1 (replacing income from the previous Oakhurst and Clayton Landscape Assessments) in the maximum annual amount of$127.88 (highest possible rate over 10 year life of special tax), to maintain roadway landscaping,open spaceltrails,and related administration;and shall the appropriations limit of the District be $439,500.00 (first year total budget)? 2. Qualified Electors. Pursuant to Section 53326 of the Act, the vote shall be by the registered voters of the proposed CFD,with each voter having one vote. 3. Conduct of Election. This Council hereby calls a special election (the "Election") to consider the measures described in paragraph 1 above,which election shall be held in the next general election on November 4, 1997, and conducted by the Election Official . Within three business days of the adoption of this Resolution, the City Clerk shall provide to the Election Official a copy of this Resolution, a certified map of the proposed boundaries of the CFD, and a sufficient description to allow the Election Official to determine the boundaries of the CFD. The Election is hereby, ordered consolidated with the statewide general election to be held within the City on said 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 returned, 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 the statewide general election and specified herein. The precincts used at the consolidated election shall be those used for the statewide general election, and, where necessary, the County Clerk may adjust precinct lines to coincide with the boundaries of the City. The Board of Supervisors of the County of Contra Costa is hereby requested to order the consolidation of the Election hereby called with said statewide general election, and to permit the County Clerk and the County Election Department to render services relating to the conduct of said election, which services will be determined by the City and the County Election Department, and the Board of Supervisors of the County of Contra Costa is hereby authorized to canvass the returns of said special municipal election, and said 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 12 (commencing with Section 17000) of the Election Code. The Board of Supervisors shall declare the results of the Election,based on the certified statement of results submitted for that purpose from the Election Official. 4. Ballot Materials. The City Attorney is hereby requested to prepare and to provide to Election Official the ballot material described in Section 53327 of the Act. (a) Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the measure set forth above. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the measure specified in the Ordinance 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 Election Official for printing before the 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. The deadline date for the submittal of the analysis shall be August 8 1997. (b) Financial Impact. The Director of Finance is hereby directed to prepare or cause to be prepared a statement, which shall be mailed to the voters with the sample ballot for the bond election. The statement shall include: (1) The best estimate from official sources of the special tax rate which would be required to be levied to fund the maintenance services for the CFD during the first fiscal year. (2)The best estimate of the highest tax rate which would be required to be levied to fund the maintenance servicers and an estimate of the year in which that rate will apply, based on the special tax formula for the CFD on experience within the CFD or other demonstrable factors. In addition the statement may contain any declaration of policy of the City Council of the City which proposes to utilize revenues for purposes of funding the maintenace services and the best estimate from official sources of such revenues. 5. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED by the City Council of the City of Clayton, this 29th day of .Tule , 1997, on the following vote: AYES: Council Members Laurence, Peterson, Pierce, Vice Mayor Littorno, Mayor Manning NOES: None ABSENT: None rl� yor ATTEST: City Clerk of P1 C; ash Pminole CE o oTnos C CD 2200 Pear Street Tel : (510) 724-9000 • 0 Pinole, CA 94564 Fax : (510) 724-9826 c'4l/FpRN�Q August 7, 1997 Ms. Roxanne Dunning Davis Elections & Registration Manager CONTRA COSTA COUNTY REGISTRATION-ELECTION DEPARTMENT 524 Main Street Martinez, CA 94553 Dear Roxie: Enclosed are City of Pinole Resolutions No. 144-97 and 145-97 pertaining to the upcoming General Election to be held on November 4, 1997. Resolution No. 144-97 is in the matter of a Measure on the City of Pinole's Property Transfer Tax and it requests the Contra Costa County Board of Supervisors to consolidate the Pinole Special Municipal Election with the General Election to be held on Tuesday,November 4, 1997; and authorize the Contra Costa County Elections Department to canvass the election results. Resolution No. 145-97 is in the matter of a Measure on the City of Pinole's Utility Users Tax and it requests the Contra Costa County Board of Supervisors to consolidate the Pinole Special Municipal Election with the General Election to be held on Tuesday,November 4, 1997; and authorize the Contra Costa County Elections Department to canvass the election results. If you have any questions or need further information, please contact me at 724-9001. Cordially, Dawn G. Jarrell, CMC Deputy City Clerk Attachments cc: Contra Costa County Board of Supervisors �y OF PI CV) CD Pionole CE o oTIM oE 2200 Pear Street Tel : (510) 724-9000 Pinole, CA 94564 Fax : (510) 724-9826 IFOR��Q► August 7, 1997 AUG CHER CO^TRR Op Contra Costa County CSTA C©. Board of Supervisors 651 Pine Street Martinez, CA 94553 Attention: Jeanne Maglio Dear Jeanne: This letter corrects an error that was made in the original letter when referring to the two City of Pinole's resolutions. I hand-delivered this packet to you today, and would like this corrected letter included in the packet of information given to the County Board of Supervisors. City of Pinole Resolution No. 144-97 is in the matter of a Measure on the City of Pinole's Utility Users Tax and requests the Contra Costa County Board of Supervisors to consolidate the Pinole Special Election with the General Election to be held on Tuesday,November 4, 1997; and to authorize the Contra Costa County Elections Department to canvass the election results. City of Pinole Resolution No. 145-97 is in the matter of a Measure on the City of Pinole's Property Transfer Tax and requests that the Contra Costa County Board of Supervisors to consolidate the Pinole Special Municipal Election with the General Election to be held on Tuesday,November 4, 1997; and to authorize the Contra Costa County Elections Department to canvass the election results. I apologize for the error and remain available for any questions that you or the Board may have. Cordially, v Dawn G. Jarrell, CMC Deputy City Clerk cc: Contra Costa County Elections Department of P1 o CV) W Pimnole Cai o oTIMUE 2200 Pear Street Tel : (510) 724-9000 Pinole, CA 94564 Fax : (510) 724-9826 IFO August 7, 1997 Ms. Roxanne Dunning Davis Elections & Registration Manager CONTRA COSTA COUNTY REGISTRATION - ELECTION DEPARTMENT 524 Main Street Martinez, CA 94553 Dear Roxie: This letter corrects an error that was made in the original letter when referring to the two City of Pinole's resolutions. I hand-delivered this packet to you today, and would like this to serve as the official letter. City of Pinole Resolution No. 144-97 is in the matter of a Measure on the City of Pinole's Utility Users Tax and requests the Contra Costa County Board of Supervisors to consolidate the Pinole Special Election with the General Election to be held on Tuesday,November 4, 1997; and to authorize the Contra Costa County Elections Department to canvass the election results. City of Pinole Resolution No. 145-97 is in the matter of a Measure on the City of Pinole's Property Transfer Tax and requests that the Contra Costa County Board of Supervisors to consolidate the Pinole Special Municipal Election with the General Election to be held on Tuesday,November 4, 1997; and to authorize the Contra Costa County Elections Department to canvass the election results. I apologize for the error and remain available for any questions that you may have. Cordially, Dawn G. Jarrell, CMC Deputy City Clerk cc: Contra Costa County Board of Supervisors �y pF P/pyAft CO)o ln ® e CE o (D) T [MoE 2200 Pear Street Tel : (510) 724-9000 • A Pinole, CA 94564 Fax : (510) 724-9826 C'9l/FO August 7, 1997 Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Attention: Jeanne Maglio Dear Jeanne: At their Council meeting of August 5, 1997, the City Council of the City of Pinole adopted the attached Resolutions No. 144-97 and 145-97 pertaining to the upcoming General Election to be held on November 4, 1997. Resolution No. 144-97 is in the matter of a Measure on the City of Pinole's Property Transfer Tax and requests the Contra Costa County Board of Supervisors to consolidate the Pinole Special Municipal Election with the General Election to be held on Tuesday,November 4, 1997; and to authorize the Contra Costa County Elections Department to canvass the election results. Resolution No. 145-97 is in the matter of a Measure on the City of Pinole's Utility Users Tax and requests the Contra Costa County Board of Supervisors to consolidate the Pinole Special Municipal Election with the General Election to be held on Tuesday, November 4, 1997; and to authorize the Contra Costa County Elections Department to canvass the election results. I thank you for your prompt attention in this matter and await your response. In the meantime, if you have any questions or need additional information, please call me at 724-9001. Cordially, Dawn G. Jarrell, CMC Deputy City Clerk Attachments cc: Contra Costa County Elections Department BEFORE THF, CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA In the Matter of Requesting ) that the Contra Costa County ) RESOLUTION NO. 144 _g7 Board of Supervisors ) Consolidate the Pinole Sppria.l } Municipal Election with the } General Election to be held on ) Ttiesday, Nove.mher 4. 1997: ) and Authorize the Contra ) Costal Elections Department to ) C.anvacC the. Flf-vtion Results. ) RECITALS WHEREAS, the City Clerk received an Initiative Petition signed by not less than 5016 of the voters of the City according to the Contra Costa County Registrar of Voters' last official report of registration to the Secretary of State; and WHEREAS, this petition was certified as to the number of signatures on July 1, 1997, by the Contra Costa County Registrar of Voters; and WHEREAS, the City Council has determined not to adopt said measure as an ordinance, butto summit the same as an initiative ordinance to the voters of the City at an election to be held on November 4, 1997. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PINOLE DOES HEREBY RESOLVE: 1, The City Council of the City of Pinole hereby calls for a Sperial Municipal Eletrtiuii cu be held on Tuesday, No-vcmbcr 4, 1997; and 2. Pursuant to the provisions of Sections 960.1, 10402 ani 10403 of the .Electiutis Code of the State of California it is in the best public interest to consolidate the Special Municipal Eiection with the General Election to be held on November 4, 19G7; and RESOLUTION NO.144 .97 Page 2 3. That this Council submsts to the electorate of the City of Pinole the following questipit: CITY OF PINOLE INITIATIVE MEASURE Shall an ordinance proposed by an initiative petition be adopted prohibiting the City of Pinole in the future from collecting any Utility Users Taxes on electric, gas, telephone,water, cable television, garbage collection and suer services and also repealing its current Utility Users Taxes on electric, gas, and YES telerhnne services? NO NUW, THEREFORE, IT IS FURTHER RESOLVED: 1. That the Board of Supervisors of the County of Contra Costa is requested to consolidate the Pinole Special Municipal Electlon with the General Election in he hold on November 4, 1997; and 2. That the County Elections Depanment is audiuriZCLI Lu LaIIV"N dLG results of Pinole's Measure; and 3. The City Clerk shall file a terrified copy of this ResuluLiurt with Lhe Board of Siipervisors of Contra Costa and a copy with the County Clerk. PASSED AND ADOPTED this 5th day of AUGUST , It) 97 by the following vote: AYES: COUNCILMEMBERS: Alegria, Bradshaw, Horton, Murray, and Boyle NOES: COUNCILMEMBERS: None 1 HEREBY CERTIFY THAT THE FOREGOING IS A AI;SENT: COUNCILMEMBERS: None TIME AND CORRECT COPY OFTHE ORIGINAL DOCUMENT ON FILE IN THE CITY CLERK'S OFFICE,CITY OF PMOLE,CONTRA COMA ABSTAIN: COUNCILMEMBERS: None cm,SUITE'OFCALIFORNIA. WWWAIVIELL vvr7 JA BUR DE W WY QM 0FTHE CITY OF PWME DEPUTY CITY CLERK of the City of Pinole F:1WPDWNRSW\50 i\O F RE59 ASPELECT,RES DATEr�' ■i� � BEFORE THE CITY COUNCIL OF THE CITY OF PINOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA In the Matter of Requesting that the Contra ) Costa County Board of Supervisors ) Consolidate the Pinole Special Municipal ) Election with the General Election to be ) RESOLUTION NO. 145-97 held on Tuesday, November 4, 1997; and ) Authorize the Contra Costa County Elections ) Department to Canvass the Election Results. ) THE CITY COUNCIL OF THE CITY OF PINOLE DOES HEREBY RESOLVE: 1. The City Council of the City of Pinole hereby calls for a Special Municipal Election to be held on Tuesday, November 4, 1997; and 2. Pursuant to the provisions of Sections 9603, 10402 and 10403 of the Elections Code of the State of California it is in the best public interest to consolidate the Special Municipal Election with the General Election to be held on November 4, 1997; and 3. That the measure shall appear on the ballot as follows: MEASURE Shall the City continue to collect its Transfer Tax on ' YES sales of real property, with the tax proceeds going into the NO the City's general fund? NOW, THEREFORE, IT IS FURTHER RESOLVED: 1. That the Board of Supervisors of the County of Contra Costa is requested to consolidate the Pinole Special Municipal Election with the General Election to be held.on November 4, 1997; and 2. That the County Elections Department is authorized to canvass the results of Pinole's Measure; and 3. The City Clerk shall file a certified copy of this Resolution with the Board of Supervisors of Contra Costa County and a copy with the County Clerk. PASSED AND ADOPTED this 5th day of August, 1997, by the following vote: AYES: COUNCILMEMBERS: Alegria, Bradshaw, Horton, Murray, and Boyle NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY OF THE ORIGINAL Dawn GJarrel r DOCUMENT ON FILE IN THE CITY CLERICS DEPUTY CITY CLERK of the City of Pinole OFFICE,CITY OFPINOLE,CONTRACOSTA COUNTY,STATE OF,CALIFOANIA. m:\admin\elections\specres Go JARRELL DEPUTY CITY CLERK OF THE CITY OF PINOM DATE