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HomeMy WebLinkAboutMINUTES - 09142004 - C115 'O: BOARD OF SUPERVISORS Contra FROM: Stephen L. Weir, County Clerk-Recorder S ;we Costa DATE: August 23, 2004 County SUBJECT: Approve Consolidation Requests for the November 2, 2004 General Election SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION REQUEST(S): Approve the consolidation requests as on file in the Contra Costa Elections Department from the following jurisdictions for the November 2, 2004 General Election. Please see the attached list of jurisdictions. Also included are all the remaining resolutions for consolidation that have not already been filed with your office, with the exception of North Richmond MAC. Please include this district without resolution in your consolidation order. FINANCIAL IMPACT: REASONS FOR RECOMMENDATIONIBACKGROUND: CONSEQUENCES OF NEGATIVE ACTION: a CONTINUED ON ATTACHMENT: j Yes SIGNATURE: Candy L e , ssi ant Re jstrar -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ----APPROVE �OTHER SIGNATURE(S): ACTION ON BO ON ,� ' APPROVED AS RECOMMENDED Z OTHER VOTE OF SUPERVISORS: X UNANIMOUS (ABSENT: ) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. u ATTESTED: O SWEETEN, CLERK Or THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY: �--- cc: Elections Office DEPUTY \\cccsg101\Shared DocumentsIELECTION\2004\110204\Board of Supervisors\ConsolidetlonRequestl IO204.doc _. _........ ........._._._... . . ..............__._._... ......... ......... ......... ......... ......... _... _..._. ......... ......... ......... ......... . .................................................................................. CONTRA COSTA COUNTY OFFICES&MEASURES UP FOR ELECTION NOVEMBER 2, 2004 CITIES - Exhibit 1 Antioch Mayor City Clerk Treasurer 2 Councilmembers Brentwood "'Mayor 2 Councilmembers Clayton 3 Councilmembers Concord 2 Councilmembers Danville 3 Councilmembers El Cerrito 3 Councilmembers I Measure Hercules 3 Councilmembers 2 Measures Lafayette 3 Councilmembers 1 Measure Moraga 3 Councilmembers Martinez City Clerk Treasurer 2 Councilmembers 1 Measure Orinda 2 Councilmembers Pinole Treasurer 2 Councilmembers 7 Measure Pittsburg 2 Councilmembers Pleasant Hill City Clerk Treasurer 3 Councilmembers Richmond 5 Councilmembers 2 Measures _._. ... . ......... ......... ......... .._._.... ........ .......................... ._........ ......._. ....__... ......... ......... ......... ......_.. _. _. . .. _..._.. ......................... San Pablo 3 Councilmembers 2 Measures San Ramon 2 Measures (1 -Cancelled Rotation of Mayor) Walnut Creek 3 Councilmembers 1 Measure SPECIAL DISTRICTS - Exhibit 2 Alameda-Contra Costa Transit At-Large, 1 Director (Shared with Alameda) Ward 1, 1 Director (Shared with Alameda) 1 Measure Ambrose Recreation &Park 2 Directors Bay Area Rapid Transit District 1, 1 Director (Not shared) District 3, 1 Director (Shared with Alameda) District 5, 1 Director (Shared with Alameda) District 7, 1 Director (Shared with Alameda &San Francisco) 1 Measure Bay Point Municipal Advisory Council 3 Councilmembers, Full Term 1 Councilmember, Short Term Bethel Island Municipal Improvement 3 Directors Byron-Bethany Irrigation Division 4, 1 Director (Shared with Alameda) Division 5, 1 Director (Shared with Alameda &San Joaquin) Byron Sanitary 3 Directors— Full Term 1 Director—Short Term Castle Rock County Water 3 Directors Central Contra Costa Sanitary 3 Directors Contra Costa Water Division 3, 1 Director, Full Term Division 4, 1 Director, " " Division 5, 1 Director, " " Division 2, 1 Director, Short Term Crockett-Valona Sanitary 3 Directors Diablo Community Services 2 Directors, Full Term 1 Director, Short Term 1 Measure Diablo Municipal Advisory Council 3 Councilmembers Diablo Water 2 Directors Dublin San Ramon Services 3 Directors (Shared with Alameda) 2 ......... ......... ......... ......... ......_.. ._....... ........ ............ ..._._... _........ .._...._. ......_.. ._....._... ......_.. .._...... ......................................... .......................... East Bay Municipal Utility District Ward 1, 1 Director (Not shared) East Bay Regional Park Ward 1, 1 Director (Shared with Alameda) Ward 2, 1 Director (Shared with Alameda) 1 Measure East Contra Costa Irrigation Division 2, 1 Director, Full Term Division 3, 1 Director, Full Term Division 5, 1 Director, Full Term Division 4, 1 Director, Short Term EI Sobrante Municipal Advisory Council 4 Councilmembers ironhouse Sanitary 3 Directors, Full Term 1 Director, Short Term Kensington Fire Protection 2 Directors Kensington Police Protection &Community Services 2 Directors Los Medanos Community Healthcare 2 Directors, Full Term 1 Director, Short Term Moraga-Orinda Fire Protection Division 2, 1 Director Division 5, 1 Director Mt. Diablo Health Care 3 Directors Mt. View Sanitary 3 Directors North Richmond Municipal Advisory Council 2 Councilmembers Pleasant Hill Recreation &Park 2 Directors, Full Term 1 Director, Short Term Rodeo-Hercules Fire Protection 2 Directors Rodeo Sanitary 3 Directors, Full Term 1 Director, Short Term San Ramon Valley Fire Protection 3 Directors Stege Sanitary 2 Directors West Contra Costa Healthcare 2 Directors, Full Term 1 Director, Short Term SCHOOLS - Exhibit 3 Contra Costa County Board of Education Area 1, 1 Governing Board Member, Full Term Area 3, 1 Governing Board Member, " " 3 Area 2, 1 Governing Board Member, Short Term Contra Costa Community College Ward 2, 1 Governing Board Member Ward 5, 1 Governing Board Member Acalanes Union High School 2 Governing Board Members Antioch Unified School 3 Governing Board Members Brentwood Union School 2 Governing Board Members Byron Union School 2 Governing Board Members 1 Measure Canyon Elementary School 2 Governing Board Members Chabot-Las Positas Community College,Ward 7 1 Governing Board Member (Shared with Alameda) John Swett Unified School 3 Governing Board Members Lafayette School 2 Governing Board Members Liberty Union High School 2 Governing Board Members Livermore Valley Joint Unified School 2 Governing Board Members, Full Term (Shared with Alameda) 1 Governing Board Member, Short Term (Shared with Alameda) 1 Measure Martinez Unified School 3 Governing Board Members Moraga School 2 Governing Board Members Mt. Diablo Unified School 2 Governing Board Members Oakley Union School 1 Measure Orinda Union School 2 Governing Board Members Pittsburg Unified School 2 Governing Board Members 1 Measure San Ramon Valley Unified School 2 Governing Board Members Walnut Creek School 2 Governing Board Members, l=ull Term 1 Governing Board Member, Short Term West Contra Costa Unified School 2 Governing Members Contra Costa Transportation Authority _ Exhibit 4 1 Measure ACCCSgl01\Shared DocumentMELECTION\2004\110204\Schedule 4 Exhibit 1 , - Cities ......... ......... ......... ._....... ......... __ _ ....... ....... ........ ..._.................._....._........... ...._...._.. ......... _... ......... _ _ ..................... RESOLUTION NO. 2€104/73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING CONSOLIDATION OF GENERAL MUNICIPAL ELECTION WITH OTHER ELECTIONS TO BE HELD ON THE NOVEMBER 2, 2004 REGULAR ELECTION DATE' 1. November 2, 2004 is the next regular election date in this state. (Elections Code 10403) 2. The City Council is authorized to request an order that the election be consolidated with other elections to be held on the same day and in the same territory. (Elections Code 10400, 10401, 10402, 10403.) NOW, THEREFORE, BE IT RESOLVED THAT: 1. Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of the election in the City of Antioch to be held on November 2, 2004, with any other election to be held on the same regular election date, under §10400 through §10418 of the Elections Code. The Consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed,polls opened and closed, ballots counted' and returned,returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall' be regulated and done by the 'County Clerk in accordance with the provisions of law regulating the regularly_ scheduled election. (Elections Cede §10418.) 2. Filing with County: The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. 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 22"¢ day of June, 2004, by the following vote: AYES: Council Members Kalinowski, Davis, Conley, Simonsen and Mayor Freitas NOES: None ABSENT: None K' ' JOLENE MARTIN, CMC '15(.- , -�NTIOCH CITY CLERK .......11 11.........................I..........................- ................... .............................................................................I........I.............. ....... RESOLUTION NO. 2004174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ESTABLISHING POLICIES FOR CANDIDATE'S STATEMENT FOR GENERAL MUNICIPAL ELECTION TO BEHELD'ON THE NOVEMBER 2, 2004 REGULAR ELECTION DATE WHEREAS, §13307 of the California Elections Code provides that the City Council, before the nominating period for election to local office opens,establish whether the City shall levy a charge against candidates for the candidate's statement of qualifications, as well as establish the maximum word limit of said statement. NOW, THEREFORE, BE IT RESOLVED that the following policies apply to the candidate's statement: 1) Candidate's statements shall not exceed 300 words. 2) The format and structure of the candidate's statement may be composed by the candidate but must complywith the 300-word maximum limit, fit within the allotted space on the voter information pamphlet page,and shall meet the type size specifications of the County Elections Department as determined by the City Clerk. 3) Incompliance with Resolution 2004/50 adopted by the Antioch City Council on April 27, 2004, Candidates will pay, at the time election nomination papers are filed with the Antioch City Clerk, the entire projected cost of the campaign statement, plus 10%,to cover the cost of producing and distributing the voter pamphlet,as estimated by the Contra Costa County Election Official. In the event the candidate declines the opportunity to provide a candidate statement for publication, the cost at the time of filing will be $25, the amount required by the County. 4) The County Elections Department/City Clerk will not provide for the distribution of additional candidate material. 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 22"day of June, 2003, by the following vote: AYES: Council Members Kalinowski, Davis, Conley, Simonsen and Mayor Freitas NOES: None ABSENT.- None L. JOLENE MARTIN, CMC -ATIOCH CITY CLERK 1-2 ...................................... .......... JUI 2 8 2004 b Cbty-rR ` RESOLUTION NO. 2004-158 k�LEo rtotvsOUNry A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2 2€04 PURSUANT TO §1€34103 OF THE,ELECTIONS CODE. WHEREAS, the City Council of the City of Brentwood called a General Municipal Election to be held on November 2, 2004, for the purpose of the election of a Mayor and two Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that,within the city the precincts, polling places and election officers .of the two elections be the same, and that the County Election department of the County of Contra Costa canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and NOW, THEREFORE'; THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Contra Costa is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 2, 2004, for the purpose of the election of a Mayor and two Members of the City Council. SECTION 2. ,That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be herd in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the ,holding of the consolidated election. SECTION 4. That the City of Brentwood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Contra Costa, SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of City of Brentwood at its regular meeting of June 22, 2004 by the following vote: 1-3 ..........................I.................................... .........................-................................................................... RESOLUTION NO. 2004-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD, CALIFORNIA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2 2004 PURSUANT TO §10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Brentwood called a General Municipal Election to be held on November 2, 2004, for the purpose of the election of a Mayor and two Members of the City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Contra Costa canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Contra Costa is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 2, 2004, for the purpose of the election of a Mayor and two Members of the City Council. SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and. all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Brentwood recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Contra Costa. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of City of Brentwood at its regular meeting of June 22, 2004 by the following vote: 1-4 ............................ ��Cp1� RESOLUTION NO. 20-2004 it/N 0 3 ZQ A RESOLUTION REQUESTING AND CONSENTING EL��6y'L0tilwy TO CONSOLIDATION OF THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 2004; AND SETTING SPECIFICATIONS OF THE ELECTION ORDER THE CITY COUNCIL City of Clayton, California WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 2, 2004; and WHEREAS, other elections may be held in whole or in part of the territory of the city and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10440; and WHEREAS, Elections Code Section 10242 provides that the governing board (City Council) shall determine the hours of opening and closing the polls;and WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill to the City by the County elections official; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied; against each candidate submitting a candidate's statement to be sent to the voters; and „ WHEREAS, Elections Code Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City. NOW, THEREFORE, IT IS ORDERED that an election be held in accordance with the following specifications: 1. The General Municipal Election shall be held on Tuesday, the 2°d day of November 2004. The purpose of the election is to elect three City Council seats, at-large, for full terms of four years. 2. The City Council of Clayton hereby respectfully requests of the County of Contra Costa and herein consents, to the consolidation of the election with other elections, which may be held on said day in whole or in part of the territory of the City, as provided in Elections Code 10400. 3. The City hereby designates the hours the local polls are to be kept open shall be from 7:00 a.m. to 8:00 p.m. Resolution No. 20-2004 June 1,2W4 1-5 F 4. The City will reimburse the County for the actual cost incurred in conducting the General Municipal election upon receipt of a bill stating the amount due as determined by the elections official. 5. The City Council has determined that each Candidate will pay for the voluntary Candidate's Statement as set forth in Resolution No. 35-2002. 6. The City Council of Clayton directs the City Clerk to publish the Notice of Election in the Contra Costa Times, which is a newspaper of general circulation that is regularly circulated in the City of Clayton. 7. The City Council of Clayton directs the City Clerk to send a certified copy of this Resolution to the Registrar of Voters and the Board of Supervisors of Contra Costa County. 8. The City Council of the City of Clayton, pursuant to the provision of the California Elections Code, hereby respectfully requests that the Contra Costa County Board of Supervisors direct the Contra Costa County Registrar to conduct all necessary services related to the Clayton General Municipal Election, and to bill the City for the cost of conducting the election. The City Manager is hereby authorized to reimburse Contra Costa County in full for such services actually performed upon presentation of a bill therefore from the County. Adopted by the City Council of the City of Claytonat a regular meeting of said Council held on June 1, 2004 by the following vote: AYES: Counclmembers Laurence, Shuey, Walcutt, Vice Mayor Manning, and Mayor Pierce NOES: ABSENT: ABSTAIN: APPROVED: Julie K. Pierce,Mayor ATTEST: I + I hereby cordo that Resotudon>Na-0L 00 Kathleen C. Miran, Deputy City Clerk was duly and arty seed by t Council of the Ctiv Of at a<r%War mooing held as mare, salt 1-6 Resolution No. 20-2004 June 1,2004 ... COP, I BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2' 3 A Resolution Calling For and Giving Notice of a General Municipal Election To Be Held on 4 Tuesday,November 2,2004 for the Election of Certain Municipal Officers Resolution No. 04-54' 5 1 6 WHEREAS,under the provisions of the laws relating to general law cities in the State of 7 California, a general municipal election shall be held on Tuesday,November 2, 2004, for the election 8 of certain municipal officers;and 9 WHEREAS,on May 26, 1998,the Concord City Council adopted Ordinance 98-4 to change 10 the date of the general municipal election from the odd-numbered years to the even-numbered years in 11 November; and 12 WHEREAS,on August 4, 1998,the Contra Costa County Board of Supervisors approved the 13 consolidation with the statewide general election held on the first Tuesday following the first Monday 14 in November of each even-numbered year. 15 NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 16 RESOLVE AS FOLLOWS: 17 Section 1. Pursuant to the requirements of the laws of the State of California relating to 18 general law cities,there is called and ordered to be held in the City of Concord, on Tuesday, 19 November 2, 2004, a general municipal election for the purpose of electing two(2) members of the 20 City Council for the full terms of four years. 21 Section 2. The City Clerk is authorized, instructed and directed to work with the County 22 Elections Department as needed in order to properly and lawfully conduct the election. The ballots to 23 be used in the election shall be in form and content as required by law. The County Elections 24 Department is authorized to canvass the returns of the general municipal election. 25 Section 3. The Board of Supervisors is requested to instruct the County Elections Department 26 to provide such services as may be necessary for the holding of the consolidated election. The 27 election shall be held in all respects as if there were only one election. The City of Concord 28 recognizes that the County will incur additional costs because of this consolidation and agrees to Res.No.04-54' 1 1-7 1 I reimburse the County for those costs. 2 Section 4. The polls for the election shall be open at seven o'clock a.m. on the day of the 3 election and shall remain open continuously from that time until eight o'clock p.m. that same day, 4 when the polls shall be closed,except as provided in Section 14401 of the Elections Code of the State 5 of California. The notice of the time and place of holding the election is hereby given, and the City 6 Clerk is authorized to give further notice of the election, as required by law. 7 Section 5. Candidate's Statements will be limited to 300 words and the costs associated with 8 the publication of said statements will be collected from the submitting candidate. 9 Section 6. In the event two or more candidates receive an equal number of votes,the 10 resolution of a tievote will be by lot, pursuant to Section 15651 of the Elections Code of the State of 11 California. 12 Section 7. The City Clerk is directed to file a certified copy of this resolution with the Contra 13 Costa County Board of Supervisors and the County Election Department. 14 Section 8. This resolution shall become effective immediately upon its passage and adoption. 15 i/ 16 1! 17 i! 18 11 19 20 // 21 /l 22 23 // 24 /l 25 26 27 11 28 /! Res.No.04-54 2 1-8 I PASSED AND ADOPTED by the City Council of the City of Concord on June 22, 2004, by 2 the following vote: 3 AYES: Councilmembers - S. Bonilla, L. Hoffineister, B. McManigal, M. Peterson, H. Allen 4 NOES: Councilmembers, None 5 ABSTAIN: Councilmembers -None 6 ABSENT: Councilmembers -None 7 I HEREBY CERTIFY that the foregoing Resolution No. 04-54 was duly and regularly' 8 adopted at a regular joint meeting of the City Council and the Redevelopment Agency of the City of 9 Concord on June 22, 2004. 10 11 APPROVED AS TO FORM: Mary R Lehman City Cl rl 12 13 Craig Laba .e _ I certify that thts is a true copy of 14 City Laba a document on file in this office. 15 Clerrk 16 SEAL. t,iiy Ut l�i01X`roKl,cafol fa 17 cc: County Election Department Contra Costa County Board of Supervisors 18 19 20 21 22 23 24 25 26 27 28 Res.No.04-54 3 1-9 l ' 5. The Town Council has determined that the candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 300 words; and 6. The Town requests that the Registrar of Voters publish the Notice of Election in the San Ramon Valley Times,which is a newspaper of general circulation that is regularly circulated in the Town of Danville; and 7. The Town directs that a certified copy of the Resolution be forwarded to the Registrar of Voters,and the Board of Supervisors of Contra Costa County;and, be it FURTHER RESOLVED,that the candidate will incur all costs associated with producing, the Candidate's Statement and will be required to deposit with the Town the estimated total cost of the statement. APPROVED by the Danville Town Council at a regular meeting on Tuesday,June 15,2004, by the following vote: AYES: Arneri.ch, Doyle, Andersen, Shmansky, Stepper NOES: Nene ABSTAINED: None' ABSENT. None MAYOR APPROVED-` AS TO FC3Tt'M: ATTEST: eg IS ' ^ CITY ATTORNEY CITY CLERK PAGE 2 OF RESOLUTION NO. 73-2004 ....................................................................... JUN 2 12004 (,,-,_ -� RESOLUTION NO 2004 - 48 CONTRA ELECT"; COUNTY IONS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ORDERING THAT AT THE REGULAR MUNICIPAL ELECTION TO BE HELD IN THE CITY OF EL CERRITO ON NOVEMBER 2, 2004,A MEASURE TO RATIFY AND APPROVE THE CITY OF,EL CERRITOS EXISTING UTILITY USERS TAX BE SUBMITTED TO THE VOTERS AND REQUESTING THAT THE BOARD OF SUPERVISORS CONSENT TO THE CONSOUDATION OF THIS ELECTION WITH/' THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE WHEREAS, due to the decision of the California Supreme Court in Howard Jarvis Taxpayers Association v. City of La Habra, (2001) 25 CalAt" 809, the El Cerrito City Council desires that the existing Utility.Users Tax be submitted to the 'voters for ratification and approval at the next general municipal election; and WHEREAS, the next general municipal election is scheduled for November 2,2004. NOW THEREFORE be it-resolved by the City Council of the City of El Cerrito that: SECTION 1. MEASURE TO BE SUBMITTED TO THE VOTERS. Section 2(b) of Article X111C of the California*Constitution(Proposition 218)requires that a general tax-submitted to the voters for approval shall be consolidated with the regularly scheduled general municipal election for members of the City Council, unless a fiscal emergency is declared by a unanimous vote of the City Council. In 1991, the City Council adopted a Utility Users Tax at a rate of 8% of the charges paid by City residents and businesses for telephone, gas, electricity, and cable television services, The Council did not submit the tax to the voters at that time in reliance upon the California Court of Appeal decision in City of Woodlake v. Logan, (1991) .230 Cal.App.3d 1058, ("Woodlake ) which held that the voter approval requirements of Proposition 62 for local taxes were unconstitutional. In 1995, the California Supreme Court in Santa Clara County Local Transportation Authority v. Guardino, (1995) 11 CalAt" 220, ("Guardino'� overturned the Woodlake decision and held that the voter approval requirements of Proposition 62 were constitutional. The Supreme Court in that case, however, did not address whether its decision would be applied retroactively to local taxes adopted in reliance upon the Woodlake decision. The Supreme Court addressed this issue in Howard Jarvis.Taxpayers Association v. City of La Habra, (2001) 25 Cal.4h 809, (La Habra). The Supreme Court's holding in the La Habra case on the applicable statute of limitations indicates that the City's Utility Users Tax may be subject to legal challenge, with a risk of refund liability, indefinitely into the future unless the tax is submitted to the voters. The City's.Utility Users Tax raises approximately $2.2 million in general fund revenues per year that accounts for approximately 12% of the City's general fund revenues. The revenues generated by the Utility Users Tax are used to fund essential City services, including police, fire and medical response, recreation, child care, senior services, landscape and park maintenance, public works, planning and other basic City services. The loss of these tax revenues would have Page I of 3 1-12 ......................... ............. a devastating effect on the City's finances,particularly in light of the loss of revenues to the City that will result from the State's budget problems. City staff have concluded that if the City no longer receives revenues from its Utility Users Tax, services will need to be significantly reduced or eliminated in the '2004/2005 Fiscal Year. A reduction in:the City's work farce will adversely impact.established City programs and services such as significantly increased response times in both the police and fire'departments, a cut in recreation and senior services and -a decrease in park and infrastructure maintenance. This situation creates significant uncertainty about the City's ability to fund its current level of general services and will likely lead to significant difficulties in retaining aril recruiting City employees., Additionally,should the'City be forced to refund the $2.2 million from 12 months of claims, unrestricted reserves will need to be reduced from approximately 14%to less than 3%. In order to eliminate the threat of litigationand the uncertainty;that currently exists regarding the City's tax, revenues, and give the City's voters the opportunity to vote on the tax, the City Council finds that the Utility Users Tax should be submitted to the voters at the regularly scheduled municipal election which will be consolidated with the statewide general election to be held on November 2, 2004. (ii:i:t xt.bf the.QTtili Users Tax merit e, Ordinance 2:004-5, attached to this Resolution as hall be printed in the yQter p-- nhIrJ The measure to be submitted to the voters on the ballot s 'awe as follows: "Continuance,Ratification of Existing Utility Users Tax.: Shall an ordinance be adopted that continues and ratifies the existing eight percent Utility Users Tax in order to fund ongoing City services in the City of El Cerrito, provided that low income seniors are exempted from the Tax for electricity and gas and all expenditures are subject to an annual audit? Yes No " SECTION 2. EV2ARTIAL ANALYSIS. The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280. SECTION 3. BALLOT ARGUMENT. The City Council and its members are hereby authorized to submit a ballet argument for the measure,pursuant to Elections Code 9219. The last day for filing of primary arguments is August 9, 2004. SECTION 4. RMSTING THE CONSOLIDATION OF ELECTIONS: Pursuant to Elections Code Sections 10400-10403, the City Council of the City of El Cerrito hereby requests that the Board.of Supervisors consent to the consolidation of the general municipal election described in Section 1 of this resolution with the statewide general election to be held on November 2, 2004. Within the City of El Cerrito, the election precincts,hours of voting,polling places and voting booths shall in every case be the same and there shall be only one set of election officers in each of the precincts;provided that no person not a qualified elector of the City of El Cerrito shall be permitted to vote for the measure placed on the ballot by the City Page 2 of 3 t-13 Council. The election precincts,polling places and officers of election within the City of Eli,"0.06 a Cay, Cerrito for the general municipal election called by this resolution shall be the same as those °lvs NrY selected and designated by the County Registrar of Voters. SECTION 5. PROYIS10S FQPREBUTTAL ARGT-1ENT The provisions of Elertions Code Section}2 S shall,apply ci a -coon. SECTION€i. NOTICE. The City Clerk is authorized and directed to give notice of the general 0 municipal election as required by law. The City Clerk shall file a copy of this consolidation with the County Elections Official and the Clerk of the'Board of Supervisors forthwith. SECTION 7. EFFECTIVE DATE OF ORDINANCE. Ifma'iorinance o�voters a prove A!,Ordinance 2004-5, attached to this Resolution as Exhibit the shall be ee ectitive ten (10)days after the City Council declares the results of the election. PASSED AND ADOPTED this 7th day of June 2004,by the following vote: AYES: Councilmembers Abelson., Friedman, Potter, Moore NOES: Councilmernbers None ABSENT. Councilmembers Mone ABSTAIN., Councilmembers Brusetori t.' .. Ptitl Vooee,MAYOR ATTEST: ` x A�[N�DA ElATtf t?P �jj Clerk ' KGIDD,f,I" rk of the City of EI Cerrito, CA Page 3 of 3 1-14 :.:. RESOLUTION NO. 04-049 ZOp� CALLING A MUNICIPAL ELECTION TO BE HELD IN THE CITY OF HERCULES ON TUESDAY, NOVEMBER 2, 2604, FIXING LENGTH OF CANDIDATES STATEMENTS AND GIVING DIRECTION TO STAFF REGARDING PAYMENT OF A SHARE OF THE COST OF CANDIDATE'S STATEMENTS WHEREAS, Section 2-1.04 of the HerculesMunicipal Code provides for a general municipal election to be conducted on the day of the statewide general election'. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Hercules as follows'. 1.' A general municipal election is hereby called and ordered to be held in the City of Hercules on Tuesday, the 2nd of November, 2004 at which election, the following offices are to be filled: COUNCIL MEMBER-Three to be elected'. 2.' Candidate's statements-shall be limited to 250 words in addition to the candidate's name, ,,age and occupation, $500 will be charged to help defray the cost of the preparation and mailing of the candidate's statements, all' as provided' in Section 13307(e)of the Elections Code of the State of California. 3.' The County Clerk shall commence official canvass pursuant to Elections Code Sections 15301 and 15308 no later than the first Thursday following the election and must be submitted tot he governing body within 28 days of the election. BE IT FURTHER RESOLVED that the Clerk of the City of Hercules shall sign and. deliver to each person elected a certificate of election, and administer to each person elected the Hath of Office prescribed in the State Constitution. The foregoing Resolution was duly and regularly adopted at a regular meeting'of the City Council of the City of Hercules held on the 8th day of June 2004 by the following vote of the Council: AYES: Balico, Batara, Evans-Young, Valstad, Ward NOES: None ABSENT: None Of H Rt- Joage Ward,Mayor A C.r 0044 % ` I HERESY CERTIFY THAT THE FOREGOR4G ISA TRUE AND COPRECT COPY OF THE OR:G:1IAL I' _ DOCUME=NT ON FILE IN THE CITY CLERKS OFFICE,CITY of HERCULES,CONTRA COSTA ti� I b I�L_ - en Mathews, City e COUNTY,STATE of CALIFORNIA •�'�' ;°tt,'• ' / DOREEN S.MATHEWS.CITY CLERK 1-15 U 17 RESOLUTION NO. 04-050 2004 REQUESTING- THAT THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE HERCULES GENERAL MUNICIPAL ELECTION WITH THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2004 ANIS SETTING SPECIFICATIONS OF TIME ELECTION ORDER WHEREAS, as per Section 2-1.04 of the Hercules Municipal Code, the City Council has ordered a municipal election to be held on Tuesday, November 2, 2004 to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the city and it is to the advantage of the city to consolidate pursuant to Elections Cade Section 10400; and WHEREAS, Elections Code Section 10242 provides that the governing board shall determine the hours of opening and closing the polls; and WHEREAS,Elections Code Section 10002 requires the city to reimburse the county in full for the services performed upon presentation of a bill to the city by the county elections official; and WHEREAS, Elections Cade Section 13307 requires that before the nominating period opens the governing, body must determine whether a charge shall be levied against each candidate submitting a candidates' statement to be sent to the voters; and WHEREAS, Elections-Code Section 12101 requires the publication. of a notice of the election once in a newspaper of general circulation in the city. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the Council hereby requests that the Contra Costa County Board Of Supervisors consolidate the Hercules General Municipal Election with the general election to lse'helcl on Tuesday, November 2, 2004 and setting the following specifications of the elecfion order 1. The election shall be held on Tuesday,the 2nd day of November,`2004: The-purpose of the election is to choose successors for the following offices: Council Members -three (3)to be elected for four(4) year terms. 2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the city, as provided r in Elections Code 10400. 3. The City hereby designates the hours the polis are to be kept open shall be from 7:00 A.M. to 8:00 P.M. 1-36 ..........: RESOLUTION NO. 04-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES, CALIFORNIA, GIVING NOTICE OF THE HOLDING OF AN ELECTION ON TUESDAY, NOVEMBER -2, 2004 FOR THE SUBMISSION OF A PROPOSED' MEASURE CONTINUING THE UTILITY USERS TAX WHEREAS,the City Council of the City of Hercules, California,desires'to submit to the voters of the City at the next regular Municipal election a proposed measure relating to the utility'user tax., and ' WHEREAS,the City Council is authorized by statute to submit the proposed measure to the voters; and NOW, THEREFORE, THE CITY {COUNCIL OF THE CITY OF HERCULES, CALIFORNIA, IDES RESOLVE, DECLARE, DETERMINE AND ORDER. AS FOLLOWS: Sects og 1. Pursuant to the requirements of the laws of the State of Califor is relating to general', law cities, the following ballot measure shall be submitted-to'-the voters of the"City of Hercules at the next regular municipal election to be held on Tuesday,I4oveinber 2,2004: 1 ;V,. In order to maintain vital city services and prevent severe cuts in police,public safety,parks and recreation, and city services in Yes Hercules, shall Ordinance 395 be adopted continuing the existing 6%utility users tax? No Section 2. The ballots to be used at the election shall be in form and content as required by law. Sect. The City Cleric is authorized, instructed and directed to procure and furnish any and all official ballots,notices,printed matter and all supplies, equipments and paraphernalia that may be necessary in order to,properly and lawfully conduct the election. Section 44. The polls shall be open on the day of the election and shall remain open continuously on that same day when the polls shall be closed, all as required by the laws of the State of California. Section 5. in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 1-17 Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time,form and manner as required by law. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 22nd day of June 2004 by the following vote of the Council AYES: Balico,Batara, Evans-Young, Valstad, Ward NOES: None ABSENT: None i#E �;-,� Joanne Ward,Mayor A iSEA ' k 9 HE?* rY CERTIFY TR-NT THE r-,,. FOREGOING rtS' A 7 F N GO' 7,E—%- CO"Y OFTHr 0RR-71RAL CITY 0':HERCULES,CONTPA COSTA GOijt�1Y,STATE OF CAUFOk!�t�•3.IA !�C?r'tFP,?n�,(�TL`EtiPdS,Gl'3Y CL�F�PC 2 ....... T4 v. :rr. ....: rr.:x... ... ?:?. :{rr :.. �y {�(y AUG � 2004 RESOLUTION IO11 NO. 04-089 A RESOLUTION OF THE CITY COUNCILOF THE CITY OF HERCULES, CALIFORNIA, GIVING NOTICE OF THE HOLDING OF AN ELEMON ON TUESDAY, NOVEMBER 21 2004 FOR THE SUBMISSION OF A PROPOSED MEASURE ENTITLED "HERCULES GENERAL'PLAN AMENDMENT AND LAND USE DESIGNATIONS FOR THE FRANKLIN CANYON AREA" TO THE HERCULES ELECTORATE WHEREAS, an initiative that has been given the ballot title of"Hercules General Plan Amendment And Land Use Designations For The Franklin Canyon`Area"'(the "Initiative") has been duly certified as required by law;and WHEREAS, on June 22, 2004, certification of the Initiative was presented to the Hercules City Council,and WHEREAS, on June 22, 2004, in accordance with Elections Code Seetico 9215, the Hercules City Council ordered the preparation of a report pursuant to Elections Code Section 9212;and WHEREAS,the report pursuant to Elections Code Section 9212 has been duly presented to the City Council; and WHEREAS, the Hercules City Council determines that it is in the best interests of the City of Hercules to submit the Initiative to the voters of the City of Hercules. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE ,AND ORDER AS FOLLOWS: Section 1. Pursuant to the requirements of the laws of the State of California relating to general law cities, the following ballet measure shall be submitted to the voters of the City of „ Hercules at the nkx regular municipAl election to be held on Tuesday,November 2, 2004 Shall the City of Hercules adapt an ordinance that will amend the Land Yes Use, Circulation,Housing, Open Space/Conservation, Safety,Noise*,. Economic Development and Growth Management Elements of its General Plan and define the scope of the following land uses that can be allowed in the area of Hercules commonly known as Franklin Canyon: ° residential-uses,residential rental of rooms, agricultural uses;rearing of animals,commercial uses, institutional uses, and government facilities? Section 2. The ballots to be used at the election shall be in form and content as required by law. -rts u Section 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots,notices, printed matter and all supplies, equipments and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. The polls shall be open on the day of the election and shall remain open continuously on that same clay when the polls shall be closed, all as required by the laws of the State of California. Section 5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by lave for holding municil al elections. Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 7. If mia�va�lfixdanRbind�ing oting on the ballot measure vote in its favor, the ordinance shall become ordinance of the City. The ordinance shall be considered as adopted upon the date that the vote is declared by the Hercules City Council, and shall go into effect 10 days after that date. The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 27'h day of July, 2004 by the following vote of the Council: AYES: Balico, Batara, Evans-Young, Valstad, Ward NOES: None ABSENT: None panne Ward, Ma or yiii;l5'C�! ATT POR�+ 4, �� .a t T } i.:.; .. ".. ,, ,tc Do athews, City r ,,S,jt ,s,CONITPACOSTA 2 T-20 ... UO-ID-U4 'WO FfOM-UtY lir Laraystta VO L44 J1bV 1-401 F UUUM3 t—Lilt BEFORE THE CITY COUNCIL OF THE CITY OF LAF'AYETTE IN THE MATTER 4F: Reque96vg the Contra Costa Board of Supervisors to ) Consolidate the Municipal Elections with Other Elections) to be held on November 2,2004 ) Resolution No.2004-034 WHEREAS,pursumt to Chapter 2-16,Section 2-1601 of the City of 1:,2yene Municipal Code,November 2,2004 is the next general municipal election date for the City of Lafayette;and WHEREAS,the purpose of the next general municipal election for the City of Lafayette(November 2,2004)is to elect three mmabers to the Lafayette City Council for four year terms as described below: Out not currently held by Carol Felerighi;out ast currently held by Erling Horn,and one seat currently held by Carl Andean,;and WMREAS,Novennber 2,2004,is the next regular election date for The State of California;and, WHEREAS,pursuant to California Elections Code S40tionS 10400 91 sea.,the City Council is authorized to request an other that the City's general election be consolidated with other elections to be bald on the sameday in the sante territory;and VMREAS,the City Council desires to request the Board of Supervisors of the County of Contra Costa to Consolidate the City's general niunicipal'election WWI any other election to be held on the same regular election date pursuant to Elections Code Sections 10400- 1041$. WHEREAS 1aw provides Hurt when a tie vote occurs for two candidates for local office,the winner will be chosen by chance,i.e.,by ,unless city adapts a resolution under Elections Code section 15651 to obtain authority for a special runoff election;and Ee _ �0= of�t� tl� elievesitis in the best interests of the voters ofcial nmff eltobe co NOW THEREFORE BE IT RESOLVED THAT: 1. Consolidation and Conduct of Election. The Dosed of Supervisors of the County of Contra Costa,State of California,is requested to order the consolidation of#he general municipal election,in the City Of Lafayvttc to be held On Noveraber 2,2084,with any other election to be held on the same regWar election Batt,under Sections 10400- 10418 of the Elections Code. The Consolidated Election shall be held and conducted,election officers appointed,voting precincts designated,ballots printed,polls opened and closed,ballots counted and retained,returns canvassed,and rendts declared,cerdficaes ofelectic n issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election. 2. Filing with County_ The CityClerk is directed to file with the Board of Supervison and the County Clerk of Contra,Costa County certified copies of this Resolution at least $8 days before the date of the election. 3. Tie vote.The City of Lafsyetto adopts the provisions of Section 15651(b)of the California Blectioa code toprovide fora special runoff election to resolve a tie vote for candidates who receive an equal number of votes. PASSED AND ADOPTED by the City Council of the City of Lafayette at a regular meeting of said Council on June 14,2W4,by the following vote: AYES:Horn,Anduri,F'ederighi,Samson and Tatzin NOES:None' ABSENT:None ABSTAIN:None ATTEST: APPROVED: JoAku Robbins,c%Clerk Ening ora,Maur r 1-21 ,.U6-I6-Ila W0 rrom-Llty Of lataYWS Vib Zd4 SM I-W Y.UUSfUUJ t-ttSi BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN TOE MATTER OF: Establishing a Policy for the Candidate's ) Statement for Local Election Voter } Resolution No.2004-035 Information Pamphlets } WHEREAS,Section 13307 of the California Election Coyle allows the City Council of the City of Lafayette to establish a policy regulating the length of Candidate's Statements to be distributed in the Voter Information Pamphlet and allows it to require each Candidate to pay a filing fee. NOW,THEREFORE,the City Council of the City of'Lafayette RESOLVES: 1. Pursuant to Elections Code Section 13307, each Candidate may prepare a Candidate Statement which shall not exceed 300 words; 2. The format and structure of the Candidate Statement crust comply with the 300- word limit set within the space on the layout guide and shall meet the type,size and specifications of the Election Code, 3. The Candidate shall pay 5500 for his or her estimated pro rata share of the cost of producing and distrilxuting information in the Voter Information. Parrsphlet, including the cost of printing, handling, translating and mailing the Candidates Statements and complying with the Federal Voting Rights Act of 1965, as amended; this fee will be collected at the time nomination papers are filed; if the actual cost is less than$500 the City shall reimburse the candidates accordingly_ 4. The City logo shall appear on the cover of the Voter Information Pamphlet; 5. The City Clerk shall not provide for the distnbution of additional Candidate material. PASSED and ADOPTED by the Lafayette City Council on June 14, 2004 by the following vote to writ: AXES:Horn,Andusi,Federighi,Samson and Tatzin NOES: None ABSENT: None ABSTAIN: None APPROVED:."_ Erling Horn,Mayor ' ATTEST: Jo a Robbins,City Clerk 1-2z ...: ;.. .............................................................................-...1.111.1111, . .....................................................................I..................................................... BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE In the Matter of. CALLING A SPECIAL MUNICIPAL BOND ORDINANCE NO. 545 ELECTION FOR APPROVAL OF RESIDENTIAL AND NEIG14BORHOOD ROAD AND DRAIN- IMPROVEMENT BONDS WHEREAS, the City Council (the "CounciPof the City of Lafayette (the "City"), by resolution duly passed and adopted by affirmative vote of more than two-thirds of all its members at a meeting of the Council duly and regularly held on July 9, 2004, did determine that the public interest and necessity demand the acquisition, construction and completion of the municipal improvements hereinafter mentioned; and did further determine that the cost of the acquisition, construction and completion of said municipal improvements will be too great to be paid out of the ordinary annual 'income and revenue of the City and will require an expenditure greater than the amount allowed therefor by the annual tax levy, and will require the incurring of a bonded indebtedness therefor; NOW, THEREFORE, The City Council of the City of Lafayette does ordain as follows: Section 1. Specifications of Election Order. (a)A special municipal bond election is hereby ordered to be held throughout the City of Lafayette on November 2, 2004, for the purpose of submitting to the qualified electors of the City a proposition of incurring bonded indebtedness of the City, summarized for purposes of Section 13247 of the Elections Code of the State of California (the "Elections Code"), as follows: "In order to continue the road and drain repair and reconstruction work begun in 1995 on Lafayette's major thoroughfares, and extend work to all of the City's neighborhood streets, shall the City of Lafayette be authorized to incur bonded indebtedness of$29 million, to be repaid through an increase in the property tax?" (b) The Registrar of Voters (the "Registrar of Voters")hof the County of Contra Costa (the "County") is hereby requested to reprint the summary of the measure contained in subdivision (a) of this Section (the "Measure") as the ballot measure in all official materials pertaining to the election, including notices of election, notices inviting arguments, and other notices,voter information pamphlets, and the official ballots. DOCSSFI:751188.1 1-23 ......... .................. ._... . __ ......... _ _ ....._... ......... ......_.. _ _ ._............ ...... ....._. .... _ _ Section 2, Required Recitals. (a) Pur2ose. The object and specific purpose of incurring the indebtedness is to finance a portion of the cost of acquisition, construction and/or completion of municipal improvements consisting of repair and reconstruction of the City's residential and neighborhood roads and storm drains, and proceeds of the bonds shall be spent only for such purpose,pursuant to Government Code Section 53410. (b) Cost of Improvements. The estimated cost of the municipal improvements described in subdivision (a) to be funded from the bonds is $29,000,000. The City plans to spend other available City moneys for the remaining portion of the costs of the municipal improvements. The estimated cost of the municipal improvements includes legal and all other fees incidental to or connected with the authorization, issuance and sale of the proposed bonds, the costs of printing the bonds,and all other costs and expenses incidental to or connected with the authorization,issuance and sale of the bonds. (c) Amount of Bonds. The amount of principal of the indebtedness proposed to be incurred for said municipal improvements is $29,000,000. (d) Maximum Interest Rate. Said bonds shall bear interest at the rate of not to exceed 12% per annum,the maximum currently allowed by law, such rate or rates to be determined at the time of sale of the bonds or any series thereof (e) Date of Election. The election will be held on November 2, 2004. (f) Election Procedures. Except as otherwise provided herein, the manner of holding the election, the forms of the ballots, the procedures for voting for or against the Measure, the procedures for canvassing the vote, and all other procedures for conducting the election, shall be as directed by the Elections Code, or as determined by the Registrar of Voters in accordance with the Elections Code. The City Clerk is hereby authorized and directed to cooperate with the Registrar of Voters and to follow the procedures and meet all deadlines established by the Registrar of Voters. The Measure shall be approved by the affirmative vote of at least two-thirds of the qualified electors voting on the Measure. (g) Maximum Maturity of Bonds. The final maturity date of any of the bonds shall not exceed 40 years from the time of incurring the indebtedness evidenced by such bonds or the series of bonds of which such bonds are a part. (h) ecial Bond Proceeds Account Annual Report to Council. Upon approval of the Measure and the sale of any bonds approved, the Council shall establish an improvement fund or account (which may be an existing fund or account, if appropriate) in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the City Manager shall cause a report to be filed with the Council no later than December 31 of each year, commencing December 31, 2005, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the City Manager shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Council. DOCSSF1:751188.1 2 1-24 Section 31 Rgauest for Consolidation. Pursuant to its Resolution No. 2004-034, adopted on June 14, 2004,,the Council has requested with respect to its general municipal election, and hereby requests with respect to the special municipal bond election called hereby, that the Board of Supervisors of the County consolidate said election with any other election being conducted on the same date in the same territory or any territory which is in part the same. The precincts, polling places and officers of election shall be the same as those set forth in any order of the Registrar of Voters or the Board of Supervisors of the County providing for the precincts, polling places and election officers for the general city, county and statewide election to be conductedon the date of the special municipal bond election,as set forth in the notice to be published by the Registrar of Voters pursuant to Sections 12105 and 10417 of the Elections Code. Section 4. Impartial Analysis. The City Clerk is hereby directed to transmit a copy of the Measure to the City Attorney of the City, who is hereby directed to prepare the impartial analysis of the Measure pursuant to Elections Code Section 9280. The City Attorney shall cause the Impartial Analysis to be filed with the City Clerk no later than August 13,2004. Sectio 5. Primary Arguments. Arguments in favor of or against the Measure shall be submitted to the office of the City Clerk no later than August 13,2004. Sec an 5, Tax Rate Statement. The Administrative Services Director of the City is hereby authorized anal directed to cause to be prepared a tax rate statement as required by Elections Code Section 9401 in connection with the Measure. The Administrative Services Director shall cause the Tax Rate Statement to be filed with the Registrar of Voters at the same time as this Ordinance is filed,and in any event no later than August 6, 2004. Section 7. Rebuttal Ar#j'Ments. The Council has adopted the provisions of Elections Code Section 9285(a) for.elections on City measures, and will accept rebuttal arguments on the Measure. If both primary arguments in favor of and against the Measure are submitted, rebuttal arguments must be filed with the City Clerk no later than August 20,2004. Section 8. Notice of Election. Notice of the election shall be given by publication of this ordinance in the Contra Costa Times, a newspaper published at least six days per week in the City, once a day for at least seven days prior to the holding of the election, and the City Clerk is hereby ordered and directed to cause this ordinance to be so published. No other notice of the election need be given. Section 9. Filing with Re-istrar of Voters. The City Clerk is hereby authorized and directed to file a certified copy of this Ordinance with the Registrar of Voters as soon as practicable after the adoption hereof, and in any event no later than August 6,2004. DOCSSF1:7511 ss:1 3 1-25 _. _.__. . .. . ....................................................................... ......... ........_.....__.. ... _.__.. Section 10.Effective Date. A two-thirds vote of all of the members of the Council is required for approval of this ordinance. Being an ordinance calling and ordering an election, this ordinance shall take effect from and after its final passage and approval.' The foregoing ordinance was introduced at a special meeting of the City Council of the City of Lafayette held on July 9, 2004, and adopted and ordered published at a regular meeting of the Council held on July 26,2004,by the following vote: AYES: Horn, Federighi, Samson,Tatzin NOES: None ABSENT: Anduri ABSTAIN: None Er ' Ho ayor ATTEST: < ---- - Cherie Lilly, City Clerk DOCSSF1:751188.1 4 7-26 ... :.:.: .....W...:ti.,v,.:ririi::(:;ii:j<:'r,'.... :k:k.::m:::.:::::• :v ........ __. ......... ......... ......... ._....... _...._........ .... ....... ..............__....... ......... ......... ......... .........................._. ..................................... CLERFVS CERTIFICATE I, the undersigned City Clerk of the City of Lafayette, California, do hereby certify as follows: The foregoing is a fulL true and correct copy of an ordinance introduced at a special meeting of the City Council of the City of Lafayette duly and regularly held at the offices of the City' at 3675 Mt. Diablo Boulevard, Suite 220, on July 9, 2004, and duly adopted by the City Council at a regular meeting of the City Council duly and regularly held at the regular meeting place thereof on July 26, 2004, of which meeting all of the members of the City Council had due notice and at which a quorum thereof was present and acting throughout- At hroughoutAt said meeting the ordinance was introduced by Council Member Horn and read by title only, and was thereupon, upon motion of Council Member Tatzin, seconded by Council Member Federighi,adopted by the following vote: AYES: Councihnembers Horst, Federighi, Samson,Tatziu NOES: None ABSENT: Anduri I have carefully compared the attached with the original minutes of the meeting on file and of record in my office and the attached is a full, true and correct copy of the original ordinance adopted at the meeting and entered in the minutes. The ordinance has not been amended, modified or rescinded since the date of its introduction and adoption and is now in full force and effect. Dated: July 27, 2004. City Clerk, City of La 'vette DOCSS1;1:751188,1 1-27 r ORDINANCE NO. 1315 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARTINEZ, CALLING AND PROVIDING FOR A MUNICIPAL BOND ELECTION FOR THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY THE PROPOSITION OF WHETHER BONDED INDEBTEDNESS OF SAID CITY SHOULD BE INCURRED FOR THE PURPOSE HEREIN SET FORTH; DECLARING THE AMOUNT OF BONDS PROPOSED TO BE ISSUED AND THE MAXIMUM RATE OF INTEREST TO BE PAID THEREON MAKING PROVISIONS FOR THE LEVY AND COLLECTION OF TAXES; FIXING THE DATE OF SAID ELECTION AND THE MANNER OF HOLDING THE SAME AND THE PROCEDURE FOR VOTING FOR OR AGAINST SAID PROPOSITION; AND PROVIDING FOR NOTICE OF SAID ELECTION WHEREAS, the City Council (the "Council") of the City of Martinez (the "City" ) , by resolution duly passed and adopted at a meeting of the Council duly and regularly held, by affirmative vote of more than two-thirds of all its members, did determine that the public interest and necessity demand the acquisition, construction and completion of the municipal improvements hereinafter mentioned, and did further determine that the cost of the acquisition, construction and completion of said municipal improvements will be too great to be paid out of the ordinary annual income and revenue of the City and that said municipal improvements will require an expenditure greater than the amount allowed therefore by the annual tax levy, and will require the incurring of a bonded indebtedness therefore . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES ORDAIN AS FOLLOWS: SECTION I . A municipal bond election (the "Election") is hereby called to be held throughout the City Of Martinez on November 2, 2004 , for the purpose of submitting to the qualified electors of the City the proposition of incurring bonded indebtedness of the City for the purpose and in the amount set forth in the following measure : DOCSSF1:744653.3 A-1 1-28 PROPOSITION In order to improve the quality of (Martinez Library, Park, life for Martinez citizens by and Neighborhood renovating the public library, Improvement Act) making land and waterside improvements to the marina, upgrading and expanding city park facilities and fields, renovating Rankin Pool, and repaving city roads, shall the City of Martinez issue $30 million of bonds at tax- exempt rates, with spending subject to review by an independent citizens, oversight committee, biannual audits, and no money for city administrators' salaries? The current estimated cost of the municipal improvements as set forth in said Proposition (the "Proposition") (including legal and all other fees incidental to or connected with the authorization, issuance and sale of the bonds evidencing the indebtedness proposed to be incurred for said municipal improvements and the costs of printing said bonds and all other costs and expenses incidental to or in connection with the authorization, issuance and sale of said bonds) is the sup► of $30, 000, 000, and the amount of the indebtedness proposed to be incurred for said municipal improvements is the sum of $30, 000, 000 , or such lesser amount as shall be specified in an ordinance amending and supplementing this ordinance should the estimated cost of the municipal improvements decrease. SECTION II. (a) The Council does hereby submit the Proposition to the qualified electors of the City at the Election and hereby designates and refers to the Proposition in the form hereinabove set forth as the Proposition to be set forth on the ballots hereinafter prescribed for use at the Election. (b) The Election shall be held and conducted, and the votes thereof received and canvassed, and the returns thereof made and the result thereof ascertained and determined as herein provided, and in all particulars not prescribed by this ordinance the Election shall be held as nearly as practicable in conformity with the election laws of the State of California providing for the holding of municipal elections. T .-.Council here tip-rla=--a that. the provisions of Elections(Code Section 9285 (a) shall apply o the DOCSSFI:749653.3 2 1-29 Election called herein. only qualified voters of the City ) may vote at the Election. (c) The City hereby requests thBoard of Supervisors df the County of Contra Costa, Stat California "County" ) to to consolidate the Election with any other election being conducted on the same date in the same territory or any territory which is in part the same . Pending approval of such request, the Election will be consolidated with any election held by the County. In any event, the Election will be held on November 2, 2004, from the hour of 7: 00 a.m. to the hour of 8 : 00 p.m. , during which period of time the polls will remain continuously open. At 8 : 00 p.m. the polls will be closed., except as provided in Section 14401 of the Elections Code, and the officers of the Election shall thereupon proceed to canvass the ballots cast thereat . (d) The precincts and polling places therein and the election officers appointed to conduct said Election shall be the same as those selected by the County and set forth in the notice of election to be published by the County in The Contra Costa Times . (e) In addition to all other matters required by law to be printed thereon, the ballots to be used at the Election shall state the Proposition set forth in Section 1 hereof . (f) The City Clerk of the City (the "City Clerk.")shall supply, or arrange for the County Clerk of the County to supply, ballots, stationery and all other things necessary for the conduct of the Election to the proper officers of the Election. (g) The canvass of the Election shall be conducted by the officers of the Election and the return of the Election, shall be certified to the Council, each such action to be taken at the time and in the manner provided by law. Thereafter, the Council shall declare the result of said Election at the time and in the manner provided by law. SECTION SII . The principal amount of bonds proposed to be issued by the City in the event that the Proposition shall carry by two-thirds of the qualified voters voting on such Proposition at the Election is the sum of $30, 000, 000, or such lesser amount as shall be specified in an ordinance amending and supplementing this ordinance should the estimated cost of the municipal DOCSSFI,749653.3 3 1-30 ................................................ improvements decrease. Said bonds shall bear interest at the rate of not to exceed 12 percent (12%) per annum. If at the Election two-thirds of the electors of the City voting on the Proposition vote in favor of it, then bonds in an amount not exceeding the amount specified in such Proposition may be issued for the purpose set forth in such Proposition. Provision is hereby made for the payment of the principal of interest on said bonds as follows: For the purpose of paying principal of and interest on the Bonds, the Council shall, at the time of making the general tax levy after incurring the bonded indebtedness, and annually thereafter until the Bonds are paid or until there is a sum in the treasury of the City set apart for that purpose sufficient to meet all payments of principal and interest on the Bonds as they become due, levy and collect a tax sufficient to pay the interest on the Bonds and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available; provided, however, that if it is expected that all or any part of the Bonds will be sold at such time that the principal of or interest on such Bonds will become due before the proceeds of a tax levied after such sale would be available to pay such principal or interest, the Council at the time of fixing the annual tax levy, may levy a tax in an amount clearly sufficient to pay that portion of the principal of and interest on the Bonds which it is expected will become due before the proceeds of the next succeeding tax levy will be available. Such taxes shall be levied and collected as other City taxes and shall be in addition to all other taxes and shall be used only for payment of the principal of the Bonds and interest thereon. Said taxes as collected shall be forthwith paid into the fund for which the same were levied and collected and which shall be designated the "City Of Martinez General obligation Bond Debt Service Fund" (the "Debt Service Fund") , and all sums to become due for the principal of and interest on the Bonds shall be paid from such Debt Service Fund. SECTION IV. Notice of the Election shall be given by publication of this ordinance in the Martinez News Gazette (which the Council hereby finds and declares to be a newspaper of general circulation pub'lished in the City) , ,once a day for seven consecutive days prior to the holding of the Election and the City Clerk is hereby ordered and directed to cause this ordinance to be so published. Such publication shall constitute notice of said Election. SECTION V. Pursuant to Elections Code Section 9280, the City Clerk is hereby directed to transmit a copy of the proposed Proposition to the City Attorney who shall prepare the DOCSSFI:749653.3 4 1-31 ................... ..................................................... .......11.1.......I--.............. impartial analysis of Proposition as described in Section 9280 . The City Clerk is also directed to cause to be prepared a tax rate statement as required by Elections Code Section 9401, which tax rate statement shall be reviewed by the City Attorney. SECTION VI. Pursuant to Elections Code Section 9285, the Council hereby adopts the provisions for the filing of rebuttal arguments set forth therein. The deadline for submission of such arguments shall be determined by the County. SECTION VII. The Council shall cause to be prepared biannual audits of the use of proceeds of the bonds with the first such audit to be completed no later than 60 days after the second anniversary of the issuance of the first series of bonds . The Council shall establish an independent Citizens' Oversight Committee (the "Committee") to review the proceedings and implementation of the financing program to ensure that bond proceeds are expended in accordance with the projects listed in Proposition -. The committee shall be established within 60 days of the ate when the results of the election appear in the minutes of the Council . The Committee shall consist of nine (9) members, each appointed by the Council . (a) Membership of the Committee The membership of the Committee shall consist of : -one member selected from the Park and Recreation Commission of the City. -one member selected from the Marina Commission of the City. -one member selected from the Arts and Library Commission of the City. -one member selected from an athletic organization sanctioned by and active within the City. -one member selected from a senior citizen' s group active within the City (or, if no such group is active within the City, one member who is a senior citizen in addition to any other members of the Committee who may qualify as senior citizens) . -one member selected from a Martinez business organization. DOCSSFI:749653.3 1-32 ......................... .......... -one member selected from the Proposition — campaign committee. -Two members selected at large, with one being 18 years of age or under. Residence within the corporate limits of the City shall be a requirement for membership on the Committee. Committee members will serve without compensation and at will of the Council . Any member of the Committee listed as absent in the minutes of three or more regularly scheduled meetings of the Committee shall be subject, at the option of the Council, to removal from the Committee. Vacancies in the membership of the Committee arising for any reason including but not limited to resignation, disability, death, or removal shall be filled by the Council no later than sixty (60) days from the time such vacancy arises. A Chairperson shall be chosen from and elected by the members of the Committee during the first regularly scheduled meeting of the Committee. In the event that no person volunteers to serve on the Committee within any of the categories described above, the Council may appoint any person who is a registered voter in the City of Martinez and who is not a Council member to serve in such capacity. (b) Proceedings of the Committee The Committee shall conduct regular meetings, each occurring no later than sixty (60) days after, the completion of the biannual audit of the expenditure of bond proceeds'. Minutes of each meeting shall be recorded by a City staff liaison assigned to the Committee, and such minutes shall be filed with the City Clerk, with copies forwarded to the Council and the City Manager. All meetings of the Commission will be held in compliance with the provisions of the Ralph M. Brown Act. The Committee will be dissolved, by action taken at a regularly scheduled meeting of the Committee, upon completion of the review of the audit of the City issued after all bond proceeds have been expended. SECTION VIII. This ordinance being an ordinance calling and ordering an Election shall take effect from and after its final passage and approval . SECTION IX. Severability. 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 this ordinance . DOOSSFT:749653.3 6 1-33 The City Council hereby declares that it would have adapted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. APPROVED: js/ Rob Schroder Rob Schroder, Mayor ATTEST: /s/ .Mary A. Franzen Deputy City Clerk I HEREBY CERTIFY that the foregoing Ordinance was duly and regularly introduced at a Regular Meeting of the City Council of the City of Martinez, held on the 16T8 of June, 2004, and duly passed and adopted at a Regular Meeting of said City Council held on the 7th of July, 2004, by the following vote: AYES : Councilmembers Delaney, Kennedy, Wainwright, Vice Mayor Ross and Mayor Schroder NOES : None ABSTAIN: None ABSENT. None jsj Richard G. Hernandez RICHARD G. HERNANDEZ, CITY CLERK CITY OF MARTINEZ DOCSSF1:749653.3 7 1-34 CLERK 'S CERTIFICATE I, Mary A. Franzen, Deputy City Clerk of the City Of Martinez, California, do hereby certify as follows: The 'foregoing is a full, true and correct copy of an ordinance introduced at a regular meeting of the City Council of the City Of Martinez (the "City Council") duly and regularly held at the meeting place on June 16, 2004 and duly adopted by the City Council, at a regular meeting of said City Council duly and regularly and legally held at the regular meeting place thereof on July 7, 2004, of which meeting all of the members of said City Council had due notice and at which two-thirds thereof was present. At said meeting said ordinance was introduced by Mayor Schroder and read by title only, and was thereupon, upon motion of Vice Mayor Ross, seconded by Council Member Kennedy, by the following vote: AYES: Councilmembers DeLaney, Kennedy, Wainwright, Vice Mayor Ross and Mayor Schroder NOES: None ASSENT: None I have carefully compared the same with the Action Agenda of said meeting on file and of record in my office and said ordinance is a full, true- and correct copy of the original ordinance adopted at said meeting. The original ordinance has not been amended, modified or rescinded since the date of its introduction and adoption and the same is now in full force and effect. Dated July ,9, 2004 . 4N.r MaYlyW 'Priqfizefi, Deputy Citf C erk City f M rtinez (SEAL) 1-35 BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA JOV 0 3 In the matter of: 00Vr4 Osrq o0d4 r'o�s U�vey Appointing County Clerk to Prepare and Provide ) Election Services for November 2, 2004 } Resolution 13-2004 Municipal election and Provide Regulation for } Candidates Statements Preparation ) WHEREAS, November 2, 2004 is the date for the regularly scheduled .Municipal Election for the Town of Mbraga; and WHEREAS, the following positions will be subject to election: MEMBER OF THE COUNCIL MEMBER OF THE COUNCIL MEMBER OF THE COUNCIL; and WHEREAS, it is more efficient and expedient for the County Clerk to provide election services for the Municipal Election. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Moraga that the Contra Costa Registrar of Voters is hereby appointed as the municipal election officer for the Town of Moraga for all services pertaining to the November 2, 2004 election; and BE IT FURTHER RESOLVED that candidates for election may file a candidate's statement of not more than 200 words, to be mailed with the election materials an of tributin such sta�temerrtt�will -responslbility of those candidates. N.._. .....,M. ADOPTED by the Town Council of the Town of Moraga on April 28,2004 by the following vote: AYES: Mayor Dennis Cunnane, Vice Mayor Mine Majchrzak, Councilmember Dale Walwark, Councilmember Jerry Karney and Councilmember Lori Landis 1-36 el �S� pd� BEFORE THE CITY C7UNCU. OF THE CITY OF ORJNDA P\N 1 cod t,t In the Matter of: Requesting the Consolidation of the General ) Municipal Election with Other Elections To ) Resolution No. 34-04 Be Held on the November 2, 2004 Regular ) Election Date ) ) WHEREAS, November 2, 2004 is the next regular election date in this state; and WHEREAS, the City Council is authorized to request an order that the election be consolidated with other elections to be held on the same day and in the same territory. (Elections Code Sections 10400, 10401, 10402, 10403.) NOW, THEREFORE, BE IT RESOLVED THAT: I. Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of the election in the City of Orinda to be held on November 2, 2004, with any other election to be held on the same regular election date(Election Code Sections 10400 through 10418). The Consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, pulls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the election shall be regulated and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election (Elections Code Section 10418). 2. Filing with County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. (Elections Code Section 10403) ADOPTED by the City,Council of the City of Orinda on June 1, 2004, by the following votef AYES: COUNCILMEMBERS: Abrams, Judge, Wheatland, Worth, Hawkins NOES: COUNCILMEMBERS: None A_BSENT: COUNCILMEMBERS: None 4ce kins Ma oATTEST TDIfiH TR EPY A. HA*tSEN ith A. Hansen,City Clerk City Clerk City of Orinda, CA 1-37 JUN 2 12004 CONTRA COSTA COUNTY BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA ELECTIONS In the Matter of Adopting Regulations for Candidates ) for Elective Office Pertaining to ) Materials Submitted to the Electorate ) Resolution No. 35-04 and the Costs Thereof for the General ) Municipal Election to be Held in ) Orinda on November 2,2004 ) WHEREAS, Section 13307 of the Elections Code of the State of California authorizes the governing body of any local agency to adopt regulations pertaining to materials prepared by any candidate for a municipal election,including costs thereof. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda hereby adopts the following regulations for candidates for elective office in the November 2, 2004 General Municipal Election: (a) Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age, and occupation of the candidate and a brief description of no more than two hundred and fifty (250) words of the candidate's education and qualifications expressed by the candidate. Such statement shall not include party affiliation of candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. Such statements may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. on the first working day after the close of the nomination period. (b) Each candidate filing a candidate's statement shall be billed for services rendered,a sum not greater than the actual prorated costs of printing and handling the candidate's statement. A minimum deposit of$650.00 will be required upon the filing of the statement. ADOPTED by the CityCouncil of the City of Orinda on June 1,2004, by the following vote: AYES: COUNCILMEMBERS: Abrams,Judge, Wheatland, Worth, Hawkins NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None r jyc Ha ns,Mayor ATTEST: RTIFIED A TR E COPY t "- '� ITH A. HANSEN J ith A. Hansen,City Clerk ity Cl City of Orinda, CA 1-38 :..:. ».. RESOLUTION 2004-36 RESOLUTION OF THE PINOLE CITY COUNCIL REQUESTING THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE PINOLE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON NOVEMBER 2, 2004 FOR.TWO COUNCIL,SEATS AND ONE TREASURER SEAT AND TO AUTHORIZE THE CONTRA COSTA COUNTY ELECTIONS DEPARTMENT TO CANVASS THE ELECTION RESULTS WHEREAS,Section 1.45.010 of the Pinole Municipal Code provides for a general municipal election to be conducted on the day of the statewide general election, the first Tuesday after the first Monday in November of each even-numbered year; and WHEREAS,Elections Code Section 10400 provides that the City Council may request the County Board of Supervisors to consolidate said general municipal election with the statewide general election; and WHEREAS,the terms of two members of the City Council and the City Treasurer will expire and the positions must be filled; and WHEREAS,it the case of a tie-vote for any office to be filled at the General Municipal Election, the winner shall be determined by a runoff election, as provided for in Elections Code Section 15651(b). WHEREAS,Section 12109 of the Elections Code of the State of California provides that the elections official conducting the election shall give notice of the designation of a central counting place for the voted ballots of the Pinole General Municipal Election. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF PINOLE DOES HEREBY RESOLVE: Y. The City Council of the City of Pinole hereby calls for a General Municipal Election to be held on Tuesday,November 2,2004; and 2. Pursuant to the provisions of Sections 10400, 10402 and 10403 of the Elections Code of the State of California, it is in the best public interest to consolidate the Pinole General Municipal Election with the Statewide Election to be held on November 2,2004;and 3. That this Council submits to the electorate of the City of Pinole candidates for two(2) Council seats and one(1)Treasurer seat. NOW,THEREFORE,IT IS FURTHER RESOLVED: I. That the Board of Supervisors of the County of Contra Costa is requested to consolidate the Pinole General Municipal Election with the Statewide Election to be held on November 2,2004, for two City Council seats and the position of City Treasurer; and Council Resolution No.2004-xx Page 1 1-39 2. That the County Elections Department of the County of Contra Costa is authorized to specify the location for the tally of ballots,canvass the results of the two Council seats and the position of Treasurer and certify the results to the Deputy City Clerk of the City of Pinole; and 3. That the Deputy 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 Cleric. 4. That the City Manager is authorized and directed to compensate the County for the cost of conducting the General Municipal Election for the City. PASSED AND ADOPTED this 25"'day of June,2004, by the following vote: AYES: COUNCILMEMBERS:Alegria,Boyle,Coke,Horton&Murray NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PATRICIA ATHEN6UR,CMC DEPUTY CITY CLERK of the City of Pinole R:\CLERKNResolufions\Council\2004\R-2004-etectconsolidate.doc I hereby cer`ly that thef�regq"sng#s a true and correct copy of the ` i _..._document on file in the...._.. " - c e--City of of Psno# ;Contra Costa Co y,State Patricia At enour. Deputy Cle of the City of Pin Date: ncit Resotutioa No.2004-xx ;..` . Page 2 1-40 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Requesting the Consolidation of the Municipal Resolution No. 04- 1.0085 Election with Other Elections to be Heid an ) Tuesday, November 2, 2004 General Election ) Bate for the Election of Certain Officers as } . Requiredby the Provisions of the Laws of the y �� State of CaliforniaRelating to Genera! Law Cities and Levying a Charge and Establishing Word Limitation for Candidates' Statement } The Pittsburg City Council FINDS AND DETERMINES as follows: A. The City Council is authorized to request and order the Regular Municipal Election to be consolidated with other elections to be held on the same day in the City (Elections Code Section 10400, et. seq.); and B. Levy a charge and establish a word limitation for candidates' statement (Elections Code Section 13307). NOW, THEREFORE, BE IT RESOLVED THAT: I. Ordering Election. The City Council hereby calls and orders an election in the City of Pittsburg on November 2, 2004 for the purpose of electing two (2) members of the City Council, whose terms expire November, 2004. 2. Consolidation and Conduct of Election. The Board of Supervisors of the County of Contra Costa, State of California, is requested to order the consolidation of this election in the City of Pittsburg to be held on November 2, 2004, with any other election to be held on the same regular election date, under the authority of Elections Code Section 10400 et seq. The consolidated elections shall be held and conducted, elections officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed, results declared, certificates of election issued, and all other proceedings incidental to and connected with the elections shall be regulated . and done by the County Clerk in accordance with the provisions of law regulating the regularly scheduled election (Elections Code Section 10240 et seq.). 3. Filing with the County. The City Clerk is directed to file with the Board of Supervisors and the County Clerk of Contra Costa County certified copies of this resolution at least 88 days before the date of the election. 1-41 4. Levying a Charge and Establishing Word Limitation for Candidates Statement. Section 13307 of the California Elections Code provides that the City Council, before the nominating period for election to local office opens, establish whether said City shall levy a charge"against candidates for the Candidate's Statement of Qualifications or other materials sent to voters. The City has determined that the Candidates' Statement of Qualifications shall not exceed 300 words. The City Clerk is authorized to levy a fee of$700.00 for each candidate for local public office who wishes to have a Candidate's Statement of Qualifications included with the sample ballot which is to be sent to each voter for the municipal election to be held on November 2, 2004. This fee is to cover printing and excess postai costs. The $700.00 fee shall be payable at the time of filing. This fee includes the state mandated Spanish translation. if translation of the Candidate's Statement of Qualifications to another language is desired, a separate (additional) fee of $400.00 shall be levied. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7t' day of June, 2004, by the following vote: AYES: . Council Member Kee, Glynn, Beals & Vice-Mayor Parent NAYS: None ABSTAINED: None ABSENT: Mayor Rios Aleid .Ri , Mayor ATTEST: ill'la J. Prid@, City rk Resolution No. 04-10085 Page 2 of 2 1-42 X. :.... .. RESOLUTION NO. 37-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REGARDING THE CONDUCT OF THE MUNICIPAL ELECTION TO BE HELI? NOVEMBER 2, 2004 WHEREAS, the City Council has ordered a Municipal Election to be held on Tuesday, November 2, 2004, to fill certain municipal offices; and WHEREAS, other elections may be held in whole or in part of the territory of the City and it is to the advantage of the City to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10242 provides that the governing board shall determine the hours of opening and closing the polls; and WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in full for the services performed upon presentation of a bill to the City by the County elections official; and WHEREAS, Elections Code'Section 13307 requires that before the nominating period opens, the governing body must determine whether a charge shall be levied against each candidate submitting a Candidate Statement to be sent to the voters; and WHEREAS, Elections Cade Section 12101 requires the publication of a notice of the election once in a newspaper of general circulation in the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill hereby orders that an election be held in accordance with the following specifications. l. The election shall be held on Tuesday,the 2nd day of November 2004. The purpose of the election is to choose successors for three City Councilmembers, a City Clerk and a City Treasurer, all with terms ending November 2008. 2. This City Council hereby requests and consents to the consolidation of this election with other elections, which may be held in whole or in part of the territory of the City, as provided in Elections Code 10400. 3.' The City hereby designates the hours the polls are to be kept open shall be from 7:00 a.m.'to 8.00 p.m. 4. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. 1-43 5. The City Council has determined the candidate will pay for the Candidate Statement, which shall be limited to 200 words, according to the Word Count Regulations issued by the City Clerk. 6. Each candidate shall pay the City $200.00 at the time of filing nomination papers, if he or she submits a Candidate Statement to be included in the Voters' Pamphlet. This sum is a partial payment for the cost of such statements. When the City receives an invoice for the printing costs of the Candidate Statements, it will bill the candidate for the balance of his or her pro rate share. The candidate must pay the balance within 30 days of the City's billing date. 7. The period for filing nomination papers shall commence on July 12, 2004. The deadline for filing nomination papers will be August 6, 2004 at 5:00 p.m. provided,however, that if nomination papers for an incumbent elective officer are not filed by said date and time, the voters will have until 5:00 p.m. on August 11, 2004 to nominate candidates other than the incumbent for such office. s 8. The City requests that the Registrar of Voters publish the Notice of Election in the Contra Costa Times, which is a newspaper of general circulation that is regularly circulated in the City. 9. The City Council directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and the Board of Supervisors of Contra Costa County and that a copy be given to each candidate or candidate's representative at the time nomination papers are issued. ADOPTED by the City Council of the City of Pleasant Kill at a regular meeting of the Council held on the 21st day of June, 2004, by the following vote: 1k) o AYES: Angeli, Durant, Harris, Willimnson, Escover ti NOES: None c Sy 7- ABSENT: None ABSTAIN: None CHARLES C. ESCOVER, Mayor ATTEST: C P- 2---� DORIS P. NILSEN, City Cler DEPt/7YClTYCY. CrrYOFPLEAS.;r'wt: APPROVED AS TO FORM: DEBRA S. MARGOLI�Cit �Attomey 1-44 ............... ............ FILED RESOLUTION NO. 89&4a 04AUG-3 Aft 11. 53 :'OHTRA COSTA' RESOLUTION OF THE COUNCIL OF THP CITY OF RICHMOND,CAU1rCdRM&;A P TOMUENIT' CALLING FOR A CHARTER AMENDMENT ELECTION ON A CHARTER AMENDMENT SUBMITTED BY THE CITY COUNCIL REDUCING THE NUMBER OF CITY COUNCILM0,1BERS FROM NINE To SEVEN EFFECTIVE FOR THE ELECTION SCHEDULED FOR NOVEMBER 2008 BE IT RESOLVED by the Council of the City of Richmond,California,as follows: Section I. A Charter Amendment Election is and for said City is hereby called to be held in said City on Tuesday,November 2,2004,on the following charter amendment A submitted by the City Council: Aw4 /jet "Shall the Charter of the City of Ricbmnd be amended to reduce the number of City Council members from nine to seven effective for the election scheduled for November 2009,as set forth in Section 1 of Ekl&it A of City Council Resolution No.89-04a on file in the office of the City Clerk. Section 2. The City Clerk of the City of Richmond is hereby ordered and directed to cause saidproposed charter amendment to be printed and to mail a copy of said charter amendment to all registered voters in the City of Richmond with their sample ballots in substantially the form set kTth in Exhibit A,attached hereto. Section 3. (a) Said Charter Amendment Election shall be consolidated with the General Election to be bold within said City on November 2,,2004. The election precincts,polling places and voting booths within said City or said Chatter Amendment Election shall in every case be the same as the election precincts,polling places and voting booths established for the General Election and the election officers for said Charter Amendment Election shall be the same as those selected and designated or to be selected and designated for the General Election. (b) Said Charter Amendment Election shall be held and conducted,and the votes thereof canvassed,and the returns thereof made,all in accordance with the general election laws ofthe State of California and the Charter and ordinances of said City. (c) All persons qualified to vote at municipal elections in said City upon thedate of said Charter Amendment Election shall be qualified to vote. (d) The polls for said Charter Amendment Election shall be opened at 7:00 am. of the day of the electionandshall remain open continuously from said time until 8:00 p.m.of the day of the election,when said polls shall be closed. (e) Isacl Council shall meet forthw#4 a#pr paqvw ,of the return of said the Charter Amendment Election and shall state in,thq rnihi#es of such meeting the results of said.ChgW Avnendtw&tlection as ascertained by said canvass. Section 4. The City Clerk of the City of Richmond is hereby authorized to sign a Nplico of Eleciion and Notice of Measure To Be Voted On in substantially the following foray 1-45 NOTICE OF ELECTION AND NOTICE OF MEASURE TO BE VOTED ON NOTICE IF HEREBY GIVEN that the following measure is to be voted on at the Charter Amendment Election to be held in the City of Richmond,on'Tuesday,the 20°day of November 2004: "Shall the Charter of the City of Richmond be amended to reduce the number of City Councilmembers from nine to seven effective for the election scheduled for November 2008,as set forth in Section 1 ofExhibit A of City Council Resolution No.89-04a on file in the office ofthe City Clerk?" Said Charter Amendment Election has been consolidated with the General Election to be held in the City ofRichmond on November 2,2004. The election. precincts within the City of Richmond for said Charter Amendment Election shall be the regular election precincts established for said General Election,and the'polling places and officers of election within the City of Richmond for said Charter Amendment Election shall be the same as those selected and designated or to be selected and designated for.said General Election. The polls will be opened between the hours of 7:00 am.and 8:00 p.m BY ORDER OF THE CITY COUNCIL OF THE CITY OF RICHMOND. Dated:June 22,2004 MANE -- Clerk ofthe City of Richmond (SEAL) The Clerk ofthe City of Richmond is hereby authorized and directed to publish said Notice of Election and Notice of Measure To Be Voted On in the WEST COUNTY TIMES,a newspaper of general circulation circulated within the City ofRiehmond,in accordance with the provisions of Section 12114 ofthe Elections Code ofthe State of California. ------------- I hereby certify that the foregoing Resolution was adopted by the Council of the City of Richmond at a regular meeting thereof held June 22,2004,by the following vote: AYES: Councilmembers Butt,Griffin,Perin,Rogers,and Viramontes. NOES: Councilmembers Belcher,Bell,Bates,and Mayor Anderson. ABSTENTIONS: None. ABSENT: None. 2 1-46 DIANE 14OLMU Clerk.of the City of Richtmnd (SEAL) Approved: IRMA L.ANDER-140N Certified as a Tru Copy Mayor C! RK wr I me Cf7Y OF RICHMOND,CA Approved as to form: City Attorney State of California } County of Contra Costa :as. City ofRichmond } I certify that the foregoing is a true Copy of Resolution No.89-04a adapted by the Council of the City ofRichmoud at a regular meeting held June 22,2004. 3 t-47 FILED RESOLUTION NO. 103-04 U4 AUG-3 AM(l= SS RESOLUTION OF THE CITY COUNCIL OF w'°hRT'St9cliUE TY P 7 RICHMOND, CALIFORNIA, CALLING AND FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS AN ORDINANCE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION WHEREAS,the City Council(the"Council")of the City of Richmond(the"City"),within the County of Contra Costa,California(the "County"),is authorized to levy,increase,or extend a transactions and use tax for general purposes at a rate of 0.25 percent or a multiple thereof,if the ordinance proposing that tax is approved by a two-thirds vote of all members of the Council and the tax is approved by a majority vote of the qualified voters of the City voting in an election on the issue,pursuant to Sections 7251 and following and Section 72$5.9 of the Revenue and Taxation Code of the State of California(the"Revenue and Taxation Code");and WHEREAS,the Council has Meld one reading of and must approve by a two-thirds vote of all members of the Council such an ordinance(the `,ordinance");and WHEREAS,the Council deems it necessary and advisable to submit the Ordinance to the qualified voters of the City to be approved by a majority of the votes east;and WHEREAS,on November 2,2004,a regularly scheduled statewide election is scheduled to be conducted throughout the City;and WHEREAS,Section 2.16.070 of the Municipal Code of the City requires that an impartial analysis of the measure covering its financial impact upon City government be printed preceding the arguments for and against the measure in official materials relating to the election;and WHEREAS,the Board now desires to authorize the filing of a ballot argument in,favor of the measure to be submitted to the voters at the election; i NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Richmond,as follows: _a,9L,oA 1. The foregoing recitals are true and correct,and this City Council so finds and determines. ec ion 2. A special election to be held in the City on Tuesday, November 2,2004(the"Initiative Election')is hereby called and consolidated with the statewide election to be held Tuesday,November 2,2004,for the pFpe of submitting the following proposition: "Shall the ordinance imposing a transaction sales and use tax of one-half of one percent (fs%) in order to provide additional funds for general governmental purposes of the City,such as police,fie, emergency medical,library,recreation,local street maintenance and other general governmental services,be adoptedT' y action 3. The City Clerk of the City of Richmond is hereby ordered and directed to cause said pro initiative measure to be ' and to mail a copy o�sai initiative measure to all registered voters in the City of- 1-48 f Richmond with their sample ballots in substantially the form set forth in Exhibit A. attached hereto. ...a �» , .....,.�... .w,.. . .,... ..,, . e-t n 4. (a)The City hereby requests the Board of Supervisors of the County of Contra Costa,State of California(the"County")to consolidate the Initiative Election with the statewide election being conducted on the same date in the same territory or any territory which is in part the same. Fending approval of such request,the Initiative Election will be consolidated with any election held by the County. In any event,the Initiative Election will be held on November 2,2004,from the Dour of 7:40 am.to the hour of 8:00 p.m.,during which period of time the polls will remain continuously open. At 8.00 p.m.the polls will be closed,except as provided in Section 14401 of the Elections Code, and the officers of the Election shall thereupon proceed to canvass the ballots cast thereat. (b) The election precincts,polling places and voting booths within said City for said Initiative Election shall in every case be the same as the election precuts,poft places and voting booths established for the statewide election and the election officers for said Initiative Election shall be the same as those selected and designated or to be selected and designated for the statewide election. (c) Said Initiative Election shall be held and conducted,and the voters thereof canvassed,and the returns thereof made,all in accordance with the general election laws of the State of California and the Charter and ordinances of said City. (c) All persons qualified to vote at municipal elections in said City shall be qualified to vote. (d) Said Council shall meet forthwith after the canvass of the returns of said Initiative Election and shall state in the minutes of such meeting the results of said Initiative Election as ascertained by said canvass. r4n 5.• The City Clerk of the City of Richmond is hereby authorized to sign a Notice of Election and Notice of Measure To Be Voted On in substantially the following form: NOTICE OF ELECTION AND NOTICE OF MEASURE TO BE VOTED ON NOTICE IS HEREBY GIVEN that the following measure is to be voted on at the election(the"Initiative Election'"}to be held in the City of Richmond,on Tuesday,the 2nd day of November 2004: "Shall the ordinance imposing a transaction sales and use tax of one-half of one percent N21/o)in order to provide additional funds for general governmental purposes of the City,such as police,fire,emergency medical,library, recreation,local street maintenance and other general governmental services,be adopted?" Said Initiative Election has been consolidated with the statewide election to be held in the City of Richmond on November 2,2004. The election precincts within the City of Richmond for said Initiative Election shall be the regular election precincts established for said statewide election,and the polling places and officers of the Initiative Election within the City of Richmond for said Initiative Election shall be the same as those selected and designated or to be selected and designated for said statewide election. The polls will be opened between the hours of 7:00 a.m.and 8:00 p.m. 2 1-49 BY ORDER OF THE CITY COUNCIL of THE CITY OF RICHMOND, Dated; August 2,2004. DIANE HaUNIES Clerk of the City of Richmond (SEAL) The Cleric of the City is hereby authorized and directed to publish said Notice of Election and Notice ofMeesure To Be Voted On in the WEST COUNTY TIMES,a newspaper of general circulation circulated within the City of Richmond,in accordance with the provisions of section 12114 of the Elections Code of the State of California. Sgtion h. The Clerk of the City is hereby authorized and directed to cause to be delivered,no later than August 6,2004(which date is not fewer than 88 days prior to the date setfor the statewide election),one copy of this Resolution to the Registrar of Voters of the County. Scanlon . The Finance Director of the City is hereby authorized and directed to prepare and Erie with the Registrar of Voters an impartial analysis of the measure contained in Section 2 hereof covering its financial impact upon the City government in accordance with Section 2.16.070 of the Municipal Code of the City,within the time established by the Registrar of Voters. S ion 8 The[Mayon,or any member or members of this Council as the[Mayor]shall designate,is hereby authorized,but not directed,to prepare and file with the Registrar of Voters a ballot argument in favor of the measure contained in Section 2 hereof within the time established by the Registrar of Voters,which shall be considered the officiate ballot argument of this Council as sponsor of the measure. S cue n 7. This resolution shall take effect immediately upon its adoption. 1-50 3 I hereby certify that the foregoing resolution of the City Council of the City of Richmond was duly passed and adopted and at a meeting thereof held on June 22,2004,by the following vote: A'Y'ES: Councilmembers Bates,Belcher,Bell,Butt,Crriffin,Penn,Rogers, and Mayor Anderson. NOES: None. ABSENT: Councils tuber Vi nes. ABSTENTIONS: -None SNE HOLMES Clerk of the City of Richmond (SEAL) Approved: LRS AhMMQN Certified as e 'r Py Mayor RK OF-THE CITY OF RICHMOND.CA Approved as to form: EVERETI"JENKIN&AgWg City Attorney State of California I County of Contlra Costa :ss. City of Richmond } I certify that the foregoing is a true copy of Resolution No. 103-04 adopted by the Council of the City of Richmond at a regular meeting held July 13,2004. r'' ,� Clerk of the City of Richmond 4 1-51 ..................-.................-..... ......................................... EXHIBIT A ORDINANCE NO. -04 N.S. fix- 1-52 .............................. ............-... ....... ............................................................. CL K'S CERTIFICATE 1,Diane Hobs,Clerk of the City of Richmond,do hereby certify as follows: The foregoing resolution is a hail,true and correct copy of resolution duly adopted at a regular meeting of the City Council of said City duly and regularrly held at the regular meeting place thereof on the 22nd day of June, 2004,of which meeting all of the members of said City Council had due notice and at which a majority thereof were present;and that at said meeting said resolution was adopted by the following vote: AYES: Councib nembers Bates,Belcher,Bell,Butt,Grim,Penn, Rogers,and Mayor Anderson. NOES: None. ABSENT: Counciltnember Viramontes. ABSTAINED: None. An agenda of said meeting was posted at least 72 hours before said weeting at 2600 Barnett Avenue,Richmond,California 94504,a location fwely accessible to members of the public,and a brief description of said resolution appeared on said agenda. I have rarefUlly conte tine foregowg with the original minutes of said meeting on Erle and of record in my office,and the foregoing is a full,true and correct copy of the original resolution adopted at said meeting and entered in said minutes. Said resolution has not been amended,modified or rescinded site the date of its adoption and the same is now in full force and effect. Dated:August 2,2004. Clerk.of City ofRichmond 1-53 ... ..... ......... ..... _....._._.. ' REG=iVED I hereby certify that the f agoing is a full, JUN 2 5 2004 true and correct copy of CONTRA COSTA COUNTY ELECTIONS RESOLUTION 2004-087 Lehny M.CorAlin,Deputy City Clerk Executive Secretary RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2004, AND REQUESTING AND CONSENTING TO CONSOLIDATION OF ELECTIONS,AND SETTING SPECIFICATIONS OF THE ELECTION ORDER. WHEREAS,the City Council has ordered a Municipal Election to be held on November 2, 2004, to fill certain municipal offices; and WHEREAS,other elections may be held in whole or in part of the territory of the City,and it is to the advantage of the City of San Pablo to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10242 provides that the governing board shall determine the hours of opening and closing the polls;and WHEREAS,Elections Code Section 10002 requires the City of San Pablo to reimburse the County in full for the services performed upon presentation of a bill to the City by the County Elections Official; and WHEREAS,Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS,Elections Code Section 12101 requires the publication of a Notice of Election once in a newspaper of general circulation in the City of San Pablo. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN PABLO, CALIFORNIA,HEREBY ORDERES that an election be held in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER 1. The election shall be held on Tuesday,November 2,2004. The purpose of the election is to choose successors for the following offices: Three (3) Council Members (four year terms) 2. This City Council hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the City,as provided in Elections Code Section 10400. 3. The City hereby designates the hours the polls are to be kept open shall be from 7:00 a.m.to 8:00 P.M. 1-54 Y 4. The City will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. 5. The City Council has determined that the candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 250 words. The estimated cost of the printing, handling,translating and mailing each candidate's statement,including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, is estimated to be approximately six hundred dollars($600.00). 6. City staff will publish the Notice of Election in the Vest County Times, which is a newspaper of general circulation that is regularly circulated in the City of San Pablo. 7. The City directs that a certified copy of this Resolution be forwarded to the Registrar of Voters and the Board of Supervisors of Contra Costa County. IT IS FURTHER ORDERED that the foregoing recitations are true and correct,and are included herein:by reference as findings. Adopted this"2l't day of June,2004,by the following vote to wit: AYES: COUNCILMEMBERS: Brown, Calloway, Gomes, Morris and Vigil NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBER:S: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/Barbara L. Vigil Ted J. Denney, City Clerk Barbara L. Vigil,Mayor 1-55 .......................................................... RESOLUTION 2004-093 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO SETTING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 2, 2004, TO ADOPT AN ORDINANCE AMENDING CHAPTER 3.40 OF THE SAN PABLO MUNICIPAL CODE TO REDUCE THE CITY'S EXISTING UTILITY USER'S TAX RATE FROM EIGHT PERCENT TO SEVEN PERCENT,AMENDING AND MODERNIZING THE EXISTING ORDINANCE,PROVIDING GAS, ELECTRIC AND WATER EXEMPTIONS FOR LOW INCOME RESIDENTS, PROVIDING FOR EQUAL APPLICATION I OF SUCH TAX ON TELEPHONE COMMUNICATION AND TELEVISION SERVICES,AND MAKING OTHER CHANGES TO DEAL WITH UTILITY DEREGULATION AND CHANGES IN THE LAW;AND REQUESTING CONSOLIDATION OF ELECTIONS, REQUESTING THE SERVICES OF THE COUNTY CLERK,AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS CONCERNING SUCH ORDINANCE WHEREAS,Chapter 3.40 of the San Pablo Municipal Code was first adopted in 1983,and currently sets forth a tax rate of eight percent (8%). It is a general tax which is deposited in the City's general fund,eighty-one percent(81%)of which is used to fund the City's police department; WHEREAS, at the time of adoption,only a small number of utility providers existed due to monopoly conditions in the telecommunications, electricity, and natural gas industry. Due to deregulation and emerging technologies, the number of utility service providers and new services has increased significantly. In order to provide guidance to the many new utility service providers regarding their collection responsibilities and to ensure that the City's ordinance is applied to all applicable services in a manner consistent with the original intent of the ordinance,amendments to the ordinance are appropriate at this time. Certain cellular phone service providers have refused to collect the tax on the City's behalf. The new ordinance will amend such sections so that all cell phone and other telephone providers must collect the tax on all intrastate,interstate and international phone calls. The ordinance makes further changes in definition sections regarding other utilities to correspond to new technology and changes in state and federal law. For example, the tax on cable television will now be assessed on satellite television services as well; WHEREAS, the existing ordinance does not provide for any hardship exemptions to low income residents of the City of San Pablo. The City Council desires to provide such exemptions to the tax for the"life necessity"utilities of gas,water and electricity. The City Council further desires to reduce the existing tax rate from eight percent to seven percent of such utility bills. Ordinance No.2004-has been introduced by the City Council for the purpose of placing such ordinance on the November 2,2004 ballot,which ordinance amends Chapter 3.40 of the San Pablo Municipal Code to modernize the Utility User's Tax Ordinance, decrease the tax rate from eight percent to seven percent, provide for gas, electric and water exemptions for low income residents, and make other necessary changes; I hereby certify that the f goin�akIi un. true and correct copy of in U Z_",d A Lehn M.Corbin, eputy City Clerk Executive S 1-56 ................ _.... ......... ............... .. . .. _. .... ...... ...... ....... ....... .... ....._. ...... _. _. ..__. .... RESOLUTION 2004-493 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO SETTING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 2, 2004, TO ADOPT AN ORDINANCE AMENDING CHAPTER 3.40 OF THE SAN PABLO MUNICIPAL CODE TO REDUCE THE CITY'S EXISTING UTILITY USER'S TAX RATE FROM EIGHT PERCENT TO SEVEN PERCENT,AMENDING AND MODERNIZING THE EXISTING ORDINANCE,PROVIDING GAS, ELECTRIC AND WATER EXEMPTIONS FOR LOW INCOME RESIDENTS, PROVIDING FOR EQUAL APPLICATION , OF SUCH TAX ON TELEPHONE COMMUNICATION AND TELEVISION SERVICES,AND MAIMING OTHER CHANGES TO DEAL WITH UTILITY DEREGULATION AND CHANGES IN THE LAW;AND REQUESTING CONSOLIDATION OF ELECTIONS, REQUESTING THE SERVICES OF THE COUNTY CLERK,AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS CONCERNING SUCH ORDINANCE WHEREAS,Chapter 3.40 of the San Pablo Municipal Code was first adapted in 1983, and currently sets forth a tax rate of eight percent (8%). It is a general tax which is deposited in the City's general fund,eighty-one percent(81%)of which is used to fund the City's police department; WHEREAS, at the time of adoption,only a small number of utility providers existed'due to monopoly conditions in the telecommunications, electricity, and natural gas industry. Due to deregulation and emerging technologies,the number of utility service providers and new services has increased significantly. In order to provide guidance to the many new utility service providers regarding their collection responsibilities and to ensure that the City's ordinance is applied to all applicable services in a manner consistent with the original intent of the ordinance,amendments to the ordinance are appropriate at this time. Certain cellular phone service providers have refused to collect the tax on the City's behalf. The new ordinance will amend such sections so that all cell phone and other telephone providers must collect the tax on all intrastate,interstate and international phone calls. The ordinance makes further changes in definition sections regarding other utilities to correspond to new technology and changes in state and federal law. For example,the tax on cable television will now be assessed on satellite television services as well; WHEREAS, the existing ordinance does not provide for any hardship exemptions to low income residents of the City of San Pablo. The City Council desires to provide such exemptions to the tax for the"life necessity„utilities of gas,water and electricity. The City Council further desires to reduce the existing tax rate from eight percent to seven percent of such utility bills. Ordinance No.2004-has been introduced by the City Council for the purpose of placing such ordinance on the November 2,2004 ballot,which ordinance amends Chapter 3.40 of the San Pablo Municipal Code to modernize the Utility User's Tax Ordinance, decrease the tax rate from eight percent to seven percent, provide for gas, electric and water exemptions for low income residents, and make other necessary.changes; I hereby certify that the fgoin i a firli true and correct copy of 4 --..�, 4--dq-3 1 Lehr M.corbin.PeNty City Clerk Executive Secrdttry 3-57 ..........................-.......... ............. ........... ............. .................... WHEREAS, the City Council desires that the people of the City of San Pablo decide in a special election whether such ordinance shall become law, and has called a special municipal election for November 2, 2004, at which the following Measure will be submitted: MEASURE "SAN PABLO UTILITY USER'S TAX ORDINANCE '"shall Ordina—nce No. 2004-013 be enacted to reduce the City's existing Utility User's Tax rate from eight percent to seven percent,amending and modernizing the existing ordinance, providing gas, electric and water exemptions for low income San Pablo residents,providing for equal application of such tax on telephone communication and television services, and making other changes to deal with utility deregulation and changes in the law?" NOW,THEREFORE,the City Council of the City of San Pablo hereby resolves as follows. 1. The special municipal election of the qualified electors of the City of San Pablo, County of Contra Costa,to be held on Tuesday,November 2,2004,shall be, and is hereby ordered consolidated with all other elections held within the City on that date. 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, 2. Pursuant to the requirements of Section 23302 of the Elections Code,the Board of Supervisors of Contra Costa County is hereby requested to consent and ap ree to the,gonsolidatioia of the special municipal election with.any General 6FT6664 N–st—rict or Statewide election to be held in the same territory on Tuesday,November 2, 2004. 3. The County Clerk of Contra Costa County is hereby authorized to canvass the returns of this special 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 (commencing with Section 15000) of the Elections Code. The County Clerk shall declare the results of the canvass of the returns of this special municipal election, based on the certified statement of results submitted by the Registrar of Voters. 4. The Board of Supervisors of Contra Costa County is hereby requested to permit the Contra Costa County Clerk to provide such services as may be necessary to properly and lawfully hold and conduct a special municipal election in the City of San Pablo on November 2, 2004, including, but not limited to, consolidation of precincts, recruitment and appointment of election officers and polling places,the providing and printing of ballots and polling cards,election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. 2 1-58 5. The City of San Pablo recognizes that additional costs will be incurred by the County of Contra Costa by reason of this consolidation and agrees to reimburse the County for these additional costs. 6. The text of the ordinance to be voted on is attached as Exhibit 7. The polls for this election shall be opened at 7:00 a.m. of the day of this election,and shall remain open continuously until 8:00 p.m. of the same day, when the polls shall be closed, except as provided in Section 14301 of the California Elections Code. 8-. In all particulars not recited in this, Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 9. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. 't, 10. The City Clerk has established August 9, 2004 as the deadline for submission of arguments for or against the Measure.The City Clerk shall post such date in the Office of the City Clerk. If more than one argument for or more than one argument against the Measure is submitted, the priorities set forth in Elections Code section 9287 shall prevail. 11. Pursuant to Elections Code section 9219,the City Council authorizes the following councilmembers:Genoveva Garcia Calloway and Paul Morris, with such citizens as they choose,to file a written argument in favor of the City measure as specified above,in accordance with Article 4, Chapter 3,Division 5 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk,after which no arguments for or against the City measure may be submitted to the City Clerk. Written argument for or against the measure shall not exceed 300 words in length. The argument shall otherwise conform to and cpmpjy_.with all appliisab hall" k2r rg��m�entTs44 -D . -Pvisions of the Elections Code of the State of Califbm��. o rebuttal�a - ,beallowed. 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 5-0-0 wows in length and shall otherwise comply in all respects with the apprt�cableprovisions of the Elections Code of the State of California. 3 1-59 .......... ............................................................................ ................................ 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. Adopted the 60'day of July, 2004, by the following vote to wit: AYES: COUNCILMEMBERS Gomes, Morris,Calloway, Brown and Vigil NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEM13ERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/Barbara L. Vigil Ted J.Denney, City Clerk Barbara L. Vigil,Mayor 4 1-60 .............. RESOLUTION 2004-094 RESOLUTION OF THE CITY COUNCIL SETTING A SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 2,:2004,TO ADOPT AN ORDINANCE AMENDING CHAPTER. 3.28 OF THE CITY OF SAN PABLO MUNICIPAL CODE ENTITLED"TRANSIENT OCCUPANCY(HOTEL) TAX" TO CLARIFY AND REORGANIZE THE PROCEDURES FOR COLLECTION AND ENFORCEMENT OF THE TAX,INCREASE THE TAX RATE TO TWELVE PERCENT, AND PROVIDE FULL DUE PROCESS.RIGHTS FOR. ALL PERSONS APPEALING THE CITY'S APPLICATION OF THIS CHAPTER;AND REQUESTING CONSOLIDATION OF ELECTIONS, REQUESTING THE SERVICES OF THE COUNTY CLERK, AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS CONCERNING SUCH ORDINANCE WHEREAS, pursuant to the California Elections Code,the City Council desires to hold a special election on November 2, 2404 for the purpose of submitting a ballot measure to the voters relating to an increase in the existing Transient Occupancy Tax rate; WHEREAS, Chapter 3.28 of the San Pablo Municipal Code was first adopted in 1969,and currently sets forth a tax rate of ten percent(10%)for such Transient Occupancy Tax. Said rate was administratively reduced to six percent(6%)in 2003; and WHEREAS, due a pirating of city and county revenues by the State of California to help mitigate lost revenue,the City is losing 2%of general fund revenue and 8%ofRedevelopment Agency revenue per year. Due to the skyrocketing cost of maintaining current labor contracts for the provision of healthcare and retirementbenefits, the City will soon be paying over 1.2 million more dollars per year for benefits just for the police department. The City has been able to reduce operating costs by - taking such measures as declining to provide the enhanced retirement system for lava enforcement, freezing vacant positions(Community Development Director,Police Services Aide,Associate Planner, two maintenance positions),and transferring the housing rehabilitation program to the County with an annualized savings of more than$200,000. Nevertheless,in order to maintain existing levels of service, the City will use approximately$1.4 million of general fund reserves in balancing the operating budget for the corning fiscal year. WHEREAS, the City Council has therefore adopted Ordinance 2004-014, which modernizes the City's Hotel Tax Ordinance and allows for an increase in the tax rate to 12%, provided such rate is approved in a special municipal election; NOW,THEREFORE,the City Council of the City of San Pablo hereby resolves as follows: 1. The City Council hereby calls a special municipal election of the qualified electors of the City of San Pablo,County of Contra Costa,to be held on Tuesday,November 2,2004, shall be, and is hereby ordered consolidated with all other elections held within the City on that slate. Within the territory affected by the consolidation, the election shall be held and conducted,election officers 1 I hemby cardfy that the f g is a fA thte and cormat copy 0 204 -0q r rt M.Car ,Dputy City Clerk FANWW SWretary 1-61 appointed,voting precincts designated,ballots printed,polls opened and closed,ballots counted and returns canvassed,results declared,and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating consolidated elections. 2. Pursuant to California Elections Code section 9222,the City Council hereby orders that the following question shall be submitted to the qualified electors of the City of San Pablo at the special election: c�``�✓ . r MEASURE "SAN PABLO TRANSIENT OCCUPANCY {HOTEL) TAX y t ORDINANCE. - '----,-,Shall Ordinance No. 2004-014 be enacted to amend and modernize the City's Hotel Tax,increase such tax rate to twelve percent,clarify and reorganize the procedures for collection and enforcement of the tax,and provide full due process rights for all persons appealing the City's application of the tax?" 3. Pursuant to the requirements of Section 23302 of the Elections Code,the—$card of Suwevis^*s ref ContrCc�sta County is hereby requested to c ent and agree to the consolidation of the special municipal electron with any General or Special District or Statewide election to be in the same territory on Tuesday,November 2, 2004. 4. The County Clerk of Contra Costa County 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 he canvassed by the City Council. The canvass shall be made in accordance with the.provisions of Division 15 (commencing with Section 15000)of the Elections Code. The County Clerk shall declare the results of the canvass of the returns of this municipal election,based on the certified statement of results submitted by the Registrar of Voters. 5. The Board of Supervisors of Contra Costa County is hereby requested to permit the Contra Costa County Clerk to provide such services as maybe necessary to properly and lawfully hold and conduct a municipal election in the City of San Pablo on November 2,2004,including,but not limited to, consolidation of precincts, recruitment and appointment of election officers and polling places, the providing and printing of ballots and polling cards, election supplies, voting booths,flags,registration lists and any other materials and services required to lawfully conduct the election. 6. The City of San Pablo recognizes that additional costs will be incurred by the County of Contra Costa by reason of this consolidation and agrees to reimburse the County for these additional costs. 2 1-62 7 The text of the ordinance to be voted on is attached as Exhibit A. 8 The polls for this election shall be opened at 7:00 a.m.of the day of this election,and shall remain open continuously until 5:00 p.m. of the same day, when the polls shall be closed, except as provided in Section 14301 of the California Elections Code. 9 In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 10. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time,form and manner as required by law. 11. The City Clerk has established August 9, 2004 as the deadline for submission of arguments for or against the Measure. The City Clerk shall post such date in the Office of the City Clerk. If more than one argument for or more than one argument against the Measure is submitted, the priorities set forth in Elections Code '9287 shall prevail. 12. The. City Council authorizes the following council members: Genoveva Garcia Calloway,and Paul Morris,with such citizens as they choose,to file a written argument in favor of the City measure as specified above, in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk,after which no arguments for or against the City measure may be submitted to the City Clerk. '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. No rebuttal arguments shall be allowed. 13. 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. 3 1-63 .................................. ............ .................... ........................................................................ 14. 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. Adopted the 6th day of July, 2004,by the following vote to wit: AYES: COUNCILMEMBERS Gomes, Morris, Calloway,Brown and Vigil NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS, None ATTEST: APPROVED: Isl Ted J. Denney /s/Barbara L. Vigil Ted J. Denney, City Clerk Barbara L. Vigil, Mayor 4 1-64 RESOLUTION NO. 2004-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON SUBMITTING AN INCREASEIN THE TRANSIT OCCUPANCY TAX TO THE VOTERS AT SPECIAL MUNICIPAL ELECTION ON NOVEMBER 2, 2004 WHEREAS, the City of San Ramon currently imposes a Transient Occupancy Tax'of seven and one-quarter percent (7 '/a %); and WHEREAS, any increase in the Transit Occupancy Tax must be approved by the voters of City of San Ramon; and WHEREAS, due to the State of California pre-empting revenue sources traditionally available for essential municipal services, the City Council must utilize revenue sources that are still available to municipalities; and WHEREAS, the County of Contra Costa and other major cities in the County levy a Transient Occupancy Tax of ten percent (10%); and WHEREAS, providing for the economic development of the City of Sart Ramon is essential to the maintenance of an economically viable city. NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE as follows: Section 1. The City Council of the City of San Ramon hereby calls a special municipal election for November 2, 2004, for the purpose of submitting an increase in the Transient Occupancy Tax to the voters of the City of San Ramon. Section 2. The City Council of the City of San Ramon hereby requests that the special municipal election be consolidated with the statewide general election and that the following wording be placed on the ballot measure on the actual ballot of November 2, 2004, consolidated election: MEASURE INCREASE THE TRANSIENT OCCUPANCY TAX OVER TIME "Shall the San Ramon Municipal Code section A9-23 be amended to increase the Transient Occupancy Tax from seven and one-quarter percent (7.25%) to ten percent(10%n) over a period of time, a portion of which increase to be used for economic development purposes?" YES NO 7-ss Section 3. The Ordinance to be submitted to the voters of the City of San Ramon is attached hereto as Exhibit A. Section 4. The City Clerk is directed to file a certified copy of this Resolution with the Contra Costa County Board of Supervisors and with the Contra Costa County Clerk and to take such further action as may requested by County elections officials in connection with the special municipal elections. Section 5. The City Attorney is directed to prepare an impartial analysis of the ballot measure as required by Section 9280 of the Elections Code. PASSED, APPROVED AND ADOPTED on this 27'h day of April, 2004 by the following vote. AYES: Councilinembers Hudson, Livingstorne, Perkins and Mayor Wilson NOES: ABSENT: Couiwilinember Rowley ABSTAIN: 14 H. Abram Wilson, Mayor ATTEST: 3udy aefarla , City Clerk 1-66 RESOLUTION NO. 2004-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTH'O'RIZING THE PLACING ON THE NOVEMBER 2, 2004 REGULAR ELECTION A CITY COUNCIL SPONSORED ADVISORY MEASURE CONCERNING THE CHANGING OF THE DATE OF MUNICIPAL ELECTIONS FROM THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER OF EACH ODD NUMBERED YEAR TO THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER OF EACH EVEN NUMBERED YEAR WHEREAS, pursuant to the California Elections Code §306, the City Council may submit to the voters an advisory question; and WHEREAS, the City Council desires to place on the ballot an advisory measure concerning the changing of the date of municipal elections from the first Tuesday after the first Monday of each odd numbered year to the first Tuesday after the first Monday of,. each even numbered year; and WHEREAS,Elections Code §9282 sets forth the procedures for arguments in favor of or in opposition to any city measure; and WHEREAS, Elections Code §9285 sets forth the procedures for rebuttal arguments. NOW, THEREFORE,THE CITY COUNCIL DOES RESOLVE as follows: Section 1. That a City council sponsored advisory measure regarding voter support of the changing of the date of municipal elections from the first Tuesday after the first Monday of each odd numbered year to the first Tuesday after the first Monday of each even numbered year. Section 2. The ballot language on the advisory measure shall be as follows: "Should the date of the City of San Ramon municipal elections be changed from the first Tuesday after the first Monday of each odd numbered year . to the first Tuesday after the first Monday of each even numbered year?" YES NO Section 3. The City Council hereby requests the Contra Costa County Board of Supervisors to order this election to be conducted by Contra Costa County on November 2, 2404, in conjunction with the Regular Election being held within the County on that date'. 1-67 . _. . __. ......... ......... ......... _...... ..._.._.. _. _.... _... ......... ......... ......... ......... ......... ......... ........................................... .... Section 4. The City Clerk is directed to file a certified copy of this Resolution with the Contra Costa County Board of Supervisors and with the Contra Cost County Clerk and take such further action as may be requested by the County elections officials in connection with the election. Section 5. The City Attorney is directed to prepare an impartial analysis of the ballot measure as required by §9284 of the Elections Code. Section. This resolution shall become effective immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED on May 11, 2004 by the following vote: AYES: Councilnrembers Hudson, Perkins and Rowley NOES: Councilrnember Livingstone ABSENT: Mayer Wilson ABSTAIN: . Abram Wilson, Mayor ATTEST: JOY Mac arlane, Cii§Clerk 1-68 ::: ;,_. RESOLUTION NO. 2004-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ESTABLISHING AN ARGUMENT AND REBUTTAL PERIOD FOR.THE NOVEMBER 2, 2004 ELECTION BALLOT MEASURES WHEREAS,on April 27, 2004 the City Council adopted Resolution No. 2004-55 Submitting an increase in the Transit Occupancy Tax to the voters at Special Municipal Election on November 2, 2004; and WHEREAS,on May 11, 2004 the City Council adopted Resolution No. 2004 71, Authorizing the placing on the November 2, 2004 Regular Election a City Council sponsored Advisory Measure concerning the changing of the date of Municipal Elections from the first Tuesday after the first Monday of November of each Odd Numbered Year to the first Tuesday after the first Monday of November of each .Even Numbered Year. WHEREAS,pursuant to Elections Code 9286(b), the City Clerk shall fix and determine a reasonable date prior to the election after which arguments for or against the measure may be submitted, which date shall be noticed by the City Clerk pursuant to Government Code 6061; and WHEREAS,pursuant to Elections Code 9285(b) if the legislative body chooses to allow rebuttal arguments, the legislative body shall at the time the election is called, adopt provisions by majority vote. NOW,THEREFORE, BE IT RESOLVED the legislative body resolves to adopt provisions for the filing of rebuttal arguments pursuant to Elections Code 9285. PASSED,APPROVED AND ADOPTED on May 25, 2004 by the following vote: AYES: C'ouncilmembers Hudson, Livingstone, Perkins, Rowley and Mayor Wilson NOES: ABSENT: ABSTAIN: H. Abram Wilson, Mayor ATTEST: dy Ma arlane, Ci Clerk �-ss ....................................I.......... ......................................I................................................... ................................ RESOLUTION NO. 2004-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON SUBMITTING A CHARTER AMENDMENT PROVIDING FOR THE ROTATION OF THE POSITION OF MAYOR AMONG THE MEMBERS OF THE, CITY COUNCIL TO THE VOTERS AT SPECIAL MUNICIPAL ELECTION ON NOMBER 2, 2004 WHEREAS, tile City of San Ramon Charter provides for a Mayor to be elected for a two year term; and WHEREAS, the Charter provides and the duties of the Mayor shall be the same as they were in January 1, 2001; and WHEREAS, the duties of the Mayor on January 1, 2001 were the same as for a non-elected Mayor selected by the City Council; and WHEREAS, by rotating the Mayoralty, tile constituencies of each Counclimember will be represented; and NOW,THEREFORE, THE CITY COUNCIL DOES RESOLVE AS FOLLOWS: Section 1. The City Council of the City of San Ramon hereby calls a special municipal election for November 2, 2004 for submitting a proposed charter amendment providing for the position of Mayor for a term of one year and rotated among the members of the City Council based on the length of time since they served as Mayor. Section 2. The City Council of the City of San Ramon hereby requests that the special municipal election be consolidated with the statewide general election and that the following wording be placed on the ballot measure on the actual ballot of November 2, 2004, consolidated election: MEASURE AMEND THE CITY OF SAN RAMON CHARTER TO PROVIDE FOR THE ROTATION OF THE POSTION OF MAYOR AMONG ALL MEMBERS OF THE CITY COUNCIL "Shall the Chat-ter of the City of San Ramon be amended to provide that the Mayor be selected by the City Council for a term of one year and that the position of Mayor be rotated among the members of the City Council in a manner that provides for the Councilperson with the longest continuance service on the City Council without being Mayor be selected to be Mayor. YES NO Section 3. The City Clerk is directed to file a certified copy of this Resolution with the Contra COSW County Board of Supervisors and with the Contra Costa i County Clerk and to take Such I.L11-111el- IC0011 as may be requested by County elections officials in connection with the special 1111.11116pal CICC11011s. -70 ........... ............. ................................... Section 4. The City Attorney is directed to prepare and impartial analysis of the ballot measure as required by Section 9280 of the Elections Code. PASSED, APPROVED, AND ADOPTED, this 27"' of July, 2004 by the following vote: AYES: Cot.a1cilrnenibers Hudson, Livingstone and Bowley NOES: COUnCiltnennber Perkins and Mayor Wilson ABSENT: ABSTAIN: H. Abram Wilson, Mayor ATTEST: l /j J�dy Madfarlane, C# Clerk !kdrebY certify that this is a fW4 true and aeeurate copy of rr Reso/ut#on adopted by the City Coon ,,aj the Cit}'.of San Ramon ity Clerk�����` 1-71 ........................... ..................... ........ ............................... . ................................................................. ........ RESOLUTION NO. 04-48 A RESOLUTION SUBMITTING A MEASURE TO THE VOTERS OF WALNUT CREEK AT THE NOVEMBER 2, 2004 REGULAR MUNICIPAL ELECTION The City Council of the City of Walnut Creek hereby resolves as follows: _Section 1. Placing a Measure on the ballot for the R-Mular Municipal Election. pursuant to Government Code section 36508 the City Council hereby places on the ballot at the November 2, 2004 Regular Municipal Election irf the City of Walnut Creek the question of whether the City Clerk should be appointed by the City Council. _Section 2. Description of the Question Placed on the Ballot. The exact form of the question as it will appear on the ballot is as follows: 7- 9r rShall the office of the City Clerk be appointiveN All" '9' AA e�: Section 3. Establishment of the Deadline for Argument Submission:Desianation of P-tferences if Multiple Submissions: Pursuant to Elections Code section 9286 the City Clerk has established August 9, 2004 5:00 p.m. as the deadline for the submission of arguments in favor of and arguments against the question. If more than one argument for or more than one argument against the question is submitted,the priorities set forth in Elections Code section 9287 shall control. Section 4. Provision for Rebuttal Arguments. Pursuant to Elections Code section 9285(b)the City Council hereby adopts the provisions of Elections Code section 9285(a) allowing the filing of rebuttal arguments. The deadline for filing rebuttal arguments shall be August 16, 2004 5:00 p.m. Section 5. jmR tial Analysis The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 6th day of July, 2004,by the following called vote: AYES: Councilmembers: Skrel, Hicks,Regalia, Rainey,Mayor Abrams NOES: Councilmembers: None ABSENT: Councilmembers: None 1-72 ................................................................. Exhibit 2 Special Districts ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 2135 A RESOLUTION CALLING FOR AN ELECTION ON A SPECIAL TAX MEASURE, REQUESTING CONSOLIDATION OF THE MEASURE WITH THE GENERAL ELECTION ON NOVEMBER 2, 2004, REQUESTING THE PREPARATION OF AN IMPARTIAL ANALYSIS BY THE ALAMEDA COUNTY COUNSEL AND PROVIDING FOR SUCH OTHER ACTION'S AS MAY BE NECESSARY OR CONVENIENT WHEREAS, the Alameda-Contra Costa Transit District, as a special transit district organized under the provisions of the Public Utilities Code, is authorized by Section 4 of .Article XIIIA of the California Constitution, and sections 50075, 50070, 50077 and 53722 et seq. of t ment Code and section 25592.'1 of the Public Utilities Code, upon approval4two-thirds f the electorate voting on the measure, to levy a special tax for specified r allowing notice and a public hearing; and WHEREAS, the Board of Directors has determined that a special tax is necessary in Special Transit District 1 for the purpose of providing for the operation and maintenance of vias service within District 1, as a transportation utility, over the next ten years; and WHEREAS, the District has reduced or eliminated bus service and increased fares due to'significant budgetary shortfalls caused by the continuing economic downturn. The Board finds that the absence of bus services and increased fares have a serious impact upon school children, seniors and people with disabilities, as well as efforts to reduce air pollution and traffic congestion on local streets and freeways; and WHEREAS, the State budget proposes to take a total of $3 Million in property taxes from the District over the next two fiscal years (2004-05 and 2905-06) to help balance the state budget; and WHEREAS, the District's 2001 to 2006 Short Range Transit Plan submitted to the Metropolitan Transportation Commission projects continued budgetary deficits during the next ten years, and WHEREAS, the majority of the District's service is in District 1 and the passage of this special tax measure will help to maintain service in District 1 and diminish the need for additional fare increases in District 1, particularly for youth, seniors and the disabled; and WHEREAS, the Board previously adopted Resolution No. 2124x, requesting the, consolidation of the District's election with the general election to be held on November 2, 2004; and WHEREAS, in accordance with Elections Code Section 10400, this ballot measure should be consolidated with the general election to be held on November 2, 2004; and Resolution No. 2135 Page 1 z-i WHEREAS, the Board of Directors held a noticed public hearing prior to the adoption of this Resolution, NOW, THEREFORE, the Alameda-Contra Costa Transit District Board of Directors does resolve as follows: SECTION 1. Special Tax Measure Election. The Board is authorized pursuant to Public Utilities Code section 25892.1 and ,Government Code section 50077 to order an election for the adoption of a special tax and, in accordance with that authority, calls and orders to be held in the territory of Special Transit District Number One (District 1), as identified in Exhibit A, within the counties of Alameda and Contra Costa, on Tuesday, November 2, 2004, an election on the special tax measure set forth in Exhibit B, which exhibits are attached to and incorporated into this resolution by reference. SECTION 2. Amount and Duration of the Measure The special tax, in the amount of $48 per year for ten years, shall be imposed on the owner of each parcel of taxable land in District 1 because the owners, occupants and visitors to said parcels benefit by having bus services available for them. The owner of a parcel that is exempt from property taxes, that is undeveloped or that is developed but vacant for more than six months in any one year (July 1 through June 30) is exempt from 1. the-imposition of said special tax. A request for a refund of the tax must comply with Section 9 of this Resolution. ( Th�eax�shall become effective on July 1, 2005 and terminate on June 30, 2011-X A parcel is defined as any unit of land in District 1 that now receives a separate tax bill from the Alameda County Tax Collector or the Contra Costa County Tax Collector. SECTION 3. Accounting For the Proceeds of the Measure In accordance with Government Code section 50075.1 the Board specifies and i directs: a. The purpose of the special tax is to obtain funding for a period of up to ten years, for the operation and maintenance of bus services provided by AC Transit in District 1 for transportation purposes. The terms "operation" and "maintenance" refer to all activities necessary to provide bus service, including, but not limited to, equipment, supplies,. fuel. and lubricants, personnel, compensation, and payment for and maintenance of facilities in District 1. b. The proceeds of the special tax shall be applied only to the operation and maintenance of bus services in District 1. Resolution No. 2135 Page 2 2-2 C. The General Manager and the Chief Financial Officer are directed to create an account into which the proceeds of the special tax will be deposited. d. The Chief Financial Officer shall file a written report with the Board of Directors under Measure AA, beginning no later than September 30, 2004 and will be required to continue making such reports during each subsequent year the proceeds of the special tax are collected for placement in the account. The annual report shall contain both of the following: (1) the amount of funds collected and expended and (2) the status of the use of the s funds for the operation and maintenance of bus service, as provided in subsection 3.a., above. The Board of Directors shall consider the written report at a regular meeting of the Board following the receipt of a recommendation from the appropriate Board Standing Committee. e. A separate annual audit of this account shall be prepared by the District's external auditor. SECTION4. Establishment of Independent Fiscal Oversight Committee In addition to the reporting requirements set forth in Section 3, an independent fiscal oversight committee of community representatives (The Committee)was created on August 8, 2002, with the adoption of Resolution No. 2067. The five members of the Committee were identified and appointed on July 16, 2003 with the adoption of Resolution No. 2098. The Committee shall review the use of the special account funds and provide its ownannualwritten report at the same regular meeting of the Board of Directors that the Chief Financial Officer's report is received by the Board. The Committee's report also shall be referred to the appropriate Board Standing Committee and subsequently considered by the Board along with the recommendations of the Beard Standing Committee,, SECTION S. Responsibilities of Registrar of Voters This Resolution shall stand as the order to the Registrars of Voters for Alameda County and Contra Costa County to call an election within the boundaries of Special Transit District Number 1, as defined in Exhibit A. The Registrars of Voters for the counties are requested to perform all of the duties applicable to this ballot measure and this election as required by the Elections Code. SECTION 6. Requests and Authorizations to the Boards of Supervisors a. The Board of Directors requests the Boards of Supervisors of the counties of Alameda and Contra Costa to consolidate the election of the aforementioned ballot measure with the general statewide and district Resolution No. 2135 Page 3 2-3 elections to be held on November 2, 2004, in accordance with California Elections Code Section 10400, et seq. b. The Boardof Directors requests the Boards of Supervisors of the counties of Alameda and Contra Costa, pursuant to Elections Code section 1002, to permit the Registrars of Voters for the respective counties to render all services necessary for this election as required by the Elections Code, including but not limited to, noticing the election, preparing and distributing election and ballot materials, and holding the election. C. The Board of Directors authorizes the Boards of Supervisors of the counties of Alameda and Contra Costa, pursuant to Elections Code section 10411, to canvass the returns of the election. SECTION 7. Preparation of Impartial Analysis The Board of Directors requests the County Counsel of Alameda County, as the principal county, to prepare an impartial analysis of this measure in accordance with Elections Code section 9313. SECTION 8. Collection and Enforcement Pursuant to Public Utilities Code section 25896, the Board of Directors of the Alameda-Contra Costa Transit District, elects to have the tax collectors for the counties of Alameda and Contra Costa collect the special tax imposed by this Resolution. The tax shall be due each year and payable on November 1 and February 1. The tax shall be delinquent if not received on or before the delinquency date set forth in the notice mailed to the address of the owner of the parcel as shown on the most current assessment roll' of the Alameda County or Contra Costa County Tax Collector and shall be collected from the owner in such a manner and at such times as the Board may provide. The tax shall be collected by Alameda County or Contra Costa County in conjunction with, at the same time, in the same manner, and enforced and subject to the same penalties as each county's collection of county taxes, as provided in Public Utilities Code section 25903. SECTION 9. Administration and Refunds The Board of Directors may authorize the General Manager to adopt such administrative regulations as are deemed necessary related to the interpretation and enforcement of this resolution. Any person claiming a refund of the tax for any reason shad first file a written claim with the District Secretary of the Alameda-Contra Costa Transit District on a form specified by the District Secretary. Such claim must be filed no later than 104 days after payment of the tax. All claims must be filed by the person who paid the tax, or his or her guardian, conservator, or the executor of his or her estate. No claim may be filed on behalf of other taxpayers or a class of taxpayers. Filing of a claim shall be a condition precedent to legal action against the District for refund of the tax. Resolution No. 2135 Page 4 2-4 SECTION 10. Miscellaneous a. The President of the Board and Berard Officers of the District are hereby authorized and directed, individually and collectively, to do any and all things to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposes of this Resolution. b. The President of the Board is authorized to consult with others to prepare a written argument in favor of the ballet proposition for each county not to exceed 300 words. The argument may be signed by bona fide associations or by individual voters who are eligible to vote in District 1. c Any action to challenge the tax imposed by this Resolution shall be brought pursuant to Government Code section 50077.5 and Code of Civil Procedure section 860 et seq. If any provision, sentence, clause, section or part of this Resolution is found to be unconstitutional, illegal or invalid, such finding shall affect only such provision, sentence, clause, section or part, and shall not affect or impair any of the remaining parts of the Resolution. SECTION I I California Environmental Quality Act a. The placement of this tax measure on the November 2, 2004 ballot is not a project under the California Environmental Quality Act (CEQA) because the passage or defeat of the measure will result in neither a direct nor a reasonably foreseeable indirect physical change in the environment. b. The proposed tax measure is intended to provide funding which would help maintain`existing bus services, reduce the need for future service reductions (subject to unforeseen actions at the State or Federal level or the economy which affect the District's financial resources), reduce the need to increase fares (particularly for youth, seniors and the disabled) and provide funding (along with other sources) that permit further improvements and retention of bus services. C. Any service reductions that occur will be subject to their own environmental analysis and any necessary and appropriate environmental document will be prepared at that time. d. As a result, the proposed tax measure is not a "project" as defined by CEQA Guidelines section 15378(b)(4). its approval will result only in making funding for bus service operation and maintenance available; the allocation and spending of the resulting revenue, and any potential future service reductions necessitated by insufficient funding, will involve separate approvals that may require environmental analysis under CEQA. Therefore, review of the measure under CEQA is not necessary. Resolution No. 7135 Page 5 2-5 e. The General Manager, the General Counsel or their designees are authorized to execute and file any documents necessary to carry out the aforementioned findings. SECTION 12. Duties of the District Secretary The Board of Directors directs the District Secretary to transmit an original signed copy of this Resolution to the Clerks of the Board of Supervisors of Alameda County and Contra Costa County, and provide a certified copy of the Resolution to the Registrar of Voters for the respective counties, no later than noon on August 6, 2004. The Board of Directors directs the District Secretary to transmit a copy of the aforementioned measure to the County Counsels of Alameda and Contra Costa County for the preparation of an impartial analysis of the measure as provided in Elections Code Section 9313. SECTION 13. Effective Date of the Resolution This Resolution shall be effective immediately upon its adoption by four affirmative votes of the Board of Directors. Notwithstanding the effective date of this Resolution, the tax imposed pursuant to it shall not become effective until submitted to a vote of the electorate at the November 2, 2004 election. RESOLUTION NO. 2135 WAS PASSED AND ADOPTED this 4th day of August 2004. 9, 6L Joe allace, Vice President Attest: os Martinez, District ry THIS AREA INTENTIONALLY LEFT BLANK Resolution No. 2135 Page 6 2-6 I, Rose Martinez, District Secretary for the Alameda-Contra Costa Transit District, certify that the foregoing Resolution was passed and adopted at a Regular Meeting of the Boardof Directors held on the 4th day of August 2004, by the following roll call vote: AYES': DIRECTORS: PEEPLES, KAPLAN, BISCHOFBERGER, VICE PRESIDENT HARPER, JAt UEZ, PRESIDENT WALLACE iNOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: NONE Ros Martinez, Ofstrict Se re Approved as to Form: 1 certify that the foregoing is a true and correct copy of Resolution No. i t 35' adapted by the Board of Directors of the Alameda-Contra Costa Transit District neth C. Scheid'ig, General Coun el on Alam de-Contra Costa Transit District Rase rtin Dtrct secretary Resolution No, 2735 Page 7 2-7 EXHIBIT A District One District One is comprised of 11 cities (Wards I through IV) and adjacent unincorporated areas in the East Bay (west of the hills) from El Sobrante and North Richmond through the City of Hayward. The cities are Alameda, Albany, Berkeley, El Cerrito, Emeryville, Hayward, Oakland, Piedmont, Richmond, San Leandro and m San Pablo. Present unincorporated areas include Ashland, Castro Valley, Cherryland, El Sobrante, Fairview, Kensington and San Lorenzo. District One also includes the following Ward V, whole and partial census tracts: 437000, 437100, 437200, 437300, 438300, 438400, 430100, 432800, 433000, 433101, 433200, 433300, 435101, 438000, 440100, and 450601. Exhibit A 2-8 k BALLOT LANGUAGE FOR AC TRANSIT SPECIAL TAX ELECTION EXHIBIT B s "To preserve affordable local public transportation services that allow seniors and people with disabilities to remain independent,take students to and from school, help East Bay residents commute to work and reduce traffic and air pollution by reducing the number of cars on the road, shall the Alameda-Contra Costa Transit District (AC Transit) increase its existing parcel tax by $2 per parcel, per month for ten years with an independent fiscal oversight committee and all money staying local?" Tax-Yes Tax - No Exhibit B 2-9 F1F(_�"IVEO JUN 2 4 2004 CONTRA COSTA COUNTY RESOLUTION #03/04-17 ELECTIONS Before the Board of Directors of the Ambrose Recreation & Park District Resolution Ordering Even-Year Board of Directors Election; Consolidation of Elections; and Specifications of the Election Order WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district on the 2"d day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER 1. The Election shall be held on Tuesday, the 2"d day of November, 2004. The purpose of the election is to choose members of the board of directors for the following seats: Board Member Term: 2004-2008 Board Member Term: 20042008 2. This district hereby requests and consents to the consolidation of this election with other elections that may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 3. The district will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 2-10 4. The district has determined that the Candidate will pay for the Candidate's> Statement. The Candidate's Statement will be limited to 200 words. 5. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director Washing-jen , seconded by Director at a regular meeting on this 27th day of May, 2604, by the following vote: AYES: Enholm,Washington, Magleby, Reese NOES: None ABSENT: Delacruz ABSTAINED: None _ vZ Gr h ,m, Chair 2-11 B A R T SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 300 Lakeside Drive, P.O. Box 12688 RECEIVED LA 11 Oakland,CA 94604-2688 (510)464-6000 JUN 1 4 2004 CLERK SOARC1 OF SiJaFRltf C 5 CONTRA CD:;rA Co. June 8,2004 James Fang PRESIDENT Dan Richard VICE PRESIDENT Board of Supervisors Thomas E.Margro Contra Costa Coun 6ENERAt MAN�6ER `J County Administration Building DIRECTORS 651 Pine Street Martinez, California 94553 Dan Richard IST DISTRICT Joel Keller Re: General District Election- Consolidation of Election 7No DISTRICT Roy Nakadegawa Dear Members of the Board of Supervisors: 3RD DISTRICT Carole Ward Allen Theu se of this letter is to inform the Board of Supervisors of Contra Costa 4TH DISTRtCi � '7'V Peter TR Snyder County that the Director's seat in Districts 1, 3, 5, and 7 of the San Francisca Bay W.5TH DISTRICT Area Rapid Transit District will be up for election for a full four-year term in the Thomas M.Blalock General Election of November 2,2004. BTH DISTRICT Lynette Sweet No officers of the District are to be elected at large. 7TH DISTRICT James Fang RTH DISTRICT incumbents for Districts 1, 3, 5, and 7 are: Tom Radulovich STH DISTRICT District 1 Dan Richard District 3 Roy Nakadegawa District 5 Peter Snyder District 7 Lynette Sweet Qualifications for the office, required by the District Act, Public Utilities Code Article 2.2, Section 28747.6, are as follows: Members of the board shall be residents and voters of the district and of the geographical area making up the election district from which they are elected. The office shall be deemed to be vacant if member ceases to meet these requirements. The BART Board of Directors adopted Resolution No- 4652 requiring each candidate who prepares a Candidate's Statement of Qualifications to pay an election fee of $750.00 at the time of filing such statement as a portion of the cost to the District of producing and mailing the candidate's statement. The length of the candidate's Statement of Qualifications shall be no more than 200 words. 2-12 www.bart.gov Board of Supervisors .lune 8,2004 Page Two In addition,the District's Conflict of Interest Code requires that candidates for Board of Directors complete a State of Califomia Fair Political Practices Commission's disclosure form entitled: Statement of Economic Interests (Form 700) and file said $ form with the District Secretary. The Statement of Economic interests must be submitted to the Registrar of Voters concurrently �&ith the filing of the application for candidacy. The Registrar's Office will thereafter transmit the Statement to the District Secretary. Enclosed are maps which depict the rapid transit district and the boundaries of election Districts one through nine(Resolution No. 4821). Further enclosures are Resolution No. 4907 adopted by the BART Board of Directors requesting consolidation of the District elections with the November 2, 2004, General Election and Resolution No. 4652 setting the cost of candidates' statement of qualifications for the upcoming election. Please contact me at 510-464-6080, or Sue Bunch of my office, if you have any questions. Yo s truly, ft! enneth A. Duron District Secretary Enclosures 2-13 SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT NOTICE OF GENERAL 1 DISTRICT ELECTION NOTICE IS HEREBY given that a General District Election will be held in the San Francisco Bay Area Rapid Transit District on Tuesday, November 2,2004. The offices for which candidates may be nominated are. One (1) Director, District 1 Representing parts of Contra Costa County One (1) Director, District 3 Representing parts of Alameda and Contra Costa Counties One (1) Director, District 5 Representing parts of Alameda and Contra Costa Counties One (1) Director, District T Representing parts of Alameda, Contra Costa and San Francisco Counties One (1) Director, District 9 Representing parts of San Francisco County The qualifications for office required by the principal act under which the District is organized are; REGISTERED VOTER AND RESIDENT OF THE DISTRICT Official nomination packets for eligible candidates may be obtained from three sources. In Alameda County,contact the office of the Registrar of Voters.Court House, 1225 Fallon Street,Oakland. In Contra Costa County,contact the Elections Department,524 Main Street,Martinez. In the City and County of San Francisco,contact the Department of Elections,City Hall Room 48, San Francisco. Nomination packets may be obtained on or after July 12,2004,and must be filed in the office of the Registrar of Voters not later than 5 p.m.on August 6,2004. (If an incumbent does not file for re-election by August 6,2004,the deadline will be extended by five(5)days per Elections Code Section 10516.) Appointment to each elective office will be trade as prescribed in Elections Code Section 10515 in the event there are no nominees,or an insufficient number of nominees,and a petition for an election is not filed with the District Board of Directors within the time period prescribed by Elections Code Section 10515. # ' f Dated: 00� W3A KENNETH A.DURON District Secretary San Francisco Bay Area Rapid Transit District 2-14 BEFORZ=--r-PO_RD OF DMECTORS OF TIM SAN FR--kI CISCO DAY AREA R_IDID TR. SIT DISTRICT Resolution of the Board of Directors SA F NCISCQ SAY ARTY APID TRA1\1-117 z;�;,;. ; of the San Francisco Bay Area Rapid CERTIFI A T E CoI'y Transit District adjusting the boundaries { of rine election districts within the KENNETH A. DURON, DISTRICT territory of the District as provided by 'Xi icle 2.4 of Chapter 3 of Part 2 of Division 10 of the Public Utilities Code of the State of California 1 Resolution No. 4821 ' bliREAS,Section 28745 of the Public Utilities Cade of the State of California. provides that on and after November 29, 1974, the governing body of the San Francisco Bay.Area Rapid Transit District(hereafter`Districf" shall be a beard of directors (hereafter"Beard")consisting of nine members elected by election districts; and WHEREAS, Section 28750 of the Public Utilities Code of the State of California provides: "Following each federal,decennial census and using the census as a basis, the beard shall,by resolution, adjust the boundaries of the election districts so that the districts shall be as nearly equal in population as practicable considering the factors specified in Section 28745.6"; and, WI EREA.S, Section 28745.6 of the Public Utilities Cade of the State of California pro-vides: Page 1 of 4 2-15 "In establishing the election districts,consideration sh-qll be given to the follovring Victors: (a) Community of interest of the povulation'within an election district. (b) Cohesiveness, contiguity, integrity, and compactness of territory. (c) Topography. (d) Geography. Boundaries of the election districts need not conform to the boundaries of counties,cities, cities and counties,or districts, or of wards or election districts established for the nomination " or election of any officers thereof,or of Assembly, Senate or congressional districts..", and WHEREAS, Section 28750.4 of the Public Utilities Code of the State of California provides: "The resolution reestablishing the election districts shall describe the new boundaries of the election districts by reference to a map or maps on file with the secretary of the district. Immediately upon adoption of the resolution, the secretary shall file a certified copy of the resolution and the reap or maps describing all election districts wdttr,the:Secretary of State, and tivith the county clerk of each county vYth territory w�ith?n the boundaries of the dismct."; and page 2 of Y 2-16 WHIEREAS, the Beard finds th t an ideal election dismict bas4d on the 2000 census r'guns wouldha-veapopulation of 3�?,l�?3, 'MT ERE A5,the Board finds that the :actor listed at Section 28145.6 have been considered in the adjustment of the election district boundaries. NOW, THEREFORE,BE IT RESOLVE?by the Beard of Directors of the San Francisca Bay Area Rapid Transit District: l. That the boundaries of the nine election districts are adjusted as described and identified in the Redistricting Plan attached hereto and by this reference made a part hereof; 2. That the Secretary of the District is directed to maintain on file this resolution and the attached Redistricting Flan; 3. That the Secretary of the District is hereby authorized and directed to certif5 to the due adoption of this resolution and the attached Redistricting Plan describing all nine election districts, and to file a copy hereof, so certified,with the secretary of the State of California, and with the county clerk of each county with territory within the boundaries of the District; 4. That Resolution no.4430 is superseded by this resolution. 2-17 .............................................. P-kSS:,-:D AND ADOPTED this 25th day. of October. 2001, bythe FoUowinz vote: AYES: 7 - Directors B-la-lock. , Fang, Keller, Radulovi-ch, Richard, Snyder, and Kennedy NOES: I - Director Nakadegawa 0 ABSENT: 1 - Director Ward Allen PRESIDENT AT ST: SECRETARY paa-- 4 of 2-18 i SAN FRA CISCO BAY AR EVANS/MCDONOUGH APED TRANSIT DISTRICT Com'>s3y Incomorated CERTII`I TA RUE CCyE'Y KEi' N-=TH A. DURON, DISTRICTSECRETARY BART Proposed Redistricting Presentation of Plan. 1 Redistricting Plan adopted by the Berard of Directors of the San Francisco Bay Area Rapid Transit District under Resolufion No. 4821, October 25, 2001 Prepared by. Evans/McDanoug,h Company Inc. and Pae Tech Data &. Research September 20, 2001 Opinion Research Sirateoic Services SEAT 7 LE OFFICE 1633 5elk c A,enue >-,me Seattle. WA 98122 To) {20611.652-2455 - =ax (206)652-5022 ~J 6ERKELE'c OFFICE 765 G,Imo;Sireel bcrkcic,.•. CA 94%30 . ?Nk: (5)0?55c-1776 Fu x: 1530' 3=9 1770 2_19 Table of Contents Summary of District Population & Deviations............................................................................4 City Analysis of Proposed Districts.................................................-------------------------------------------5 Political Pam Breakdown within Districts.................................................................................9 BART Stations within Proposed Districts.................................................................................J0 DemographicAnalysis—District 1 ......... .................................................................................12 Demographic Analysis-District 2... ................... ................... ............................................13 Demographic Analysis—District 3...........................:...............................................................14 Demographic Analysis—District 4...........................................................................................15 Demographic Analysis—:District S...................... ................... ...............................................16 Demographic Analysis—District 6...........................................................................................17 Demographic Analysis—District 7...........................................................................................18 Demographic Analysis—District 8...........................................................................................19 Demographic Analysis—District 9...........................................................................................20 DistrictData...---- ...............................................................................................................21 TotalPopulation......................................................................................................................................2l Voting,Abe Population(VAP).......................•--•--..................................................................-----...........22 VoterRegistration...................................................................................................................................22 Registrationby Surname ------•..........................................................................................:......................23 2000 General Election Data....................................................................................................................73 LegalDescriptions....................................................................................................................24 Written Descriptions First District.............................................................................................................................:.....24 Fi SecondDistrict...............................•---.....-•----..........................._---..................................................27 ThirdDistrict..................................................................................................................................30 FourthDistrict................................................................................................................................33 FifthDistrict...................................................................................................................................34 SixthDistrict..................................................................................................................................37 SeventhDistrict........................................................................•--................................------.............38 EighthDistrict.........................•--................................................................................-----...............41 NinthDistrict..................................................................................................................................43 Tracr Descriptions District01 consists Of:................................................................................................................._.45 District02 consists of:............ .................. .......................... ........................................................47 District03 consists m-................_----................................................. .......... ---..............................50 District 04 consists of-..... .............................................................................---___...52 District05 consists of------- ------------... .................... ------------------------------------------.__..........................53 District Of) consist-, ...................... ------------- ..................._._................................. .._..._....-_5= ----- District07 consists of:._..----- .......................................................... ......... .......... ._-._..-............56 Districtilk consists of-------...-..........---------------------_.-.._...---_-_.-__------.......... ---------...._-...._.-----------5� District09 consists of:... .. ..................................................... ....................................._...._..59 E/v r 2-20 _ ..... ........ ......... .............. ....._....._.....................__._. ... .. ....... .............. _... .............................. MEMORANDUM TO: KEN DURON, DISTRICT SECRETARY FROI , ALEX P. EVANS DATE: SEPTENMER 18, 2001 RE: RE-DISTRICTING METHODOLOGY In July 2001,Evans/McDonough Company and PacTech Data and Research began the redi.stsicting process with the BART Board of Directors. An initial analysis of current district boundaries and demographics was presented to the BART Board of Directors and the public in a series of public hearings in the counties of San Francisco,Alameda and Contra Costa. The public hearings allowed EMCfPacTech Data and Research to compile constituent input for the upcoming redistricting. After conducting this initial analysis,EMCIPacTech Data and Research met individually with BART Directors to gather comments and concerns about redistricting, Using the information gathered from the public hearings and the individual BART Director meetings,EIVICIPacTeeh Data and Research created the attached proposed redistricting plan. The proposed redistricting plan is the result of careful consultation with the public and the BART Directors. This plan also meets the consultant requirements of low district deviations from ideal population size,no significant demographic changes between existing and proposed districts aand _.a design that meets the Director and public's request for more consolidated districts which do not, when possible, split cities into multiple districts. Currently, overview reaps that present the gine BART districts under the proposed redistricting plan are available. Attached are charts outlining which BART stations are found within each proposed district. EMC1PacTecn Data and Research are creating individual district maps as follows: F individual district maps with precinct/census tach lines; F !Ddividual district trans with eeo=aDruc details such. &,;maior streWte and BART stattonr, F Ii livid ua' rra-ol; il!L'stratinc tet ovmail o ex sunr anc DroDos�G cLsTrLcL:, fit /caW 2-21 Summary of District Population & }deviations vis&irl Troposedy0plilatiowr t + r 1 352,551 352,143 408 0.12010 2 352,695 352,143 552 0.16% 3 351,665 352.143 -478 -0.14% 4 352,157 352,143 14 0.00% 5 351,643 352,143 -500 -0.14% G 352,214 352,143 71 0.02%a 7 352,.511 352,143 368 0.10010 8 351,368 351.143 -775 -0.22% 9 352,486 352..143 343 0.10% Total 2-22 City Analysis of Proposed Districts ,i Distria cozfjv� Bace Place City in District Contra Costa Alamo 100.00% 15.626 15.626 Blackhawk- Camino I Contra Costa Tassajara 100.00% 10,048 10,048 1 Contra Costa Clayton 100.00% 10.762 10,762 I Contra Costa Concord 100.00% 121,780 121,780 I Contra Costa Manville 31.71% 13,226 41,715 7 Contra Costa Diablo 100.00% 988 988 1 Contra Costa Lafayette 100.00% 23,948 23,908 1 Contra Costa Moraga 100.00% 16.290 16,290 1 Contra Costa Orinda 100.00% 17,599 17599 1 Contra Costa Pacheco 95.09% 3,387 3,562 I Contra Costa Pleasant M 93.92% 30.840 32,837 3 Contra Costa Waldon 100.00% 5,133 5,133 1 Contra Costa Walnut Creek 100.00% 64,296 64,296 Remainder of 1 Contra Costa Contra Costa 63.55% 18.66$ 29,375 2-23 ......... ......... ......... ....... ......... ......._. ._._... ........................................................................ City Analysis of Proposed Districts (Continued) t District i 2 Contra Costa Antioch 100.00% 90532 90532 2 Contra Costa Bay Point 100.00% 21,534 21,534 Bayview- 2 Contra Costa Montalvm 100.00% 5.004 5,004 2 Contra Costa Bethel Island 100.00% 2312 2312 2 Contra Costa Brentwood 100.00% 23,302 23,302 2 Contra Costa Byrom 100.00% 916 916 2 Contra Costa Clyde 100.0090 694 694 2 Contra Costa Crockett 100.00% 3,194 3,194 2 Contra Costa Discovery Bay 100.00% 8.981 8,981 2 Contra Costa El Sobrante 79.64% 9,764 12,260 2 Contra Costa Hercule's 100.00% 19,488 19,488 2 Contra Costa K.nightsen 100.00% 861 861 2 Contra Costa Martinez 100.00% 35.866 35,866 2 Contra Costa Mountain View 100.00% 2,468 2.468 2 Contra Costa Oakley 100.00% 25,619 25,619 2 Contra Costa Pacheco 4.92% 175 3,562 2 Contra Costa Pinole 100.0090 19.039 19,039 2 Contra Costa Pittsburg 100.00% 56.769 56,769 2 Contra Costa Pleasant Sill 6.0890 1,997 32.837 2 Contra Costa Port Casts 100.00% 232 2-32 2 Contra Costa Rodeo 100.009'0 8,717 8,717 2 Contra Costa Tara HRIs 100.00% 5,332 5332 2 Contra Costa Vine Dill 100.00% 3260 3260 Remainder of 2 Contra Costa Contra Costa 22.60% 6,639 29.375 2-24 City Analysis of Proposed Districts (Continued) -Pupulation or 7,opuiatiou orDimict counn� Place -Place 00:in.Di�rricf rill t 3 Alameda Ashland 100.0090 20,793 20,793 3 Alameda Berkel-ty 68.27% 70,144 102,743 3 Alameda Castro Valley 2 3290 1,3329 57,292 3 Alameda Cherryland 100.0090 13,837 13.837 3 Alameda Hayward 45.18% 63,259 140,030 3 Alameda Oakland 15.30% 61,139 399,484 3 Alameda Piedmont 100.00% 10,952 10,952 3 Alameda San Leandro .100.0090 79.452 79,452 3 Alameda San Lorenzo 100.009'0 21,898 21,898 Remainder of 3 Alameda Alameda 35=% 3.926 11.148 3 Contra Costa Kensmgton 100.0090 4,936 4,936 4 Alameda Alameda 100.00% 72_7.59 72159 4 Alameda Oakland 70.06% 279,898 399,494 5 Alameda Castro Valley 97.68% 55,963 57,292 5 Alameda Dublin 100.00% 29,973 29,973 5 Alameda Fairview 100.0090 9,470 9,470 5 Alameda Hayward 26.66% 37,334 140030. 5 Alameda. Livermore 100.0090 73.345 73,345 S Al3teda. Pleasanton 100.00% 63.654 63.654 5 Alameda Stmol 100.00% 1332 1,332 5 Alameda union Ciry 0.00% - 66.869 Remainder of 5 Alaur-da Alameda 64.57% 7.198 11.148 5 Contra Costa Danville 68.2990 28.489 41.715 3 Contra Costa San Ramon 100.0090 44.722 44.7:?. Remainder of Contra Costa Dorm!Cosr.". 0. 590 16-1 we.3-7c t11' !J! WMA 2-25 . .... ........ ...................... _. ......... ......... ......... ......... .._..... City Analysis of Proposed Districts (Continued) -------------- e7r, of �Iapula,6011 Of` Population of' District Countv -Place Place City in Distriel Ci ty 9 E 6 Alameda Fremont 100.00% 243.413 203,413 6 Alameda Hayward 28.16% 39,437 140,030 6 Alameda Newark 100.W% 42,471 42,471 6 Alameda limon City 100.00% 66.869 66,869 Remainder of 6 Alameda Alameda 0.22% 24 11,148 7 Alameda Albany 100.00% 16.444 16,444 7 Alameda Berkeley 31.73% 32.599 102,743 7 Alameda Emeryville 100.00% 6,982 6,882 7 Alameda Oakland 14.63% 58,447 399,4$4 East Richmond 7 Contra Costa Heights ' 100.0070 33577 3,357 7 Comm Costa El Cerrito 140.00% 23.171 23,171 7 Contra Costa El Sobraratt 2036% 2,496 12.260 7 Contra Costa Richmond 100.00% 99,216 99,216 7 Contra Costa Rolfinggwood 100.00% 2,900 2.900 7 Contra Costa San Pablo 100.00% 30.215 30-215 Remainder of 7 Contra Costa Contra Costa 1329% 3,905 29-375 7 San Fraaci=o San Fmmcisco 9.38% 72,879 776,733 9 San Francisco San Francisco 45.24% 351368 776,733 9 San Francisco San Francisco 45.39% 352.486 776,733 -rrrin��G ri�dzsr.�tir_:.v:ui 2-26 _..... ........ _..___......_. ... .. .. .... ...__ ........ _. Political Party Breakdown within lam: tricts f 1 352,551 208,110 41.70% 40.14% 18.17% 2 351695 165,346 54.89%x 26.62% 18.49%x 3 351.665 186.881 60.70% 16.67% 22.63% 3 4 352,157 148,043 65.22% 1154% 5 351.643 182,188 4130% 39-31% 19.4017b 6 352,214 136,171 51.03% 25.74% 23.23% 7 352.511 169,332 67.16% L73%3% 24.11% 8 351,368 215,464 50.74% 19.08% 30.17% p 352.486 229,222 59.86% 9.45% 30.69% TOMI 3,169.290 1,640.757 vrannti�;: i;�rristr�tirr-tiny :ljiC_ 2-27 ............................ ................. ............. BART Stations within Proposed Districts Co=ord Lafayette North Concord/Martinez OrinLia Pleasant HM Wal=Creek Pimbur&/Bayftim Bay Fair Downtown Berkeley Hayward N Berkeley Rockridge Sm Lemidro mom--- Colis--um/Oakland Atpart Fnnrvale Lake Merritt Share 4& 712th Share 4&719th fi Castro Valley Dxiblin/PltaMtOn South l--,av%W-aTC Unior cjrn a.-Severn:art or O'rt-:dr 2-28 ..................... ........................ ...................-............... .............._..... .... .._.. .._.._...... .. _. ........ .._. ........ ....... ........... _. . . .............-_..... BART Stations within proposed Districts Continued J Ashby El Cerrito Del Norte El Cerrito Plaza l MacArthir Richmond West Oakland Shave 4&7 12th Shave 4& 7 19th Shave 7&8 Embarcadero Share 7&8 Montgomery Balboa Shore 7&8 Esztbarcadero Share 7&8 Montgomery Shave 8&9Powell J J 15th 24th aim P2rk Civic Center share 8&9 Powell J Na Colrma -Daly City =These srarions are appmximare as several are on or near a.border J Y I(A-W, 2-29 �• CS+ CV (:`r v� -� C7 � '- � cv C7 O --� — � a+ oro —• G C5 --% � N Cly � N n v V ,Ss f•- •�.a ... _. N �• v'� as N C p O 4M r- chi+ r"n rNn n � — — v � d two v _e r tis c w i P�! d ct _ t c i _ c � C C 2-30 ...: C.4 C;h C \C? V0 N C. N pr !,- Vy N N r.. r cwt x 00 U N u^: --• r in c cs ca V r r m ON N M m ON %.PD m� cn c,> rn IC! � < <h •-- c N rwt to oc v+ r+7 r � = N w r N C ao r Q r^: M, .4,,, " f`.h er bC 07 cocam^. «�rq t m e y `1 hwltN M r Y1 N r``^. 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CN gn" V, b.r- 00 CN N ull M r-4 C> \,n N CN C,4 M C'4 C14 m C`4 rn V-, r- co CQ en C-4 r�) eq %n 00 10 en t- C. 00 r-4 en rnrn r- r,3 C C� m �o r-4 s = " t- 4n in C\ tn N )C), C-4 C-4 C7 CN Cw et 00 VI %e) .4:1 to v r- NC- C'4 t'- N c,4 r- C-4 y of It w N co 00 co cK Ol- I en 'Ir 00 en CP\ a\ C> �:; C,4 M ri In 7. -.-2 lil CIE, r- 00 D cr. tri U-1 r-1 V-f m -rr CT a, t-4t1 CO G -0- w = r� -- U'l eS to m rn 0\ emn tn U') OOC CN S N c '�7 M M tn r.,l N 'T r- f", N < f- cc C-4 -tr -ft f-4 CM < 2-40 ......................... r- 'cT' N ra >i^. h'• ern >O N T)O ^+ M M M M ON tn C-4.Q [<'� N i! 1:S f'3 M C N vy u-s ti's d � •�-...n�tS u7 L�'7 C � � N . rte+ N C7 +.7 r- \a 10 C7 M V7 M 'C N 0A N N VJ 00 fr'7 U't N 00 Cb C' C C... Ir ttn N N It .'ITC14 .. en V ell M LL LIP v cc r,4 N C14 %n N tomtit \0 N 4d � O r- ri N rn C. ,n m r- \=) c ra es N r� C w cv e•5 00 e N = tet of r- en �v sir ao r~ v't \:+ Ty+ t.7 t`- «": OC> ^,,.t EA CT T`� CL v'1 CYi r• N . 4"S Ch C7.. ..m r14 N r- p3 —+ on _ v C7 r Q r r 1 as \M - cn et m vM \.*D a L" t tt t t : _ 2-41 ......... ......... ......... ..._.. _.. _. . ...... ................. ..._. ._... .. ...._.... __ Legal Descriptions First District All of that portion of Contra Costa.County bounded and described as follows:Beginning at the point of intersection of the Bay Point/Concord census designated place/ciry line and the Clyde/Concord census designated place/ciry line,and proceeding easterly along the Bay Point/Concord census desi namd place/city line to the Bay Point census designated place line,and proceeding easterly along the Bay Point cense designated place line to the Bay Point/CoDcord census designated placelcity line,and proceeding northerly along the Bay Point/Concord census desisted plac4JJcity line to the Concord city line,and proceeding southerly along the Concord city line to the Pittsburg/Concord city line,and proceeding southerly along the Pittsburg/Concord city line to the Concord city line,and proceeding easterly along the Concord city line to the Clayton city line,and proceeding easterly along the Clayton city line to Unnamed Local road 0=:19173826),and proceeding southerly along Unnamed Local road(TLID:19173826) to the Clayton city line,and proceeding southerly along the Clayton city lute to Unnamed Local road (TLM:19171405),and proceeding southerly along Innamed Local road(TT ID:19171405)to t ne Clayton city lane,and proceeding easterly along the Clayton city line to Marsh Creek Road,and procwAmg easterly along Marsh Creek.Road to Nonvisible boundary MM:19484068),and proceeding southerly along Nonvisible boundary(T ID:19484068)to Nonvisible boundary('T M:194467i3).and proceeding southerly along Nonvisible boundary(=:29446713)to Nonvisible boundary(T`i.,ID:19446630),and proceeding southerly along Nonvisible boundary('T°LIi7:19446630)to Nonvisible boundary (TI ID:19444890),and proceeding southerly along Nouvisible.boundary(IZID:19444890)to Nonvisible boundary('=:19444884),and proceeding southerly along Nonvisible boundary(TL3D:19444884)to Nonvisible boundary('LIM:19451110),and proceeding southerly along Nonvisible boundary C'TL D:19451110)to Unnamed Local road 0=:19448041)t and proceeding southerly along Unnamed Local road M IDA9448041)to Johnston Road,and proceeding westerly along Johnston Road to Streeaminver MID:29440508),and proceeding northerly along Sntamhiver MM:19440548)to Streamhiver(=:19440593)I,and proceeding northerly along Strearnhiver(TLID:19440593)to Bruce Drive,and proceeding westerly along Bruce Drive to Camino Tassajara,and proceeding northerly along Camino Tassaiara to the Blacldiawk-Camino Tassajara census desimated place fine.and proceeding westsriy Blot'^the Blac d aWk-Camino Tassaiwa census designated place line to the DanviilJBlad'hawk- Warninc Tassa;ara tawnrcensus desinrated place line.and proceeding western aiorg the :JanVzljeB;acltinavi; -Canainc,Tassaia a rowric'nsus designated place line to Biachnaw:,•kcad, and oroceedina snub t&v alot<c Blacknaw;;Road to Camino Tassa;=-and uroceedirg westrri-Y along A uarnim i a ;d P!! io -ssaiato Dt2Dtn RoaC an6 Dr0Ctt6westerly along Dia Road tf• �-69(;. and t3r{S.w`wZ11P.2 2-42 First District Contint#d northerly along 1-680 to El Cerro Boulevard,and proce:dmg westerly along El Cerro Boulevard to Danville Boulevard,and proceeding westerly along'Danville Boulevard to Del Amigo Road,and proceeding southerly along lel Ammo Road to Bradford Place,and proceeding northerly along Bradford Place to Kuss Road,and proceeding westerly along Kuss Road to Clipper Hill.Road,and proceeding wesy along Clipper Hill Road to Jeep'Trail,and proceeding, westerly along Jeep Trail to the Danville/Alamo town/census designated place line,and proceeding southerly along the Danville/Alatno townlcertst7s designated plates line to the Alamo census desigbmed place line,and proceeding southerly along the Alamo census designated place,line to Rocky Ridge Road,and prodding southerly along Rocky Ridge Road to the Alameda/Contra Costa county line,and proceeding westerly along the Alameda/Contra Costa county line to the Kensington census designated place line,and prodding northerly along the Kensington census designated place lute to the Richmond city line,and proceeding westerly along the Richmond city line to the El Sobranm census designated place line,and proceeding northerly along the El Sobrante census designated plate line to the Richmond city line,and proceeding northerly along the Richmond city line to the El Sobrante.census designated place line,and proceeding easterly along the El Sobtante mums designated place line to Nonvisible boundary(I'l ID:18039731), and pmeeeding northerly along Nonvisible boundary CZ7. -18038731)to Nonvisible boundary (=:19039409),and proceeding northerly along Nonvisible boundary(TLJD:19039409)to the Pinole city line.and proceeding easterly along the Pinole city line to the Hercules city line,and proceeding northerly along the Hercules city line to the Rodeo census designated plain line.,and proceeding easterly along tine,Rodeo census designated place line to the Crockett dsus designated place line,and proceedm',, easterly along the Crockett census designated place line to State Route 4.and pmceedina,easterly along Scatty Route 4 to the Martinez city lure.and promeding,southerly along the Martinez city line to Alhambra Valley Road,and promeding southerly along Alhambra Valley Road to R.-hez Valley Road.and promeding easterly along Rehez Valley Road to the Martinez city line,and proceeding easterly along the Martinez city line to tete Martmez/Pleasant Hill city line.and proceeding easterly along the Mardnezmleasant Hill city line to Paso Nq al_and proceeding northerly along Paso Nodal to Morellri :avenue,and proceedinz nottheriv along Mor--llo Avenue to tete MardnezlPleasant HM cinelint.and vroceedinc easttri.y along*tht lv,artinez/Pieasant Hib city line to the'Pacheco/Pleasant Bill mnstts des;agnated p;aceicm lire.an: proceeding ea.sterty along-the PachecolPieasan,HE census des;u-mated piaceiciry hent to Cniivancitngo;Farr.v:av and proceedira easteriv along Chiipancirzo T-1.ancv./'av Lo tine Pieasant Hill cite line.and';7roceeding eastt—fn.along tete Pleasant Hill cine Line to Contra Costa :Canal. and : proceeding nonhtL)v aionc ..ontla Cosh Canal to the Pita.-;an- c,tvicensu4 cestgmated pract EWA) Co 2.433 ..........................................................I......... ........................................-... First District Continued Tv census line,and proceeding westerly along thi Pleasant HM/P�acheco c'j designated place Zine to Contra Costa Canal,and procee-ding westerly along Contra Costa Cana]to the MartinezfPacheco CiTY]census designated place line,and proceeding northerly along the Martinev?acheco city/census designated place line to the Vine HM/pacbeco census designated place line,and proceeding easterly along the Vine census de proceeding Hioacheco census,designated place line to the,Pachecodesignated place line,and 0 easterly aiOng the parheco census designated place line-to the Concord city line,and Pcetding eeasterly along along the Concord citylint to Unnamed L=al road aIM--1 8961969),and proceeding northerly Tinn-amed.Local road MM:18961969)to the Concord city line,aDdProCeOdin-cy westerly along the Concord city line to the ClydelConcord census designated placeJcity line,and proceeding easterly along the Clyde/Concord census designated placelcitY line to the Point of be-MnnMIa,. 2-44 ——-------- .......................... Second District All of that portion o,Contra Costa County bounded and described as follows:Beginning at the point of intersection of the Sacramento/Conaa Costa county line and the Solano/Contra Costa county line, and proceeding easterly along the Sacramento/Contra Costa county line to the San Joaquin/Contra Costa county line,and pro=dista southerly along the San Joaquin/Contra Costa county line to the. Alameda/Contra Costa county lime.and proceeding westerly along the Alameda/Contra Costa county line a to Nonvisible boundary('TLTIJ:I 9439893),and proceeding northerly along Nonvisible.boundary CTL D-19439893)to Nonvisible.boundary(=:19439900),and proceeding northerly alon8 Nonvisible boundary(TLID:19439900)to Nonvisible boundary(TLID:19447032),and pros eecling easterly along Nonvisible boundary(=:19447032)to Nonvisible boundary(=:19447269),and proceeding northerly along Nonvisible boundary(TLID:19447269)to Nonvisible.boundary C=:19447284),and proceeding northerly along Nonvisible boundary CTI 1D:19447284)to Nonvisible boundary CI7.ID:19447724),and proceeding northerly along Nonvisible boundary(TI.II.7:19447724)to Unnamed Local mad C=:19448041),and proceeding northerly along Unnamed Local road C=:19448041)to Nonvisible boundary(TL ID I9451110),and proceeding northeaiy along Nonvisible boundary (TLID:19451 l l0)to Nonvisible boundary(TLg3:19444884),and proceeding northerly along Nonvisible boundary CTLID:19444884)to Nonvisible boundary(TLID:19444890),and proceeding northerly along Nonvisible boundary('TL3D:l9444890)to Nonvisible boundary CTL,ID:19446630),and proceeding northerly along Nonvisible boundary M 3D:19446630)to Nonvisible boundary(TL1D:19446713)„and proceeding northerly along Nonvisible boundary(nM:19446713)to Nonvisible boundary MM:19484068),and prodeeding northerly along Nonvisible boundary alm-.19484068)to Marsh Creek Road,and proceeding weeste fly along Marsh Creek Road to the Clayton city line,and proceedin g westerly along the Clayton caty line.to Unnamed Local road C:19171405),and proceeding northerly along Unnamed Local road j'II-M:1.9171405)to the Clayton city line,and proceeding northerly along the Dayton city line to Untamed Local.road C=:19173826),and proceeding northerly along Unnamed Local road(TL.3D:I9173826)to the Clayton city line,and proceeding northerly along the Clayton city line to the Concord city line,and proceeding northerly along the Concord city line to the Concord/Pittsburg city line,and proceeding northerly alon J the ConcordlPitrsburg city lime to the ,--concord cin,line.and proceeding*norrheriy along the Concord city line to the Concord/Bay Point cirvicensas designated place lime.and proceeding western•aicanw the C.d}rscnrdi/Bay 'titin€:atvlcsnsus, designated place iine.to the Bay Point census designated place line, ane pro=dirn was*wrsAalong the Bay Poing census desipnated place line to the Concord/Bav Point cityicensus designated;place line.and tsroceedirn westeri aaorr the-Concord/La%I Poiu-tt city/census,designates place line to t e Concord/Ciydt citvicensus cts:-?nattC plac. "tine,and proc eed:inc soutner"iv mono th:! Concord/C ivdt---irvicensu 2-45 Second District Continued designamd place,lane to the Concord city line,and proceeding southerly along the Concord city line to Unnamed Local road(TZID:1896i969),and proceeding southerly along Unnamed Local road 0=:18961969)to the Concord city line,and proceeding westerly along the Concord city line to the Pacheco census designated place line,and proceeding westerly along the Pacheco census designated place linttto the PachecoNine Hill census designated place line,and proceeding westerly along the PachecoNme.Bill census designated place line to the Pacheco/Martinez census designated placelcity line, and proceeding southerly along the Pacheco/Martinez census designated place/city line to Contra Costa Canal,and proceeding easterly along Contra Costa:Canal to the Pachecol'Pleasant Hill census designated place/city line,and proceeding easterly along the Pacheco/Pleasant Hill census designated place/ciry line to Contra Costa Canal,and proceeding southerly along Contra Costa Canal to the Pleasant Hill city lime, and proceeding westerly along the Pleasant Hill city line to Chilpancingo Parkway,and proceeding westerly along Cailpancingo Parkway to the Pleasant Hill/Pacheco city/census designated place line,and proceeding westerly along the Pleasant H lUPacheco city/census:designated place line to the Pleasant. Hill/Martinez city line,and proceeding westerly along the Pleasant Hi1UMartinez city line to Morello Avenue,and proceeding southerly along Morello Avenue to Paso Nodal,and proceeding southerly along Paso Nogal to the Pleasant HilltManinez city line,and proceeding southerly along the Pleasant Hill/Martinez city line to the Martinez city line,. and proceeding northerly along the Martinez city fuze to Reiiez Valley Road,and proceeding westerly alone.,Reliez Valley Road to Alhambra L alley Road,and proceeft-northerly along Alhatnora Valley Road to the Martinez city line,and proceeding northerly- alone ortherlyalone the Martinez city line to State Route 4,and proceeding northerly along State Route 4 to the Crockett census designated place line,and prodding westerly along the Crockett census designaied place line to the Rodeo census design axed place line,and pmceeding westerly along the Rodeo census designated place lint to the Hercules city line,and proceeding southerly along the Hercules city lane io the Pinole city fine,and proceeding westerly along the Pinole city line to Nonvisible boundary 0=:18039409),and proceeding southerly alone Nonvisible boundary C=:18039409)to Nonvisible boundary(=:18039731).and proceeding southerly along Nonvisible boundary(TT_1D:18038731)to the'a'Sobrante census dtsignated place line.and pro tdintt easterly along the El Sobrante census desi Mated place fine in,the kicnmond/-E, S60-rant cirvicersut desiahated place lune. and Droceeding w2steriv aiom:tine RichmondID, Sobrante citvicensc:s dtsigraiee 6act lint tcF the Ricnmondl'�i is hrt.and nroceedin2 westeriv alop_g tht Rzcnmondf.r-iriolt cirJ line to the lcicnmondM Sotsrant: k cimcensus 6esisnated matt iint, enc proceeding a°astern-alone tht Ricnmondfal Srio:ante city/census desi- attc Duce line io the Richmond/Pinole citi lint_ and prncetdirg wtsr_,riy aior_g tht 2-46 Second District Continued Richrnond(Fiuolt city line to the RichmondlTara I�3,h cirylcensus designated place line,and:proceeding westerly along the RichmondtTara.Hills city/census designated place line to the RichmondlBayview- Montalvin arylcensus designated place line,and proceeding westerly along the RichmondBayview- Montalvvin city/census cim zamd plate lim to the Richmonff inole city line,and proceeding westerly aiorig,the RichmondlPmole city lime to the Richmond city line,-and pro=ding southerly along the Richmond city line to Nonvisible boundary C=:17605197),:17605197),and proceeding westerly along Nonvisible boundary C=:17605197)to the Marin/Contra Costa co mty line,and prodding northerly along the Marin/Contra Costa county line to the SolanolContra Costa county line,and proceeding easterly along the SolanolContra Costa county line to the point of beginning. 2-47 T'nird District All of that portion of Alameda County bounded and described as follows:Bunning at the point of intersection of the Contra Costa/Alameda county line and the Albany/Berkeley city line,and proceedin;southerly along the Contra Costa/Alameda county line to Miller Road, and proceeding southerly along Miller Road to Riley Ridge Road,and Proceeding easterly along Riley Ridge Road to EbmlAd,and proceed=-westerly along Ebmud to Miller Road,and proceeding southerly along Miller Road to the Castro Valley census designated place line,and pmceeding westerly along the Castro Valley census designated place line to the Castro Vall y/Oakland census designated placelciry line,and proceeding southerly along the Castro Valley/Oakland census designated place/city line to Nonvisible boundary MMI 1739820),and Proceeding southerly along Nonvisible boundary C=:11739920)to Physical feature Cl'l.II):I 1739870),and proceeding southerly along Physical feature(=:1 1739870)to Fence C=:I 1739857),and proceeding southerly along Fence CMIDJ 173 9857)to Fence C=:11739744),and proceeding westerly along Fence(TI..ID:I 1739744)to Fence CIZ,a):l 1739710), and proceeding westerly along Fence(TUDA 17397 10)to the Castro ValleylSan Leandro census designated place/ciry line,and proceeding southerly along the Castro ValleylSan Leandro census designated place/city line-to Fence CIIID:1173933E)i,and proceeding southerly along Fence (TI.JI'?:11739336)to Van Avenue,and proceeding southerly along Van Avenue to 150th Avenue,and proceeding westerly along 150th Avenue to the Casio Valley/Ashland census designatedplace line,and proceeding easterly along the Casino Valley/Ashland census designated place line to Unnamed Special road C=-11735496).and proceeding easterly along Unnamed Special road C=' 11735496)to the Castro ValleylAshiand census designated place line,and proceeding southerly along the Castro Valley/Ashland census designated place Line to the Castro Valley/Cherryland census designated place line,and proceeding easterly along the Castro V alley/Cherryland census designated place Line to the Castro Valley/Hayward census designated place/city Litre,and.proceeding northerly along the Castro Valley/Hayward census designated place/city line to A Street and proceeding westerly along A Street to 4th Street.and proceeding easterly along 4th Street to D Street,and proceeding westerly along D Street to 2nd Street,and proceeding southerly along 2nd Street to E Street and proceeding westerly along E Street to Jackson Street and proceeding southerly along Jackson Street to Bay Area Rapid Ztansit RR,and proceeding soutreriv along Bali Area Rapid Transit RR to Nonvisible boundary C':'T_.M-:'_:767127).and oroceedip.<< southeriv aiorg Nonvisibte boundary(TLID:1 i 767197)to lackson Scree-- an oroc--edinr. Sd1uL[teri�'aiorg 1a�iCS()T StCv�i Lt: Silva�`'ent'�. and procaedir'g northtriv alora Siivi;,,vtrluv to 3acksar, A Scree;_ and oroceedin__^southeriv along 3acksor Streit to Timon Pacific Pait_roac. and proceedtr_^_southtri% alom.'liniara Pacii'ic Raiiroac to W.r ennysor, Roac_ and proceeding_west'riv aiorg ti:.i tnnysoP Roar tc 'riesoeriar: Psauievarc. and nroceeain^no-, aiarg liespsr,ar Bnuievard to sayssor Scree._and �ronrt�� k�¢��tric�i^; Pian 2-48 Third District Continued Proceeding;westerly alone,W.Jackson Street to State Highway 92,and proceeding westerly along Stare Highway 92 to Unnamed Limited access road(=:11637740),and proceeding westerly along, Unnamed Limited access road(TLID:I 1637740)to San Mateo Bridge,and proreeditea westerly along San Mateo Bridge to the San Mateo/Alame-da county line,and proceeding northerly along the San Majbo/Alameda county line to the Oaklan fH yward city line,and proceeding northerly along-the Oakland/Hayward city line to the Oakland/San Leandro city line,and proceeding-westerly along the Oakland/San Leandro city lime to Nonvisible boundary(T M:101.59402),and proceeding,northerly along Nonvisible boundary(=:10159402)to the Oakland/San.Leandro duty line,and proceeding-a northerly alone the Oakland/San Leandm city line to Nonvisible boundary(TLIDA 17 12712),and proceeding easterly along Nonvisible boundary C=:l 17 12712)to Nonvisible boundary(T'LJD:11712781),and proceeding easterly along Nonvisible boundary(1'L1I.7:11712781)to Nonvisible boundary 1171376 1),and proceeding easterly along Nonvisible boundary('=:I 171376 1)to the Oakland/San Leandro city line,and proceeding nj northerly along the Oakland/Sam Leandro city line to Foothill Boulevard,and proceeding northerly along-Foothill Boulevard to 186th Avenue,and proceeding easterly along 106th Avenue to 1-580,and proceeding northerly along-1-580 to Unnamed Special road (TLID:17948287),and proceeding northerly along unnamed Special road(T'LID:17948287)to Mountain Boulevard,and proceeding westerly along Mountain Boulevard to Frontag- Raad,and proceeding westerly along Frontage Road to Mountain Boulevard,and proceeding northerly alonro g Mountain Boulevard to Warren Freeway,and proceeding northerly along Warren Freeway to Lincoln Avenue,and , proceeding westerly along Lincoln Avenue to Tiffin Road,and proceeding westerly along Tiffin Road to Waterhouse Road.and proceeding easterly along Waterhouse Road to Clemens Road,and proceeding westerly along Clemens Road to Lennert Place,and proceeding northerly along Leiraen Place to Lein= Boulevard,and proceeding westerly along Limen Boulevard to the Oakland/Piedmont city line.and proceeding southerly along the Oakland/Piedmont city line to Grand Avenue.and proceeding southerly along Grand Avenue to Jean Street and proceeding westerly along Sean Street to Santa Rosa Avenue,.and proceeding westerly along Santa Rosa Avenue to Vernon Street-and proceeding southerly along Vernon Street to Moss Avenue.and proceeding northerly along Moss Avenue to W.Macarthur Boulevard.and proceeding nortneri1.along)k-Macarthu-Boulevard to Broadway.and proceeding nort my along Broadwwv to 51s Stree�- and Droceedint-westerly glom: 51st Scree:to Telegnmr'.zveril:,r..aD .Droceeotrt{ northern along i ele-ar)h Avenue to 52nd Scree,-and, rmceedinz western-alone 52nd Street to Stat° 11"?I7V a1 2z,and Drnctt lir,northeriv mush_ State�'ai hwa%;24 to T elcz—,eri..Avenue. and DroCeedinc norttieriv aiorig Telegraph Avenue to the OaldanC/Beri<elt},Cit]`!in---an6 along the tDnt. C 7t�t1tCIT t7P._ Par 2_49 ........................................................ ................................................ ........................................ Third District Continued Oakiandiserkeley city line to Deakin Sweet,and proceeding northerly along Deakin Street to Aslfoy Avenu--,and proceeding westerly along Ashby Avenue to Fulton St=t,and proceedin a norLherly along Fulton Street to Dwight Way,and proceeding westerly along Dwight Way to Sacm=nto Street,and proceeding,northerly along Sacrarnento.Street to Hearst Avenue,and proceeding westerly along Hems. AveWto Curtis Street,and proceeding northerly along Curds Street to Street,and Pmedmc westerly along Cedar Street to Cornell Avenue,and proceeding northerly alOftg Cornell Avenue to Santa Fe Avenue,and proceeding northerly along Santa F--Avenue W the Albany[Be&ejey city line,and proceeding easterly along the Albany/Betkeley city line to the,point of be&ning- All of that portion of Contra Costa County bounded and described as follows;Bem-nmng at the point of intersection of the El Ce-mmTmm.-M city/census designmed place line and the AlameWContra Costa county line,and pm=dm-easterly along the El CerritolKensIngton CAYIcemus designated place line to the Richmond/Kensington city/ceusus designmed place line,and proceeding southerly along the RichmondAKensington mtylcensus desigaamd place line to the Kens m.-ton census d=pmd place me,and proceeding easterly akm�_ the Kensington==designated place hm to the AlameWcontra Costa counry,line,and proceeding,westerly along the Alameda/Contra Costa county lime to the point of be-nning 2-50 ......... Fourth District All of that-portion of Alameda County bounded and described as follows:Beginning at the point of intersection of W.Macarthur Boulevard and Broadway,and proceeding easterly along W.Macarthur Boulevard to Moss Avenue,and proceeding easterly along Moss Avenue to Vernon Street,and proceeding northerly cion;Vernon Street to Santa Rosa Avenue,and proceeding southerly along Santa Rosirkvenue to Iean Street,and proceeding easterly along Jean Street to Grand Avenue,and proceeding northerly along Grand Avenue to the Piedmont/Oakland city line,and promeding easterly along the Piedmont/Oakland city line to L-einvert Boulevard,and proceeding easterly aloud Lzimert Boulevard to Leimert Plate,and proceeding-southerly along l eimert Place to Clemens Road,and proceeding easterly along Clemens Road to Waterhouse Road,and proceeding westerly along Waterhouse Road to Tiffin Road,and proceedmg southerly along 7-3ffin Road to Lincoln Avenue,and proceeding easterly along Lincain Avenue to Warren Freeway,and proceeding southerly along Warren Freeway to Mountam. Boulevard,and pmcw&nb southerly along Mountain Boulevard to Frontage Road,and proceeding southerly along Frontage Road to Mountain Boulevard,and proceeding easterly along Mountain Boulevard to Unnamed Special road C=—.17948287),and proceedun southerly along Unnamed Special road(TLID:17948287)to 1-580.and proceeding easterly along 1-580 to IObtri Avenue,and.pmceeding westerly along 106th Avenue to Foothill Boulevard,and Proceeding easterly along FootYu`l1 Boulevard to the San Leandro/Oakland city line,and procwding southerly along the San Leandr&Oakland city line to Nonvisible boundary(TI.IU:I1713761),and proceeding- westerly along Nonvisible boundary C=:11713761)to Nonvisible boundary(T M:I 1712781),and proceeding westerly along Nonvisible boundary C=:11712781)to Nonvisible boundary(TL1D:11712712),and proceeding westerly along Nonvisible boundary('=:l 1712712)to the San Leandro/Oaldmd city line,and proceeding westerly along the San Leandro/Oakland city line to Nonvisible boundary C=-10159402),and,proceeding southerly along Nonvisible boundary, C=10159402)to the San Leandro/Oakland city:brae,and proceeding westerly along tine San Leandro/Oakland city line to the Hayward/Oakland city line,and prooeeding southeriv along the Hayward/Oakland city line to the San Mateo/Alameda county line.and proceeding northerly along the San Mated/Alameda county line to the Sari Francisco/Alameda county line,and proceeding northerly along the San:-ancisco/Alameda county line to the Oakian&Alameda.city line.and proceedipa easterly alonz the Oakland/Alameda cin,line to Nonvisible boundan? l?`—T I :l i144_?};.ano taroceedir.2 northerly alone Nonvisible boundan,T :17744235 i to Nonvisibit boundan-(TLID:}7-;5A-A44;.ane T)rocetdiaa ea.stefjN,2dor_g Nonvnsib1t boundan, 17 0)to Alice.Street. and uroce--dire northt-Ov alone Alice.Street to l-S80.and aroceedine wesm iv alonh;-880-to Broadway. and proceedir_g northtTjv rlom!Broaawav m int noin:of`bt^innir_c. WWA ** •• 2-51 ......... ........................... ..._..__. . _......_. _... ......... ......... ......... .._.._._. .__. _.._ _ ......... ............................................................. _ Fifth District All of that portion of Alameda County bounded and described as follows:Bei nning at the point of intersection of the San Joaquin/Alameda county line and the Contra Costa/Alameda county line,and prodding southerly along the San Joaquin/Alameda.county line to the Stauislaus/Alamet a county line, and proceeding westerly along the Stanislaus/Aiameda county line to the Santa ClaralAlameda county line,`and proceeding westerly along the Sam CiaralAlameda county Zine to the Fremont city line,and proceeding westerly along the Fremont city line to the Fremont/S111101 city/census designated place line, and proceeding northerly along the Fremont/Sunoi ary/census designated place line to the Fremont city line,and proceeding westerly along the Fremont,city litre to Stony Brook,and proceeding northerly alon8 Stony Brook to the Union City city line,and proceeding northerly along the Union City city line to Stony Brook,and proceeding northerly along Stony Brook to East Stony Brook Branch,and proceeding easterly along East Stony Brook Branch to Palomares Road,and prong northerly along Palornares Road to Stony Brook N Branch,and preceeding northerly along Stony Broob'N Branch to Palomares Road,and proceeding westerly along Palotnares.Road to Unnamed Local road MM:12002428),and proceeding westerly along Unnamed Local.road('=:12002428)to Unnamed Local road(T'LID 12002422),and proceeding westerly along Unnamed Local toad(TLID:12002422)to Unnamed Local road CITJ D:12000251),and prodding westerly along Unnamed Local road('CL]I):I2000261).to Unnamed Local road MM:12000205),and proceeding westerly along Unnamed Local road(TI.ID:I2000205)to Unnaaned Local road(pL1I7:12000I78),and proceeding westerly along UnnamedLocal mad CrL]D:12000178)to Unnamed Local road M—ID:11999755),-and prodding westerly along Unnamed Local.mad(=:l 1999755)to the Union City city line,and proceeding westerly along the Union City city line to Cana Road,and proceeding southerly along Cana Road to Garin Avenue,and proceeding westerly alone,Garin Avenue to tine Hayward city line,and proceeding westerly along the Hayward city line to Groin Avenue,and proceeding westerly along Garin Avenue to Mission Boulevard,and proceeding northerly along Mission Boulevard to Mariners Cour,and proceeding westerly along Mariners Court to Ntission Boulevard,and proceeding northerly along Mission Boulevard to Tennyson Road,and preceeding westerly along Tennyson Road to Union Pacific Railroad,and proceeding northerly along Union Pacific Railroad to 3acltson S=L and proceeding northerly along-Jackson Street to Suva. Avenue,and proceeding soutneriv along Silva Avenue to Jacksor.Street,and proceeding northtfiy aior_g 3awKSOI Streer to Nonvisibie boundary%LIE,:!176;i8i;_ane proctedir'g nortirert1 along Vomjisibie oounaan,gLiC.i 17671 S7 s to Bay AreaRapid r;ansit RIZ. and rroceeairt_^_northerly along Bay Arca A Rabid Transit RR to Jackson: Street and proceeding nortneT atom Jackson, Streit to�Stree�anc proceeding nort<n'Ff�'c110^._ : Suet:LG'nd Su---t. and procet6j _^_northern aloPC :rld Stree:tr 1✓ Stree and rroceedir E! east°,r1--ainr--^_ L Stree:to 4m Siwe'-ant.rrocaed=ng nor=fiN,along 4ti: Suit:to ron:����iatiiScr.�tt^r Dear: ; 2-52 :: Fifth District Continued Street,and proceeding easterly along A Street to the Hayward/Castro Valley city/ceums designated place line,and proceeding westerly along the Hayward/Castro Valley city(census designated place line to the Cherryland/Castro Valley census designated place line,and proceeding westerly along the Cherryland/Castro Valley census designated plasms line to the Ashland/Castro Valley census designated placetline,and proceeding northerly along the Ashland/Castro Valley census designated place line to Unnamed Special road CII Il :13735496)>and"proceeding westerly along Unnamed Special road ('TI JD:11735496)to the Ashland/Cam Valley census designated place line,and proceeding westerly along the Ashland/Castro Valley census designated place lame to 150th Avenue,and proceeding northerly along 150th Avenue to Van,Avenue,and proceeding northerly along Van Avenue to Fence (MD:11739336),and proceeding uortherly along Fence(MD:I 1733336)to the San Lzandro/Castro Valley city/census designated place line,and proceeding northerly along the San Leandro/Castro Valley city/census designated place line to Fence MM:11739710),and pto=ding,easterly along Fence :11739710)to Fend:.(MD:11739744),and proceeding easterly along Fence CMD11739744)11739744) to Fence CILM:I 1739857),and proceeding northerly along Fence(TIS:13739$57)to Physical feature (ILID:1 and proceeding northerly along Physical feature(`TIM:11739870)to Nonvisible boundary(MD:11739820),and proceeding northerly alon6 Nonvisible boundary(MD:11739820)to the Oakland/Castro Valley caty/cerims designated places line,and proceeding northerly along she Oakland/Castro Valley city/census designated place Ime to the Castro Valley census designated place line,and proceeding,easterly along the Castro Valley census designated place line to Miller Read,and proceeding northerly aloes Miller Road to Ebmud,and proceeding northerly along Ebmud to Riley Ridge ` Road,and proceeding northerly along Riley Ridge Road to Miller Road,and proceeding northerly along Miller Road to the Contra Costa/Alameda county line,and proceeding easterly along the Contra Costa/Alameda county line to the point of beginning.. Al) of that portion of Contra Costa County bounded and descn`bed as follows:Beginning at the point of intersection of l-680 and El Cerro Boulevard,and proceedingeasterly along 1-680 to Diablo Road,and proceeding easterly along Diablo Road to Camino Tassajare-and proceeding:easterly along Camino Tassaia,-a to Bla.ckhawk Road.and proceeding northerly along Blackhwwr Road to the Blackhawk-Camino Tassaiara/Danuilie census designated rslace:hown line,and.proceeding mnerty aiorg rs v Biack aws:-Caminc:Tassaiafat" anvilie census designated p;aceirown lire to ti-.,t Blackhav;::-Carbine :'assaiara census desigmted r)laca lite. and proceeding eastmrly aiong tow Blact itavri:-C��stinr s assaiar� ct sue desinrated place lint m Camino Tassaiar and proceeding easm iv aionz Carninc:i assaia;.a to Bruce'Drive. and proceeding Bruce Drive to Streamfriver,'—rLL:1_944059�;_and 2-53 ............................... ................ ....................................................... ...........I............................................ rHifth District Continued proceedingsoutherly along Streamiriver(=:19440593)to Stream/liver C=:19440508),and proceeding southerly along,Strearnhiver(TLID:1 9440508)to Johnston Road,and proceeding easterly fly al southerly along Johnston Road toNonvisible bo=darYMM:19447724),and prOmedin." OU On. Nonvisible boundary MM:19447724)to Nonvisible boundary CrLID:19447284),and proceadin-c" southerly along Nonvisible boundary MMN :19447294)to onvimble boundary MM:19447269),and proceeding southerly along Nonvisible boundary ULM:19447269)to Nonvisibk boundary MM-19447032),and proceeding westerly along Nonvisible boundary CrLID:19447032)to Nonvisible boundary MM:19439900),and proceeding southerly along Norivisible boundary(=:194399M)to Nonvisible boundary gM-.19439893),and proceeding southerly along.Nonvisible,boundary M-M:19439893)to the Alameda/Cowra Costa county line,and proceeft'."wtstellY alOn""the AlaxneAWCOntra.Costa ClOunty lint to Rocky Ridge Road,and proceodinanortherlY along Rocky Ridge Road to the Alamo census designatad place line,and proceeding easterly along,the Alamo census designated place line to the Alarno/Danville census designated placeltowu lice,and proceeding northerly the Alarno/D along anville census designated piaceitown hne•to Jeep Trail,and ProceedInZO,easterly Alan;., Jeep Trail to Clipper Hill Road,and Proceeding easterly alOna,Clipper Hill Road to Kuss Road,and roceedina easterly along Fuss Road to B- p ,A&ord Place,and proceedw Z southerly along Bradford Place D.,Amigo p o Road to Danville Boulevard,and to Road,and proceeding w=1y along Del Amigo proceeding =1 El roceedineasterly along,Danville Boulevard to El Cerro-BOUIV�.and PrOceediu'-"easterly along Cerro Boulevard to the point Of beginning. 2-54 ............ ..................... Sixth District All of that portion of Alameda County hounded and described as follows:Beginning at the point of intersection of Palomares Road and Unnamed Local mad(=:120OM28),and proceeding easterly along Palomar-.s Road to Stony Brook NT Branch,and proceeding,southerly along Stony Brook`N Branch to Palomares Road,and proceeding,southerly along,Paiornares Road to East Stony Brook Branch,and proce?dine,westerly along,East Stony Brook-Branch to Stony Brook,and proceeding,southerly along Storey Brook to the union City city line,and proceeding easterly along the Union City city line to Storey Brook,and proceeding,southerly along,Slimy Brook m the Fremont city line,and proceeding easterly aloe a the Fremont ciry line to the SunollFremont census designated placelcity line,and proceeding southerly along the SuuoLTpmmont census designated place/city line to the Premont city line,and pmceediva southerly along the Fremont city line to the Santa Clara/Alarneda county line,and proceeding westerly along,the Santa Clara/Alameda county Zine to the Sart Mateo/Alarneda county line,and proceeding westerly along the San Mateo/A1eda county line to San Mateo Bridge,and proceeding easteriy along San Mateo Bridge to Unnamed Limited access road,(=:l16. 7740).and proceeding easterly along Unnamed Limited access road(nM;11637740)to Stara Highway 92,and proceeding easterly along State H gbway 92 to W_Jackson Street,and proceeding easterly along W.Jackson Street to Hesperian Boulevard,and proceeding,southerly alum Hesperian Boulevard to W.Tennyson Road,and proceeding easterly along,W.Tennyson Road to Temayson Road,and proceeding easterly along,Tennyson Road to Mission Boulevard.and proceeding,southerly along Mission.Boulevard to Mariners Court,and proceeding westerly along,Mariners Court to Mission Boulevard,and proceeding southerly along Nsission Boulevard to Garin Avenue,and proceeding easterly along,Garin Avenue to the Haywarul city line,and proceeding easterly along the Hayward city lute to Garin Avenue,and proceeding easterly along Garin Avenue to Cana Road,and proceeding easterly along,Cana Road to the Union City city line.and proceeding,northerly along the Union City city Bete to unnamed Local road(=:11999755).and proceeding easEe ly along,Unnamed Local road(TL3l?:l 1999755)to unnamed Local road (f'LJD:I200017$),and prose a ng easterly along,Unnamed Local road (T'LIE?:I2000178)to unnamed Local road(TLID:12000205),and proceedir_n easterly aiong Unnamed Local road (TLID:l2000205)to Unnamed Local road C=:12000261),and proceeding easterly along,Umizrrted Local road Cl` JD:1200G261)to Unnamed Local road f"l`LIL?:12002422,,and proceedinz eassteny morn Unnarned L-nca:road -M:' 242-21)to 7innamed Loral read CIMLt` :12002425;.and tsrocttdiir<c;a..sterit•alonc Unnamed Lzcai Toad 200242fi)to the point of be2jnnin - Elf)I C 2-55 ............................-........................ ..........................................I......I......................................................-.1......... .......................................... Seventh District All of that portion of Alameda County bounded and described as follows:Beginning,at the point of intersection of the Contra Costa/Alameda county lint and the San F=ciscO/Alameda county line,and proceeding easterly alone,the Contra Costa/Alameda county line to the Berimley/Albany city line,and proceeding southerly along the BerkeleylAlbany city line to Santa Fv,'Avenue,and Proceeding southerly alo4 Santa Ft Avenue to Cornell Avenue,and proceeding southerly along Comell Avenue to Cedar Street,and proceeding easterly alone,Cedar Street to Curds Street,and proceeding,southerly alons,Curtis Street to Hearst Avenue,and proceeding easterly along Hearst Avenue to Sam-AmentO Street,and proceeding southerly along Sacramento Street to Dwight Way,and proceedineasterly along Dwight 0 > 0g 0 Way to Pulton,Street,and proceeding southerly along Pulton Street to Ashby Avenue,and proceeding easterly along Ashby Avenue to Deakin Street,and proceeding,southerly along Deakin S=t.to the Berkeley/Oakland city line,and proceeding easterly along the Berkeley/Oakland city line to Telegraph Avenue,and proceeding;southerly along Tekgmph Avenue to State Jbghway'24,and procead3ng westerly along State Highway 24 to 52nd Street,and proceediAg easterly along 52nd Street to Telegraph Avenue,and proceeding southerly along Telegraph Avenue to 51st Street,and pmceeding easterly along 51st Street to Broadway,and'proceeffing southerly along Broadway to I-M,and proceeding easterly along 1-880 to Alice Street,and proceeding southerly along Alice,Street to Norivisible boundary (=:17754440),and proceeding westerly along Nonvisible boundary(=-17754440)to Nonvisible boundary('MD-17744235),and proceeding southerly along*-N-onvisible boundary(TMA7744215)to the Alameda/Oakland city line.and proceeding westerly aloug,the AlamedalOakland city line to the San F7ancisco/Alameda,county line,and proceeding norftdy along the San Fmcisco/Alameda county line to the point of beginning Ajl of that pornou of Contra Costa County bounded and described as follows:Besdun�-at the point of mtersection of the Pinole/Ricbmand city line and the Richmond chy line,and proceeding-easterly along the Pinole/Richmond city at to d2z Bayview-MontalviryfRichmond census designated plajoelciry line,and proceeding southerly along the Bayview-Moutalvin/Richmond census designated PlacticitY line to the Tara Hills/Richmond census de-sismated placeicity line,and proceeding southerly along the Tara Hills/Pdchmond census desisnated place/city fine to the Pinoie/Ricbmond city line, and prom—eding tastefiv mond tht Pinoit/PUchmon6 city linetotht El SobranL-JRichm d census deli mate placeici n'- iine.and proceeding easterly along the Y; Sobrantt/PU-6hmon6 census dtsignatt-6 Dla=ltitY lint 10 tut 'p-InciefRichmon6 cite line.. and M)ceedir.c. eaqcriv alone,the Firioje/Racnrnono ding line to the Sob7anle/Fichmond census dtsigrnattd Diacticm lint-and Droceedingsout.ntriv a torc the=1 Sob-,-a-Ta--/-Rdc:nmc)n6 census dtsi--nattd pia eicity line to the Richmond city lire.and t)ro=dim--- 2-56 ............................. .................................... Seventh District Continued along the Richmond city line to the El Sobrante census designated place line,and proceeding westerly along the El Sobrante census designated place line to the Richmond city line,and proceeding southerly along the Richmond city line to the Kensington/Richmond census designated place/city line,and proceeding southerly along the KensingtonfRichmoad census designated plat eicity line to the Kengington/El Cerrito census designated placekity line,-and proceeding westerly along the Kensington/El Cerrito census designated place/city line to the Ah-uneda/Contra Costa county line,and proceeding westerly along the Alameda/Contra Costa county line to the San Braneisco/Contra Costa county line,and proceeding northerly along the San Francisco/Contra Costa county line to the Mann/Contra Costa county line,and proceeding northerly along the Marin/Contra Costa county line to Nonvisible boundary ('=:17605197),and proceeding easterly along Nonvisible boundary(T LID:17605197)to the Richmond city line,and proceeding northerly along the Richmond city line to the.point of beginning. All of that portion of San Francisco County bounded and described as follows:Beginning at the point of intersection of the Contra CostalSan Francisco county line and the Ma n]San Francisco county line,and proceeding easterly along the Contra CostalSan Francisco county.line to the AL-zne la/San Francisco county line,and proceeding southerly along the Alameda/Sari Francisco county line to the San Mateo/San Francisco county line,and proceeding westerly along the San Mateo/San Francisco county tine to Carter SttevL and proceeding northerly along Carter Street to Geneva Avenue,and proceeding westerly along Geneva Avenue to Nonvisible boundary(=-9502547),and proceeding northerly along Nonvisible boundary MM-9502547)to La Grande Avenue,and pmc eedin uonherly along La Grande Avenue to Dublin Street,and proceeding easterly along Dublin Street to La Grande Avenue,and proceeding northerly along La Grande Avenue to Nonvisible boundary(=.9518782),and proceeding northerly along Nonvisible boundary(TLID:9518782)to Nonvisible boundary C=-9519798),and proceeding northerly along Nonvisible boundary{TLJI7:9519798)to Burrows Street,and prong easterly along Burrows Street to Harvard Street;and proceeding southerly along Harvard Street to Bacon Street and Proceeding Westerly along Bacon Street to Lyford Street,and proceeding-southerly along Oxford Street to Wayland Street:,and proceeding easterly along Wayland Street to Cambridge Street, and proceedina southerly atom Cambridge- Street to Nonvisible boundary(TLM:998'?762)_ and proceeding ersterir.alar_;homy sidle bounda_tti ('l"._.li 9982 762)to'V ale Street and t)roceedint_'northt iv atom: ti ale Street w Wa'4'lanT Street.and Drocettdinri els tTit'along VVaVland- Su=to Jni%,en:ry S L2—w 3T2C rsroceetiinr soutngriv aloT4: University Sheet to JviansdL' Street and proceeding- easn::rh- aionc Mansel' Street to hamilton Stree--and,proceedinrr soufreri",alone hamilton Street to Deity Street_ and nroceedinc x nonntrlt`ajoP2 Dtha Swett tc`Ankeny Strut and -orocetCtI7'_^_ a3o c A,Suit Street to'Vo and 2-57 ....................................-.............. .................................................................................... .............................................. Seventh District Continued Street,and Proceeding easterly al6ne.Ward Street to San Bruno Avenue,and proceeding southerly cion; 'Union Pacific Railroad,and proce-edinnortherly along Union Pacific Railroad to San Bruno Avenue to 0 . Bay Shore Boulevard,and proceeding northerly along Bay Shore Boulevard to Cesar Chavez Street and C, proceeliing easterly along Cesar Chavez Streetto V eTmOut Street,and proceeding northerly along Vermbut Street to 26th Street,and proceeding easm-fly along 26th Street to Kansas Street,and proceeding northerly along Kansas Sneer to 17th Sweet,and pro=dinc,,westerly along 17th Street to Vermont Street, and proceeding northerly along Vermont Street to Division Street,and procw4ingrr I westerly along Division Street to 9th StreeL and proceeding-northerly along 9th Street to Brannan Street,and proceeding southerly along Brannan Street-to Division Street,and proewdin,I westerly along Division Street to 10th Street.and proceeding northerly along ift Street to Bryant Street,and proceeding southerly along Bryant S=t to 11th Street,and proceeding westerly along 11th Street to Harrison Strwt and proceeding northerly along Harrison Street to 3rd Street,and proceeding westerly alouc;3rd Street to Market Street, and proceeding easterly along Marltet Street to Smuan Street,and proceeding easterly along Steuart,Street to Mission Street,and proceeding easterly along Mission Suter to Nonvisibie boundary. C=:17:543193),and proceeding easterly along NonvisibIt boundary C=:17543193)to NonViSible boundary CrLID:17543645),and proceeding northerly along Nonvisible boundary Cf1.ID:17543645)to Nonvisible,boundary 0:17543651),and proceeding nonheriy along Nonvisible boundary C1 LID:1 7543651)to Nonvisible boundary(TLID:17.545913),and proceeding northerly along Nonvisible boundary(rLM:17.545913)to Nonvisible boundary(JIM:17545907),and Proceeding northerly along Nonvisible boundary CnM:17545907)to Nonvisible boundary(JIM:17532759),and proceeding westerly along Nonvisible boundary(rLJI7:17532759)to Nonvisible boundary(rLIID:17527674),and proceeding westerly along Nonvisible boundary(rLJD-17527674)to Nonvisfble botrudary C=:17106605),and pToceeffing westerly-along,Nonvisiblee boundary CrLID:17106605)to Nonvisible boundary('I'1ID-17104352),and proceeding westedy along Nonvisible boimdary MM:1710.435-7)to Nonvisible boundary C=-17093875),and proceeding westerly along Nonvisible boundary C=:17093875)to Nonvisible'ooundarvrr-JD:17118029)1-and proceeding-northerly along Nonvisible eAj easm aior the boundary nLM:17118029)to the Viarin/SanFrancisco county li=and proce n-S 111Y -S Wlarir.'Sn Fmcisco cOuntYhn--TO the-POin-L of b'--c-":'T" 2-58 .............................. ............................................. Eighth District All of that portion of San Francisco County bounded and described as follows: 1.All of the region bounded by the county line.2.As well as beginning at the paint of intersection of Nonvisible boundary(TLTD:17118029)and the Ma,r:&San Francisco county line,and proceeding southerly along Nonvisible boundary(TLID:17118029)to Nonvisible boundary C=:17093875),and proceeding easterly along Nonvisible boundary C=:17093875)to Nonvisible boundary CTLSI7:17104352),and proceeding easterly along Nonvisible boundary(=:17104352)to Nonvisible boundary (TL.ID:17106605),and proceeding easterly along Nonvisible boundary CIZ3F1:17106605)to Nonvisible 'boundary(TLID:17527674),and prod easterly along Nonvisible boundary CTLB7:1752"7674)to Nonvisible boundary C=:17532759),and proceeding easterly along Nonvisible boundary CTLID:17532759)to Nonvisible boundary CI'I.3D:17545907),and proceeding southerly along Nonvisible boundary('IMA7545907)to Nonvisible boundary CTL.I.U:17545913),and proceeding southerly along Nonvisible boundary MM:17545913)to Nonvisible boundary CTLlI3:17543651),and proceeding southerly along Nonvisible boundary CT'L1U:17543651)to Nonvisible boundary CT M:17543645),and proceeding southerly along Nonvisible boundary(I'L.ID:17543645)to Nonvisible boundary CTLID:17543193),and proceeding westerly aloe;Nonvisible boundary('I'I.IU:17543193)to Mission Street,and proceeding westerly along Mission Street to Steuart Street,and proceeding westerly along Steuart Street to Market Street,and proceeding westerly along Market Street to Cable Car Turnaround, and proceeding northerly along Cable Car Turnaround to Powell Street,and proceeding northerly along Powell Street to Bush Street,and proceeding easterly along Bush Street to Stoclaon Street,and proceeding,northerly along Stockwn Street to California Street,and proceeding westerly along California Street to Powell Street,and proceeding northerly along Powell Street to Washington Street,and proceeding westerly along Wastungton Street to Leavenworth Street,and proceeding northerly alons Leavenworth Street to Broadway Street,and proceeding westerly along Broadway Street to Van Ness Avenue,and proceeding southerly along Van Ness Avenue to California Street_and pmceedinb westerly alons Califomia Street to Baker Street,and proceeding southerly along Baker Street to St 3osephs Avenue,and proceeding easterly along St 3osephs Avenue to Turk Boulevard,and promeding westerly along Turk Boulevard to Masonic Avenue,and proceeding southeris along Masonic Avenue to Fulton Street_ane proceeciinrr westerly alors Fulton Street to Pari.Presidio Boulevard.and proce dir_,westerly alone-Par;:Presidio Bouietard to 19th Avenin.and pro~ceedirg southerly alom 19th Avenue tc Crossover Drive. and proceeding southeriv aloin:Crossovtr Drive.io 19th Avenue.and i)mceedira soul neriv along 19-th Avenue to IKirkham Street and proceec ir:R ezueny along Kirkham Srmm..to.its Avenue.anc r)rnce-ding soutrmzi;'alone ire Avenge.to 1-a.guna I uncia Boulevard., and t5r{)=dinc soul neriv aloe.£ 2 T2ri2 iyf`rtdL Boulevard td.+Woodsidt vtnut.ant. nmctedinc va5terly aiont Woodside Avenuer to 2-59 ''I'll'-,.................................................................... ............................................................... .......... ................................................... F-ighth DistriDistrictsct Continued -C7 0shaughnessy Boulevard,and proceeding southerly along bsbaughnem Boulevard to Malta Drive,and pmceediI4 westerly along Malta Drive to Stilling Avenue,and proceeding easteriY alOnza.Sfflliu�gs Avenue to Martha Avenue,and proceeding easterly along;Martha Avenue to Baden Suet,and proqediRg,southerly along Baden Street to 1-280,and proceeding westerly along 1-280 to Ocean Avenue, andiproceedin-easterly alongOcean Avenue to Mission Sam,and proceeding,southerly along Mission Street to Amazon Avenue,and proceedivag easterly along,Amazon Avenue to Naples Sweet,and a Munich Street proceeding tree southerly along Naples Street to Munich Street,and proceeding easterly alon, to Drake Street,and proceeding southerly aJcmv,D131m Street to the San Mateo/San F;tancsco county lin. and proceeding westerly alon,-,the San Mateo/S=Francisco county line to the, county line,and proceeding northerly alow the county line to the Mann/San prmcisco county line,and proceeding easterly along the Marin/San R-ancisco county line to the point of be 2-60 ....................................................... ........ — Ninth District All of that portion of San Francisco County bounded and described as follows:Beg nnin�at the point of intersection of Leavenworth Street and Broadway Street,and proceeding southerly along Leavenworth Street to Washington Street,and proceeding easterly along Washington Suet to Powell Street,and proceeding southerly along Powell Street to California Street,and proceeding easterly along California Street to Stockton Street,and proceeding southerly aloha Stockton Street to Bush Stmt,and proceeding westerly along Bush Street to Powell Street,and proceeding southerly along Powell Street to Cable Car Turnaround,and,proceeding southerly alone,Cable Car Turnaround to Market,Sr=t,and proceeding northerly along Market Street to 3rd Street,and proceeding easterly along 3rd Street to Harrison Street,and proceeding westerly along Harrison Street to I Ith Street,and proceeding easterly along I Ith Street to Bryant Street,and proceeding northerly along Bryant Street to I£1th Street and proceeding,easterly along 10th Street to Division Street,and proceeding easterly alone Division Street to Brannan Street,and proceeding easterly alone Brannan Street to 9th Street,and proceeding southerly alone 9th Street to Division Street,and proceeding easterly along Division Street to Vermont Street.and proceeding southerly allot-Vermont Street to 17th Street,and proceeding easterly along 17th Street to Kansas Street,and proceeding southerly along Kansas Street to 26th Street,and proceedirs-westerly along 26th Street to Vermont Street,and proceeding southerly alone Vermont Sonet to Cesar Chavez Street and proceeding westerly along Cesar Chavez Street to Bay Shore Boulevard,and proceeding southerly along Bay Shore Boulevard to Limon Pacific Railroad,and proceeding southerly along Union Pacific Railroad to San Bruno Avenue,and proceeding northerly alone San Bruno Avenue to Ward Street,and proceeding,westerly along Ward Street to Ankeny Street,and proceeding northerly along Ankeny Street to Delta Street,and proceeding southerly along Delta Street to Hamilton.Sweet,and proceeding northerly along Hamilton Street to Mansell Street,and proceeding westerly along Mansen Street to University Street,and proceeding northerly along University Street to Wayland Strut,and proceeding westerly along Wayland Street to Yale Street,and proceeding southerly along Yale Street to Nonvisible boundary C=-9982762),and pmdeeding westerly along Nonvisible boundary (7-M-9982762)to Cambridge Street.and proceeding nortrierly along Cambridge Street to Wayland Street_and proceeding westeriv along Wavland Street to Oxford Street,and proceeding nordterly along Oxford Street to Bacon Street.and proceeding westeny along Bacon.Street to Harvard Street.and orocted inz northerly alone Harvard Stree:to Burrows Str--e--and DroCeCair!=x'estrriy atone Burrow'; Street tr. Nonvisibie boundary-q-;-JD a515?98),and proceedinc southt iv aior_t-Nonvisibit ooundar� i X799)to Nonvisioie boundarL (T';-M:95I 97f 2), and proceediir__^_southeriv aior_g Nonvisiaie boundan 7FLID:95'S7 E2)to La Grande Avenue, and. pmtµdire southeriv ainna La Grande Avenue to Dubin. Stree-- and-Drocetdinr we,ter y aionr Dublin Street to i2 G-nande Avenue- and tnoceedit,_ 2.6, ........... .......I....................................................................................... ..........................................................11......... Ninth District Continued southerly ajoTja La Grande Avenue to Nonvisible boundary MM:9502547),and PrOceedin."southerly along Nonvisible boundary M.ID:9502547)to Geneva Avenue,and proceeding easterly along Geneva Avenue to Carter Street,and Proceeding southerly al0na Carter Street to the SanMateofSan FmciscD —an= , county line,and proceeding westerly al=�: the San M=&San F' co county line to Drake Streetand proceeding northerly along Drake Street to Munich Street,and proceeding westerly along Munich Street g to Naples Street,and proceeding northerly along Naples Street to Amazon Avenue,and pro=ding; westerly along Amazon Avenue to Mission Street,and proceeding northerly along MISSIOU Street to Ocean Avenue,and proceeding westerly alon-.Ocean Avenue to 1-290,and proceeding northerly'along I- 280 to Badet Street,and proceeding northerly alone,Baden Sam to Martha Avenue,and proceeding westerly along Martha Avenue to SWEngs Avenue,and proceeding,westerly along StMings Avenue to Malta Drive,and proceeding northerly along Malta Drive to 0shaughnessy Boulevard,and proceedmg, alone.,0shaughnessy Boulevard to Avenue,and proceeding westerly alone,Woodside. northerly D Avenue to Laguna Honda Boulevard,and proceeding northerly along Lagum Honda Boulevard to 7th Avenue,and proceeding northerly along 7th Avenue to Kixkharn Street,and proceeding we=AY al0n.- Kam Street to 19th Avenue,and proceeding northerly alma,19th Avenue to Crossover Drive,and Proceeding northerly along Crossover Drive to 19th Avenue,and procwxhug northerly along 19th Avenue to Park Presidio Boulevard�and procee4ing easterly along Pail-Presidic,Boulevard to pulton Sueet,and proceeding easterly along FUIE011 Sant to Masonic Avenue,and pmceeding northerly along Masonic easterly along Turk Boulevard to St Josephs Avenue,and Avenue to Turk Boulevard,and proceeding an cn� proceeding northerly along St Josephs Avenue to Baker S=t,and proceeding northarly a1mg Baker Suv--t to California Street-and proceeding easterly along California Street to Vart Ness Avenue,and proceeding northerly along Van Ness Avenue to Broadway Street and proceeding easterlYalou." Bmadway S=t to the point of beginning. 2-62 ........... District 01 consists of: Pardal counties in aisaict 01 Whole tracts in Contra Cz sra County 3230.00,3240.00.32 50.00,3260.00,3270.00,328{3.00,3290.00,3300.00,33111.00,.x.720 Q0,3331.00, 3332-00,.3340.01,3340.03,3340.04,3340.05,3350.00,3351.01,336(02,3362.00,3371.00,3372.00, 33 73.00,3381.04,3382..01,3382.02,3383.01.3383.02-3390.00,3400.01,3400.02,3410.00,3420.00; t# 3430.01,3430.02,3430.03,3440.00,345101,3461.02,3462.01,3480.00,3490.00,3500.00,3511.00, 351200,3521.01,3521.02,352201,3522.02.3530.01_.3530.02,35401.01,3540.02,355.3.01,3553.02, 3553.03.3553.05 3132.02 Cm=blocks:3020,3021 3150.00 Ceatsstis blocks:1023. 1036,1031,1038, 1039, 1040,1044, 1045,1046,1047,1048,1049, 1050, 1051,1052 1053 3211.02 Census blocks:1000, 1001,1002), 1003, 1004, 1005,1006, 1007, 1008,1009,1010,1013, 1014 3213.03 Census blocks:3007,3008,4004,4005 3212.00 Census blocks:1000,1001,1002,1003,1004,1005,1006, 1007,1008,1009,1010,1011, 1012, 2013,1014,11325, 1016,1017,1018,,1019,1020,1021,2000,2001,2002,20303,7.004,2005, 2005,2007,2008,2009,2010,2011,2012,2013,2€114,20131'2016,2017,2018,2019,2020, 2021,2022,2023,2024,2025,2026,2027,202$,2029,2030,2031 3220.00 Census blocks:1000,1001,1002,1003,1004:1005,1006,1007,2000.2001,2002,2003,2004, 2005.2006,2007,2008,2009;2010,201 L 3000,3001,3403,3003,3004,3005,3006,3007, 3008,3009,3010,3011,4000,4001,4007..400s,4004,4005,4006,4007,4009,4009,'4010, 4011,401') 4013,4014,4015,4016,4017,4018,4019,4020,4021,407?,40-1314024,4025, 4026,4027,402,9,4(r-9,4030t 4031,4034 3452,01 Census blocks:1000.1001.1002.1003.14304.14105. 1006. 1007,1008,1009,1010,1011.1012. 1013, 1014, 1015.20M 20DI.2002.2003,2004,20()5r M.200-L 2008,2009.2010,2011,2012, 201-.2014.2015,2016.2017.3001.3002.5000,5001.5002,5003,5004,5005,5005.54307, 5008.5009.501 O,5011,5012.5013,501.4.5015,5015,SUI;.5018,5019,5020,5021.50'_3, 5026-50277.5028 WWI 2-63 .......................................................................... ................................................................I.,....... District 01 consists of:(continued) .3462.02 - 2006,20077, Census blocks: 1001,1002,1003,1004,1008, 1026.2000,2001,200') 2003,20()4,2005- 2009,2009,2010,2011.2012,2013,2014.2015,2016,2017,2018-2019,2020t 2021,2022, 2023,2024,2025,2026,2027,2028,2029,203,0,203112032,2033,3000,3001,3002,3003, 3004,3005.3006,3007,3009,3009 3470.00 Census blocks: 1000,1001,1002,1003t 100-4. 1005,1006,1007 ,1008,1009,1010,1011,101) 101-:11 1. 1014,1015,1016, 1017,1018,1019,1020, 1021,1022,1023,1024,1025,1026, 1027,1028, 1029,1030,1031,1032,1033,1034,1035,1036,1037,1038,1039,2002,2003,2004,2006, 2007,2008,2009,2010,2011,20122 2013,2014,2015,2016,20171 2019 3551.04 2007 2008,2009,2010, Census blocks: 1000,1001,1002,2000,2001,2002,2003,2004,2005,2006, 2011,2012,2013,2014,2015,3000,3001,3002 3003,3004,3005,3006,3007,3008,3009, 3010,3011,3012,3013,3414,-1015,3016,3017 3018,3019,30=.3023,3024,3025,3026, 3027.3029.3029,3030,3031,3032),3033,3034,3035,3036,3037'3038'4024,4025'X3026, 4027,4028,4029,4030,4031,403--) 4033,4(334,4035,4036,4037,4039,4039,4040,4041, 4042,4043,4044,4045,404&,4049,4050,4051,4052.4076,4077,4079,4095,4096,4097 3551-06 Census blocks-2046 3552.001 Census blocks: 1025,1026,1027,1030, 1031,1032.1033,1034,1035,1036,1037 3553.04 Cmasus blocks:1004,1005,1006,1007, 1008,1009.1010,1011, 1012,1013,1:014,1015,1016, 1017,1018,1019,1020,1021,1022,1023,1024 1025,1026,1027,1028.1029,1030,1031, 2000,2001,2002,2003,2004,2005,2006,2007,200g,3000,3001,3002- 3(3133,3004.3005, 3006,3007,3009,30L19,3010.3 Ol 1.3012,3013,3014.3015,3016,3017,3018.3019 3:560.02 Census blocks:1007,1030,2001,2002.20C)3t2OO4,200SI2006,2007,2008 2009,201012011 2012,2013,2018,2019,2020,2021:2022 2023,2032,2034,2035,2036,2037,2038,2039, 2040,2041,2W-2043,2044,2045t 20446,204712049,2049,2050,2051,20P-2053,2058, 2059,2060,2061.2061 2063,20K 2065,2,066,2067,2368,2069,2070'20'71.2072,2073, 2074,2075,2077,2091,2082,2994.2995.2996,2997,2998,2999 3592.02 Census blocks:2000,2021 3610.00 Cemsm b1ccla: 2030-2011.2013 proj3ose6 Rtdismznr 2-64 ..............xx-.............. ............... District 02 consists of: Partial counties in district OZ Contra Costa Whole tracts m Contra Gosra County 3010.00,3020.02 3020.03.3020-04.3031.00,303200,3040.00,3050,00,3061?01>3460.02, 3071.01,3071.02,3072.01.307?02 3072.04,307105,3080-01,3090.02,3090.00,3100.00, 31 MOD,3120.00,3131.01,3131.112,3131.03,3132-01,3141.02,3141.03.3141.04,3142.00, 3160.00,3170.00,3180.00,3190.00,32013 41,3200.02 3211.01,3551.01'..3560.01,3570.00, 3590.00 3591.01,3592-03,3592.04,3640.01,3640.02 Pard tracts m Gomm Costa Conary 3132.02 Census blocks. 1000,1001;1002,1003, 1104,1005,1006,1007,1008, 1009,1010,1011,1012, 1013,1014,1015,1016,1017, 1018, 1019,1020,1021, 1422,1023,1024,1025,2000,2001, 2002,2003,2004,2005,2006-2007,2009,3000,3001,3002,3005,3004,300'5,3006,3(307,. 3008,'3009,3010,3011,301Z 31313,3414,3015,3016,3017,3018,31719,4000,4001,41X32 4003,4004,4005,4006,5€X10,5001,5002,5003,5014,5005,5006,5047,513118,SOD9,5010, 5011,5012 3150.00 Ceusm bloclts: 1000,1001,1002, 1003,1004, 100---,1006' 1007. 1008,1009, 1010,1011,2022, 1013,1014,1015,1016,1017,1019, 1019, 1020,1021,102Z 1024,1025,1026,1027, 1428, 1024,1030,1031,1032,1033.1034.1035,2041,1042,1045,1054,1055, 1991,1992 1993, 1994,1995,2996,1991,19'98,1999,2000,2001,2£X32,2003,2044,2005,2006,2007,2008, 2049,2010,2011,2012 2015,24714,2015.2015,2017,2018 5211.02 C--nm blocks:1011,1012,2000,2001,2402,2()03,20K 2005,2006,2007,2008,2009,2010, 2011,300€1,3001,3002,3003,3004,3005,3006,3007,3408,3009,3014,3011,3012,3013, 3014,3015,3016.3017,3418,3019,3020,3021,3022,3023,3024,4000,4003,4402,4003, 4004,4005,4006,4007,4008,4009.4010,4011,4012 4013,4014,4015,4016,4017 3211.01 Cemsus blocks:1000,1001,1C>132,1UO3,1004,140s,100fi.1007,loot, 1009, 1010,1011, loo-') 11113,1014,»21100.2001.2002,2003,2oD4,"2ooS.20€36,2407,2005,2009,211]0,2011,2012, 201:3,2014.2015,2015,202 7,201&,2429,2021).2421,3000.3001,3042,3003,3004,3005, 300+5,3009,3010,3421,3012„40(}(3,4001,400'?,4003,40M.4007,400$;4£149,4010,4011, 4012.4013 3212.00 Census blades: 10'x*) 102.3. 1024 .3220.00 --mus ajock.s:4032.4033 3470.11(; _ +:ensus biocks:Mu.2001.2307 _ ?551.(14 Cense.Diodes:41(10.40(01.400:,40()3.4004.4005.4006.4007.4008.4009.4010.4011,4012. 401---,4014,401�5.401f_401?.4015.4015.4020,41321.401-L402x_4046.4(147,40fiEi,4016:. 4(}�2.406---_401 4.4065.4066, 4067.4}69.4(176,.4071.4(17_ �W � � 2_65 _...... .. __ ...... ......... .... ...... .. _ ... .. __..... ......... ......... ......... ......... ......... _....... __ _ .... _... ......_.._..... . District 02 consists of:(continued) 3551.06 Census Mocks: 1000,1001, 1002, 1003,1004.1005,1006. 1007,1008, 1009,1010,1011, 1012 1013, 1014,1015, 1016,2000,2001,2002,2003,2004,2005,2006,2007,2008,2009,2010, 2011,2012,2013,2014,2015,2016.2017,2018,2019,2020,2021,2022,2023,20241 2025, 2026,2027,2028,2029,2030,2031,2032,2033,2034,2035,2036,2037,2038,2039-2040, 2041,2042 2043,2()44,2045,2447,2048,2049,2050,2051,2052,2053,2054;2055,2056, 1 2057,2058,2059,2060,2061,2062,2053,20&,2065,2066,2067,2068,2069;2070,2071, 1 2072,2073,2074,2075,2076,2077,2078,2079,2480,2081,20a 2083,2084,2085,2086, 2087,2088,2089,2090,2091,2092,3000,3001,3002,3003,3004,3005,3006,3007,3008, 3009,3010,3011,3012,3013,3014,3015,3016,3017,3999 3552.00 Census blocks: 1000,1001, 1002,1003,1004,1005,1006,1007,1008,1009, 1010,1011,1012, 1013,1014,1015,1016,1017,1019,1019,1020.1021, 102-2 ,1023,102x4,1028,1029 3553.04 Census blocks:1000?1001, 1002,1003 3560.02 Census blocks:1000, 1001, 1002,1003,10041,1005,1006,1008,IOD9, 1010.1011,1012, 1013, 1014,1015,1016, 1017, 1019, 1019,1020t 10*21,1022,1023, 1024,1025,1026, 1027,1028, 1029,2000,2014,2025,2016,2017,2024.2025.2426,2027,2028,2029.2030,2031,2033 3591.01 Census blocks:1000,I001, 1002,1003,JON,1005,1006,1007,1008, 1009;1010,1011, 1012, 1013,1014,1015, 1016,1017,1018,1019,1020,1021-1022. 1023,1024,1025: 1026, 1027, 1028, 1029,1030,'1031,1032, 1033,1034, 1035,1036,1037,1038,1039,1040,1041; 1042, 1043,1044,1997,1998,1999,2000,2001,2002 2003,2004,2005,2006,2007,2008,2009, 2010,2011,2022,2013,201.4,2013,2016,2017.3000,3001,3002,3003,3004,3005,3006, 3007,3008,30139,3010,3011,3012,3013,3014,3015,3016,3017,3018,3019.3020,3021, 4000.4001t 4002,4003,4004,4005,40)06,4007,4008,4009,4010,4011,4012,4013,4014, 4015,4999 3592.02 Census blocks:IWO, 1001,10021003,1004,1005,1006, 1007,10038,1009,1010,101 L 1012, 1013,1014,11115.1015,101'7,1018,2019,1020,1021,10221023, 1024,2001,2002,2003, 2004,2005,2006,2007,20108,2009,2010,2011,2012°2013,2014,2015,2016,2017.2018, 2019,20M,2022-3000.3001,W,,3003,3004,3005;4000.4001,4002,4003,4004,4005, 4006,4001,4008,4009,4010,4011,4012,4013,4014 3601.00 Census blocks: 1000, 1001,3000.3001,300..3029-3030.3031.3032-3033,3034,3035,3036, 303?.3038.3039.3W.3041,3042,3043,3044 3602.00 C:enw,blocks: 1001:.101{:.2005.2006.2{}OO-_2030.2011.3002.3003.300^.3005 - ensusbsocics 1f1O1. 10(12 1()0}3. 3t#}=. 10{15. l0t)c. 300 1f1Ei . ?(lt)9, lt)10.2032.%GW -2%= 203=-203-5.203-,2113",2031;_2{239.2{140 300.00 (-=wc b ocKs: 1000. 1001. 1001 1003. ION.1005. 1006. 1010:. 1001L 1009. 1010. 1011. 1"--- 3{11 10' 2000. 200'.2002.2003.2N41.200-5.3{)C)f?.300-3002.3( ) 3(H4. 3#11{ -r-nr��s�t�1i�uisu;ctir.�?'tzr 2-66 ............:.::...:::::.;;...,;,.,.,,,,,,.>:.>:-;.>;:;.,;:::::::::::::::::..... .....:.a;:.....:..::,;....:............. District 02 consists of.(continued) 3650.01 Census blocks: 1998 3690.02 Census blocks:1004 �f R �rrr�5�c i:�ctsc;�tm^_�izr L Ewhicapw 2-67 District 03 consists of: Partial counties in district 03 Alameda Whole tracts in Alameda County 4001.00,4002.00,4003.00,4004.00.4()41.00,4c)42.00,4043.00,4044-00,4()45-01,4045.02, 4046.00,4047.00,4090-00,4()81:00,4099.00,4100.00,4211.00,4212.00,4213.00,4214.00, 4215.00.4216.00,4217.00,4218.00,4223.00,4224.00,4225.00,4226.40,4227:00,4228.00, 4229.00,4230-00,4236.M 4236.02,4737.00,423$.00,4239.02.4261.00,4262.00,4321.00, 4322.00,4323-00,4324-00,4325-00,4326.00,4327.00,4330.00,4331.01,4331.02,433200, 4333.00,4334.00,4335.00,4336.00,4337.00,4338.00,4339.00,4340.00,4354.00,4355.00, 4356.00,4357.00,4358.00,4359. 00.4360.00,4361.00,4362.00,4363.00,4367.00,4368.00, 4369.00,4370:40,4372.00,4373.00,4374.00,4375.00,4376.00,4377.00 Partial tracts m Alameda County 4039.04 Census blocks: 1000,10()2,1003, 1004 4040.00 Census blocks: 1000,1001,1002- 1403,1008,1049,2000,2001,2002,2003,2004,2005,2006, 2007.2008.2009 4090.00 Censas blocks:4033 4092.00 Census blocks: 1000 4101.00 C esus blocks:2018,2019 410?.00 Census blocks:3000 4219.00 Ceases blocks:IOW,1001,10!02,1003,1004,1005,2006,1007,1008.1009,1010,1011,1012, 1013,1014.2000,2001.2002,2003t 2004,2005,2006;2007,2008,2009,2010.2011,2012, 2013,2017,2019,2019.3000,3001.3002,3003,3004 4222.00 Censetsblocks:1000,1001.1402,1003,1004,1005,1010-1011,1012,1013, 1014,1015,1016, 1017,1018,1019,2000,2001,2002,2003.2004.3000.3003.3004 4301.00 Certsus,blocks: 1001.1002,1003- 1004.1005.1006,100-7. 3008, 1()()9-1010.1011'1012, 1014. 1015. 1016.1017.101S, 1019,1020.1021, 107^. 1033.1999. 1999 L;fh.f)f} trsu,�bircks:2001:20(1-2.?997.'_99`: Censusbiocks:20i'_'_2013.20?4.20,5.201e.3011 301� a T, 2-68 District 03 consists of:(continued) 4328.00 Census blocks: 1000, 1001,1004, 1003.1004,1005.1006, 1007,1008, 1009,1010, 1011,1012, 3013,1034,2000,2001,2002,2003.2004,20W,2005,200'7,2008,2009.2010,2011.2012, 2013,2014,2015,2015,2017,3000,3001,3002,3003;3004,3005,3006,3007,3008,3009, 3010.3011,3012,3013,4002,4003,4004,4005,4005,4007,4011,4012,4013 4355.01 9 Census blocks:2000 4365.02 Census blocks: 1000,1001, 1002,1003. 1004,ID05,1006 4371.00 Census blocks.1000,1001, 1002,1003. 1004, 1005,10M 1007,1008, 1009-1010,1011,1012, 1013,1014, 1015,1016.101-7,1018,1019,1020,1021,1022,1023,1024.1025,1026,1027, 1028,1029,1030,1031, 1032,1033,1034,1035,11136,1037,1038, 1039,10340,1041, 1042, 10-4110447 1045,1046,1998, 1999 Contra Costa Whole tracts in Contra Costa County 3910-00,3920.00 Partial tracts m Contra Costa County 3560.02 Census blocks:2076,2078,2079,2080 3851.00 Census blocks:2008 2_69 District 04 consists of: Partial counties is district 04 Alameda Wbole tracts in Alameda County 4029.00,4030.00,4033.00,4034.00,4035,00,4036.00,4037.00,4038.00,4048.00,4049:00,4050.00,4051.00, 4052.00,4053.00,4054.00,4055.00,4056.00,4057.00,40:58-00,4059-00,4060-00,4061-00.4062.01. 4062.02,4063.00,4064.00,4065.00,4066.00,4067-00,4068-00,4069,00,4070-00,4071 1DO,4072.00, 4073.00,4074.00,4075.00,4076.00,4077.00,4078.00,4079.00,4082.00,4083.00,4084.00,4085.00, # 4086.00,4087.00,4088.00,4089.00,4091.00,4093.00,4094.00,4095.00,4096.00,4097.00,4098.00, 4103.00,410-4.00,4271.00,4272.00,4273.00,4274.00,4275.00,4276.00,4277.00,427$.00,4279.00, 4280.00,4281.00,4282.00,4283.01,4283.02,4294.00,4285-00,4286-00 Partial,tracts in Alam--da County 4039.00 Census blocks: 1001,2000,2001,2002,2003,2004,2005,3000,3001,3002 3003,3004,3005 4040.00 Census blocks: 1004,1005,I006,1007 4090.00 Census blocks: 1000,1001,1002,1003,1004,1005,1006,1007,1008,1009, 1010,1011,1011 1013, 1014,1015,7000,2001,2002,2003,2004,2005,2006?2007,2048,2009,2010,3000, 3001,3002,3003,3004,3005,3006,3047,3008,3009,3010,3011,3012,3013,3014,3015, 3016,3017,3018,3019,3020,3021,3022,3023,4000,4001,4002,4003,4004,4005,4006, 4007,4048,4009,4010,4011,4012,4013,4014,4015,4016,4017,4018,4019.4420,4021, 4022,4023,4024,4025,4026,4027,4028,40"029,4030,4031,4032,4034,4035,4036,4037, - 4038,4039,4040,4041,4042,4043,4044,4045,4046,4995,4996t 4997,4998,4999 4092.00 Census blocks: 1001,1002,1003;1004,1005,1006,1007,1008,1009,1010,1011-1012, 1013, 1014,1015, 1016, 1017,1018,1019,1020 4101.00 Census blocks. 1000,1001,1002,1003.1004,1005,1006,1007,1008,1009,1010,1011,1012, 1013, 1014,2000,2001,2002,2003.2004,2005,2006,2007,2008,2009.2010,2011,2012, 2013,2014,2015,2016,201-f 4102.00 Census blocks: 1000.1001. 100211003,1004.1005, 1006,1007,1008.1009,1010,1011.1012. 1013.2000.2001.2002,2003.2004,2005,2006.2007,2008,3001,30t}2 3003,3404,3005, 30()6.3007,3008.3009,3010.3011.3012 2-70 District 05 consists of: Parb2l counties in district 05 Alameda Whole tracts in Alameda County 4302.00,4303.00,430:5.00,4306.00,4307.00,4308.00,4309.00,4310.00:4311,00,435 1.0a,4352.00- 4353.00,4364.01, 352.00_4353.40,4364.01,4364.02.4365.00,4378.00,4379.00,4501.00,4502.00,4503.00,4504.00.4505.00, 4506.01,4506.02,4506.03,4506.04,4506,05,4506.M 4506.07,4507.01,4507.03,4507.21,4507.22, 4507.41,4507.42,4511.01.4511.02,45I2.01,4512.02,4513.00,4514.01,45I4.02,4515.01,4515.02, 11 4515.03,-'516.01,4516.02,4517.01,4517.02 Partial pacts in Almneda County 4301.00 Census blocks: 1000, 1024,1015,1026, 1027, 1028,1029,1030, 1031,1034 1033,1034, 1035, 1036.1037, 1038,1039,11040,1041,10.4')- 1043,1044,1045,1046,1047,1048,1049,1054, 1051, 1052, 1053,10:54,1055,10515.1057, 1058,1059,1060,1061,1062,1063, 1064, 1065, 1066, 1067,1068, 1069,1070, 1071,1072,1073,1074,1075, 1076.1077,107 1079, 1080 1081,1082, 1083,1084. 1085, 1086,1097, 1088,1089.1090, 1091,1092, 1093,1094, 1095, 1096, 1097,1098,1099, 1100,1101, 1102, 1103,1104,1105, 1106,1997 4304.00 Census blocks:1000, 1001,1002, 1003, 1004, 1005,1006,1007, 1008,1009, 1010.2000,2003, 2004,2999 4312.00 Census blocks: 1000, 1001,1002,1003, 1004, 1005, 1006,1007, 1008, 1009, 1010,2000,2001, 2002,2003,2004,2003,2006,2007,2005.2009,2010,2011,2017,2018,2019,2:020,3000, 3001,3002,3003,3004,3005,3006,3007,3008,3009,3010,3012,3013,3014,3013,3017 4328.00 Ceatsus blocks:4000,4001,4.00&4009,4010 4351.01 Census blocks:1000,1001,1002,1003,1004,1005,1006,1007,1008,1009,1010,1011, 1012, 1013,1014,1015,.1016,1017,1018, 1019, 1020,1021.1=1023, 1024, 1025,1026, 1027, 1028,1029, 1030,1031,10341033, 1034,2000,2001,2002,2003.204,2005,2006,2007, 2008,2009,2010.2011,2012,2013.2014,2015.2016.2017.2018,2019,2020,2021,2022. 2023,2024,2025,2026,2027,2028,2029,2030,2031,20x2.2033,2034,2035,2036,2037, 2039.2040.2(41,2042-2043.:2044,2045,2046,2041.2048,2049,2050,2051.2052,3000, 3001,3002,3003,3004,3005,3006-300^17,3008.3009,3010,4000.4001,4002.441(}3,4004. 4005,4006,41107,400S..-5002 4366,01 Census blocks: 1000, 1001.1002. 100.x. 1004. 1005. 1006.2001.2002.2003-20044.2005.2006, 2007,2008.2009,2010.201?.20 1 3000.3001.3002.3003.300"_3005.3006 Ceosw,blo--;u:s:2f)tlf:.200!.20GI 200 .2(V Ll..2000 -1401.00 Census bin:ks: 1 COC. 10:2 1021. 10129 .."TC>£7C7tinv Iti`.'Gl'.ti:iS41�niW :'li:i' EMPACW 2-71 _....... ......... ......_ ....... ......... ......... .__.. ._. _. ......... ......... ........ . ................................................ District 05 consists of.(continued) Contra Costa Whole tracts in Contra Costa County 3451.01,3451.02,3451.03.3451.05,3451.07,3451.08,3451.09,3451.10,345202. Partial tracts in Conus Costa County 3452.01 Census blocks:2018,2019,2020,2021.2022,2023,3000,3003,3004,3003,3006,3007,3008, 3009,3010.3011,3012,3013,3014,3015,3016,4000,4001,4002,4003,4004,4005,4006, 4007,4008,4009,4010,4011,4012,4013,4014,4015,4016,4017,5022,5024,5025,5029, 5030,503L 5032,5033,5034,5035,5036,5037,5038.5039,5040,5041,5042,5043,5044,5045 3462.02 Ceases blocks: 1000,1005,1006,1007, 1009,1010,1011,101Z 1013, 1014,1015,1016,1017, 1018,1019,1020,1021,1022, IOM,1024,1025,1027,1028,1029 3551.04 C..ensus blocks:3020,3021,3039,3040,3041,4053,4054,4055,4056,4057,4058,4059,4068, 4073,4074,4075,4079,4080-4081,4082,4083,4484,4485,4086,4087,4088,41089,4090, 4091.4092,4093,4094-4098,4099,4100,4101,4102:4103,4104,410:5,4106,4107,4108, 4109,4110,4111,411:2,4113,4114,4115,4116,4117,4118,4119,4120,4121,4122,4123, 4124,4125,4126,41'-)7,4128,4129,4130,4131,4132,4133,4134 2-72 :.: District.06 consists of: Partial counties io district 016 Alameda ' Whole tracts in Alda County 4380.00,4381.00,4382.031,438202,4383.00,4394M,440100,440101,4403.02,4403.{14,4403.05, 4403.06,440107:4403.08.*440.3.09,4403.31,4403..32,4411.00,4412.0!4,4413.0?!,4413.02,4414.41, t 4414.42,4415.41,4415.03;4415.21,4415.22,4.416.41,4416.02,4417.44,4418.001,4419.41,4419.21, 1 4419.22,4439.23,4420.00,4421.00,4422.00,4423.04.4424.00,442.;.00,4426.00,4427.04,4428.00, .4429.(10,4430.111,4430.02,*4431.01,4431.02.4431:03,4432.00,4433.01,4433.02,4441.010,4442.00, 4443.00,4444.{X1,4445.00,4446.00 Partial tracts m Ala=da County 4351.01 Census blocks:2038,5000,5001,5043,5004,5405 43371.40 Census blocks: 1047,1048, 1049,1050,1051,1052, 1053.10:54,105:5, 1056,10:57,1058,1459, 1060, 1051, 1062, 1063, 1064,1996,1997.2000,2001,2002,2003,2044,20015,2046,2007, 2408,2009,3000,3001,4000,4001,4002,4003,4004,4405,4006,4007,4008,4409,4014, 4011,40112,4013.4014,4015,4016,5000,5001,5002,5003,5004,5045,5405,5007,50108, 5{109,5010,5011,5012 4401.00 Census blocks: 1001,10012, 1003. 1(X14,1005,10106,1007, 1008;1009,1010. 1011,1012.'1413, 1014,1015, 1016. 1017, 1018,1019,1020, 1021,1022, 1023,1024, 1025,1026,1030 2-73 District 07 consists of: Partial counties in district 0-7 Alameda Whole tracts m Alameda Cotmty 4003.00,4006.00,4007.00,4008,00,4009.00,4010.00,4011.00,4012.00,4013.00,4014.00,4015.00, 4016.00,4017,00,4019.0(),4019.00,4020.00,4021.00,4022-00,40-)-;-00,4024-00,4025-00,402,6.00, 4027.00,4028.00,403i<00,4032.00,4201.0(3,4202.00,4203.00,4204.40,4205.00,4206.00,4220.00, 4221.00,4231.00,41-32.00,4233.00,4234.00,4235.00,4'239.01 4240.01,4240.02,4251.00 Partial tracts in Alameda County 4219.00 Census blocks:2014,2015,2016,3005,3006,3007,30D8.3009,3010,3011,3012,3013,4000, 4001.400'-1 4003.4004,4005,4006,4007,4008,4009,4010,4011,4012,4013,4014 42?00 Census blocks: 1006, 1007, 1008,1009,2005.2006.2007,2008,2009,2010,3001,3002 3005, 3006,3007 Comma Costa Whole tracts m Contra Costa County 3620.00,3650.02,3660.01,3660.02,3671.00.3672.00,3680.00,3690.01,370().00.,3710-00.3720,00, 3730.00,3'740.00,3750.00,3760.00,3770-M 3780.00,3790.00,3800.00,3810.00,3820.00,3830.00, 3940.00,3852.00.3860.00,3870.00,3880.00,3891.00.3892.00,3901.00,3902.00 Partial tracts in Contra Costa Cotmry 3560.02 Census blocks:2054,2055,2056,2057 3591.01 Census blocks:4998 3601.00 Census blocks: 1002,1003,1004.IM, 1006,1007, 1008,1009,1010, 1011,2000,2001,2002. 2003.2004.2005,2006,2007.3003.3004,3005,3006,3007,3008,3009,3010,3011,3012, 301---,3014'3015,3016,3017,3018,3019.3020,3021,307'),3023.3024,3025.3026.3027,3028 360200 Census blocks: 1001.1002. 1003, 1004. 1005,100,6,1007,1008-1009,2000-2001.2002.20031 2004.20077.2008,3000.3001.3006,3007.3008.3009,3010,3011.3012 3610.00 Census blocks: 1004`.2000.2001.2002.2003.2004!.2005.2006.2007.2008.24X39.2012.201?. 2015.2016.2017.2018.?019.2020.2021.2022.20?.2024.202-4.2026-2027.2028.2029. 203'%';.2041.2042.20,13.2(44.2tt^5.2(46.2041.2c14� )6.' t1; vensu�blacks: 1016, 10 -. 101 . 101 S. 1020, 1021 102=- 10-,3. 1024 102 . 102e, 1 t1:7. 1024. I t;2S. 11:30.300 .300..30(6. z00b.0(10 2-74 :;: Dis133ict 07 consists of:(continued) 3650.01 Censusblocks: 1000,1001, 1003, 1003,1004. 1005,1006, 1007,1008.1009, 1010, 1011,1012, 1013,1014,1015, 1016. 1017, 1018,1019, 1020, 1021. 1022,1023, 1024, 1999,2000t 2001, 2002,2003,2004.2005,2006,2007,2008.2009,3000,3001,30021.3003,3004,3005 3690.02 Census blacks_ 1001,1002,1003, 1004,1005,1006, 1007,1009, 1009,1010t 1011,2000,2001, 4 2002,2003,2004,2005,2006,2007,2008,2009,2010,2011,3000,3001,3002,3003,3004, 3005.3006,3007,3008,3009,3010,3011,3012,3013,3014,3015,3016 3851.00 Census blocks: 1000,1001,1002, 1003, 1004, 1005,1006,100?,1008,1009,1010,1011, 1012, 1013, 1014, 1015,1016, 1017, 1018, 1019,1020, 1021,2000,2001,2002. 2003,2004.2005, 2006,2007 San Francisco Wbole tracts in San Francisco Caunry 179.01, 179.02. 180.00,226.00,227.02.227.03,230.01.230.02,2M.03.231.01.231.02,231.03,-->-,2.00, 233.00,234.00,264.01,264.02,264.03,264.04,605.01,605.02,606.00,607.00,609.00,610.00 Patna}tracts in San Francisco County 176.02 Census blocks: 1000,1001,1002,1003. 1004,1005,1006,1007, 1009,1009,1010,1011, 1012. 1013, 1014,1999.2000,2001.200') 200-a.2004,2005,2006,2007,20D&.2009,2010,2011, 2012,2013,2014,2015,2016'2 zi 77.201 8.2019,2020,2021,2022,2023,2024,2025 227.01 Census blocks: 1000,1001,1002 1003, 1006,1007, 1008,1009, 1010.1011,1012,2000,2001, 2002,200').2004,2007.2008,2009,2010,2011,2012,2013 2-75 ......... ......... ......... _. _.. _._.._ ......... ......................................................... . .. 17isn'ict 08 consists of: Partial counties in district 08 San Francisco Whole tracts in San Francisco County 101.00, 102.00, 103.00, 104.00,105.00,106.00, 107.00,108-00,109.00,113.00, 114.00, 115.00,117.00. 118.00, 126.00,127.00, 128.00, 129.00, 130,00, 131.00,132.00,133.00,134.00, 135.00,154.00,156.00, t 261.00,262.00,263.03,303.01,303.02,304.00,306.00,308.00,309:00,310.00,312.00,313.00,314.00, 1 326.00,327-M329.00,329.00,330.00,331.00,33101,332.02,351.00,352.01,352-02-353.00,354.m 401.00,402.00,426.00,427.00,428.M 451.00,452.00,476.00,477.01,477.02,478:00,47901,479:02, '601.00,60100,604.00 Partial tracts in San Francisco Coxaixy 157.00 Cen=blocks: 1000,1001,1002,1003, 1004,1005, 1006,1007, 1008, 1009,1010,1011,3000, 3001,3002,3003,3004,3005,3006,3007,3008,3009,3010,3011,3012,3013,4000,4001, 4002,4003,4004,4005,4006 263.01 Census blocks: 1003,1004,1005, 1006,1007,1009,2000,2001,2002,2003,2044,2005,2006, 2007,2008,2009,2010,2011,3000,3001,3002,3003,3004,3005,3006 3[37.00 Census blocks: 1000,1001,1002, 1003, 1004.1005,1006,1007,1008,1009,1010,1011,1012, 1013,1014,1015,1016,1017,1019,2003,200-4,200,-r,2006,2007,2008,2009,2014,2011, 2012,2013,2014,2015,3000,3001,3002,3003,3044,3005,3006.3007,3008,3409,3010, 3011,3012,3013,3014,3015,3016,3017,3018,3019,3020 311.00 C=sus blocks:2400.2001,2002,2003t 2004,2005.2006,2007,2008,2009,2010,2011,3000, 3001,3002,3003,3004,3005,3006,3007,4000,4001,4002,4003,4004,4005,4006,4007, 4008,4009,5000,5001,5002,5003,5004-5005-50K 5007-5009,5009,'5010-5011 603.00 Census blocks: 1008,1009, 1010,1011,101.,1013,1014,1015,1016,1017,1018,1019, 1020, 1021,1022,1020,1024, 1025,1026,1027,1028.1029,1030,1031, 1999 2-761 ......... . .. _ ...... .. _ ........ _.... .. .. ._.... ....... District 09 consists of: Partial counties in district 09 San Francisca Whole tracts in San Francisco County 110.00,111.00,112.00, 119.00, 120.00,121.00, 122.00,123.00,1244.00, 125.00,151.00,152.00,153.00, 155.00, 158.00,159.00, 160.00, 161.00,162-00,163.00,164.00, 165.00,166.00, 167.00,168.00,169.00, 170.00, 171.00,17 6.01, 177.00. 178.00,201.00,202.00,203.00,204.00,205.00,206.00,207.00,208.00, 209.00.210.00,211-00,212.00,213.00.214.00,215.00,216.00,217.00,218.00.228.01.22&02,228.03, 1 229.01.229.7,229.03.251.00,252-00,253.00,254.01,254.0),254-03,255.00,256.00,257.00.258.00, 259.00,260.01,260.02,260.03,260.04,263.02,301.01,301.02..302.01,302.02,305.00 Partial tracts m Sm Francisco County 157.00 Census blocks: 1012 2000,2001,2002,2003t 2004,2005,2006.2007 176.02 Census blocks:2026,2027,2028 227.01 Census blocks: 1004,1005,1013,2005,2006,3000,3001.30M,3003,3004,3005,3006 263.01 Census blocks: 1000, 1001, 1002 307.00 Census blocks:2000,2001,2002 311.00 Census blocks: 1000,1001,1002,1003,1004,1005,1006, 1007,1009 603.00 Census blocks: 1000,1001,1002,1003,1004,1005,1006,1007,1032-1033,1034,1035,1036, 1037,1038, 1039, 1040,1041,1042,1043,1044, 1045. I046,1047 t 2-77 Y l � i i $ _ i cu 4 J 4Q f rJcr y ;yI CO IQ 04 is 1 { I tu c ! g . r f TVx 0 .r0 j x s 2-78 :v: ::::• ii• ... ... r{{• ::• •::;TT:ii:i:JiiiiiiiriifiiJrf":'r:r:::r::::r:::.,;:.,;r{.;rr.; ... ... rr{.. o f _ s � CV G 1 r' ` l - co u & � r NN 10 cc cr LY LU t : f F CL CL cr cc ig {� cc = S $�' co {� `yam �r•} :.-�^ - C) LCL Y Z - — - .e[ Ll- to 2-79 r ! r II 1 R9J S C F C . cc cc CL P cc Lu >�„ ti {` dcacr ' + o ul uj LL 3. t7 C p� 6S I T sZ i13 2-80 ,.:.:. ;.: __ _. . Proposed BARS` District 3 `0 / t _ WaInuE Cr Dinda Wrap : �' �,�,� "`�-c{. _• ,�f l2fsyeltt,.,. -�-5���j�i 2�.. E Alenaeda Casft Val* tr .h ,.y'.. f ! auiIx 0 < Lu LLJ , A co p t? j — , f U. I `! 2-V1 Proposed BART District 4 21 anbfmdra � 1 ¢iii i.�t r� FT F- �y�-f 2` ,� i. '�L ...�t �• �'�� 4. t�� vim: L +�'•G Yq i ,y s .:urcirwwr.»o woo `��� V v f a � h V D U CC d ~ a LL3 'C � O Z d � O Q LL Cr mIr o V W "' d , LL Z-82 a N t� Y CL 4J _ •� �`-""ys;o"may ... e i r y+� f V N CL Ct W � d w © fro iD tr UJ Z d � I ,`Acs "` t +.'�.y+ 4 •-,'r{3 � �,�.�; 1L Y •r` �r r h �, 3 3 t ' S ` d V9 2-8t At- o f 1 1 i t � 3 co cr uj d. o � CL 00 max- EL ,cc cc ccQ accc dCD CC --\ \ LU " �s (n .� aLL y ,.✓L CC ul - z d U) 2-84 f sG' 1 �4 S't d { r, r F n to S `%k • ff � c a- �x r g F }t J a CL z � w — v d ` s cc CD W 0 U C) Ul _ � f z Z f 'Q 2-87 ........................................ .................................................. .................................. BEFORE THE BOARD OF DIRECTORS OF THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT Resolution of the Board of Directors of the SAN E:C0BAY ARE RAPID TRAN�IT f)l"TRICT San Francisco Bay Area Rapid Transit District requesting the Boards of Supervisors of Alameda C�E R T I TRUE Copy County, Contra Costa County, and the City and County of San Francisco to provide for the KENINETH A. DURON, DISTRICT SECRETARY consolidation of'a District election, electing members of the Board of Directors, with th the State of California general election, to be held on November 2,2004 Resolution No, 4907 WHEREAS, Section 28746.6 of the Public Utilities Code of the State of California provides: ' "A general district election for the election of directors whose terms are to expire in that year shall be held and conducted on the. first Tuesday after the first Monday in November of each even-numbered year and shall be consolidated,where possible, with the general election held on that date." and WHEREAS, Section 29746.8 of the Public Utilities Code of the State of California provides: "Except as otherwise provided in this article, candidates for the Board shall be nominated, the election held and conducted, and the ballots canvassed in accordance with the provisions of the Uniform District Election Law." and WHEREAS, Section 28747.2 of the Public Utilities> Code of the State of California provides: "A candidate for election from any of the election districts shall be nominated and elected by the voters residing within the election district from which he is elected." and WHEREAS, Section 28747.4 of the Public Utilities Code of the State of California in part provides: "The county elections official of each county within the boundaries of the district shall conduct the election and canvass the returns for those election districts or portions of election districts which are within the county of his or her jurisdiction as county eIecti-ons official. After the official canvass has been taken, the county elections official shall report the retums, by election district number,to the board." and - WHEREAS, a State of California General Election will be held on Tuesday,Noveniber 2, 2004; and Adopted April 8, 2004 2-88 ................................. ................................ ............... )NTMREAS, the California State Legislature has established nine election districts within the San Francisco Bay Area Rapid Transit District as provided in Section 28745 of the Public Utilities Code of the State of California; and 'WHEREAS, pursuant to Section 10522 of the Elections Code and 28750.4 of the Public Utilities Code of the State of California, the District has filed with the county elections official of each affected County a certified copy of Resolution No. 4821 of the Board of Directors of the San Francisco Bay Area Rapid Transit District which provides a map showing the boundaries of the District and the boundaries of the election districts and maps of the election districts prepared in'accordance with Article 2.4 of Chapter 3 of Part 2 of Division 10 of the Public Utilities Code of the State of California; and WHEREAS, the territory in which said election is to be held is,to wit, all of the territory of said Districts Nos. 1, 3, 5, 7, and 9 lying within the County of Alameda, the County of Contra Costa, and the City and County of San Francisco(hereinafter called the "Counties"). NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the San Francisco Bay Area Rapid Transit District, as follows: Section 1. That the Boards of Supervisors of the Counties are hereby requested to order the consolidation of said district elections with said general election to be held on Tuesday, November 2, 2004, and to further provide that within the territory affected by said order of consolidation, to wit, the Counties, that except as otherwise provided in Article 2.2 of Chapter 3 of Part 2 of Division 10 of the Public Utilities Code of the State of California, the election shall . be held and conducted and the ballots canvassed in accordance with the provisions of said Uniform District Election Law. Section 2. That the Secretary of the District is hereby authorized and directed to certify to the due adoption of this resolution and to file copies hereof, so certified, with the Board of Supervisors and with the county elections official of each of the counties. 2-K .................................I..........I................. ...... ........................................... -t'3r--t7UeU-* -1HE BOARD OF DIRECTORS OF TH:E SAN FP-A-INCIS CO BAY AREA RAPID TRANSIT DISTRICT' SAN FR NCISCO BAY A RAPID PID TRANSIT DISTRICT R I Resolution of the Board of Directors of CE JE TRUE Copy the San Francisco Bay Area Rapid Transit 1.1 A A District Establishing the District Rules KENNETH A. 15URON, DISTRICT SECRETARY Governing Candidates' Statement of Qualifications-forDistrict Elections Resolution No. 4632 VVMREAS, Section 13307 of the Elections Code of the State, of CaEfomia prpyides, among other things, that candidates for District office may prepare a candidate's Statem, ent of Qualifications of up to 200 words; the Board may authorize an increase in the limitation on words for the statement from 200 to 400 words; the Board may require each A candidate filing a statement to pay in advance his or her estimated pro rata share of the total.,p osf of producing and mailing the candidate's statement; and that, before the nomination peiniod opens, the Board shall determine whether a charge shall be.levied against that candidate for the candidate's statement, and WMEREAS, it is the intent of the Board of Directors of the San Fraxgiscdi,Bay Area Rapid Transit District to adopt rules governing candidates' Statements of Qualifications for District electioxis. NOW, TB3REFORE, BE IT RESOLVED by the Board of Directors of the San Francisco Bay Area Rapid Transit District, as follows: I Each candidate for the BART Board of Directors who prepares a candidate's Statement of Qualifications pursuant to California Elections Code Section 13307 shall be required to pay a total election fee of$750 at the time of filing as part of the cost to the ri ting, handling, translating, District of printing, and mailing the candidate's staterrierit, including the cost of foreign language translations. 2. The limit on the length of the candidate's Statement of Qualifications shall be 200 words. BE IT FUTRTHER RESOLVED that the District Secretary is authorized to adopt. procedures consistent with Section 13309 of the Elections Code for relieving indigent candidatews from paying the requisite fee; and I of 2 ,dopted Ma.-ch 27, 1997 2-90 ................................... ............. ................ .:f rBE '?"IUTI= R RSGLED that each-candidate ffig as a candidate for' BA "'D for musf'cc�mv etr to Smote ci Califcar s Foliiica Practices Coa Lsidn' disclosure form entitled: "Statement of Econo�rnic Interests"and to file said form,with the -- D s ct Se,;et;7ry oftbe ariFranc sco Bay Area District; and BE IT FURTHER RESOLVED that the provisions of this resolution shall govern the 1999 election and all subsequent elections for the District's Board of Directors unless otherwise modified by this Board. t Supersedes Resolution No. 4622, adapted June 27, 1996. 2 2 B A R T SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT 304 Lakeside Drive,P.O.Box 12688 Oakland,CA 94604-2688 C 15141464-6004 .� June 28, 2004 CLERK BOARD IOF SW ,:rESttfiS COATRA cOsTA James fang PRESR7ENT Board of Supervisors Dan Richard Contra Costa County y Thomas E.Margro County Administration Building GENERAL MANAGtR 651 Pine Street r Martinez, California 94553 DIRECTORS Subject: San Francisco Bay Area Rapid Transit District Board of Directors Dan Richard Order for a Special District Election for a BART Seismic Safety IST DISTRICT Joel Keller Bond and Request for Consolidation of Election 2ND DISTRICT Roy Nakadegawa Dear Board of Supervisors, 3RD DISTRICT Carole Ward Allen The Board of Directors of the San Francisco Bay Area Rapid Transit District, at the 41HDISTRICT June 10, 2004 regular meeting of the Board, adopted the enclosed Resolution No. Peter W.Snyder 4920 orderinga special district bond election in the District on November 2 2004 5TH DISTRICT p > > Thomas M.Blalock and Resolution No. 4921 declaring intent to reimburse certain expenditures from 6TH DISTRICT proceeds of indebtedness. Lynette Sweet 71H DISTRICT Resolution No. 4920 includes a request of the Board of Supervisors of Alameda James fang County, the Board of Supervisors of Contra Costa County, and the Board of 6TH DISTRICT Supervisors of the City and County of San Francisco to order the consolidation of Tom Radulovich 97HMSTMCT the special district bond election with the State of California general electign to be held November 2, 2004. Also enclosed is the Tax Rate Statement for filing with the Registrar of Voters required under Section 9402 of the Elections Code. We appreciate the cooperation and information provided by members of your Registrar of'Voters office throughout the past several weeks. Should you require any additional information or clarification, please contact me at your earliest convenience(510.464.6080). Sincerely, i Kenneth A. Duron , District Secretary Enclosures: Board of Directors Resolution? Nos. 4920 and 4921 Tax Rate Statemeni 2-92 www.bart.gov .......................... ..................................................................................................................................... . .. _....._. ......... ......... ......... ......... ...... ... ......... ......_.. ._....... _._.._.. _.. .. ._. __ ........ ....... _....... ....... ....... ....... ........ ......... ....._.... ...__...... .............._....... BOARD OF DIRECTORS OF THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT Resolution No. 4920 RESOLUTION CALLING A SPECIAL DISTRICT BOND ELECTION FOR. THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE DISTRICT THE PROPOSITION F INCURRING A BONDER INDEBTEDNESS TO STRENGTHEN, SEISMICALLY ETROFIT, IMPROVE AND REPLACE BART FACILITIES, FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME, PROVIDING FOR NOTICE THEREOF, AND CONSOLIDATING SAID DISTRICT BOND ELECTION WITH THE STATE OF CALIFORNIA GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, AUTHORIZING PREPARATION AND FILING OF A TAX RATE STATEMENT AND A GENERAL COUNSEL ANALYSIS TO BE PUBLISHED IN CONNECTION WITH SAID ELECTION, AND AUTHORIZING BOARD MEMBERS TO FILE A BALLOT'ARGUMENT IN SUPPORT OF SUCH BOND MEASURE WHEREAS, the Board of,Directors (the "Board") of San Francisco Bay Area Rapid Transit District (the "District" or "BART") has heretofore received the BART 'Seismic Vulnerability Study, prepared by Bechtel Infrastructure Corporation, the Bechtel/HNTB Team, which presented an analysis of the BART system's vulnerability to earthquakes, recommended retrofits and performance enhancements available and provided a cost benefit analysis with respect thereto and the District has duly employed engineers, economists, fiscal experts and others deemed necessary to develop general plans, estimates and general specifications pertaining, to the projects for which a bond issue is proposed, as hereinafter set forth, sufficient in the opinion of this Board to enable this Board to determine the feasibility of such projects; WHEREAS, said engineers, economists, fiscal experts and others have made a report entitled the "General Obligation Bond Program Report" to the District in time, form and manner required by law, and this Board hereby determines and declares that the proposed Earthquake Safety Program specified in the General Obligation'Bond Program Report is feasible and that the Earthquake Safety Program as outlined in said report is necessary; WHEREAS,this Board desires'pursuant to Section 29157.1 of the Public Utilities Code of'the State of California (the "Public Utilities Code") to duly determine the amount of bonds which should be issued in order to raise the amount of money necessary for the Earthquake Safety Program specified in said report and as otherwise provided by law and pursuant to Section 29158 of the Public Utilities Code to call a special election and submit to the qualified voters of the District the proposition of incurring such bonded indebtedness; WHEREAS, this Board desires that the special district election hereinafter provided for shall`be consolidated with the State of California general election to be held in the, State and in the District on November 2, 2404, and desires to take all steps necessary for tlie purpose of effecting such consolidation; 2-92 ................ WHEREAS, Section 9400 et seg. of the Elections Code of the State of California (the "Elections Code") requires that a tax rate statement be contained in all official publications and ballot pamphlets prepared, sponsored or published by the District which relate to said election; WHEREAS, this Board now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at said election; WHEREAS, if the electors approve the bond proposition, this Board desires to establish an independent citizens' oversight committee to review and report to the public I C? expenditures of the bond proceeds; and WHEREAS, all acts, conditions and things required by law to exist, happen and be performed precedent to and in connection with the calling and holding of said special district bond election hereinafter provided for have existed, happened and been performed in due time, form and manner as required by law, and this Board is now duly empowered to call said special district bond election in all respects, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SAN FRANCISCO BAY AREA RAPED TRANSIT DISTRICT, AS FOLLOWS: Section 1. A special district bond election is hereby ordered and will be held in the District on Tuesday,November 2, 2004, at which election shall be submitted to the qualified electors of the District the question of incurring a bonded indebtedness of the District for the objects and purposes set forth in the following measure: SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (BART)MEASURE MEASURE I -L: To protect public safety and keep Bay Area (BART EARTHQUAKE traffic moving in the aftermath of an SAFETY BOND) earthquake or other disaster, shall BART, I YES I I the San Francisco Bay Area Rapid Transit District,be authorized to issue I I bonds not to exceed $980 million dollars to make earthquake safety ' improvements to BART facilities in Contra Costa, San Francisco and Alameda Counties, including strengthening tunnels, bridges, overhead tracks and the underwater Transbay Tube, and establish an independent 1 NO I citizens' oversight committee to verify bond revenues are spent as I promised?" Said measure shall be set forth on the ballots to be used at said special bond election within the District in substantially the form hereinabove set forth. Pursuant to Section 29169 of the Public Utilities Code and Section I of Article XIII A of the Constitution of the State of California, the above proposition shall become effective only upon the affirmative vote of two-thirds of those electors voting, on the measure. Sectior -1 The Board hereby determines and declares that the proposed plan of ",ork for the E-arthqiiAe Safety Proararn in the General ObI12,ation Bond Pro--rarn is feasible and 2-94 the Earthquake Safety Program as set forth in said report is necessary. The estimated cost of the proposed Earthquake Safety Program in the General Obligation Bored Program is $1.307 billion. Said estimate includes planning, design, engineering, acquisition, construction and improvement costs for the General Obligation Bond Program, which includes seismic retrofit projects and improvements for transit facilities,located in the BART counties, including the Daly City Yard and the Transbay Tube. Section 3. The maximum amount of the principal of the bonds that the Board hereby orders should be issued to raise the amount of money necessary for said Program as set rtli in the foregoing measure is $980 million, which amount is estimated to be required to mance the Earthquake Safety Program in the General Obligation Bond Program, including sufficient funds to cover the cast of inspection of works in course of construction and the costs of issuing the bonds. Section 4. The maximum term that the bonds proposed to be issued shall run before maturity is thirty-five years, providing that the bonds of said authorized issue may be divided into two or more series or divisions, and the last date of maturity of any such series of bonds may be fixed at any date or dates up to but not exceeding thirty-five years after the date of the bonds of that series. The District may fix different dates for the bonds of each series, and the bonds of any series may be made to mature and become payable at different times from those of any other series, provided. (i)that said maximum maturity above specified shall be calculated from the date on the face of each bond, separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of said authorized issue and (ii)that the maturity dates of each separate series or division shall comply with the provisions of law. Section 5. The maximum rate ofinterest to be paid on;said indebtedness shall not exceed the maximum rate permitted by law(12%ger annum). Section 6. Interest to be paid upon said bonds during the estimated period of construction of the works of the District (and for three years thereafter or less) shall be a capital charge and may be payable out of the principal sum realized from the sale of the bonds in an aggregate amount not to exceed $100,000,000. Such interest not so paid from bond proceeds shall be paid by the levy and collection of taxes in the manner and to the extent provided by law. Section 7. The estimate of the taxes required to be levied for all District purposes for the fiscal years 2005!2006 to 2044/2045, the sources from which such taxes shall be obtained, and the portion or amount to be derived from each source are set forth in Exhibit A attached hereto. (a) The foregoing estimate of taxes is based upon the District's contemplated programof financing, which may be modified to conform to construction, marketing and financial conditions existing in the future. The actual tax levy in each year will vary, depending upon the then requirements for bond principal, interest; sinking fund payments and the thei". assessed values of taxable property in each count= comprising the District. 2-9: ......... _. ... ...................... _. ._..... ....................... _._.._. ._. ............. .... ..._. _ (b) The source from which such taxes shall be obtained is the net amount derived from the levy and collection of taxes upon all taxable property in the District based upon the equalized assessment roll of each county in which the District is situated. The District is not now authorized to levy income taxes or other similar types of taxes, other than transactions and use taxes, for the payment of its general obligation bonded indebtedness or administrative and general expenses. (c) The proportion or amount of such taxes to be derived from the sources above stated are as follows: (i) Annual tax levy for bond principal and interest and for sinking funds -- The law requires that the Board shall, at the time of fixing the general tax levy and in the manner provided for the general tax levy, levy and collect annually until the general obligation bonds of the District are paid, or until there is a sum in the treasury of the District set apart for that purpose to meet all sums coming due for principal and interest on the bonds as they become due and payable, a tax sufficient to pay the annual interest on the bonds and such part of the principal thereof, including any sinking fund installments required by any of the District's agreements with its bondholders, as becomes due before the proceeds of a tax levied at the next general tax levy will be available for such purposes. The taxes required to be levied and collected on account of interest, principal, and sinking fund of general obligation bonds of the District shall be in addition to all other taxes levied for District purposes, and shall be collected at the time and in the same manner as other district property taxes are collected, and be used for no other purpose than the payment of the bonds and accruing interest. The District shall provide for the payment of the principal of and interest on the bonds by the levy and collection of taxes upon all property in the District subject to taxation by the District without limitation of rate or amount as provided by law, except that such taxes need not be levied to the extent that the District deposits in the treasury set apart for that`purpose moneys derived from surplus revenues or any appropriations which may be made'to it for that purpose or from any other funds howsoever derived. (ii) Annual tax levy for administrative and general expense -- Following the adoption of Proposition 13 by the voters and the passage of implementing legislation, the District receives a small portion of the constitutionally limited 1% tax levy for administrative and general expense and has no authority to increase such amount. The amount of the District's portion of such 1% levy for the 2003-2004 fiscal year was $20,252,424. (iii) The District levies a 1/2¢ transactions and use tax, 3/4`t of the revenues of which are allocated to the District and 1/4`h of which is allocated to the Metropolitan Transportation Commission. Revenues from such tax are pledged to secure sales tax revenue bonds of the District and are used to pay general operating and capital costs of the District. Section S. This Board does hereby submit to the qualified electors of the District at said special district bond election the measure of incur;ng bonded indebtedness set forth in 2-96 Section I hereof, and hereby designates and refers to said measure as that measure to be set forth on the ballots as herein prescribed for use at said election: (a) Said special district bond election shall be held and conducted and the votes thereat canvassed and the returns thereof made and the result thereof ascertained and determined, as herein provided, and in all particulars not prescribed by this resolution said special district bond election shall be held as provided by law. (b) All residents of the City and County of San Francisco, the County of Alameda nd the County of Contra Costs., respectively, who are qualified electors possessing the qualifications prescribed by the general election laws of the State of California shall be entitled to vote at said special district bond election. Whether a resident of the District is a qualified elector within the District shall be conclusively determined by the register of voters of the City and County of San Francisco, the County of Alameda and the County of Contra Costa, respectively, in which said election is held. (c) Said special district bond election hereby called shall be consolidated and the Board of Supervisors of the City and County of San Francisco, the Board of Supervisors of the County of Alameda and the Board of Supervisors of the County of Contra Costa are hereby each requested to order the consolidation of said special district bund election with the State of California general election to be held in said State and in said Districton November 2, 2004, all as required by and pursuant to law, and the election precincts, polling places and officers of electron within the District for said special district bond election shall be the'same as those selected and designated by the Registrar of Voters or the Board of Supervisors, as appropriate, of the City and County of San Francisco, the County of Alameda and the County of Contra Costa, respectively, for said State of California general election, and reference is hereby made to said State of California general election for the designation of the precincts, polling places and election officers for said special district bond election hereby called. (d) The hours during which the polls shall be kept open in the City and County of San Francisco, the County of Alameda and the County of Contra Costa (collectively, the "Counties" and each a "County"'), respectively, shall be the same as those,provided for the State of California general election to be held on November 2, 2004 in each of the Counties, respectively, being the election with which the election called pursuant to this resolution is consolidated, and the mariner of voting for and against the incurring of such indebtedness shall be as provided for in the ballots in such general election. The Registrar of Voters or the Board of Supervisors, as appropriate, of the City and County of San Francisco, the County of Alameda and the County of Contra Costa, respectively, are and each of them is authorized to canvass, or cause to be canvassed as provided by law (including the provisions of Section 10411 of the Election Cade), the returns of said special district bond election with respect to the votes cast in each of the Counties, respectively, and to certify the result to this Board in all respects as provided by law,and upon the certification of such results to this Board, dais$curd shall cause to be spread upon its 'minutes a statement of the results of said special district bond election as. ascertained by such canvass. Section 9. Notice of said special district bond election shall be given by publication of the text of this resolution calling such election together with, in each case. a fom 2-9 ......... ......... .._...... ......... ................. of notice of election substantially as set forth in Section 29163 of the Public Utilities Code. Such notice, together with the text of this resolution, shall be published once a week in each calendar week for two successive calendar weeks, at any time prior to said election (the first publication to be not less than twenty (20) or more than ninety (90) days prior to the date fixed for such special election), in the following newspapers of general circulation, hereby designated by this Board, which are printed and published in each County within the District, as follows: Alameda County—Oakland Tribune t Contra Costa County—Contra Costa Times 6 City and County of San Francisco— San Francisco Chronicle No other notice of the election hereby called need be given. The Secretary is hereby directed to cause such notice and the text of this resolution to be published as hereinabove provided. Section 10. (a) Upon approval of the bond proposition by the voters, the Board shall establish and appoint members to an independent Citizens' Oversight Committee (the"Committee") consisting of five members. The members of the Committee shall be selected from citizens of the District who are not elected officials or employees or officials of the District and shall be comprised as follows: (1) one member shall have expertise in seismic retrofitting; (2) one member shall have expertise in auditing; (3) one member shall have expertise in engineering; (4) one member shall have expertise in public financing or' project management; and (5) one member shall represent the community at large. Members shall serve two-year terms without compensation, although the District shall provide administrative assistance and reimbursement of expenses. (b) The duties and responsibilities of the Committee are as follows: (1) Review scheduling and budgeting of projects to be funded by the bond measure. (2) Confirm that work is completed and bond funds are expended in accordance with the bond measure. _ (3) Inform the public concerning the expenditure of bond revenues. (c) The Committee's work may be performed by receiving and reviewing independent audits of the General Obligation Bond Program. 2-ss (d) The Committee may be disbanded when all bond funds are spent. Section 11. The Secretary of the District is hereby directed to deliver, no later than August 6, 2004 (which date is not fewer than 88 days prior to the date set for the election),a copy of this resolution and order to the Registrar of Venters of each County, and shall file a copy of this resolution and order with the Clerk of the Board of Supervisors of each County and the Registrar of Voters of each County. Section 12. (a) The Controller/Treasurer of the District is hereby authorized to prepare a tax rate statement (the "Tax Rate Statement") conforming to the requirements of §rection 9401 of the Elections Code, and to file said Tax Rate Statement with the Registrar of Voters of each County. (b) The Registrar of Voters of each County is hereby requested to include the Tax Rate Statement in all official publications or postings pertaining to the Election, pursuant to the terms of Section 9402 of the Elections Code. Section 13. The members of the Board are hereby authorized, but not directed, to prepare and file with the Registrar of Voters of each County a ballot argument in favor of the proposition contained in Section 1 hereof, within the time established by the Registrar of Voters of each County. Section 14. The General Counsel is hereby authorized to prepare .an impartial analysis of the bond measure and to submit it to the Registrar of Voters of each County. Section 15. This resolution, being a resolution relating to an electron, shall take effect immediately uponadoption. PASSED and ADOPTED this 10th day of June, 2004,by the following vote: AYES: 7 Blalock, Fang, Nakadegawa, Radulovich, Richard, Sweet, Ward Allen NOES: 0 ABSENT: 2 Keller, Snyder AT ST: ' Presid District Secretary a` 2-9'. t EXHIBIT A ESTIMATE OF DISTRICT TAXES (all figures in$'004s) Administrative General Expenses Proposed and General Existing Bond and Capital Costs G.O. Bond Expenses Paid Debt Paid from Paid from Total Annual Calendar Debt from Ad Valorem Transactions Transactions and Costs Paid Year Service Taxes* and Use Taxes Use Taxes* from Taxes 2005 17,997 22,600 54,979 121,021 216,597 2006 17,997 23,500 55,122 129,326 . 225,945 2007 17,998 24,511 55,248 138,054 235,811 2008 35,997 25,564 55,386 147,194 264,141 2009 35,994 26,664 55,535 156,769 274,962 2010 .35,995 27,810 55,702 166,792 286,299 2011 53,993 29,006 55,582 177,592 316,173 2012 53,991 30,253 50,886 193,480 328,610 2013 53,992 31,554 45,481 210,615 341,642 222,903 355,296 2014 53,996 32,911 45,486 2015 71,990 33,569 45,493 . 228,264 379,316 2016 71,989 34,241 45,503 233,729 385,462 2017 71,992 34,925 45,503 239,314 391,734 2018 71,996 35,624 45,514 244,999 398,133 2019 71,989 36,336 45,513 250,810 404,649 2020 71,996 37063 45,824 256,726 411,309 2021 71,991 37,804 45.,528 262,767 418,090 2022 71,991 38,560 45,532 275,208 432,077 268,928 425,012 2023 71,996 39,332 45,542 281,612 439,274 2024 71,991 40,118 45,5'53 288,158 4.46,623 2025 71,994 40,921 45,550 2026 71,994 41,739 45,563 294,819 454,115 2027 71,991 42,574 45,571 301,619 461,755 2028 71,993 43,425 45,580 308,554 469,552 2029 71,994 44,294 19,426 341,790 477,504 2030 71,997 45,180 19,427 349 ,014 485,617 2031 71,990 46,083 19,441 356,368 4Q.3;083 . 2032 71.998 47,005 19,455 363,871 502,329 2033 71,997 47,945 19,466 371,526 510,934 2034 71,993 48,904 19,478 379,334 519,709 2035 53.998 49,882 10.527 396.261 510.668 2-100 2035 53,909 50,880 10,534 404,390 519,803 2037 53,996 5.1,897 0 423,222 529,116 2038 35,939 52,935 0 431,887 520,621 2039 36,001 . 53,994 0 440,321 530,316 2040 36,001 55,074 0 449,127 540,202 2041 17,997 56,175 0 458,110 532,282 2042 18,001 57,299 0 467,272 542,572 2043 18,000 58,4450 476,517 553,062 2044 18,001 59,614 0 486,150 563,764 `property and Sales Tax figures from draft BART Short Range Transit Plan for Fiscal Year 2005-2014 to be adapted by Board of Directors. Property Tax growth rate projected at 2%per year and Sales Tax at 2%per year. 2-10 BOARD OF DIRECTORS OF THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT Resolution No. 4921 DECLARATION OF OFFICIAL INTENT OF SAN FRANCISCO BAY AREA RAPID TRANSIT DIS'T'RICT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF INDEBTEDNESS WHEREAS, the San Francisco Bay Area Rapid Transit District (the "Issuer") intends to acquire, construct and improve transit facilities, including, without limitation, the seismic retrofit of certain structures and the renovation, improvement and/or replacement of certain facilities (hereinafter collectively referred to as the"Project"); WHEREAS,the Issuer expects to pay certain expenditures (the "Reimbursement Expenditures") in connection with the Project prior to the issuance of indebtedness for the purpose of financing costs associated with the Project on a long-term basis; WHEREAS, the Issuer reasonably expects that debt obligations in an amount not expected to exceed $980 million will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, Section 1.154-2 of the Treasury Regulations requires the Issuer to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent borrowing; NOW, THEREFORE, the Board of Directors of the San Francisco Bay Area Rapid Transit District declares: Section 1. The Issuer finds and determines that the foregoing recitals are true and correct. Section 2. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the Issuer to make any expenditure, incur any indebtedness, or proceed with the Project. Section 3. The Issuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. Section 4. This declaration shall take effect from and after its adoption. Passed and .Adopted on June 10. 2004. 2-102 SAN FRANCISCO BAY AREA RAPD TRANSIT DISTRICT TAX KATE.STATEMENT An election will be held in the San Francisco Bay Area Rapid Transit District (the "District" or "BART") on November 2, 2004, to authorize the sale of not to exceed $980 million in general obligation bonds of the District to strengthen, seismically retrofit, improve and replace BART facilities, including the Transbay Tube, serving Alameda, Contra Costa and San Francisco counties. If the bonds are approved, the District expects to sell the bonds in four series over time. Principal and interest on the bonds will be payable: from the proceeds of tax levies made upon the taxable property in the District. Thd following information is provided in compliance with Section 9400-9404 of the Elections Code of the State of California. 1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year atter the sale of the first series of bonds, based on estimated assessedvaluations available at the time of filing of this statement, is $-00485 per $100 ($4.85 per$100,000)of assessed valuation in fiscal year 2005-2006. 2. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is'$.01279 per $100 ($12.79 per$100,000) of assessed valuation in fiscal year 2014-2015. 3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is $.01279 per$100 ($12.79 per $100,000) of assessed valuation in fiscal year 2014-2015. Attention of all voters is directed to the fact that the foregoing information: is based upon the District's projections and estimates only, which are not binding upontheDistrict. The,actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold at any given sale,market interest rates at the time of each bond sale, and actual assessed valuations over the term of repayment of the bonds. The actual dates of sale of said bonds and the amount sold at any given time will be governed by the needs of the District and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined in the annual assessment and the equalization process. Dated. June 10,>.2004 Controller/Treasurer San Francisco Bay Area.Rapid Transit District 2-10 {Adopt and file with the County Registrar of Voters _c•"'�'If~D NOT LATER THAN JUNE 30, 2004) 2004 JuN 2 $ BEFORE THE BOARD OF DIRECTORS OF THE cosv�ELECT �,COUNTY Ba Point Murrici al Adviso Council (Name of District) Resolution Ordering Even-Year Board of Directors) Election; Consolidation of Elections; and ) RESOLUTION Specifications of the Election Order } NO. y ? WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; l and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual assts incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT 1S ORDERED that an election be held within the territory included in this district on the 2Nd day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following specifications: 2-104 .., RE("r--CVED SPECIFICATIONS 4F THE ELECTION ORDER JUN 2 g 2004 CONTRA,GC� (A COUNTY ELECTIONS 1. The Election shall be held on Tuesday, the 2ND day of November, 2004. The purpose of the election is to choose members of the board of directors or counclmembers for the following seats (list offices and terms): Jeffrey S. Stever irr �4 12/03/2004 -- 12/04/2008 1 y y � R•r � gton .� 12/03/2004 �r 12/04/2008 # Norma A. Siegfried .rt 'I " I2/O3/2OO4 - 12/{}4/2008 2. This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 3. The district will reimburse the county for the actual cast incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The district has determined that thewill pay for the Candidate's Statement. The (District or Candidate) Candidate's Statement will be limited to (200, 300 or 400 words). S. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director\) seconded by DirectorS"AAL � ' "v?, at a regular meeting on this Ist NQk day of .lune 2004, by the following vote- AYES NOES ASSENT: 36 (Secretary of s ` rict) � 2 of 2 t\cccsgi01\Shared Docurrents\ELECTION12004t110204�Special Districts\District Resolution Even Year.doc 2-1( ......... ......... ......... .._........_.... .. .... ..... _...... ......... ......_.. .. ._...._.. .... .__.. .. __.. _ _ RESOLUTION NO. 040617 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT ORDERING EVEN-YEAR BOARD OF DIRECTORS ELECTION, CONSOLIDATION OF ELECTIONS; AND SPECIFICATIONS OF THE ELECTION ORDER WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in,a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district on the 2"d day of November, 2004, for the h purpose of electing members to the board of directors of said district in accordance with the following specifications: ?-106 SPECIFICATIONS OF THE ELECTION ORDER The Election shall be held on Tuesday, the 2nd day of November, 2004. The purpose of the election is to choose members of the board of directors or councilmembers for the following seats (list offices and terms): Director-Four (4) year term Director- Four (4) year term Director-Four (4) year term This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. The district will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. The district has determined'that the candidate will'pay for the Candidate's Statement. The Candidate's Statement will be limited to 200 words. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director Lawry and seconded by Director Phippen, at a regular meeting on the 17'h day of June, 2004, by the fallowing vote: AYES: 5 NOES 0 ABSENT: 0 Attest: Sally Ko n District Secretary Craig dborg B1MI1Y Board Presid 2-10 ......... ......... .._...._. _ ..._..... _._.._... ....... ......... ...._..... .__..... . ._... ....._.. ._. ......... .._._.__. .................. ..... ........ . . 1) LU 1 V u 4 J VJMitl uliull ut. Ilid Bj Ilflbdliu!I UI I flu t7JJ r I �b ON p�5 July 28, 2004 Ms. Sue Olvera r Contra Costa County Board ofDirectors: Registration-Election Department $rent Gilbert 524 Main Street Gerald E.Ternsnl Martinez, CA 94553.1140 Tim Maggiore Mark Franco Charles Spatarore If Via Facsimile and U.S. Mail General Manager: RE: My letter dated June 28, 2004. Rick L Gilmore Dear Ms. Olvera" Ofce Manager: Please disregardthe quallf"tion requirements on my letter of June 2e, 2004. Betty Compilli Enclosed you will find Byron Bethany Irrigation District's Resolution 2003-16, adopted by the Byron Bethany Irrigation District Board of Directors on June Ie, 2003, which amends Section §21100 of the California Water Code. This resolution changed the landowner requirements for the District from"a person must resident of the Division" to °a person who meets the landownership requirement of Section 20022 of the California Water Code and resides in the County of Alameda, Contra Costs or San Joaquin to be a director of the District. Bath Mr.;Franco and Mr. Spatafore Jr. own land within the division they tiave taken out candidate papers for and reside in the appropriate counties. Sorry for any inconvenience my ,lune 28"'letter may have caused. If you have any questions or should need any additional information please don't hesitate to call. Sincerely, Betty Walker Office Manager Enc. (1) Pp.Box 160 + 3944 Main Street Byton,Callfotnia 94514.0160 Telephone(925)634.3534 FAX f925)516.1239 2-108 JU3 -I04UtJ4 -U3 Rm 01 lull Oetild,tt itI ;Oaeivii �s RES0LUTTON 2003-16 IMPLEMENTING SECTION n100,6 OFTHE CALIFORNIA WATER CODE WHEREAS, the Board of Directors sought m amend Section 21100 of tete California Water Code authorizing a person who meets the landownership requirement of Section 21100 and resides in the County of Alameda,Contra Costa or Sara Joaquin to be a director of the District,and; p WHERFAS,A.B. 32%was signed into law and the Statute was amended in 1944 to include specific legislation relating to director requirements for Byron-Bethany Irrigation District,and; WHEREAS,Section 21100.6,specifically related to Byron Bethany Irrigation'district,allows the Board of Directors to adopt a resolution that authorizes a person who meets the landownership requirement of Section 21100 and resides in the County of Alameda,Contra Costa or San Joaquin to be a dire etor of the District,pursuant to certain requirements specified in said Section,and; WHEREAS, pursuant to Section 211406 (d)(1), before considering the adoption of a resolution,the Board of Directors shall provide at least 45 days notice of the public hearing at which time the Board proposes to act on the resolution,and; WHERAS, on April 18, 2003, the General Manager issued a Public Notice to aU registered voters within the District,pursuant to Section 211006(d)(1);and,a notice of the public hearing was given by placing a display advertisement in a newspaper of general circulation pursuant to Section 6063 of the Government Code. NOW TWREFORE, BE IT RESOLVED that the Hoard of Directors of the Byrom-Bethany Irrigation District hereby certifies the public hearing and notice requirements of said hearing were conducted as prescribed pursuant to Section 21140.6;and finds that a protest by 10 percent of the registered voters did not occur which would have prevented the adoption of said resolution. THEREFORl1, BE 1T RESOLVED,pursuant to Section 21100.6 of the California Water Code, the Board of Directors hereby adopts Resolution 2003-1:6 authorizing a person who meets the landownership requirement of Section 20022 of the California Water Code acid resides in the County of Alameda,,Contra Costa nr San Joaquin to be a direcwr of the D strict. 2-10, .......... .............. ................................... .................... JUI . !tt IUU4 y U 4 A M 0 y I U 11 D U t 11 d H y 11115dtluil vl,) I . PASSED AND ADOPTED at a Regolax Board Meeting of the BYRON BEI iAM IRRIGATION DM-MC-T,Board of Directors this 1011,day of jure,200 by the following vote: Ayes: GffbeM Tenrualt MA&M,Franco Noes. Abstained: Absent Spatafore W.jMaj%iore Vice-President of the Board of Directors Byron Bethany Irrigation District ATTE.9T: Secretary Dowd of Directors of Irrigation 1) Secretary y]Bi�gafion Distrkt Byron I�Xtio 1,Betty Walker, Secretary of the Board of Directors of the Byron DedwAy Irrigation District,do hereby cer*that the foregoing Resolution is a true and correct copy entered into the Minutes of the Regular Board Meeting of June 10*, 2003,at which tiow a quonm was preserk,and no motion to amend or rescind the above resolution was made. Secretary of y Irrigation f Directors of n �n Ztrict 6 0 03 Date 2-110 Jun 30 04 04: 15p Contra Costa Elections 925 646 1355 (Adopt and file with the County Registrar of Voters NOT LATER THAN JUNE 30. 2004) 2004 BEFORE THE BOARD OF DIRECTORS OF THE Byron Sanitary District --- (Name of District) Resolution Ordering Even—Year Board of Directors) Electllon; Consolidation of Elections;and ) RESOLUTION Specifications of the Election Order WHEREAS, California flections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election forthat-district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district on the 24D day of November, 2004, for the purpose of electing members to the board of directors of-said.. district in accordance with the following specifications: 1 of 2 2-11 ......... ........... ...... .1111. . ... 1 .................. ......... 11.1.1 _ .1.11.1.. 1.1.1 Jun 30 04 04: 15p Contra Costa Elections 925 646 1385 SPECIFICATIONS OF THE ELECTION ORDER 1. The Election shall be held on Tuesday, the 2"a day of November, 2004. The purpose of the election is to choose members of the board of directors or councilmernbers for the feliowina seats (list offices and terms): .31,13/V-2 — /-7 13/0 .1-1�x(I CS /,�x I 13AOF— 1 .2 A PAI 2. This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 1 04 00. 3. The district will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The district has determined that the i icor l _ will pay for the Candidate's Statement. The (District or Candidate) Candidate's Statement will be limited to__ 9----- (206. 300 or 400 words). S. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory- THE WAS ADOPTED upon motion of Director_ r*�L , THE FOREGOING RESOLUTION SFfCt.4I- seconded by Director ��Ili(!y{�' .at alar meeting on this �7 day of Cr L , 2004,by the following vote: AYES - — NOES ! _ ABSENT: # (Secretary id District) 2 of 2 11cccsgi01%Shared Documents�ELECTIONi2fl04N110204\Speciai Districtskl)istrict Resolution Even Year.doc 2-112 .......... .:.,.::::.... :....... 1111. .;.: {Adopt and file with the County Registrar of Voters NOT LATER THAN LUNE >30, 2004) BEFORE THE BOARD OF DIRECTORS OF THE . Castle Rock-Vater.DistrictCo. 1 n. (Name of District) 4_400 Resolution Ordering Even-Year Board of Directors) Election; Consolidation of Elections; and ) RESOLUTION Specifications of the Election Order ) NO. WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district on the 2N© day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following specifications: 1 of 2 2-11; . . .._.. SPECIFICATIONS OF THE ELECTION ORDER Recolit I. The Election shall be held on Tuesday, the 2"o day of November, 2004. The of th�eiection is to choose members of the board of directors or councilmembers for the% seaa�4(list offices �1'Dl�q UNTy and terms): 2. This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 3. The district will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official 4. The district has determined that the G r will pay for the Candidate's Statement. The (District or Candidate) Candidate's Statement will be limited to ----29v---- (200, 300 or 400 words). S. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. aat�7: THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director seconded by Director � G . at a regular meeting on this day of , 2004, by the following vote: AYES - NOES ABSENT: (Secretary of said District) 2 of 2 \lcccsgt0l\Shared Documents\ELECTIM2004\110204\Special Districts0strict Resolution Even Year.doc 2-114 RECEIVED JUN 0 1 2004 RESOLUTION NO. 2004- 034 CONTRA LINTY RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT REQUESTING CONSOLIDATION OF THE ELECTION OF ITS DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION AND SETTING FORTH DISTRICT REGULATIONS RELATING TO CANDIDATE STATEMENTS WHEREAS, California Elections Code Section14402.5 provides that any district election held on an established statewide election date shall be consolidated with the statewide election; and WHEREAS, California Elections Code Section 14403 provides that whenever an election called by the governing body of a special district, such as the Central Contra Costa Sanitary District, for an office to.be filled which is to appear on the same ballot as the statewide election, the District shall, by resolution, request consolidation of elections for its members to be held on the same day as the Statewide General Election; and WHEREAS, Elections Code Section 13307 provides that each candidate for nonpartisan elective office in any local agency, including special'districts, may prepare a candidate's statement on an appropriate form provided'by the clerk; and WHEREAS, Elections Code Section 13307 further requires that before the nominating period opens the District Board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district. z rt� Central Contra Costa Sanitary District Resolution No. 2004- 034 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Beard of Directors of the Central Contra Costa Sanitary District, that the Board does hereby make the following determination: ¢ IT IS ORDERED that an election be held within the territory included in the Central Contra Costa Sanitary District on the 2nd day of November 2004, for the purpose of electing members to the Board of Directors of Central Contra Costa Sanitary District in accordance with the following specifications. 1. The election shall be held on Tuesday, the 2nd day of November 2004. The purpose of the election is to choose members of the Board of Directors for three (3) seats for four-year terms beginning December 3, 2004 and ending December 5, 2008. 2. The Central Contra Costa Sanitary District hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the District, as provided in Elections Code 10400. 3. The Central Contra Costa Sanitary District has determined that the candidate and the Central Contra Costa Sanitary District shall share in the cost of publication of the Candidate Statements. 4. Each candidate shall pay $500 for the cost of publication of his/her respective candidate statement at the time of filing nomination papers, and the balance shall be paid by the Central Contra Costa Sanitary District after the election costs have been determined. 5. Each candidate's statement of qualifications shall be limited to 300 words. 2-116 ......... ......... ......... ......... ......._. ....... ...._..................... ........... _._..._.. ......... ......... ......._. . .. _ _........ ......... ......... ....................................... Central Contra Costa Sanitary District Resolution No. 2004- 034 Page 3 6. The CentralContra Costa Sanitary;District directs that the Contra Costa County Registrar of Voters publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. I BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Contra Costa County Board of Supervisors and to the Elections Department of said County. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 2dh day of May 2004, by the following vote: AYES: Members: Boneysteele, Hockett, Menesini , Nejedly, Lucey NOES: Members: None ABSENT: Members: None resident of th B o Direct s, Central' Contra Costa Sanitary lbistrict, County of Contra Costa, State of California COUNTERS'tGNED: 1,Joyce E.Murphy, Secretary of the Central Contra Costa sanitary District,of the County of Contra f Costa,State of California, do hereby certify that the L foregoing is a full,true,and correct copy of Se re a of the Central on Resolution No.2004-034, passed and adopted by Cot Sanitary District, Coun y of said District Board on May 20,2004. Contra Costa, State of California Dated:5/21/04 ecretary of thA Di-Act r � Approved as to Form: Kenton L. Alm District Counsel ...................11...... ...........11.11......... ............................................... ........................ RESOLUTION NO. 04-17 A RESOLUTION OF THE BOARD OF DIRECTORS OF CONTRA COSTA WATER DISTRICT CALLING FOR AND PROVIDING NOTICE OF A CONSOLIDATED ELECTION TO BE HELD IN FOUR DIVISIONS OF THE DISTRICT ON NOVEMBER 2, 2004 WHEREAS,on February 17, 1999, the Board of Directors of the Contra Costa Water District("District")requested that the Contra Costa County Board of Supervisors take action, pursuant to Elections Code Section 10404, to consolidate future District elections of directors with the statewide general elections held in even-numbered years, and the Board of Supervisors approved said request on April 20, 1999. NOW THEREFORE BE IT RESOLVED by the Board of Directors of Contra Costa Water District that, pursuant to Section 10403 of the Elections Code, the Board of Directors does hereby order and call for an election in four(4)divisions of the District, to be held on November 2, 2004. BE IT FURTHER RESOLVED that the Board of Directors of Contra Costa Water District hereby requests,pursuant to Elections Code Section 10400 et seq. and Section 12112 et seq.,that the Board of Supervisors and the County Clerk of Contra Costa County consolidate said District election with the statewide general election to be held on November 2, 2004, publish notice of said District election and deliver a copy thereof to the Secretary of the District, and issue declarations of candidacy and other documents related to nomination and candidacy for election to the District's Board of Directors, all in accordance with applicable laws. BE IT FURTHER RESOLVED that the divisions of the District in which said election shall be held are Divisions 2, 3, 4 and 5, for which the boundary maps adopted by the Board of Directors on October 3,2001 and June 16,2004 achieve, as far as practicable, equal population based on Census 2002 population data, are attached hereto as Exhibit A and made a part hereof. BE IT FURTHER RESOLVED that the District Secretary is hereby directed to transmit to the County Clerk copies of the following documents: a. Section 2.24 of the District's Code of Regulations (Exhibit B), Chapter 2.24.020.A provides that candidates' statements for inclusion in the voters' pamphlet shall not exceed two hundred (200) words. Chapter 2.24.020.B provides for candidates to pay the' actual prorated cost of printing, handling, translation, and mailing of his or her candidate statement, and to pay the estimated amount of said cost at the time the statement is filed. 2-118 ........... ......... ......... ......... ......... ......... ..... ........ ....... ........ ......... ............................ ......... ......... ......... Resolution No. 04-17 June 16, 2004 Page 2 b. Resolution No. 04-16, adopted June 6, 2004 (Exhibit C), updating the boundaries of Division 5 of the District to include the Kellogg Creek Annexation (LAFC 03-01) and Delta Coves Annexation(LAFC 03-29). The foregoing resolution was duly and regularly adopted at a meeting held on the tt 6'h day of June 2004, by the Board of Directors of Contra Costa Water District by the following vote: AYES Wandry, Anello, Boatun, Burgh, and Campbel NOES: None ABSENT: None Josep"Camell,President AT ST: Lynne C.Holland, District Secretary 2--11' .......................................I................................... .................................... .............................................................. A& RFs WAY NO. 03-04-05 RESOLUTION OF THE DISTRICT BOARD OF DIRECTORS OF THE CROCKETT-VALONA, SANITARY DISTRICT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA I WHEREAS, California Elections Code requires that a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district?* and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submit- ting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this District on the 2nd day of November, 2004, for the purpose of electing members to the Board of Directors of this District in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER 1 . The Election shall be held on Tuesday, the 2nd day of November, 2004. The purpose of the election.is .to choose members of the Board of Directors for the following seats: Director 4 years Director 4 years Director 4 years 2-120 ..............I........ 2. This District hereby requests and consents to the consolida- tion of this election with other elections that may be held in the territory of the District, as provided in Elections Code Section 10400 . 3 . The District will reimburse the County for the actual cost incurred by the County elections official in conducting the general district election upon receipt of a bill stating the mount due as determined by the elections official . 4. The District has determined that the Candidate will pay for the Candidate's Statement. The Candidate's Statement will I be limited to 200 words. 5. The District directs that the County Registrar of voters of Contra Costa County publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FORLWING RESOLUTION was adapted at the District's Regular Meeting 'held on May 19, 2004 by the following vote: AYES: Wolthuis, Tubb, Butler, Dahl., Glover NOES: None ABSENT: None Rod Butler; President ATTEST: Kent eterson District Secretary 2-12 ........................... ........ ............................. ...... ............. DIABLO COMMUNITY SERVICE DISTRICT In the Matter of Calling a RESOLUTION NO 2004-2.Res General Election, and Specifications of the Election Order Whereas California Elections Code requires a general district election be held in each Oi5trict to choose a successor elective officer whose term will expire on the First Friday of December following the election to be held on the First Tuesday after the First Monday in November in each even numbered year; and Whereas other elections may be held in whole or in part of the territory of the district,and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and Whereas Elections Code Section 13307 requires that before the nomination period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidates statement to be sent to the voters; and Whereas Elections Code Sections 12112 requires the elections official of the principal county to publish a notice of the election once a newspaper of general circulation in the district; NOW THEREFORE IT IS HEREBY RESOLVED that an election be held within the territory included in this district on the 2"day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following Specifications. SPECIFICATIONS OF THE ELECTION ORDER I. The elections shall be held Tuesday,the 2"d day of November, 2004. The purpose of the election is to choose members of the board of Directors for the following seats Verne Murray Short Term./ Mary Lee Headen Full Tenn ✓ Robert Nilssen Full Term 2. The governing body hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district as provided in Elections Code Section 10400. 3. The district shall reimburse the county for the actual cost incurred by the county official in conducting the general election upon receipt of a bill stating the amount due as determined by the elections official. 2-122 4. The district has determined that the Candidate will pay for the Candidate's Statement. The Candidates Statement will be limited to two hundred (200) words. 5. The district directs that the County Registrar of Voters of the principal county publish the notice of election in the following newspaper, which is a newspaper of general circulation that is regularly circulated in the territory of Diablo: SAN RAMON VALLEY TIMES. CERTIFICATION I,Richard J. Breitwieser, Secretary of the Diablo Community Service District, do hereby certify that the foregoing Resolution was unanimously passed by the Board of Directors of the Diablo Community Service District at an official public meeting thereof held on May 11, 2004 by the following vote: Ayes: Nilssen,Murray,Haug Noes: None Absent: Headen, Wander Abstain Nome Date: Richard J. Breitwieser Secretary Diablo Community Service District 2-12" ......_.. ......... ......... ......... ......._.....__.... ........... . . _._..... ...._.... ....._... ........................... _......_........ DIABLO COMMUNITY SERVICE DISTRICT In the Matter of Calling a ) RESOLUTION NO 2004-3.Res Special Election, and ) Specifications of the } Election Order } WHEREAS, Elections Code Section 9342 provides for district referendum measure elections and Government Code Section 61601 provides for a Community Service District to call an election in order to submit a question regarding the addition of a purpose or purposes; and WHEREAS Elections Code Sections 10400, 10402, 10403,and 12001 provide that whenever an election is ordered, the governing body of the local jurisdiction shall by resolution call the election and provide for specifications of the election order which shall be delivered to the county election official not less than 88 days prior to the date set for th election; and WHEREAS Elections Code Section 9160 provides that a specific statement must be printed following impartial analysis of the full text if the measure is not printed in the voter information pamphlet; and WHEREAS other elections of other public agencies may need to be held in whole or in part within the territory of the District and it is believed to be to the advantage of the District to consolidate therewith; NOW THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby calls an election to held within the Diablo Community Service District on the 2"day of November, 2004, for the purpose of submitting the following measure to the vote of the voters: to wit Shall the Diablo Community Service District increase its powers and purposes to include the constructing, opening,widening,extending, straightening, surfacing, and maintaining, in whole or in part, of any street in the district, subject to the consent of the governing body of the county or city in which the improvement is to be made? - 3. The above stated measure is the full text of the measure and this board directs" that the full text of the measure shall be printed in the voter information part of the sample ballot. 4. If, as provided in Government Code Section 61601, a majority of the voters 7-124 ..........111.11.1............. ........................ voting on the measure vote in favor of the adoption of the additional purposes or powers,then the district may exercise those purposes and powers subject to the consent of the Board of Supervisors as provided in Government Code Section 616000). 5. This Board hereby requests and consents to the consolidation of the election with other elections to be held in whole or in part in the territory of the District, pursuant to Elections Code Section 10400 et. Seq. 6. The Secretary of this District is ordered to deliver copies of this Resolution, Inot less than 88 days prior to the date set for the election to the County Board of Supervisors and the County Registrar of Voters. 7. This Board requests that the County Registrar of Voters publish the notice of election and notice to file arguments pursuant to Election Code Section 9163 in the following newspaper,which is a newspaper of general circulation that is regulated in the territory: SAN RAMON VALLEY TIMES. CERTIFICATION 1, Richard J. Breitwieser, Secretary of the Diablo Community Service District,do hereby certify that the foregoing Resolution was unanimously passed by the Board of Directors of the Diablo Community Service District at an official public meeting thereof held on May 11, 2004 by the following vote: Ayes: Nilssen,Murray, Haug Noes: None Absent: Headen, Wander Abstain None Date: 4�f Richard J. Breityvieser Secretary Diablo Community Service District 2-121 { ITY SERVICE DISTRICT TRA 2 2Q04 Diablo COMMUNITY cdrvrr�k oos L C-rjoi4S UNrY In the Matter of Calling a } RESOLUTION NO 2004-3.Res Special Election,and ) Specifications of the ) Election Order ) WHEREAS,Elections Code Section 9342 provides for district referendum measure elections and Government Code Section 61601 provides for a Community Service District to call an election in order to submit a question regarding the addition of a purpose or purposes; and WHEREAS Elections Code Sections 10400, 10402, 10403, and 12001 provide that whenever an election is ordered, the governing body of the localjurisdiction shall by resolution call the election and provide for specifications of the election order which shall be delivered to the county election official not less than 88 days prior to the date set for th election; and WHEREAS Elections Code Section 9160 provides that a specific statement must be printed following impartial analysis of the full text if the measure is not printed in the voter information pamphlet; and WHEREAS other elections of other public agencies may need to be held in whole or in part within the territory of the District and it is believed to be to the advantage of the District to consolidate therewith; NOW THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby calls an election to held within the Diablo Community Service District on the 2'day of November, 2004, for the purpose of submitting the following measure to the vote of the voters: to wit Shall the Diablo Community Service District increase its powers and purposes to include the constructing, opening, widening, extending, straightening, surfacing, and maintaining, in whole or in part, of any street in the district, subject to the consent of the governing body of the county or city in which the improvement is to be made? ` 3. The above stated measure is the full text of the measure and this board directs that the full text of the measure shall be printed in the voter information part of the sample ballot. 4. If. as provided in Government Code Section 61601, a majority of the voters 2-126 ..►t1f1j 2 4 2004 CON--pit, .-A L CTIONgOttNTY voting on the measure vote in favor of the adoption of the additional purposes or powers,then the district may exercise those purposes and powers subject to the consent of the Beard of Supervisors as provided in Government Code Section 616000). 5. This Board hereby requests and consents to the consolidation of the election with other elections to be held in whole or in part in the territory of the District, pursuant to Elections Code Section 10400 et. Seq. 6. The Secretary of this District is'ordered to deliver copies of this Resolution, not less than 88 days prior to the date set for the election to the County Board of Supervisors and the County Registrar of Voters. 7. This Beard requests that the County Registrar of Voters publish the notice of election and notice to file arguments pursuant to Election Code Section 9163 in the following newspaper, which is a newspaper of general circulation that is regulated in the territory: SAN RAMON VALLEY TIMES. CERTIFICATION I, Richard J. Breitwieser, Secretary of the Diablo Community Service District, do hereby certify that the foregoing Resolution was unanimously passed by the Board of Directors of the Diablo Community Service District at an official public meeting thereof held on May 11, 2004 by the following vote: Ayes: Nilssen, Murray, Haug Noes: None _ Absent: Headen, Wander Abstain None Date: t # ? kichard J. Br itwxeser Secretary Diablo Community Service District 2-i2, �_=�,�--^_`- _^ -_^_-__-_^--~^__~^^~~-^~~^~ ^ (Adopt and file with the County Registrar of Voters NOT LATER THAN JUNE 30, 20U4 F �� /�PV� \ � ' '`_��. .^ v�_�/ � � '1 � `` ^"' � BEFORE THE BOARD OF DIRECTORS OF THE � � C01,17�� ���) NTY � (Name of District) ' � � Resolution Ordering Even-Year Board ofDirectors } � �� � EW��°"; Consolidation ofElections; and RESOLUTION Specifications ofthe Election Order } NO � WHEREAS. California Elections Code requires a general district election be held in each district to � choose a successor for each elective officer whose term will expire on the first Friday in December following ! the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; � and , � � WHEREAS, other elections may be held Lnwhole orinpart ofthe territory ofthe district and itistothe advantage of the district to consolidate pursuant to Elections Code Section 10400; and � ! WHEREAS, Elections Code Section 10520 requires each district involved in a general election to ' � reimburse the county for the actual costs incurred by the county elections official in conducting the election � for that district; and � , l WHEREAS, Elections Code Section }]307 requires that before the nominating period opens the district � ~ board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent tothe voters; and WHEREAS, Elections Code Section 72112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the ^Iistrjc't; _ NOW, THEREFORE, IT BORDERED that an election be held within the territory included in this district on the 2ND day of November, 2004. for the purpose of electing members to the board of directors of said ! district in accordance with the following specifications: � 2-128 1 of 2 � ` SPECIFICATIONS OF THE ELECTION ORDER JUN 2 9 2004 CONTRA COSTA COUNTY ELECTIONS 1. The Election shall be held on Tuesday, the 2"D day of November, 2004. The purpose of the election is to choose members of the board of directors or counciimembers for the following seats (list offices and terms): Co,_) VI< v- , 6e r— r -� / 0 ' L D 2. This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 0400. 3. The district will reimburse the county for the actual cost incurred by the county'elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The district has determined that the Gt.vL r '. will pay for the Candidate's Statement. The {District o Candidate Candidate's Statement will be limited to t1 LL__ (200, 300 or 400 words). 5. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director Is. ec r CL seconded by Director �c7 r^ Ott Ysr�.yt , at a �elgwlaF meeting on this day of C C.- , 2004, by the following vote: AYES NOES : ABSENT: Qc 6^A (Secreta of said District) 2 of 2 \\cccsglOI\Shared Documents\ELECTION\2004\110204\Special Districts0strict Resolution Even Year.doc 12� .......................................................... ........................................................ ................ ...........................................- JUN 2 8 2004 RA C�S-,A RESOLUTION NO. 2004-6 CONTELECTIONSCOUNTY A RESOLUTION OF THE BOARD OF DIRECTORS OF DIABLO WATER DISTRICT ORDERING EVEN-YEAR BOARD OF DIRECTORS ELECTION; CONSOLIDATION OF ELECTIONS; AND SPECIFICATIONS OF THE ELECTION ORDER WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following an election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate its general district election pursuant to Elections Code Section 10400; and WHEREAS,Elections Code Section 10520 requires each district involved in a general election to reimburse the County for the actual costs incurred by the County elections official in conducting the election for the district; and WHEREAS,Elections Code Section 13307 requires that before the nominating period opens, the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; 2-130 ............. ...................................................................... ............... RESOLUTION NO. 28-04 RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLIN SAN RAMON SERVICES DISTRICT CALLING AND DIRECTING THAT NOTICE BE GIVEN OF AN ELECTION OF THREE DIRECTORS ON NOVEMBER 2, 2004, AND REQUESTING THE BOARDS OF SUPERVISORS OF THE COUNTIES OF ALAMEDA AND CONTRA COSTA CONSOLIDATE THE DISTRICT'S GENERAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE I WHEREAS, pursuant to the provisions of the Community Services District Law, the Elections Cade, and District Resolution No. 2-87, an election is scheduled to be held within the Dublin San Raman Services District on November 2, 2004, for the purpose of electing three members to the District Board of Directors;and WHEREAS, it is desirable that the general District electron be consolidated with the statewide general election to be held on the same date within the Counties of Alameda and Contra Costa; and WHEREAS, by Resolution No. 18-04, which is attached hereto and incorporated herein as Exhibit "A", the District adopted policies and regulations pertaining to candidate's statements to be submitted to the voters at the District election NOW, THEREFORE BE IT RESOLVED by this Board of Directors as follows: Section 1. A general election is hereby called to be held within the Dublin San Ramon Services District, located in portions of Alameda and Contra Costa Counties, on November 2, 2004, for the purpose of electing three members of the District's Board of Directors, and the District Secretary is hereby authorized and directed to give notice of said election in accordance with applicable provisions of law. Section 2. Pursuant to §10403 of the Elections Code, the Boards of Supervisors of the Counties of Alameda and Contra Costa are hereby requested to consent and agree to the consolidation of said general District election to be held throughout the whole of the District with the statewide general election on Tuesday, November 2, 2004, for the purpose of the election of three members to the District Board of Directors. Section 3. The respective Boards of Supervisors' are hereby requested to issue instructions to their respective County Election :Departments to take any and all steps necessary for the holding of the consolidated election in accordance with the general elections law of the State of California. Section 4. The respective County Election Departments are hereby authorized and instructed to canvass the returns of the District general election and submit a certified statement of the results of the election to the District as soon as the result of the canvass is determined. 2-13 Res. No. 28-04 Section 5. At the next regular meeting of the Board of Directors after the receipt from the respective Counties of the certified statements of the results of the election, the Board of Directors shall determine and declare the results of the election, and provide for said results to be included within the minutes of said meeting. Section. 6. The District Secretary is hereby authorized and directed to file a certified copy of this Resolution with the Boards of Supervisors of the Counties of Alameda and Contra Costa and their respective County Election Departments. Section 7. The District recognizes that additional costs will be incurred by the Counties of Alameda and Contra Costa by reason of this consolidation and hereby agrees to reimburse the Counties for such additional actual costs. ADOPTED by the Board of Directors of the Dublin San Ramon Services District, a public agency in the State of California, Counties of Alameda and Contra Costa, at its regular meeting;held on the 1'5'x'day of June 2004 and passed by the following vote: AYES: 5 -Directors Jeffrey G. Hansen, G.T.(Tom) McCormick, Richard W. Rose, Thomas W. Ford, Daniel J. Scannell NOES: 0 ABSENT: 0 Dam-M. Scannell,President ATTEST: i AIS NAL ON F-K IE � t �{:�!r�.�•� f� �! ��� lk. r!l :.,JFJ �.rii:. �S•.l'.�KIiC`4^. ^,C �1,f Nancy GWnble Hatfield,District ecretary " �`' ��� JUN 1 6 fru K:.aoaatx$avca�oo+ws f s-oe��,.o+: 2-132 ;.........;;v.:...::. E 'BIT XHJ A RESOLUTION NO.18-04 RESOLUTION OF THE BOARD OF DIRECTORS OF DUBLINSAN RAMON SERVICES DISTRICT RESCINDING RESOLUTION NO. 46-01 AND ADOPTING REVISED POLICY REGARDING CANDIDATE'S STATEMENTS TO BE FILED' BY CANDIDATES FOR ELECTION TO THE DISTRICT BOARD AND AUTHORIZING THE SECRETARY TO BILL CANDIDATES FOR CERTAIN COSTS WHEREAS, Section 13307 of the Elections Code permits the filing, at the time of filing nomination papers, of a candidate's statement of no more than 200 words by candidates for the District's Board of Directors and authorizes the District to require each candidate who files such a statement to pay in advance a sum not greater than the estimated prorated costs of printing, handling, and mailing such statements, if any, incurred by the District; and WHEREAS, it is in the best interests of the District to require non-indigent candidates who choose to file such a statement to deposit a reasonable sum for these services and for the District to pay the additional costs, if any, incurred as a result of providing such services;and WHEREAS, Elections Code Section 13307 also authorizes the District's Board to set the limitation of words for said statement to 200 words;and WHEREAS, Elections Code Section 133(}7, together with the federal Voting Rights Act of 1965, as amended, requires the County's Elections Official in the Alameda County portion of the District's service area to provide a Spanish and Chinese translation of the candidate's statement, and further requires that in the Contra Costa County portion of the District's service area, the County's Elections Official shall provide a Spanish translation of the candidate's statement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF DLMLIN SAN RAMON SERVICES DISTRICT, a public agency located in the Counties of Alameda and Contra Costa, California, as follov,,s: z-M ....................................... Res.No. 18,04 Section 1. General Provisions. Each candidate at the General Election for the Office of Director of the.District may file a candidate's statement as provided for in Section 13307 of the Elections Code with the Elections a Official from whom the candidate obtains nomination papers and other forms required for nomination to the Office of Director. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 wordsof the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5.00 p.m. of the next working day after the close of the nomination period. Section 2. Foreign Lanwa eg_Policy. A. Pursuant to Elections Code Section 13307(b), the Elections Official is directed and authorized to provide a language translation of the candidate's statement when required by law. B. When voting materials are required by the federal Voting Rights Act of 1965, as amended, to be provided in a language other than English, the District will pay for translating, printing,handling,and mailing the translation of the candidate's statement. C. When voting materials are requested by a candidate to be provided in a language other than English and not required by the federal Voting Rights Act of 1965, the District Secretary is hereby authorized and directed to provide for collection, by the appropriate Elections Official, from each non-indigent candidate who files such a request, a deposit in an amount determined by the Elections official to represent the candidate's pro rata share of the actual cost 2-134 Res. No. 18-04 of translating, printing, handling, and mailing the additional translation of the candidate's statement, and collection of such amount shall be a condition of having the translation of the candidate's statement included in the voter's pamphlet. t Section 3. Advance Deposit and Payment. A. Pursuant to Elections Code Section 13307(c), a local agency may estimate the total cost of printing,handling,and mailing the English version of the candidate's statement filed pursuant to this section. B. The District Secretary is hereby authorized and directed to provide for collection, by the Elections Official, from each non-indigent candidate who files such a statement, a deposit in an amount determined by the Elections Official of each County to represent the candidate's pro rata share of the cost of printing, handling, and mailing, the candidate's statement, and collection of such amount shall be a condition of having the candidate's statement included in the voter's pamphlet. C. If the required deposit or the actual costs for either Contra Costa or Alameda Counties exceeds $600 for the printing, handling, and mailing of the candidate statement in said County, then the proper officers of the District are hereby authorized and directed to pay the difference between the required deposit in that County and$600. D. If the actual cost of the statement in either. County is less than the candidate's deposit in that County, the District Secretary is hereby authorized and directed to make necessary arrangements to refund the amount of the deposit which exceeds said actual cost. i 2-13E ......................................................................................I......... ..................................................................... Res. No. 18-04 Section 4. Indigent Candidates. A. As provided in Section 13309 of the Elections Code, a can didate who alleges to be indigent and unable to pay in advance the requisite deposit for submitting a candidate statement shall submit a statement of financial worth, and such other verifying documentation as the District shall reasonably require,to be used in determining whether or not he or she is eligible to submit a candidate statement without payment of the deposit in advance. Upon receipt of a statement of financial worth, the District shall determine whether or not the candidate is indigent and shall notify the candidate of its findings. If it is determined that the candidate is not indigent," the candidate,shall, within three working days of the notification, either withdraw the statement or pay the requisite deposit. B. The proper officers of the District are hereby authorized and directed to pay the costs incurred by the District for printing, handling, translating, and mailing the statements for indigent candidates. Section 5. Additional Materials. No candidate will be perinitted to include additional materials in the sample ballot. package. Section 6. Rescinding ij-,Previous Policy. Resolution No. 46-01 is hereby rescinded and superseded by this Resolution. Section 7. Application. The provisions of this resolution shall governall elections held beginning in November 2004 for the District's Board of Directors unless and until otherwise modified by this Board. 2-136 4 ..........I....... ....................- Res.No. 18-04 Section 8. Certification and Notice to Counties. The District Secretary shall attest to passage and adoption of this Resolution and provide certified copies to the Elections Officials of the Counties of Alameda and Contra Costa. ADOPTED by the Board of Directors of the Dublin Sari Ramon Services District at its . t adjourned special meeting held on the 3rd of May 2004 and passed by the following voter AYES: S .Jeffrey G. Hansen, G. T. (Tom) McCormick, Richard W. Rose, Thomas W. Ford, Daniel J. Scannell NOES: 0 ABSENT: 0 Daniel T. Scannell President ATTEST: Nancy G.Ha geld,District S' etary H:l$oatd�Drs+fVgCs',200410504-04%CANDST {i Final.doc 2-13 -................. ............................................................................................................. ...............................................I............. V S DUBLIN 7051 Dublin Boulevard Com' ® SAN RAMON Dublin' California 94568 R SERVICES FAX: �25 829 1180 DISTRICT ryq , 925 828 0515 June 16,2004 Mr. Stephen L.Weir,County Clerk Contra Costa County Registration-Election Department 524 Main Street Martinez,CA 94553-1140 Subject: Dublin San Ramon Services District Election-November 2,2004 Dear Mr.Weir: This letter is to notify the Contra Costa County Registration-Election Department that Dublin San Ramon Services District (DSRSD) will hold a consolidated election November 2, 2004. The "Notice to the County Elections Official" fact sheet is completed and attached. The revised "Incumbent List by District" is also enclosed for your information. Please note the following: 1. Three District Director seats are open effective December 2004. 2. DSRSD Directors are elected at-large. 3. Candidates must be registered voters and reside within District boundaries. 4. A boundary map showing the current District boundaries is attached. 1 5. District Resolution No. 28-04 is enclosed and requests consolidation of the District's general election with the statewide general election and outlines the provisions for Payment of Candidates' Statements(see Exhibit"A"-Resolution No. 18-04). Please collect a$600 deposit for the candidate statement charge. As stated in your letter dated May 3, 2004, 1 understand that the Contra Costa County Elections Department will issue all nomination papers. You may contact me at (925) 875-2201 if you have questions or require clarification on the materials submitted. Thank you for your assistance. Very truly yours, NANCY GAMBLE HATFIELDI_k�m District Secretary Enclosures: Resolution No. 28-04 Notice to the County Elections Official Incumbent List by District Boundary Map L­WP51 DOARDF.1c0!0n'3004 81)S11P A.Reg fle"CCC 0D4 P,mo.DOC 2-138 s,.. Ll .......... ....................... RESOLUTION NO. A RESOLUTION OF THE BOARD OF SUPERVISORSOF THE COUNTY OF CONTRA COSTA MAKING FINDINGS WITH RESPECT TO ANIS APPROVING THE. ISSUANCE OF BONGS BY THE. ABAG FINANCING> AUTHORITY FOR NONPROFIT CORPORATIONS—WINDEMERE RANCH WHEREAS, :the _owners of land in Phases 11 through V of the Windemere Ranch development '(collectively, the "Property Owners') have requested that the ABAG Financing Authority For Nonprofit Corporations (the "Authority") consider the establishment of a community facilities district (a "CFD") under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") and the issuance of bonds (the "Bonds") by the CFD to finance various public infrastructure improvements (the "Improvements") necessitated by development occurring in the Windemere Ranch area; and WHEREAS, the County ofContraCosta (the "County");is a member of the Authority; and WHEREAS, the Authority's "Guidelines for Issuance" require, in effect, that the member of the Authority is whose jurisdiction the Development is located adopt a resolution approving the financing of the Improvements by a CFD created and governed by the Board of Directors of the Authority, prior to final consideration of the financing by the Authority; and Section 6586.5(a)(2) of the 'California Government Code (the "Code") requires, in effect, that a local agency within whose boundaries the Improvements are to be located approve the financing and make a finding of significant public benefit after a public hearing held by the Board of Supervisors of the County; and WHEREAS, the proposed financing has been reviewed by the County's Debt Advisory Committee under the County's Financing Policies for Community Facilities Districts (the "Policies»), and the financing is consistent with the requirements of Section VII.B. of the Policies;and WHEREAS, the Board of Supervisors of the County (the "Board") has on this date held a duly noticed public hearing on the financing of the Improvements with the proceeds of the Bonds, as required by the Code; and WHEREAS, the Board now desires to make a finding of significant 'public benefit pursuant to Section 6586.5(a) of the Code, and to approve the financing of the Improvements by a CFD governed by the Board of Directors of the Authority in Girder to satisfy the Guidelines for issuance of the Authority and the requirements of the Code, and so that the financing of the Improvements can be completed; and WHEREAS, the County will have no obligation whatsoever with respect to the formation or administration of the CFC}, or the issuance or repayment of the Bonds. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of C=ontra Costa as follows: 2-135 ............... ............................. -..................................................... .....................................................................................................I.... .... .........................................-.... Section 1. Findings and. Determinations, The Board of Supervisors hereby finds that significant public benefits will arise from the financing of the Improvements with the proceeds of the Bonds, in accordance with Section 6586 of the Code. Section 2. AP - proval of Financing.. The Board of Supervisors hereby approves the establishment of a CFD by the Board of Directors of the Authority, the issuance of the Bonds by the Authority for the CFD, and the financing of the Improvements with the proceeds of the Bonds. I Section 3. Acknowledgement of Land Use Approvals. The County hereby certifies to the Authority that any land use approvals necessary for development in the CFD to occur and the installation of any CFD financed facilities, have been granted (other than design approvals, building permits and other similar approvals, as to which no certification is hereby made), subject to and as more fully described in the Memorandum of Understanding Between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to Development of Dougherty Valley, dated October 15, 1997. Section 4. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPIkOVED AND ADOPTED, by the Board of Supervisors of the County of Contra Costa at a meeting held on the 18th day of my 2004, Cha' , Board of Supervisors of the Co myof Contra Costa ATTEST: may la, 2oo4 County Administrator and Clerk of the Board of Supervisors By: tulLl Deputy Clerk 0ID09.22:J7418 4130/04 -2- 2-140 ............ ....... t".LR:'. I1 i1 1.) A 'I`RUE W? x 72.tility RESOLUTIONNO. 3321-04 N;;:ricival Utility District FDUNG THE BOUNDARIES OF THE WARDS FOR THE PURPOSE OF ELECTING DIRECTORS THEREFROM Introduced by Director Coleman Seconded by Director Foulkes BE IT RESOLVED AS FOLLOWS: Pursuant to the provisions of Section 11823 and Article 2.5(commencing with Section 11850)of Chapter t 3 of Division 6 of the Municipal Utility District Act, and until changed pursuant to said Act, the boundaries of the wards for the-purpose of electing directors therefrom are hereby fixed established as follows: WARD NO. 1 THE BOUNDARY of Ward No. I includes the following 2000 census tracts and blacks in Contra Costa County, State of California,as established by the 2000 decennialfederal census: CENSUS TRACTS: 3560.01, 3580.00,3591.41,3591.02, 3592.03, 3640.01,3640.02,3650.01,3650.02, 3660.01,3660.02, 3671.00,3672.00,3680.00,3690.01,3710.00,3720.00,3730.00,3740.00,3750.00,3760.40,3770.00, 3780.00,3790.00,3800.00,3810.00; Tract 3560.02 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1419,1020,1021, 1022, 1023, 1024,1025,1026,1027, 1028, 1029,2024,2025,2029,2031,2033; Tract 3570.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,1009, 101.0, 1011, 1012, 1013, 1414, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026,1027, 1028, 1029, 1030, 1031, 1999,2003,2004,2005,2006,2007,2008„200-9,2010,2011,2012,2013,3001, 3002,3003,3004,3005,3006,3007,3008,3009,3010,3011,3012,3013,3014, 3015,3016,3017,3018, 3019, 3020,3021,3999; Tract 3592.02 Blocks as follow:2003,2004,3000,3002; Tract 3592.04 Blocks as follow: 1000, 1001, 1002, 1003,2000,2001,2002,3000, 3001,3002;4000, 4001,4002,4003,4004,4045,4006,4007,4008,4009,4010,4011,4014,4015,4016,4017; Tract 3610.00 Blocks as follow: 2041,2042,2043,2045,2046,2047,2048; Tract 3 620.00 Blocks as follow: 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,2000,2001, 2002,2003, 2004,2005,2006,2007,2008,2009,3000, 3001,3002, 3003, 3004,3005,.4000,4001,4002, 4003,4004, 4005,4006,4007,4008,4009,4010; Tract 3630.00 Blocks as follow: 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030. 3005, 3006.3007, 3008, 3009; 2-14" ................................... ..........................-..............-........................................................................... ...........................................................................I.. ..... ......... Tract 3690.02 Blocks as follow: 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 2000,2001,2002,2003, 2004,2005,2006,2007,2008, 2009,2010, 2011, 3000, 3001, 3002,3003, 3004, 3005,3006, 3007, 3008,3009, 3010,3011,3012,3013, 3014,3015,3016; Tract 3700.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019,1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 2000,2001, 2002,2003,2004,2005,2006, 2007,2010,2011,2013,2014,3000,3001, 3002, 3003,3004,3005, 3006, 3007,3008, 300, 3010,3011, 3012, 3013,3014,3015,3016, 3017,3018,3019; Tract 3820.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 2000, 2001,2002, 2003,2004,2005,2006,2007,2008,2009,2010, 2011,2012,2013,2014, 3002,3003, 3004, 3005,3006,3007,3008, 3009,3010, 3011,3012,3013,3014, 3015,3016,3017,3018,3019,3020,3021, 3022,4000,4001,4002,4003,4004,4005,4006,4007,4008,4009,4010,4011,4012,4013,4014,4015, 4016; Tract 3830.00 Blocks as follow: 1000, 1001, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 10 12, 1013, 1014, 1015, 1016, 1017, 1018,2000,2001,2002, 2003,2004,2005,2006,2007,2008,2009, 2010,2011,2012,2013,2014,2015,2016,2017,2018,2019,2020,2021,2022,2023,3000,3001,3002, 3003,3004,3005,3006, 3007, 3008, 3009,3010, 3011,3012,3013,3014,3015,3016,3017,3018,3019, 3020,3021,3022,3023, 3024,3025, 3026,3027,3028, 3029,3030,3031,3032,3033, 3034, 3035,3036, 3039,3040; Tract 3840.00 Blocks as follow: 1002, 1004, 1005, 1006,3013,3014,4000,4001,4002,4003,4004; Tract 3860.00 Blocks as follow: 2002,2003,2006,2007; EXCEPTING FROM the hereinabove described Ward No. 1,the following described parcels of land-, EXCEPTION ONE: All.that parcel of land in Contra Costa County, being a portion of Census Tract 3650.01,described as follows: I BEGINNING at the intersection of the northern line of Lot 225 with the western line of Road 21, as said lot and road are shown on the map entitled, 'Map of the San Pablo Rancho Accompanying and Forming a Part of the Final Report of the Referees in Partition", a certified copy of which map was-filed in the office of the Recorder of Contra Costa County,California,on March 1, 1894, thence southerly along said western line of Road 21 to an intersection with the western production of the northern line of Lot 224 of said San Pablo Rancho; thence easterly along said westerly production to the eastern line of said Road 21; thence northerly along said eastern line of said Road 21 to its intersection with the east right of way line of the Atchison, Topeka and Santa Fe Railway as it now exists; thence northerly along said east right of way line to its intersection with the easterly production of said northern line of Lot 225; thence westerly along said easterly production of Lot 225 to the Point of Beginning. EXCEPTION TWO: All that portion of Census Tract 3650.01, being a parcel of land delineated and designated as "Survey No. 456, Swamp and Overflowed Lands, Contra Costa County", records of said County. 2-142 ............... ................................... ...................................................... ........................ ............ EXCEPTION THREE: All that parcel of land in Contra Costa County,being a portion of Census Tracts 3592.01 and 3592.04 described as follows. BEGINNING at a point on the general westerly boundary line of that annexation to East Bay Municipal Utility District known as Town of Hercules, as annexed by Resolution No. 15962 of the Utility District's Board of Directors dated May 22, 1953 at the most easterly corner of Lot 21 as said lot is shown on the map of Tract 26113; filed June 25, 1958 in Book 70 of Maps at Page 1, Contra Costa County Records; thence southerly along said Town of Hercules annexation to the intersection with the northwesterly boundary line of that annexation to East Bay Municipal g Utility District known as Sunset Boundary Reorganization, as annexed by Resolution No. 29462 of the Utility District's .Board of Directors dated July 22, 1980; thence southwesterly along said Sunset Boundary Reorganization annexation to the intersection with the general northeasterly boundary line of that annexation to East Bay Municipal Utility District known as Faria Ranch Boundary Reorganization, as annexed by Resolution No. 29609 of the Utility District's Board of Directors dated December 9, 1980; thence northwesterly along said Faria Ranch Boundary Reorganization annexation to the intersection with the southeasterly boundary line of the City of Pinole annexation as established by Ordinance No. 92 of the City of Pinole; thence northeasterly along said City of Pinole boundary to the Point of Beginning. EXCEPTION POUR: All that parcel of land in Contra Costa County, being a portion of Census Tract 3591.01,described as follows: BEGINNING at the most southerly comer of Lot 15 as said lot is shown on the reap of Tract 2317, filed January 30, 1958 in book 69 of Maps at Page 3,Contra Costa County Records;thence north 5605V58" east, 10.15 feet to the intersection with the northwesterly boundary line of that annexation to East Bay Municipal Utility District known as Faria Ranch Boundary Reorganization, as annexed by Resolution No. 29609 of the Utility District's Board of Directors dated December 9, 1980; thence southwesterly along said Faria Ranch Boundary Reorganization annexation to the intersection with the easterly line of Pinole Valley Road; thence northerly along said easterly line of Pinole Valley Road to the intersection with the southerly boundary line of that annexation to East Bay Municipal Utility District known as Pinole No. 2, as annexed by Resolution No.. 161175 of the UtilityDistrict's Board of Directors dated October 23, 1:959; thence easterly along said Pinole No. 2 annexation to the Point of Beginning. EXCEP`FIO}N FIVE: All that parcel of band in Contra Costa County, being a portion of Census Tracts 3560.02 and 3592.03,described as follows: BEGINNING at the most southerly corner on the general easterly boundary line of that annexation to East Bay Municipal Utility District known as Town of Hercules, as annexed by Resolution No. 15962 of the Utility District's Board of Directors dated May 22, 1953; thence northwesterly along said Town of Hercules annexation to the intersection with the most easterly comer of that certain annexation to East Bay Municipal.Utility District know as Marsten Ranch, as annexed by Resolution No. 31,986 of the Utility District's Board of Directors dated December 8, 1987; thence southwesterly along the easterly boundary of said anneRatiori (Res. No. 31,986) to its intersection with the boundary line of that certain annexation to East Bay Municipal Utility -- Distnct knot}m as Silver Canyon, as annexed by Resolution No. 22,726 of the Utility Districts Board of Directors dated September 19, 1965; thence along the boundary of said annexation (Res. No. 22,726) southeasterly, southwesterly, northeasterly, southeasterly, southerly, easterly and southwesterly to its intersection with The boundary line of that certain annexation to East Bay NN"Icipal titility D stnct knmNn as Fast Bad, Municipal Utility District Watershed No. 2 2-14: Tract 3400.01 Blocks as follow+:2008,2009,2010,2011,2012, 2013,2014,2015,2016,2017,2018, 2019, 2020,2021,2022,2023,2024,2025,2026, 2027,2028,2029,2030,2031,2032,2033,2034, 2035, 2036, 3000,3001,3002, 3003,3004,3005,3006, 3007,3008,3009; Tract 3451.09 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 2000,2001,2002,2003,2004,2005,2006,2007,2008,2009,2010,2011,2012,2013,3000,3001, 3002, 3003, 3004,3005,3006,3007,3008,3009,3010,3011,3012,3013,3014,3015, 3016,3017, 3018, 3022, 3023,3024,3025,3026, 3027,3028,3029,3030,3031,3032,3033,3034,4000,4001,4002,4003,4004, 4005,4006; 1 Tract 3452.01 Blacks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015,2000.2001,2002,2003,2004,2005,2006,2007, 2008, 2009,2010,:2011, 2012,2013,2014,2015, 2016,2017,2018,2019,2020,2021,2022,2023, 3000,3001,3002,3003,3004, 3005,3006,3007,3008,3009,3010,3011,3012,3013,3014,3015,3016,4000,4001,4002,4003,4004, 4005,4006,4007,4008,4009,4010,4011,4012,4013,4014,4015,4016,4017,5000,5001,5002,5003, 5004,5005, 5006,5007, 5008,5009,5010,5011,5012,5013,5014,5015, 5016,5017,5018,5019, 5020, 5021,5022,5023,5040,5041,5042,5043,5044,5045; Tract 3452.02 Blocks as follow: 2000,2001,2002,2003,2004,2005,2006,2007,2008,2009,2010, 2011,2012,2013,2014,2015,2017; Tract 3461.01 Blocks as follow:3000,3001,3002,3003,3004,3005,3006,3007,3008,3009,3010, 3011,3012,3013,3014,3015,3016, 3017,3018;3019,3020,4000,4001,4002,4003,4004,4005,4006, 4007,5002,5003,5004,5005,5006, 5007,5008,5009,5010,5011, 5012; Tract 3470.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020,1€121, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030), 1031, 1032, 1033, 1934, 1035, 1036, 1037, 1038, 1039,2004,2006,2007,200$,2009, 2010,2011,2012,2013,2014,2015,2016,2017,2018; Tract 3486.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,2000,2001,2002,2043,2004,2005,2006,2007,2008,2009, 2010,2011,2012,2013,2014,3000,3001,3002,3003,3004,3005,3006,3007,3008,3009,3010,3011, 3012,3013,3017,3018,3019,3020; 3021, 3022,3023; Tract 3500.00 Blocks as follow: 1000,1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,2000,2001, 2002,2003,2004,2005;2006,2007,2013,2014,4000,4001,4002,4003,4004,4005,4006,4007,4012, 4998,4999; Tract 3512.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,2000,2001,2002,2003, 2004,2005,2006,2007,2008,2009,2010,2011,2012,2013,2014,2015, 2016,2017,2018,2019,2020, 2021,2022,2023,2024,3000,.3001,3002, 3003,3004,3005,3009,3010, 3011,3012,3013,3014,3015, Tract 3521.01 Blocks as follow: 1000,2001;2002,2003,2004,2005; Tract 3530.02 Blacks as follow: 1000, 1001, 1008, 1011, 1012, 1013, 1014,2000,2003; Trac! 3540.02 Blocks as follow: 1020, 10271. 1028, 3003; 2-14: _.. Tract 3551.04 Blocks as follow: 1000, 1001,1002,2000, 2001, 2002,2003,2004, 2005,2006, 2007, 2008,2009, 2010,2011, 2012,2013,2014,2015,3000, 3001,3002,3003,3004,3005,3006, 3007,3008, 3009, 3010, 3011, 3012, 3013, 3014,3015,3016,3017, 3018, 30I9,3020,3021,3022,3023, 3024, 3025, 3026,3027,3028,3029, 3030, 3031,3032,3033,3034, 3035, 3036,3037,3038,3039, 3040, 3041,4049, 4076,4077,4078,4082,4083,4084,4085,4086,4087,4088,4089,4090,4091,4092,4093, 4094,4095, 4096,4097,4098,4099,4100, 4101,4102,4103,4104,4105,4106,4107,4108,4109,4110,4111,4112, 4113,4114, 4115,4116,4117,4118,4119,'4120, 4121,4122,4123,4124,4125,4126,4127, 4128,4129, 4130; ' EXCEPTING FROM the hereinabove described Ward No. 2, the following described parcels of land: EXCEPTION ONE`. All that parcel of land in Contra Costa County, being a portion of Census Tract 3420.00,described as follows: BEGINNING at the northwest corner of The Hill Mutual Water Company Unincorporated Territory annexation to East Bay Municipal Utility District,a map of which was recorded in the office of the County Recorder of Contra Costa County under Recorder's Series No. 18353; thence easterly along the northern boundary line of said annexation to the west line of Castle Crest Road and the actual Point of Beginning; thence continuing along said boundary line southerly and northeasterly to the general western line of the San Ramon Valley County Water District annexation to East Bay Municipal Utility District, a map of which was recorded in the office of the County Recorder of Contra Costa County under Recorder's Series No. 63644; thence northerly and westerly along said line to the Point of Beginning. EXCEPTION TWO: All that parcel of land in Contra Costa County, being a portion of Census Tract 3410.00 and 3512.00,described as follows: BEGINNING on the western botmdary line of that annexation to the City of Walnut Creek by City Ordinance No. 661, designated as Dollar Ranch.Annexation to the City of Walnut Creek at the northern boundary line of Parcel One of that annexation to East Bay Municipal Utility District known as Rohrer Drive Unincorporated Territory,a map of which:was Bled in the office of the CountyRecorder of Contra Costa County on June 24, 1974 under Recorder's Series No. 53202; thence northwesterly and southwesterly along said western line of the Dollar Ranch annexation to the eastern line of Parcel No. 2 of that annexation to East Bay Municipal Utility District known as Tice-Colorados Unincorporated Territory, a map of which was filed in the office of the County Recorder of Contra Costa County on September 27, 1949 under Recorder's Series No. 34720; thence southerly and westerly'along the eastern and southern lines of said Parcel No. 2 of Tice-Colorados Unincorporated Territory to the eastern line of that annexation to East Bay Municipal Utility District on October 19, 1931 by Resolution No. 3457 of the Utility District's Board of Directors known as Lafayette County Water District; thence southerly along said eastern line and along the eastern line of that annexation to East Bay Municipal Utility District known as North Moraga Unincorporated Territory,a map of which was filed in the office of the County Recorder of Contra Costa County on January 20, 1948 under Recorder's Series No. 2619 to the northern line of the territory annexed to the East Bay Municipal 'Utility District known as Lafayette Valley Unincorporated Territory a map and description of which said territory was filed in the office of the Recorder of Contra Costa County on October 26, 195 under Recorder's Series No. 65461; thence easterly, southeasterly and westerly along the northern, northeastern and southern lines of said Lafayette Valley Unincorporated Territory to its intersection Nvith the general eastern boundary line of that annexation to East Bay Nluncipal Utility District known as Fonovich Property in the City of Lafayette as annexed by the Utility - b- 2-34£ District's Board of Directors on August 14, 1979; thence southerly along the general eastern boundary line of said Fonovieh Property annexation to its intersection with the general northern boundary line of the aforesaid Parcel One of the Rohrer Drive Unincorporated Territory annexation (Recorder's Series 53202); thence easterly, northerly and southeasterly along the general northern boundary line to the Point of Beginning. EXCEPTION TIDE: All those parcels of land in Contra Costa County, being a portion of Census Tract 3452.02,lying within'a boundary more particularly described as follows: t BEGINNING at the northwest comer of that certain annexation to East Bay Municipal Utility District known as Rassier Ranch Boundary Reorganization as adopted by the District's Board of Directors on September 14, 1988 by Resolution No. LAFC 88-27 also being a point on the easterly rightof way of McCauley Road; thence northerly along said road to the intersection with Diablo Road; thence in a general easterly direction along Diablo Road to the westerly corner of that annexation to East Bay Municipal Utility District known as Diablo Unincorporated Territory; thence southeasterly along the southwesterly boundary line of the last said annexation and along the southwesterly boundary of the annexation to East Bay Municipal Utility District known as Valley Verde Unincorporated Territory to the western boundary line of the annexation to East Bay Municipal Utility District known as Blackhawk Ranch Unincorporated Territory; thence southerly along the last said line to the intersection with the general northerly boundary line of the annexation to East Bay Municipal Utility District known as Sycamore Valley No. 3; thence westerly and northerly along said line to the southeast corner of the aforesaid Rassier Ranch Boundary Reorganization; thence northerly and westerly along said. Rassier Ranch Boundary Reorganization 'boundary line to a point on the east line the Purcell Boundary .Reorganization; thence northerly and westerly along the said Purcell Boundary Reorganization the point of beginning. EXCEPTION FOUR: All those parcels of land in Contra Costa County,being a portion of Census Tracts 3420.00 and 3511.00,lying within a boundary more particularly described as follows: BEGINNING at the northwest corner of The Hill Mutual Nater Company Unincorporated Territory annexation to East Bay Municipal Utility District, a map of which was recorded in the ,office of the Recorder of Contra Costa County under Recorder's Series No. 18353; thence southerly along the boundary of said annexation to the northern line of the Alamo Summit Boundary Reorganization (LAF'C 91-33) annexation to East Bay Municipal Utility District, a map of which is recorded in the nice of the County Recorder of Contra Costa'County, filed .March 2, 1992 under Recorder's Series No. 9247535; thence westerly along the said northern line to the easterly line of the annexation to East Bay Municipal Utility.District known as Dollar Ranch Annexation to the City of Walnut Creek; thence northerly, westerly, northerly' and northeasterly to the aforesaid northwest corner of The Hill Mutual Water Company Unincorporated Territory annexation and the Point of Beginning. EXCEPTION FIVE: All that parcel of land in Contra Costa County, being a portion of Census Tracts 3220.00 and 3260.00, described as follows: ALL that portion of Contra Costa County bounded by that certain annexation to East Bay Municipal Utility District known as Pleasant Hills County Water District as annexed by the District's Board of Directors on January 29, 1941 by Resolution No. 8298 on the south, by that certain annexation to East Bay Municipal Utility District knoivn as Pleasant }fill No. I as annexed by tlye District's Beard of Directors on February 24_ 1956 by Resolution No. 17=165 on 2-147 Tract 4049.00 Blocks as follow: 1000, 1001,2008,2009,2010, 2011,2013; Tract 4054.00 Block as follows:6006; Tract 4060.00 Block as fellows: 3007; Tract 4066.00 Blocks as follow: 1000, 1001, 1002,1003, 1004, 1005,1006,1011, 1012, 1013, 1014, 5000, 50,01, 5002, 5003,5004,5005,5006,5007,5008, 5009,5010, 5015,6000,6001,6402,6003, 6004, 6012,6013, 6014; s Tract 4070.00 Blacks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008; Tract 4079.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1016,2000,2001,2002, 2003,2004,2005,2006,2007,2008, 2009,2010,2011, 2012,3000,3001, 3002,3003,3004,3005,3006, 3007,3008, 3009,3010,3011,3012,3013, 3014,3015; All of the following census tracts and blocks in Contra Costa County, State of California, as established by the 2000 decennial federal census: Census Tracts: 3522.01,3540.01,3602.00; Tract 3452.01 Blocks as follow:5027,5028,5030; Tract 3480.00 Blocks as follow:3014,3015,3016; Tract 3500.00 Blocks as fallow:2008,2009,2010,2011,2012) 3000,3001, 3002,3003,3004,_ 3005, 3006,3007,4008,4009,4010,4011,4013,4014,4015; Tract 3512.00 Blocks as follow:3006,3007,3008; Tract 3521:01 Blocks as follow: 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,2006,2013,2999; Tract 3521.02 Blocks as follow: 1000, 100 1,1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,1012, 1013, 1414, 1998, 1999,2000,2001,2002,2003,2004,2005,2006,3001,3002,3003,3004, 3005,3006,3007,3008,4000,4001,4002,4003,4004,4005,4006,4007,4008,4009,4010,4011,4012, Tract 3522.02 Blocks as follow: 3000,3001,3002,3003, 3004,3005, 3006, 3007,3008,3009,3010, 3011,3012, 3013,3014, 3015,4000,4001,4002,4003,4011,4012; Tract 3530.01 Blacks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008,2000,2001, 2002,2003, 2404, 2005,2006,2007,2008, 2009,2010, 2011, 2012, 2013, 2014,2015,2016,2017,2020, 2021,2022, 2023, 2024,2025, 2026,2027, 2028; h g_ 2-145 Tract 3530.02 Blocks as follow: 1002, 1003, 1004, 1005, 1006, 1007, 1009, 1010,2001, 2002, 2004, 2005, 2006, 2007, 2008, 3000, 3001,3002, 3003, 3004,3005,3006,3007,3008,4000,4001,4002, 4003, 4004,4005,4006; Tract 3540.02 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,1012, 1013, 1014, 1015, 1016, 1017, 1018,,1019, 1021, 1022, 1023, 1024, 1025, 1026, 1029, 1030, 2000,2001,2002,2003,2004,2005,20Q6,2007,2008,3000,3001,3002,3004, 3005,3006, 3007,3008, 3009,3010, 3011,3012,3013, 3014,3015;3016,4000,4001,4002,4003,4004,4005,4006,4007,4008, 4009,4010,4011,4012,4013,4014,4015; Tract 3560.02 Blocks as follow: 1030,2034,2035,2036,2049,2050, 2051,2052,2053,2054, 2055, 2056,2057, 2058,2059,2060,;2061, 2062,2063,2064,2065,2066,2067,2068, 2069, 2070,2071, 2072, 2073,2074, 2075,2077,2081,2082,2995, 2996,2997, 2998,2999; Tract 3592.02 Blocks as follow: 1000, 1001, 2002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, I011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024,2000, 2001,2002, 2005,2006,2007,2008,2009,2010,2011,2012,2013,2014,2015,2016,2017,2018, 2019,2020,2021, 2022,3001,3003,3004,3005,4000,4001,4002,4003,4004,4005,4006,4007,4008, 4009,4010,4011, 4012,4013,4014; Tract 3592.04 Block as follows: 4012,4013; Tract 3 60 1.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 2000,2001, 2002,2003,2004,2005,2006,2007,3000,3002,3043,3004,3005,3006,3007,3008, 3009,3010, 3011, 3012,3013,3014,3015,3016, 3017, 3018, 3019,3020,3021,3022, 3023, 3024,3025, 3026,3027,3028, 3029,3030, 3031,3032,3033,3034,3035,3036,3037,3038,3039,3040, 3041,3042, 3043, 3044; Tract 3610.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 2000, 2001,2002, 2003,2004,2005,2006,2007,2008,2009,2010,2011,2012,2013,2014,2015,2016, 2017,2018,2019,2020,2021, 2022,2023,2024,2025,2026,2027,2028,2029,2030,2031,2032,2033, 2034,2035,2036, 2037,2038,2039,2040,2044; Tract 3620.00 Blocks as fallow: 1000, 1001,1002, 1043; Tract 3630.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017,2000,2001,2002,2003,2004,2005,3000,3001, 3002,3003, 3004,3010-) Tract 3690.02 Block as follows: 1000 EXCEPTING FROM the hereinabove described Ward No. 3; the following described parcels of land: 10- 2-150 ,:::: ::::: :::::::::::««...... .,u� ,..... «...... EXCEPTION ONE: All that portion of land in Contra Costa County, being a portion of Census Tract 3522.02,described as follows: A tract of land containing 0.93 acres conveyed by C. A. Hooper &. Company to Valle Vista School District, described as follows: BEGRiNING at point in the southerly right of way fence of the Oakland, Antioch & Eastern Railway which point bears north 58024'west, 192.55 feet from Station No. 2 of Rancho Laguna de los Palos Colorados Tract No. 2; thence south 37002'west, 160 feet; thence north 50052'west, 269.7 feet; thence north 45021'east, 163.6 feet; thence south 50014'east, 246.2 feet, to the Point of Beginning- EXCEPTION 'IVO: eginning_EXCEPTIONTVO: All that portion of landin Contra Costa County, being a portion of Census Tract 3522.02, described as follows: ALL that parcel'of land described as Lot 31 as delineated upon that certain map entitled, "Pinehurst Unit One'; Contra Costa County, California, filed June 17, 1916 in Map Book 15, Page 306, in the office of the County Recorder of Contra Costa County, State of California,more particularly described as follows: BEGINNING on the west line of Pinehurst Drive as said road is shown on said Map of Pinehurst Unit One at the most easterly corner of said Lot 31, said corner bears south 66030' east, 1115 feet, more or less, from the Section corner common Sections 23, 24, 25 and 26, of Township i south, Range 3 west, Mount Diablo Base and Meridian; thence north 81041' west, 99.25 feet; thence north 8019'east, 36.86 feet; thence south 88030'40"east, 97.05 feet to the aforesaid west line of Pinehurst Drive, thence southerly along said line along the arc of a curve to the right with a radius of 407,12 feet an arc distance of 48.52 feet to the Point of Beginning. EXCEPTION THREE:All that portion of land in Contra Costa County,being a portion of Census Tracts 3530.01 and 3522.02,described as follows: BEGINNING at a point on the southern boundary of that aimexation to East Bay Municipal Utility District known as the Orinda County Water District,as annexed by the District's Board of Directors on May 18, 1934 by Resolution No. 4771 at the western boundary line of that annexation to East Bay Municipal Utility District known as Indian Valley, Unincorporated Territory, a map of which was filed in the office of the County Recorder of Contra Costa County on June 17, 1971 ander Recorder's Series No. 48015; thence northerly to the southeast corner of the Montanera Boundary Reorganization; thence westerly and northerly along the said Montanera Boundary Reorganization to the northerly line of said Orinda County Water District; thence westerly along the southern boundary of the Orinda County Water District annexation to its intersection with the common boundary line between the Counties of Alameda and Contra Costa; thence southeasterly to a point on the northerly line of the Persin Annexation; thence easterly and southerly along said Persin Annexation to the said common boundary line between the Counties'of Alameda and Contra Costa; thence along said common boundary lime to its intersection with the northern boundary line of that annexation to East Bay Municipal Utility District known as East Bay Mimicipal Utility District Watershed No. 3 Unincorporated Territory as annexed by the District's Board of Directors on .Tune 10, 1975 by Resolution No. 27344'; thence arcing said boundary line easterly, southeasterly and easterly to a point on the aforesaid ,,ve.stem boundary of the Indian Valley Unincorporated Territory annexation; thence norlhwesterly zinc}northerly along sznid boundary to the Point of Beginning. 2-15' EXCEPTION FOUR: All that portion of land in Contra Costa County, being a portion of Census Tract 3521.02,described as follows: BEGINNING at the northern corner of the parcel of land described in the deed to Alfred Carr, Jr., et ux, recorded June 22, 1971 in Book 6414 of Official Records, at Page 375; thence southwesterly and southeasterly along the eastern boundary of the Town of Moraga, 2900 feet, more or less, to the northwestern comer of Parcel "B", as shown on that certain map filed May 11, 1971 in Book 16 of Parcel Maps,Page 34; thence leaving said Town boundary north 74058' east, along the northern line of said Parcel "B" and the northern line of Parcel "C", as shown on said Parcel Map 16 P.M. 34, and its eastern extension, 1093.96 feet to a point on the boundary t line of the East Bay Municipal Utility District as established by that certain annexation known as East Bay Municipal Utility District Watershed No. 3 Unincorporated Territory, a map of which was filed in the office of the County Recorder of Contra Costa County in Map Book I of East Bay Municipal Utility District annexations at page 36; thence north, west and north along said boundary line to the Point of Beginning. EXCEPTION FIVE: All that portion of land in Contra Costa County, being a portion of Census Tract 3521.02,described as follows: BEGINNING at the most northerly corner of Renz/Stremel Annexation to East Bay Municipal Utility District,,which is recorded in the office of the County Recorder of Contra Costa County filed on October 7, 1993 under Recorder's Series 93-280555, said point also being on the southern boundary line of the Town of Moraga; thence northwesterly along the said boundary line of the Town of Moraga to the boundary line of East Bay Municipal Utility District as established by that certain annexation known as East Bay Municipal Utility District Watershed No.3 Unincorporated Territory,a map of which was filed in the office of the County Recorder of Contra Costa County in Map Book I of East Bay Municipal Utility District Annexations at Page 36; thence south, southeasterly and westerly along said last boundary to the southwest comer of said Renz/Stremel Annexation; thence northwesterly,westerly and northeasterly, along last said Annexation to the Point of Beginning. EXCEPTION SIX: All that portion of land in Centra Costa County, being a portion of Census Tract 3522.02,described as follows: ALL that portion of Contra Costa County bounded by the boundary between Contra Costa County and Alameda County on the south, the City of Oakland on the west and that certain annexation to East Bay Municipal Utility District known as East Bay Municipal Utility District Watershed No. 3 Unincorporated Territory as annexed by the District's Board of Directors on June 10, 1975 by Resolution No. 27344 on the northeast. EXCEPTION SEVEN: All that parcel of land in Centra Costa County, being a portion of Census Tract 3601.00,described as follows: BEGINNING at the intersection of the northeasterly boundary line of the El Sobrante County Water District, a map of which was filed in the office of the County Recorder of Contra Costa County under Recorder's Series No. 26819 with the northwesterly boundary Iine of the "Bragg Annexation" a map of which is filed in the office of the County Recorder of Contra Costa County" in Book I of EBMUD Maps at .Page 43; thence northwesterly along the northeasterly boundary line of said El Sobrante County Nater District annexation to the most southerly corner of that annexation to the City of Pinole known as the Cole Annexation as established by 01-dinance No. 2-152 M.. :. .......................................................; 136 of the City of Pinole; thence northeasterly along the southeastern boundary line of said Cole Annexation to a point on the southwestern boundary line of the City of Pinole Annexation as established by Ordinance No. 85 of the City of Pinole; thence southeasterly along the southwestern boundary line of said City of Pinole Annexation (Ord. 85) to the northwestern boundary line of the aforesaid "Bragg Annexation" (I EBMUD 43) thence southwesterly along the northwestern boundary line of said"Bragg Annexation" to the Point of Beginning. EXCEPTION EIGHT: All that parcel of land in Contra Costa County, being a portion of Census Tract 3601.00,described as follows: t BEGR4NING at a point on the northeasterly boundary line of that certain annexation to East Bay Municipal Utility District known as El Sobrante County Water District,a map of which was filed March 30, 1972 under Recorder's Series No. 26819 Official .Records of Contra Costa County, said point being also the most southerly comer of that certain annexation to East Bay Municipal Utility District known as a portion of the City of Pinole, Resolution No. 1170 "Bragg Annexation", a map of which was filed April 4, 1977 in Book 1 of East Bay Municipal Utility District Annexation Maps at page 43 Official Records of Contra Costa County; thence northeasterly along the southeasterly boundary line of the aforesaid ".Bragg Annexation" to a point on the southwesterly boundary line of that certain annexation to East Bay Municipal Utility ]district known as the City of Pinole Annexation, Ordinance No. 85 adopted April 25, 1955; thence southeasterly along the southwesterly boundary line of said annexation to the most westerly corner of Parcel One of that certain annexation to East Bay Municipal Utility District known as Pinole Valley Unincorporated Territory, a map of which was filed in the office of the County Recorder of Contra Costa County on March 5, 1968 under Recorder's Series No. 6883; thence easterly along the southern line of said Parcel One to the aforesaid boundary line of the City of Pinole (Ordinance No. 85); thence easterly along said boundary to its intersection with the westernn boundary line of that certain annexation to East Bay Municipal Utility District, known as Adobe Road Annexation,as annexed by Resolution No. 3.2,591 of the Utility District's Board of Directors dated March 10, 1992,; thence southwesterly„ southerly and easterly along said boundary to its intersection with the southwest comer of Parcel Two of that certain annexation to East Bay Municipal Utility District known as Pinole Valley No. 2 Unincorporated Territory,a map of which was filed in the office of the County Recorder of Contra Costa County on February 17, 1969 under Recorder's Series No. 1115 1;thence,easterly along said boundary of Parcel Two (Rec. Sex. No. I l 15 1) to its intersection with the westerly boundary lime of that certain annexation to East Bay Municipal Utility District known as East Bay Municipal Utility District Watershed No. 2 Unincorporated Territory, a map of which was filed in the office of the County.Recorder of Contra Costa County on March 28, 1974 under Recorder's Series No. 22917; thence in a general southerly direction along the general westerly boundary of said annexation (Rec. Ser. No. 22917) to its intersection with the northeasterly boundary line of that certain annexation to East Bay Municipal Utility District known as Cutter Ranch Boundary Reorganization as annexed by Resolution No. 29,770 of the Utility District's Board of Directors dated May 12, 1981; thence northwesterly along,the northeasterly boundary of said annexation. (Res. No. 29,770) to its intersection with the general easterly boundary line of that certain annexation to East Bay Municipal Utility District known as El'Sobtante Hills No. I Unincorporated Territory, a map of which was filed in the office of the County Recorder of .. Contra Costa County on March 7, 1978 in Book 8737, Official Records, at Page 18; thence northwesterly along the northeasterly boundary of said annexation (8737 OR 18) to its intersection with the northeasterly boundary line of the aforesaid El Sobrante County Water Dishy ct annexation (Rec. Ser. No. 26819); thence northwesterly along said boundary to the Point of Beginning. l� - 2-15: EXCEPTION NINE: All that parcel of land in Contra Costa County, being a portion of Census Tract 3560.02,described as follows: BEGDR,UNGat a point on the general northerly boundary line of that certain annexation to East Bay Municipal Utility District known as East Bay Municipal Utility District`Watershed No. 2, a map of which was filed in the office of the County Recorder of Contra Costa County on March 28, 1974 under Recorder's Series No. 22917 said point also being on the general easterly boundary line of that certain annexation to East Bay Municipal Utility District known as Kensington Unincorporated Territory as annexed by the Utility District's Board of Directors by Resolution No.3579 dated January 4, 1932; thence northwesterly along the easterly boundary of € said annexation (Res. No. 3579) to its intersection with the southerly boundary line of that certain annexation to East Bay Municipal Utility District known as Castro Pointe - Carriage Hill South Boundary Reorganization as adopted by the City Council of the City of Richmond on April 16, 1987 under Resolution No. 37/87 (LAFC 86-45); thence northeasterly and southeasterly along said boundary to its intersection with the aforesaid East Bay Municipal Utility District Watershed No. 2 annexation (Rec. Ser. 22917); thence southerly and southwesterly along said boundary to the Point of Beginning. EXCEPTION TEN: All those parcels of land in Centra Costa County, being a portion of Census Tracts 3452.01, 3521.01 and 3521.02, lying outside of the existing East Bay Municipal Utility District "Service Area" as shown on the 1920--.R map entitled "Boundaries and Sphere of Influence", on file at the offices ofEast Bay Municipal Utility District WARD NO.4 THE BOUNDARY of Ward No. 4 includes the following 2000 census tracts and blocks in Alameda County,State of California,as established by the 2000 decennial federal''census: Census Tracts: 4002.00,4003.00,4004`00,4005.00,4006.00,4007:00,4008.00,4009.00,4010.00,4201.00,4202.00, 4203.00,4204.00,4205.00,4206.00,4211.00,4212.00,4213.00,4214.00,4215.00,4216.00,4217.00, 4218.00,4219.00,4220,00,4221.00,4222.00,4223.00,4224.00,4225.00,4226.00,4227.00,4228.00, 4229.00,4230.00,4231.00,4232.00,4233.00,4234.00,4235.00,4236.01,4236.02,4237.00,4238.00, 4239.01,4239.02,4240.01,4240.02,425 1.00; Tract 4001.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1043; Tract 4011.00 Blocks as follow: 1000, 1001, 1002,'1003, 1004, 1005, 1006, 1007, 2000,2001,2002, 3006,4000,4001,4002;40303,4004,4005,4006,4007,4008,4009,4010,4011,41312,4014, 4015,4016, 4017,4018-1 Tract 4012.00 Blocks as follow: 1000, 1001, 1002,"10033, 1004, 1005, 1006,1007, 1008, 1009, 1010, 101 1, 1012, 1013, 1014, 1015, 10716, 2000,2001, 2002, 2003.2004, 2009; 2-254 ...........I..............I.................................................................................................................I...111.1.11,111,11'' ................................................................ Tract 4043.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004; All of the following census tracts and blocks in Contra Costa County, State of California, as established by the 2000 decennial federal census: Census Tracts 3851.00,3852.00,3870.00,3880.00, 3891.00,3892.00, 3901.00,3902.00,3910.00,3920.00; Tract 3560.02 Blocks as follow:2076,2078,2079,2080,2994; Tract 3700.00 Blocks as follow:2008,2009,2012; Tract 3820.00 Blocks as follow: 3000,3001; Tract 3830.00 Blocks as follow: 1002, 3037, 3038; Tract 3840.00 Blocks as follow: 1000, 1001, 1003, 1007,1008, 1009,,101010'11, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020,2000,2001,2002,2003,2004,2005, 2006, 2007, 2008,2009,2010, 2011,2012,2013,3000,3001, 3002,3003,3004,3005,3006,3007, 3008,3009,3010,3011,3012,3015, 30I6,3017,3018,3019,3020, 3021,3022,3023,3024,3025,4005,4006,4007,4008,'4009,4010,4011, 4012,4013,4014,4015,4016,4017,4018,4019; Tract 3860.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018,2000,2001,2004,2005,2008,2009,2010,2011,2012, 2013,2014,2015,3000,3001, 3002,3003,3004, 3005, 3006,3007,3008, 3009,4000,4001,4002,4003, 4004,4005,4006,4007,4008; WARD NO.5 THE BOUNDARY of Ward No. 5 includes the following.2000 census tracts and blocks in Alameda County,State of California,as established by the 2000 decermial federal census: Census Tracts: 4015.00,4016.00,4017.00,4018.00,4019-00,4020.00,4021.00,4022.00,4023.00,4024,00,4025.00, 4026.00,4030.00,4031.00,4032.00,4061.00,4073.00,4088.00,4089.00,4090.00,4091.00,4092.00, 4093.00,4094.00,4095.00,4271.00,4272.00,4273.00,4274.00,4275.00,4276.()0,4277.00,4278.00, 4279.00,4280.00,4281.00,4282.00,4283.01,4283.02,4284.00,4285.00,4286.00,4324.00,4334.00, 4335.00,4358.00,4359M,4360.00,4361-00, Tract 4027.00 Blocks as follow: 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1011, 1032, 1013, - 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 2000, 2001, 2002, 2003,2004,2005,2006, 2007,2008, 2009,2010,2011, 2012,2013, 2014,2015,2016; 2-15! ...................................... .......... .. .. ................................-........... Tract 4028.00 Blocks as follow: 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030; Tract 4033.00 Blocks as follow: 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1999,2000,2001, 2002, 2003, 2004,2005,2006,2007,2008, 2009,2010,2011,2012,2013,2014, 201S,2016, 2017; Tract 4060.00 Blocks as follow: 1000, 1001, 1002, 1003, .1004, 1005, 1006, 1407, 1008, 1009, 1010, 11011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, I048, 1049, 1050, 1051, 1052, 1053, 1054, 105S, 1056, 1057, 1058, 1059, 1998, 1999, 2000,2001,2002,2003,2004, 2005,2006,2007,2008,2009,2010,2011,2012, 2013,2014, 3000, 3001, 3002,3003,3004,3005,3006, 3008,3009,3010,3011,3012,3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020,3021,3022; Tract 4333.00 Blocks as follow: 1005, 1008, 1009, 1010, 1411,3003,3004,3005,3006,4000,4001, 4002,4003,40K 4005,5001, 5002,5003, 5004,5005,5006,6000, 6001,6002, 6003, 6004,6005, 6006, 7000,7001,7002,7003,7004, 7005,7006,7007, 7008,7004,8000,8001,8002,8003,8004,8005, 8006, 8007,8008,8009,8010,8011; Tract 4336.00 Blocks as follow: 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013,3000,3001, 3002, 3003,3004,3005,3006,3007,3008, 3009,3010,3011,3012,4002,4003,4004,4005,4006,4007,4008; Tract 4357.00 Blocks as follow:2000,2001,2002,2003,2004,2005,2006,2407,2008,2009, 3000, 3001,3002,3003,3004,3005,3006,3007,3008,4002,4003,4004,4005,4006,4007,4008,4009,4010, 4011,4012; EXCEPTING FROM the hereinabove described Ward No:5; the following described parcels of land: EXCEPTION ONE:All that parcel of land in Alameda County,being a portion of Census Tract 4324.00, described as follows: ALL that portion of the Southern Pacific Railroad property bounded by the boundary of the City of San Leandro on the north, east, south and west as said boundary was established by City of San Leandro Ordinances 723 N.S.,879 N.S., 1220 N.S. and 1029 N.S. EXCEPTION TWO: All that parcel of land in Alameda County, being a portion of Census Tract 4324.00,described as follows: ALL That unincorporated territory bounded on the north by the City of San Leandro boundary as established by Ordinance 723 N.S.,bounded on the east by the City of San Leandro boundary as established by Ordinance 654 N.S., bounded on the south by the north line of Davis Street, and bounded on the west by the eastern line of that certain annexation to East Bay Municipal Utilit; District known as Davis Street Unincorporated Territory, a map of which was filed December 23, 1962 in Map Book 43, Page 27A, Alameda County Records and by the City of San Leandro boundary as established by Ordinance 879 N.S. l ti 2-156 EXCEPTION THREE: All that area of land annexed to the City of Oakland by City of Oakland Ordinance 47516 CM.S. WARD NO. 6 THE BOUNDARY of Ward No. 6 includes the following census tracts and blocks in Alameda County, State of California,as established by the 2000 decennialfederal census: t Census"Tracts: 4050.00,4051.00,4055.00,4056.04,4057.00,4058.00,4059.00,4062.01,4062.02,4063.00,4064.00, 4065.00,4071 M,4072.00,4074.00,4075.00,4476.00,4077.00,40.78.00,4081.00,4082.00,4083,00, 4484.00,4085.401,4486.00;4087.00,4096.00,4097.44,-4£398.00,4099.030,4104.00,4101 Ao,4102.00, 4103.00,4104.00; Tract 4049.00 Blocks as follow: 1002, 1003, 1004, 1005, 1006, 1007,2000,2001,2002, 2003,2004, 2005,2006, 2007,2012,3000,3001,3002, 3003,3004, 3005,3006, 3007,3008,3009,3010,3011,3012, 3013,3014, 3015,3016,4000,4001,4002,4003,4004,4005,4006,4007,4008,4009,4010,4011,4012, 4013; Tract 4054.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,2000, 2001,2442, 2003,2004,2005,2006,2007,3000,3001, 3002,3003,3044,3005,3006,4000,4001,4002,4003,4004, 4005,4006,4007,5000,5001,5002,5003,5004,5005,5006,5007,60130,6001,6002, 6003, 6004,6005, 6007, 6008,6009,6010; Tract 4066.00 Blocks as follow: 1007, 1008, 1009, 1010,2000,2001,2002,2003,2004,2005,2006,; 2007,3000, 3001,3002,3003,3004,3005,3006,4000,4001,4002,4003,4004,4005,5011,5012,5013, .5014,5016,5017,5018,5019, 5020,5021, 6005,6006,6007,6008,6009,6010, 6011; Tract 40370.00 Blocks`as follow:2000,2001,2002,2003,2004,2005,2006,3000,3001,3002,3003, 3004,3005,3006,300)7,30)08,4040,4001,4002,4003,4004,5000,500#1,5042,5003,5004, 5405,5006, 5007,5008; Tract 4079.00 Blocks as follow: 1012, 1013, 1014, 1015; Tract 4301.00 Black as follows. 1020. WARD NO. 7 THE BOUNDARY of Ward No. 7 includes the following 2000 census tracts and blocks in Alameda County, State of California, as established by the 2000 decennial federal census: - 17 - 2-157 .................................................................................................................... ............................................................................... Census Tracts: 4303.00,4304.00,4305.00,4306.00,4307.00,4308.00,4309.00,4310.00,431 1.00,4321.00,4322.00, 4323.00,4325.00,4326.00,4327.00,4328.00,4330,00,4331.01,4331.02,4332.00, 4337.00,4338.00, 4339.00,4340.00,4352.00,4362.00; Tract 4301.00 Blocks as follow: 1001, 1002, 1003,1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1016, 1018, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1040, 1041, 1042, 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, I059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1997, 1998, 1999; Tract 4302.00 Blocks as follow: 100 1, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012,2000,2001,2002, 2003,2004,2005,2006,2007,2008,2009, 2010, 2011,2012,3000, 3001,3002, 3003, 3004,3005,4000,4001,4002,4003,4004,4005,4006,4007,4008,4009,4010,4011,4012,4013, 4014,5000,5001,5002, 5003,5004,5005,5006,5007; Tract 4312.00 Blocks as follow: 1000, 100 1, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 2000,2001,2002,2003,2004,2005,2006,2007,2008,2009,2010,2011, 2012,2013,2014,2017,2018, 2019,2020,3000,3001,3002,3003,3004,3005,31D06,3007,3008,3009, 3010,3011, 3012,3013,3014, 3015,3016,3017,3018; Tract 4333.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1006, 1007,2000,2001,2002, 2003, 2004,2005,2006,3000,3001,3002,5000; Tract 4336.00 Blocks as follow: 1000, 100 1,1002, 1003, 1004, 1005,2000,2001,2002,2003,2004, 2005,2006,2007,2008,2009,2010,2011,2012,2013,2014,2015,4000,4001; Tract 4351.01 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1032,2002,2003,2004,2005,2006,2007,2008,2009,2010,,2011; Tract 4353.00 Blocks as follow: 1000,2000,2001,2002,2003,2011; Tract 4354.00 Block as follows:2000; Tract 4355.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011,2000,2001,2002,2004,2005,2011, 2012,2013,2014,2015,2016,3001,3002, 3003,3004,3005, 3009,3012; Tract 4356.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 2000,2001,2002,2003,2004,2005, 2006, 2007, 2008,2009, 2010, 2011,2012, 2013, 2014,2015, 3000,3001,3002, 3003,3004, 3005,3006, 3007,3008,3009,3010,4000,4001,4002,4003,4004,4005,4006,4007,4008,4009,4010,4011,5000, 5001, 5002,5003, 5004, 5007, 5008,6000, 6001, 6002,6003, 6004, 6005; Tract 4357.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006,4000, 4001; Tract 4363.00 Blocks as follow: 1001, 1002, 1005, 1006, 1007, 1008, 1009, 1010, 1011 2-158 ....................... ............................. Tract 4364.01 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,2000, 2001, 2002,2003, 2004,2005, 2010,2011, 2012,3000,3001, 3005, 3006,4000,4001,4002,4003; Tract 4364.02 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 2001,2002,2003,2004,2005, 3001,3002, 3003, 3004; Tract 4367.00 Blocks as fallow: 2000,2001,2002,2003,2004, 2005,2006,2015,2016; Tract 4369.00 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007,2000; All of the following census tracts and blocks in Contra Costa County, State of California, as established by the 2000 decennial federal census: Census Tracts: Tract 3451.10 Blacks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009,1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021,2040,2001,2002,2003,2004,2005, 2006,2007,2008,2009,2010, 2011,2012,2013,2014,3000,3001,3002,3003, 3004,3005,3006,3007, 3008,3009,3010; Tract 3452.01 Blocks as follow:5035; Tract 3452.02 Blocks as follow: 1000, 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016,2016,2018,2019,2020,2021,2922, 2023,2024,2025;2026,2027, 2028,2029,2030,2031,2032, 2033,2034,2035,2035,2037,2038,2039,2040,2041, 2042,2043,2044, 2045,2046,2047,2048,2049,2050,2051,2052,2053; EXCEPTING FROM the hereinabove described Ward No.;7,the following described parcels of land: EXCEPTION ONE: All that portion of land in Alameda County, being a portion of Census Tracts 4337.00 and 4338.00,described as follows: ALL that Southern Pacific railroad right of way lying between the east line of Hesperian Boulevard and the south line of Lewelling Boulevard. EXCEPTION TWO: All that portion of land in Alameda County, being a portion of Census Tracts 4337.00 and 4338.00,described as follows: ALL that portion of the Nimitz Freeway bounded on the north by the City of San Leandro boundary as established by Resolution No. 115261 of the Board of Supervisors of Alameda County, bounded on the southwest by the City of.San Leandro boundary as established by Ordinance 1052 N.S.,and bounded on the east by the west line and its prolongation northerly and southerly of the parcel of land conveyed to Mary Graves, et al, by deed recorded on June 21, 1971 under Recorder's Series No_ 71-76203,Official Records of Alameda County. EXCEPTION THREE: All that portion of land in Alameda County, being a portion of Census Tracts 4301.00, described as follows: - 19- 2-159 .......... ........................................................................ ....................................................................................................-................. ............................................................ ALL that portion of Alameda County bounded by the boundary between Contra Costa County and Alameda County on the north, the City of Oakland on the West,those certain annexations to East Bay Municipal Utility District known as East Bay Municipal Utility District Watershed No. 3 Unincorporated Territory as annexed by the Board of Director's on June 10, 1975 by Resolution No. 27344 and East Bay Municipal Utility District Watershed No. I Unincorporated Territory as annexed by the Board of Director's on March 28, 1972 by Resolution No. 26021 on the east and by that certain annexation to East Bay Municipal Utility District known as Chabot as annexed by the Board of Director's on February 13, 1934 by Resolution No. 4648 on the south. , EXCEPTION FOUR: All that portion of land in Alameda County, being a portion of Census Tracts 430 1.00,described as follows: ALL that portion of Alameda County bounded on the north by an annexation to East Bay Municipal Utility District known as Cull Ridge Unincorporated Territory as annexed by the Board of Director's on June 26, 1979 by Resolution No. 29000 and bounded on the west and south by an annexation to East Bay Municipal Utility District known as Castro Valley County Water District as annexed by the Board of Director's on July 17, 1931 by Resolution No. 3302 and bounded on the east by the annexation to East Day Municipal Utility District known as Cull Canyon Unincorporated Territory as annexed by the Board of Director's on July 12, 1977 by Resolution No- 28213 and Cull Canyon Estates Annexation as annexed by the Castro Valley Sanitary District on June 2. 1992 by Resolution No. 2656. The above described parcel is commonly known as the Cull Canyon Regional Recreation Area. EXCEPTION FIVE: All those parcels of land in Contra Costa County, being a portion of Census Tracts 3451.10, 3452.01,and 3452.02,lying outside of the existing East Bay Municipal Utility District"Service Area" as shown on the 1920-R map entitled "Boundaries and Sphere of Influence", on file at the offices of East Bay Municipal Utility District. EXCEPTION SIX- All that parcel of land in Alameda County,being a portion of Census Tract 34301.00 and 5302.00,described as follows: BEGINNING at the southeast corner of that certain annexation to East Bay Municipal Utility District known as Cull Ridge Unincorporated Territory,as annexed by the Utility Districts Board of Directors by Resolution No. 29000 dated June 26, 1979, also being a point on the westerly boundary line of that certain annexation to East Bay Municipal Utility District known as Cull Canyon Estates as annexed by the Castro Valley Sanitary District's Board of Directors by Resolution No- 2656 dated June 2, 1992; thence southerly and easterly,along said boundary to a point on westerly boundary line of that certain annexation to East Bay Municipal Utility District known as Cull Canyon Unincorporated Territory as annexed by the Utility District's Board of Directors by Resolution No. 28213 dated July 12, 1977; then southerly, along said westerly boundary to a point on the boundary line of that certain annexation to East Bay Municipal Utility District known as Castro Valley C.W.D. as annexed.by the Utility District's Board of Directors by Resolution No. 3302 dated July 17, 193 1; thence generally westerly and northerly, along said boundary to the southwest comer of said Cull Ridge Unincorporated Territory annexation; thence easterly, along the southerly line of said annexation, to the said southeast comer of said annexation and the point of BEGINNING. 2-160 ............ ........-... ............................. ................ EXCEPTION SEVEN: All those parcels of land in Alameda County, being a portion of Census Tracts 4341.00, 4302.00, 4312.00, 4351.01, 4353.00, 4354.00, 4355.00, 4363.00, 4364.01, 4364.02, 4367.00 and 4369.0,0, lying outside of the existing East Bay Municipal Utility District "Service Area" as shown on the 1920-R map entitled "Boundaries and Sphere of Influence", on file at the offices of East Bay Municipal Utility District- The official map of the territory included within the East Bay Municipal Utility District, as described above,covering portions of Alameda and Contra Costa Counties and vicinity is on file at East Bay t Municipal Utility District and by reference made a part hereof. Any Resolution,or part thereof, in conflict herewith is hereby repealed and rescinded. ADOPTED THIS 27`b day of April,2004 by the following vote. AYES: Directors Coleman, Foulkes, Linney, McIntosh, Patterson, Richardson, and President Mellon. NOES: None. ABSENT: none. ABSTAIN: N ne; President ATTEST: ec 7:ZDAS FORM AND PROCEDURE: bj,,�General Counsel.... This description was made in conformance with the Professional Land Surveyor's Act in lk� iDu 40 April 2004. LS 4765 _L __- ---� 4-1 --c: - * FCp.313v* Alan R.Duback L.S.4765 Exp_Date 3/31/06 - 21 - 2-161 t:l x;¢1l:`IED A *fXUE Cuklx fx-st B. hiuniciv►t Villity distrie/ RESOLUTION NO. 1141Q-Q4 ORDERING,CALLING, PROVIDING FOR AND DIRECTING THAT NOTICE BE GIVEN OF AN ELEC'T'ION TO BE HELD IN WARDS OF THE EAST BAY MUNICIPAL UTILITY DISTRICT, STATE OF CALIFORNIA,ON TUESDAY, NOVEMBER 2 2004 FOR THE PURPOSE OF ELECTING THREE DIRECTORS, AND CONSOLIDATINGSAID ELECTION WITH THE GENERAL STATE ELECTION TO BE HELD ON THE SAME DATE Introduced by Director Foulkes ; Seconded by Director McIntosh p BE IT ENACTED BY THE BOARD OF DIRECTORS OF EAST BAY MUNICIPAL UTILITY DISTRICT: Section 1. A general election is hereby ordered and called to be held in three(3)wards of the East Bay Municipal Utility District ("District"), State of California, on Tuesday,November 2, 2004, at the time for the holding of the general election provided for by the Elections Code of the State of California, for the purpose of electing three(3)Directors. Section 2. The election hereby called and ordered to be held in three wards of the District including the nomination of candidates and the election of Directors and all matters pertaining thereto, shall be held and conducted and the result ascertained,determined and declared in accordance with the Municipal Utility District Act of the State of California and substantially as herein provided and, except as otherwise provided in said Act and herein, substantially in conformity with the provisions of the Elections Code prescribed for independent nominations and in all other respects as nearly as practicable in conformity with the general election laws of the State of California. Section 3. The election shall be held in District Ward No. 1, Ward No. 5 and Ward No. 6 as said wards have been duly and regularly established by the Board of Directors of the:District. One Director shall be elected from each of Wards 1,5 and 6 at said election, for the term of four(4) years commencing on the first day of January,2045. Each Director shall be a resident and voter in the ward from which the Director is nominated. The ballot in each of the three said wards in which said election shall be held shall contain the names of the persons nominated in that ward. Candidates for the office of Director shall be elected by the voters of the ward from which they are nominated and shall not be voted on at large. Said Directors shall be nominated in accordance with the Municipal Utility District Act and the Elections Code and general election laws, and each nominating paper shall contain the name of the candidate,with such other information as maybe required by said Act, Code and general election laws, and shall be circulated within the ward from which the candidate is to be elected commencing on July 12, 2004 and shall be signed by the number of voters within said ward as required by Section 11850 of said Act. All such nominating papers shall be obtained from and filed with the County Clerk 2-7&2 -� :.., N ...........I....................................................................................................I......-....... .... .................................................................................................................................... ............................. of the county in which the ward is located if the ward is entirely within one county, or from the County Clerk of the principal county containing the majority of the population of the ward from which the candidate is seeking election if the ward is located within two counties, for examination and certification by said County Clerk within the time required by law. Upon such filing of a sufficient nomination paper and declaration of candidacy by any candidate in accordance with applicable law, and the certification of said paper by said County Clerk, the name of the candidate shall go upon the ballot at said general election. Section 4. The election provided for herein is hereby ordered consolidated in accordance with law with the general election to be held in the counties of Alameda and Contra Costa and in the iterritory of the District on November 2, 2004 and the Boards of Super-visors of the counties of Alameda and Contra Costa, respectively, are authorized to have the returns of the District election canvassed with respect to the votes cast in their respective counties and to cause the results of the respective canvass to be certified to the Board of Directors of the District in accordance with law, and such election within the area of the District lying within the counties of Alameda and Contra Costa shall be held in all respects as if there were only one election and only one form of ballot shall be used thereat, and the election precincts,polling places and voting booths shall, in every case, be the same and there shall be only one set of election officers in each of the precincts, and they shall be those selected and designated in accordance with law by the respective counties of Alameda and Contra Costa for said general election. Section 5. The Secretary of the District is hereby directed upon the passage of this Resolution to publish notice of said election once a week for two successive weeks(two publications)in THE OAKLAND TRIBUNE,CONTRA COSTA TIMES,THE MONTCLARION, and in the THE DAILY REVIEW, and such publication shall constitute notice of such election and no other notice of such election need be given. Section 6. At the next regular meeting of the Board of Directors of the District held after receipt of the returns of the canvass by the respective counties of Alameda and Contra Costa, the Board of Directors shall determine the results of the election and shall cause to be spread upon the minutes of said Board a statement of the results of said election, and shall declare elected the candidate receiving the highest number of votes as Director for each of the respective wards for which Directors were to be elected, namely Wards 1, 5 and 6. The Secretary of the District shall issue certificates of election signed by her and duly authenticated immediately following the determination of the result of the election by the Board of Directors. -2- 2-163 . ....................................... ........I............................. ......................I...................... ........ ............ Section 7. This Resolution shall take effect immediately upon its passage. ADOPTED this 8th day of.Tune, 20€74 by the following vote: AYES: Directors Coleman, Foulkes', Linney, McIntosh, Richardson, and Vice President Patterson. NOES: None. ABSENT: President Mellon. tABSTAIN: None. l vice president ATTEST: J Secretary APPROVED AS TO FORM .AND PROCEDURE: General Counsel W.-,RFSOS\ELECTION\CALIJNG.RES.2004.doc 2-164 N : .:::::::...... SecrrtuY East Pad hfunicipal Utility Tliatriet RESOLUTION NO. 33431-04 REQUESTING THE BOARDS OF SUPERVISORS OF ALAMEDA AND CONTRA COSTA COUNTIES TO CONSOLIDATE WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, THE DISTRICT ELECTION TO BE IN THREE WARDS ON THE SAME DATE FOR THE ELECTION OF DIRECTORS t Introduced by Director Foulkes ; Seconded by DirectorMcIntosh WHEREAS the Board of Directors of EAST BAY MUNICIPAL U'T'ILITY DISTRICT has called an election to be herd in Ward Nos. 1,5 and 6 of said District on Tuesday,November 2, 2004, for the purpose of electing Directors from said Wards, as duly and regularly established by the Board of Directors. NOW,THEREFORE',BE IT'RESOLVED AS FOLLOWS: I. Pursuant to the provisions of Section 10403 of the Elections Code of the State of California, the Board of Directors of EAST BAY MUNICIPAL UTILITY.DISTRICT hereby requests the Board of Supervisors of Contra Costa County to consolidate, in accordance with law, the District election to be held in Ward No. I of said'District with the general election to be held on November 2, 2004. 2. The office to be voted on at said election, as the same is to appear on the ballot in said Ward No. 1, is as follows: EAST BAY MUNICIPAL UTILITY DISTRICT Director- Ward No. I Vote for One 3. Pursuant to the provisions of Section 10403 of the Elections Code of the.State of California, the Board of Directors of EAST BAY MUNICIPAL UTILITY DISTRICT hereby requests the Board of Supervisors of Alameda County to consolidate, in accordance with law,the District election to be held in Ward Nos. S and 6 of said District with the general election to be held on November 2, 2004. 2-165 _......_.... _. .. ......... ........_-.... . .. _................ . . __..... .._...... _ ......... ......... ......... ......... ......... ......... ......... .......... ............. . ... ............ 4. The offices to be voted on at said election, as the same are to appear on the ballot in said Ward Nos. 5 and 6 are as follows: FEAST BAY]MUNICIPAL UTILITY DISTRICT Director- Ward No. 5 Vote for One t EAST BAY MUNICIPAL UTILITY DISTRICT Director-Ward No. 6 Vote for One 2-166 ....................................................................................................................... ............................................................................................................................................................................. ...................................... S. The Secretary of the District is hereby instructed to cause a certified copy of this Resolution, together with a certified copy of the Resolution calling said election, to be filed with the Board of Supervisors and with the County Clerk of each county. ADOPTED this 8th day of June, 2004 by the following vote: AYES: Directors Coleman, Foulkes, Linney, McIntosh, Richardson, and Vice President Patterson. NOES: None. ABSENT: President Mellon. ABSTAIN: None. Vice President ATTEST: Secretary APPROVED AS TO FORM AND PROCEDURE: General Counsel W:\RESOSkELECnON\CONSOLI.M.2004.doe -3- 2-167 ............. .......-....1.11.11,11,111,111,11ll.l..,..'',I......... ........ .............................................................................. ................................ .................... Xull ;7,' E'»ei Sts; N;�-irtvai Sat;lith pistrir� RESOLUTION NO. 33432-04 DETERMINING CRITERIA FOR CANDIDATES'STATEMENTS TO BE FILED BY CANDIDATES FOR BOARD OF DIRECTORS AND AUTHORIZING SECRETARY TO BILL CANDIDATES FOR CERTAIN COSTS Introduced by Director Foulkes ; Seconded by Director McIntosh WHEREAS Section 13307 of the Elections Code permits the filing, at the time of filing nomination papers, of a candidate's statement of no more than 200 words by candidates for the District's Board of Directors and authorizes the District to require each candidate who files such a statement to pay in advance a sum not greater than the estimated prorated costs of printing, handling, translating and mailing such statement,if any, incurred by the District, and it is in the best interests of the District to require candidates who choose to file such a statement to pay a reasonable sum for these services and for the District to pay the additional costs, if any, incurred as a result of providing such services and to require nonindigent candidates to pay a deposit towards his or her pro rata share of said costs; and WHEREAS Elections Code Section 13307 requires the County Clerk to provide a Spanish translation of the candidate's statement to those candidates who wish to have one. NOW, THEREFORE,BE IT RESOLVED that each candidate at the November 2, 2004 General Election for the Office of Director of the District may file a candidate's statement of no more than 200 words as provided for in Section 13307 of the Elections Code with the County Clerk from whom the candidate obtains nomination papers and other forms required for nomination to the office of Director. BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to provide for collection by the County Clerk, from each nonindigent candidate who files such a statement, a deposit of$750 towards his or her pro rata share of printing, handling, and mailing the candidate's statement. BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to bill and take all lawful action necessary to collect from each candidate who files such a statement and who fails to pay the deposit as provided for herein, a sum not greater than the actual prorated costs incurred by the District for printing, handling, translating and mailing the candidate's statement, which sum shall not exceed $750 per candidate. 2-168 BE IT FURTHER RESOLVED that in any ward in which voting materials are required by law to be provided in a language other than English, the District will pay for printing, handling, translating,and mailing the translationofthe candidate's statement. BE IT FURTHER RESOLVED that in any ward in which voting materials are not required by law to be provided in a language other than English, the Secretary of the District is hereby authorized and directed to provide for collection by the County Clerk, from each-nonindigent candidate who requests that the:County Clerk send a translation of his or her candidate's statement to all of the voters in the ward in which the candidate is running, a deposit of$750 towards his or her,pro rata share of printing, handling, translating, and mailing the translation of dais or her candidate's statement. BE IT FURTHER RESOLVED that in any ward in which voting materials are not required by law to be provided in a language other than English, if a candidate also requests that the County Clerk send a translation of his or her candidate's statement to all of the voters in the ward in which the candidate is running,the Secretary is hereby authorized and directed to bill and take all lawful action necessary to collect from each such candidate who fails to pay said deposit for the translation, a sura not greater than the actual prorated costs incurred by the District for the printing, handling,translating, and mailing of the said translated statement pursuant to said request, which sum shall not exceed$750 per candidate. BE IT FURTHER RESOLVED that the proper officers of the District are hereby authorized and directed to pay the balance, if any,of said actual costs incurred by the District for printing, handling, translating, and mailing each candidate's statement and to refund any portion of a candidate's deposit which is not expended for printing,handling, translating, and mailing the candidate's statement. BE IT FURTHER RESOLVED that in determining whether a candidate is indigent, the standard which shall be applied shall be the same utilized in the District's Customer Assistance Program. BE IT FARTHER RESOLVED that the Secretary of the District is hereby directed to send a certified copy of this Resolution to the County Clerks of Alameda and Contra Costa Counties. 7 2-169 ................... ......... ............... ............I ................................................................................................................... ....... .......... ...................................................-......... BE IT FURTHER RESOLVED that the provisions of this Resolution shall govern the 2004 election and all subsequent elections for the District's Board of Directors unless otherwise modified by this Board. ADOPTED this 8th day of June,2004 by the following vote: AYES: Directors Coleman, Foulkes, Linney, McIntosh, Richardson, and Vice President Patterson. NOES: None. t ABSENT: President Mellon. ABSTAIN: None. �F� vice President ATTEST: Secretary APPROVED AS TO FORM AND PROCEDURE: --7 General Counsel W.NRI-:SOS\ELECnON1CANSTMTRFS.2004.dw 2-170 1-.1-.1,1.111...................................... ....... .............................................................. rCr EAST BAY REGIONAL PARK''DISTRICT' RESOLUTION NO. 2004-7-156i C J July 20, 2004 rl;L rJEFUTY I:- , APPROVAL OF RESOLUTION ORDERING AND GIVING NOTICE OF AN+' ELECTION TO BE HELD IN THE EAST BAY REGIONAL PARK DISTRICT FOR THE PURPOSE OF SUBMITTING A'PROPOSITION TO THE VOTER'S OF A CERTAIN ZONE'TO LEVY A PARCEL TAX WITHIN SUCH ZONE FOR PUBLIC SAFETY AND ENVIRONMENTAL MAINTENANCE AND REQUESTING THE BOARDS OF SUPERVISORS OF ALAMEDA AND CONTRA COSTA COUNTIES TO CONSOLIDATE THE DISTRICT ELECTION WITH THE STATEWIDE GENERAL ELECTION BEING'HELLS ON NOVEMBER 2, 2004, AND RELATED(MATTERS WHEREAS,at its meeting of July 20, 2004,the Board of Directors considered placement of a measure on the November 2,2004 ballot to request voter approval of a'special'tax within a certain zone of the East Bay Regional Park District, and WHEREAS,the Board Legislative Committee has reviewed this matter at its meetings of 1/17/03, 2/21/03, 52NO3, 7/11/03, 9/17/030 10/15/03, 216/04, 4/16/04,5/14/04, 6/18/04 and 7/9/04,and recommend favorablecons€deration of this item by the Full Beard of Directors,and WHEREAS,the Board of Directors held a noticed public hearing on July 20, 2004, to consider placement of a measure on the ballot of the November 2, 2004'general election seeking voter approval of a proposed excise tax on developed real property within a:;specific zone to pay for public safety operations and environmental maintenance of its parks and trails; and WHEREAS,after holding that hearing the Beard of Directors concluded that additional funding is necessary for public safety operations and environmental maintenance of its parks and trails within a specific area of the District,and WHEREAS,Public Resources Code Section 5566, Government Code Sections 50077 and 53724, California Constitution Article XIII.C, Sect on2(d), and Elections Code Section 9342 authorize the District to levy,an excise taut on real property to generate funds to pap for operation and maintenance of parks and trails, and WHEREAS, Public Resources Code Section 5566 specifically authorizes spacial taxes within zones, and WHEREAS, based on all of the information presented at the July;,20, 2004 Board Meeting,``both written and oral, as reflected in the minutes of the meetings, the Board of Directors finds that under CEQA Guidelines 15060(c)(2)and 15378(b)(4),this:tax does not constitute a project under CEQA and therefore review under CEQA is not required, NOW,THEREFORE, BE IT RESOLVED that the Board ofDirectorsof the East Bay A Regional;Park District,:as follows: CERTIFICATION I, Debra Fassler, Clerk of the Board of Directors of the East Bay Regional Park District, do herebv certify that the above and foregoing is a full, true, and correct copy of Resolution 2004-7-156 adopted by the Board of Directors at a regular meeting held on July 20, 2004. 2-171 '..'.................................................................................................................................................................................. ........................................................................................................... 1 The Board of Directors is authorized to present a proposition to the voters within Zone 1 (described in Exhibit A, attached)for their consideration pursuant to Public Resources Code Section 5566, Government Code Section 50077 and 53724, California Constitution Article X111 C, Section 2(d), and Elections Code Section 9342. 2. A General Election is hereby ordered and called to be held in Zone 1 in the East Bay Regional Park District, State of California, on Tuesday, November 2, 2004, to submit the question set forth in Section 3 hereof to the voters within the District. 3. The ballot proposition shall appear and be printed upon the ballots to be used at the election as follows: PARK ACCESS, WILDFIRE PROTECTION, PUBLIC SAFETY AND ENVIRONMENTAL MAINTENANCE MEASURE. To increase public access to shoreline, hillside, and urban parks and traits, enhance public safety (police and wildfire protection), and provide critical environmental maintenance in Zone 1, (western Alameda and western Contra Costa Counties)of the East Bay Regional Park District,shall a resolution be approved authorizing a parcel tax, based upon occupancy, of$1 per month ($12 per year) per single-family parcel, or 69 cents per month ($8.28 per year) per multi-family unit, to expire in 15 years? 4. The parcel tax to be approved by the voters of Zone I pursuant to Section 3 shall be set forth in Resolution No. 2004-7-157, Exhibit A, attached hereto. 5. The Boards of Supervisors of Alameda and Contra Costa Counties are hereby respectfully requested to conduct such an election on behalf of the District. 6. The Board of Directors requests that said General Election be consolidated with the Statewide General Election to be held on Tuesday, November 2, 2004, pursuant to Elections Code Section 10403, 7. The election to be held in Zone 1 in the District and all matters pertaining thereto shall be conducted in accordance with the general election laws of the State of California, as may be applicable to the District. 8. The Boards of Supervisors of Alameda and Contra Costa Counties are hereby authorized and requested to canvass the returns of said East Bay Regional Park District election with respect to votes cast within said counties for this election and to certify the results of said election to the Board of Directors of the East Bay Regional Park District when such results are available. 9. The East Bay Regional Park District election shall be held in all respects as one election and only one ticket or ballot shall be used thereat and the election precincts, polling places, voting booths and election officials shall be the same as for the Statewide General Election. 10. Notice of the election called by this resolution shall be given by publication of such notice in a newspaper of general circulation published in the District, and such publication shall be deemed sufficient notice of said election (Election Code §12112). 2-172 ..................... .................... ............. 11. Following canvass of the returns and certification of the results of the election by the Boards of Supervisors of Alameda and Contra Costa Counties, a resolution of the results of the District election shall be adopted by the [District Board giving the total votes cast for and against the proposed resolution. 12. All other rules and regulations governed by the Elections Code for the conduct of the Statewide General Election on Tuesday, November 2, 2004, not,specifically cited in this resolution shall be applicable to the district election. 13. The Board authorizes the President of the Board to prepare a written argument in favor of the ballot proposition for each County, on behalf of the full Board of Directors, not to exceed 300 wards. At the discretion of the President of the Board, the argument may also be signed by bona fide associations or by individual voters who are eligible to vote within Zone 1. 14. Funds to cover the District's share of the election costs are appropriated in the District's 2004 budget, and the General Manager is hereby authorized to encumber such funds to pay for costs associated with this action. 15. The Clerk of the Beard is directed to cause the posting, publication, and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the Mate of California. 16. The Clerk of the Board is directed to file a copy of this Resolution with the Alameda County and Contra Costa County Boards of Supervisors and to transmit a copy of this resolution to the Alameda'County Registrar of Voters and the Elections Officer of Contra Costa County on or before August 6, 2004. 17. This resolution shall be effective upon its adoption. Moved by Director Sutter, seconded by Director Sid,and adopted this 201'day of July, 2004, by the following vote: FOR: [Directors Beverly Lane,Ted Radke,Joan Sid, Carol'Severin, Doug Siden John Sutter, Ayn Wieskamp AGAINST: Nene ABSENT: Done ABSTAIN: None 3 2-173 ................ ......................................................................................I....................................................................................................I................................ ....................................-.....-........... Exhibit A EAST BAY REGIONAL PARK DISTRICT RESOLUTION NO. 2004-7-157 July 20, 2004 APPROVAL OF RESOLUTION IMPOSING A 15-YEAR PARCEL TAX IN ZONE I FOR PUBLIC SAFETY AND ENVIRONMENTAL MAINTENANCE SUBJECT TO VOTER APPROVAL BE IT RESOLVED by the Board of Directors of the East Bay Regional Park District, Oakland,California, as follows: Section 1. Findings. A. The East Bay Regional Park District ("District") indudes all of Alameda County and all of Contra Costa County. The District operates 65 regional parks on more than 96,000 acres of parkland and over 1,100 miles of trails. B. In 1988, more than two-thirds of the local voters approved a$225 million bond initiative, Measure AA, that made it possible for the District to purchase select properties and initiate specific programs that are aimed at enhancing the quality of life for residents throughout both Alameda and Contra Costa Counties. Through a combination of careful planning and attracting matching funds from both the public and private sectors, the District has been able to: • Acquire 30,000 acres of new parklands, expanding the Regional Park District from 66,000 acres in 1988 to 96,000 acres today. • Expand the District from 48 to 65 parks, and double the size of a dozen existing parks. • Add more than 100 miles of new trails for walking, riding, and biking. C. The District's revenue for operations and maintenance comes entirely from property taxes, assessments,user fees, interest, and rentattleaserevenues. The District does not have the authority to impose a sales tax, nor does the District receive sufficient revenue from the State to undertake necessary operations and maintenance. D. The boundary of the area referred to as"Zone 1"encompasses the cities of Alameda, Oakland, Piedmont, Albany, Richmond, San Pablo, El Sobrante, Kensington, Berkeley, Emeryville and EJ Cerrito. If approved by the voters of Zone 1, monies will be used to fund projects in the following areas/parks: Alameda Point, Anthony Chabot, Crown Beach, Eastshore State Park, Huckleberry, Kennedy Grove, Lake Chabot, Martin Luther King,Jr. Shoreline, Miller/Knox, Pt. Isabel, Pt. Pinole, Redwood, Roberts, Temescal, Tilden, Tilden Nature Area, Wildcat Canyon, Leona, Brooks Island, Claremont Canyon, Sibley, and Alvarado, and such new parks or properties that may be purchased and/or annexed to parks within this zone. CERTIFICATION 1, Debra Fassler, Clerk of the Board of Directors of the East Bay Regional Park District, do hereby certify that the above and foregoing is a full, true, and correct copy of Resolution 2104-7-I57 adopted by the Board of Directors at a regular meeting held on July 20, 2004. 2-174 ...... .. v..4 .. ......... ............. ................................................ ........ . ............. ....................................................................................................................111.11,11,11, ............ .............................................................................. ................................... Exhibit A E. The Board of Directors("Board") of the District does hereby determine that the cost to provide maintenance and operations of the District's parks and trails located within Zone I exceeds the amount of funds and revenues generated from all other sources of income available for such purpose. The Board does further determine that the imposition of a Public Safety and Environmental Maintenance tax on occupants of residential real property within Zone 1.for a 15-year period, as more fully set forth below, is necessary to maintain safe and usable parks and traits for recreational uses of residents within the District, to open new parks and trails for recreational use, to provide resource projects, and to enhance public access and safety. F. The imposition of a Public Safety and Environmental Maintenance tax in Zone 1 will allow the District to provide essential services to occupants of residential real property within Zone 1 of the District for the next fifteen years, such as critically needed maintenance of the District's infrastructure; resource projects, and public safety and access projects. G. The Board also recognizes that occupants of both residential and non-residential property use the parks and trails. However,the Board has determined that the use of the parks and traits by occupants of residential properties within Zone 1 greatly outweighs the use of parks and traits by occupants of non-residential properties. The most recent Association of Bay Area Government data indicates that 66.6%of residents of Alameda and Contra Costa Counties work in one of the two counties. It would be unfair to tax such persons twice; accordingly,the tax will be on the occupants Of residential:properties in Zone 1 only, and not on occupants of non-residential properties. H. The tax on occupants of multiple family units is approximately 69`% of the taxon occupants of single-family units for two l reasons: (1)multiple family units in Alameda County and Contra Costa County have lower occupant densities than single-family units (2.86 personstunit single family;2.22 persons/unit multiple family); and(2)surveys conducted by the District indicate that actual usage by residents of single-family units is three times higher than similar use by residents of multiple-family units. The District therefore finds it is appropriate to tax multiple family units In Zone I at approximately 69%of the tax on a single family unit, reflecting the lower occupant densities of multiple family units and the survey data showing the parks and trails are used more by single family unit occupants than by multiple family occupants. 1. The tax rates established in this resolution are intended to be proportional to and based on estimates of typical use of and benefit from such facilities by occupants of different residential parcels within the Zone. The rates are not tailored to individual use both because such tailoring is not administratively feasible and because the District must make parks and trails available to all occupants of property equally. J. One or more of the District's parks and/or trails is within ten (10) mites of virtually all occupants of residential properties within Zone 1. K. Each occupant of property derives value from the availability of parks and trails within Zone 1. The value of such facilities is in their availability to all residents, and it would bg unfair to charge their costs only to those persons who actually use the services. Even if such facilities are not presently used by an occupant, they may be used in the future and, in any event, their availability benefits each occupant. The District's parks and traits in Zone I enhance the health, safety, and welfare of all occupants of property in Zone 1 2 2-175 ........................ .................. ............. .......... ........-,''''I'll'',I'll,........... ................................................................................ .............................................................................................................-......... ............................................................... Exhibit A and improve their quality of life both directly and indirectly. The recreational P d opportunities which the parks and trails make available to occupants of property Within Zone 1 are vitally important to the health, safety, and welfare of the occupants. L. Parcels which are unimproved contain no occupants who may avail themselves of park and trail facilities. Accordingly, the Board has determined that owners of unimproved parcels are not subject to the tax. M. Parcels which are improved but vacant contain no occupants who may avail themselves of park and trail facilities. Accordingly, the Board has determined that owners of vacant improved parcels may receive a refund of the tax if they can prove that the parcel was vacant for more than six months during the year in which the tax was imposed, N. Approximately 46%* of the residential units in Zone 1 are owner-occupied. Because this percentage is so high, the overall tax impact is not significantly different if the tax is imposed on occupants as opposed to owners, but the owner is required to collect it. However, nothing in this resolution is intended to preclude owners from recovering the tax from the occupant.- Whether the occupant is charged depends on the occupancy agreement and the requirements of any local rent control board. 0. Itis not feasible for the District to collect the tax from the non-owner occupants on whom it is imposed because the records available to the District do not include the names of non-owner occupants. Therefore, the only practical way to collect a tax imposed on occupants is to collect it from the owners of the occupied properties. If the District contracts with the Counties for collection of the tax on the>regular tax bill, as a convenience for property owners who would be required to submit the tax on behalf of property occupants, the Counties would be authorized to use all methods for enforcing collection pursuant to Government Code Section 5W77, including placing a lien on the property. P. The tax imposed by this resolution is an excise tax on the privilege of using and the use of property for,residential purposes which generates the need for park and trail facilities. It is not a taxon real property, nor is it any other kind of tax on property or the ownership of property. It is not a transaction or sales tax on the sale of real property. Finally, because the tax proceeds are deposited in a special account and the account is restricted for operations and maintenance of park and trail facilities, the tax is a special tax. Section 2. Definitions. As used herein, the following definitions shall apply. A. Wulti-family residential parcel"shall mean all parcels Which are improved with more than one residential unit. B. "Park and trail facilities"shallmean the parks located within Zone 1, i.e.,Alameda Point, Anthony Chabot, Crown Beach, Eastshore State Park, Huckleberry, Kennedy Grove, Lake Chabot,Martin Luther King, Jr.Sho line, Miller/Knox, Pt. Isabel, Pt. Pinole, Redwood, Roberts, Temescal, Tilden, Tilden Nature Area, Wildcat Canyon, Leona, Brooks Island, Claremont Canyon, Sibley, and Alvarado and such new parks or properties that may be purchased and/or annexed to parks within this zone. 3 2-176 .................................. ............................... ............... Exhibit A C. "Occupant"shall mean the person or persons who rent, lease, reside in, or otherwise occupy the real property to which park and trail facilities are available. D. "Operations and maintenance" shall mean all expenses, both direct and indirect, for personnel, services, equipment,and contracts incurred by the District,'including salaries, Benefits, and overhead, required'to operate and maintain the District's parks and trails. E. "towner"shall mean the owner or owners of the real property to which park and trail facilities within Zone'1 are available as shown on Alameda County's and Contra Costa County`s most recent assessment rolls. F. "Single-family residential parcel"shall mean all parcels which are improved with only one residential unit. G. "Year"shall mean the period from July 1 to the following June 30. Section 3. Tax Imposed. An annual park and operations maintenance tax ("tax")in the amounts set forth in Section 4 is hereby imposed on every occupant of real property used for residential purposes within Zone'1 in the District. Where there is more than one person who is an occupant,the tax shall not exceed the amounts set forth in Section 4 for the occupants of any parcel or unit. The tax is an excise taut imposed on the occupant as of July 1 of each year;provided, however, that if any building or structure on any parcel is unoccupied on that date,the tax is imposed on the first occupant occupying the building or structure during the year. Notwithstanding the tax liability of the occupant,the owner of each parcel giving rise to tax liability under this resolution shall be responsible for the collection andfor remittance;of the tax dire and',payable hereunder. The tax required to be collected by the owner constitutes a debt owed by the owner to the District. Section 4. Amount of Tax The amount of the tax shall be$12.00 per year on the occupant of all single-family residential parcels; $8.28 per year on the occupant of a unit located on''a multi-family residential!parcel with two or more units;and$12.00 per year on the occupant of all agricultural or ranch parcels(if a residence'is located on the parcel): There shall be a`50% discount available for an occupant who is a senior'citizen'(age 65 and over) whose annual income is below the State-defined poverty level. Where there is more than one person who is an occupant, the tax on each parcel or unit shall not exceed the amounts set forth above. Section 5. Use of Tax Proceeds. All proceeds of the tax levied and imposed hereunder shall be accounted'for and paid into a special account designated for use of operations and maintenance of park and trail facilities only. Monies in such special account may only be used in the following manner: 4 2-177 Exhibit A A. Park Access, Infrastructure and Safety improvements 57% B. Resource-Related Projects 33% C. Reserve for Unknown Events and Opportunities 10% TOTAL: i 0{3a1� The overall commitment to natural resources shag be no less than 30 percent of the revenue raised by the entire measure. The specific projects for which the proceeds of the tax have been deemed necessary will be described in the Spending Plan to be considered by,the Board of;Directors on August 3, 2004. Each listed project will legally require separatereview and approval by the Board of Directors. Approval of the tax is not the equivalent of approval'of arty specific project listed and is not a guarantee that every project listed>therein will be undertaken and completed in the time frame provided. However, the Board of Directors hereby commits, to the extent allowed by CEQA and similar environmental review laws, to pursuing completion of the listed projects. The Board of Directors will hold annual public hearings on project selections and allocations funded by the Measure. Each year there will be a public accounting of the use of funds during the past year, as required by Government Code Section 50075.3, and approval of the use of funds for the next year, including review by the Board Finance Committee. The Board may hold public forums from time-to-time,whenever questions and/or issues arlse'that merit additional input from the general'public, including stakeholder groups and organizations. Section 6. Determination of 00=aricy Uses The records of the County Assessor of the County of Alameda and the County of Contra Costa as of January 1 of each year and the records of the District and cities located within Zone I shall be used to determine the actual use of each parcel of real property and, for multi-family residential parcels,the number of units, for purposes of determining the tax hereunder. -Section 7. Collection. The tax levied and imposed by this resolution shall be due on July 1 of each year, but it may be paid in two installments due no later than December 14 and April 10. The tax shall be delinquent if not received on or before the delinquency date set forth in the notice mailed to the owner's address as shown on the most current assessment<role of,the Alameda Cowwyty or Contra Costa County Tax Collector and shall be collected from the owner in such a manner and, at such times as the Board may provide. The tax due may, at the option of the Board>and as a convenience for owners who are responsible for collection, be collected from the owner by Alameda County or Contra Costa County in conjunction with, at the same time, in the same manner, and subject to the same penalties as each county's collection of property taxes, as provided by Government Code Section 50077. Section 8. Exemptions, The owner of real property that is unimproved is exempt from collection and payment of the talc. The tax imposed hereby shall not apply to the occupant of any property who, for any reason, is� legally exempt therefrom. 5 2-178 Exhibit A Section 9. Refunds—Improved Parcels. The occupant or owner of an improved parcel,which is unoccupied for at least six months of the year shall receive a refund of any taut paid, provided an application in a form satisfactory to the District's General Manager is filed no later than August 1 for the preceding year for which a refund is sought. Section 10- Refunds—Claim Required. Any person claiming a refund of the tax for any reason not provided herein shall first file a written claim with the Clerk of the Board of the East Bay Regional Paris district on a form specified by the Cleric. Such claim must be filed no later than 100 days after payment of the taut. All claims must be filed by the person who paid the taut or his or her guardian, conservator,or the executor of his or her estate. No claim may be filed on behalf of other taxpayers or a class of taxpayers. Filing of a claim shall be a condition precedent to legal action against the district for a refund of the talc Section>11. Untimely or Unpaid Truces. A ane-time penalty of,ten percent(100%) of the taut due is hereby imposed on all taxpayers who fail to pay the tax provided by this resolution when due. The penalty shall become a part of the tax debt herein required to be paid. In addition, if the tax remains unpaid as of July 1 of the following year,;an additional;penalty of one and one-half percent per month shall accrue on all amounts unpaid.. If collected by the Counties,the provisions of the Revenue and Taxation Code shall be applicable. The amount of any tax or penalty unposed under the provisions of this resolution shall be deemeda debt to the Dist&,, Any person owing money under the previsions of this resolution shall be personally liable for such amount in any action brought in the name of the District for the recovery of the amount owed. The District will be entitled to recover from the person against whom such an action is brought its costs incurred in connection with such action including its reasonable attorney's fees. Section 12. Awr€priations Urnitation. In no case shall the revenues generated by the tax levied and imposed by this resolution exceed the limitation established by Article XIIIB of the Constitution of the State of California. Section 13. Administrative Interpretation. The Board may,by resolution, adopt guidelines for administrative matters related to the interpretation and enforcement of this resolution. Such guidelines may establish new uses or may modify uses listed in Section 5 provided that the maximum for any use can be no more than $12.00 per year. Section 14. Savings Clause. If any provision, sentence, clause, section or part of this resolution is found to be A unconstitutional, illegal'or invalid, such finding shall affect only such provision, sentence, clause, section or part, and shall not affect or impair any of the remaining parts of the resolution. 2-179 ''I'll''....................................................................................................................................................... .............................................................................................................. ............................... Exhibit A Section 15. Authority for Resolution. This resolution is enacted pursuant to the authority of Public Resources Code Section 5566, Government Code Section 50077 and Article XIIID, Section 3(a) of the California Constitution. Section 16. Challenge to Tax. Any action to challenge the tax imposed by this resolution shall be brought pursuant to Government Code Section 50077.5 and Code of Civil Procedure Section 860 et seq. Section 17. Election Required for Tax to be Effective. This resolution shall take effect immediately. Notwithstanding the effective date of this resolution,the tax imposed pursuant to this resolution shall not become effective until submitted to a vote of the electorate at the November 2, 2004 election and approved by two-thirds of the voters voting at the election. Section 18. Effective Date of Tax and 15-Year Sunset. It this resolution is approved by two-thirds of the voters, the tax shall become effective on July 1, 2005 and shall terminate on June 30, 2020. Moved by Director Sutter, seconded by Director Sid,and adopted this 20'h day of July, 2004, by the folkyMng vote: FOR: Directors Beverly Lane, Ted Radke, Carol Severin, Doug Siden, Jean Sid, John Sutter, Ayn Wieskamp AGAINST: None ABSENT: None ABSTAIN: None 7 2-180 .......... .............. EAST BAY REGIONAL:PARK DISTRICT RESOLUTION NO. 004-7-158 July 20, 2014 APPROVAL OF ZONE ONE PARCEL TAX BOUNDARY I WHEREAS, the Board of Directors has determined the need to seek voter approval of a special tax to fund public safety and environmental maintenance of specified parks and trails within a certain zone(Zone 1)of the District, and WHEREAS, the Zane 1 area contains the oldest parks in the system, some dating hack to the 1930s, and the highest population density and park use in the District by the urban communities lining the eastern shoreline of San Francisco Bay, and WHEREAS, the parks and trails in Zone 1 have been identified as having unfunded projects in excess of$85 million in capital projects and over$5 million per year in needed ongoing'operational expenses, and WHEREAS, prior elections in 1998 and 2002 have demonstrated that the voters in Zone 1 understand this need and strongly support a parcel tax measure,and WHEREAS,the proposed tax would be a taut on the occupants of real property for the privilege of using and the use of property for residential purposes which generates the need for parks and trails within the Zone, NOW,THEREFORE, BE 1T RESOLVED that the Board of Directors of the East Bay Regional Park District do hereby approve the boundary of parcel taut Zane 1, encompassing the cities of Alameda, Oakland, Kensington, Ple imont,Albany, Richmond, San Pablo, Berkeley, Emeryville and El Cerrito, and the Community of El aobrante, as outlined on the attached legal description and map, which are attached hereto and made a part of this resolution, and BE IT FURTHER RESOLVED that the Board of Directors of the East Bay Regional Park District do hereby direct that, if approved by the voters of Zone 1, monies generated by this parcel tax will be used to fund projects in the following areas/parks:Alameda Point,Anthony Chabot, Crown`Beach, Eastshore State Park,,Huckleberry, Lake Chabot, Kennedy Grove, Martin Luther King,Jr. Shoreline,Miller/Knox,Pt. Isabel, Pt. Pinole, Redwood, Roberts, Temescal,Tilden, Tilden Nature Area,Wildcat Canyon,,Leona, Brooks Island, Claremont Canyon,'Sibley, and Alvarado, and such new parks or properties that may be purchased andlor annexed'to parks within this zone,and BE IT FURTHER RESOLVED that the General Manager is hereby'authorized and directed, on behalf of the District and in its name, to execute arta deliver such documents and to .. do such acts as may be deemed necessary or appropriate to accomplish the intentions of this resolution. CERTIFICATION I, Debra Fassler, Clerk of the Hoard of Directors of the East Bay Regional Park District, do hereby certify that the above and foregoing is a full true, and correct copy of Resolution 2004-7-3,5$ adopted by the Board of Directors at a regular meeting held on July 24, 2004- 2-181 _ _ _._..... _ ......... ......... ......... ......... ......... ......... ......... ....._... ..._.... ....__.. _.... ......... ......... ......... ......... ......... .. __._ .._...._ ............................................................................................. Moved by Director Sid, seconded by Director'Sutter, and adopted this 20 day of July, 2004, by the following vote: FOR: Directors Beverly Lane, Ted Radke, Doug Siden, Carol Severin, Jean Sid, John Sutter, Ayn Wieskamp AGAINST: None ABSENT: None ABSTAIN: None 2 2-182 Zane 1 Descdption From the paint of origin at the junction of the Contra Costa County line, the Richmond City line and the Pinole City line proceed south-easterly on the Pinole City Fine to Highway 80. Proceed northeasterly on Highway,30 to its intersection with Census Tract 3601 (Appian Way). Follow Census Tract Line (Appian Way) southward to its ,intersection with Census Tract 3602. Follow Census Tract 3602 east to its intersection with Census Tract 3601 (Richmond City line). Follow Census Tract 3601 clockwise along the Richmond City line to its intersection with the boundary of Kennedy Grove Regional Park. Clockwise on the Kennedy grove boundary to the'Richmond»City line. South on the Richmond City line to the Boundary of Tilden Regional Park. South on the boundary of Tilden Regional Park to the junction of the Orinda City line and the Tilden Park boundary. South on the Orinda City line to Lomas Cantadas. West on'Lomas Cantadas to the intersection with grizzly Peak Boulevard. West on Grizzly Peak Boulevard to the Alameda County line. Follow►.the Alameda County line in a southward direction to its intersection with the northernmost boundary of Robert Sibley Volcanic Regional Preserve. Follow the Sibley Preserve boundary clockwise to its intersection with the boundary of Huckleberry Regional Preserve. Fo11ow the boundary of Huckleberry Regional Preserve clockwise to the intersection of Skyline Boulevard, Pinehurst Road and the Alameda County line. Follow the Alameda County fine southeastward to the boundary 4f Redwood Regional Park. 'Follow the Redwood Regional Park boundary clockwise in a southeasterly direction to Pinehurst Road. Pinehurst Road southerly to Redwood brad. Redwood Road southerly to the southernmost boundary of Anthony Chabot Regional Park. Clockwise in a westerly direction on the boundary of Chabot Regional Park to its intersection with the Oakland' City line. Proceed southwesterly in a clockwise direction on the Oakland City line to the intersection of the Oakland City line, the Alameda City line and the Alameda County line. Proceed northerly on the Alameda County line to the Centra Costa'County line and,northerly on the Contra Costa County line to the point of origin. 3 2-183 ........__ _. _ ....... _ .. ....... ................ ......... __ EAST BAY REGIONAL PARK DISTRICT PARCEL TAX ZONE 1 f. LOW E �¢ � "" .�ttsil�7 u S X�, R•' SK1d "f l by k lF� ds + ry rri r .{ r N l•i cy u S.r t` •ifs s 2 a• t � �� � �� sWx! F � -] .,k. ?..#F r sem`•„ r Ir I�1 we a ! �ri J k lf r d vi IL V Fr e+rways 1 hti�r9yf ?EEIRM WardbandsiaK ParUand Olnet Open Space city 9otxxiares P++v owd 2-184 .................... VED J'U'N 2 4 2004 RESOLUTION NO. 2004-09 CONTRA COSTA COt7N y ELECTIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST CONTRA COSTA IRRIGATION DISTRICT ADOPTING THE DIsTRicrs POLICIES AND REGULATIONS PERTAINING TO CANDIDATES STATEMENTS OF QUALIFICATIONS FOR CANDIDATES FOR ELECTIVE OFFICE s WHEREAS, the date set for a General District Election within Divisions 2, 3, 4 and 5 of the East Centra Costa Irrigation District is November 2, 2004, and WHEREAS, Section 13307 of the Elections Code of the State of California provides,that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a local district election, including costs of the Candidates Statement. NOW, THEREFORE, RE IT RESOLVED that the Board of Directors of the East Contra Costa Irrigation District does resolve as follows: SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election held in the East Contra Costa Irrigation District, may prepare a Candidates Statement on an appropriate form provided by the Registrar of Voters in Contra Costa County. Official [declarations of Candidacy for eligible candidates desiring to file may be obtained from the office of the Contra Costa County Clerk at 524 Maim Street, Martinez, California, commencing on July 12, 2004. A Declaration of Candidacy must be filed at the office of the,Contra Costa County Clerk during regular office hours, not later than 5:00 p.m. on August 6 2004 unless the incumbent for such office fails to file, in which event the filing deadline is extended to 5:00 p.m. on August 11, 2004, to non-incumbents only. SECTION 2. CANDIDATE QUALIFICATIONS. To be qualified, a candidate for the office of Director of the East Contra Irrigation District must be a voter and a free- holder of 'land within the District and must be a resident of the Division for the office of Director for which he or she wishes to run. 2-185 r" ."_` D RESOLUTION NO. 2004-08 JUN 2 4 2004 CONTRA GU6 CA COUNTY ELECTIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST CONTRA COSTAIRRIGATION DISTRICT ORDERING EVEN-YEAR BUARD OF DIRECTORS>ELECTION AND CONSOLIDATION OF ELECTION WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Cade Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters and WHEREAS, Elections Code Section 12112 requires the elections official of the principal'county to publish'a notice of the election once in a newspaper of general circulation in the district. NOW, THEREFORE, BE IT RESOLVED that an election be held within the territory included in this district on the 2nd day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following specifications: 1 The Election shall be held on Tuesday, the 2"d day of November, 2004. The purpose of the election is to choose members of the board of directors for the following seats: �.-� a) Division No. 2, Four year term;'December 2004 —2008 b) Division No. 3 Four year term,'b cember 2004 - 2008 c) Division No. 4, Two year tercernber 2004 _ 2005 d) Division No. 5, Four year term,December 2004 - 20108 } 2-186 ::. ::: ,,,: ri 2. The district hereby requests and consents to the consolidation of this election with ether elections which may be held in whole or in part of the territory of the district, as provided in Elections Cade section 10400. 3. The district will reimburse the county for the actual cast incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections Official. 4. The district has determined that the Candidate will pay for the Candidate's statement. The Candidate's Statement will be limited to 250 word's. 5. The district directs that the County Registrar of Voters of Contra Costa County publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. 1, Larry G. Preston, General Manager/Secretary of the East Contra Costa Irrigation District, hereby certify that the foregoing Resolution was duly adopted, on motion made, seconded, and carried by the Board of Directors of the East Contra Costa Irrigation District at the regular meeting of the Board held June 22, 2004, Larry G. Preston General Manager/Secretary 2-187 ................I.................................................................. ........................................................................... ........................................................................... ...... .................................. U (Adopt and file with the County Registrar of Voters vt�o NQTkTER_D_ANJPN�E0 2�004 JUN 2004 CONTRACirCOCI BEFORE THE,BOARD OF DIRECTORS Of THE E'ECTIONS N7'y El Sobran e M .nici all Advisor Council (Name of District) Even-Year Board of Directors) on ordering Resolution OLUTION RES Election; Consolidation of Elections; and 9 (2_2 NO.. Specifications of the Election order general district election be held in each district to WHEREAS, California Elections Code requires a December following elective officer whose term will expire on the first Friday in choose a successor for each the election to be held on the first Tuesday after the first Monday in -numbered November in each even year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and 10520 requires each district involved in a general election to WHEREAS, Elections Code Section curred by the county elections official in conducting the election reimburse the county for the actual costs in for that district, and that before the nominating period opens the district WHEREAS, Elections Code Section 13307 requires r a charge shall be levied against each candidate submitting a candidate's board must determine whethe statement to be sent to the voters; and ires the elections official of the principal county to WHEREAS, Elections Code Section 12112 requ once in a newspaper of general circulation in the district publish a notice of the election within the territory included in this district NOW, THEREFORE, IT IS ORDERED that an election be held w the board of directors of said of electing members to 2004, for the purpose on the 2111) day of November, district in accordance with the following specifications, 2-188 ............... --—-------- SPECIFICATIONS OF THE ELECTION ORDER :,SUN 14 2004 1. The Election shall be held on Tuesday, the 2ND day of November, 2004. The purpose of the election is to choose members of the board of directors or councilmembers for the following seats (list offices and terms): i�1 I r". 13a e -� s jt'} 14 Yl' < ✓ rY/'v ' '- l ae t! Yrs ✓ 1 2. This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 3. The district will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount die as determined by the elections official. 4. The district has determined that the &,y L grg 7-e will pay for the Candidate's Statement. The (District or Candidate) Candidate's Statement will be limited to_. t rL____� (200, 300 or 400 words). 5. The 'district directs that the County<Registrar of Voters of the principal county publish the notice of election lin a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director I O�i V 124 e14 uyt e x seconded by Director 400 e2 tD e 1-(Ie 11 o at a regular meeting on this la /-4 day of M4 Y _ , 2004, by the following vote: AYES : t7 NOES ' — t ABSENT: I ,'. (Secretary of said District) 2 of 2 \\cccsgl01\Shared DocumentslELECTtON\2004\110204\Special Districts0istrict Resolution Even Year.doc 2-189 ......... ......... ......... ......... ..... _... ......... ......... ......... ......... .._..... ._....... _. . _. . ......... . ........ ......... ......... ._..._ . .................................. ........___ 4e e r u-/-> S IRONHOUSE SANITARY DISTRICT RESOLUTION 04-05 RESOLUTION ORDERING EVEN-YEAR A l�EsoL BOARD OF DIRECTORS ELECTION; CONSOLIDATION OF ELECTIONS; AND SPECIFICATIONS OF THE ELECTION'ORDER, WHEREAS, California Elections Code requires-a general district election be held in each district to choose a successor for each elective officer whose term will expire on the f rst oFriday in December following the election to be held on the first Tuesday afterthe first Monday in November in each even-numbered year: WREAS,other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs inured by the county elections official in conducting the election for that district;and WHEREAS, Elections Cade Section 13307' requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters;and WHEREAS,Elections Code Section 22112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included'in this district on the 2°d day of November, 2004,,for the purpose of electing members to the board of directorsof said district in accordance with the following spec ifio tions: SPECIFICATIONS OF THE ELECTION ORDER 1. The Election shall be held on Tuesday,the 2!d day of November, 2004. The purpose of the election is to choose members of the board of directors for the fe l2 is QFFICE TEERI++I OFFICE TERM Director 2 years Director 4 years Director 4 years Director 4 years 2. This district hereby;represents and c<risents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 2-190 ............................................................................................................. ...................I................................................................................... .................................................... 3. The disffict,will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The district has determined that the Candidate will pay for the Candidate's Statement. The Candidate"s Statement will be limited to 200 words. 5. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. 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 Iranhouse Sanitary District at a meeting thereof held on the I st day of June,2004. AYES,and in favor thereof,Members: L. Byer,D. Hardcastle,C. Lauritzen, D. Lew,TvL Painter NOES,Members: none ABSENT,Members: none Secretary Y (SEAL) APPROVEID- ent coMword meeting\res04-05,doc 2 2-191 ............... ...... ....... .........—...I.......... ...........................................................................I ..........I.—....... ...............................................................I ...........—......... ...................... ...... ._....... ......... ......... ......... ......... ......... ......... ......._ .. .. ......... ......... ......... ......... ......... ......... .._......._........ ................................................................_..........._..... ................................. . 4 RESOLUTION 44.0$' RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT ORDERING EVEN-YEAR BOARD OF. DIRECTORS ELECTION; CONSOLIDATION OF ELECTIONS; AND SPECIFICATIONS OF THE ELECTION ORDER WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the Kensington Fire Protection District and it is to the advantage of the District to consolidate pursuant to Elections Code Section;,10444;and WHEREAS, Elections Code Section 10520 requires each; district involvedin a general election to reimburse the County for the actual costs incurred by the County Elections Official in conducting the election for that district;and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens, the Board of Directors of the Kensington Fire Protection District must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Election Code Section 121.12 requires the Elections Official of Contra Costa County to publish a notice of the election once in a newspaper of general circulation within the Kensington Fire Protection District. NOW, THEREFORE, BE IT RESOLVED that an election be held within the territory included in the Kensington Fire Protection District on the 2"d day of November 2044, for the purpose of electing members to the Board of Directors of said district in accordance with the following specifications: Specifications of the Election Order 1. The Election shall be held on Tuesday, the 2"d of November 2444. The purpose of the election is to choose members of the Board of Directors for the fallowing seats: Two Directors each for a Four-Year Full Term A 2. The Kensington Fire Protection District hereby requests and consents to the consolidation of this election with other elections that may be held in whole or in part of the territory of the District, as provided in Elections Code 10400, 2-192 .............................................................................................................................I.....111.111,...... ............................................................................................. Page Two Resolution 04-08 June 9,2004 3. The District will reimburse Contra Costa County for the actual cost incurred by the County Elections Official in conducting the general district election upon receipt of a bill stating the amount due as determined by the Elections Official. 4. The District has determined that the Candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 200 words. 5. The District directs that the County Registrar of Voters of Contra Costa County publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. The foregoing resolution was duly adopted at a regular meeting of the Kensington Fire Protection District on the 0 day of June 2004 by the following vote of the Board. AYES: BOARD MEMBERS tf*4-117 NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS /t�z�s47 J Kosel,President Berton Wilson, Secretary 2-193 .............................................................................................................. ................ ....................................................................................................... ....................... ......1.1111, ----............................................................................................. ................................................................................................................................ ........ .............................................................. /?top, VEO 7 BEFORE THE BOARD OF DIRECTORS OF THE KENSINGTON POLI C% TY6V4 MAY ?004 PROTECTION AND COMMUNITY SERVICES DISTRICT OF TME COUNTY CONTRA COSTA,STATE OF CALIFORNIA In the matter of requesting the County Clerk to render specific election services in connection with a regular election to be held within the District on Tuesday,the 2Id day of November,2004. RESOLUTION 04-07 WHEREAS,two members of the Board of Directors terms will expire on December 1, 2004;and WHEREAS,the District has determined that the Candidate will pay for their Candidate's Statement.The Candidate's Statement will be limited to 200 words;and - I NOW,THEREFORE BE IT RESOLVED by t6 Board of Directors of the Kensington Police Protection and Community Services District that the Board of Supervisors of the County of Contra Costa is hereby requested to permit the County Clerk of Contra Costa to render specified election services pursuant to Elections Code Section 10002, Such services include: • Securing=slations of election materials and notices;and • Publication of notices required by law;and • Selection of arguments on the ballot measure;and Consolidation of precincts;and Furnishing of precinct indexes;and • Preparation of polling place notice;and Mailing of sample and official ballot,polling place verification and other election material-,and & Furnishing of voting supplies;and 0 Furnishing of precinct supplies and training of precinct workers;and 0 Canvass of election and certification to the District of the results of the canvass. Being the only agency to issue nomination papers Collection of the full estimated fee for candidate statements BE IT FURTHER RESOLVED that this Board shall and does hereby accept the terms and conditions of the performance of said election services and agrees to pay its proportionate share of all costs in connection with the conduct of this election. PASSED AND ADOPTED by the Board of Directors of the Kensington Police Protection and Community Services District at a regular meeting held on Thursday,the 2&day of May,2004 by the following vote to wit; AYES: Bruce'V.Morrow,Yresident NOES. Pau D.Haxo, ice Pre ident ABSENT: alk-j C/k,- K.Gallegos, rector �atricia M.McLaughlin,Director-,' Ciara Wood,Director I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Board of Directors9s"e ensington Police Protection and Community Services District at a regular meeting of sarril.0 held orf-Th sday,the 20th day of May 2004, XD,,,a Jones ecte Di tri t S Idi is 1c 2-194 ............... ............... ........................................ ......................... JUN 2 4 2004 BEFORE THE BOARD OF DIRECTORS OF THE CONT ELECT ar COu�rY LOS'MEDANOSCOM'MUN'ITY HEALTHCARE DISTRICT RESOLUTION NO. 2004-1 CALL FOR GENERAL ELECTION 2004 The Board of Directors of the Los Medanos Community Healthcare District does hereby resolve as follows: RESOLVED, that pursuant to the authority contained in Section 32100.5 of the Health and Safety Code of the State of California, the Board of Directors of the Los Medanos Community Healthcare District does hereby call a general election of this District to be hold November 2, 2004, to fill three (3)offices of members of the Board of Directors, and does hereby determine and fix the date of the general election as the second day of November, 2004, which date being the first Tuesday after the first Monday in November, 2004. BE IT FURTHER RESOLVED, that pursuant to Section 32100.5 of the Health and Safety Code, and Section 10404 of the Elections Code of the State of California,this Board does hereby notify the Board of Supervisors of the County of Contra Costa that this Board chooses to held such election on the first Tuesday after the first Monday of November, 2004, and requests that the Board of Supervisors of the County' of Contra Costa consolidate the aforementioned general election of this District with the general election to be held'throughout the County of Contra Costa on the second day of November, 2004. 1 2-195 ................................................................... ........................................................................................... ...... .................................................................... ...................... BE IT ALSO RESOLVED,that pursuant to Section 13307 of the California Elections Code that this Board does hereby determine that candidates for this Districts Board of Directors shall pay the cost, and shall pay in advance, as a condition to filing a candidate's statement to be included in the voter's pamphlet,estimated charges for the publication of the Statement of Qualifications, which Statement of Qualifications may contain up to but not in excess of 200 words. PASSED AND ADOPTED this fourteenth day of June 2004, by the following votes: AYES: Directors: CROSKEY, CONDIT, LAZIO AND TURNER NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: TATOMER Chbir6fthe Board of Directors ofthe Los Medanos Community Healthcare District TT-RESOLUTION2004ELECTION June 9,2004 2 2-196 ........................................ ............................. RESOLUTION NO. � �a- L A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MORAGA-ORINDA FIRE DISTRICT ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAININGTO MATERIALS SUBMITTED TO THE ELECTORATE AND THE - COSTS THEREOF FOR THE GENERAL DISTRICT ELECTION TO BE HELD IN THE DISTRICT ON NOVEMBER 2,2004 WHEREAS, section 13307 of the Elections Code of the State of California authorizes the governing body of any local agency to adopt regulations pertaining to materials prepared by any candidate for a Special District election, including whether a charge shall be levied against each candidate submitting a candidate statement to be sent to the voters; and, WHEREAS,the Moraga-Orinda Fire District("District")wishes to adapt such regulations to lend certainty,to the format and length of candidate statements; NOW,THEREFORE, BE IT RESOLVED, that the District Board of Directors hereby adopts the following'regulations for candidates for elective office in the November 2, 2004' General'District Election: Section 1. Pursuant to section 13307 of the Elections Code of the State of California,each candidate for elective office may prepare a candidate's statement on an appropriate form provided by the Contra Costa County Elections Office. 'Such<statement shall include the name and may include the age and occupation of the candidate,and a brief description of no more than three hundred(300)words of the candidate's education and qualifications. The statement shall not include the political party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the Contra Costa County election official at the time the candidate's nomination papers are fled. The statement may be withdrawn,but not changed,during the period for filing nomination papers and until 5:00 p.m.on the first working day after the close of the nomination period. Section 2. Nomination papers will be issued by the Centra Costa County Elections Department. Each candidate filing a candidate's statement must pay the full estimated fee upon the filing of the statement. No partial deposits will be accepted. 2-197 . . ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .._..... ..._.... _. .......__ ......... ............................................................... ........ PASSED, APPROVED and ADOPTED this 16th day of June,2004 at the regular 2044 at 1280 Moraga Way, meeting of the District Board of Directors held on June 16, , Moraga, California 94556,on motion made by erector Wyro,seconded by Director Wilson and duly carried with the following roll call vote: AYES:, Directors Weil,Wilson,Wyro;and president Gottfried x NOES: Done ABSENT Director Nathan ABSTAIN None Dated: June 16,2004 Ge Gottfried, resident Board of Directors ATTEST: Christine Pokorny,Secretary to e Beard APPROVED AS TO FOIA: APPROVED AS TO CONTENT: teven Meyers, District Counsel Jam . Johstc>n,'' Chief 2- 2-138 :::::::::::::<........k u,.::::::::::::::::::::::::::NN::NN::,N.N««<NNNm„A. ....._.............. . . ::�:<..:.... ... f.>.: .....................................................................................................................................1.11,11,1111, ................................................................................................................ . ...................................... RECEIVED JUN 11 4 2004 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. BEFORE THE BOARD OF DIRECTORS OF THE MT. DIABLO HEALTH CARE DISTRICT RESOLUTION NO. 2004.1 CALL FOR GENERAL ELECTION 2004 The Board of Directors of the Mt. Diablo Health Care District does hereby resolve as follows: RESOLVED, that pursuant to the authority contained in Section 32100.5 of the Health and Safety Code of the State of California, the Board of Directors of the Mt. Diablo Health Care District does hereby call a general election of this district to be held in November, 2004 to fill three (3) offices of members of the Board of Directors, and does hereby determine and fix the date of the general election as the second of November, 2004, which date being the first Tuesday after the first Monday in November, 2004. BE IT FURTHER RESOLVED, that pursuant to Section 32100.5 of the Health and Safety Code, and Section 10404 of the Election Code of the State of California,, this Board does hereby notify the Board of Supervisors of the County of Contra Costa that this Board chooses to hold such election on the first Tuesday after the first Monday of November, 2004 and requests that the Board of Supervisors of the County of Contra Costa consolidate the aforementioned general election of this District with the Y eneral election to be held throughout the County of Contra Costa on the 2' day of November, 2004. BE IT ALSO RESOLVED. That pursuant to Section 13307 of the California Elections Code that this Board does hereby determine that candidates for this District's Board of Directors shall pay in advance, as a condition of filing a candidate's statement to be included in the voter's pamphlet,estimated charges for the publication of the Statement of Qualifications, which Statement of Qualifications may contain up to but not in excess of 300 words. 2-199 ....................................................................I..........................11......I................ ................................................................................. .. . ................................. ................- ................ ..._. ......... ......... ......... ......... ......... ......... ......... ......... ......... ._.__.._. ......... ......... ......... ................... Resolution 2004.1 PASSED AND ADOPTED this 27`' day of May. 2004by the following votes: AYES: Directors: R. Issabelle'Cheoweth RN, Grace Ellis, ' Ronald Leone, Al Prince, John Toth D.O. NOES: Directors: None ABSTAIN: Directors: None ABSENT: Directors: None Gra Ellis Chairman of the Board of Directors o the Mt. Diablo Health Cake District R. Isabelle"Chenoweth, RN Secretary of the Board of Directors of the Mt. Diablo Health Care District 2-zoo .............................................................................................................................111.111,11, .............................................................................................. .................. (Adopt and file with the County Registrar of Voters NOT LATER THAN JUW 30, 2004 BEFORE THE BOARD OF DIRECTORS OF THE MT. VIEW SANITARY DISTRICT MAY i P (Name of District) GORAO �UU4 F-LECTJOWS- COS'rA co 00), Resolution Ordering Even-Year Board of Directors Election; Consolidation of Elections; and RESOLUTION SpecificAtions of the Election Order NO.1069�e2QQ4 WHEREAS, California Elections Code requires a general district election be held In each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conductii7g the election for that district; and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district. on the 2ND day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following specifications: 2-201 ............................I............................... ........I...... ............ ..................................................................... ..................................................I..,........ ................... . ...... ......... ......... ......... ......... ......... ..... ......... ......... ......... ......... ......... ......... ............ _.... ......... ......... ......... .. ._......_ .. SPECIFICATIONS DE THE ELECTION ORDER 1. The Election shall be held on Tuesday, the 2ND day of November, 2004. The purpose of the election is to choose members of the board of directors or counciimembers for the following seats (list offices and terms): Director Arthur J.Castro Full Term Director David P Maeei, Full Tern? t Director Dorothy M. Sakamkt ;Full Term 2. This district hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in partof the territory of the district, as provided in Elections Code 10400.' 3. The district will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The district has determined that the Candidate wil1 pay for the Candidate's Statement. The (District-or Can te) Candidate's Statement will be limited to (---200---,--,/(200, 300 or 400 words}. 5. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOT'TED upon motion of director &k-a, seconded by director Sakazaki , at a regular meeting on this 13th clay of May , 2004, by the following vote: AYES : Directors Castro, Maggi, and 5akazakl, Vice President Pyka, and President Caldwell NOES None ABSENT: None (Secretary of said District) President S anley R. Caldwell of 7 2-202 «?.mxmxeo+xoa...:u ......... .s.. ....,... .... ..:::•. ........ F :.: SECRETARY'S CERTIFICATE 1,'SheriL_ Riddle, Secretary to the Mt. View Sanitary District, do hereby certify as ll©Ilows: The foregoing is a full, true, and correct copy of a resolution duly adapted at a regular meeting of the Board of Directors of said>District, duly and regularly and legally held at the regular meeting place thereof on May 13, 2004, of which meeting all of the members of said Board had duo notice and at which a majority thereof was present. At said meeting said resolution was upon motion duly seconded and adopted by the vote as therein set forth. I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is duly entered of record in the minutes and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes:' Said resolution has not been amended, modified or rescinded since the date of its adoption and the;same is now in full force and effect. Dated: May 17, 2004 Sheri L. Riddle, SECRFEMY OF TRE DISTRICT BOARD OF MT. VIEW SANITARY DISTRICT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 2-203 - - _ _.. ........ ......... ......... - _ ....................... ......... ......... ......... ......... ......... ......... ..............._.. ............. ......... ......... ......... ........................ .. __. _ - ........................................ .. . ' Pleasant Hili w Recreation & Park District 0- Im-aftr R /' > ars People, Parks& Programs Since 1951 147 Gregory Lane, Pleasant Hiff,CA 94523Resol u- ftn www.pleasanthillrec.corn PLEASANT HILL RECREATION&PARK DISTRICT COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA BOARD OF DIRECTORS IN THE MATTER OF RESOLUTION 2004-05-27 6RDERING EVEN-YEAR BOARD OF DIRECTORS ELECTION; CONSOLIDATION OF ELECTIONS;AND SPECIFICATIONS OF THE ELECTION ORDER WHEREAS,California elections Cade requires a'general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even: numbered year,and WHEREAS,other elections may be held in whole or in part of the territory of the district and it` is to the advantage of the district to consolidate pursuant to elections code section 10400;and WHEREAS,Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and NOW,THEREFORE,IT IS ORDERED that an election be held within the territory included in this district on the 2"a day of November, 2004,for the purpose of electing members to the Board of Directors of said district in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER I. The Election shall be on Tuesday,the 2nd day of November 2004. The purpose of the election is to choose members of the Board of Directors for the following seats: Board of Director Four(4)year term ' Board of Director Four(4)year term f Board of Director Two(2)year term r 2. The Pleasant Hill Recreation& Park District hereby request and consents to the consolidation of this election with other elections,which may be held in whole or in part of the territory of the district,as provided in Elections Code 10400, 3. Pleasant Hill Recreation&Park District will reimburse the County for the actual cost incurred by the County elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. Pleasant Hill Recreation& Park District has determined that the Candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 250 words. 2-204 �tN M•N N« t•«,. Resolution 2004-05-27 Page 2 of 2 5. Pleasant Hill Recreation&Park District directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. PASSED AND ADOPTED ON May 27, 2004, by the following vote: AYES: Hansen,Mitchoff,Shepard, Smith,Sterrett NOES: ABSENT: r'& DeniJ6 Hans Chair I hereby certify that the foregoing resolution was approved by the vote indicated herein above at the regular meeting of the Board of Directors on May 27 2004. Robert B.Berggren,Clerk of thebaard 2-205 JUN 0 5 20Q4 BEFORE THE BOARD OF DIRECTORS OF THE RODEO-HERCULES FIRE PROTECTION DISTRICT RESOLUTION ORDERING EVEN-YEAR BOARD OF DIRECTORS ELECTION; CONSOLIDATION OF ) ResoIution 1-04 ELECTIONS; AND SPECIFICATIONS OF THE ) LECTION ORDER ) WHEREAS, California Elections Code requires a general district election be in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS,other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 10400 and WHEREAS, Elections Code Section 10520 requires each district involved in a general elections to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS,Elections Code Section 13307 requires that before the nominating period opens the governing body must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Cade Sectionl 2112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the,district. NOW,THEREFORE,IT IS ORDERED that an election beheld within the territory included in this district on the 2nd day ofNovember,2004,for the purpose of electing members to the Board of Directors of said district in accordance with the following specifications: l 2-206 SPECIFICATIONS OF THE ELECTION ORDER I. The Election shall be held on Tuesday,the 2nd day of November,2004. The purpose of the election is to choose members of the Board of Directors for the following seats: Director Ely-4 year term Director Johnson-4,year term g2. This governing board hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 3. The district will reimburse the county for the actual cost incurred by the County elections official in conducting the general district electionupon receipt of a bill stating the amount due as determined by the election official. 4. The district has determined that the candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 200 words. 5. > The district directs that the County Registrar of Voters of the principal county publish the notice of election in the following newspaper,which is a newspaper of general circulation that is regularly circulatedin the territory: West County Times. THE FOREGOING'RESOLUTION WAS ADOPTED upon motion of Director seconded by Director jot ?I ,ata regular meeting on this �2t day of`��,� 2(}t?4, by the following vote. AYES: Johnson, Lopeman, Salmi, Prather, Ely NOES:' None ABSENT: None ABSTAIN: None 0 V'el z Bi l Prather,Chairman Board of Directors Secreta Board of rectors 2 2-207 __ __ __ _ _. .. ......... _......_ __ _ _ _... ......... ......... ......... ......... ......... ......... ....._......... . .. .._ _.......... ....... ......... ......... ......... ......... _....... .__.... _ (Adopt and file with the County Registrar of voters MMU LATER THAN tuNE_M 2043_4) BEFORE THE BOARD OF DIRECTORS OF THE Roden Sanitary District (Name of District) Resolution Ordering Evert-Year Board of Directors) Election,Consolidation of Elections; and } RESOLUTION Specifications of the Election Order ) NO. 04 - 101 i WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered year; and WHEREAS, other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidate pursuant to Elections Code Section 30400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county>for the actual costs'incurred by the county elections official in conducting the election for that district;and WHEREAS, Elections Code Section 13307 requires that before the nominating period opens the district board must determine whether a charge shall be levied against each candidatesubmitting a candidate*s statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to Publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district on the 2ND day of November, 2004, for the purpose of electing members to the board of directors of said district in accordance with the following specifications. _ 1 of 2 2-208 _.. :..:. SPECIFICATIONS OF THE ELECTION ORDER t. The Election shall be held on Tuesday, the 2"D day of November, 2004. The purpose of the erection is to choose members of the board of directors or councilmembers for the foll€>w pq seats (list offices and terms): M%tiLz th"SO14 1 -b4 To iZ-0$ �+�to►tut�t C�t�t .`t'"f' _ I'x-b 4 't o t"fit`�,'�,� 'l�is1G��►'Rs ' tr..�SS�Y t'2.- i34 Tp �€'�.:� b'8 12-YAO-1 S004t 42_ To I1-o6 2. I This district.hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400, 3. The district will reimburse the county for the actual cast incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The district has determine(#that the WSM#Jt ' will pay for the Candidate's Statement. The (District or Cantildate) Candidate's Statement will be limited to 2t�_� - (200, 300 or 400 words).;, S. The district directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FORECOINC RESOLUTION WAS ADOPTED upon motion of Director G�►rR L 5►Oh+ s seconded by Director "t"r ,at a regular meeting on this Istr :day of -Tut-Y ._ , 2004, by the following vote: AYES NOES ABSENT: (Secretary o salid District) 2 of 2 1N=SgKMShMdD0Curn9n1e1ELFCT10N\200,tt11020AkSPedal 0i3tT1Ct1\0i3WCt R*901utlon Even Ye&rAoc 2-209 __ _ __ __ ___ .._..... ......... ........... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...._.... _....._.. ._._.__. ..._.... ...._.__..._.........__....... ......... ......... ......... ..................._ _ _ REC r7 j rE'LD r JUN 2004 CONTRA COS-fA COUNTY ELECTIO RESOLUTION NO. 2004-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT ORDERING EVEN- YEAR BOARD OF DIRECTORS ELECTION; CONSOLIDATION OF ELECTIONS; AND SPECIFICATIONS OF THE ELECTION ORDER 0 WHEREAS, California Elections Code requires a general district election be held in each district to choose a successor for each elective officer whose term will expire on the first Friday in December following the election to be held on the first Tuesday after the first Monday in November in each even-numbered years; and WHEREAS,other elections may be held in whole or in part of the territory of the district and it is to the advantage of the district to consolidatepursuant to Elections Cade Section 10400; and WHEREAS, Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county elections official in conducting the election for that district; and WHEREAS, Elections''Code'Section 13307 requires that before the nominating period opens, the district board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters; and WHEREAS, Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the district; NOW, THEREFORE, IT IS ORDERED that an election be held within the territory included in this district on the 2"d day of November 2004, for the purpose of electing members to the Board of Directors of said district in accordance with the following specifications: 2-210 ..................................................................................................................................1.11111111111 .............................................................................................. Resolution No.2004-05 May 26, 2004 Page—2- SPECIFICATIONS OF THE ELECTION ORDER I. The Election shall be held on Tuesday, the 2nd day of November 2004. The purpose of the election is to choose members of the Board of Directors for the following seats: Thomas Michael Bongi 4-year term Roxarme W.Lindsay 4-year term Kenneth W.Sandy 4-year term 2. This District hereby requests and consents to the consolidation of this election with other elections,which may be held in whole or in part of the territory of the district, as provided in Elections Code 10400. 3. The District will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The District has detennined that the Candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 300 words. 5. The District directs that the County Registrar of Voters of the principal county publish the notice of election in a newspaper of general circulation that is regularly circulated in the territory. THE FOREGOING RESOLUTION WAS ADOPTED upon motion of Director Sandy , seconded by Director Price at a regular meeting on this 26'h day of May 2004,by the following toll call vote: Ayes: Director Sandy, Director Bongi, Director Lindsay, Director Price and Director Dakin Noes: None Absent: None Abstain: None 6ludith K. Scott Clerk to the Board 2-211 ................................................................................................. .................................................................................... ....... _ ___ . __ ___ ___ _ . . ..... ......._. ._..... .. ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ...._.. .... .. ...._ _........ . _. _.. ............_. ...... ... ......... ._....._ ._.._ 5727 RESOLUTION NO. 1838-0504 RESOLUTION ORDERING EVEN-YEAR BOARD OF DIRECTORS ELEC11ON;CONSOLIDATION OF ELECTIONS;AND SPECIFICATIONS OF THE ELECTION ORDER—STEGE SANITARY DISTRICT The Board of Directors of the Stege Sanitary District finds and determines as follows: A. The California Elections Code requires a general district election be held in each t district to choose a successor for each elective officer whose term will expire ori the fifth Friday in December following the election to be held on the fust Tuesday after the first Monday in November in each even-numbering year;and B. Other elections may be held in whole or in part of the territory of the District and it is to the advantage of the District to consolidate pursuant to Elections Code Section 10400;and C Elections Code Section 10520 requires each district involved in a general election to reimburse the county for the actual costs incurred by the county election official in conducting the election for that district;and D. Elections Code Section 13307 requires that before the nominating period opens, the District Board must determine whether a charge shall be levied against each candidate submitting a candidate's statement to be sent to the voters;and E. Elections Code Section 12112 requires the elections official of the principal county to publish a notice of the election once in a newspaper of general circulation in the District, IT IS RESOLVED as follows: That an election be held within the territory included in this District on the 2°d day of November 2004,for the purpose of electing members to the Board of Directors of said District in accordance with the following specifications: SPECIFICATIONS OF TIME ELECTION ORDER I. The election shall be held on Tuesday;the 2'd day of November, 2004. The purpose of the election is to choose members of the Board of Directors for the following seats: Two(2).members to the District Board of Directors,full term(4-years) 2. This District hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in pari of the territory of the District, as provided in Elections Code 10400. C-212 Nm <wM..... «, w ................................................................................................................................................-... ...........I......................................................................... 5728 3 The District will reimburse the county for the actual cost incurred by the county elections official in conducting the general district election upon receipt of a bill stating the amount due as determined by the elections official. 4. The District has detertnined that the candidate will pay for the Candidate's Statement. The Candidate's Statement will be limited to 200 words. 5. The District directs that the county Registrar of Voters of the principal county Publish the notice of election in a newspaper of general circulation that is regularly .circulated in the territory. STATE OF CALIFORNIA) COUNTY OF CONTRA COSTA) I HEREBY CERTIFY that the-foregoing Resolution was duly and regularly adopted by the Board of Directors of the Stege Sanitary District,at a regular ineeting thereof,held on the 27th day of May 2004 by the following vote: AYES: BOARD MEMBERS: James,Merrill,Miller,O'Keefe NOES: BOARD MEMBERS: None ABSENT: BOARD MEMBERS. Bruce ABSTAIN: BOARD MEMBERS: None BEATRICE O'KiEFE,P'4silent Stege Sanitary District Contra Costa County,California ATI)kST: DOUG S HUMP 'Se Steget tege Lary District 2-213 ................................................................ .......................... ....................................................................... ..................— ............ ...... ................. ................... ............................................................................................................................................................................................................................................................................................................................ ........ ......... ........... _ NEST CONTRA<COSTA HEALTHCARE DIS'T'RICT R S91MMI'+1 #$44 CALL FE}R E MAL EI1 CTT0 Nb MBER 2044 The Board of Directors of the West Contra Costa Healthcare District does hereby resolve as.follow$: RESOLVED, that pursuant to the authority contained in Section 32100.5 of the Health and Safety Code of the State of California, the Board of Directors of the West Contra Costa Healthcare District does hereby call a general election of this District to be held in November, tOO4,,t fill three (3) offices of members of the Beard of Directors,, and does hereby determine and fix the date of the general election as the woad day of November, 2004, which date being the first Tuesday after the first Monday in November,2004. BE IT FUtTH SOLVED, 4at pursuant to Section 32100.5 of the Health and Safety Code,and Section 10404 o the Elections Code of the State of California,this Board does hereby notify the Board of Supervisors of the County of Contra Costa that this Board chooses to hold such election on the first Tuesday after the first Monday of November, 2404, and requests that the Board of Supervisors of the County of Contra Costa consolidate the aforementioned general election of this District with the general election to be held throughout the County of Contra Costa on the second day of November,2004. BE IT ALSO RESOLVED, that pursuant to Section 1.3307 of the California Elections Code that this Beard does hereby determine that candidates for this District's Board of Directors shall pay in advance, as a condition to filing a candidate's statement to be included in the voter's pamphlet, estimated charges for the publication of the Statement of Qualifications, which Statement of Qualifications may contain up to but not in excess of 200 words. WCCHD Resolution #844 Page 1. 2-214 ;. N� :::...oat;. .. ... ..«..�.....-.. ut :<n. PASSEL? AND ADOPTED this second day of July,2004, by the following votes: AYES: Directors: Campbell, Wallace, Moore-Cash, Casazza and Carson NOES: Directors: ABSTAIN: Directors: ABSENT: Directors: Chair of the Board of Directors of th West Contra Costa Healthcare District eic:e�Ch'air of't Board of Directors of the West Contras sta Healthcare District WCCHD Resolution #844 Page 2 2-215 MS DiSTRfCr- NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Elections Code 10509) RECD c?VED SPECIAL.DISTRICT FACT SKEET FOR THE 11l2104 GENERAL ELEt;TtON f .1 Qt 4pis 12, 0 9 t. NOTICE TO THE COUNTY ELECTIONS OFFICIAL.tact sheet must be completed and returned to the Elections Department later t June 30.2004- CONTRA COSTA COUNTY EI..E(;Tit rc A. incumbent Information I have checked the attached INCUMBENT DATA By OFFICE information for the elective officers of this district according to our records. The information is correct. The Information is incorrect. I have marked needed changes and have fisted the dates of vacancy and appointment I It they are different from the Information on the.form. Number of FULL TERM seats up for election: Number of SHORT TERM seats up for election: B. District's Regulations for Candidate Statement Word Limit: 200 Dist' or candidate's statement. Candidate-M pay ections[department the full estimated tee for a statement at the time nomination papers are fled. C. Qualifications for Office as required by the Districts Principal Act. 2. RESOLUTION CALLING O ELECTION (Election Code 110042) Enclosed with this NOTICE TO THE COUNTY ELECTIONS OFFICIAL Fact Sheet is the resolution adopted by district board members. The resolution must include a Request for Consolidallon,Word Limit for Candidate Statements,and who pays for candidate statement. Resolution is not enclosed. The Resolution must be returned to the Elections Office nn Eater ILMnjune.30.2fIf>4 g, +$*RIt:T OR QIVISION AREA BOUNDARIES(Elections Code 10522) No underies of the dionct or divisions,if any. 1 have provided a map of the District and its divtslonst if any. Com ,' Xc `" '7 " ,.-4 Changes have bee'made to district or ini5tee boundaries since July 2002. 1 have provided a map and marked on the map any boundary changes acid included these changes with this Fact Sheet. &hod AT 511 NED PRINTED NAME DISTRICT SEAL_ 5? f !/y�'w^ {✓/. Ic W_ � "q7 MAittNGG AD✓DKisSS L51e 2 Ll 3,w :AREA CODE f PHONE NUMBER Ucccsglpil6nared C)OcvmenlKIELECTtON\2004\110204\Sptciat taistriCt5tDi5triC1 Fact Sheet Merpe.doc 2-216 Exhibit 3 Schools BEFORE THE BOARD OF TRUSTEES OF THE CONTRA COSTA COUNTY BOARD OF EDUCATION OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ordering Consolidation ) of County Board of Education 'Trustee ) Area 'Elections on November 2, 2004; Resolution No. 18-03/04 Specifications of the Election Order } VJrHER.EAS, Election Code 13032(a) provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select governing board, members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year. VTHEREAS, Education Code 5322 provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of schools and the officer conducting the election not less than 123 days prior to the date set for the election; and W`HEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this Contra Costa County Board of Education and it is to the advantage of the County Board of Education to consolidate therewith; NOW THEREFORE, BE IT R.F.SOL VED as follows. 1. The above recitals are tate and correct. 2. T his Board hereby orders an election to be held within the territory included in this County Board of Education on the 2'd day of November 2004 for the purpose of electing member(s) to the governing board of the County Board of Education in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004. B. The purpose of the election is to choose 3 member(s) of the governing board of this County Board of Education. The terns of office for County Board of Education members serving Trustee Areas 1, 2, and 3 will expire on November 25, 2004. Trustee Areas 1 and 3 are fall terra elections and Trustee Area 2 is a short-term election:. 3_, _._ ......... ..... ...._. ... ._.. ..... ......... ...__.... ......... ...... .. . _. .............................. .......... Contra Costa County Board of Education Resolution No. 18-03/04 Page 2 9511). C. Candidate statements shall be limited to 200 words. (Board Bylaw D. Candidate statements shall be paid for by the candidate up to a cost of$100.00. The Contra Costa County Office of Education shall pay for costs exceeding $100.00. (Board Bylaw 9511) E. In the event of a tie vote, the election shall be determined by lot at a time and place to be designated by this Board. (Board Bylaw 9513) 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the County Board of Education, pursuant to Education Code 5340,et seq. and Elections Code 10400 et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of any other county in which-the election is to be held, as required by Education Code 5324. 5. This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. 6. The County Office of Education will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. PASSED AND ADOPTED THIS 9`h day of June 2004, by the following vote of the Board: Ayes: Mirabella, Krapf, Ruley, Borsuk, and Gomes Noes: Mone Absent: {done Abstain: none I certify that the foregoing is a true and correct copy of the resolution approved by said Contra Costa County Board of Education on June 9, 2004. Daniel Gomes, esi t Contra Costa County Board of Education 3-2 CONTRA COSTA COUNTY BOARD OF EDUCATION NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Eleegons Code 10509) SCHOOL DISTRICT FACT SHEET FOR THE 11004 GENERAL ELECTION f. NOTICE TO THE COUNTY ELECTIONS OFFICIAL fact sheet roust be completed and returned to the Elections Department no Later than July 5, gQ04. (Educat'son Code 5324# A. Incumbent Information I have checked the attached INCUMBENT DATA BY OFFICE information for the elective officers of this district according to our records. + The information is Correct. The information is incorrect. I have marked needed changes and have listed the dates of vacancy and appointment if they are different from the information on the form. Number of FULL TERM seats up for election: 2 Number of SHORT TERM seats up fdr election: 1 B. District's Regulations for Candidate Statement Word Limit: 200 c District will pay forcandidate's statement. in excess of $100.00 Candidate will pay cost up to $100.00. Candidate will pay Elections Department the full estimated fee for a statement at the time nomination paper s are fled. C. Action to be taken in the event of a tie vote (Education Code 5016) L In the event of a tie vote,the winner shall be determined by lot at a time and place designated by this board. in the event of a time vote,the governing board shall call a run off election on the sixtil Tuesday foilowing the election at which the tie vote occurred. 2. RESOLUTION CALLING FOR AN ELECTION (Education Code 5322,5323) Enclosed is the resolution adopted by the governing board members. The resolution roust include a Request for Consolidation,Word Limit for Candidate Statement, who pays for candidate statement and action to be taker:in the event of a tie vote. Resoiution is not enclosed. The Resolution roust be delivered to the County Superintendent by July 2, 2004. The County Superintendent must deliver the resolution to the Election Department no later than Jolt'5,2004. — 3, DISTRICT OR TRUSTEE AREA BOUNDARIES 4- No changes to district or trustee boundaries. Changes have been made to district or trustee boundaries since duly 2002. t have provided a map and marked on the reap any boundary changes and included these changes with this Fact Sheet. k y 1 114 Alen M. Lister, Deputy Superintendent. PRINTED NAME DISTRICT SEAL Contra Costa County Office of Education 77 Santa Barbara Road, pleasant Hill, CA 94523 MAILING ADDRESS 925-942-3418 AREA CODE I PHONE NUMBER 1 91Shared t anentstELi C IOM. tCk€%110204a.Sd)WsUXsUict Fact Sheet Merge.doc 3o-^ ............................................... ....... ..................... C 0 C—> Ch r N O pdcl) cl) C C) CC) 1:3 0 0 0 4) z 0 0 0) W a 0 U) OL cn (A U) z < z z a) CL 0 a) o 0 0 z z < z > z ui z w Z 7 Y w C,: C'- C,: c,: c,: C': r cl• c-. r. c- c'. cl: r: C'. (1: C': cl: <• c,: cl: cl: <I: C-- r• C-: d) c CL> 4) c% tv2"'o t; '00 t5 4) B 2 4) cc 0 ID w 0 4) 4) (.) M : > 0 4) cc 8 -6 W 0 4) m lu 0 0) :> cj- > 4) Q c as c y a n tv C(D as a E E E E E E E E L= 3 = :3 =I =) E, Q= E 00 a R > CL m c. ca 0 0 Ix < a. a. cu: < OL M 0 (D CL m 0 'D < a. CL CL try X11 X1 C cl) CD <0 C) ro c'-)co m cn co 00 civ (T 7 C? Mr- C14 V) I�t rC14 cl)- CY) It U') to m CV U') to U.) 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GJ M co a t7 C7 N i� !'_ C% 0)0-, 3] L' `"d L" a:M t'} !Y G7 t� 0 C3 — t: +r ins Cy 'K Q CD E o is i o a3-5 ............ ...... ................-.................... BEFORE THE GOVERNING BOARD OF THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT CONTRA COSTA COUNTY, STATE OF CAUFORNIA In the Matter of Ordering Regular RESOLUTION NO. 92-A Governing Board Member Elections; Specifications of the Election Order WH E R EAS, Election Code §1302(x} provides that, in the absence of establishing the election day for Governing Board members to regularly occur on specified statewide elections, theregular election to select GoVerning Board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS, Education Code§5322 provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of schools and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District', and it is to the advantage of the District to consolidate therewith. NOW, THEREFORE, BE IT RESOLVED as follows: 1, The above recitals are true and correct. , 2. This Board hereby orders an election to be held within the territory included in this District on the 21 day of November 2004 for the purpose of electing member(s).to the Governing Board of the District in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004, B. The purpose of the election is to choose two members of the Governing Board of this District. C. Candidate statements shall be limited to 250 words. (Elections Code §13307) 3-6 ...............------ ............. ............................... ..... Resolution • Governing Board Member Election -2d D. Candidate statements shall be paid for by the candidate. (Elections Code §13307) E. in the event of a tie vete, the winner of the election shall be determined by lot at a time and place to be designated by this Board. 3. This Board hereby requests and consents to the consolidation of this election with other elections to be helq in whole or in part in the territory of the District, pursuant to Education Code§§5340 et seq., and Elections Code §10400 et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of any other county in which the election is to be hold, as required by Education Code §55324. 5. This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. 6. The District will reimburse the county for the actual cost incurred in conducting the election upon receipt of a gill stating the amount due as determined by the elections official. This resolution was duty passed and adapted by the Governing Board of the Contra Crista Community College District on June 30, 2004. r Secretary, Governing 'Board 3-7 ...................................................................................... BEFORE THE BOARD OF TRUSTEES OF THE ACALANES, UNION HIGH SCHOOL DISTRICT CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ordering Regular Governing Board Member Elections; RESOLUTION NO. 03-04-31 Specifications of the Election Order WHEREAS, Election Code§ 1302(a) provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS, Education Code§ 5322 provides that whenever an election for governing board members is ordered, the governing board shall,by resolution, provide for specifications of the election order which shall be delivered to the county - superintendent of schools and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith; NOW,THEREFORE, BET IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby orders an election to be held within the territory included in this District on the 2nd day of November 2004 for the purpose of electing member(s) to the governing board of the District in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004. B. The purpose of the election is to choose two members of the governing board of this District: C. Adopt i, ii, or iii: i. x Candidate statements shall be limited to 200 words ii. Candidate statements shall be limited to 300 words iii. Candidate statements shall be limited to 400 words (Election Code section 13307) 3-8 ........................ .............. D. Adopt i or ii: i. Candidate statements shall be paid for by the District (Election Code section 13309 provides procedures forfiling by indigent candidates) ii. X Candidate statement shall be paid for by the candidate. (Elections Code section 13307) E. Adopt i or ii: i. X In the event of a tie vote, the winner of the election shall be determined by lot at a time and place to be designated by this Board. ii. In the event of a tie vote, the governing board shall call a runoff election on the sixth Tuesday following the election at which the tie vote occurred. (Election Code section 30161' 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part of the territory of the District, pursuant to Education Code section 5340 et seq.,and .Elections Code section 10400 et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the date set for the election to the Contra Costa County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of any other county in which the election is to be held,as required by Education Code section 53.24. 5. This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated by the territory. b. The District will reimburse the county for the actual cost incurred in conducting he election upon receipt of a bill stating the amount due as determined by the elections official. 1,Margot- Tobias, Clerk to the Board of Trustees of the Acalanes Union. High School District, do hereby certify that the foregoing Resolution was duly passed and adopted by said Board, at an official and public meeting thereof held. on May 26, 2004, by the following vote: AYES: Carney, Coppersmit'n, Crews, Tobias, Vhitmorr NOES: None ABSENT. None ABSTAIN:Norge .inlay 26,2004 Margot Tobias aerk to the Board of Trustees Ac ares nion High School District 3-3 ...............I.......................................... ....................................................I................. LPJ UU /003 Antioch Unified School District Resolution 2003-04-52 Board of Education Election and Specifications of the Election Order Whereas, Election Code, section 1302(a} provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year; and Whereas, Education Code, section 5322 Provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of schools and the officer conducting the election not less than 123 days prior to the date set for the election: and Whereas, other elections of school districts or other public agencies may be held in whole or part within the territory of this district and it is to the advantage of the district to consolidate therewith: NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This board hereby orders an election to be held within the territory included in this district on the 2nc day of November, 2004, for the purpose of electing members to the governing board of the district in accordance with the remaining specifications: 3. The first day of issue of a Declaration of Candidacy will be July 12, 2004, and the lost day to issue or file is August 6, 2004; and 4. All board members who leave office at the end of a regular term will remain in office until the first Friday in December. (As relevant, amends Education Code, section 5000 et seq., and 5203 et seq.); and 3-10 ------------------------------ .... ............. ........... . The Antioch Unified School District has three offices to be elected: the offices of Claire Smith, J. Dale Hudson, and .:oseph Olenchalk, which were elected offices and null appointed Afices in December of 2000; and 6. All teras of office should be elected to "full terms" and not "short terrns;" and 7. Education Cade, section 13307. Preparation and Form of Candidate Statement, requires the ward of Education's approval of a candidate's statement limited to 200 words of the candidate's education and qualifications expressed by the candidate; and 3. Education Cade, sections 13307, Preparation and Form of Mandate Statement, requires the Board of Education's pronouncement that the Antioch} Unified School District will not bear any of the cost of the candidate statements, and each candidate shall pay the estimated costs of printing, handling, translating, and mailing in advance of the Contra Costa County Election Department; and L 9. No material other than the Candidate's Statement is to be mailed with I he ballot; and 10.A lie vote will be determined by lot at a time and place designated by this board; and 11 .This board hereby requests and consents to the consolidation of this election; with other elections to be held in whole or in port in the territory of the district, pursuant to Education Cade, section 5340 et seq., and Election Coder section 10400 et seq.; and 12.The clerk of this board is ordered to deliver copies of this resolution, not less than 123 days prier to the date set for the election, to the county superintendent of schools who shall deliver the order of election to the Centra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of any other county in which the election is to be held, as required by Education Code, section; 5324; and Q.The board requests that the Contra Costa County Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory; and 14.The district will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official; and s-, ...................... ............................................................................................................ ........................ ........ ............ 1, Dennis Goettsch, Clerk of the Board of Education of the Antioch Unified School District , do hereby certify that the foregoing resolution was proposed bB Member Bart- RAngv, by, and seconded by Board Member Claire Smith--. and was duly Passed and 'adopted by said board, at an official and public meeting thereof held on June 30, 2004, by the following vote: Ayes: 5 Noes: 0 Absent: 0 Abstain: 0 Date:. 6/30/04 Dennis Goettsch, Clerk of the AVSD Board of Education Antioch Unified School District 3-12 ........................ ............. BEFORE THE BOARD OF TRUSTEES TEES OF THE BRENTWOOD UNION SCHOOL DISTRICT OF THE COUNTY OF CONTRA COSTA STATE OF CALIFORNIA RESOLUTION NO.2004-19 In the Matter of Ordering Regular Governing Board Member Elections; Specifications of the Election order WHEREAS, Election Code § I302(a)provides that, in the absence of establishing the election: day for governing beard members to regularly occur on specified statewide elections, the regular election to select governing board members in any school or community college district shall be held oil the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS, Education Cade § 5322 provides that whenever an election, for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of schools and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS, ether elections of school districts or other public agencies may be held m whole or part witl-�in the territory of this District and it is to the advantage of the District to consolidate therewith; NOW,THEREFORE, BE IT RESOLVED as follows: I. The above recitals are true and correct. 2, This Board hereby orders an election to be held within the territory included in this District on the 2"d day of November, 2004 for the purpose of electing member(s) to the governing board of the District in accordance with the fallowing specifications: SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004 B. The purpose of the election is to choose two members of the governring board ofthis District. C. Candidate statements shall be limited.to 200 words. D. Candidate statements shall be paid for by the candidate. E. In the event of a tie vote, the winner of the election shall be determined by lot at a time and place to be designated by this Board. 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the District, pars*cant to Education Code § 5340 et see., and Elections Code § 10400 et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior- to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of "Voters and, if applicable, to the county clerk or registrar of voters of any other county in which the election is to be held,as required by Education Code§ 5324. (a C3-33 .......... ........ ................................................................I..............................................................................................I............................................................... VED BOARD OF TRUSTEES BYRON UNION SCHOOL DISTRWVG - 24 CONTP,A� Co,-F, CaU RESOLUTION OF THE BOARD OF TRUSTEES OF THE WOfi SCHOOL DISTRICT ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER,AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 2, 2004 RESOLUTION NO. 06-04 WHEREAS, in the judgment of the Board of Trustees (the "Board') of the Byron Union School District (the "District"), it is advisable to call an election to submit to the electors of the District the question whether bonds of the District shall be issued and sold for the purpose of raising money for the acquisition, construction and improvement of real property, and the furnishing and equipping of school facilities; and WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIII A Section I paragraph(b) of the California Constitution("Article XIII A") provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district approved by fifty-five percent (55%) of the voters of the district voting on the proposition; and WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by"a fifty-five percent(55%)vote of the electorate on the question whether bonds of the District shall be issued and sold for specified purposes,pursuant to Education Code Section 15264 et Seq. (the"Act"); and WHEREAS, pursuant to Section 10403 et seq. of the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 2, 2004, and to request the Contra Costa County Registrar of Voters to perform certain election services for the District; NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE BYRON UNION SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the maximum principal amount of $14,299,707 for the purpose of raising money to finance school facilities and property of the District, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the District to call such election. 3-14 ............. ....... ..........-........................................................ Section 2. Flection Date. The date of the election shall be November 2, 2044, and the election shell be held solely within the boundaries of the District. Section 3. Purpose of Election; Ballot Proposition, The purpose of the election shall be for the voters in the District to vote on a proposition, a full copy of which is attached hereto and marked Exhibit "A", containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XM A and the requirements of Section 15272 of the Act, As required.by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit "B". The Superintendent or his designee is hereby authorized and directed to make any changes to the text of the proposition as required to conform to any requirements of Article XIII A, the Act or the Contra Costa County Registrar of Voters. Section 4, .Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code and Section 1, paragraph (b), subsection (3) of Article XIII A. The authority for the specification of this election order is contained in Section 5322 of the Education Codd. Section 5. School Facilities Projects. As required by Article XIII A, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the list of school facilities projects set forth on Exhibit A. Section 6. Covenants of the Board upon Approval of the Bonds-by-thr-EdectarAte. As required. by Article XIII A and Section 15278 of the Act, in the evenChfty-fve percent (55°J of the voters in the District approve the issuance of the Bonds, the Board shall: (1) conduct an annual, independent performance audit to ensure that the Bond proceeds have been expended only on the projects listed in Exhibit A; (2) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended :for the school facilities projects listed in Exhibit A; and (3) establish and appoint members to an independent citizens' oversight committee in accordance with Sections 15278, 15284 and 15282 of the Act. Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this resolution to the Centra Costa County Superintendent of Schools, the Contra Costa County registrar of Voters (the "County Registrar") and the Contra Costa County Cleric of the Board of Supervisors. Section 8. Consolidation of Election. The County Registrar and the Contra Costa County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 2,24174, within the District. 2 3-15 ............... ....................................................................I........................................................................................- .............................I..''.''......I................... Section 9. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Superintendent, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot. Section 10. Accountability Measures. As required by Section 53410 of the Government Code, a statement in substantially the following form shall be included on the ballot for the Bonds, and the Board covenants to comply with the reporting requirements contained in Section 53411 of the Government Code: Accountability Measures As required by Section 53410 of the Government Code, the following accountability measures<are hereby made a part of the District's Bond Measure (the "Measure"): a) The specific purpose of the bonds is to allow the District to acquire, construct, and improve classrooms and facilities, improving student access to computers and modem technology, making health and safety improvements and making the District eligible to receive State-matching grants; b) The proceeds from the sale of the District's bonds will be used only for the purposes specified in the Measure, and not for any other purpose; c) The proceeds of the Bonds will be deposited into a... Building Fund to be held by the Contra Costa County Treasurer, as required by the California Education Code; and d) The Assistant Superintendent, Business of the District shall file an annual report with the Board of Trustees of the District, commencing not later than November 1, 2005, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in the Measure. Section 11. Effective Date. This resolution shall take effect on and after its adoption. 3 3-16 ..................... ....... PASSED AND ADOPTED this 20th day of July, 2004, by the fallowing vote: AYES; Richard Jorgensen , Dennis Kutsuris , Linda Taylor NOES: Mary Piepho ABSENT: Glen Sparks P ident of oard of Trustees Byron Union School District Contra Costa County, California ATTES . of the Board of Trustees Byron Union School District, Contra Costa County, California I, Mary Piepho, Clerk of the Board of Trustees of Byron Onion School District, Contra Costa County, California, do hereby certify that the foregoing is a full, true and correct copy of the Resolution passed and adopted by said Board of Trustees at a regular meeting on the 20th day of July, 2004, and that the minutes of said Board of Trustees shows that members o said Board voted for and _ t ' {� members of said Board voted against the adoption of said Resolution and the said Resolution now spread upon the minutes of said. Board. jerk of the Board of Trustees Byron Union School District Contra Costa County, California 4 3_17 ....................................... .................................................................................................I..................................................................... ................... PROM :CANYON SCHOOL FAX NO. :9253762343 Jun. 30 2004 10:05AM P3 BEFORE THE BOARD OF TRUSTEES OF THE CANYON ELEMENTARY SCHOOL DISTRICT CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ordering Regular RESOLUTION Governing Board Member Elections; NO. .2 Specifications of the Election Order WHEREAS, Election Code § 1302(a) provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-number4d year.- WHEREAS, Education Code § 5322 provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of school and the officer conducting the election not less than 123 days prior to the date set for the election: and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby orders an election to be held within the territory included in this District on the 2nd day of November. 2004 for the purpose of electing member(sp to the governing board of the District in accordance with the following specifications: 3-18 ........... ...... ...................................... FROM j CANYON SCHOOL FW NO. :9253762343 .J urs. 30 2004 10:06AM P4 SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2444. B. The purpose of the election is to choose ?— member(s)of the governing board of this District. C. Adapt i or ii: �i. Candidate statements shall be limited to 244 words. ii. Candidate statements shall be limited to 300 words Candidate statements shalLbe limited to 400 words. (Election Cade Section 13307.) D. Adapt I or If: i. Candidate statements shall be paid for by the District. (Election Code Section 13309 provides procedures for filings by indigent candidates.) N. Candidate statements shall be paid for by the candidate. (Elections Code Section 13307.) E. Adopt i or ii: �l. In the event of a tie vote, the winner of the election shall be determined by lot at a time and Palace to be designated by this.Board. .II. In the event of a tie vote, the governing board shall call a runoff election on the sixth Tuesday fallowing the election at which the tie vote occurred. (Education Carie § 5016.) 3. This Beard hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the District, pursuant to Education Cade§§ 5340 et seq., and Flections Code§ 10400 et sect. 4. The Cleric of this Board is ordered to deliver copies of this Resolution, not less than 123 clays prior to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of 7 3_19 ...................................................................... .................................................................................I......I.........................................................I....... t-KL" '-#-HMLJN Sl.! LA-X- I-RX NU. :9253762343 Jun. 30 2004 10:06M PtS I any other county in which the election is to be held, as required by Education Code Section 5324, 5. This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. 6. The district will reimburse the county for the actual cost incurred in conducting the election upon receipt ofi a bill stating the amount due as determined by the elections official. 681AIJ COYKE", Clerk of the Board of Trustees of the Canyon Elementary School District, do!hereby certify that the foregoing Resolution was proposed by Board member Al'v`t seconded by Board memberDAAN—f'—P/_LA_*and was duly passed and adopted by said Board, at an official and public meeting thereof held on. JV 20 by the following vote: AYES: NOES: 0 ASSENT: ABSTAIN: --c Dated: Clerk, oa has s Canyon Elementary School District IlCc 4101GShared Docufn4krftT-Lr=CTIONk2OO4%llO2O4lSclwolstEvenYaafS*hResokjoon.doo 3-20 ......................... .......... ................................................................ ................................ FROM :CPh#YON SCHOOL FAX NO. :9253762343 Jun. 30 2104 io:34AM Pi CANYON ELEMENTARY SCHOOL 04STRICT NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Elections Cade 1050 SCHOOL DISTRICT FACT SHEET FOR THE 111204 GENERAL ELECTION 1. NOTICE TO THE COUNTY ELECTIONS OFFICIAL fact sheet must be completed and ratumed to the Etections Departmentflo later-than.JuIY 3.2004. (Education Code 5324) A. Incumbent Information I have checked the attached INC1JMBENr DATA BY OFFIC9 Information for the ek-ctive officers of this district according to our records. he information is,correct. he Wormatw is incosfrect. l have marked needed changed and have listed the dates of vacancy and appointment of they are different from the inforination on the fours. Number of FULL TERM seats up for election: Nurnk>er of SHORT TERM seats up for election: B. District's Regulationa.for Candidate Statement Word:.unit: - 0 D4 strict will pay for candidate's statement. , andidate will pay Elections Department the full estimates!fee for a statement at the time nomination papers )j are fled. C. Action to taken in the event of a tie vote (Education Code 5018) In the event of a tie vote,the winner shall be determined by lot at a time and plaice designated by this board. In the event of a tirne vote,the governirs boa,d ahali call a runs off election on the sixth Tuesday follovving the election at which the tie vote occurred. 2. RESQLU1I04CAt 3 iNt3 FOR AN ELECTION(Education Cade 5322,5323) ncicse is the resolution adapted by the governing board members. The resolution rnrrst include a Request for Consoi+dation,Word Limit far Candidate S+,atement, who pays for candidate statement and action to be taken in the event of a tic vote. Resolution is not enclowd. The Resolution must be"ivered to the County Superintendent by July 2� 20A4< The Ceunly Superintendent must deliver the resolution to the Election Department no tats3rflran July 5 2 . 3. DISTMCT OR TRUSTEE AREA 80tf(IDARIM h#o changes to district or trustee boundaries. Changes have been made to district or trustee boundaries since July 2002. l have provided a trap and marked on the map any boundary charms and included o changes with this Fact Sheet. DATE S e PRINTED NAME DtTluT SQL 0 MA UN IG ADDRi:Ss es LI/ 11cccsgi01 hand Dooume ntsit LEC'n0N%2004\t 0204kSdxxhJNis1nct Tact Sh",Marge,doc 3_21 .......... .................................................................................................................................................................................. ......................................... FROM CF*?YUN b(-HUUL FAX NO. :9253762343 Jun. 30 2004 10:04AM P2 C3 cn, O dry (Of C3� Nr V 0 r Z. oro o >- UA C, C, C� r- so m ta w im Al W r E Env c 0 CL 'JJ:: V) a) CL CLE 4) CL ca ix, G 1; "'o e CL 'XI C14 com CD LC) CS r,04 ttS C7 (v C) to In 5Z V3 m M 'Ir LL to x aU 0 0 0 CL IL 0 E E W 0 0 E E -- so CIO E E 0 ? 2 vo"ns mc M Iz`yarn0 'am 8 at CA Le ZS 2r czIc Cx rL .9 r_ E 0 0. 0 a Z co 4: a; Z E E 0 to mo to o 8 C4 o cc ah f, 10011F A 3-22 ............................. ....................... FROM (THU) 7. 1" 44 16:36/ST- 16:HAM. 436,240365 P 2 «.• FROM (90,N) 6. 28'44 10:07/97, IMM 4861240275 P 1 NOME OF GOMAL DWMCr FLEC' ON (P,Imdo s CWO 1050,10514,10522) Ctza �Las Pftm*"W*,, f sl + a P �d de�odoQ u to eltct tour (4) p fa s PLlU T*W w fiA im offid"pvmgy ttm by dss abhor*rdam v4Ww tn%vxMrr NAM fstl #7ad(ftp} Arnulio Csdillo — Area 3 Gary Schwasgerle — Area 5 disco ewis — Area 1 Barbara idertss urea 7 Tht toeoig Now$pan okly if Trisas*)rsow*""b"io to s v*&Aq in ss e*,a w"is a+st mmovT ��M.al�wd+a�+llrb yssr. Dwaid w371 W"sunt heuetso(C}for s ilCiit2 TUM _.... ,.. (Or Offit sWQWL;n bwwk*m i*Ptn fivm*SP40aw of Vorta,1$2.i Man .OIN"CA' W611 t sal sC isa4ortlalxr 1yR rcrjY sifa Daily, Pevlaw (ANN Tri—yallaX Herald (ANG), Valley '13.meo aAstLow Ms•Waps) CANMA6T=STAjrJL%jXM(Ctto*** joyll 1-gi�bmc brigov.) (2) �vrffi [cstimatod rept� ffi �smc ot63 � �» (Z}0�} �t•tgt�i�4i�: srx�if�ur�e+rt�C 1 60MJNC J*JC#V i0N tWaUM IS WXj*Wq hWgoft N4 borMAWY to Au%Iw�4"" CI boo you 4im rkft Gowid of l ow d be i"-*&Aww tie Ca aSwuncaof spam "ac GdfttveX Sum? Cy" ,alta S1Gt�1Ct1�fri1 i�'F' C1Alby w0,.2p-Franklin RX_4.xc, r tassarbts, CA 34$88 mA.ff,m (925) 485-5206 �scsMzucr-wt.tl7r.:iog .sx� 3-23 ........................................................................................................................................................................I.......... ...... .................-.... ........ BEFORE THE BOARD OF TRUSTEES OF THE JOHN SWETT UNIFIED SCHOOL DISTRICT CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ordering Regular R E S 0 L U T 10 N Governing Board Member Elections; NO. (03-04)33 Specifications of the Election Order WHEREAS, Election Code § 1302(a) provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS, Education Code § 5322 provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of school and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby orders an election to be held within the territory included in this District on the 2nd day of November, 2004 for the purpose of electing member(s) to the governing board of the District in accordance with the following specifications: 3-24 ----------.............. ... ................ ......... SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004. B. The purpose of the election is to choose 3 member(s) of the governing board of this District. C. Adopt i or ii: i. Candidate statements shall be limited to 200 words. X ii. Candidate statements shall be limited to 300 wards iii. Candidate statements shall be limited to 400 words. (Election Cade Section 13337.1 D. Adopt i or ii: i. Candidate statements shall be paid for by the District. ("Election Code Section 13309 provides procedures for filing by indigent candidates.) X ii. Candidate statements shall be paid for by the candidate. (Elections Code Section 13307.) E. Adopt i or ii: X i. In the event of a tie vote, the winner of the election shall be determined by lot at a time and place to be designated by this Board. ii. In the event of a tie vote, the governing board shall call a runoff election on the sixth Tuesday following the election at which the tie vote occurred. (Education Code § 5016.) 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the District, pursuant to Education Code §§ 5340 et seq., and Elections Code § 10400 et seq. 4. The Clea of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the nate set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of 2 2-25 ...............................................................................................................................................................................................................I........I........................................................................................... any other county in which the election is to be held, as required by Education Code Section 5324. 5. This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. 6. The district will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. Norma Clerici Clerk of the Board of Trustees of the John Swett Unified School District, do hereby certify that the foregoing Resolution was proposed by Board member J• Delgadillo, seconded by Board member N. Clerici giber , and was duly passed and adopted by said Board, at an official and public meeting thereof held on June 16, 2004, by the following vote: 5-0-0-0 AYES: Callaghan, Clerici, Delgadillo, Kotchevar & Myers NOES: None ABSENT: None ABSTAIN: None Dated:— 6/16/04 Clerk, Board 6JTrustees John Swett Unified School District Norma Clerici \kcccsq101\Shared Documents\ELECTION\2004\110204\Schoois\EvenYearSchResolution.doc 3 3-26 ........................................ ......... .......... ................................... JOHN SWETT UNIFIED SCHOOL DISTRICT NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Elections Code 10509) SCHOOL DISTRICT FACT SHEET FOR THE 1112104 GENERAL ELECTION 1. NOTICE TO THE COUNTY ELECTIONS OFFICIAL fact sheet must be completed and returned to the Elections Department no later than July 5, 2004. (Education Code 5324) A. Incumbent Information 1 have checked the attached INCUMBENT DATA BY OFFICE information for the elective officers of this district according to o.-,,r records. X The information is correct. The information is incorrect. € have marked needed changes and have listed the dates of vacancy and appointment if they are different from the information on the form. Number of FULL TERM seats uo for election: 3 Number of SHORT TERM seats up for election:: C. District's Regulations for Candidate Statement Word Limit: 30303 District will pay for candidate's statement. X Candidate will way Elections Department the full estimated fee for a statement at the time nomination papers are fled. C. Action to be taken in the event of a tie vote (Education Code 5015) X in the event of a tie vote,the winner shall be determined by lot at a time and place designated by this board. In the event of a time vote;the aoverning board shall call a run off election on the sixth Tuesday following the e€ection at which the tie vote occurred. 2. RESOLUTION CALLING FOR AN ELECTION(Education Code 5322,5323) X Enclosed is the resolution adopted by the governing board members. The resolution must include a Request for Consolidation,Word Limit for Candidate Statement, who pays for candidate statement and action to be taken in the event of a tie vote. Resolution is not enclosed. The Resolution must be delivered to the County Superintendent by July 2,2004. The County Superintendent must deliver the resolution to the Election Department no later than July S. 2004. 3. DISTRICT OR TRUSTEE AREA BOUNDARIES X No changes to distr=ict or trustee boundaries. Changes have been made to district or trustee boundaries since July 2002. 1 have provided a snap and marked on the Snap any boundary changes and included these changes with tis Fact Sheet. DATE S#GNED Michel S. Roth, Superintendent PRINTED NAME DISTRICT SEAL. 341 B Street, Crockett, CA 94525 MAILING ADDRESS (510) 787-1141, Extension 1035 AREA CODE 1 PHONE NUMBER 1,ccesaI01\Shared Documer,ts\ELECTION1 2004\1I 02041Schoois0istrict Fact Sheet Merge.doc 3_27 ......................... .................... .................................. 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M _ ;C c _ ` Lir `' t:7r zn ZS cn-0 Zs AE t > _� _� c �U cc E a coo 6} > —U 9 sb Qr q'U 1 -0 Q Cil C7 ? 0 to tLt .se C7 r- � � tg � � � CEJ �� �� � � � � S C 7 C L3 7 1� v co Of (� 0)c fi 0 to m r C32 a CD r m u C7 �� � o h a* ccr ` • � '�, i 3d'i co Ida o v r ( 00) 14 to �` hie ` I C!S iL7 It &i m 'r m Gf2 { r CC r Er r '� tis 5 3-29 THE BOARD OF TRUSTEES L.AFAYETTE SCHOOL DISTRICT LAFAYETTE, CALIFORNIA GOVERNING BOARD RESOLUTION NO. 22-0304 (Revised 6-15-04) In the Matter of Ordering Regular Governing ) Board Member Elections; ) Resolution No. 22-0304 Specifications of the Election Order ) Revised 6-15-04 WHEREAS Election Code § 1302(a) provides that, in the absence of establishingthe election day for governing board members to regularly occur on specified stateside elections,the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday,n November of each even-numbered year. WHEREAS, Education Code,§5322 provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of schools and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby 'orders an election to be held within the territory included in this District on the 2n°day of November, 2004, for the purpose of electing member(s)to the governing board of the District in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004. B. The purpose of the election is to choose two(2)members of the governing board of this District. C. Candidate statements shall be limited to 200 words. D. Candidate statements shall be paid for by the candidate. E. in the event of a tie vote, the winner of the election shall be determined by lot at a time and place to be designated by this Board. 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held'in whole'or in part in the territory of the District, pursuant`to Education Code §§ 6340 et seq., and Elections Code § 10400 et seq.. 3-30 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the county clerk or registrar of voters of any other county in which the election is to be held, as required by Education Code Section 5324. 5: This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. 6. The district will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. €, Ann Appert, Clerk of the Board of Trustees of the Lafayette School District, do hereby certify that the foregoing Resolution was proposed by Board member Appert, seconded by Board member Falcone, and was duly passed and adopted by said Board, at an official and public meeting thereof held on June 15, 2004, by the following vote: AYES: _ Appert, Falcone, Derringer, Silva, Stromberg NOES: none ABSENT: none ABSTAIN: none Bated: June 16, 2004 rk of the Board of Tr to Lafayette School District Contra Costa County, California I hereby certify that the foregoing resolution was duly and regularly introduced,passed and adopted by the governing board of the Lafayette School district at a public meeting held on June 15, 2004. Jon rank Secretary of the Governing Board Lafjeft School District Coa osta County, State of California s-se .................-.....I................................... ..................................................................................................................... ........... LIBERTY UNION HIGH SCHOOL DISTRICT 20 OAK STREET BRENTWOOD, CA 94513 (925) 634-2166 BEFORE THE BOARD OF TRUSTEES OF THE LIBERTY UNION HIGH SCHOOL DISTRICT CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Ordering Regular RESOLUTION Governing Board Member Elections; NO. 2004-12 Specifications of the Election Order WHEREAS, Election Code § 1302(a)provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS, Education Code § 5322 provides that whenever an election for governing board members is ordered, the governing board shall, by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of school and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith; NOW,THEREFORE, BE IT RESOLVED as follows: 1. The above recitals are true and correct. 2. This Board hereby orders an election to be held within the territory included in this District on the 2'd day of November, 2004 for the purpose of electing members(s) to the governing board of the District in accordance with the following specifications: vi 4_// 3-32 ............................- SPECIFICATIONS OF THE ELECTION ORDER A. 'The election shall be held on Tuesday, November 2, 2004. B. The purpose of the election is to choose two (2) member(s) of the governing board of this District. C. Candidate statements shall be limited to 300 words. D. Candidate statements shall be paid for.by the candidate. E. In the event of a tie vote, the winner of the election shall be determined by lot at a time and place to be designated by this Board. 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the District, pursuant to Education Code §§ 5340 et seq., and Elections Code § 10400 et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the date set for the election, to the County Superintendent ofSchools who shall deliver-the order of election to the Contra Costa County Registrar of Voters and, if applicable, to the�county clerk or registrar of voters of any other county in which the election is to be held, as required by Education Code Sections 5324. 5. This Board requests that the Elections Department publish the notice of election In a newspaper, which is a newspaper of general circulation that is regularly circulated in the terz"itory. 6. The district will reimburse the county for the actual cost incurred in conducting the electron upon receipt of a bill stating the amount due as determined by the elections official. I, Rayi-nond Valverde, Clerk of the .Board of Trustees of the Liberty Union High School District, do hereby certify that the foregoing Resolution was proposed by Board member seconded by Board member �' tv , and was duly passed and adopted by said Board, at an official and public meeting thereof held on May 26, 2004,by the following vote: AYES: NOES: ABSENT: C) ABSTAIN.- Dated, BSTAIN:Plated; 0111 Cle , Board of Trustees Liberty Union High School District 2 s`itsr Int W -- ace _." �€ 3-33 ............................................................................................................................................................................................................................................................................................. Liberty Union High School District Board Policy Classification: Bylaws of the Board Policy No. BP 9220 Page 1 of 1 Effective 6/85 Subject:Governing Board Elections Revised 5/95 Any person is eligible to be a Board member, without further qualifications, if he/she is 18 years or older, a citizen of the state, a resident of the school district, a registered voter and not legally disqualified from holding civil office. ( Education Code 35107) A district employee elected to the Board shall resign his/her position before being sworn in or shall have his/her employment automatically terminated upon being sworn into office. (Education Code 35107) Governing Board election procedures shall be conducted in accordance with,the California Education Code and Elections Code. (cf. 9110 - Regular and Student Members; Terms of Office) Candidate's Statement of Qualifications The Board shall assume no part of the cost of printing, handling, translating, or mailing candidate statements. The Board secretary shall notify the county clerk of this policy on or before 125th day before each Board member election. (Elections Code 23510.5) Tie Votes in Board Member Elections Whenever a tie makes it impossible to determine which of two or more candidates has been elected to the Board, the Board shall immediately notify the candidates who received the tie votes of the time and place where lots shall be cast to determine the winner. Legal Reference: EDUCATION CODE 5000-5003 Election of governing board members,especially: 5012 Declaration of candidacy 5012.5 Extension if incumbent does not file;withdrawal of candidacy 5019 Trustee areas and size of governing boards 5019,5 Trustee ares;adjustment of boundaries 5300-5304 General provisions(conduct of elections) 5320-5329 Order and call of elections 5340-5345 Consolidation of elections 5360-5363 Election notice 5380 Compensation(of election officer) 5390 Qualifications of voters 5420-5426 Cost of elections 5440-5442 Miscellaneous provisions(re:returns,recounts,etc.) 35107 Eligibility,school district employees 35177 Campaign expenditures or contributions ELECTION CODE 10012 Candidate's statement 23510.5 Notice of election by secretary 24000 School district governing board election:number of votes;one or more than one member being elected,ballot instructions 24002 Forms;declaration of candidacy and notice to declare candidacy 24003 Sample ballot;notice of poffing place and time of election 24004 More than one ballot for separate propositions GOVERNMENT CODE 85101 Previous or local conflicting limitations 85300-85307 Contribution limitations Service Employees International Union vs.Fair Political Practices Commission.Ninth Cit,Cal, 1992 WL 18475 L m 3-34 Liberty Union HICIh SC 001 Di-strict Administrative Regulation Classification: Bylaws of the Board Policy No. AR9220 Page 1 of 3 Effective 6-5-85 t Subject Governing Board Elections Revised Bylaws of the Beard Calendar Covering School District Board Elections i Number of Days Before Election Action to be Taken 13th Consolidation of Governing Board Elections Last day for County Superintendent to notify Governing Boards in writing of the consolidation of Governing Board elections. (Education Code 5323) 125th Notice of County Clerk Last day for the secretary to deliver a notice to the county clerk containing the elective offices to be filled and whether the district or the candidate is to pay for the publication of a statement of qualifications pursuant to Elections Code Section 100121. This notice shall bear the district seal and the signature of the secretary. (Elections Code 23510.5) 123rd Specifications of the Election Order Last day for the Governing Beard or officer authorized to make such determination to deliver a resolution to the County Superintendent of Schools and to the officer conducting the election stating the date of the election and the purpose of the election conforming to the requirements of Education Code 5322. 120th Calling of Election tr last day for County Superintendent to call any school district election by posting or publication of notices of election and delivering a copy of the formal notice of election to the county clerk (or registrar of voters if the county has one)(Education Code 5325) Formal Notice of Election Last day for County Superintendent to deliver copies of the order of election and the formal notice of election to the county clerk(or the registrar of voters if the county has one). (Education Code 5325) i 123th to 90th notice of Election Not sooner than the 13th day nor later than the 90th day before the election, the county clerk shall publish a notice of the election, pursuant to Election Code 23511. f 13th Availability of Declaration of Candidacy Farms The first day of availability of declaration of candidacy forms from the county clerk or the district secretary if authorized by the county clerk. (Elections Cade 23512) 88th Piling Declaration of Candidacy Period during which a declaration of candidacy may be filed with the 6 county clerk. The declaration of candidacy must be substantially i;3 the form set forth in Education Code Section: 5332(a), containing the appropriate information and signed by the candidate.(Education , .A►\ 3-35 ..............................................................................................................................................................I..........I..................................................................... .........................- ............... Liberty Unjop.�ih School District Administrative Regulation Classification: Bylaws of the Board Policy No. AR9220 Page 2 of 3 Effective 6-5-85 Subject: Governing Board Elections Revised Code 5012) 87th to 83rd Failure of Incumbent to File Declaration If no incumbent has filed by 5 o'clock p.m. of the 88th day, any person other than the incumbent shall have until 5 o'clock p.m.of the 83rd day to file a declaration of candidacy for that office. 82nd et seq. Insufficient Filings If by 5 o'clock p.m.on the 83rd day prior to the election only one or no candidate has filed for a position to be fill'ed at that election,or in the case of members to be elected from the district at large the number of candidates does not exceed the number of offices to be filled, or in the case of members to be nominated by trustee area and elected at large the number of candidates from a trustee area does not exceed the number of positions to be filed from that trustee area,no election for the position or positions shall be held. Appointment shall be made as prescribed by Education Code Section 5328 unless a petitl6n signed by ten per cent(10%)of the voters or by 50 voters, whichever is less, in the district or in the trustee area requesting that an election be held has been presented to the officer conducting the election. (Education 5012.5 and 5326) 82nd (Even years) Drawing of"Randomized Alphabet" 83rd (Odd years) Secretary of State drawing to determine order of candidates'names on election ballot. (Elections Code 10217) 29th Close of Registration Last day to change registration to be effective for election. (Elections Code 305) 29th to 7th Absentee Ballot Applications by Mail Period during which applications bearing the signature of the requested voter may be received by the county clerk(or registrar of voters). Applications received prior to the 29th day shall be held and be processed during the application period. (Elections Code 1002 et seq. 10 17) 14th Declaration of Write-in Candidacy Last day for any qualified person to file a declaration of candidacy with the county clerk(or registrar of voters)to cause write-in votes for such person to be tallied. (Elections Code 7300, 7301.) 0 Election Day Polls open from 7:00 a.m. until 8:00 p.m. Absentee ballots must be received by the official from whom they were obtained by 12 o'clock midnight on Election Day. (Elections Code 1353) NOTE: The above is an abbreviated and incomplete statement of all the applicable law. Should an issue come up about anyof the divisions of the above calendar,godirectly to the Education Code and/or the Elections Code references for a definitive statement. 3-36 ................................... .............. Liberty Union rich School District Administrative Regulation Classification: Bylaws of the Board Policy No. AR9220 Page 3 of 3 Effective -5-8 Sub;ect: Govern€nq Boards Elections Revised; > Legal Reference: I Education Cradle: 5000-5005 Election of school board members 5200 et seq. Boards of education under the city charger 5300-5345 Conduct of elections 5360 et seq. Election notice Elections Code: 10012 Candidate's statement 10211 at seq. Forms of Ba€lots 14200 at seq. Procedures at .Dolls 23300 et seq. Consolidation of elections i6 a i i i i Ei E i C::�.Jl..-.. Of Z42- 33—337 g-37 ............................................................................................................................................................................ .......... LIBERTY UNION HIGH SCHOOL DISTRICT NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Elections Code 10509) SCHOOL DISTRICT FACT SHEET FOR THE 11/2104 GENERAL ELECTION 1. NOTICE TO THE COUNTY ELECTIONS OFFICIAL fact sheet must be completed and returned to the Elections Department no later than July 5. 2004 (Education Code 5324) A. Incumbent Information I have checked the attached INCUMBENT DATA BY OFFICE information for the elective officers of this district according to our records. The information is correct. vlhe information is incorrect- I have marked needed changes and have listed the dates of vacancy and appointment if they are different from the information on the form. Number of FULL TERM seats up for election: Number of SHORT TERM seats up for election: B. District's Regulations for Candidate Statement Word Limit: 360 District will pay for candidate's statement. 1,eandidate will pay Elections Department the full estimated fee for a statement at the time nomination papers are filed. C. Action to be taken in the event of a tie vote (Education Code 5Q16) Vfn the event of a tie vote,the winner shall be determined by lot at a time and place designated by this board. In the event of a time vote,the governing board shall call a run off election on the sixth Tuesday following the election at which the tie vote occurred. 2. RESOLUTION CALLING FOR AN ELECTION(Education Code 5322, 5323) t-Ign—closed is the resolution adopted by the governing board members. The resolution must include a Request for Consolidation,Word Limit for Candidate Statement, who pays for candidate statement and action to be taken in the event of a tie vote. Resolution is not enclosed. The Resolution must be delivered to the County Superintendent by Ju1jL2 2004. The County Superintendent must deliver the resolution to the Election Department no later than July 5, 2004. 3. DISTRICT OR TRUSTEE AREA BOUNDARIES t4o changes to district or trustee boundaries. Changes have been made to district or trustee boundaries since July 2002. 1 have provided a map and marked on the map any boundary changes and included these changes with this Fact Sheet. 5 2-7-OL DATE SIGNED PRINTED NAME DISTRICT SEAL MAILING ADDRESS AREA CODE/PHONE NUMBER kkcccsqI01\Shared Documents\ELECTION1200411 10204\SchoolsNDistrict Fact Sheet Merge.doc 3-38 w v t. v t v v i � d -" "' ""•' "`` J t t v v v l d t J RESOLUTION NO, 125-031(34 Cane idates`Statements Of Qualifications WHEREAS, Section 10012 of the Elections Code of the State of California requires the Livermore Valley,joint Unified School District Board of Education to adopt certain policies in regard to statements of qualifications for candidates who run for the office of member of the Governing Board of the District; and WHEREAS,instructions in regard to candidates'statements are set forth in Elections Code 133137, and NOW THEREFORE, BE IT RESOLVED that this Governing Board does hereby determine as fwiiows. T hat all candidates submitting a statement of qualifications,which will be automatically printed in English,Spanish and Chinese,shall be charged for such printing; That,as a condition of having higher statement included in the voter's pamphlet, the candidate must pay the Livermore Valley Joint Unified Schaal District in advance to cover the cos;estimated for each election; That the statement of qualifications shall not excee�-100 words; That undidates not be permitted to submit additional materials to be sent to the voter with the sample ballot;and What the Registrar of Voters be directed to give copy of these regulations to each candidate or h,S r representative at the time he/she picks up his/her nomination papers. BE IT FURTHER RESOLVED that these policies shall remain in full force and effect until rescinded by this Board. PASSED AND ADOPTED,by roll call vote, this 22nd of dune 2004,by the governing board of the Livermore Valley Joint Unified School District. AYES: MEMBERS Owls,Hudson, Morrison, McLaughlin and White NOES: MEMBERS None ABSTENTIONS: MEMBERS gone ABSENT: MEMBERS None 0-1;5�� vlerk of the Bried f Education:of the Livermore Valley Joint#Jchool District of Alameda County and Contra Costa County, Slate of California 3_39 .......................................................................................................................................................--......... ...............I......... ........ ... ....IMED SCHUGL DISTRICT NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Elections Code 10509) SCHOOL DISTRICT FACT SHEET FOR THE 1112104 GENERAL ELECTION I. NOTICE TO THE COUNTY ELECTIONS OFFICIAL fact sheet Must becornoleted and returned to the Elections Department aoo tater than Julir s• ztit?4.(Education Code 5324) A. Incumbent Information I have checked the attached INCUMBENT DATA Sy C)FFICE information for the elective officers of this district according to our records. The information is correct. The information is incorrect. I have marked needed changes and have listed the dates of vacancy and appointment If they are different from the information on the form. Number of FULL TERM seats up for election- Number of SHORT TERM Seats up for election: S. District's Regulations for Candidate Statement Word Limit; District will 1%for candidate's statement. t e Livermore Valley JUSD before V/Candidale will payno —ftim.—StafflIM9 the full estimated fee for;a statement-SWIftK=nomination papers are filed. C. Action to be taken in the event of a tie vote (Education Code 5016) W<ihe event of a tie vote,the winner shall be determined by lot at a time and place designated by this board In the event of a time vote,the governing board shall call a run off election on the sixth Tuesday following the election at which the tie vote occurred. 2. RESOLtiTION CALLING FOR AN ELQ;�N(Education Code 5322,5323) .�z4closed is the resolution adopted by the governing board members. The resolution Must include a Request for Consolidation,Word Limit for Candidate Statement, who pays for candidate statement and action to be taken in the event of a tie vote. Resolution is not enclosed, The Resolution must be delivered to the County Superintendent by July 2. 200 The County Superintendent must deliver the resolution to the Election Department no tater that I Ju (Y S. 2004, 3. DISTRICT OR TRUSTEE AREA BOUNDARIES No changes to district or trustee boundaries. Changes have been made to district of trustee boundaries since.July 2002. 1 have provided a map and Marked on the Map any boundary changes and Included these changes with this fact Sheet June 23, 2004 DATt-- SIGNED Brenda Miller PRINTED NAME DISTRICT SEAL 685 E. Jack LondonFffi#bdv, Livermore, CA 94651 MAILING ADDRESS (925) 606-3281 AREA CODE/PHONE NUMBER ft-cc-3001kShared DoCumentSkELECTION200411 10204%Sd=ISXDsjtjct Fact Sheet M"e,doc 3-40 . .. ................. . ......... RESOLUTION 001-04/06 RESOLUTION OF THE BOARD OF TRUSTEES OF THE LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT OF THE COUNTIES OF ALAMEDA AND CONTRA COSTA, CALIFORNIA, ORDERING A PARCEL TAX ELECTION; ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 2, 2004 WHEREAS, this Board of Trustees (the Beard) of the Livermore Valley Joint Unified School District (the District) has determined that the continuing state budget crisis threatens the stability of State funding for District educational programs and that this Board and this community must take action to provide local funding that cannot be taken away by the State in order to maintain quality education and avoid further reductions in essential educational programs; and WHEREAS, In the judgment of the Board it is advisable to call an election to submit to the electors of the District the question of whether a qualified special parcel tax shall be levied for the purpose of raising money to provide local funding that cannot be taken away by the State in order to maintain quality education and avoid reductions in essential programs. WHEREAS, Section 4 of Article XIII A of the California Constitution and Government Cade Section 50079 authorize a school district, upon approval of two thirds of the electorate voting on the measure, to levy a qualified special tax for specified purposes; and WHEREAS, this Board has properly noticed and held a public hearing to consider whether a qualified special tax should be levied and to consider a proposed order of election; and WHEREAS, pursuant to the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 2, 2004, and to request the Alameda and Centra Costa County Registrar of Voters to perform certain election services. NOW, THEREFORE, BE IT RES07LVED, by the Board of Trustees of the Livermore Valley Joint Unified School District the following: Section 1. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether a qualified parcel tax shall be levied for the purpose of raising money to maintain quality education and avoid further reductions in essential programs as set forth more fully in the ballot measure approved pursuant to Section 3. This Resolution constitutes the order of the District to call such election. Section 2. Election bate. The date of election shall be November 2, 2004, and the election shall be held solely within the boundaries of the district. Section 3. Purpose of Election; Ballot Measure. The purpose of the election shall be for the voters in the district to vote on a measure, a full copy of which is 3-4` .......................... ......................................................................................................................................................................................................................... ............... attached hereto and marked Exhibit A, containing the question of whether the District shall levy a qualified parcel tax with accountability provisions and a senior citizen exemption. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit B. Exhibit A and Exhibit Bare incorporated herein by this reference and sets forth the type of tax, the rate of tax and the method of calculation. The Superintendent or her designee is hereby authorized and directed to make any changes to the text of the measure as required to conform to any requirements of Article XIII A, or the Alameda or Contra Costa County Registrar of Voters. Section 4. Authority for Election. The authority for ordering the election is contained in Section 50079 of the Government Code and Section 4, of Article XIII A of the Constitution. The authority for the specification of this election order is contained in Section 5304 and 5322 of the Education Code. Section 6. Delivery of this Resolution. The Clark of the Board is hereby directed to deliver a certified copy of this Resolution to the Alameda and Contra Costa County Superintendent of Schools, the Alameda and Contra Costa County Registrar of Voters (the County Registrar) and the Alameda and Contra Costa County Clerk of the Board of Supervisors. Section 6. Formal Notice. The Alameda County Superintendent of Schools and the Contra Costa County Superintendent of Schools are hereby requested to prepare and execute a formal notice of parcel tax election and consolidation order in substantially the form attached hereto as exhibit C (the formal notice), and to call the election by causing a formal notice to be posted in accordance with Education Code Section 5362 no later than August 6, 2004, or to otherwise cause the notice to be published as permitted by law. The Superintendent as secretary to this Board is authorized to cause all notices required by law in connection herewith to be published and posted, as the case may be. Section 7. Conduct of Election. Pursuant to Education Code Section 5303 the Registrar of Voters is requested to take all steps to hold.the election in accordance with law and these specifications. Voter Pamphlet The Registrar of Voters is hereby requested to reprint the measure in its entirety in the voter information pamphlet to be distributed to voters pursuant to Elections Code Section 13307. In the event the measure will not be reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the measure, in no less than 10 Point Bold Face Type, a legend substantially as follow: The above statement is an impartial analysis of measure TBD if you desire a copy of the measure, please call the Alameda or Contra Costa County 3-42 .................... ................................................................ .......... Registrar of Voters at (Alameda at 510 272-6973 or Contra Costa at 925 646- 4166) and a copy will be mailed at no cost to you. Consolidation of Election. The Alameda and Contra Costa County Registrar and Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 2, 2004, within the District. Canvass of Results. The Board of Supervisors of each County is authorized to canvass the returns of the election pursuant to Elections Code Section 10411. Section 8. Appropriations Limit. The Board shall provide in each year (pursuant to Section 7902.1 of the Government Code or any successor provision of law) for any increase in the District's appropriation limit as shall be necessary to ensure that the proceeds of the qualified parcel tax may be spent for the authorized purposes. [Article XIII B, Section 4 of the California Constitution) Section 9. Ballot Arguments. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including rebuttal argument, The Superintendent, President of the Board, or their designees, are hereby authorized to execute any document and to perform all acts necessary to place the proposition on the ballot. Section 10. Effective Date. This resolution shall take effect on and after its adoption. PASSED AND ADOPTED by the Board of Trustees of the Livermore Valley Joint Unified School District the 2 nd day of August 2004. Signed: Brenda Miller, Superintendent and Secretary to the Board of Education Livermore Valley Joint Unified School District Counties of Alameda and Contra Costa, State of California 3-43 .......... .................I......................................................................................................................................................................................................................... .............................. ......... ... CLERK'S CERTIFICATE 1, William Morrison, Clerk of the Board of Education of the LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT, hereby certify that the foregoing is a full, true, and correct copy of Resolution No. 001-04/05adopted at a regular meeting place thereof on the n 2d day of August 2004, of which meeting all the members of said Board of Education had due notice and at which a majority thereof were present, and that at said meeting said resolution was adopted by the following vote: AYES: MEMBERS Orvis, Hudson, White, McLaughlin and Morrison NOES: MEMBERS none ABSENT: MEMBERS none An agenda of said meeting was posted at least 72 hours before said meeting at Livermore, California, a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. I further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office; that the foregoing resolution is a full, true and correct copy of the original resolution adopted at said board meeting and entered in said minutes; and that said resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. Dated: August 3, 2004 Clerk of the Board 6rEducation of the Livermore Valley Joint Unified School District 3-44 .......... MARTINEZ UNIFIED SCHOOL DISTRICT BOARD OF EDUCATION OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the matter of Ordering Regular ) Governing Board Member Elections; ) Resolution No. 2004-18 Specifications of the Election Order ) WHEREAS, Election Code § 1302(aj provides that, in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections, the regular election to select,governing board members in any school or community college district shall be Meld on the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS, Education Code§ 5322 provides that whenever an election for governing board members is ordered,the governing board shall,by resolution, provide for specifications of the election order which shall be delivered to the county superintendent of schools and the officer conducting the election not less than 1.23 days prior to the date set for the election; and WHEREAS, other elections of school districts or other public agencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith; NOW, THEREFORE, BE IT RESOLVED as follows. 1. The above recitals are true and correct. 2. This Board hereby orders an election to be held within the territory included in this District on the 2"day of November, 2004 for the purpose of electing member(s)to the governing board of the District in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER A. The election shall be held on Tuesday, November 2, 2004. B. The purpose of the election is to choose three (3) members of the governing board of this District. C. Candidate statements shall be limited to 200 words. D. Candidate statements shall be paid for by the candidate. 3-45 __ E. In the event of a tie vote,the winner of the election shall be determined by lot at a time and place to be designated by this Board.; 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the District, pursuant to Education Code § 534o et seq., and,Elections Code§ 10400,et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution, not less than 123 days prior to the date set for the election,to the County Superintendent of Schools,who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable,to the county;clerk>or registrar of voters of any either county in which the election is to be held,as required by Education Code§ 5324. 6. This Board requests that the Elections Department publish the notice of election in a newspaper,which is a newspaper of general circulation that is regularly circulated in the territory. 6. The district will reimburse the County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. I, Dan White, Clerk of the Board of Education of the Martinez Unified School District,do hereby certify that the foregoing Resolution was proposed by Member Skrehat , seconded by Member McLaughlin and was duly passed and, adopted by said Board, at an official and public meeting thereof held on June 14, 2004, by the following vote: Ayes: Cox, Elsken, Gordon, McLaughlin, Skrehot Noes: None Absent: None Abstain: None Dan White, Secretary to the Board of Education MartinezUnified School District (C:ResolutionConsolidatedElection) 3-46 ......r,:.:::::...:::. 4moraga school district 1540 School Street o P. o. Box 156 • Moraga, CA 94556-1117 • (925)376-5943 RESOLUTION 04-19 ELECTION SPECIFICATIONS The Governing Board of the Moraga School District RESOLVES THAT: Elections Cade 10012 authorizes the Governing Board to determine the maximum length of and method of payment for printing, translating, and distribution casts of Governing Board candidate's statements of qualifications. Education Codes 5016 and 5304 authorize the Board to determine the method of determining the winners of an election in the event of a tie vote. For the Regular Governing Board Member Election scheduled to be held on November 2, 2004, the following regulations shall apply: 1 . A candidate's statement of qualifications is limited to 200 words with no other material permitted. 2. Each candidate filing a statement of qualifications shall pay pro rata costs of printing, handling, translating, and mailing the statement as provided in Elections Cade 10012. 3. Each candidate shall, as a condition of filing a statement of qualifications, pay in advance the estimated costs of printing, handling, translating, and mailing the statement. 4. In the event of a tie vote, the Board shall schedule a runoff election in accordance with law. Education Code 5015. Pursuant to Education Code 5322, this Board orders the Contra Costa County Superintendent of Schools to call a governing board member election to be held on November 2, 2004, in the Moraga School District and to request that said election be consolidated with other elections to be held on the same date in the same territory. The Superintendent is directed to deliver copies of this Resolution, not less than 123 days prior to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters, and if applicable, to the county clerk or registrar of voters of any other county in which the election is to be held, as required by Education Carie Section 5234. 3-47 .......................................................................................................................................... ............... ....... ....................... This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. The district will reimburse the county for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official. PASSED AND ADOPTED by the Governing Board of the Moraga School District of Contra Costa County on May 25, 2004, by the following vote: AYES: Kelleher, Louie, Grafft, Evans, and MacNulty NOES: None ABSENT: None I HEREBY CERTIFY that the foregoing Resolution was duly introduced, passed, and adopted at an official and public meeting held on May 25, 2004 by the vote stated. z� Schafer, creta a 'Richard A. Schafer, cretary to the Governing Board, oraga School District 3-48 M.T. DIABL O UNIFIED SCHOOL DISTRICT" Resolution of a Governing Burd of the Mt. Diable Unified School District of Contra Costa County,Calil irnia,Regarding Action.Taken in the Event of a Tit Vote and Regulations for Candl late Statements in the Governing Board Election of November 2,2004. Resolution No. 03/04-72 WHEREAS, I general school election will be held on November 2, 2004; and WHEREAS, ection 13307 of the Election Code authorizes tree Board to require each candidate for election who iestres to have a statement of his/her qualifications be distributed with the sample ballot, to pa ertain costs associated with that statement; and, WHEREAS,i ection 53304 of the Education Code authorizes the Board of Education to resolve tie votes betweei t candidates for election, NOW,THE FORE,BE IT RESOLVED that each candidate wishing to file a statement of qualification for distribution with the sample ballot shall be limited to 200 words with no other material pe itted; and BE IT FUIRT ER RESOLVED that each candidate wishing to.file a statement shall pay a prorated share of the c )st of the County's printing and distribution of the statement, This shall be payable to the Registrar f Voters upon filing;and, BE IT FURER RES OLV D that in the event of a tie vote in said election of candidates, the Governing B and shall forthwith notify the candidates who have received tie votes to appmr before it either perso ly or by a representative at a tinxe and place designated by the Governing Board, The Governing B and shall, at that time and place, determine the winner or winners by lot; and BE IT 1�UR ER RESOLVED that the Superintendent is directed to send a copy of this resolution to the Centra C stn County Election Department. Passed and a opted by the Board of Education of the Mt.Diablo Unified School District this 29th day of June 2004 y the following vote: AYES:��i NOES; ABSEN T April P. recce, president,Board of Education Attest: Mt. Di to Unified School District Gary.McHenry,Is tart' Mt. Diablo Unified pool District 3-49 .................................-...............................................................................................................................................................................I...............- ......................................... ....... Quint&Thimrrug LLP 04/15/04 04/19/04 04/20/04 06/01/04 OAKLEY UNION ELEMENTARY DISTRICT Resolution No. 2003-2004/24 RESOLUTION OF THE BOARD OF EDUCATION OF THE OAKLEY UNION ELEMENTARY DISTRICT ORDERING A SCHOOL BOND ELECTION, AND AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH WHEREAS, the Board of Education (the "Board") of the Oakley Union Elementary District (the "District"), within the County of Contra Costa, California (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to sections 5304 and 5322 of the California Education Code (the"Education Code"); WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to section 15100 et seq. of the California Education Code; WHEREAS, pursuant to section 18 of Article XVI and section 1 of Article X111 A of the California Constitution, and section 15266 of the California Education Code, school -lisincts may seek approval of general obligation bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purpose, provided certain accountability measures are included in the proposition; WHEREAS, the Board deems it necessary and advisable to submit such >a bond proposition to the electors to be approved by 55% of the votes cast; WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election, as required by section 15266 of the California Education Code; WHEREAS, on November 2, 2004, a statewide election is scheduled to occur throughout the District; WHEREAS, pursuant to section 15270 California Education Code, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed$30 per year per$100,000 of assessed valuation of taxable property; WHEREAS, section 9400 et seq. of the California Elections Code requires that a tax rate statement be contained in all official materials, including any ballot pamphlet prepared, sponsored or distributed by the District, relating to the election; and 15002-03 3-50 ............................ ......— .................. WFIE EA 7,the Board now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election; and NOW, THEREFORE, be it resolved, deterred and ordered by the Board of Education of the Oakley Union Elementary District as follows: Section I. Specifications of Election Order. Pursuant to sections 53014, 5322, 1510101 et seq., and section 15266 of the California Education Code, an election shall be held within the boundaries of the Oakley Union Elementary District on November 2, 2004, for the purpose of submitting to the registered voters of the District the following proposition. BOND AUTHORIZATION By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Oakley Union Elementary District shall be authorized to issue and sell bonds of up to$16,500,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A, subject to all of the accountability safeguards specified below. ACCOUNTABILITY SAFEGUARDS The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the Oakley Union Elementary District may be assured that their money will be spent wisely to address specific facilities needs of the Oakley Union Elementary District, all in compliance with the requirements of Article XIII A, section 1(b)(3) of the State Constitution, and the Strict Accountability in Local School. Construction Bonds Act of 2000 (codified at section 15264 of seq. of the California Education Code). .Evaluation of Needs. The Board of Education has prepared an updated facilities plan in order to evaluate and address all of the facilities needs of the Oakley Union Elementary District, and to determine which projects to finance from a local bond at this time.The Board. of Education hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A. ,Independent Citizens` Oversight Committee.The Board of Education shall establish an independent Citizens`Oversight Committee (section 15278 et seq. of the California Education Code), to ensure bond proceeds are expended only for the school facilities projects listed in Exhibit A. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board of Education. Annual Performance Audits. The Board of Education shall conduct an annual, independent performance audit to erasure that the bond proceeds have been expended only on the school facilities projects listed in Exhibit A. Annual Financial Audits. The Board of Education shalt conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in Exhibit A. -2- 3-51 ___ _ _ _ _ _ _ __ _ _ _ __ ......... ......... ......... ..._._........ ........ ......... ......... ......... ......... ......... ......... ....._.. _...._._._.. Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds''approved, the Board of Education shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall' cause a report to be filed with the Board no later than January 1 of each year,commencing>January 1, 2005, stating(1) the amount of bond proceeds received and expended in that year, and (2)the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board. BODED PROJECT LIST The Bond Project<List attached to this,,resolution as Exhibit A shall be considered a part of the ballot proposition, and shall be reproduced in,any official document required to contain the full statement of,the bond proposition. The Bond Project List, which is an integral part of this proposition, lists the specific projects the Oakley Union Elementary District proposes to finance with proceeds of the Bonds. Listed repairs, rehabilitation projects and upgrades will be completed as needed. Each project is assumed to include its share of costs of the election- and bond issuance, architectural, engineering, and similar planning costs, ,construction management, and a customary contingency for unforeseen design and construction costs. The final cost of each project will be determined as plans are finalized,construction bids are awarded,and projects are completed. In addition, certain construction funds expected from non-bond sources, including State grant>funds for eligible projects, have not yet been secured. Therefore the Board of Education cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. FURTHER SPECIFICATIONS No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities,and not for any other;purpose, including teacher and administrator salaries and other school operating expenses. Single Purpose. All of the,purposes enumerated in this proposition shall be united and voted upon as one single proposition,, pursuant to section 15100 of ,the California Education Code,and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to section 53410 of the California Government Code. Other Terms of the Bonds. When sold,the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest will be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than 30 years from the date borne by that bond. 3-5z Section 2. Abbreviation of Proposition. Pursuant to section 13247 of the California Elections Code and section 15122 of the California Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond preposition on the ballot: "To avoid overcrowding by building new elementary schools and to modernize Gehringer and Oakley Elementary Schools, including replacing electrical and fire safety systems; modernizing older classrooms; updating libraries and computer labs, and improving handicapped access to all schools, shall the Oakley Union Elementary School District be authorized to issue $16,500,000 in bonds at interest rates within the legal limit with no funds for ad,-rdinistrator salaries and an appointed Independent Citizens Oversight Committee to monitor all bond expenditures?" Section 3. Voter Pamphlet. The Registrar of Voters of the Cour-ity is hereby requested to reprint Section 1 hereof (including Exhibit A hereto) in its entirety in the voter information pamphlet to be distributed to voters pursuant to section 13307 of the California Elections Code. In the event Section 1 is not reprinted in the voter information pamphlet in its entirety, ffie Registrar of Voters its hereby requested to print,immediately below the impartial analysis of the bond proposition,in no less than 10-point boldface type,a legend substantially as follows. "The above statement is an unpartial analysis of Measure _. If you desire a copy of the measure, please call the Contra Costa County Registrar of Voters at 925-646 -4166 and a copy will be mailed at no cost to you." Section 4. Reouired Vote. Puisuant to section 18 of Article XVI and section 1 of Article XIII A of the State Constitution, the above proposition shall become effective upon the affirmative vote of at least 55% of those voters voting on the proposition. Section 5. Request to Counjy Officers to Conduct Election. The Registrar of Voters of the County is hereby requested, pursuant to section 5322 of the California Education Code, to take all steps to call and hold the election in accordance with law and these specifications. Section 6. Consolidation Requirement;Canvass. (a) Pursuant to section 15266(a) of the California Education Code, the election shall be consolidated with the statewide election on Novern-ber 2, 2004. (b) The Board of Supervisors of the County is authorized and requested to canvass the returns of the election,pursuant to section 1.0411 of the California Elections Code. Section 7. Delivery of Order of Election to County Officers. The Clerk of the Board of Education of the District is hereby directed to deliver, no later than August 6, 2004 (which date is not fewer than:88 days prior to the date set for the election),one copy of this Resolution to the Registrar of Voters of the County together with the Tax Rate Statement (attached hereto as Exhibit B),completed and signed by the Superintendent, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County. -4- 3-53 ............ ................................................................................................................................................................................ ........................................................... .................................. Section 8. Ballot Argl4ments. The members of the Board are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the proposition contained in Section 1 hereof,within the time established by the Registrar of Voters. Section 9. Further Authorization.The members of this Board, the Superintendent, and all other officers of the District are hereby authorized and directed,individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution. Section 10. Effective Date. This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this day,June 16, 2004,by the following vote: AYES: 4 NAYS: 0 ABSTAIN:0 ABSENT: APPROVED: President of rh caard of Education of the Oakley Union Elementary District Attest Clerk of the and of Education of the Oakley Union Elementary District -5- 3-54 ....................................... ....... ...................................................... CLERK'S CERTIFICATE 1, , Clerk of the Board of Education of the Oakley Union Elementary District, of the County of Contra Costa,California,hereby certify as follows: The attached is a full, true and correct copy of a resolution duly adopted at a special meeting of the Board of Education of the District duly and regularly held at the regular meeting place thereof on June 16, 2004, and entered in the minutes thereof, of which meeting all of the members of the Board of Education had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote: AYES: 4 NOES: 0 ABSTAIN: 0 ABSENT: 1 At least 24 hours before the time of said meeting, a written notice and agenda of the meeting was mailed and received by or personally delivered to each member of the Board of Education not having waived notice thereof, and to each local newspaper of general circulation, radios, and television station requesting such notice in writing, and was posted in a location freely accessible to members of the public, and a brief description of the resolution appeared or. said agenda. I have carefully compared the same with the original minutes of the meeting on file and of record in my office. The resolution has not been amended, modified or rescinded since tfie date of its adoption, and the same is now in full force and effect. 1AVIT:`v ESS my hand this 16 t h day of 4=a , 2004. zw4j— -", - X e Clerk of Board of tducation Oakley Union Elementary District 3-55 EXHIBIT A OAKLEY UNION ELEMENTARY DISTRICT BOND PROJECT LIST TO RELIEVE OVERCROWDING IN ELEMENTARY SCHOOLS • Build The New Cypress Elementary School • Purchase Elementary School Site on Carpenter Read • Provide Additional Funds for the construction and equipping of Carpenter School, the major source of funding of which is developer fees&State grants OAKLEY SCHOOL MODERNIZATION Upgrade and modernize the Library • Improve handicapped access to schools by implementing ADA Upgrades to include paths of travel,restrooms,doorways and counters • Install window walls to increase lighting&energy efficiency Expand kitchen to improve efficiency • Fix and replace leaky roofs • Modernize Stage Area • improve'stagelighting Add lift(ADA) Refinish floor • Provide shading canopies to front of school, classroom wings, courtyard and kindergarten classrooms • Renovate faculty lounge • Convert Corridors to Computer workstation areas GEHRINGER MODERNIZATION • Upgrade and modernize the Library • Build Computer Lab next to Library to provide students better access to today's technology • ADA/Ha.ndicapped Upgrades in Building E to include paths of travel,restrooms,&doorways • Expand kitchen to improve efficiency • Make electrical upgrades Exhibit A 3-56 ----------------------------- EXHIBIT"B TAX RATE STATEMENT An election will be held in the Oakley Union Elementary District (the "District") on November 2, 2404, to authorize the sale of up to $16,500,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved., the District expects to sell the bands in two series. Principal and interest on the bands will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information, is provided in compliance with sections 9400-9404 of the Califorr°fia Elections Cade. 1. The best estimate of the tax rate which would be required to be levied to fund this band issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 3 cents per$100 ($30 per$100,000) of assessed valuation in fiscal year 2405-06. 2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the fiscal year after the sale of the last series of bonds,based on estimated assessed valuations available at the time of filing of this statement, is 3 cents per $100 ($30.00 per$100,000) of assessed valuation in fiscal year 2006-47. - 3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is 3 cents per $100 ($30 per$100,4010) of assessed valuation in fiscal year 2406-07. The tax rate is expected to remain the same in each year. Voters should nate that estimated tax rate is based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions. Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only,which are not binding upon the District.The actual tax rates and the years in which they will apply may vary from those presently estimated,due to variations from these estimates in the timing of bond sales, the a_-.count of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the terra of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the band market at the time of each sale. Act=ual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process. Dated:ju e � 2004. Superintendent Oakley Union Elementary District Exhibit B 3-57 ........................................................................................................................................................................................................................................................... ............. Orinda Union School District Orinda, California Resolution #04-12 SPECIFICATIONS OF THE ELECTION ORDER GOVERNING BOARD ELECTION WHEREAS, Education Code Section 5322 requires that in the event of any ordered election, a Resolution be delivered to the County Superintendent of Schools and the Officer conducting the election; NOW BE IT THEREFORE RESOLVED that this Board affirms that by its action of June 7, 2004, tKe Superintendent of Schools of Contra Costa County is authorized to call an election of the Board members on Tuesday, November 2, 2004, and to request that said election be consolidated with other elections to be held on the same date in the same territory; and, BE IT FURTHER RESOLVED that the following positions on the Orinda Union School District Governing Board will expire December 2GO4 and are to be considered open for election. Patricia Rudebusch (full term, four years), and Jim Farrell (full term, four years); and, BE IT FURTHER RESOLVED that the following District regulations apply: 1. Candidates' Statements: a) The District will not bear any of the cost of the candidates' statements. b) The candidates' statements will be limited to 300 words or less, c) Each candidate shall be required to pay the prorated cost for the printing, handling, translating and mailing of the statement; and the candidate will be required to pay the full estimated prorated cost of such statement at the time of filing the statement as a condition of filing such statement. d) No material other than the candidates' statements will be included with the packet sent from the County Elections Office. 11. Tie Vote: a) A "tie vote" will be resolved by drawing lots, rather than by a run-off election, in accordance with Education Code 5016. The Secretary of this Governing Board is hereby authorized and directed to certify the adoption of this Resolution and to transmit certified copies hereof, as required, to the County Election Supervisor and the County Superintendent of Schools. AYES, Farrell,>Rudebusch, Sorenson, West NOES: None ABSENT: Landau I hereby certify that the foregoing resolution was duly introduced, passed and adopted at the meeting of the Governing Board of the Orinda Union School District held on this 7tb day of June 2004. Frank Brunetti, Ph.D. Superintendent and Secretary Orinda Union School District 3-58 --- ----------------- ----- ORI#DAUNION SCHOOL DISTRICT NOTICE TDTHE COUNTY ELECTIONS OFFICIAL(BeoticnsCode 110589) SCHOOL DISTRICT FACT SHEET FOR THE 11/204GENERAL ELECTION t NOTICE TOTHE COUNTY ELECTIONS UFBCIALfact sheet must becompleted and returned mthe Elections Department no later than July 5 . (Education Code 5324) A. Incumbent Information i have checked the attached INCUMBENT DATA BY OFFICE information for the elective officers of this district according to our records. The information iacorrect. . )(Theim�rmaboniuinuorneo. I have marked needed changes and have listed the dates of vacancy and appointment ' if they are different from the information onthe form. � - Number ofFULL TERM seats upfor election: Number of SHORT TERM seats upfuelection: ^ B. District's Regulations for Candidate Statement Vvo,dL;mit: 800111 District will pay for candidate's sta(omenL ',^�\,ondidetowill pay Elections Department the full estimated fee for astatement a\the time nomination papers an* Red. C. Action csbe'taken inthe event nfotie vote (Education Code 5Oi6) ", lnthe even"of a tie vote,*the winner shall be determined by lot a,a time and piace designated by this board. in the event of a tme vote,the governing board shall call!a run off election on the sixth'Tuesday following the election atwhich the tie vote occurred. 2. RESOLUTION CALLING FOR AN ELECTION(Education Code 5322. 5323) Enclosed is the resolution adopted by the goveming board members. The resolution must include a Request for Consolidation,Word Limit for Candidate Statement, who pays for candidate statement and action tobetaken inthe event ofa tie vote, Resolution is not enclosed. The Resolution must bedelivered to the County Superintendent by _yyy_2,_2004. TheCount"y Superintendent must deliver the resolution tothe Election Department no later than JuIv 5.2004. 1 DISTRICT OR TRUSTEE AREA BOUNDARIES XNoohangaatodistrict ortrustee boundaries. Changes have been rnadetodistrict ortrustee boundaries since July2O02. | have provided amap and marked onthe man any boundary changes d included K7 IL- PRINTED NAME o/SrR!oTSeAL VWLING ADDRESS AR EfA CODE PHONE NUMBER xcccsom11,Sharec400cumen"s\e!-sCr/omoon*\liocn4vscxoo/v\oimnc�Fact Sxpetmo,geuoc ` .......................................................................................................................................................................................................................................................................................................................... BE. .-RE THE 130ARD OF TRUSTEES OF THE PirfSOURG UNEVIED SCHOOL DISMCT CONTRA COSTA COUNTY, STATE OF CALXFORNIA In the Matter of Ordering Regular RESOLtMON Govcndrig Board Member Eloctions: NO. 03-30 Specifications of die Election Order WIEBREAS,Election.Code Section 1302(a)provides dia4 irt the absence of establishing the election day for governing board members to regularly occur on spoeffiod statewide elections,dic-regular election to select governitig bond nmmbm in any scbcol or community college district sbW be hold on the first Tueeday after the first MoWay in Novcmber of ewh even-numbared year. WHEREAS,Education Code Sor;don 5322 provida that whenever an election for Soveming board m=bers is ordered,the governing board sball,by resiolution,provide fcw qmcifications,of the election order vdich dwU be defiverad to d:6-.county mperintendent of schoob and the officer c4nductitig the el�ou not less than 123 days pnor to the date set for the diection-,and WIWRFAS,odier elections of school districts or other Pubfic agencies may be hold in whole or part within the territory ofthis District and it is to the advantage of Districtto consolidate therewith-, NOW,TEEEREFORF,BE IT RESOLVED as fbflowsz, 1. The above recitals am true and corrvcL 2. This Board hereby orders an election to be held within the territory inrAudcd in this District on the 21 day of November,2004 for tlie purpose of electing ammwr(s)to the soverning board ofdx District in acoordawe with the following ff=ificatiow, SPECHICATIONS OF THE FIX.CnON ORDER A- -rrw election diall be held on Tuesday,November 2.2004. B. 11W purpose of the eloction is to choose&-nM*=(ff)of the guVaming board of this District- C. Adopt i or ii: —x i. Candidae mtegnents shall be limited to 200 words- U. Caadidate istatements shall be limited to 3W words iii. Cxodidde staterneuts shaH be limited to 400 words. (WeCUWCode Sectim 13307) -6L*-GFG 100HOs a3i3imn smnasiild *LZ* e6z : 11 *0 6? Unr C 3-60 .................................... ...... ......................... D. Adol...or ii: CarxUate sdftm=b shall be paid for by the DisfticL Mkr*m Code Socum 13309 pr r proct%h&es)brfthsW by indtgew canc .) ii. C..a dete zwents shall be paid for by the candidate, klec&;n Code Section 13307) E? Adopt i or ii: X L In the event of a tie vote,the winner of the election shall be cl ' ed by lcA at a time and place to be desigated by dAs Bow%L iL In the event of a tie vote,the governing board shat call a mnoffelection on the six#h Tuesday following the election.at which the tie vote cx curnxi- citrc vox Code Section 5016} 3. This Board hereby retests and consents to the consolidation of this election with other elections to be bolsi in whole or in part in the terzitory►of'the Distrix,pmumt,to Edi Code Sections 5340 et seq.,and Elections Code Sections 104000 et seq. 4e The Clerk of this Board is ordered to deliver copies of this Resolution,not less then l days,prior to the date set for the electicmr to the Carte S of Schools who dull deliver the order ofele electionto,the Contra Costa Rost w of Votm art d,if sppl blt to the county clerk or xrgistrar of vis of any other warty in whit the electkm is to be held.,,as rewired by Education Code Section 3324. 5. This Board requests that the Elections Department publish the notice of election in a newspaper.which is a newspaper of gerteral circulation that is gadariy circulatod in the territory. 6. The District will:raimbum the County for the actual crust incutred in the conducting the election upon rexmipt of a bill statiM the anxxwt cine as deterviined by the elections official. _ IMS Clerk of the Board ofT f t of PittsburgUnified 9e,Y,*Vcw,iPP, school District,Adoymfytinct the fig iutisr�n was proposed by l� ,r nded.by Board and was duly p"sed jmd adopter by grid Board,at an official afid public meeting dwreofheld an May 26,2004,by the following vote: AYES: J— NOFS: e ABSENT: ABSTAIN: Dated:—Ogx rae id of Pittsburg tfrdtie W— Dis�Wvt 3-6? SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 699 Old Orchard Drive,Danville,CA 94526' RESOLUTION NO 69/03-04 SPECIFICATION OF THE ELECTION ORDER WHEREAS, Education Code Section 5322, 53.23,and 5340 require that in the event of any ordered election a resolution be delivered to the County Superintendent of Schools, the County Board of Supervisors,and the Officer conducting the election; NOW THEREFORE BE IT RESOLVED that this Beard orders the Superintendent of Schools of Contra Costa County to call an election for the purpose of choosing two(2) Board members for a term of four years,to fill vacancies for terms which will expire, December,''2004. This election is to be held on Tuesday,November 2, 2004; AND BE IT THEREFORE'FURTHER RESOLVED that the Contra Costa County Registration-Election:Department cause consolidation of elections being held by different political subdivisions on the same day in the same territory,or in the territory that is part the same; AND BE IT FURTHER RESOLVED that the Secretary of this Governing Beard is hereby authorized and directed to certify the adoption of the resolution and to transmit certified copies hereof as required to the Superintendent of Schools,the County Election Supervisor, and the County Board of Supervisors: - PASSED AND ADOPTED at its regular meeting of the Board of Education on the 41" of May, 2004, by the following vote: AYES: BUCHANAN,CLARKSON,GARDNER,MARVEL,PETSUCH NOES: NONE ABSENT: NONE ABSTAINED: NONE 1 certify that the foregoing resolution was duly introduced, passed and adopted as stated. obert Kessler Secretary to the Board of Education of the San Ramon Valley Unified School District of Contra Costa County, State of California 3-62 SAIF RAMON VALLEY UNIFIED SCHOOL DISTRICT 699 Old Orchard Drive,Danville, CA 94526 RESOLUTION NO. 70/03-04 ESTABLISHING CONDITIONS FOR BOARD OF EDUCATION CANDIDATES WHEREAS, two(2) positions on the Board of Education of the San Ramon Valley Unified School District, currently held by Paul Gardner and Greg Marvel, will be vacant on December 1, 2004-, and WHEREAS, California Election Cade Section 10012 establishes conditions for candidates for such vacancies; and WHEREAS, California Education Code 5014 establishes conditions for breaking tie votes; NOW THEREFORE BE IT RESOLVED, that the Contra County Registration-Election Department collect the full cost of the candidate's statement at the time the statement is filed or as such time as the County may require; AND BE IT FURTHER RESOLVED, that the candidate is to pay for the full cost of the statement; AND BE IT FURTHER RESOLVED that said statement be limited to 2003 words; AND BE IT FURTHER THER RESOLVED, that in case of a tie vote the tie be broken by lot. PASSED AND ADOPTED at the regular meeting of the Board of Education on the 0,of May, 2004, by the following vote: AYES: BUCHANAN, CLARKSON, GARDNER, MARVEL,PETSUCH NOES. NONE ABSENT: NONE ABSTAINED: NONE I certify that the foregoing resolution was duly introduced, passed and adopted as stated. ad Robert Kessler Secretary to the Board of Education of the San Ramon Valley Unified School District of Contra Costa County, State of California 3-63 ............................................................................................................................................................................................................................................................................................................................ WALNUT CREEK SCHOOL DISTRICT Walnut Creels,Cali fomia' RESOLUTION 03-04-19 OF THE GOVERNING BOARD OF THE:WALNUT CREEK SCHOOL DISTRICT RELATIVE TO HOLDING OF A CONSOLIDATED ELECTION WHEREAS, Election Code§ 1302(a)provides that,in the absence of establishing the election day for governing board members to regularly occur on specified statewide elections,the regular election to select governing board members in any school or community college district shall be held on the first Tuesday after the first Monday in November of each even-numbered year. WHEREAS,Education Code § 5322 provides that whenever an election for governing board members is ordered, the governing board shall,by resolution,provide for specifications of the election order which shall be delivered to the County Superintendent of Schools and the officer conducting the election not less than 123 days prior to the date set for the election; and WHEREAS,other elections of school districts or other publicagencies may be held in whole or part within the territory of this District and it is to the advantage of the District to consolidate therewith: NOW,THEREFORE,BE IT RESOLVED as follows: I. The above recitals are true and correct. 2. This Board hereby orders an election to beheld within the territory included in this District on the 2`d day of November 2004 for the purpose of electing member(s)to the Governing Board of the District in accordance with the following specifications: SPECIFICATIONS OF THE ELECTION ORDER: A. The election shall be held on Tuesday,November 2, 2004. B. The purpose of the election is to choose three(3)members of the Governing Board of this District. C. Candidate's statements shall be limited to 200 words or less. (Election Code Section 13307.) D. Candidate statements shall be paid for by the candidate. (Election Code Section 13307.) E. In the event of a tie vote, the winner of the election shall be determined by lot at a time and place to be designated by this Board. F. No material other than the candidates' statements will be included with the packet sent from the County Elections Office. 3. This Board hereby requests and consents to the consolidation of this election with other elections to be held in whole or in part in the territory of the District,pursuant to Education Code§ 5340 et seq., and Elections Code § 10400 et seq. 4. The Clerk of this Board is ordered to deliver copies of this Resolution,not less than 1.23 days prior to the date set for the election, to the County Superintendent of Schools who shall deliver the order of election to the Contra Costa County Registrar of Voters and, if applicable,to the county clerk or registrar of voters of any other county in which the election is to be held,as required by Education Code Section 5324. 3-64 .............................. ;. rr{r M xvrr r?x. :.:::..: -.:.:u r.; rrrr ::: ::::• •.x:• ri4i:4iri4i%CCIX4i:4'F,ryf.•%+T'+CIXirti4%O: Resolution 03-44-19 Page 2 5. This Board requests that the Elections Department publish the notice of election in a newspaper, which is a newspaper of general circulation that is regularly circulated in the territory. 6. The District will reimburse the county for the actual cast incurred in conducting the election upon receipt of a bill stating the amount due as determined by the elections official: PASSED AND ADOPTED by the Governing Beard of the Walnut Creek School District at a meeting held on the 28th day of June 2004 by the following vote: A'C'ES: Pennington,Pena,Borchardt, Clarke, Walden NOES: Done ABSEINIT: None I hereby certify that the foregoing resolution was duly introduced,passed and adopted at 'he meeting of the Governing Board of the Walnut Creek School District held on this 28th day of June 2004. MICHAEL DE SA, Superintendent and Secretary of the Governing Board of the Walnut Creek School District of Contra Costa County, State of California _......... _. _. ......__. _ ........................................................................................................................................................................................................................................................................................................................... 't74 11:22 WEST CONTRA COSTA UNIFIED SCHOOL DLWRIC"C Df CONTRA COSTACOUNT`,STATE OF CALIFORNIA RESOLUTION NO. 109.0304 In the Matter of Resolution of the West Contra Costa Unified School District Board of Educations Relative to the Holding of a Consolidated Election. WHEREAS,Education Code Section 5322 requires that in the event of any ordered election,a resolution be delivered to the Count Superintendent of Schools and the Officer conducting the election as set forth in such code section,and WHEREAS,Education Code Section MW requires that a government board election be held biennially on the first Tuesdayjafter the first Monday in November of even-numbered years to fill the offices of board members whose term expire on the last Friday in November next succeeding the election. NOW,THEREFORE,BE IT RESOLVED,that the Board of Education and Superintendent of the West Contra Costa Unified School District may propam a candidate's statement on an appropriate form provided by the clerk. Such statement may include,the name,age.and occupation of the candidate and a brief description of no more than 200 words: The cost of placing this statement on the ballot will be paid by the West Contra Costa Unified School District. The Candidates for the office of the Board of Education are not required to pay a deposit as condition of filling`a statement;and In the event of a tie vote that would affect who is elected to the Board of Education,a run-off election would be held to determine which of the candidates who received the exact same number of votes would serve on the Board of Education. BE IT FURTHER RESOLVEDt that the Clerk of the Board of Education is hereby authorized and directed to fY capias hereof as required to the County Elections Supervisor and the County Superintendent of Schools. PASSED AND ADOPTED by the Board of Education of the West Contra Costa Unified School District on the 2°'day of June 2004,by the fallowing vote: AYES: 4 NOES: 0 ABSENT:_ „IABSTAIN: ._Q_ I certify that the foregoing resolution was duly introduced,passed, and adopted by the Board of Education at a meeting held on June 2,2004. lona L. 7 l :tort Secretary,Toard of Education 3-66 BB 9220 (a) t B, laws of tl.e_ ale ar c^,oq,Fsrnin; Poard Eleccigns Gave--ninq Board election procedures shall be conducted in accordance with the Education Coder of the Stated of California and the State Elections Code. (cf . 9220 - Calendar Covering School District Board Elections) gtAjteMt Otual £ieMatie its in order to encourages qualified voters to run for election to the Board, the district shall pay the cost of printing, handling, translating, and mailing candidate statemttntes filed pursuant to Elections Code 10012. Candidates' statements shall be limited to two hundred (200) words. The secretary of the Board shall notify the county clerk of this policyaon or before the 125th day prior to each election of Board members. � ,�,oa,�Eleecticar� Forums The fest Contra Costa Unified School District shall sponsor a series of five candidates' forums preceding the Governing Board election. The District would, provide for the meetings to be held at each of the five high schools with a neutral party invited to moderate the events. . , . .In, Rid.&Mbgr Elections In the event a tie makes it impossible to determine which of two Or more: candidates has been elected to the Board, the Board shall call a runoff election. (Legal Reference: see next page) 3-67 ......... ......... ......... ......... ......... ......... ......... ......... ......... ........ ......... ......... .._. _.... ._ _..... .......... ......... ......... ......... ......... Goy+ ren .sur 'U4 11:22 9220(b) Eyl.aws of the poard Legal Reference: gDUCATI2 QQD 5000-5033 Election of Governing Board members 5300-5300 General provisions (conduct of elections) 5320-5329 Order acct call of elections 5340-5345 Consolidation of elections 5360-5366 Election notice' 5390 Compensation (of election officer) 5390-5353 'Voters requirements 5420-5426 Cort of a3actions 5440+-5444 Mi$cellanenux provisions (res returns, recounts, etc. ) 35107 Eligibility BLECTrONS �O N..� V 10012 Candidate's statement Byia►w WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT adopted: August 16, 1999 Revised: February 26, 1997 Revised: May 21, 1997 s-6a cm rte so.+rt -zu 'k44 11:23 35101 L.EMWLJy'T`ARY A SEC M MRY EDU CA19ON 702 wperwive ApM$0.1411, Amended by Siam 1077.c. 36. 1 1211 4°f-Folewatdor 3147. '� b�; seh«,l dixtriet c,atfi pferrsx:; tatrp iiatita. 4pr l 20,1977,openafise A rril 3t%1917 r tions. v*W#saddetleaa)Any person, regardkas of scx, who is IS years of age or1 35102. Pr tt meeting t, a dtican of the stele,r resident of the schotiol district. aWithin til days after riot xpptuiarmertt err ekes tiop of the interimstend voter,and who i9 not disqualified by the Contikution oror initial governing board of soynewly formed district,tine tautsry of the taste lrcxn hokdiny s civ#I aflttz,is eligible tv be electedsuperlascadent of schoolshaving jurisdiction over the district sha11ppoint a nactakber of a governing hard of a school district out further qualifications:tali a meeting of the board,by giving each member of the board atIcon f0 days'notice of cutch meeting by registered mail. At the )(1) An employee of a aeho of district may tent be sworn into,inocting the board thsli appoint such off,""as boards of its cissae as an elected or appointed mermber of that school district`s arc required to appoint at annual meetings pursuant to Amici;3r ting board urdets and until he or she resigns as an tovployte. (actsmmscttcing with Season 35fafl)cf t taptcr 2 of chic division, e ranployee dors sit resign,tete exzrpioymentwillauwmatieal- nanvc the district pit mat to Article i(Comtmencing with Swinrudnate upon being sworn into office. 35MM)of Chapter°I of this and Bray pondum of transact any ) Far arty individual who is an employee of a school distrftratlur bttstt9s rcixtfng to tphc aaira of the dkcttct which sett art cfrsted or s}spolntai nuar»lttr cad that sc3tool dist:ices properly be conducted or transacted at a regular meeting of thegoverning,board prim to school 1, IM, this subdivision 91»14 Ward. fSteu 1476,c.101A 1 x opera rive April 10,1477:1 apply when he or she it reelected or reappointed,on of after Uismasy 1, Im as a encinber of the school diorite`s governing ; 35140. Flection and tet ra of ttretabors In newly formed districts for which an interim giovoming board (e) Notwithstanding any other provision of lows the governing is appointed by the county superintendent of schools,a governing board of a school district may adopt or the residcnut of the 9chom board member election shall be held: district may propose,by initiaslve,a propasai to limit or repeal a limit on the number of terms a mernbcr of the governing hoard of (a) When the action necessary for the formation of a new the Wind district nay seisvc on the goverrtin&board of the school school district is completed on or before the first of January of any district, Any proposal to limit the number of terms a member of odd-oumbercd year,on the first Tuesday after the:fast Monday in the governing board of the school district may serve arty the (March of such year. governing board of the!echoed district shall apply prospectively (b) When the action necessary for it, formation of a new opky and shall not btcopte exrrerativa units it is submitted to the school district is completed after the lute of February of any ytaT, eteuctats df the schc«sl dairies at a regularly scheduled election and whether vrca numbered or add numbered,'on theRrat Tuesday a majority of the votes resat on the clues tion favor the adoption of abet the first Monday in March of the am sdc coedlrst year. the po"o"l• t. The,terms of the members elected at the initial election Shelf (Q}(1}An iaitiativc measure proposed pursuant to subdivision begin an rest Gay of April,and the terms of their pressors (e) shall be subje m to the.procedures tot forth fa Chapter 6 w stall expire on the 31st day of?March, following the election. Ctbg vrttli Section"W)of Dfi3aioa 9 of the Electiotss �� f3ratt 1976,c.Ili&12,operative April 30,1977.} code. r (2)A litttpttsaf wIrmittel to the electors by the governing board 5 35i9s. teems of members pursuant to subdivision(t)dptll be subject to the procedure set Earth fn Chapter 6( otnnve nctng with Section 45M of Division 4 Subject to the procca ares pttwftd by Sections ons 5010 and of the Mectiatu Code, . $007, with ntspoct to n c"formed unified school districts. tate (e)A membar of the governing board of a school district shall 3+` majority of membe n of the first oteeted hoard of say newly formed #:. school district.the members of which maijorlity received tete abstaia front voting on>personnel station that uniquely Iota a 4#b'!best relative of the member but envy vote on � bargoiniag number of votes,shall serge until the first Friday in Ltocember of ,agraet err and personnel matters that effect a class of employees the second succeeding odd numbered you. 'she other mtmberx' to which the relative below For of this section, teems shall mtpve cert the:first Friday in P,)eeatrrber of the tint .relative"met is an adult who is related to the peach by blood in succctdiag odd-numbered year. All of these members shelf affinity within the third degree,as determined by the common law. continue in offset until their surctuort are elected and qualified. or an individual In an adopt vc relationtbip within the third (Serest-1974 c_ 101A 1 2. Weradve April 30,, 1477 Amo ded by deSm, fSrats.lf+7b, t. 10117, 1 1, e>per,dwr .tpol 30. 1977 , Sears:1419,c. 9,p.27.1 16,of...Match 9 1979, Sterr.149x c"470 Arrwnded by Statc.1991.r. 1065(111,1154), ft $ Staml`995,r..2' (AAJ4). j 1; SraaI995. C. e:3? fS.B.Z}, F 2, Srari.l9D#, t. h74 ;, t Repwcskd: sec l :stttxi.S` !�B.$2j li ti.t 'r„ 4 35106. Terms efmembers; rearganiaesidistricts AR71CLE I.S. COMMON GOVERNING BOARDS i When a member of the govttrtiug board of a sc-imoi district which 6 being rtutgsnized and which will crass to exist takes Seca" $. affix as a member of the initial or interim governing board of a 35110. Adoption of resolution tasking articic xpp6cabic. newly formed school district,be or she shall cease to be a member 351 f L Elementary and high rdsoot districts; latus as shilk of the governing board of the district being rootganized unless he etabool district, exceptions; annual publication of or she:elects to remain is member of that board. If the member fund transfers, does not elect to remain on the hoard of the district being 35112. francfer of fund,hutwccn di. rictw. {' reorganized, the county board of education shalt then appoint 35 t 113. L.rnglh of t,eervior of ernpkrycvs; computation. aooxhcr person who is eliltibb to serve:an the:goemornial loud of r the diNtriet being rtosrpnized to the vacant poidtion for the 6 351111, Adoption of t stiliotlaa maklog article NWk*bk durAdon of the exixtetuce:of the&trict buitgt reorganized,taut in When the membership or the gaverrrft bcurdt,of an tic nr4ntnry . no caws for winger than 11 nwrahs. (Swu.1976, r. 1010. 1 2 wohtroi district and a high school district 4 the same-end if the operartve Aprd,tit rte77. .meed by Stats.2000. c- IOU (A-B. cetttiftcated emphryces in hath districts have s.aleetad the ware 2407t,f 16.3 employee organiudoo to be their ezelutive tepretasentalwt f rr 3-69 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT NOTICE TO THE COUNTY ELECTIONS OFFICIAL(Elections Code 10609) SCHOOL DISTRICT FACT SKEET FOR THE I V2/04 GENERAL ELECTION t. NOTICE TO THE COUNTY ELECTIONS OFFICIAL.fact sheet must be completed and returned to the Elections Department pQ fitter thea July 5. 200s. (Education Code 5324) A. Incumbent information I have checked the attached INCUMBENT DATA BY OFFICE information for the elective officers of this district according to our records. The information is correct. The information Is incorrect. I have marked needed changes and have listed the dates of vacancy and appointment if they are different from the information on the form. Number of FULL TERM seats up for election: 2 Number of SHORT TERM seats up for election: B. District's Regulations for Candidate Statement Word Limit: 200 �r District will pay for candidate's statement. Candidate will pay Elections Department the full estimated fee for a statement at the time nomination papers are tied. C. Action to be taken in the event of a be vote (Education Code 5016) In the event of a tie vote,the winner shall be determined by lot at a time and place designated by this board. -�i e. In the event of a V~vote,the governing board shall call a run off election on the sixth Tuesday following the election at which the be vote occurred. 2. RESOLUTION CALLING FOR AN ELI=CTION(Education Coda$322.6323) Enclosed is the resolution adopted by the governing board members. The resolution ldgg include a Request for Consolidation,Ward Limit for Candidate Statement, who pays for candidate statement and'action to be taken in the event of a tie vote. Resolution is not enclosed. The Resolution must be delivered to the County Superintendent by July 2. 204. The County Superintendent must deliver the resolution to the Election Department j1p later than,jufY,3.2t . 3. DISTRICT OR TRUST{ E AREA BOUNDARIES No changes to district or trustee boundaries. Changes have been made to district or"tee boundaries since July 2002. 1 have provided a map and marked on the map any boundary changes and i Ludedathchanges wrimth this Fact Sheet. r DATE SiGNED Gloria johnstan PRt 1rW NAME DISTRICT SEAL 2108 Bissell Avenue, Richmond,-C& 94801-3135 MAILING ADDRESS 55tQ1.620-2 05 AREA CODE r PHONE NUMBER Ucce4g101kShwed DoeumentskELECTIOM200411 102041Schoots%0i9trict Fact$heat Merge.dac 3-70 r _ zcrit ren+ d ur-t c U 'b4 11 21 ur1 c t to d WPI b O 4r O +7f aT a lV a m O i�CY C O P s- uI t, r; r;�,.t,. r; r� c- t,„r. tw r;r- r-r,. a, r; r• o- r• c; r•r;rd t.. r; e��r� r-t` r- r r;r,c- r� a r•r;c- Lu VV� � ss�33 , G4ii • � • 2 .ftp . It I -T tGr it4 ill fil ` CY W) 4) ul, to 00 µ M � 93 9 � to V. � � tq Ina C4 3 ` ChE to 'E to lcl- . too o 796 6 I0.� tt (7artY ui t>ot �rw s ` tit �L7 mi a eqw Q* v a P. ti do Kfw2 #I y w a �'� O L v *lX r 4C W. rr V. cr t iY w�- CC w (K r 3-71 Exhibit 4 OCTA Measure C Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925)335--1800 Martinez, CA 94553 Fax: (925)646-1078 Date: August 3, 2004 CIMUM To: Stephen L. Weir, County Clerk-Recorder [EER UG 0 6 RECT l Attn: Candy Lopez, Assistant County Registrar From: Silvano B. Marchesi, County Counsel "f 1` ,- - I By: David F. Schmidt, Deputy County Counsel ' l Re: Special Election for Voter Approval of Extension of Local Transportation Sales Tax November 2, 2004 Election Attached is a certified copy of County Ordinance No. 2004-32, which was adopted by the Board of Supervisors on August 3, 2004. Pursuant to Public Utilities Code Sections 180201 and 180203, the County ordinance calls a special election for submitting the above measure to the voters and directs that the election be consolidated with the November 2, 2004 Statewide General Election. Also attached is a certified copy of Ordinance No. 074-02, which was adopted by the Contra Costa Transportation Authority ("CCTA"). CCTA's ordinance includes a county transportation expenditure plan entitled "The Measure C Extension, Contra Costa's Transportation Sales Tax Expenditure Plan." Both the county transportation expenditure plan and CCTA's ordinance must appear in the voter information handbook (see Ordinance No. 2004-32, Section VI). In addition, the sample ballot to be mailed to the voters must include the full proposition set forthin the County ordinance calling the election (see Ordinance No. 2004-32, Section 111). Please confirm that your office has received these materials and that you will place this measure on the November 2, 2004 ballot. DFS/ Attachments: . (1) County Ordinance No. 2004-32 (certified copy) (2) The Measure C Extension, Contra Costa's Transportation Sales Tax Expenditure - Plan (certified copy) (3) OCTA Ordinance No. 04-02 (certified copy) 4-1 Candy Lopez August 3, 2004 Pa2e 2 cc: Contra Costa County Board of Supervisors Dennis M. Barry, Director of Community Development Bob McCleary, Executive Director, Contra Costa Transportation Authority Nossaman, Guthner, Knox & Elliott, LLP Attn: Stanley S. Taylor 4-2 .......... ............................. . . .............................................................. ORDINANCE NO. 2004-32 (Calling of Special Election for Voter Approval of Extension of Local Sates Tax for Transportation Purposes) The Contra Costa County Board of Supervisors ordains as follows: SECTION 1. SUMMARY. This ordinance calls a special election, at the request of the Contra Costa Transportation Authority, referred to as the "Authority," for the purpose of submitting to the voters for approval the continuation of a one-half of one percent sales tax for the transportation projects described in the tax ordinance and county transportation expenditure plan previously adopted by the Authority. SECTION 11. RECITALS AND FINDINGS, This ordinance is made with reference to the following recitals and findings: Local highway and transportation improvements in Contra Costa County are needed to address the serious countywide traffic congestion that threatens the economic viability of the area and adversely impacts the quality of life therein. In order to deal with current and future local transportation maintenance and improvement needs, local jurisdictions need to develop and implement local funding programs that go significantly beyondcurrent federal and state funding, which is inadequate to resolve these problems. It is in the public interest,under the Local Transportation Authority and Improvement Act (Public Utilities Code Section 180000 and following), to allow the voters in Contra Costa County to implement and continue a retail transactions and use tax ordinance for the purpose of funding a transportation expenditure plan to raise additional local revenues to provide transportation improvements and maintenance and to meet local transportation needs in'a timely manner. On August 3, 1988, the Authority unanimously passed and adopted the Contra Costa Transportation Improvement and Growth Management Ordinance (Ordinance No. 88-01). The purpose of that ordinance was to establish and implement a one-half of one percent retail transactions and use tax(sales tax) in Contra Costa County. The ordinance became effective on November 8, 1988, the day it(Measure C)was approved by a majority of the voters in that election. The ordinance thereafter became operative on April 1, 1989, and the imposition of the tax currently is set to expire on March 31,2009. The expenditure of the revenues derived from the sales tax is governed by the terms and conditions of a county transportation expenditure plan ("TEP"). The Authority., adopted the original 1988 TEP after the Contra Costa County Board of Supervisors and a majority of the cities within the county having a majority of the population within the ORDINANCE NO. 2004-32 1 4-3 ............. ............... ............ ....... incorporated portion of the county approved the TEP, subject to the voters' subsequent approval of the retail transactions and use tax at the November 8, 1988 general election. On May 26, 2004, the Authority adopted a new draft TEP utilizing revenues from a proposed extension of Measure C and approved Ordinance No. 04-02 which would authorize, subject to approval by two-thirds of the electorate on November 2, 2004, an extension of the one-half of one percent local transportation sales tax covering the period from April 1, 2009 through March 31, 2034. 1 As of July 21, 2004, all of Contra Costa's nineteen cities and towns representing 100 percent of the incorporated area population, and the Contra Costa County Board of Supervisors, have approved the new TEP prior to its final approval by the Authority Board and in order for Ordinance No. 04-02 to be placed on the November 2, 2004 ballot. On July 21, 2004, the Authority Board approved the new TEP (The Measure C Extension, Contra Costa's Transportation Sales Tax Expenditure Plan)for the sales tax extension authorized by Ordinance No. 04-02 and requested that the Contra Costa County Board of Supervisors place Ordinance No. 04-02 and the extension of the local transportation sales tax on the November 2, 2004 ballot. SECTION Ill. CALIF OF SPECIAL ELECTION. At the request of the Authority, pursuant to Public Utilities Code sections 180201 and 180203, the Board of Supervisors hereby calls a special election for the purpose.of submitting the following proposition to the voters of the incorporated and unincorporated territory of Contra Costa County for approval: "Shall voters approve a Transportation Expenditure Plan to extend and improve the BART system, add a Fourth Bore to the Caldecott Tunnel and improve Highway 24, widen and improve Interstate 80, 680 and Highway 4, maintain and improve local streets and roads, improve transit for seniors and disabled persons, and authorize a 25-year continuation of the local half-cent sales tax to implement the Transportation Expenditure Plan, which shall not increase the current sales tax?" SECTION IV. CONSOLIDATION. Said election shall be consolidated with the Statewide General Election to be held on November 2, 2004. SECTION V. CONDUCT OF ELECTION. Pursuant to Public Utilities Code Section 180203(b), the County Clerk (Elections Clerk) shall conduct said election in the same manner as provided by law for the conduct of special elections bya county. SECTION VL _SAMPLE BALLOT AND VOTER HAND-BOOK. Pursuant to Public Utilities Code Section 180203(c), the sample ballot to be mailed to the voters shall ORDINANCE NO. 2004-32 2 4-4 contain the full proposition, as sat forth in Section III of this ordinance, and the voter information handbook shall include the entire county transportation expenditure plan (The Measure C Extension, Contra Costa's Transportation Sales Tax Expenditure Plan) and the tax ordinance (Ordinance No. 04-42) referred to in Section Il of this ordinance. SECTION VII. ELECTION COST. -Pursuant to Public Utilities Code section 180203(a), the Authority shall reimburse the County for all costs of conducting said election. SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective immediately upon passage and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this county. PASSED on August 3 , 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKE'MA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: ,John Sweeten, Clerk of the Beard of Supervisors and County Administrator By: r puty Clerk D10--L Board Chair [SEAL] DFS/ HAE-Mad AttachrrentstMeasure C ordinance 7.27-04,doc ORDINANCE NO. 2004-32 3 4-5 .......................................... ... .. ............... cowmws 1'RAMW0MA1=AUff40R1TY rE CERTMPBY Tfh 4 lsu re C Extension CONTRA COSTA'S TRANSPORTATION SALES TAX EXPENDITURE PLAN Final Draft — May 26, 2004 Final —July 21, 2004 r. ........ . ..... .. ............ 0 CONTRA COSTA TRANSPORTATION AUTHORITY 4-7 The Measure C Extension CONTRA COSTA'S TRANSPORTATION SALES TAX EXPENDITURE PLAN Final Draft — May 26, 2004 Final July 21, 2004 0 CONTRA COSTA TRANSPORTATION AUTHORITY 4-8 ........................... ................ ........................... Contents The Contra Costa Transportation Sales Tax Expenditure Pian Final Draft Expenditure Plan.....................................................................................2 PartI Summary..................................................................................................4 Part 11 Detailed Project And Program Descriptions.................................8 Part III The Growth Management Program...............................................21 Attachment A: Principles of Agreement for Establishing the Urban Limit Line....................................................25 Part IV Summary of the Contra Costa Transportation for Livable Communities Program..................................................27 0 CONTRA COSTA TRANSPORTATION AUTHORITY 3478 Buskirk Avenue, Suite 100 Pleasant Hill, California 94523 925 407 0127 phone a 925 407 0128 www.ccta.net 4-9 1 4-10 TRANSPORTATION SALES TAX EXPENDITURE PLAN The Contra Costa Transportation Serres Tax Expenditure Plan The projects and programs that follow constitute the Transportation Expendi- ture Plan for the extension of the<transportation sales tax initially authorized by the passage of Contra Costa Measure C in November 1988. As required under the Local Transportation Authority and Improvement Act (SB 142, Chapter 786, Statutes of 1987; Sections 180000 et seq. of the Public Utilities Code), the expenditures are "for the construction and improvement of state highways, the construction, maintenance,improvement, and operation of local streets,roads, and highways, and the construction, improvement, and operation of public transit systems`., including paratransit services (California Public Utilities Code I8020S),and for specific efforts supporting such investments. MAY 26, 2004 4-11 TRANSPORTATION SALES TAX EXPENDITURE PLAN Final Draft Expenditure Pian Distribution of Funding By Subregion Centra! West Southwest Ease S millions % (a} (b) (c) (d) i CAPITAL IMPROVEMENT PROJECTS ' I Caldecott Tunnel Fourth Bore 125 6.3% 62.5 62.5 2 BART- East Contra Costa Rail Extension 150 7.5% I 150.0 3 State Route 4 East Widening 125 6.3% i 125.0 14 Capitol Corridor Improvements Including Rail 15 0.8% 75 7.5 Stations at Hercules and Martinez ' 5 East County Corridors:Vasco Rd,SR4 Bypass, 94.5 4.7%.l 94.5 Byron Hwy,Non Freeway SR4 6 Interchange Improvements on 1-680&State Route 36 1.8% i 36.0 242 7 1-80 Carpool Lane Extension and Interchange 30 1.5% i 30.0 Improvements 8 1-680 Carpool Lane Gap Closure/Transit Corridor l00 5.0% j 75.0 25.0 Improvements 9 Richmond Parkway 16 0.8%`# 16.0 SUBTOTAL 691.5 34.6% { 181.0 53.5 87.5 369.5 COUNTYWIDE CAPITAL AND MAINTENANCEPROGRAMS 10 BART Parking,Access and Other improvements 41 2.1% i 12.0 15.0 3.0 11.0 I I Local Streets Maintenance&Improvements 2 360 18.0%; 108.0 82.8 79.2 90.0 12 Transportation for Livable Communities Project 100 S.0% 29.0 24.0 18.0 29.0 Grants 2 1 13 Pedestrian,Bicycle and Trail Facilities ; 30 1.5% 2.5 2.5 2.5 2.5 SUBTOTAL 531 26.6% 151.5 124.3 102.7 132.5 OTHER COUNTYWIDE PROGRAMS 14 Bus Services' 100 5.0% 24.0 52.0 15,0 9.0 15 Transportation for Seniors&People with 100 5.0% 25.0 35.0 17,0 23.0 Disabilities' 16 Express Bus' 86 4.3% '; 20.0 40.0 20.0 6.0 17 Commute Alternatives 20 1.0% 5.8 4.8 3.6 5.8 18 Congestion Management,Transportation Planning, 60 3.0% Facilities&Services SUBTOTAL 366 18.3% 74.8 1318 55.6 43.8 SUBREGIONAL PROJECTS AND PROGRAMS 19 Additional Bus Transit Enhancements' 68.5 3.4% 24.0 44.5 20 Additional Transportation for Seniors and People 23 1.2% 10.0 13.0 with Disabilities' 21 Safe Transportation for Children' (Lamorinda 90.9 4.5% j 10.0 14.5 66.4 and San Ramon Valley School Bus Programs, West County Low Income Student Bus Pass j Program,Central County School Access Programs, Pedestrian and Bicycle Improvements,etc.) 2 MAY 26, 2004 4-12 ......... ......... ......... ........_-.._.. _. .. ... ...... ......._...... .......... ............ .......... ........ ......._.... ......_._... ......... ......... ......... TRANSPORTATION SALES TAX EXPENDITURE PLAN Distribution of Funding By Subregion Central West Southwest East _ $millions % (a) (b) (c) (d) 22 Ferry Service in West County45 2.3% 45.0 23 Additional Local Streets and Roads Maintenance& 41.8 2.1% 20.0 11.0 10.8 Improvements 24 Major Streets:Traffic Flow,Safety and Capacity 80.4 4.0% ! 48.0 14.4 1&0 I Improvements 25 Additional Transportation for Livable Communities 8 0.4% `: 8.0 Project Grants s 26 Additional Pedestriam,Bicycle and Trail Facilities 0.8 0.0% 0.8 27 Capitol Corridor Rail Station Improvements at 2.5 0.1% ` 2.5 Martinez 28 Subregionai Transportation Needs 30.6 1.5% i 16.2 6.0 4.7 3.7 SUBTOTAL 391.5 19.6% 130.7 142.8 96.3 21.7 OTHER } 29 Administration 20 1.0% TOTAL 2,000 100.0% Central West Southwest East Specific Projects and Programs(Total)b 1,900 538.0 452.4 342.1 567.5 Population Share(2020 Estimate)of Total 29.0% 24.0% 18.0% 29.0% %allocated to Projects and Programs in subregion I 28.3% 23.8% 18.0% 29.9% %of"Fair Share"of Projects and Programs 97.6% 99.2% 100.0% 103.0% I: Funding is for both capital improvements and costs incurred to accelerate delivery into the early years of the program (2009-10 through 2015-16) 2: Actual funding levels will be determined by formula:For 16%Local Street Maintenance and Improvements funds,annually; for TLC,every three to five years. 3: Pedestrian and bicycle facilities improvements are also eligible to be funded from the Transportation for Livable Communities Project Grants,Local Streets and Roads Maintenance&Improvements,and Major Streets:Traffic Flow, Safety, and Capacity Improvements categories.$20 million out of the$30 million to be made available countywide. Remainder($10 million)to be divided by sub-region. 4: Transit Operators are required to set aside up to 3%of their annual allocation as a reserve to offset potential future revenue downturns. 5: A summary of the Transportation for Livable Communities(TLC)program is included in Part IV. 6: "Total"excludes$20 million for Pedestrian,Bicycle and Trail facilities,$60 million for Congestion Management, Transportation Planning,Facilities&Services,and$20 million for Administration MAY 26, 2004 3 4-13 .............. TRANSPORTATION SALES TAX EXPENDITURE PLAN PART I SUMMARY lCapital Improvement Projects ICaldecott Tunnel Fourth Bore................................................................................................ ........$125 million Construct a two-lane fourth bore to match the through-lane capacity on both sides of the tunnel to reduce delays and improve the predictability of travel in the non-peak direction. 2 BART— East Contra Costa Rail Extension......... ............................................................................$150 million Extend rail or other high-speed transit service from the Pittsburg/Bay Point BART station eastward to the cities of Antioch, Oakley, Brentwood and the com- munity of Byron. 3 State Route 4 East Widening.............................................................................................................$125 million Complete the widening of State Route 4 in East Contra Costa to provide a total of four lanes (including bus/carpool and auxiliary lanes) in each direction to State Route 160. 4 Capitol Corridor Improvements Including Rail Stations at Hercules and Martinez.................$15 1 million $7.5 million is available to construct a new station at Hercules and may be used for Capitol Corridor operations. STS million is available to construct parking and pedestrian facilities at the Martinez Rail Station. 5 East County Corridors(Vasco Rd,SR4 Bypass, Byron Hwy, and Non-Freeway SR 4).......$94.5 million Construct capacity and safety enhancements to Vasco Road,the State Route 4 By- pass, Byron Highway and the existing Route 4 through Brentwood and Oakley. 6 Interchange Improvements on Interstate 680 and State Route 242............................................$36 million Construct improvements at the following interchanges: 1-680/SR4, SR 242/ Clayton Rd, I-680/Marina Vista, and/or SR 4/Willow Pass Road. 7 Interstate 80 Carpool Lane Extension and Interchange Improvements.....................................$30 million Construct improvements at the 1-80/San Pablo Dam Road and 1-80/Central Avr enue interchanges-, complete the bus/carpool lane to the Carquinez.Bridge. 4 MAY 26, 2004 4-14 ................................... TRANSPORTATION SALES TAX EXPENDITURE PLAN 8 Interstate 680 Carpool Lane Cap Closure/Transit Corridorlmprovements......................:$100 million Extend existing bus/carpool lanes on southbound 1-680 from North Main Street to Livorna Road and northbound from North Main Street to north of SR 242. Construct bus/carpool on-and off-ramps at Norris Canyon Rd and/or Sycamore Valley(toad, and other transit corridor improvements. 9 Richmond Parkway.................................................................................................................:................$16 million Upgrade the Richmond Parkway by constructing intersection and interchange improvements, and/or provide funds to maintain the roadway. Countywide Capital and Maintenance Programs 10 BART Parking,Access,and Other Improvements...........................................................................$41 million Construct improvements to the BART system such as additional parking,;station access, capacity, safety and operational improvements. I I Local Streets Maintenance & Improvements...................................................................................$360 million Eighteen percent of annual revenues are allocated to local jurisdictions on a for- mula basis for transportation projects to be determined locally, including street and road maintenance, subject to compliance «=ith the Growth Management Program (GMP). 12 Transportation for Livable Communities Project Grants (CC-TLC)......................................$100 million Five percent of sales tax revenues are to be used to implement specific transporta- tion projects that encourage the use of alternatives to the single occupant vehicle such as: pedestrian, bicycle and streetscape facilities;, traffic calming and transit access improvements. Allocations are subject to compliance with the GMP, as outlined in the CC-TLC Summary included as Part 1V of this Expenditure Plan. 13 Pedestrian, Bicycle and Trail Facilities.................................................................................................$30 million One and a half percent of revenues are for construction of pedestrian and bicycle facilities including regional trails throughout Contra Costa. Other Countywide Programs, 14 Bus Services..................4..... ..., .. ... .....................................$100 million Five percent of annual revenues are for bis service provided by all Contra Crista bus transit operators to alleviate traffic congestion and improve regional or local• - mobility for Contra Cotta. MAY 26, 2004 S 4-15 ..........................................I...... .........I......... TRANSPORTATION SALES TAX EXPENDITURE PLAN 15 Transportation for Seniors & People with Disabilities........................................ .......................$100 million Five percent of revenues are for Transportation Services for Seniors & People with Disabilities. 16 Express Bus......................................... ....................................................................................................$86 million Provide express bus service to transport commuters to and from residential areas, park &ride lots, BART stations/transit centers and key employment centers. 17 Commute Alternatives.......—.................................................................................................................$20 million Provide and promote alternatives to commuting in single-occupant vehicles, including carpools,valipools and transit. 18 Congestion Management,Transportation Planning, Facilities&Services...................................$60 million Implement the countywide GMP, prepare the countyWide transportation plan, and support the programming and monitoring of projects that are to be funded with federal and state funds, as well as the Authority's Congestion Management Agency functions. Subregional Projects and Programs There are four subregions within Contra Costa: Central, West, Southwest and East County• The objective of the subregional Projects & Programs category is to recog- nize the diversity of each subregion by including projects/programs that are critical to addressing local transportation needs. Central County (TRANSPAC subregion) includes Clayton, Concord, Martinez, Pleasant Hill, Walnut Creek and the unincor- porated portions of Central County. West County (WCCTAC subregion) includes El Cerrito, Hercules, Pinole, Richmond, San Pablo and the unincorporated portions of West County. Southwest County (SWAT subregion) includes Danville, Lafayette, Moraga, Orinda, San Ramon and the unincorporated portions of Southwest County. East County (TRANSPLAN subregion) includes Antioch, Brentwood, Oakley, Pitts- burg and the unincorporated portions of East County. 19 Additional Bus Transit Enhancements.............................................................................................$68.5 million In addition to the $100 million for bus transit improvements countywide, ad- ditional funding is allocated for bus transit improvements in two subregions: Central County ($24 million) and West County ($44.5 million). 20 Additional Transportation for Seniors & People with Disabilities...............................................$23 million In addition to the$100 million for transportation services for seniors and people with disabilities under the countywide program, additional funding is allocated for transportation for seniors and people with disabilities in two subregions: Central County (S10 million) and West County (SJ 3 million). 6 MAY 26, 2004 4-16 ............................................... ........ TRANSPORTATION SALES TAX EXPENDITURE PLAN 21 Safe Transportation for Children..................................................................................................... $90.9 million In Central County, S 10 million is for projects to provide transportation to schools such as transit incentive programs,and pedestrian and bicycle facilities. In West County, S14.S million is for a loin-income student transit fare subsidy program. in Southwest County $26.4 million is for the Lamorinda School Rus Program, and $40 million is for a San Ramon Valley Schoch Bus Program and school-related access. 1 22 Ferry Service in West County..............................................................................................................$45 million Funds for ferry service in West County frorn Richmond,and Hercules or Rodeo to San Francisco. 23 Additional Local Streets Maintenance& Improvements..............................................................$41.8 million In addition to the 18% of annual revenues that are allocated to all jurisdictions (5360 million) for transportation projects to be determined locally, additional funding is allocated to jurisdictions in three subregions: Central County (S20 million), West County (S 1 I million), and Southwest County ($10.8 million). 24 Major Streets:Traffic flow, Safety and Capacity Improvements...............................................$80.4 million Improvements to major thoroughfares such as traffic signals, widening, traf- fic calming and pedestrian safety improvements, shoulders, installation of bike facilities, sidewalks, bus turnouts, curbs and gutters. The funds are allocated as follows: Central County (S,48 million), Southwest County (S 14.4 million) and East County (S 18 million). 25 Additional Transportation for Livable Communities Project Grants.............................................$8 million In addition to the 5100 million available on a countywide basis, S8 million is available for projects specific to West County. 26 Additional Pedestrian, Bicycle,and Trail Facilities.. ....................................................................$ 0.8 million In addition to the S30 million available countywide, $0.8 million is available for projects specific to West County. 27 Capitol Corridor Rail Station improvements at Martinez......................................... ................$2.5 million In addition to funds provided under the Capitol Corridor Improvement Project, an additional $2.5 million is to be allocated specifically to Martinez Rail Station improvements. 28 Subregional Transportation Needs..................................................................................................$ 30.6 million Each subregion will identify projects and/or programs to address its current and- future needs. The funds are allocated as follows: Central County ($16.2 mil- lion), West County (S6.0 million). Southwest County (S4.7 million) and Fast County (53.7 million). MAY 26, 2004 7 4-17 TRANSPORTATION SALES TAX EXPENDITURE PLAN PART 11 DETAILED PROJECT AND PROGRAM DESCRIPTIONS All of the following projects are necessary to address current and future transpor- itation needs in Contra Costa, and the proposed projects and programs constitute a "fair share" distribution of funding allocations to each subregion. However, through the coarse of the Measure, if any of the projects prove to be infeasible or cannot be implemented, the affected subregion rnay recommend to the Authority that funds be reassigned to another project in the same subregion so that the "fair share" allocation is maintained. Capital Improvement Projects I Caidecott Tunnel Fourth Bore...........................................................................................................$125 million Construct a fourth bore with two traffic lanes to match the through-lane capacity on both sides of the tunnel, and thereby significantly reduce delays and improve the predictability of travel in the non-peak direction.Final project will be subject to compliance with the California Environmental Quality Act (CEQA). 2 BART - East Contra Costa Rail Extension (e-BART)..................................................................$150 million Extend rail or other high-speed transit service from the Pittsburg/Bay Point BART station eastward to the cities of Antioch,Oakley, Brentwood and the com- munity of Byron. Subject to environmental review and assessment of alterna- tives, the likely preferred alignment will occupy the State Route 4 median tip to the Loveridge Road interchange and utilize existing rail right-of-way thereafter to Byron. BART, diesel multiple-unit trains and other guideway transit modes may be evaluated in detennining the most appropriate near-term and long-term investments. 3 State Route 4 East Widening.............................................................................................................$125 million Widen State Route 4 in East Contra Costa to provide four lanes (including a bus/ carpool lane) in each direction frorn Somersville Road to State Route 160, in- cluding auxiliary lanes between interchanges.Project components will be staged to provide congestion relief as quickly as possible with available funding. 4 Capitol Corridor Improvements Including Rail Stations at Hercules and Martinez................. $15 million $7.5 million is available to construct 425 parking spaces at the Martinez Rail Station including pedestrian, vehicular and potentially landside ferry access improvements as well as track improvements/equipment in the vicinity of the g MAY 26, 2004 4-18 ......... ......_..._....1..111 1111_ __ ... .. .........._............._....__.._...... ._..._..._.......__.._. ......... ......... ......... ........._. . . ..... ........_... ......... ......... TRANSPORTATION SALES TAX EXPENDITURE PLAN station and Ozol Yard. 57.5 million is available to construct the Hercules Rail Station improvements (including relocating railroad tracks, constructing station platforms and plaza, and a parking structure) and may be used for Capitol Cor- ridor track improvements, rolling stock, or for rail operations on the Capitol Corridor line in Contra Costa County. 5 EastCounty Corridors (Vasco Rd, SR4 Bypass,Byron Hwy,Non-freeway SR4)................$94.5 million This project will provide funds to assist in the completion of capacity and safety enhancements to Vasco Road,the SR 4 Bypass, Byron Highway, and the existing Route 4 through Brentwood, Oakley and unincorporated areas. For corridors lying outside of the 2004 boundary of the Contra Costa Coun- ty ULL, in effect as of May 26, 2004.(the ULL), local sales tax funds may be allocated by the Authority only to fund environmental reviews, route adoption studies,right of way protection and safety improvements,For such investments, allocations may be made by the Authority upon a determination that the project Sponsor has agreed to include the following in the scope of the relevant studies or projects: Assessment as to their potential for inducing additional development and identification of measures to minimize or prevent such inducement; Identification of appropriate project-related mitigations, including consid- eration of the purchase of abutters' rights of access, preservation of critical habitat and/or open space acquisition; and P Investments affecting facilities in Alameda County will be done in partner- ship with Alameda County jurisdictions. Subject to the above conditions, potential improvements include: S.l Vasco Road from the SR 4 Bypass to Interstate 580 in Alameda County. Funds shall not be allocated for the construction of capacity enhancing proj- ects outside of the ULL. Funds may be used to fund safety and operational improvements,and potentially consider realignment where warranted. 5.2 Widening and safety improvements (including safety-related capacity im- provements)to the non-freevvay portion of SR 4 from Main Street in Oakley to the eastern edge of Discovery Bay. This project also includes alignment and safety improvements to the two-lane levee road between Discovery Bay and the Contra Costa-San Joaquin Bridge. 5.3 Completion of the SR4 Bypass project. The project includes the upgrade of .. Marsh Creek Road and interchanges at the following locations: SR4/SR4 MAY 26, 2004 9 4-19 TRANSPORTATION SALES TAX EXPENDITURE PLAN Bypass/ SR160; Laurel Road; Lone Tree Way; Sand Creek Road; Balfour Road; Marsh Creek Road; and Vasco Road at Walnut Boulevard. 5.4 improvements to Byron Highway between Delta Road northeast of the City of Brentwood, and the Contra Costa-Alameda County line. 6 Interchange Improvements on Interstate 680 and State Route 242............................................$36 million 0 Construct improvements to reduce congestion and improve safety at (1) 1-680/ SR 4 interchange, (2) SR 242/Clayton Road Interchange northbound on-rarup and southbound off-ramp, (3) I-680/Marina Vista Interchange, and/or (4) SR 4/Willow Pass Road ramps. 7 Interstate 80 Carpool Lane Extension and Interchange Improvements.....................................$30 million Projects eligible for funding in this category include (with priority given to the San Pablo Dam Road and Central Avenue interchanges): 7.1 If'supplemental funding beyond the Regional Measure 2 commitment is needed, help construct an eastbound carpool lane extension along 1-80 from State Route 4 to the Carquinez Bridge approach. 7.2 Project development and construction of the I-80/San Pablo Dam Road in- terchange to improve traffic operations and safety and accommodate both pedestrians and bicyclists. 7.3 Project development and construction of the I-80/Central Avenue inter- change to reduce traffic backups on Central Avenue. 7.4 Project development and/or preliminary engineering towards the construc- tion of the SR 4/1-80 interchange and approaches. 7.5 Other interchange improvements may be considered for funding subject to WCCTAC concurrence. 8 Interstate 680 Carpool Lane Gap Closure/Transit Corridor Improvements..........................$100 million Projects eligible for funding in this category include: Extend existing bus/carpool lanes along I-680 in the southbound direction from North Main Street to Livorna Road, and in the northbound direction from North Main Street to north of SR 242. Construct bus/carpool on- and off-ramps at Norris Canyon Rd and/or Syca- more Valley Road. 10 MAY 26, 2004 4-20 TRANSPORTATION SALES TAX EXPENDITURE PLAN Transit corridor improvements that address congestion and/or increase people throughput along the I-680 corridor. 9 Richmond Parkway...........................................................................................:......................................$16 million Upgrade the Richmond Parkway to facilitate transfer of ownership to the California Department of Transportation, including potential intersection and interchange upgrades, aitd/or provide funds to maintain the roadway. The 1 Richmond Parkway is the priority project for this funding; however, funds not expended for this project may be reprogrammed at the City of Richmond's re- quest for Richmond ferry service. Countywide Capita! and Maintenance Programs 10 BART Parking, Access,and Other Improvements..........................................................................$41 million Construct improvements to HART such as additional parking, station access, capacity,safety and operational improvements. Projects funded by this category are subject to the review and approval of the applicable subregional committee, prior to funding allocation by the Authority. I 1 Local Streets Maintenance& Improvements....................................................................... 18% ($360 million) Funds may be used for any transportation purpose eligible under the Act and to comply with the GMP requirements. This existing program will continue distributing 18 percent of the annual sales tax revenues to all local jurisdictions with a base allocation of S 100,000 for each, the balance to be distributed based 50 percent on relative papulation and 50 percent on read miles for each juris- diction, subject to compliance with the Authority's revised GMP- Population figures used shall be the most current available from the State Department of Finance. Road mileage shall be from the most current State Controller's Annual Report of Financial Transactions for Streets and Roads.Pedestrian and bicycle fa- cilities are an important part of the regional transportation system. Moreover, as appropriate, components for routine accommodation of bicycle and pedestrian travel shall be incorporated as part of construction projects. 12 Transportation for Livable Communities Project Grants..................................................5% ($100'million) The CC-TLC Program is intended to support local efforts to achieve more compact, mixed-use development, and development that is pedestrian-friendly or linked into the overall transit systema. The program will fund specific trans- portation projects that: (a) facilitate, support and/or catalyze developments, especially affordable housing, transit-oriented or mired-use development, or' (b) encourage the use of alternatives to the single occupant vehicle and promote walking,bicycling and/«r transit usage.Typical investments include pedestrian, bicycle, and streetscape facilities, traffic calming and transit access improve- MAY 26; 2004 l l 4-21 TRANSPORTATION SALES TAX EXPENDITURE PLAN ments. Both planning grants and specific transportation capital projects may receive funding under this program. Jurisdictions will be eligible for projects that meet the eligibility criteria only if they are in compliance with the GMP at the time a grant is approved for funding allocation by the Authority. Eligible projects will be recommended to the Authority by each subregion based on a three- or five-year funding cycle, at the option of the RTPCs. Subregional programming targets will be based 1 on the relative population share of each in 2009, and adjusted every five years thereafter. Criteria are to include flexibility so that urban, suburban and rural communities can be eligible. A summary of the Transportation for Livable Communities program is in- cluded in Part IV. 13 Pedestrian, Bicycle and Trail Facilities.................................................................................... 1.5% ($30 million) Pedestrian, bicycle, and trail facilities, including regional trails are an important component of the regional transportation system. Two-thirds of the funds are to complete projects in the Countywide Bicycle and Pedestrian Plan. Consistent with the Bicycle Plan and the importance of bicycle and pedestrian facilities, other potential funding categories in this Plan for pedestrian/bicycle/trail facili- ties include: (a) Major Streets: Traffic Flow, Safety, and Capacity Improvements; (b) Safe Transportation for Children; (c) Local Streets and Road Maintenance; and (d) the Transportation for Livable Communities project grants. Moreover, where it is appropriate, routine accommodation for pedestrians and bicyclists should be incorporated in construction projects funded from these other cat- egories. One third of the funds are to be allocated to the East Bay Regional Park Dis- trict (EBRPD) for the development and rehabilitation of paved regional trails. EBRPD is to spend its allocation equally in each subregion, subject to the review and approval of the applicable subregional committee, prior to funding alloca- tion by the Authority.The Authority in conjunction with EBRPD will develop a maintenance-of-effort requirement for funds under this category. Other Countywide Programs The following programs will be available to fund countywide operational programs, based on a specific percentage of annual revenues received. With respect to transit operations (bus, transportation for seniors and people with disabilities, and express bus), the Authority will allocate funds on an annual basis and will establish guidelines (in cooperation -lith transit operators through the Bus Transit Coordinating Coun- cil) so that the additional revenues will fond additional service in Contra Costa. The' guidelines may require provisions such as maintenance of effort; operational efficien- cies including greater coordination; promoting and developing a seamless service; a 12 MAY 26, 2004 4-22 TRANSPORTATION SALES TAX EXPENDITURE PLAN specified minimurn allowable farebox return on sales tax extension funded services; and reserves for capital replacement. For the transit operating programs (Bus Services, Transportation for Seniors & People with Disabilities, and Express Bias) for years in which sales tax revenues in- crease at or above the change in the Consumer Price Index, the Authority will require that each recipient/operator retain up to 3 percent of its annual allocation to accurnu- late in a reserve.The reserve vvould be available as a contingency for application when done or more periods of decline in sales tax revenues, in inflation-adjusted dollars, requires application of the funds to "smooth out" the flow of revenues. The reserves would be available to sustain operations in the event of such economic downturns. 14 Rus Services...................................................................................................................................5%($100 million) This program provides funding for bats service provided by Contra Costa transit operators to alleviate traffic congestion and improve regional or local mobility for Contra Costa. Funds can be used to purchase transit vehicles, service opera- tions, maintenance and capital programs to assist operators in the implementa- tion of adopted plans.. The percentage of program funding now allocated to the bus transit opera- tors will continue. Reflecting the current distribution among the four parts of the county, the percentage of annual sales tax revenues will be distributed as follows, provided that the hus transit operators jointly consult and collectively report to the Authority each year on any proposed changes to the services that are currently funded from Measure C revenues, and the Authority concurs with the change: AC Transit, 2% ($44 million); County Connection., 2% ($40 million); Tri-Delta Transit, 0.4% (s$ million); i WestCAT, 0.6% ($12 million); i Golden Gate Transit Service from Richmond to Marin shall be funded at the discretion of WCCTAC and West County operators from the West Contra Costa transit funds. Under the subregional prograrns category, additional increments of 2.2% and 1.2% of annual sales tax revenues are available for West and Central County, respectively. MAY 26, 2004 13 4-23 TRANSPORTATION SALES TAX EXPENDITURE PLAN 15 Transportation for Seniors& People With Disabilities......................................................5% ($100 million) Transportation for Seniors & People With Disabilities or "Paratransit" services can be broadly divided into two categories: (1) services required to be provided by transit operators under the Americans with Disabilities Act (ADA) to people with disabilities; and (2) services not required by law but desired by commu- nity interests, either for those with disabilities beyond the requirements of the ADA (for example, extra hours of service or greater geographic coverage), or for non-ADA seniors. All current recipients of Measure C funds will continue to receive their FY 2008-09 share of the "base" Measure C allocation to continue existing pro- grams if desired, subject to Authority confirmation that services are consistent with the relevant policies and procedures adopted by the Authority. Revenue growth above the base allocations will be utilized to expand paratransit services and providers eligible to receive these funds. Paratransit funding will be increased from the current 2.97% to 3.5% of annual sales tax revenues for the first year of the nein program, FY 2009-10. Thereafter, the percentage of annual sales tax revenues IME increase by 0.10 % each year, to 5.9%in 2034 (based on a 25-year program). In 2003 dollars, this averages to 4.7% over the life of the program, which has been rounded to 5% to provide some flexibility and an opportunity to maintain a small reserve to offset the potential impact of economic cycles. The distribution of funding will be as follows: F West County paratransit program allocations will start at 1.225% of annual sales tax revenues in FY 2009-10, and grow by 0.03S%n of annual revenues each year thereafter to 2.065% of annual revenues in FY 2033-34. (An additional increment of 0.6S% of annual revenues is available for West County under its subregional program category.) In addition to the current providers, paratransit service provided by AC Transit and BART (East Bay Paratransit Consortium) in West County is an eligible recipient of program funds. Central County paratransit program allocations will start at 0.875% of an- nual sales tax revenues in FY 2009-10 and grow by 0.025%of annual rev- enues each year thereafter to 1.475% of annual revenues in FY 2033-34. (An additional increment of 0.SIX)of annual revenues is available for Central County under its subregional program category.) Southwest County paratransit program allocations will start at 0.59S% of annual sales tax revenues in FY 2009-10 and grow by 0.017° of annual revenues each year thereafter to 1.003% of annual revenues in FY 2033 34. 14 MAY 26, 2004 4-24 TRANSPORTATION SALES TAX EXPENDITURE PLAN East County paratransit program allocations will start at 0,80S% of annual sales tax revenues, and increase by 0.0230/fof annual revenues thereafter to 1-357% of annual revenues in FY 2033-34. Tramportation for Seniors&People xa=ith Disabilities funds shall be available for (a) managing the program, (b) retention of a mobility manager, (c) coor- dination with non-profit services, (d) establishment and/or maintenance of a comprehensive paratransit technology implementation plan, and (e) facilitation ! of countywide travel and integration with fixed route and BART specifically, as deemed feasilble. Additional funding to address non-ADA services, or increased demand beyond that anticipated, can be drawn from the "Subregional Transportation Needs Funds" category, based on the recommendations of individual subre- gions and a demonstration of the financial viability and stability of the programs proposed by prospective operator(s). 16 Express Bus.................................................................... .........................................................4.3%($$5 million) Provide express bus service and Bus,Rapid Transit (BRT) service to transport commuters to and from residential areas;park&ride lots, BART stations/transit centers and key employment centers. Funds may be used for bus purchases, service operations and/or construction/management/operation of park &ride lots and other bats transit facilities. Reserves shall he accumulated for periodic replacement of vehicles consistent with standard replacement policies. 17 Commute Alternatives............................................................... ......... ...................................1%($20 million) This program will provide and promote alternatives to commuting in single oc- cupant vehicles, including carpools, vanpools and transit. Eligible types of projects may include but are not limited to: parking facili- ties, carpooling, vanpooling, transit, bicycle and pedestrian facilities (including sidewalks, lockers, racks, etc.), Guaranteed Ride Home, congestion mitigation programs, SchoolPool, and clean fuel vehicle projects. Program and project rec- ommendations shall he made by each subregion for consideration and funding by the Authority. 18 Congestion Management, Transportation Planning, Facilities and Services.................................... ................................................. ....::..............,...........................3%($bd million) implementation of the Authority's GMP and county-Adde transportation plan- ning program; the estimated. incremental costs of performing the Congestion Management Agency (CMA) function currently billed to local jurisdictions; costs for programming federal and state funds; project monitoring; and the fa- cilities and services needed to support the Authority and CMA functions. MAY 26, 2004 I5 4-25 TRANSPORTATION SALES TAX EXPENDITURE PLAN 5ubregional Projects and Programs The objective of the Subregional Projects and Programs category is to recognize the diversity of the county by allowing each subregion to propose projects and pro- grams critical to addressing its local transportation needs. There are four subregions within Contra Costa: Central, West, Southwest and East County, each represented by a Regional Transportation Committee (RTPC). Central County (the TRANSPAC subregion) includes Clayton, Concord, Martinez, Pleasant Hill, Walnut Creek and the Iunincorporated portions of Central County. West County (the WCCTAC subregion) includes El Cerrito, Hercules, Pinole, Richmond, San Pablo and the unincorporated portions of West County.Southwest County (the SWAT subregion)includes Danville, Lafayette, Moraga, Orinda, San Ramon and the unincorporated portions of Southwest County. East County (the TRANSPLAN subregion) includes Antioch, Brentwood, Oakley, Pittsburg and the unincorporated portions of East County. Each subregion has identified specific projects and programs which include: school bus programs, safe routes to school activities, pedestrian and bicycle facilities, incremental transit services over the base program, incremental transportation ser- vices for seniors and people with disabilities over the base program,incremental local street and roads maintenance using the population and road-miles formula, major streets traffic flow, safety, and capacity improvements, and ferry services. With respect to transit operations (bus, transportation for seniors &people with disabilities, ferries and express bus), the Authority will allocate funds on an annual basis and will establish guidelines (in cooperation with transit operators through the Bus Transit Coordinating Council) so that the additional revenues will fund additional service in Contra Costa.The guidelines may require provisions such as maintenance of effort, operational efficiencies including greater coordination promoting and devel- oping a seamless service, a specified minimum allowable farebox return on sales tax extension funded services, and reserves for capital replacement,etc. For an allocation to be made by the Authority for a subregional project and pro- gram, it must be included in the Authority's Strategic Plan. CENTRAL COUNTY (TRANSPAC) 19a Additional Bus Service Enhancements...................................................................................'1.2% ($24 million) Funds v011 be used to enhance bus service in Central County, with services to be jointly identified by TRANSPAC and County Connection. 20a Additional Transportation Services for Seniors and People&Disabilities....................0.5% ($l0 million) Funds will be used to supplement the services provided by the countywide transportation program for seniors & people with disabilities and may include' provision of transit services to programs and activities. Funds shall be allocated A annually as a percentage of total sales tax revenues, and are in addition to funds provided under the base program as described above. 16 MAY 26, 2004 4-26 TRANSPORTATION SALES TAX EXPENDITURE PLAN .wro.€«-,. ,a,.:>'F'.t.+ie�, • ,,,. a.. an.,.r^,,,..,a,z++.-vti:%�'.�-_v;ivr,.wiinsm m.A..�..,.:-e.,..a^...,x�:.^�s>.. ,e..y:*,�.... r,;.•.vm=x,m .r..,x�,:= :Nee.,,a., s-....;,.wG,x.. 21a Safe Transportation for Children............................................................................................0.5% ($I0 million) TRANSPAC will identify specific projects which may include the SchoolPool and Transit Incentive Programs, pedestrian and bicycle facilities, sidewalk con- struction and signage, and other projects and activities to provide transportation to schools. 23a Additional Local Streets Maintenance and Improvements....................................................l% ($20 million) ! 'These funds will be used to supplement the annual allocation of the 18% "Lo- cal Streets Maintenance & Improvements" program funds for jurisdictions in Central County. Allocations will be made to jurisdictions in TRANSPAC on an annual basis in June of each fiscal year for that ending fiscal year, without regard to compliance with the GMP. Each jurisdiction shall receive an allocation using a formula of S0%based on population and 50%based on road utiles. 24a Major Streets: Traffic Flaw,Safety and Capacity Improvements.....................................2.4% ($48 million) Improvements to major thoroughfares including but not limited to installation of bike facilities, traffic signals, widening, traffic calming and pedestrian safety improvements, shoulders, sidewalks, curbs and gutters; bats transit facility en- hancements such as bus turnouts and passenger amenities,etc. 27a Capitol Corridor Rall Station improvements at Martinez................................................0.l%($2.5 million) Additional funding to supplement the $7.5 million identified for the project under Capitol Corridor Rail Station Improvements for the Martinez Intermodal Station and ferry, landside improvements. 28a Subregional Transportation Needs....................................................................................0.81 l($I6.2 r�nillion) TRANSPAC will propose programming funds for any project or program iden- tified in the Expenditure Plan, and to meet other future transportation needs of Central County eligible under the provisions of the Act. WEST COUNTY (WCCTAC) 19b Additional Bus Service Enhancements................................................................................2.2°f ($44.5 million) Funds will be used to enhance local bus service in West County, as determined by WCCTAC and the west county bus operators. Funds will be used to operate new service, including new bus lines, expanded service hours, improved fre- quency,expanded days of the week,etc. At least $4 trillion of the$44.5 million total would go to WestCAT. 20b Additional Transportation for Seniors and People with Disabilities.............................0.65%($13 million) As determined by WCCTAC, funds will be used to supplement the services provided by the countywide transportation program for seniors and people MAY 26, 2004 17 4-27 ................................-...... TRANSPORTATION SALES TAX EXPENDITURE PLAN with disabilities and may include, but are not limited to, Provision of dedicated shuttles to specific programs and activities, as well as sedan/taxi service, stipple- mental service provided by the cities, the County or transit agencies, expanded subsidies for fares, etc. ADA and non-ADA service will qualify. Funds shall be allocated annually as a percentage of total sales tax revenues, and in addition to funds provided under the base program as described above. 121 b Safe Transportation for Children: Low Income Student Bus Pass Program..............0.7% ($14.5 million) Establishment and operation of a program to expand die subsidy for bus transit fares for low-income students. 22b Ferry Service in West County...............................................................................................2.3% ($45 million) Funds for ferry service in West County from Richmond,and Hercules or Rodeo to San Francisco (with potential stops in-between). The funds may be used for capital improvements (landside improvements, parking, lighting, etc.), operat- ing the service, transit feeder service, way-finder signs, and/or other compo- nents of ferry service to be determined by WCCTAC and the San Francisco Bay Area Water Transit Authority (WTA), the agency authorized by the State to provide a comprehensive water transit system for the Bay Area. If the WTA is not able to use these funds, WCCTAC and the Authority will designate alterna- tive recipient(s). Fimoling priority should be given to routes that demonstrate long-term sustainability. 23b Additional Local Streets Maintenance and Improvements................................................0.5% ($11 million) These funds will be used to supplement the annual allocation of the 18% "Lo- cal Streets Maintenance& Improvements" program funds for local jurisdictions in West County. Allocations will be made to jurisdictions in WCCTAC on an annual basis in June of each fiscal year for that ending fiscal year, subject to compliance wiLh the GMP. Each jurisdiction shall receive an allocation using a formula of 50%based on population and SO%based on road miles. 25b Additional Funding for Livable Communities (CC-TLC)......................................................0.4% ($8 million) This program will provide additional funding for West County to supplement the overall Transportation for Livable Communities Program, with specific projects to be identified by WCCTAC. WCCTAC will propose programming specific sic projects through the Authority's Strategic Plan. Grants will be provided subject to compliance with the Authority's GMP. 26b Additional Pedestrian, Bicycle andTrail Facilities.............................................................0.04%($0.8 million) WCCTAC will propose programming these funds for additional trail/ pedestrian/bicycle capital projects, and/or facility maintenance in West Coun- ty. 18 MAY 26, 2004 4-28 --------------- .................................... ............ ............... TRANSPORTATION SALES TAX EXPENDITURE PLAN 28b Subregional Transportation Needs............................................................................................0.3% ($6 million) WCCTAC will propose programming these hinds to any project or program eli- gible raider the provisions of the Act. Such projects inay include: (1) planning work or environmental studies for a project; (2) implementation of recotn- mended transportation projects in a regional study or plan (including, but not limited to, the El Sobrante Transportation and Land Use Plan, the Richmond- Area Community-Based Transportation flan, the Fl Portal Gateway Plan, the 1 Montalvin Manor Commutiity Plan, the Safe Communities Program, etc.); (3) bus and/or BART improvements; (4) neighborhood traffic calming improve- ments; (5) transportation/transit information in languages other than English; and/or (6)other eligible transportation investments. WCCTAC will coordinate with the appropriate local jurisdictions/agencies to plan and implement the projects in this category. SOUTHWEST COUNTY (SWAT) 21c Safe Transportation for Children: School Bus Program.................................................3.3% ($66.4 million) Eligible projects include the continued operation of the Lamorinda School Bus Program ($26.4 million), and the inauguration of a San Ramon Valley School Bus Program or other projects in the San Ramon Valley that reduce school re- lated congestion, or improve the safety of children traveling to and fr«ni scht7ols (S40 million). These programs, which provide congestion relief where capac- ity improvements are not feasible, also collect user fees from parents as well as other grant funding to cover operational expenses. in consultation with the af- fected jurisdictions the Authority may establish criteria for the services including but not limited to farebox return/parental contribution. 23c Additional Local Streets Maintenance and Improvements.............................................0.5% ($10.8 million) These funds will be used to supplement the annual allocation of the 18% "Local Streets Maintenance&Improvements"program funds for jurisdictions in South- west County. Allocations will be made to jurisdictions in SWAT on an annual basis in June of each fiscal year for that ending fiscal year, without regard to compliance with the GMP. Each Jurisdiction shall receive an allocation using a formula of 50%based on population and SO%based on road miles. 24c Major Streets: Traffic Flaw, Safety and Capacity Improvements..................................0.7% ($14.4 million) Improvements to major thoroughfares including but not limited to installation of bike lanes, traffic signals, widening, traffic calming and pedestrian safety im- provements, shoulders, curb and gutter, and bus transit facility enhanceinents- such as bus turnouts and passenger amenities. MAY 26, 20`04 19 4-29 TRANSPORTATION SALES TAX EXPENDITURE PLAN 28c Subregional Transportation Needs......................................................................................0.24%($47 million) SWAT will propose programming these fiends to any project or program identi- fied in the Expenditure Plan or eligible under the provisions of the Act. EAST COUNTY (TRANSPLAN) `24d Major Streets: Traffic Flow, Safety and Capacity Improvements..................................0.9% ($18.0 million) Improvements to major thoroughfares including,but not limited to, installation of bike lanes,traffic signals,widening, traffic calming and pedestrian safety im- provements, shoulders, curb and gutter, and bus transit facility enhancements such as bus turnouts and passenger amenities. 28d Subregional Transportation Needs......................................................................................0.19%($3.7 million) TRANSPLAN will propose programming these funds to any project or program identified in the Expenditure Plan or eligible under the provisions of the Act. Other 29 Administration.................................................................................................................................1% ($20 million) This category funds the salary and benefits casts of administrating the Measure C extension, consistent with program requirements. Program and Project Management The Transportation Expenditure Plan envisions building on the Authority's practice of charging the costs of program and project management to the various plan categories, rather than identifying a separate category for such charges.Costs that will be covered include, but are not limited to, program management, consulting, financial advisory services, bond counsel, project management staff, and similar casts associated with managing the overall program,periodically preparing and adopting the Strategic Plan, and reviewing and processing invoices. 20 MAY 26, 2004 4-30 TRANSPORTATION SALES TAX EXPENDITURE PLAN PART III THE GROWTH MANAGEMENT PROGRAM Goals and Objectives Components The overall goal of the.Growth Management Pro- To receive its share of Local Transportation Mainte- grana is to preserve and enhance the quality of life nanee and Improvement funds and to be eligible for and promote a healthy, strong economy to benefit Contra Costa Transportation for Livable Communities the people and areas of Contra Costa through a co- funds, each jurisdiction'must: operative, multi-jurisdictional process for managing growth, while maintaining local authority over land use decisions. ` I. ADOPT A GROWTH MANAGEMENT The objectives of the Growth Management Pro ELEMENT gram are to: Each jurisdiction must adapt, or maintain in Assure that new residential, business and corn- place, a Growth Management Element as parr of its mercial growth pays for the facilities required to General Plan that outlines the jurisdiction's goals and meet the demands resulting from that growth. policies for managing growth and requirements for Require cooperative transportation and land use achieving those goals.The Growth Management Ele planning among Contra Costa County, cities, ment must show how the jurisdiction will comply towns, and transportations agencies, with sections 2-7 below. The Authority will refine Support land use patterns within Contra Costa its model Growth Management Element and admin- that make more efficient use of the transporta- istrative procedures in consultation with the Regional tion system, consistent with the General Plans of Transportation Planning Committees to reflect the re- local jurisdictions. vised Growth Management Program. Support infill and redevelopment in existing ur- Each jurisdiction is encouraged to incorporate ban and brownfield areas. other standards and procedures into its Growth Management Element to support the objectives and required components of this Growth Management Program. The Authority will, to the extent possible, at- 2. ADOPT A DEVELOPMENT tempt,to harmonize the Growth Management MITIGATION PROGRAM and the State-mandated Congestion Management Each jurisdiction must adopt, or maintain in Programs. To the extent they conflict, Conges- place, a development mitigation program to ensure tion Management Program activities shall take that new growth is paying its share of the costs as- precedence over Growth Management Program sociated with that growth.This program shall consist- activities. of both a local program to mitigate impacts on local MAY 26, 2004 21 4-31 TRANSPORTATION SALES TAX EXPENDITURE PLAN streets and other facilities and a regional program to to meet the housing objectives established in Elie fund regional and subregional transportation proj- jurisdiction's Housing Element; or ects, consistent with the Countywide Comprehensive Transportation Plan. (2) Illustrating how the jurisdiction has adequately The jurisdiction's local development mitigation planned to meet the existing and projected haus- program shall ensure chat revenue provided from this ing needs through the adoption of land use plans measure shall not he used to replace private devel- and regulatory systems which provide opportu- {oper funding that has or would have been committed nities for, and do not unduly constrain, housing to any project. development; or The regional development mitigation program (3) Illustrating how a jurisdiction's General Plan and shall establish fees, exactions, assessments or other mitigation measures to fund regional or subregic�nal zoning regulations facilitate the improvement and development of sufficient housing to meet transportation improvements needed to mitigate,the those objectives. impacts of planned or forecast development.Regional mitigation programs may adjust such fees, exactions, In addition, each jurisdiction shall consider the assessments or other mitigation measures when de- impacts that its land use and development policies velopments are within walking distance of frequent have an the local, regional and countywide transpor- transit service or are part of a mixed-use development tation system, including the level of transportation of sufficient density and with necessary facilities to capacity that can. reasonably be provided, and shall support greater levels of walking and bicycling. Each incorporate policies and standards into its develop- Regional Transportation Planning Committee shall meat approval process that support transit, bicycle develop the regional development mitigation pro and pedestrian access in new developments. gram for its region, taking account of planned and forecast growth and the Multimodal Transportation Service Objectives and actions to achieve them es- 4• PARTICIPATE I N A N ONGOING tahlished in the Action Plans for Routes of Regional COOPERATIVE, MULTI- Significance. Regional Transportation Planning Coni- JURISDICTIONAL P L A N N I N G mittees tray use existing regional mitigation pro- PROCESS grams, if consistent with this section, to comply with Each jurisdiction shall participate in an ongoing the Growth Management Program. process with other jurisdictions and agencies, the Regional Transportation Planning Committees and the Authority to create a balanced, safe and efficient 3. ADDRESS HOUSING OPTIONS transportation system and to manage the impacts of Each jurisdiction shall demonstrate reasonable growth. jurisdictions shall work with the Regional progress in providing housing opportunities for all Transportation Planning Committees to: income levels as part of a report on the implementa- A Identify Routes of Regional Significance, and tion of the actions outlined in its adopted Housing establish Multimodal Transportation Service Ob- Element. The report will demonstrate progress by: jectives for those routes and actions for achieving diose objectives, (1) Comparing the number of housing units ap- - proved, constructed or occupied within the B. Apply the Authority's travel demand inodel and jurisdiction over the preceding five years with technical procedures to the analysis of Generai [lie number of units needed on average each year Plan Amendments (GPAs) and developments 22 MAY 26, 2044 4-32 TRANSPORTATION SALES TAXEXPENDITURE PLAN exceeding specified thresholds for their effect on The new ULL will be developed and maintained the regional transportation system, including on consistent with the "Principles of Agreement" in At- Action Plan objectives. tachment A, incorporated herein by reference. C. Create the development mitigation programs outlined in section 2 above. 6. DEVELOP A FIVE-YEAR CAPITAL D. Help develop other plans, programs and studies IMPROVEMENT PROGRAM y to address,other transportation and growth man- Each jurisdiction shall prepare and maintain agement issues. a capital improvement program that outlines the capital projects needed to implement the goals and In consultation with the Regional Transportation policies of the jurisdiction's General Plan for at least Planning Committees, each jurisdiction will use the the following five-year period. The Capital Improve- travel demand model to evaluate changes to local ment Program shall include approved projects and an General Plans and the impacts of major development analysis of the costs of the proposed projects as well projects for their effects on the local and regional as a financial plan for providing the improvements. transportation system and the ability to achieve the The jurisdiction shall forward the transportation Multimodal Transportation Service Objectives estab- component of its capital improvement program to fished in the Action Plans. the Authority for incorporation into the .Authority's Jurisdictions shall also participate in the Author- database of transportation projects. ity's ongoing countywide comprehensive transpor- tation planning process. As part of this process, the Authority shall support countywide and subregional y• ADOPT A TRANSPORTATION planning efforts, including the Action Plans for SYSTEMS MANAGEMENT {TSM) Routes of Regional Significance, and shall maintain a ORDINANCE OR RESOLUTION travel demand model. Jurisdictions shall help main- To promote carpools, vanpools and park and ride Iain the Authority's travel demand modeling system lots, each jurisdiction shall adopt a local ordinance by providing information on proposed improve- or resolution that conforms to the model Transporta- ments to the transportation system and planned and tion Systems Management Ordinance that the Trans- approved development within the jurisdiction. portation Authority has drafted and adopted. Upon approval of the Authority, cities with a small employ- ment base may adopt alternative mitigation measures 5. ADOPT AN URBAN LIMIT LINE {ULL} in lieu of TSM ordinance or resolution. Each jurisdiction must continuously comply with either a new "Countyivide mutually agreed upon voter approved Allocation of Funds ULL" or the "local jurisdiction's voter approved ULL" before Portions of the monies received from the retail that jurisdiction would be eligible to receive the 18% transaction and use tax will be returned to the lo- return to source funds or the 5% TLC funds. In the cal jurisdictions (the cities and the county) for use absence of a new local voter approved ULL, submit- on local, subregional and/or regional transportation tal of an annexation request to LAPCO outside the improvements and maintenance fsrojects. Receipt of countywide voter approved ULL will constitute non- all such funds requires compliance wn th the Growth compliance with the Measure C Growth Management Management Program described below. The funds" Plan. MAY 26, 2004 23 4-33 �"—,"—^"`^^,`,^' _~—.~.—.--~. '! TRANSPORTATION SALES TAX EXPENDITURE PLAN . are to be distributed on a formula based on popula- its share of local street maintenance and improvement tion and road miles. funding.Jurisdictions may use funds allocated under Each jurisdiction shall demonstrate its compli- this provision to comply with these administrative ance with all of the components of the Growth requirements. Management Program in a completed compliance If the Authority determines that the jurisdic- checklist. The jurisdiction shall submit, and the Au- tion does not comply with the requirements of the Lhority shall review and make findings regarding the Growth Management Program. the Authority shall ,jurisdiction's compliance vdth the requirements of withhold those funds and also make a finding that the Growth Management Program, consistent with the jurisdiction shall not be eligible to receive Con- the Authority's adopted pohcies and procedures. tra Costa Transportation for Livable Communities If the Authority determines that the jurisdiction until tht Authority determines the jurisdiction has complies with the requirements of the Growth Man- achieved compliance. The Authority's findings of agement Program, it shall allocaLe to the jurisdiction noncompliance may set deadlines and conditions for achieving compliance. Withholding of funds, reinstatement of com- pliance, reallocation of funds and treatment of un- allocated funds shall be as established in adopted Authority's policies and procedures. 24 MAY 26, 2004 4-34 , ' TRANSPORTATION SALES TAX EXPENDITURE PLAN ATTACHMENT A PRINCIPLES OF AGREEMENT FOR ESTABLISHING THE URBAN LIMIT LINE s I. The Board of Supervisors shall have, with the ULL will be considered as the Countywide Voter concurrence of each affected city, adjusted the Approved ULL once it is ratified by the voters. existing County ULL on or before September 6. If a Town or City disagrees with the mutually 30, 2004, or as expeditiously as possible given agreed upon ULL, it may; as an alternative, de- the requirements of CEQA, to make the existing velop and submit to its voters an "alternative County ULL coterminous with city boundaries ULL", or rely upon an existing voter approved where it previously intruded inside those ineor- ULL, porated boundaries. 3. If no Countywide mutually agreed upon ULL 2. The process to develop the ULL shall have begun is established by March 31, 2009, only local by July 1, 2004 with meetings in each sub region jurisdictions with a voter approved ULL will be between one elected representative of each city eligible to receive the 18%return to source funds and the county. The subregional meeting(s) will or the 5%TLC funds. be followed by meetings between all of the cities 8. The new Measure C Growth Management Pro- and the county, each being represented by one gram will include a requirement that all jurisdic- elected representative. The discussion will in- tions must comply with either the "Countywide elude both the suggested ULL as well as criteria ULL" or the "local jurisdiction'.-,voter approved for establishing the line and future modifications ULL" before that jurisdiction would be eligible to the ULL. to receive the 18% return to source funds or the 3. On or before December 31, 2004, the County 5% CC-TLC funds. In the absence of a local and the cities will cooperate in the development voter approved ULL, submittal of an annexation of a new mutually agreed upon ULL and criteria request to LAFCO outside the countywide voter for future modifications.To be considered a final approved ULL will constitute non-compliance proposal, the plan must be approved by 4 mem- with the Measure C Growth Management Plan. bers of the Board of Supervisors and 3/, of' the 9. The neve ULL, unless amended, will be in place cities representing 3/4 of the incorporated popula- through the end of the sales tax extension (March tion. 31, 2034). 4. The County will be the lead agency in preparing 10. The Countywide voter approved ULL Measure a Master EIR on the proposed Countywide "mu- will include provisions for periodic review (5 tually agreed upon ULL". years) as well as provisions for minor (less than S. After certification of the Master EIR, the proposal 30 acres) nonconsecutive adjustments. shall be submitted to the voters for ratification by November 2006.The new mutually agreed upon MAY 26, 20014 25 4-36 TRANSPORTATION SALES TAX EXPENDITURE PLAN 0 26 MAY 26, 2004 4-36 TRANSPORTATION SALES TAX 'EXPENDITURE PLAN PART I SUMMARY OF THE CONTRA COSTA TRANSPORTATION FOR LIVABLE COMMUNITIES PROGRAM t The Contra Costa Transportation for Livable Commu- CC-TLC Coals nities(CC-TLC) Prograrn tivould fund transportation enhancement projects in urban, suburban and rural The goals of the CC-TLC Program are to support communities, would support a balanced transporta- transportation enhancement projects and planning don system, would foster the creation r f affordable that will: housing, and would belp make Contra Costa's com- • Help create walkable, pedestrian-friendly neigh- munities more pedestrian-, bicycle-, and transit- bc>rhoods and business districts; friendly. The CC-TLC program is intended to support • Promote innovative solutions, including corn- local efforts to achieve more compact, mixed-use pact building design and context-sensitive site development, and development that is pedestrian- planning that is integrated with the transporta- friendly or integrated into transit networks. This tion system; type of development provides residents with a broad range of housing choices, easy access to public facili- • Help create walkable, pedestrian-friendly,access ties, and alternatives to the use of the automobile for linking housing and job centers to transit; commuting, shopping or recreation. Finaily, the CC- • Help create affordable housing; TLC program can strengthen existing communities through infrli development and discourage the loss of • Encourage a mixture of land uses and support open space and agricultural land on the urban fringe. a community's development or redevelopment These principles can be applied throughout Contra activities; and Costa, not only in existing urban areas but also in suburban and rural parts of the county. • Provide for a variety of transportation choices to enhance a community's mobility, identity, and quality of life. The CC-TLC Incentive Program can aid propo- nents of affordable or workforce housing projects that may need specific transportation improvements 1 The program is expected to emphasi7.e investments as a condition of project approval and would be ex- that support prograir goals; however, where appro- pected to be a catalyst that might assist communities priate, a limited portion of the grants mai 1>e used for with infilland transit-oriented development. project-related betterments, such as undergrounding utilities. MAY 26, 2004 27 4-37 ........................................I..,.................-........................I............................................................................................I...................................I..................... .......... TRANSPORTATION SALES TAX EXPENDITURE PLAN To ensure that all jurisdictions can compete for basis. Funds available to the subregion for program- the funds, project definitions include projects for ur- ming would be based upon the population of each ban, suburban, and rural land use types. subregion at the beginning of each five-year funding cycle, What Will the CC-TLC Incentive Working with the RTPCs, the Authority would Program Fund? prepare guidelines and establish overall criteria for the program. The RTPCs would review project pro- The CC-TLC Incentive Program would fund both posals and make funding recommendations to the planning and capital grants. Planning grants would Authority. The Authority review die recommenda- support development of community-oriented plans tions of the RTPCs, and authorize expenditures that link transportation investments With land-use through the Authority's Strategic Plan. decisions. Capital grants would fund transportation- Preference would be given to projects that related improvements,such as StreeEscapes,plazas and maximize transportation benefits linked to provid- squares, transit access, parking and bicycle facilities, ing affordable housing near transit or in downtown traffic calming programs and related infrastructure areas. Details would be worked out by the RTPCs. improvements. More specifically, incentive funds The application process would be on a three- or five- would be available for the planning and construe- year cycle, at the Option of the RTPCs. Applications tion of the following types of transportation-related would only be accepted by the RTPCs from local ju- infrastructure improvements to catalyze, facilitate or risdictions or transit operators,and the RTPCs,would support projects that meet the CC-TLC program's forward recommended programs to the Authority. goals: Non-profit corporations and other entities could Local transit facilities also be eligible for transportation funding but would need a public sponsor. Intersection improvements and pedestrian facili- ties Eligibility of Sponsors for Funds Pedestrian plazas,walkways and other streetscape Jurisdictions are eligible for CC-TLC funds if the.Au- improvements that encourage walking thorny has found them in compliance with the G M P i0- Traffic calming measures at the time of grant approval. Bicycle facilities While sales tax funds cannot be used to directly fund housing, office, or commercial developments, as noted above, the program could fund the infra- structure necessary to Support affordable housing and other development desired by local communities. Program Funding Funding would be allocated to the subregions and then distributed to individual, qualifying projects after Authority approval. It would not be allocated to local jurisdictions on an "as-of-right" formula 28 MAY 26, 2004 4-38 ------ ...................... ........................ ................. ..................... .................-...... ................... ...... 0 CONTRA COSTA TRANSPORTATION AUTHORITY Commissioners Amy Werth, Chair Southwest Centra Costa, City of Orinda Jattet Abelson, Vice-Chair West Contra Costa, City of El Cerrito Charlie Abrams Central Contra Costa, City of Walnut Creek Maria Alegria Conference of Mayors, City of Pinole Donald P. Freitas East Contra Costa, City of Antioch John Gioia Board of Supervisors Federal Glover Board of Supervisors Brad Nix East Contra Costa, City of Oakley Julie Pierce Central Contra Costa, City of Clayton Karen Stepper Southwest Contra Costa, Town of Danville Kris Valstad West Contra Costa, City of Hercules Ex-Officio Members Irma Anderson Metropolitan Transportation Commission, Con- ference of Mayors, City of Richmond Joel Keller Bay Area Rapid Transit District Arne Simonson Bus Transit Operators, Tri Delta 'Transit, City of Antioch Authority Staff Robert K. McCleary Executive Director Paul F. Maxwell Chief Deputy Director, Projects Martin R. Engelmann Deputy Director, Planning Arielle E.L. Bourgart Assistant Director, Community & Governmental Affairs David Murray Chief Financial Officer Susan Miller Engineering Manager Hisham Noeitni Senior Transportation Engineer Brad Beck Senior Transportation Planner Lorraine Brauer Computer Systems Specialist&Database Manager Ed Heyman Accountant Anita Fitzgibbons Executive Secretary Ellen Wilson Administrative Assistant, Projects Jane Pennington, Connie Peterson Administrative Assistant, Planning Authority Offices - 3478 Buskirk Avenue 925 4037 0121 PHoNF Suite 100 925 407 0128 H.ax A Pleasant Hill CA 94S23 http://«nvw.ccta.net 4-38 9 r 4-40 0111G11V CONTRA COSTATRANSPORTATION AUTHORITY ORDINA1 CE NO. 04�2` Authorizing the Amendment of the Contra Costa Transportation Improvement and Growth Management Ordinance(No.88-01),as amended,the Continuance;of the Existing Measure C Sales Tax and the Implementation of a New Transportation Expenditure Plan Preamble: A. On August 3, 1988,the Contra Costa Transportation Authority("Authority") unanimously passed and adopted the Contra Costa Transportation Improvement and Growth Management Ordinance(No. 88-01). The purpose of that ordinance was to establish and implement a half-percent retail transactions and use tax in Contra Costa County. As required by Public Utilities Code Section 180205,the Authority has used the revenues derived from the transactions and use tax for the construction and improvement of state highways,the construction,maintenance,improvement and operation of local streets,roads and highways,and the construction,improvement and operation of public transit systems. The ordinance became effective on November 8, 1988,the day it was approved by a majority of the voters in that election. The ordinance thereafter became operative on April 1, 1989,and the imposition of the tax is currently set to expire on March 31,2009. B. The expenditure of the revenues derived from the sales tax is governed by the terms and conditions of a sales tax transportation expenditure plan("TEP"). The Authority originally adopted the TEP after the Contra Costa County Board of Supervisors and a majority of the cities within the county having a majority of the population within the incorporated portion of the county approved the TEP,subject to the voters' subsequent approval of the retail transactions and use tax at the November 8, 1988 general election. C. The Authority now wishes to amend Ordinance No. 88-01,as amended,by continuing the existing sales tax in effect for a 25-year period pursuant to Public Utilities Code Section 180201. The Authority also wishes to implement a new TEP in connection with this extension of the sales tax. Subject to voter approval,the new TEP will become effective on April 1,2005. Based on the foregoing,the Authority ordains as follows: I. PURPOSE. The purpose of this Ordinance is to continue in effect the existing retail transactions and use tax(cornrnonly referred to as a"transportation sales tax")through an amendment to Ordinance No. 88-01. It also authorizes implementation of the new TEP setting forth the projects and programs to be funded through March 31,2034 during which period this transportation sales tax is to be imposed and collected. II. EFFECT OF NEW TEP. The new TEP is attached hereto as Exhibit A and augments the existing TEP adopted in 1988. The new TEP,as adopted by the Authority, is incorporated herein by this reference as though fully set forth herein,and as it may be amended from time to-time pursuant to applicable law. Ordinance No. 04-02 Pagel of 7 167633-1 4-41 Ili. SPECIFIC AMENDMENTS TO ORDINANCE NO.88-01. The below-identified sections of Ordinance No. 88-01 are specifically amended and restated in their entirety as follows [bracketed text included for information only-no changes made by this ordinance]: SECTION 1. TITLE. This Ordinance shall be known and may be cited as the"Measure C Sales Tax Renewal Ordinance(#88-01 as amended by#04-02),"which continues in effect the existing retail transactions and use tax. [SECTION 2. EXPEDITURE PLAN PURPOSES. Unchanged.] SECTION 3. CONTINUATION OF RETAIL TRANSACTIONS AND USE TAX. In ¢ addition to any other taxes authorized by law,there is hereby continued in effect in the incorporated and unincorporated territory of the County of Contra Costa,in accordance with the provisions of Part 1.6(commencing with Section 725 1)of Division 2 of the Revenue and Taxation Code,which provisions are adopted by reference, and Division 19 of the Public Utilities Code commencing with Cade Section 180000, a retail transactions and use tax at the rate of one-half of one percent(112%0)for a period not to exceed twenty five years commencing on April 1, 2009, in addition to any existing or future authorized state or local transactions and use tax.This tax continues in effect the transportation sales tax currently set to expire on March 31,2009, as approved by the voters as Measure C at the November 8, 1988 general election.Subject to voter approval,the existing retail transactions and use tax is hereby continued in effect and reimposed at the rate of one-half of one percent(112%0)for an additional period of 25 years,commencing on April 1,2009,and continuing through March 31,2034. A. Amendments. All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code,and all amendments to Part 1.6 of Division 2 of the Revenue and Taxation Cade,shall automatically become a part of this Ordinance;provided,however,that no such amendments shall operate so as to affect the rate of tax imposed by this Ordinance. B. Enjoining Collection Forbidden. No injunction of writ of mandate or other legal or equitable process shall issue in any suit,action or proceeding in any court against the State or the Authority,or against any officer of the State or the Authority, to prevent or enjoin the collection under this Ordinance,or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to collected. SECTION 4. REQUEST FOR ELECTION. The Authority requests the Contra Costa County Board of Supervisors place this Ordinance before the voters for approval on the November 2,2004 ballot.The proposition to be placed on the ballot shall read substantially as follows: "Shall voters authorize implementing a 25-year Transportation Expenditure Plan to: ■ Extend and improve the BART system ' ■ Add a Fourth Bore to the Caldecott Tunnel ■ Widen and improve Interstates 80 and 680 and Highway 4 Ordinance No.04-02 Page 2 of 7 167633-1 4-42 • Pay for local street and road maintenance • Improve Transit for seniors and disabled persons Approval authorizes continuation of the /s-cent transportation sales tax for implementation of the Transportation Expenditure Plan and shall not increase current sales tax." The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. Pursuant to Section 180203(c)of the Public utilities Code, the sample ballot to be trailed to the voters shall be the full proposition,as set forth in the t ordinance calling the election,and the voter information handbook shall include the entire new TEP as adopted by the Authority. Approval of the above proposition,and the imposition of the extension of the Measure"C"retail transactions and use tax described herein,shall require the affirmative vote of at least two thirds of the electors voting on the attached proposition;at the election described in this section. SECTION 5. TRANSPORTATION IMPROVEMENT PROGRAM PURPOSES,The revenues made available for specified highway,transit and trail projects and programs shall be allocated in accordance with the Expenditure Plan,subject to the following provisions: A. For all projects: 1. No revenues shall be allocated for any state projects until the Authority has certified that Contra Costa is receiving, at a minimum, its fair share of funds from state and federal sources for transportation projects and programs. The determination of fair share shall consider all'relevant factors including the degree to which the Contra Costa region is receiving its statutory county minimum funding for all budgeted, expended; and programmed state funds and federal funds available for capital projects and operating subsidies. The policies and project approval actions of the California Transportation Commission, the State Department of Transportation (hereafter referred to as'Caltrans)and the federal Department of Transportation (e.g. Federal Highway Administration and urban Mass Transportation Administration) will also be reviewed to ensure that Contra Costa is receiving full consideration in the allocation of any additional uncommitted state and federal funding. Fart of the certification shall include a finding that the state has not reduced any state fund allocations to the Contra Costa region as a result of the addition of any local revenues as provided herein.The certification shall be trade annually. 2. If the Authority finances the construction of transportation facilities by the issuance of bonds or any similar financing device, the Authority shall first allocate the funds necessary to meet all debt service requirements. 3: Each project shall have a local jurisdiction(s) or special district as a sponsor of the project. If there is no local jurisdiction or special district as a project sponsor for a specific Project or Program:, the Authority shall be the sponsor for-that Project or Programa Ordinance No.04-02 Mage 3 of 7 167633-1 4-43 4. All state improvements to be funded with revenues as provided in this Ordinance, including project development and overall project management, shall be a joint responsibility of Caltrans, the Authority and the affected local jurisdiction(s) or special district(s). All major project approval actions including the project concept, the project location, and any subsequent change in project scope shall be jointly agreed upon by Caltrans, the Authority and the project sponsors, and where appropriate, by the Federal Highway Administration and/or the California Transportation Commission. 5. The Authority may use the proceeds of this Ordinance to accelerate projects which ¢ are anticipated to be funded through the State Transportation Improvement Program (STIP). It must be demonstrated by Caltrans that a meaningful acceleration can be accomplished using Authority funds and the State must commit to refunding those proceeds in dollars or in the acceleration or completion of otherExpenditure Plana Projects and Programs and/or STIP projects. In the event that the refund of acceleration funds impacts the implementation of any Expenditure Plan Project or Program,the Authority shall amend the Expenditure Plan under Section 8. 6. Any local funds already allocated, committed or otherwise included in the financial plan for any project on the Expenditure Plan shall be made available for project development and implementation as required in the project's financial and implementation program. All local jurisdictions and special districts are encouraged to seek all available funding from private and public sources to further the purposes of the Expenditure Plan and this Ordinance. B. For Highway Projects: Once any state highway facility or usable portion thereof is constructed to at least minimum acceptable state standards, the state shall be responsible for the maintenance and operation thereof. C. For Transit Projects: Prior to the construction of any transit facility or usable portion thereof, the Authority, in cooperation with affected transit operators and agencies, shall determine the entity to be responsible for the maintenance and operation thereof. D. For Trail Projects: Prior to the construction of any trail facility or usable portion thereof, the Authority, in cooperation with affected agencies, shall determine the entity(ies) to be responsible for the maintenance and operation thereof.. [Former sections 5B and 5C will be incorporated into the existing 1988 Measure C TEP.] [SECTION 6. TRANPORATION IMPROVEMENT PROGRAM PROCEDURES. Unchanged. This section deals with local jurisdiction"maintenance of effort" h requirements.] Ordinance No. 04-02 Page 4 of 7 167633-1 4-44 SECTION 7. GROWTH MANAGEMENT PURPOSES AND PROCEDURES. For the Transportation Expenditure Plan applicable to the revenues from the extension of the sales tax, compliance with the growth management program is required for the receipt of Local Street Maintenance and Improvement Funds and Transportation for Livable Communities funds.The Growth Management Program defined by the original Ordinance 88-01 continues in effect along with its linkage to Local Street Maintenance and Improvement funds through FY 200849. [SECTION 8.AMENDMENTS TO THE EXPENDITURE PLAN AND ORDINANCE. Unchanged.] ! [SECTGN 9. AMENDMENTS TO THE ORDINANCE. Unchanged.] [SECTION 10. AUTHORITY COMMITTEES. Unchanged.] [SECTION 11. PRIVATE SECTOR FUNDING. Unchanged.] SECTION 12. BONDING AUTHORITY. This section incorporates by reference all of the relevant provisions contained in Public Utilities Code Sections 180200("Pay-as-you-go" financing)and 180250 through 180264. This Ordinance authorizes the Authority to issue limited tax bonds to finance capital outlay expenditures as may be provided for in the adopted transportation expenditure plan,payable from the proceeds of the tax. In accordance with Public Utilities Code Section 180250(b)the maximum bonded indebtedness which may be outstanding at any one time shall be an amount equal to the sum of the principle of,and interest on,the bonds,but not to exceed the estimated proceeds of the tax,as determined by the plan. The amount of bonds outstanding at any one time does not include the amount of bonds, refunding bonds,or bond anticipation notes for which funds necessary for the payment thereof have been,set aside for that purpose in a trust or escrow account. [SECTION 13. ADMINISTRATIVE EXPENSES. Unchanged.] [SECTION 14. ESTABLISHMENT OF SEPARATE ACCOUNTS, Unchanged.] [SECTION 15. IMPLEMENTING ORDINANCES. Unchanged.] SECTION 16. EFFECTIVE AND OPERATIVE DATES. If at least a two-thirds majority of the electors voting on this measure at the election scheduled for November 2, 2004 vote to approve this Ordinance,then it will become effective the next day on November 3,2004. If so approved,this Ordinance becomes operative on April 1,2005 pursuant to Public Utilities Code Section 180204(a). [SECTION 17.DESIGNATION OF FACILITIES. Unchanged.] [SECTION 18.CONTRACTS,LOCAL PREFERENCE. Unchanged.] [SECTION 19.SEVERABILITY. Unchanged.] [SECTION 20.ANNUAL APPROPRIATIONS LIMIT. Unchanged.] [SECTION 21.COORDINATION. Unchanged.] Ordinance No.04-02 Page 5 of 7 167633-1 4-45 ............-..... ..................-.............. .................. ................ [SECTION 22.ALLOCATION OF RELEASED FUNDS. Unchanged.] [SECTION 23.ALLOCATION OF EXCESS FUNDS. Unchanged,] [SECTION 24.TRANSPORTATION AUTHORITY EMINENT DOMAIN. Unchanged.] SECTION 25. SUNSET OF THE AUTHORITY. INTENTIONALLY OMITTED. [This section terminated the Authority in the event the tax did not receive approval by the voters in 1988.] SECTION 26, CALDECOTT TUNNEL. INTENTIONALLY OMITTED. [Ordinance 88-01 encouraged the Authority to secure state and federal funds for the tunnel,and authorized loaning money to the state for delivery. These provisions are no longer necessary.] SECTION 27. MAJOR ARTERIALS. INTENTIONALLY OMITTED.[This section dealt with defining the Southwest Arterials category and arterial funding from the 1-00 category. It will be moved to the existing 1988 TEP.] SECTION 28. DEFINITIONS. A. Authority. Means the Contra Costa Transportation Authority. The Authority shall continue in effect as currently constituted. The Authority has all of the powers set forth in Division 19 of the Public Utilities Code(commencing with Section 180000). B. Bicycle and Pedestrian Trail Facilities. Means all purposes necessary and convenient to the design,right-of-way acquisition and construction of facilities intended for use by bicycles and pedestrians. Bicycle facilities shall also mean facilities and programs that help to encourage the use of bicycles such as secure bicycle parking facilities,bicycle promotion programs and bicycle safety education programs. C. Bonds. Means indebtedness and securities of any kind or class, including but not limited to bonds,notes,revenue anticipation notes,commercial paper, and certificates of participation. D. Comprehensive Transportation Plan. Means the long-range transportation-planning document prepared and adopted by the Authority and updated from time to time. E. Expenditure Plan. Means the expenditure plan required by Section 180206 of the Public Utilities Code to be adopted prior to the call of an election on this Ordinance. The expenditure plan includes the allocation of revenues for each authorized purpose. As of April 1,2004,the 2004 Transportation Expenditure Plan augments the expenditure plan adopted in 1988. Any reference to"Expenditure Plan"in this Ordinance,unless the context otherwise requires,refers to the 1988 and 2004 plans, F. Highways and Arterials. Means all purposes necessary and convenient to the design, right-of-way acquisition,and construction of highway and arterial street facilities, including all interstate highway routes and any other facilities so designated in the Expenditure Plan. Ordinance No. 04-02 Page 6 of 7 167633-1 4-46 G. Local Street Maintenance and Improvements. Means all purposes necessary and convenient to the maintenance,operation and construction of local streets and roads and transit purposes. Local street and road purposes shall include all purposes allowable under Article XIX, Section I(a)of the State Constitution. H. Transit. Means all purposes necessary and convenient to the construction,operation and maintenance of transit services and facilities including the acquisition of vehicles and right-o --way. Transit services include,but are not limited to,bus,light rail,rapid transit and commuter rail services and facilities. t Passed and adopted by the Contra Costa Transportation Authority on May 26,2004 by the following vote: AYES: Airy Worth(Chair),Janet Abelson(Vice-Chair), Charlie Abrams,Maria Alegria, Donald P.Freitas,John Gioia,Federal Glover,Brad Nix,Julie Pierce,Karen Stepper,Kris Valstad NOES: None. ABSENT:None By. Name: y Worth Title: Chairperson E)MBIT A: 2004 TRANSPORTATION EXPENDITURE PLAN Ordinance No. 04-02 Page 7 of 7 167633-1 4-47 EA S T BAY copy '� M.1.+/ MUIVICIPAL UTILITY DISTR ICT LYNELLEM.Lewls ri SECRETARY OF THE OtS TjRiCT June 14, 2004 RECEIVED.----, JUN 1 5 2004 CLERK BOARD 0 RS CONTRA COSTA CO. Federal Glover,Chair Board of Supervisors Contra Costa County 651 Pine street,Room 106 Martinez, CA 94553 Dear Chair Glover: In accordance with the Elections Code of the State of California,the following documents are presented for filing in your office: 1. Certified copy of Resolution No. 33421-04 entitled"Fixing the Boundaries of the Wards for the Purpose of Electing Directors Therefrom"adopted by he Board of Directors on April 27, 2004; 2. Certified copy of Resolution No. 33430-04entitled"Ordering,Calling, Providing for and Directing that Notice be Given of an Election to be Held in Wards of the East Bay Municipal Utility District, State of California,on.Tuesday,November 2, 2004 for the Purpose of Electing Three Directors, and Consolidating Said Election with the General State Election to be held on the Same Date"adopted by the Board of Directors on June 8, 2004; 3. Certified copy of Resolution No. 33431-04 entitled"Requesting the Boards of Supervisors of Alameda and Contra Costa Counties to Consolidate with the General Election to be held on November 2, 2004, the District Election to be held in Three Nardi on the Same Date for the Election of Directors" adopted by the Board of Directors on June 8, 2004; and 4. Certified copy of Resolution No. 33432-04 entitled"Determining Criteria for Candidates' Statements to be Filed by Candidates for Board of Directors and Authorizing Secretary to Bill Candidates for Certain Costs"adopted by the Board of Directors on June 8,2004, 376 ELEVENTH STREET. OAKLAND . CA 9J507-4240 . 1510) 287-0440 BOARD OF DIRECTORS JOHN A.COLEMAN, KATY FOULKES . DOU6 UNNEY LSSA R.MCINTOSH.FRANK WILLON. W&VAM 6.PATTERSON. DAVID RICNARDSON .... .. .. . . ..... : - - :............................... .... ..... .... ..... Federal Mover, Chair Contra Costa County Board of Supervisors June 14, 2004 Page 2 Please send two certified copies of the resolution adopted by your hoard consolidating the November 2, 2004 election to my attention at the address given on page 1 of this letter. Please acknowledge receipt of the enclosures by signing and returning the copy of this letter. Sincerely, . �.������F✓�'�/jy`j�.[.�+s^-�t«�^. � , `.'�,..�y^�/ + ,ter Lynnelle M. Lewis Secretary of the.District LML:mp Enclosures cc: Candy Lopez,Assistant County Registrar w:lbodelectionscountytransm2004 Receipt acknowledged: ral Cl©ver, C air, CCC Boa of pervisors