HomeMy WebLinkAboutMINUTES - 09202005 - C27 TO: BOARD OF SUPERVISORS ♦�I=i.= --- .�_�� Contra
FROM: Stephen L. Weir, Count Clerk-Recorder �� tiat � ....Y Costa
p Y
DATE: September 1, 2005 s�,q,-____-; County
p C UKP
SUBJECT: Approve Consolidation Requests for the November 8, 2005 Special Statewide 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 8, 2005 Special Statewide Election.
City of San Ramon 1 Mayor,2 Council Members
Knightsen School Dist. 2 Board Members
Oakley Union School Dist. 3 Board Members
Green Valley Rec. & Park Dist. 3 Directors
Rollingwood-Willart Park Rec. & Park Dist. 1 Director
West County Wastewater Dist. 3 Directors
West Contra Costa Unified School Dist. 1 Measure
City of Antioch 1 Measure
City of Brentwood 1 Measure
City of Clayton 1 Measure
City of Pittsburg 3 Measures
City of Richmond 1 Measure
City of Walnut Creek 1 Measure
County Service Area-R-7A 1 Measure
FINANCIAL IMPACT:
There is no direct cost to the County. Any additional costs incurred by the Elections Division by approving this
consolidation request will be recovered through billing the affected jurisdictions.
REASONS FOR RECOMMENDATION/BACKGROUND:
Granting the request would allow the County Elections Division to conduct the election together.
CONSEQUENCES OF NEGATIVE ACTION:
CONTINUED ON ATTACHMENT: E�es SIGNATURE:
Candy L z, As stant Registrar
_,/RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION F
O O BOARD COMMITTEE
PROVE OTHER
SIGNATURE(S):
ACTION ON BO ON APPROVED AS RECOMMENDED O R
00
VOTE OF SUPERVISORS:
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.
ATTESTED:
PHNW SWEETEN, CLERK OF THE
BOARD OF SUPERVISORS AND
COUN ADMINISTRATOR
BY: 4
cc: Elections Office DEPUTY
\\cccsg101\Shared Documents\ELECTIOM2005\110805\BoardofSupervisors\BoardOrder_ConsolidationRequest110805.doc
candidate but must comply with 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 Elections Department.
- Candidates will be-charged a pro-rata share of the cost ofproducing and
distributing the voter pamphlets.
- The City Clerk shall not provide for the distribution of additional candidate
material.
- Candidates will be required to make a deposit of$800 (the estimated
candidate charge for the November 8, 2005 election) at the time the
candidate statement is submitted to the City Clerk. The deposit will apply
against the cost of printing the candidate statement and voter pamphlet.
5. The City Clerk shall conspicuously post the Notice of Election in three public
wr A.
places in the City.
6. In the event of a tie vote, the successful candidate shall be determined by lot as
provided in Elections Code Section 15651 (a).
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.
PASSED,APPROVED AND ADOPTED at the meeting of June 28, 2005 by the
following votes:
AYES: Councilmembers Hudson, Livingstone, Perkins, Rowley and Mayor
Wilson
NOES:
ABSENT:
ABSTAIN:
Abram Wilson, Mayor
ATTEST:
Patricia Edwards, City Clerk
Jut 0
00
RESOLUTION NO.,2005-80
ARES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAMON AUTHORIZING THE COUNTY CLERKS'S OFFICE TO
ADMINISTER THE NOVEMBER 8,2005 MUNICIPAL ELECTION -
WHEREAS the Contra Costa County Clerk's office has administered all of the City
of San Ramon's City Council elections; and
WHEREAS,the City of San Ramon wishes the Contra Costa County Elections
Department to administer its November 8, 2005 municipal election.
NOW THEREFORE BE IT RESOLVED,that the City Council of the City of San
Ramon, authorizes the Contra Costa County Elections' Department to administer the
November 8, 2005 municipal election and the City of San Ramon agrees to compensate the
County Clerk's office for expenses incurred in this election.
PASSED, APPROVED AND ADOPTED at the meeting of June 14, 2005 by the
following votes:
AYES: Councilmembers Hudson, Livingstone, Perkins and Mayor Wilson
NOES:
ABSENT: Councilmember Rowley
ABSTAIN:
10�
H. Abram Wilson, Mayor
ATTEST:
Patricia Edwards, City Clerk
BEFORE THE BOARD OF TRUSTEES
JUN 2 � ��
KNIGHTSEN 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. O�
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 odd-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 8th of November, 2005 for the purpose of electing
member(s) to the governing board of the District in accordance with the following
specifications:
ti
SPECIFICATIONS OF THE ELECTION ORDER
A. The election shall be held on Tuesday, 8th of November, 2005 .
B. The purpose of the election is to choose member(s) of the
governing board of this District.
C. Adopt i or ii:
i. 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.)
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.)
ii. Candidate statements shall be paid for by the candidate.
(Elections Code Section 13307.)
E. Adopt i or ii:
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.
X ii. In the event of a ti vote,e o e, 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 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
1lcccsg101\Shared DocumentsTLECTIOM200511108051SchoolslOdd Year Sch Resolution.doc
2
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.
I �;es,e. •
l l , &4,vts , Clerk of the Board of Trustees of the
Knightsen School District, do hereby certify that the foregoing Resolution was proposed
by Board memberpo ok U-1x( �, seconded b Board membe �r :e. C-eccL-yuIt
, and
was duly passed and adopted by said Board, at an official and public meeting thereof
held on .. 20� b the following vote:
AYES:
NOES: C
ABSENT:
ABSTAIN:
f
Dated:
Clerk, Board of Trustees
Knightsen School District
\\cccsg101\Shared Documents\ELECTION1200511108051Schools\Odd Year Sch Resolution.doc
3
OAKLEY UNION ELEMENTARY SCHOOL DISTRICT
91 Mercedes Lane Oakley, CA 94561 (925) 625-0700 (925) 625-1863 Fax
June 20, 2005
Via Certified Mail Return Receipt Requested
Mr. Joe Ovick
Contra Costa County Office of Education `✓�l/`/�
77 Santa Barbara Road
Pleasant Hill, CA 94523
RE: Oakley Union Elementary School District
Resolution Ordering Regular Governing Board Elections
Dear Mr. Ovick:
Enclosed please find Resolution #2004-2005/30 Ordering Regular Governing Board
Member Elections and Specifications of Election as approved at the June 15, 2005
meeting of the Board of Trustees by a vote of 4 to 0.
Please forward a copy of this Resolution on to the Contra Costa County Election
Department no later than July 11, 2005.
Should you have any questions or require any further information, feel free to call me at
925-625-5050.
Very truly yours,
'Palo
Heather Partida
Administrative Assistant to the Superintendent
Oakley Union Elementary School District
Enclosure
cc: Richard K. Rogers, Ed-D. (w/o enclosures)
Contra Costa County Elections Department (Via US Mail)
Delta Vista School Gehringer School Laurel School Oakley School O'Hara Park School • Vintage Parkway School
625-6840 625-7070 625-7090 625-7050 625-5060 625-6800
JUN 2- 2
BOARD OF TRUSTEES
OAKLEY UNION ELEMENTRY SCHOOL DISTRICT
IN THE MATTER OF ORDERING REGULAR GOVERNING BOARD
MEMBER ELECTIONS; SPECIFICATIONS OF ELECTION
RESOLUTION #2004=2005130
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 odd-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 8th day of November, 2005 for the purpose
of electing three (3) members to the Board of Trustees of the Oakley
Union Elementary School District in accordance With the following
specifications:
Page 1 of 3
SPECIFICATIONS OF THE ELECTION ORDER
A. The election shall be held on Tuesday, November 8, 2005.
B. The purpose of the election is to choose three (3) membeqs) for the
Board of Trustees of the Oakley Union Elementary School District.
C. Candidate statements shall be limited to 200 words (Election Code
Section 13307).,
D. Candidate statements shall be paid for by the candidate (Elections
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 (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 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 Contra Costa County Clerk -or Contra Costa County 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.
Page 2 of 3
1, Karen Bergenholtz, Clerk of the Board of Trustees of the Oakley Union
Elementary School District, do hereby certify that the foregoing Resolution was
proposed by Board member —firtiny. seconded by Board member
Bergenholtz , and was duly passed and adopted by said Board, at an official
and public meeting thereof held on June 15, 2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Karen Bergenholtz
Clerk, Board of Tru s
Oakley Union Elementary School District
Contra Costa County
State of California
Page 3 of 3
%A I j- j,uuvr.*1ons ;DiUbU42081 P P
925 C46 13135
()-.44a Contra Lonza Elact i1 ons
cul OG OS 0
(Adopt and file with the Cottnty Registrar of Voters
!�iO
IL&_T
MTHA141PLY
BEFORE THE BOARD OF DIRECTORS or THE
GREEN VALLEY RECREATION& PARK DISTRIL7
Re-solution CWdering Odd-Year Board of Directors )
Election:Consolidation of Elections;and RESOLLMION
Specifications of the Election Otder y NO. 0
WHFIRFAS, 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 field on the first Tuesday after the first Monday in November in each odd-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 Flections Codfc Section 10400; and
WHEREAS, Elections Code Spoon 10520 requires e*A(.h district invoived in a general district election to
retrnburst, 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 peaud opens the district
board must determine whether a charge shall be levied against each candidate submitting a candidate's,
staterrient to be )oent 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 ORDURFID that an election be held within the terr itury included in this district
on the Sth day of November, ZOOS. for the purpose of electing members to the board of directors of said
district In accordance with the following specifications'
iceo&%ri"wuum tw not y(
.0%.r 0 9 1 0 00%099 9 %.O%j I I %.'%.W'ka%0 ft.&%0 1 1_P
Contra Costa ElectiOms 925 64G 1385
'10U1
OG 05 00:44a
4f
SA�
SPECIFICATIONS OF THE ELECnON ORDER
I The Election shall be held on Tuesday, the 8th day of November, 20oS. The ourrio,5e of the electiall is
to choosm-1-- 4mmbcr
,(s)of the board of directors or councilmernbers of the District.
2. This district board hereby requests and Conscrits 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 actu3i cost incurred by the county clectloris official In
conducting the general district election upon receipt of a bill stating the amount due as determined by
the elections official.
4. The dis -1 pay for the Candidate's Statement The
uict has determined that the,. w. 1
(District or Candidate)
Candidate's Statement will be limited to 2-AX_(7007 300 or 400 words).
S. The district directs that the County Registrar of Voters of the principal county publish the notice of
election in it newspaper of general circulation that is regularly circulated in the territory_
THE FORE(I'OING RESOLD I ION WAS A001`9 LD upon motion of Director..
Ll e_.' TUN
Trat a regular meeting on chi seconded by DirectorW#*.. .—i .."_ —V
day of ZOOS, by the following vote-
AYES
NOLS
ABSENT:.
(Secretary of said District)
WTV09WO li*h1wro LWVftWAtAGJ 14.710M7.' AY11 11UW5NR05dWVQAAx 0041 YJ
Adopt and file with the County Registrar.of voters
j
f BEFORE THE BOARD OF DIRECTORS OF THE
•._1.... if r i.. •. i _ .r r sit+
i
Rt}LUNCW+dCiDWIIJART
PARK RECREATION& PARK DIST U&'
Resolution Ordering odd--Year Burd of Directors )
Election; Consolidation of Elections;and RESOLUTION
Specifications of the Election Older NO. 2.—.___.� r-----
WHEREAS, California Elections Code requires a general district erection be held in each district to
choose a successor for each elective officer whose terra will expire on the first Friday in December following
the election to bre held on the first Tuesday after the first Monday in November in each odd--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 district election to
reimburse the county for the actual costs incurred by the county elections official in "conducting the election
for that district; and
WHEREAS, Erections Code Section 13307 requires that before the nominating period opens the district
board must determine whether a charge shall bre 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, 1T IS ORDERED that an election be held within the territory included, in this district
on the 8th day of November, 2005, for the purpose of electing members to the board of directors of said
district in accordance with the following specifications*.
_ 1 _
t4cXc QMi%S►haMd 0=nrarftWLECTI0Pt 00501 I OWSM"dution for Uod'YC Otdehn$EleMnD.st ds.doc
SPECIFICATIONS OF THE ELECTION ORDER
1 The Election shall be held on Tuesday, the 8th day of November, 2005. The purpose of the election is
to choose. / .—.mernber(s)of the board of directors or councilmernbers of the District.
2. This district 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 election upon receipt of a bill stating the amount due as determined by
the elections official.
& A
4. The district has determined that the ae, will pay for the Candidate's Statement, The
(District or Candidate)
Candidate's Statement will be limited to (200P 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 Director Ads" at a regular meeting on this
day of, v 2005y by the following vote:
AYES
NOES
ABSENT:
(Secretary of said District)
kWCCSQIDI k8hared 00cunwntskELECTION12006M i oeosw"oluuon for Odd Yt_0rderWgE*c§wD1sWM.doc
tA
RESOLUTION OF THE BOARD OF DIRECTORS OF WEST COUNTY
WASTEWATER DISTRICT, COUNTY OF CONTRA COSTA, CALIFORNIA
RESOLUTION NO. 6-21-05D
d0f 2 4 M-
DECLARING ELECTIVE OFFICES TO BE FILLED, SETTING ZOOS
FORTH PROVISION THAT CANDIDATES PAY FOR STATEMENT
OF QUALIFICATIONS,REQUESTING AND ORDERING THE
CONSOLIDATION OF ELECTION WITH ANY OTHER ELECTIONS
HELD THE SAME DAY
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 odd-
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 district
election to reimburse the County for 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 Contra Costa
County to publish a notice of the election once in a newspaper of general circulation in the District.
NOW, THEREFORE,BE IT RESOLVED that the Board of Directors of the West County
Wastewater District, Contra Costa County, California,hereby orders that an election be held within the
territory included in this District on the 8th day of November 2005,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 8th day of November 2005. The purpose of the
election is to choose three(3)full term members for the Board of Directors of the District.
2. This District 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 reimbursement 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.
resol:Bd\Election 05
L r
4. The District has determined 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 Contra Costa 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 resolution was duly and regularly
adopted by the Board of Directors of the West County Wastewater District, Contra
Costa County, California at a regular meeting thereof held on the 21 st day of June
2005, by the following vote:
AYES: Soltow, Granzella, Battaglia, Oliver, Schmidt
NOES: None
ABSENT: None
—' Secretary of the Board of Directors
West County Wastewater District
Contra Costa County, California
resol:Bd\Election 05
.y
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT �. � �� �• ,�4
Resolution No.25-0506
RESOLUTION OF THE BOARD OF EDUCATION OF THE WEST
CONTRA COSTA UNIFIED SCHOOL DISTRICT ORDERING A
SCHOOL BOND ELECTION,AND AUTHORIZING NECESSARY
ACTIONS IN CONNECTION THEREWITH
WHEREAS, the Board of Education (the "Board") of the West Contra Costa Unified
School 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 MH A of the
California Constitution., and section 15266 of the California Education Code, school districts
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 8,2005,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$60 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 strict,relating to the election;and
WHEREAS,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, determined and ordered by the Board of Education
of the West Contra Costa Unified School District as follows:
Section 1. S-Deccations-of'Election Order. Pursuant to sections 5304, 5322, 15100 et seq.,
and section 15266 of the California Education Code, an election shall be held within the
boundaries of the West Contra Costa Unified School District on November 8, 2005, 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 West Contra Costa Unified School District shall be authorized to issue and
sell bonds of up to $400,000,000 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 West Contra Costa Unified School District may be
assured that their money will be spent wisely to address specific facilities needs of the West
Contra Costa Unified School 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 et 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 West Contra Costa Unified
School 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.
f..7.f
Independent Citizens' Oversight Committee.The Board of Education shall establish an
independent Citizens-0 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 Per, Audits. The Board of Education shall conduct an annual,
independent performance audit to ensure that the bond proceeds have been expended only
on the school facilities projects listed in Exhibit vit A*
-2-
Annual Financial Audits. The Board of Education shall 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.
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,
2007, 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.
BOND 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 West Contra Costa Unified School 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.
-3-
Other Terins 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. No series of
bonds may be issued unless the District shall have received a waiver from the State Board of
Education of the District's statutory debt limit,if required.
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 proposition on the ballot:
To continue repairing all school facilities,improve classroom safety and technology, and
irmg
relieve overcrowding shall the West Contra Costa Unified School District issue $400
minion in bonds at legal interest rates, with annual audits and a citizens' oversight
committee to monitor that funds are spent accordingly, and upon receipt of a waiver of
the District's statutory debt limit from the State Board of Education,if required?"
Section 3. Voter PaMphlet. The Registrar of Voters of the County 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, the
Registrar of Voters is 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 impartial 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. State Matching Funds.The District hereby requests that the Registrar of Voters
include the following statement in the ballot pamphlet, pursuant to section 15122.5 of the
California Education Code:
"Approval of Measure does not guarantee that the proposed project or
projects in the West Contra Costa Unified School District that are the subject of bonds
under Measure will be funded beyond the local revenues generated by Measure
The District's proposal for the project or projects assumes the receipt of matching
state funds, which could be subject to appropriation by the Legislature or approval of a
statewide bond measure."
Section 5. Required Vote. Pursuant to section 18 of Article XVI and section 1 of Article
XIII A of the State CqmM09n, the above proposition shall become effective upon the
affirmative vote of at lust 55% those voters voting on the proposition.
Section 6. Re nest to CounW 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.
-4-
Section 7.Consolidation Reguirement;Canvass.
(a) Pursuant to section 15266(a) of the California Education Code, the election shall be
consolidated with the statewide election on November 8,2005.
(b) The Board of Supervisors of the County is authorized and requested to canvass the
returns of the election,pursuant to section 10411 of the California Elections Code.
Section 8. Delivery of Order of Election to Coun Officers. The Clerk of the Board of
Education of the District is hereby directed to deliver,no later than August 12,2005 (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.
Section 9. Ballot ArMIMeats. 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 10. 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 11. Effective Date.This Resolution shall take effect upon its adoption.
-5-
PASSED AND ADOPTED this day,July 13,2005,by the follow vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED:
President of the Board of Education of the
West Contra Costa Unified School District
Attest:
Clerk if the Board of Education of the
West Contra Costa Unified School District
-6-
EXHIBIT A
WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
BOND PROJECT LIST
,SECTION I
PROJECTS TO BE COMPLETED AT ALL SCHOOL SITES JAS NEEDED
Securfty and Health/Safety Improvements
• Modifications and renovations necessary for compliance with Americans with Disabilities
Act(ADA).
• Improvements required for compliance with applicable building codes including the Field
Act.
Remove, abate, or otherwise mitigate asbestos, lead-based paint and other hazardous
materials, as necessary.
• Install closed circuit television(CCTV) systems, as necessary,to provide secure
environment for students, staff, and other users of the facilities.
• Survey, assess and mitigate seismic and structural issues and reinforce or replace existing
structures., as necessary.
• Purchase necessary emergency equipment and provide adequate storage for such
equipment.
Major.Facilities Improvements
Provide for required demolition in order to perform all-work indicated below as well as
the specific school site identified needs.
Upgrade, install and/or replace,as necessary, intercom, alarm,bell, and clock systems.
Renovate gymnasiums, or replace, as economically advantageous,and replace or install
grymnasium equipment.
Provide a technology backbone system for voice, data, and video communications to
accommodate computer network systems., internet access, and other technology
advancements; upgrade or install electrical wiring and power for all systems, and provide
computers and other technology equipment.
Assure that all instructional areas and classrooms are provided with telephone service in
order to enhance safety and security.
Improve,upgrade and/or replace heating, ventilation and air conditioning systems,
(including energy management systems).
Improve, upgrade and/or replace electrical systems and equipment.
Improve,upgrade and/or replace plumbing lines and equipment.
Install or upgrade energy efficient systems.
Improve, replace and/or install new outdoor lighting to improve safety security, and
of 1W
enhance evening educational events or athletic activities.
Renovate. improve, relocate and/or create adequate trash enclosures.
Renovate, add, or replace lockers.
Construct, relocate and/or improve lunch shelters.
Furnish and/or replace emergency evacuation,building identification and address signage
and monument signs.
Replace doors, hardware, windows and window coverings.
Exhibit A-1
CLERK'S CERTIFICATE
L , Clerk of the Board of Education of the West Contra Costa Unified School 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 meeting of
the Board of Education of the District duly and regularly held at the regular meeting place
thereof on July 13, 2005, 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:
NOES:
ABSTAIN:
ABSENT:
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,
radio, 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 on
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 the
date of its adoption, and the same is now in rce d effect.
WITNESS my hand this day of .2005.
U
Clerk of the Board of Education
West Contra Costa Unified School District
Construct. renovate and/or improve kitchen areas, includincr replacement of-s-pecialized
equipment and fumishings.
Renovate, upgrade or install library areas, including seismic restraints for shelving.
Renovate, improve, add, or replace restrooms.
Renovate improve or replace roofs.
Re-finish wid/or improve exterior and interior surfaces, including walls, ceilings, and
floors.
Upgrade, improve, install mid/or replace indoor lighting systems.
Provide furnishings and equipment for improved or newly constructed classrooms and
administrative facilities.
Replace worn/broken/obsolete *Instructional and administrative furniture and equipment,
as well as site furnishings and equipment.
4:�
Purchase, rent, or construct temporary classrooms and equipment (including portable
buildings) as needed to house students displaced during construction.
Construct new school facilities, as necessary,, to accommodate students displaced by
school closures or consolidations.
Acquire any of the facilities on the Bond Project List through temporary lease or lease-
purchase arrangements, or execute purchase options under a lease for any of these
authorized facilities.
Renovate current elementary schools into a K-8 configuration as appropriate.
Move furniture, equipment and supplies, as necessary, because of school closures or
changes in grading configuration.
As to any major renovation project, replace such facility if doing so would be
economically advantageous.
Special Education-facilities
Renovate existing or construct new school-facilities designed to meet requirements of
student with special needs.
Proert
* Purchase property, including existing structures, as necessary for future school sites.
SRework
• Complete site work, including sitework in connection Nvith new construction or
installation or removal of relocatable classrooms.
0
• Improve or replace athletic fields. equipment rooms lighting, and scoreboards.
I i�
• Improve, resurface, re-stripe and/or replace damaged asphalt and concrete surfaces.
• Improve or replace storm drain and site drainage systems.
Exhibit A-2
SECT'ION 11
ELEMENTARY SCHOOL PROJECTS
Complete any remaining Election of November 7, 2000, Measure M,projects. All
Elementary Schools may 'Include projects, as necessary, from Section I.
SECONDARY SCHOOL PROJECTS
Complete an remaining Election of March 5, 2002., Measure D', 10 ts. All
Y . proj cc
Secondary Schools may include projects, asnecessary, from Section I.
RECONSTRUCTION PROJECTS.
The following projects will be completed as part of the reconstruction program of the district, as
funds allow. The reconstruction program includes the following.-
Health and Life Safety Improvements Technology Im rovements
Code upgrades for accessibility Data
Seismic upgrades Phone
SystemsUparades CATV(cable televisl*on)
Electrical Instructional Technotoulm rovernents
Mechanical Whiteboards
Plumbing TVNideo
Technology Projection Screens
Security
In addition, the reconstruction program includes the replacement of portable classrooms with
permanent structures, the improvement or replacement of floors, walls, insulation, windows,
roofs. ceilings, lighting, playgrounds, landscaping, and parking, as required or appropriate to
meet programmatic requirements and depending on the availability of funding.
PROJECT SCOPE
De Anza High School Reconstruction/New Construction
Kennedy High.School Reconstrtiction/New Construction
Pinole Valle y High School Reconstruction/New Construction
Richmond ffigh School Reconstruction
Castro Elementary School Reconstruction
Coronado Eje�n�ta�School Reconstruction
Dover Elementary School Reconstruction
Fairmont Elementa School Reconstruction
Ford Elementary School Reconstniction
Grant Elementaa School Reconstruction
Highland Elementary School Reconstniction
King Elementary School Reconstruction
Lake Elementary School Reconstruction
Nystrom Elementary School Reconstruction
Ohlone Elementaa School Reconstruction/New Constniction
Valley View Elementary School Reconstruction
Filson.nson Elementa r School Reconstruction.
Exhibit A-3
OF ANT/p
OFFICE OF THE CITY CLERK L.JOLENE MARTIN, CMC
City Clerk
cALIFO RNIp' RECEIVED
AUG 12 2005
August 11, 2005 CONTRA COSTA COWP!'t'Y
ELECTIONS
Clerk, Board of Supervisors
Contra Costa County
P O Box 911
Martinez CA 94553
Gentlemen:
Enclosed you will find a certified copy of the City of Antioch's Resolution No.
2005/91, adopted August 9, 2005 calling for an Initiative Special Election and
Resolution No. 2005/92, also adopted August 9, 2005, requesting consolidation of this
election call with other elections to be held on the November 8, 2005 election date.
Passage of this initiative will require a simple majority of the voters. A 300-word
maximum for the statements will be used and rebuttals wil( not be accepted.
We appreciate your consideration of our request.
Sincerely,
L. J NE MARTIN, CMC
Antioch City Clerk
/JM
Office of City Clerk
Enc. Third&"H"Street
P.O.Box 5007
cc: Steve Weir, County Clerk Antioch CA 9453I-5007
t
RECEIVED
AUG 1 2 2005
RESOLUTION NO.2005/91
CONTRA COSTA COUNTY
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH ELECTIONS
CALLING AN INITIATIVE SPECIAL ELECTION
WHEREAS the City Clerk has issued a certificate verifying that proponents of an
initiative petition have timely submitted petitions containing the required number of signatures
pursuant to the Elections Code-to qualify for a special election and the initiative petition did
request a special election; and
WHEREAS the Council has determined to submit the matter to the electorate
rather than adopting the ordinance;
NOW,THEREFORE,BE IT RESOLVED that the City Council does hereby
call a special election pursuant to Elections Code §9214 on November 8, 2005 to determine the
initiative petition.
BE IT FURTHER RESOLVED that the specific measure on the ballot shall*be
as follows:
MEASURE
"Shall the electors adopt the City of Antioch Growth Control,
Traffic Relief,Voter-Approved Urban Limit Line, and Roddy
Ranch Development General Plan Reduction Initiative
Ordinance?"
BE IT FURTHER RESOLVED that the City Clerk is directed to transmit a
copy of the measure to the City Attorney for the purpose of preparing an impartial analysis of the
measure.
BE IT FURTHER RESOLVED that the full text of the measure is not to be
printed in the voter pamphlet. � }
BE IT FURTHER RESOLVED that the City Clerk shall fix and determine a
reasonable date prior to the election after which no arguments for or against the measure may be
submitted, which date shall be noticed by the City Clerk pursuant to Government Code §6061
and Elections Code §9286.
BE IT FURTHER RESOLVED that no rebuttal arguments shall be allowed.
r
1
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 9h day of
August, 2005,by the following vote:
AYES: Council Members Davis, Kalinowski, Conley, Simonsen, and Mayor Freitas.
NOES: None.
ABSENT: None.
a AO
CITY CL THE CITY O ANTIOCH
2
w RECEIVED
AUG 12 2005
RESOLiTTION NO,2005/92 CONTRA COSTA COUNTY
ELECTIONS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
ESTABLISHING CONSOLIDATION OF SPECIAL MUNICIPAL
ELECTION WITH OTHER ELECTIONS TO BE HELD ON
NOVEMBER 8,2005
WHEREAS the City Council has adopted a resolution calling a special initiative
election on November 8, 2005; 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.
NOW,THEREFORE,BE IT RESOLVED as follows:
1. The Board of Supervisors 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 8,2005,with any other election to be held on the same election date.
2. The consolidated election shall be held and conducted, election officials
appointed, voting precincts designated,ballots printed,polls opened and closed, ballots counted
and returned,returns canvassed, results declared, certifications 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 conduct of the election.
3. 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 91h day of
August, 2005,by the following vote:
AYES: Council Members Davis, Kalinowski, Conley, Simonsen, and Mayor Freitas.
NOES: None.
ABSENT: None.
C F THE CITY OF ANTIOCH
I F CITY OF
AVG O's zoo.
August 2, 2005
Clerk of the Board
County of Contra Costa
651 Pine Street
Martinez, California 94553-1140
Dear Clerk to the Board:
Please find enclosed a copy of Brentwood City Council Resolution No. 2005-190
pertaining to the November-8, 2005 Election. I have also forwarded a copy of the
resolution to the Contra Costa County Election Department.
Please call me at 516-51.80 if you have any questions.
Sincerely,
C is Garcia, CMC
Interim City Clerk
C: Contra Costa County Election Department
Attn: Sue Olvera
524 Main Street
Martinez,-CA 94553-1140
Enclosure: Resolution No. 2005-190
708 Third Street,Brentwood, CA 94513
1
RESOLUTION NO. 2005-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .BRENTWOOD
CERTIFYING THE RESULTS RECEIVED FROM THE CONTRA COSTA COUNTY
REGISTRATION-ELECTION DEPARTMENT 'AND CALLING AND GIVING .NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD
NOVEMBER 8 20�0�5HAS REQUIRED 8Y THE PROVISIONS OF THE LAWS OF THE .
STATE of CALIFORNIA RELATING TO GENERAL LAIN CITIES AND FOR THE
SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE CITY OF
BRENTWOOD VOTER APPROVED URBAN LIMIT LINE MEASURE- SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE;
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND
DIRECTING THE CITY ATTORNEY AND CITY CLERIC- TO PREPARE THE
NECESSARY DOCUMENTS TO PLACE THE MEASURE ON THE BALLOT; AND
REQUESTING THE BOARD OF SUPERVISORS OF THE. COUNTY OF CONTRA
COSTA TO CC}NSOLIDATE.A SPECIAL MUNICIPAL ELECTION TO BE HELD WITH
THE.STATEWIDE SPECIAL ELECTION ON NOVEMBER 8', ,2005 PURSUANT TO
§10403 OF THE ELECTIONS CODE
WHEREAS, 'On .June 1, 2005, Lindsey Anne Houd, proponent of an initiative measure
entitled the "City of Brentwood Voter Approved. Urban Limit Line Act" submitted a notice .of
intention and written text of the measure and requested that a title and summary be prepared for
the measure in order to circulate the petition; and
WHEREAS, the city Attorney prepared and provided an official ballot title and summary
for the proposed measure for use_ 'by the proponent for publication and subsequently, circulation
of-the petition; and
WHEREAS, the initiative.petition regarding. the City..of Brentwood Voter.Approved Urban
Limit Line measure was filed-with-the elections official by the proponent, Lindsey Anne Houd, on
June 29, 2005 and was.submitted•to the County.of-Contra costa on June 30, 2005 for signature
verification; and ;
WHEREAS, in order to qualify to be placed on the ballot, the proponent was required to
obtain signatures in the amount of.15% of the number ofregistered voters in the:City; and.
WHEREAS, the certified result of the signature verification is attached to.the-Resolution
as Exhibit "A"; and
WHEREAS, it is desirable that the Special Municipal Election-'be consolidated with the
Statewide Special-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 County of contra costa canvass the -return& of the Special Municipal
Election and that the election be held in all respects as if there were only one election;
NOW, THEREFORE BE IT RESOLVED -THAT THE-CITY COUNCIL OF-THE CITY OF
BRENTWOOD DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirement of the laws of the -State of California
relating to general law cities, there is called-and ordered to be held in the city of Brentwood,
California, on Tuesday, November 8, 2005, a Special Municipal Election and that the City
2005-190 2 of 0
Council, pursuant to its right and authority, does order submitted to the voters at the Special
Municipal Election the following question: ,t %yY` r ►y
Shall the voters approve the City of Brentwood Voter Approved
Urban Limit Line measure, which would amend the City of YDS
Brentwood's General Flan by creating an Urban Limit Line to
guide future growth and development in a manner consistent y
with the General Plan and should qualify the city of Brentwood
to receive Measure J's "return to source" funds from the contra Ia
' for improvements to local streets `,NO ,�
Costa Transportation Authority p
and roads?
•....,, , ., ... 'mx.-+c.ww.rrtswd,°ic+,s+,<,*,..:.•.,.s..,„.?a:k rti .it✓:,:aa**+v:e.,i..,. ` l
SECTION 2. That the proponent of the initiative may file a written argument In Favor of
the measure, and the City council, if it so chooses, may authorize any and all members of the
City Council to file a written argument Against the measure and any individual voter who is
eligible to vote on the measure or bona fide association of citizens or combination of voters and
associations may also submit a written argument for or against the measure. Such argument,
whether in Favor or Against, shall not exceed 300 words and be accompanied by the printed
names(s) and signature(s) of the person{s} submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least one
of its principal officers, in accordance 'th Article 4, chapter 3, Division 9 of the Elections code
.,
of the State of California. •After<Ugust2, 2005the date fixed by the Citclerk, no arguments
In Favor or.Against a measure ma.. be submitted to the City clerk. Rebuttal ar ur�ant.smay
be submitted to the City clerk bugust 9, 2 0 no exceed 250 words ,pLL
SECTION 3. That the City Council directs the City clerk to transmit a copy of the
measure to the Cit Attorney, and the Cit Attorney shall prepare an impartial analysis of the
. Y Y! y y, p p p , y !.
measure showing the effect of the measure on existing law and the operation of the measure. o,a
The analysis shall be printed preceding the arguments In Favor and Against the measure. The
analysis shall not exceed 500 words in length. The impartial analysis shall be filed by the date
set by the city Clerk for the filing of primary arguments.
SECTION 4. 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 Special Municipal election with the Statewide Special Election on
Tuesday, November 8, 2005.
SECTION 5. That the County Election Department is authorized to canvass the returns
of the Special 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 5. 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 7. That the city of Brentwood recognizes that the additional costs will be
incurred by the county by reason of this consolidation and agrees to reimburse the County for
any costs.
J
2005-190 3 of 6
SECTION 8. 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
Co ntra Costa.
SECTION 9. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 10. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices and printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
-SECTION 11. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed.
SECTION 12. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 13. That the 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 14. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of resolutions.
PASSED,.APPROVED AND ADOPTED-by the City Council -of the City of Brentwood at
-- a regular meeting held July 26, 2005 by the followin.g vote:
AYES: Beckstrand, Brockman, Gutierrez, Swisher;Taylor'-
NOES:
aylorNOES: None
ABSENT: None ,
ABSTAIN: None
Brian fisher
Mayor
ATTEST:
• r
6ynthi#Garcia, CIVIC I,Cynthia Garcia,Interim City Clerk of the City of Brentwood,'do
hereby certify this is a true and correct copy of-Resolution Nb.2005-190
1 nteri ity Clerk of the City Council of the City of Brentwood,California,adopted on the
26`h day of July,2005.
Attachment: Date: August 2,Zoos fr
Exhibit A-- Certification of petition signature verification
Cyt a arcia
Int i City Clerk
S""EPHE• '" ��.�.'�:`.=' CANDY LOPEZ
COUNTY CLERIC ASSISTANT COUNTY
REGISTRAR
r
CONTRA COSTA. COUNTY
REGISTRATION-ELECTION DEPA•RT•MENT
524 MAIN STREET
MARTINEZ, CALIFORNIA 94553-1140
(925) 645-4 .66
July 12, 2005 `
City of Brentwood
Attn: Cynthia Garcia
708 Third St.
Brentwood, CA 94513
Dear Ms. Garcia:
Attached please find the certificate for the following petition:
City of Brentwood Voter Approved Urban Limit Line Initiative Petition,
If you have any questions, please do not hesitate to call myself at 925-646-4326,
or my supervisor, Gwen Saxon at 925-646-4328.
Sincerely,
1 r
Daren Fears
Senior Clerk
2005-190 5 of 0
CLERK'S CERTIFICATE To INITIATIVE PETITION
r
I, Stephen L. Weir, County Clerk of the County of Contra Costa,.State of California, hereby certify.
That the city of Brentwood Voter Approved Urban Limit Line.Initiative Petition has been filed
with thin office on June 30, 2005
That said petition consists of: 60 sections;
That each section contains signatures purporting to be the signatures of qualified electors of this
county;
That attached to this petition at the time it was filed was an affidavit.purporting to be the affidavit of
the person who solicited the signatures, and containing the dates between which the purported
qualified electors signed this petition;
That the affiant stated his or her own qualification, that he o.r she had solicited the-signatures upon
that section, that all of the signatures were made in his or her presence, and that to the best of his
or her knowledge and the belief, each signature to that section was the genuine signature of the
person whose name it purports to be;
That after the proponent filed-this petition, I verified the required number.of signatures by
examining the records of registration in this county, current and in effect at the respective
'purportive dates of such signing, to determine what number of qualified electors signed the petition
and from that examination, I have determined the following facts regarding this petition;
1. The number of unverified signatures filed by the proponent (raw count): 4,264
2. The number of signatures verified: 3,550
a. The number of signatures found SUFFICIENT: 2,836
b.. The number of signatures found NOT SUFFICIENT: 714
c. NOT SUFFICIENT because of DUPLICATE: 8
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this :
12th day of July 2005.
Stephen L. Weir, County clerk
Deputy
"amended total since raw count
pet-cert.1115199
•
0057190 PafifioftJsu1t Breakdown
Brentwood Urban Limit Line
City of Brentwood Voter Approved Urban Limit Line
Signatures Required 2812
Raw Count 4264
Sample Size 4264 Percent of Percent of
Sigs Checked 3550 Sigs Checked Sample Size
Sigs Not Checked 714 16.7
Sigs Valid 2836 79.9% 66.5%
Sigs Invalid 714 20.1 % 16.7%
Duplicated 8 0.0% 0.2 %
Non-duplicate Invalids 706 20.0 ON', 16.6�.,o
RESULTABBR RESULT DESCRIPTION
Approved Approved 2836 79.9%
NotReg Not Registered 533 15.0%
Out0fDist Out of District 115 3.2%
Duplicate Signed more than once 8 0.2%
RegLate Registered Late 32 0.9%
RegDiffAdd Registered at a Different Address 15 0.4%
Cantldntfy Cannot Identify 8 0.2%
NoResAdd No Residence Address Given 1 0.00/-0,
PCMR040-Petition Result Breakdown
Printed- 7/12/2005 2.45.-57PM Page I of
RESOLUTION NO. 35_ __-2 RECEIVED
A RESOLUTION CALLING A SPECIAL ELECTION JUL 15 ZUU!)
IN A COMMUNITY FACILITIES DISTRICT
CONTRA COSTA C1
CITY OF CLAYTON ELECTIONS
Community Facilities District No. 2005-1
(Citywide Landscape Maintenance and Improvements)
WHEREAS, on this date, this Council adopted its Resolution No. 33-2005 entitled "A
Resolution of Formation of Community Facilities District, Authorizing the Levy of Special
Taxes Therein and Preliminarily Establishing an Appropriations Limit Therefor" (the
"Resolution of Formation"), ordering the formation of City of Clayton Community
Facilities District No. 2005-1 (Citywide Landscape Maintenance and Improvements)
(the "CFD"), authorizing the levy of a special tax on property within the CFD and
preliminarily establishing an appropriations limit for the CFD, all pursuant to the Mello-
Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5,
commencing with Section 53311, of the California Government Code (the "Act");
0
WHEREAS, on this date, this Council also adopted its Resolution No. 34-2005 entitled
"A Resolution Deeming it Necessary to Incur Bonded Indebtedness for Community
Facilities District No. 2005-1 (Citywide Landscape Maintenance and Improvements)"
(the "Resolution to Incur Indebtedness"), pursuant to the Act;
WHEREAS, pursuant to the provisions of the Resolution of Formation and Resolution to
Incur Indebtedness, the propositions of the levy of thespecial tax and the establishment
of the appropriations limit and incurring bonded indebtedness shall be submitted to the
qualified electors of the CFD at a special election as required by the Act;
WHEREAS, this Council desires that the special election be consolidated with the
statewide general election to occur on November 8, 2005 and that the propositions be
included on the ballot for the statewide general election which ballot is prepared by the
officer charged with the duty of conducting the statewide general election for the County
of Contra Costa, such official being the Registrar of Voters of the County of Contra
Costa (the "Election Official"); and
WHEREAS, Section 9280 of.the Elections Code of the State of California authorizes
the filing of an impartial analysis and Sections 9281 to 9287 of said code authorize the
filing of written arguments for or against any ballot proposition, and, if adopted by the
City Council, rebuttal arguments.
NOW, THEREFORE, the City Council of the City of Clayton, California does hereby
resolve as follows:
1. Issues Submitted. Pursuant to Sections 53326 and 53325.7 of the Act, the
issues of the levy of said special tax, the issuance of bonded indebtedness, and the
establishment of the appropriations limit shall be submitted to the qualified electors (as
defined below) of the CFD at an election called therefor as provided below. The
question to be voted upon as it shall appear on ballot shall be substantially as follows,
subject to revision by the Contra Costa County Election -Department with the
concurrence of the City's legal counsel:
Resolution No. 35-2005 1 July 5,2005
Shall the City Council be authorized to levy a special
landscape tax for 15 years, issue no more than $2,800,000
in improvement bonds, and finance public services and
facilities through Community Facilities District 2005-1
(replacing existing District 1997-1) in the initial annual
amount of$365.00 per residential parcel and non-residential
acre (subject to annual CP/ ' increases), for, public
landscaping, weed abatement,, , trails, downtown park,
fountain and related costs," and shall the District's first year
appropriations limit be $1,616,000?
2. Qualified Electors. Pursuant to,Section 53326 of the Act, the vote shall be
by the registered voters of the proposed CFD, with each voter having one vote.
3. Conduct of Election. This Council hereby calls a special election (the'--
"Election") to consider the measures described in paragraph 1 above, which election
shall be held in the next general election on November 8, 2005, and conducted by the
Election Official. Within three business days of the adoption of this Resolution, the City
Clerk shall provide to the Election Official a copy of this Resolution, a ,certified map of
theproposed boundaries of the CFD, and a sufficient description to allow the Election
Official to determine the boundaries of the CFD.
The Election is hereby ordered consolidated with the statewide general election to be
held within the City on said date, and within the territory affected by the consolidation,
the election shall be held and conducted, election officers appointed, voting precincts
designated, ballots printed, polls opened and closed, ballots counted and returned,
returns canvassed, results declared, and all other proceedings incidental to and
connected with the election shall be regulated and done in accordance with the
provisions of law regulating the statewide general election and specified herein. The
precincts used at the consolidated election shall be those used for the statewide
general election, and, where necessary, the County Clerk may adjust precinct lines to
coincide with the boundaries of the CFD. The Board of Supervisors of the County of
Contra Costa is hereby requested to order,the consolidation of the Election hereby
called with said statewide general election, and to permit the County Clerk and the
County Election Department to render services relating to the conduct of said election,
which services will be determined-by the City and the County Election Department, and
the Board of Supervisors of the County of Contra Costa is hereby authorized to canvass
the returns of said special municipal election, and said election shall be held in all
respects as if there were only one election, only one form of ballot shall be used and
the returns of the election need not be canvassed by the City Council. The City Clerk is
hereby authorized and directed to work with the Elections Official and other appropriate
officials of the County to ensure that the applicable requirements of the Elections Code
are met.
4. Ballot Materials. The City Attorney is hereby requested to prepare and to
provide to the Election Official the ballot material described in Section 53327 of the Act.
(a) Impartial Analysis. The City Clerk is hereby directed to submit to the City
Attorney a certified copy of the measure set forth above. The City Attorney is hereby
authorized and directed to prepare an impartial analysis of the measures showing the
Resolution No. 35-2005 2 July 5,2005
effect of the measures on the existing law and the operation of the measures, said
analysis to be submitted by the City Attorney to the Election Official for printing before
the arguments for and against the measure. The analysis shall not exceed 500 words
in length and shall otherwise comply in all respects with the applicable provisions of the
Elections Code of the State of California. The deadline date for the submittal of the
analysis and primary arguments shall be August 15, 2005.
(b) Financial Impact. The Director of Finance i's hereby directed to prepare or
cause to be prepared and filed by August 12, 2005 a statement, which shall be mailed
to the voters with the sample ballot for the bond election. The statement shall include:
(1) The best estimate from official sources of the special tax
rate which would be required to be levied to fund the maintenance
services and to finance the -authorized improvements for the CFD during
the first fiscal year.
(2) The best estimate of the highest tax rate which would be
required to be levied to fund the maintenance services and to pay the
bonded indebtedness and an estimate of the year in which that rate will
apply, based on the special tax formula for the CFD on experience within
the CFD or other demonstrable factors.
In addition the statement may contain any declaration of policy of the City Council of the
City which proposes to utilize revenues for purposes of funding the maintenance
services, and financing of authorized improvements and the best estimate from official
sources of such revenues, together with the covenant set forth in Section 5 hereof and
the information contained in Section 7 hereof.
5. Acpo,untability. The City covenants that, if the issuance of the bonds is
approved and bonds are issued, the City shall provide accountability measures as
required by Government Code Section 53410, which include the following:
(a) A statement indicating the specific purposes of the bond.
(b) A requirement that the proceeds be applied only to the specific purposes
identified pursuant to subdivision (a),
(c) The creation of an account into which the proceeds shall be deposited.
'j (d) An annual report pursuant to Section 53411 of the Government Code,
6. Filing of Primary and Rebuttal A[guments. The deadline for filing primary
arguments concerning the ballot measure is August 15, 2005. Rebuttal arguments
must be filed by August 22, 2005.
7. Effect on 1997 Community Facilities District. If the ballot measures authorized
herein pass and the special tax of the CFD is implemented as contemplated, the levy of
the special tax of the CFD shall be a replacement of and in lieu of the current and future
levies of a special tax of the City's Community Facilities District 1997-1 (Citywide
Landscape Maintenance) on property within the CFD.
Resolution No. 35-2005 3 July 5, 20035
shall take effect upon its adoption.
8. Effective Date. This Resolutionp p
PASSED, APPROVED AND ADOPTED by the City Council of the City of Clayton,
California at a regular public meeting thereof held this 5th day of July, 2005, on the
g p g
following vote:
AYES: Councilmember Laurence, Walcutt, Vice Mayor Shuey and Mayor
Manning.
NOES: None.
ABSENT: Councilmember Pierce.
r
THE CITY COUNCIL OF CLAYTON-,-CA
'Gregory n ing, Mayor
ATTEST:
i
Rhonda K. Basore
City Clerk
Resolution No. 35-2005 4 July 51 2005
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Submitting a Measure to the Voters of Pittsburg }
at the November 8, 2005 Special Statewide Election ) Resolution No. 05-10334
Related to Converting the Positions of City Clerk and )
City Treasurer from Elected to Appointed Positions )
and Requesting that the City's Special Measure )
Election be Consolidated with the Special Statewide )
Election to be Held on November 8, 2005 )
The City Council of the City of Pittsburg DOES RESOLVE as follows:
WHEREAS, California law requires general law cities such as Pittsburg to
maintain the positions of City Clerk and City Treasurer; and
WHEREAS, of the 478 cities in California, 158 cities have elected City
Clerks, and 178 cities have elected.City Treasurers. The City of Pittsburg is in the minority
with both an elected City Clerk and elected City Treasurer; and
WHEREAS, pursuant to Government Code Section 36508, the City may
submit to the voters the questions of whether the positions of City Clerk and City
Treasurer shall be elected or appointed by the City Council; and
WHEREAS, if the majority of the votes cast on the proposition regarding the
City Clerk is for converting the position of City Clerk to an appointive position, the City
Council shall appoint such officer upon the expiration of the term of the current City Clerk
in November 2006; and
WHEREAS, if the majority of the votes cast on the proposition regarding the
City Treasurer is for converting the position of City Treasurer to an appointive position, the
City Council shall appoint such officer upon the expiration of the term of the current City
Treasurer in November 2006; and
WHEREAS, it is the desire of the City of Pittsburg to call a Special Election
to be held on November 8, 2005 for the purpose of placing two measures before the
electorate; and
WHEREAS, Governor Schwarzenegger has called for a Special Statewide
Election to be held on November 8, 2005; and
WHEREAS, it is the desire of the City Council of the City of Pittsburg to call a
Special Measure Election on November 8, 2005, and consolidate such Special Measure
Election with the Special Statewide Election to be held on November 8, 2005.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pittsburg
as follows:
Section 1. Placinq Two Measures on the Ballot for the Special Election
A special election shall be and is hereby ordered to be held in the City of Pittsburg
on November 8, 2005. Pursuant to Government Code Section 36508, the City Council
hereby places on the ballot at the November 8, 2005 Special Election, the questions of
whether the positions of City Clerk and City Treasurer should be appointed by the City
Council.
Section 2. Description of the Question Placed on the Ballot Regarding the Position of
City Clerk
The exact form of the question as it will appear on the ballot is as follows:
Shall the office of city clerk be appointive?
Yes No
Section 3. Description of the Question Placed on the Ballot Regarding the Position of
Cily Treasurer
Shall the officer of city treasurer be appointive? � Y..
Yes No
Section 4. Consolidation of Election
Pursuant to Elections Code Section 10403, the City Council hereby requests that
the Pittsburg Special Measure Election be consolidated with the Special Statewide
Election to be held on November 8, 2005.
Section 5. Establishment of Deadline for Argument Submission; Designation of
Preferences if Multiple Submissions
Pursuant to Elections Code section 9286, the elections official has established
August 15, 2005 as the deadline for the submissions of arguments in favor of and
arguments against the ballot measures. For each measure, if more than one argument for
or more than one argument against the ballot measure is submitted, the priorities set forth
in Elections Code Section 9287 shall control.
Section 6. Direction
The City Council directs the City Clerk to transmit copies of each ballot measure to
the City Attorney, who shall prepare an impartial analysis of each measure showingthe
effect of each measure on the existing law and the operation of each measure. The
impartial analysis for each measure shall be filed by the date set by the election official for
the filing of impartial analysis.
Section 7. Certification
The City Clerk shall certify the adoption of this Resolution.
Resolution No. 05-10334 Page 2 of 3
i
Section 8. Effective Date
This Resolution shall take effect immediately upon its adoption.
The foregoing resolution was duly adopted by the City Council of the City of
Pittsburg at a duly convened meeting thereof, held on the 18th day of July, 2005, by the
following vote:
AYES: Council Members Casey, Glynn, Johnson and Kee
NOES: None
ABSTAINED: None
ABSENT: Mayor Parent
N cy . Parent,Vayo-4,r
ATTEST:
w
j
Lillian J. Pride, City Clerk
Resolution No. 05-10334 Page 3 of 3
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Submitting a Measure to the Voters of Pittsburg )
at the November 8, 2005 Special Statewide Election } Resolution No. 05-10334
Related to Converting the Positions of City Clerk and }
City Treasurer from Elected to Appointed Positions )
and Requesting that the.City's Special Measure )
Election be Consolidated with the Special Statewide }
Election to be Held on November 8, 2005 }
The City Council of the City of Pittsburg DOES RESOLVE as follows:
WHEREAS, California law requires general law cities such as Pittsburg to
maintain the positions of City Clerk and City Treasurer; and
WHEREAS, of the 478 cities in California, 158 cities have elected City
Clerks, and 178 cities have elected City Treasurers. The City of Pittsburg is in the minority
with both an elected City Clerk and elected City Treasurer; and
WHEREAS, pursuant to Government Code Section 36508, the City may
submit to the voters the questions of whether the positions of City Clerk and City
Treasurer shall be elected or appointed by the City Council; and
WHEREAS-,if-the"majority of the votes cast on thero osition regarding the
p p g g
City Clerk is for converting the position of City Clerk to an appointive position, the City
Council shall appoint such officer upon the expiration of the term of the current City Clerk
in November 2006; and
WHEREAS, if the majori of the votes cast on._the ro osition re ardin the_�
City Treasurer is for converting the position of Ci Treasurer to an a ointive ;position, the
" City pp p ,
City"06-uracil shall appoint such offcer upon the expiration of the term of the current City
Treasurer in November 2006; and
WHEREAS, it is the desire of the City of Pittsburg to call a Special Election
to be held on November 8, 2005 for the purpose of placing two measures before the
electorate; and
WHEREAS, Governor Schwarzenegger has called for a Special Statewide
Election to be held on November 8, 2005; and
WHEREAS, it is the desire of the City Council of the City of Pittsburg to call a
Special Measure Election on November 8, 2005, and consolidate such Special Measure
Election with the Special Statewide Election to be held on November 8, 2005.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pittsburg
as follows:
•
Section 1. Placi q Two easures on the Ballot for the Special Election
A special elec ion shall be and is hereby ordered to be held in the City of Pittsburg
on November 8, 2005. Pursuant to Government Code Section 36508, the City Council
hereby places on the ballot at the November 8, 2005 Special Election, the questions of
whether the positions of City Clerk and City Treasurer should be appointed by the City
Council.
Section 2. Description of the Question Placed on the Ballot Regarding the Position of
City Clerk
The exact form of the question as it wi-11 appear on the ballot is as follows:
':"'y 'fG�#±M1'c:r.'a.s.rsrnt,Eh;*a'rtcH.7taY5y!.:i:wi...rs,s.Ywri,*•+;MSRaaRt';1;:,.,.,wu� _'""'M
Shall the office of city clerk be appointive?
Yes No
Section 3. Description of the Question Placed on the Ballot Regarding the Position of
City Treasurer
Shall the officer of city treasurer be appointive?
Yes No '
\K
Section 4. Consolidation of Election
Pursuant to Elections Code Section 10403, the City Council hereby requests that
the Pittsburg Special Measure Election be consolidated with the Special Statewide
Election to be held on November 8, 2005.
Section 5. Establishment of Deadline for Argument Submission; Designation of
Preferences if Multiple Submissions
.P. .rsuant to Elections Code section 9286, the elections official has established
Au st 1-5,t-2.. as the deadline for the submissions of arguments in favor of and
arguments against the ballot measures. For each measure, if more than one argument for
or mo a ,pan:one,ar u a ainst the ballot measure is submitted, the priorities set forth
in lections Code Section 9287 shall conArDL,
Section 6. Direction
The City Council directs the City Clerk to transmit copies of each ballot measure to
the City Attorney, who shall prepare an impartial analysis of each measure showing the
effect of each measure on the existing law and the operation of each measure. The
impartial analysis for each measure shall be filed by the date set by the election official for
the filing of impartial analysis.
Section 7. Certification
The City Clerk shall certify the adoption of this Resolution.
Resolution No. 05-10334 Page 2 of 3
Section 8. Effective Date
This Resolution shall take effect immediately upon its adoption.
The foregoing resolution was duly adopted by the City Council of the City of
Pittsburg at a duly convened meeting thereof, held on the 18th day of July, 2005, by the
following vote:
AYES: Council Members Casey, Glynn, Johnson and Kee
NOES: None
ABSTAINED: None
ABSENT: Mayor Parent
N cy . Parent,'Mayor
ATTEST:
w
Lillian J. Pride, City Clerk
Resolution No. 05-10334 Page 3 of 3
i
t
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Submitting an Initiative Measure Entitled } RESOLUTION NO. 05-10347
"City of Pittsburg Voter Approved Urban }
Limit Line and Prezoning Act," to the }
Voters Of Pittsburg, and Requesting the �
Consolidation of the City's Special }
Measure Election for the Act with the } -�
on �o�r ��I
Special Statewide Election to be Held } R� 05
November 8 2005 ��'��T Tq c
} -10 0
l V'� ANTk
The City Council of the City of Pittsburg DOES RESOLVE as follows:
WHEREAS, the proponent of a proposed voter initiative entitled the "City of
Pittsburg Voter Approved Urban Limit Line and Prezoning Act," ("Acf') circulated petitions
and obtained signatures from no less than 15 percent of the voters as verified by a Contra
Costa County Election Official on July 20, 2005; and
WHEREAS, California Elections Code Section 9214 requires that the City of
Pittsburg either adopt the Act since it received the requisite number of petition signatures
or, alternatively, order a special election and submit the Act to a Citywide vote; and
WHEREAS, it is the City Council's desire to call a Special Election to be held
on November 8, 2005, so that the City's electorate has the opportunity to vote on the Act,
which would: (1) amend the Pittsburg General Plan by creating a City voter-approved
urban limit line; (2) prezone certain lands outside the boundary of the City in order to
facilitate the future annexation of those lands; and (3) amend the text and diagrams of the
General Plan to reflect the voter-approved urban limit line and a new goal; and
WHEREAS, Governor Schwarzenegger has ordered a Special Statewide
Election to be held on November 8, 2005; and
WHEREAS, Cal. Elections Code Section 10400, et. seq., gives the City the
authority to consolidate the Special Measure Election for the Act with the Special
Statewide Election scheduled for the same day; and
WHEREAS, on July 18, 2005, the City Council ordered the consolidation of
two Special Measure Elections (related to selection of the City Clerk and City Treasurer)
with the Special Statewide Election, and the City Council now desires to add the Special
Measure Election for the Act to that same consolidated election scheduled for November
8, 2005.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Pittsburg as follows:
Section 1. Consolidation Order
The City Council hereby orders the following elections to be consolidated and held
on November 8, 2005 in the City of Pittsburg: the Special Measure Election for the Act,
the Special Statewide Election, and the two Special Election Measures submitted to the
voters via City Council Resolution No. 05-10334.
Section 2. Description of the Question To Be Placed on the Ballot For the Act
Pursuant to Cal. Election Code Sections 10403, 13119, and 13247, the exact form
of the question that will appear on the official ballot is as follows:
Shall the voters of the City of Pittsburg approve a proposal to amend
the City General Plan and Zoning Map by: (1) establishing a voter-approved
urban limit line, which could onlybe changed b a vote of the people; (2)g Y p p �
prezoning certain lands outside the City limits; (3) adding a new General Plan
goal; and (4) modifying other General Plan text and diagrams, as further
described in the proposal?
Yes No
State law limits the question to 75 words, and the foregoing question consists of 69
words.
Section 3. Impartial Analysis by City Attorney
The City Council directs the City Clerk to transmit a copy of the Act to the City
Attorney, who shall prepare an impartial analysis of the initiative measure showing how the
measure would operate and the effect it would have on existing law, pursuant to the
requirements of Cal. Elections Code Section 9280. The impartial analysis shall be filed
by August 15, 2005.
Section 4. Establishment of Deadline for Argument Submission; Desiqnation of
Preferences if Multiple Submissions
Pursuant to Elections Code Section 9286, the Elections Official has established
August 15, 2005, as the deadline for the submissions of arguments both in favor of, and
against, the initiative measure. If more than one argument for, or more than one argument
against, the ballot measure is submitted, the priorities set forth in Elections Code Section
9287 shall control.
Section 5. Rebuttal Arguments
The City Council authorizes rebuttal arguments pursuant to Cal. Elections Code
, 7
9285. Rebuttal arguments, if any, shall be filed with the City Clerk during the period of
z.
August 16 through August 22, 2005.
Section 6. Certification X.
The City Clerk shall certify the adoption of this Resolution.
Section 7. Effective Date
This Resolution shall take effect immediately upon its adoption.
The foregoing resolution was duly adopted by the City Council of the City of
Pittsburg at a duly convened meeting thereof, held on the 1 st day of August, 2005, by the
following vote:
AYES: Council Members Casey, Glynn, Johnson and Mayor Parent
NOES: None
ABSTAINED: None
ABSENT: Council Member Kee
4
Nan y L.tParent, Mayor
ATTEST:
Lillian J. Pride, City Clerk
OFFICE OF THE CITY MANAGER
Administrative Offices
66 Civic Avenue
Pittsburg, California 94565
DATE: August 1, 2005
TO: Mayor and Council Members
FROM: Ruthann G. Ziegler, City Attorney
SUBJECT: SUBMISSION OF URBAN LIMIT LINE INITIATIVE MEASURE TO VOTERS
AT A CONSOLIDATED ELECTION
EXECUTIVE SUMMARY:
The project proponent for the "City of Pittsburg Voter Approved Urban Limit Line and
Prezoning Act"(the"Act"} has obtained sufficient petition signatures to qualify the measure for
a Special Election, as verified by Contra Costa County.
To consolidate a Special Election with the planned Special Statewide Election on November
8, 2005, the City must file a resolution requesting the consolidation with the County Board of
Supervisors at least eighty-eight (88) days prior to the date of the election, pursuant to Cal.
Elections Code Section 10400, et se
The attached resolution requests such a consolidation, and also establishes the official
wording for the Act that will be placed on the ballot.
FISCAL IMPACT:
There are no fiscal impacts because the measure's proponents have agreed to pay for the
cost of the election.
RECOMMENDATION:
Staff recommends that the Council adopt the attached Resolution, which would consolidate
the special election for the Act with the special statewide election on November 8, 2005. It
would also establish the final wording for the ballot measure as it relates to the Act, and direct
the City Attorney to prepare an impartial analysis of the initiative measure.
BACKGROUND:
The project proponent submitted the"Notice of Intent to Circulate a Petition"for the proposed
"City of Pittsburg Voter Approved Urban Limit Line and Prezoning Act" to the City Clerk's
Office on June 2, 2005.
STAFF ANALYSIS
As required by law, the City Attorney subsequently prepared a title and summary describing
the chief purposes and points of the initiative measure. The title and summary are reprinted
in full below:
A Proposal to
Create a City of Pittsburg Voter-Approved Urban Limit Line and
To Prezone Certain Lands Within That Urban Limit Line
This Proposal would, if adopted, establish an Urban Limit Line for the City of
Pittsburg, and prezone certain lands within that Urban Limit Line which are not
already within the City's boundaries. The measure would do this by amending both
the City of Pittsburg General Plan and the City's Zoning Map, which is part of the
City's Zoning Ordinance.
This Proposal would, by amending the City's General Plan: (1)create a City
voter-approved urban limit line around the entire City; (2)revise multiple diagrams in
the General Plan to reflect the voter-approved urban limit line;and(3)add text about
the urban limit line to Chapter 1.2, "Purpose and Requirements of a General Plan,"
and Chapter 3.1, "Growth and Expansion."
The proposed text amendments to the General Plan state, amongother
i
things, that it s the Proposals intent to comply with Measure J. Measure J,
approved by County voters in November 2004, is the Contra Costa Transportation
Sales Tax Expenditure Plan which requires that a city in Contra Costa County, as a
prerequisite to receiving transportation sales tax revenue, complies eitherwith a new
countywide, mutually agreed upon voter-approved urban limit line,orthat city's voter-
approved urban limit line.
The Proposal would add to the City's General Plan Goal 3-G-2, concerning
Growth and Expansion. The new goal states:
Realize the opportunities afforded by establishment of the Voter
Approved Urban Limit Line to allow the City to grow in such a way as
to diversify and expand the employment base, develop a range of
housing opportunities, increase the depth of municipal fiscal
resources, enhance the quality of urban life of all Pittsburg residents
and prohibit urban development beyond the Voter Approved Urban
Limit Line.
The Proposal would amend the City's existing Zoning Map to prezone
specific areas outside the City limits, but within the voter-approved urban limit line.
Prezoning is a method to establish zoning for unincorporated territory the City
desires to annex. The zoning does not take effect until the annexation occurs. Five
of the City's planning areas would be affected by the prezoning: Southwest Hills,
Northwest River, Buchanan, Black Diamond and Woodlands. The Proposal would
prezone certain portions of each area as"Hillside Planned District"or"Open Space
District." The City's existing Zoning Ordinance, Chapters 18.56 and 18.58,establish
the regulations and development standards for these zoning designations.
The Proposal does not affect existing General Plan land use designations.
The voter-approved urban limit line could only be changed by a vote of the
people at a future City general or special election. The Zoning Map amendments
that prezone certain lands could be changed by a vote of the people at a City general
or special election, or by a majority vote of the City Council.
State law requires that the final wording of the measure on the voter ballot be limited to 75
words,which is much shorter than the ballot title and summary presented above. Therefore,
the City Attorney recommends that the City Council consider submitting the initiative measure
to the voters in the following condensed form, consistent with the requirements of state law:
Shall the voters of the City of Pittsburg approve a proposal to amend
the City General Plan and Zoning Map by: (1) establishing a voterso
approved urban limit line,which could only be changed by a vote of the
people; (2) prezoning certain lands outside the City limits; (3) adding a
new General Plan goal; and (4) modifying other General Plan text and
diagrams, as further described in the proposal?
Yes No
RuthanNG. Z4efler, fly Attorn4
Attachments: Resolution
Initiative Measure
t
a
CLERK'S CERTIFICATE TO INITIATIVE PETITION
1, Stephen L. Weir, County Clerk of the County of Contra Costa, State of California, hereby certify:
That the City of Pittsburg Voter Approved Urban Limit Line Initiative Petition has been filed
with this office on July 5, 2005
That said petition consists of: 109 sections;
That each section contains signatures purporting to be the signatures of qualified electors of this
county;
That attached to this petition at the time it was filed was an affidavit purporting to be the affidavit of
the person who solicited the signatures, and containing the dates between which the purported
qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures upon
that section, that all of the signatures were made in his or her presence, and that to the best of his
or her knowledge and the belief, each signature to that section Was the genuine signature of the
person whose name it purports to be;
That after the proponent filed this petition, I verified the required number of signatures by
examining the records of registration in this county, current and in effect at the respective
purportive dates of such signing, to determine what number of qualified electors signed the petition
and from that examination, I have determined the following facts regarding this petition;
1. The number of unverified signatures filed by the proponent (raw count): 6,549
2. The number of signatures verified: 4,694
a. The number of signatures found SUFFICIENT: 3,497
b. The number of signatures found NOT SUFFICIENT: 1,197
c. NOT SUFFICIENT because of DUPLICATE: 88
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this :
20th day of July 2005.
Ste a L. Weir, County Clerk
7
By:.
Deputy
"arnanded total since raw count
pet-mrL /15!99
s:: A Petition Result Breakdown
----------- ------ --------
Signatures Required 3479
Raw Count 6549
Sample Size 6649 Percent of Percent of
Sigs Checked 4694 Si4s Checked Sample Size
Sigs Not Checked 19855 28.3%
Sigs Valid 3497 74.5% 53.4%
Sigs Invalid 1,197 25.5% 18.3%
Duplicated 88 2.0% .1.3 %
Non-duplicate Invalids 1,109 24.0% 16.9%
Approved Approved 3497 74.5%
NotReg Not Registered 866 18.4%
OutOfDist Out of District 166 3.5%
Duplicate Signed more than once 88 1.9%
Withdrawn Withdrawn 1 0.0%
RegLate Registered Late 51 1.1 %
RegDiffAdd Registered at a Different Address 1 0.0%
Cantidntfy Cannot Identify 5 0.1 %
NoResAdd No Residence Address Given 3 0.1 %
NoSig No Signature 1 0.0%
Printed,Sig Printed Signature 1 0.0%
SigNoMatch Signatures Don't Match 13 0.3%
PCMR040-Petition Result Breakdown Page I of•
Printed: 7120IM5 2:11:35PM
A Proposal to
Create a City of Pittsburg VoterwApproved Urban Limit Line and
To Prezone Certain Lands Within That Urban Limit Line
This Proposal would, if adopted, establish an Urban Limit Line for the City of Pittsburg, and prezone
certain lands within that Urban Limit Line which are not already within the City's boundaries. The measure would
do this by amending both the City of Pittsburg General Plan and the City's Zoning Map,which is part of the City's
Zoning Ordinance.
This Proposal would, by amending the City's General Plan: (1) create a City voter-approved urban limit
line around the entire City; (2) revise multiple diagrams in the General Plan to reflect the voter-approved urban
limit line; and (3)add text about the urban limit line to Chapter 1.2, "Purpose and Requirements of a General
Plan,"and Chapter 3.1, "Growth and Expansion."
The proposed text amendments to the General Plan state, among other things,that it is the Proposal's
intent to comply with Measure J. Measure J, approved by County voters in November 2004, is the Contra Costa
Transportation Sales Tax Expenditure Plan which requires that a city in Contra Costa County, as a prerequisite to
receiving transportation sales tax revenue, complies either with a new countywide, mutually agreed upon voter-
approved urban limit line, or that city's voter-approved urban limit line.
The Proposal would add to the City's General Plan Goal 3-G-2, concerning Growth and Expansion. The
new goal states:
Realize the opportunities afforded by establishment of the Voter Approved Urban Limit Line to
allow the City to grow in such a way as to diversify and expand the employment base, develop a
range of housing opportunities, increase the depth of municipal fiscal resources, enhance the
quality of urban life of all Pittsburg residents and prohibit urban development beyond the Voter
Approved Urban Limit Line.
The Proposal would amend the City's existing Zoning Map to prezone specific areas outside the City
limits, but within the voter-approved urban limit line. "Prezoning"is a method to establish zoning for
unincorporated territory the City desires to annex. The zoning does not take effect until the annexation occurs.
Five of the City's planning areas would be affected by the prezoning: Southwest Hills, Northwest River,
Buchanan, Black Diamond and Woodlands. The Proposal would prezone certain portions of each area as
"Hillside Planned Distficf or"Open Space District." The City's existing Zoning Ordinance,Chapters 18.56 and
18.58, establish the regulations and development standards for these zoning designations.
The Proposal does not affect existing General Plan land use designations.
The voter-approved urban limit line could only be changed by a vote of the people at a future City general
or special election. The Zoning Map amendments that prezone certain lands could be changed by a vote of the
people at a City general or special election,or by a majority vote of the City Council.
CITY OF PITTSBURG VOTER APPROVED URBAN LIMIT
LINE AND PREZONING ACT
SECTION 1. Title.
This Act shall be known and may be cited as the "City of Pittsburg Voter Approved
Urban Limit Line and Prezoning Act."
SECTION 2. Findings and Purposes.
The people of the City of Pittsburg hereby make the following findings and declare that
their purpose in enacting this Act is as follows:
(a) The City of Pittsburg must plan for its future. Moderate, managed growth will
secure economic prosperity and enhance the quality of life in Pittsburg. With a
plan to manage development and the City boundaries, Pittsburg can achieve a
diverse and high-quality employment base close to home, create traffic solutions,
improve its public schools, and ensure an improved quality of life for all Pittsburg
citizens.
(b) To guide future growth and development in the manner consistent with the City's
General Plan, the people of Pittsburg must establish the Voter Approved Urban
Limit Line.
(c) Establishment of a City of Pittsburg Voter Approved Urban Limit Line complies
with the purposes of Measure J (Contra Costa's Transportation Sales Tax
Expenditure Plan)to:
(1) Ensure the preservation and protection of identified non-urban land,
including agricultural, open space, parkland, and other areas, by
establishing a line beyond which urban development is prohibited;
(2) Link land use decisions with the transportation investments in Measure J
by channeling future growth to locations more suitable for urban
development; and
(3) Ensure that land use policies within the Voter Approved Urban Limit Line
effectively promote appropriate development that accommodates the
area's projected housing and job needs for the future.
(d) Approval of this Act will qualify the City of Pittsburg to receive the millions of
dollars' worth of Measure J "Return to Source" funds to which it is entitled for
local street and road improvements. Unless we establish a Voter Approved Urban
Limit Line, these funds will be withheld by the Contra Costa Transportation
Authority.
1
(e) The prezoning of certain lands designated by this Act is a necessary first step so
that the City of Pittsburg may proceed to annex these lands.
(f) The new urban areas within the Voter Approved Urban limit line would be pre-
zoned as Hillside Planned District(HPD)and Open Space District(OS).
(g) Establishment of the Voter Approved Urban Limit Line will allow the City to
achieve a goal first identified in the 1980 General Plan: the construction of the
Buchanan Road Bypass, relieving the severe congestion on existing Buchanan
Road and providing another east-west connector between Kirker Pass Road and
Somersville Road to relieve current neighborhood congestion,
(h) The Voter Approved Urban Limit Line and prezoning established by this Act are
consistent with the goals and policies of the existing Pittsburg General Plan and
zoning ordinances.
(i) The Voter Approved Urban Limit Line may only be changed by a subsequent
vote of the voters of the City of Pittsburg at a city election.
(j} Establishment of the Voter Approved Urban Limit Line and the prezoning of
certain lands will finally give residents of the City of Pittsburg control over their
future. The residents of Pittsburg know what is best for their city, and the
residents of other Contra Costa County cities and unincorporated areas should
have no control over the future of our City.
SECTION 3. City of Pittsburg General Plan Amendments.
The City of Pittsburg General Plan is amended as follows:
(a) The Cover is hereby amended to show the establishment of a Voter Approved
Urban Limit Line as shown on Exhibit 1, attached hereto and incorporated herein
by reference.
(b) The paragraph entitled Growth Management (Chapter 3) at page 1-7 of the
Introduction and Overview section of the General Plan is hereby amended as
follows:
Growth Management(Chapter 3)
This element addresses growth and expansion, traffic standards, and public
facility standards, pursuant to the Contra Costa County Transportation
Improvement and Growth Management Program (Measure C) passed by county
voters in 1988. The element also addresses the Voter Approved Urban Limit Line
passed bv the voters of the City of P
2
(c) Figure 1-2 (Planning Boundaries and Physical Relief) at page 1-11 is hereby
amended to show the establishment of a Voter Approved Urban Limit Line as
shown on Exhibit 2, attached hereto and incorporated herein by reference.
(d) Figure 2-2 (General Plan Diagram) at page 2-12 is hereby amended to show the
establishment of a Voter Approved Urban Limit Line as shown on Exhibit 3,
attached hereto and incorporated herein by reference.
(e) Figure 2-3 (Planning Boundaries) at page 2-26 is hereby amended to show the
establishment of a Voter Approved Urban Limit Line as shown on Exhibit 4,
attached hereto and incorporated herein by reference.
(f) Part 3.1 (Growth and Expansion), subsection "Growth and Annexation,,"
beginning at page 3-2 is hereby amended as follows: .
GROWTH AND ANNEXATION
The Planning Area boundaries of this General Plan largely coincide with those of
the City's last General Plan, which was prepared in 1988, and are described in
Chapter I-, Introduction. Since the 1988 General Plan was adopted, Pittsburg has
witnessed six major expansions of its City boundaries, totaling approximately
2,780 acres:
* Northeast River subarea. In 1990, 1,170 acres were annexed for industrial
development;
0 West Central subarea. In 1991, 190 acres were annexed for construction of a
mobile home park;
Buchanan subarea. In 1997, 160 acres of Highlands Ranch were annexed for
industrial development; and
• Southwest Hills subarea. In. 1990, 1,030 acres were. annexed for the San
Marcoproject. In 1992, 130 acres were annexed along the western municipal
boundary. Then in 1996, 100 acres were annexed south of Oak Hills,
Full implementation of the land uses proposed in this General Plan will require
additional annexations in the Woodlands, Buchanan, Southwest Hills, and
Northwest River subareas. Policies also consider potential annexation of
developable lands outside of the current SOI along the eastern and western edges
of the City. 0
As part of the 1996 Contra Costa County General Plan, the County delineated an
Urban Limit Line (ULL) to identify areas appropriate for urban expansion and
preserve open space in the southern hills. Recently, in 2000,the County amended
its ULL, removing several hundred acres of the southern hills from planned urban
3
growth areas. This General Plan seeks to define appropriate limits for urban
growth based on land use considerations and environmental and topographic
constraints.
The voters approved the Cily of Pittsburg Voter Approved Urban Limit Line and
Prezoning Act. This Act amended this General Plan to establish a Voter
Approved Urban Limit Line that could not be changed without a vote of the
voters. The Act also prezoned certain specified lands as a necessary first step in
the process of annexing those lands to the City and provided that the..,,prezomLag
could be changed by.a vote of the voters or by a maty vote of the City Council.,
The findings and purpose section of the City of Pittsburg Voter Approved Urban
Limit Line and Prezoning Act specifically stated its intent to comply with the
purposes of Measure J (Contra Costa's Transportation Sales Tax Expenditure
Planus follows:
a. Ensure the preservation and protection of identified non-urban lands
including agricultural, open space, parkland, and other areas, by
establishing a line beyond which urban development is,prohibited;
b. Link land use decisions with the transportation investments in Measure J
by channeling future growth to locations more suitable for urban
development; and
c. Ensure that land use policies within the Voter Approved Urban Limit Line
effectively promote appropriate development that accommodates the
area's projected housing and iob needs for the future.
J
GOALS: GROWTH AND EXPANSION
3-G-1 Manage the City's growth to balance development of housing
options and job opportunities, protection of open space and habitat areas,
construction of transportation improvements, and preservation of high quality
publ is facil ities.
3-G-2 Realize the opportunities afforded by establishment of the Voter
Approved Urban Limit Line to allow the City to grow in such a way as to
diversify and and the emplovment base, develop a ranee of housing
opportunities, increase the depth of f municipal fiscal resources, enhance the
qualityof urban lie for all Pittsburg residents and prohibit urban development
beyond the Voter Approved Urban Limit Line.
(g) Figure 13-1 (Areas in Deed of Repair or Replacement) at page 13-33 is hereby
amended to shove the establishment of a Voter Approved Urban Limit Line as
shown on Exhibit 5, attached hereto and incorporated herein by reference.
4
(h) Figure 13-2 (Housing Opportunity Sites 2004-2006) at page 13-63 is hereby
amended to show the establishment of a Voter Approved Urban Limit Line as
shown on Exhibit 6,attached hereto and incorporated herein by reference.
(i) Figure 13-3 (Los Medanos Community Development Project) at page 13-119 is
hereby amended to show the establishment of a Voter Approved Urban Limit
Line as shown on Exhibit 7, attached hereto and *incorporated herein by reference.
SECTION 4. City of Pittsburg Zoning Map Prezoning Amendments.
The Zoning Map of the Zoning Ordinance of the City of Pittsburg, Title 18 of the
Municipal Code, Section 18.04.020.0 (Ordinance No. 90-979) is amended to prezone lands by
applying Chapter 18.56 (Hillside Planned District)and Chapter 18.58 (Open Space District)to
certain lands as shown in Exhibit 8 (Prezoning Northwest River),Exhibit 9 (Prezoning
Southwest Hills), Exhibit 10 (Prezoning Woodlands) and Exhibit 11 (Prezoning Buchanan),
attached hereto and incorporated herein by reference.
SECTION 5. Finding of Consistency*
The Voter Approved Urban Limit Line established by this Act is consistent with the
Pittsburg General Plan, The prezoning established by this Act is consistent with the Pittsburg
General Plan and Zoning Ordinance.
SECTION 6. Implementation.
Upon the effective date of this Act, the Act shall be deemed inserted in the City of
Pittsburg General Plan and the City of Pittsburg Zoning Map as amendments thereof,except that
if the four amendments of the mandatory elements of the City of Pittsburg General Plan
permitted by state law for any given calendar year have already been utilized prior to the
effective date of this Act, the portions of this Act pertaining to the City of Pittsburg General Plan
shall be deemed inserted in the City of Pittsburg General Plan on the sixtieth day following the
date of certification of the vote approving this Act by the City Clerk.
SECTION 7. Amendments.
The Voter Approved Urban Limit Line established by this Act may only be changed by a
subsequent vote of the voters at a . city election. The Prezoning Map amendments contained in
Section 4 of this Act may be changed by a subsequent vote of the voters at a city election or by a
majority vote of the City Council.
SECTION 8. Effective Date.
The provisions of this Act shall.become effective upon the approval of the voters of the
City of Pittsburg pursuant to California Elections Code section 9217.
5
Y
SECTION 9. Severability.
If any provisions of this Act or the application thereof to any person or circumstances is
held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other
provisions or applications of this Act, and to this end the provisions of this Act are severable.
6
RESOLUTION NO. 121-05
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RICHMOND, CALIFORNIA, CALLING AND PROVIDING
FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 8,
2005, FOR THE PURPOSE OF SUBMITTING TO THE
VOTERS AN ORDINANCE AMENDING THE CITY OF
RICHMOND TRANSACTIONS AND USE TAX ORDINANCE
TO INCREASE THE SALES TAX
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 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 7285.9 of the
Revenue and Taxation Code of the State of California(the"Revenue and Taxation
Code"); and
WHEREAS,the Council, pursuant to Section 9215 desires to
respond to the petition received proposing an initiative measure to enact an
Ordinance levying a one-half percent(1/2%)Transaction and Use Tax(The
"Ordinance")by permitting the voters to consider the Ordinance;and
WHEREAS,the Ordinance will become effective if it is approved
by a majority of the votes cast of the California Elections Code, submit an
Ordinance to the qualified voters of the City to be approved by a majority of the
votes cast;and
WHEREAS, on November 8, 2005, a special statewide election is
scheduled to be conducted throughout the City; and
WHEREAS, Section 2.1 6.070 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
NOW, THEREFORE,BE IT RESOLVED by the City Council of
the City of Richmond., as follows.
Section 1. The foregoing recitals are true and correct, and this
City Council so finds and determines.
Section 2. A special election to be held in the City on Tuesday,
November 8. 2005 (the"Initiative Election"} is hereby called and consolidated
with the special statewide election to be held Tuesday,November 8, 2005, for the
purpose of submitting the following proposition:
"Shan the ordinance aniending the City of Richmond Transactions
and Use Tax Ordinance to increase the tax rate by one-half percent
(1/2%),be adopted?"
Section 3. The City Clerk of the City of Richmond is hereby
ordered and directed to cause said proposed initiative measure to be printed and to
mail a copy of said initiative measure to all registered voters in the City of
Richmond with their sample ballots in substantially the form set forth in Exhibit At,
attached hereto.
Section 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 special statewide election being
conducted on the same date in the same territory or any territory which is M* part
the same. Pending 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 8, 2005, 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 M* 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 precincts,pow places and voting booths established for the special
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 m* 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 M* the minutes of such meet' the
M9
results of said Initiative Election as ascertained by said canvass.
Section 5. The City Clerk of the City of Richmond is hereby
authorized to a Notice of Election and Notice of Measure to Be Voted On in
substantially the following form:
NOTICE OF SPECIAL ELECTION AND
NOTICE OF MEASURE TO BE VOTED ON
NOTICE IS HEREBY GIVEN that the following measure is to be
voted on at a special election(the"Initiative Election"}to be held in the City of
Richmond,on Tuesday,the 8th day of November 2005.-
"S the ordinance arnending the City of Richmond Transactions 400000
and Use Tax Ordinance to increase the tax rate by one-half percent(V2%),be
adopted?'
Said Initiative Election has been consolidated with the special
statewide election to be held in the City of Richmond on November 8, 2005. The
election precincts within the City of Richmond for said Initiative Election shall be
the election precincts established for said special 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 special statewide election.
11 4P
The pons will be opened between the hours of 7:00 a.m. and
80-00 P.m.
2
BY ORDER OF THE CITY COUNCIL OF TBE CITY OF
RICHMOND,
Dated: August 12, 2005.
Clerk of the City of Richmond
(SEAL)
The Clerk of the City is hereby authorized and directed to publish
said Notice of Election and Notice of Measure to Be Voted On in the WEST
COUNTY TIMES, a newspaper of general circulation circulated within the City of
Richmond, in accordance with the provisions of section 12112 of the Elections
Code of the State of California..
Section 6. The Clerk of the City is hereby authorized and
directed to cause to be delivered, no later than August 12, 2005 (which date is not
fewer than 88 days prior to the date set for the statewide election), one copy of
this Resolution to the Registrar of Voters of the County.
Section 7. The Finance Director of the City is hereby
authorized and directed to prepare and file 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.
Section 8. This resolution shall take effect immediately upon its
adoption.
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 August 12,2005,by the following vote:
AYES: Councilmembers Butt, Thurmond, Bates, Marquez, Griffin, Rogers,
Viramontes, and Mayor Anderson
NOES: None
ABSENT: Councilmember McLaughlin
ABSTENTIONS: None
DIANE HOLMES
Clerk of the City of Richmond
Approved:
IRMA L. ANDERSON
Mayor certified as a ue cov
Approved as to form: •, P+
CLERK OF THE CITYOF RICHMOND,CA
RACHEL DRAGOLOVICH ASSISTANT
City Attorney
3
State of California }
County of Contra Costa :ss.
City of Richmond I
1 certify that the foregoing is a true copy of Resolution No, 121-05 adopted
by the Council of the City of Richmond at a special meeting held August 12, 2005.
Clerk of the CiAy of Richmond
4
CLERK'S CERTIFICATE
1, Diane Hohnes, Clerk of the City of Ricbmond, do hereby certify
as follows:
The foregoing resolution is a full,true and correct copy of a
resolution duly adopted at a special meeting of the City Council of said City duly
held at the regular meeting place thereof on the 12th day of August 2005, of which
meet* all of the members of said City Council had due notice and at which a
Mg
majority thereof were present;and that at said meeting said resolution was adopted
by the following vote:
AYES Councilmembers Butt, Thurmond, Bates, Marquez, Griffin, Rogers,
Vr" amontes, and Mayor Anderson
NOES: None
ABSENT: Councilmember McLaughlin
ABSTAINED: None
An agenda of said meeting was posted at least 24 hours before said
meeting at 1401 Marina Way South, Richmond, California 94804, a location freely
accessible to members of the public, and a brief description of said resolution
appeared on said agenda.
I have carefiffly compared the foregoing with the original minutes
of said meeting on file and of record M* 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 since
the date of its adoption and the same is now in fill force and effect.
Dated: August 12, 2005
Clerk of City of Richmond
EXHIBIT A
ORDINANCE NO.
ORDINANCE OF THE CITY OF RICHMOND AMENDING THE CITY OF RICHMOND TRANSACTIONS
AND USE TAX ORDINANCE TO INCREASE THE TAX RATE BY Y2%
The People of the City of Richmond do ordain as follows:
Section 1. TITLE. This ordinance shall be known as the City of Richmond Transactions and Use Tax
V2%Rate Increase Ordinance. The City of Richmond hereinafter shall be called"City".
Section 2. OPERATIVE DATE. "Operative Date"means the first day of the first calendar quarter
commencing more than 110 days after the adoption of this ordinance,the date of such adoption being as set forth
below.
Section 3. CONTRACT WITH STATE. Prior to the operative date, the City shall amend its contract
with the State Board of Eq�tion to perform all functions incident to the ninistration and operation of the
City of Richmond.Transactions and Use Tax Ordinance,as amended by this ordinance,provided,that if the City
shall not have amended its contract with the State Board of Eion prior to the operative date, it shall
nevertheless amend the contract and in such a case the operative date shall be the first day of the first calendar
quarter following the execution of the amended contract.
Section 4. INCREASE IN TRANSACTIONS TAX RATE. Section 5 of the City of Richmond
Transactions and Use Tax Ordinance is amended as follows:
Section 5: TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at
retail, a tax is hereby imposed upon all retailers in the City at the rate of 1%of the gross receipts of an retailer
p y
from the sale of all tangible personal property sold at retail n sand territory on and after the operative date of this
il�
ordinance.
Section 5: INCREASE IN USE TAX RATE. Section 7 of the City of Richmond Transactions and Use
Tax Ordinance is amended as follows:
Section 7: USE TAX RATE. An excise tax is hereby unposed on the storage,use or other consumption
m the City of tangible personal property purchased from any retailer on and after the operative date of this
ordinance for storage use or other consumption in said territory at the rate of 9.25% of the sales rice of the
. p
property. The sales price shall include delivery charges when such charges are subject to state sales or use tax
regardless of the place to which delivery is made.
Section b: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid,the remainder of ordinance and the application of such provision to other persons or
. p
circumstances shall not be affected thereby.
Section 7: EFFECTIVE DATE. This ordinance shall be effective ten(10)days after the date on which the
city council has declared the voters of the City of Richmond have approved the ordinance b a vote of not less than a
. y
majority of the votes cast by the electors voting on the tax increase proposal set forth in said ordinance. This
ordinance is for the levy and collection of a tax for general revenue purposes and is not subject to referendum.
Section 8: EFFECT ON CITY OF RICHMOND TRANSACTION AND USE TAX ORDINANCE.
As expressly provided in this ordinance,the City of Richmond's Transaction and Use Tax Ordinance shall continue in
full force and effect in accordance with the provisions thereof as amended hereby.
y
1
RESOLUTION NO. 122-05
Y
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION
TO BE HELD ON TUESDAY,NOVEMBER 8,20059 TO SUBMIT TO THE VOTERS
OF THE CITY OF RICHMOND AN ORDINANCE PURSUANT TO THE
PROVISIONS OF SECTION 9215 OF THE CALIFORNIA ELECTIONS CODE
BE IT RESOLVED by the Council of the City of Richmond, California, as
follows:
1. Pursuant to the requirements of Section 9215 of Chapter 3 of the California
Elections Code,there is called and ordered to be held in the City of Richmond,
California, on Tuesday,November 8,2005, a Special Election for the purpose of
submitting to the voters an ordinance amending the City of Richmond Transactions and
Use Tax Ordinance to increase the tax rate by one-half percent(1/2%).
2. That the polls for the election shall be open at 7:00 a.m. of the day of the
election and shall remain open continuously from that time until 8:00 p.m. of the same
day when the polls shall be closed.
3. That notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed, and directed to sign and publish said Notice of Election,
in time, form, and manner as required by law in the WEST COUNTY TIMES, a
newspaper of general circulation circulated within the City of Richmond, in accordance
with the provisions of Sections 12101 of the Elections Code of the State of California.
4. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the original Resolutions.
5. The City Council directs the City Clerk to file a certified copy of this
Resolution with the Registrar of Voters.
BY ORDER OF THE CITY COUNCIL OF THE CITY OF RICHMOND
I certify that the foregoing resolution was passed and adopted by the Council of
the City of Richmond at a special meeting thereof held on August 12, 20059 by the
following vote:
AYES: Councilmembers Butt,Thurmond, Bates,Marquez, Grim, Rogers,
Viramontes, and Mayor Anderson
NOES: None
ABSTENTIONS: None
ABSENT: Councilmember McLaughlin
DIANE HOLMES
Clerk of the City of Richmond
(SEAL)
Approved:
IRMA L. ANDERSON
Mayor Certified as a Tr oI Ir Cu 0
Approved as to form:
pl Of:THE CITY OF Ril✓HMOHC,CA
RACHEL DRAGOLOVICH, ASSISTANT
City Attorney
State of California }
County of Contra Costa
City of Richmond }
I certify that the foregoing resolution was passed and adopted by the Council of
the City of Richmond at a regular meeting thereof held on August 12, 2005.
Clerk of the City of Richmond
ResolutionCallingForSpecialElection8Nov2005.res
RESOLUTION NO. 123-05
RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA TO CONSOLIDATE A SPECIAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8,2005, WITH THE SPECIAL STATEWIDE ELECTION TO BE HELD
ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS,the City Council of the City of Richmond called a Special Election
to be held on Tuesday,November 8, 2005, for the purpose of submitting to the voters an
ordinance amending the City of Richmond Transactions and Use Tax Ordinance to
increase the tax rate by one-half percent(1/2%); and
WHEREAS, it is desirable that the Special Election be consolidated with the
Special Statewide Election and other elections which may be held whole or in part of the
territory of the City, as provided in Section 10400 of the Elections Code of the State of
California and that within the City,the precincts,polling places, and election officers be
the same, and that the County Election Department of the County of Contra Costa
canvass the returns of the Special Election and that the election be held in all respects as
if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND
DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. Pursuant to the requirements of Section 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 Special Election with the
Special Statewide Election and other elections held whole or in part of the
territory of the City on Tuesday,November 8, 2005, for the purpose of
submitting to the voters an ordinance amending the Transactions and Use
Tax Ordinance.
2. That the County Election Department is authorized to canvass the.returns
of the Special 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.
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.
4. That the City of Richmond recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to
reimburse the County for any costs.
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.
r
6. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of originals.
PASSED, APPROVED, AND ADOPTED ON August 12, 20051, by the following
vote:
AYES: Councilmembers Butt,Thurmond,Bates,Marquez, Griffin, Rogers,
Viramontes, and Mayor Anderson
NOES: None
AB S TENTI ONS: None
ABSENT: Councilmember McLaughlin
IRMA L. ANDERSON
Mayor
ATTEST: Certi' ied as a Tr Co'
DIANE HOLMES
Cit Clerk O4MK F T
City HE CITY OF RICHMOND CA
(SEAL)
State of California )
County of Contra Costa
City of Richmond )
I certify that the foregoing resolution was passed and adopted by the Council of
the City of Richmond at a regular meeting thereof held on August 12, 2004.
Clerk of the City of Richmond
RequestingBdMupToConsolidateSpecialElection2005.res
RESOLUTION NO. 104-04
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALFIORNIX PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Sections 9220 and 9285 of the Elections Code of the State of
California authorizes the City Council, by majority vote,to adopt provisions to provide for
the filing of rebuttal arguments for city measures submitted at municipal elections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA,DOES RESOLVE, DECLARE,DETERMINE,AND ORDER AS
FOLLOWS:
I That pursuant to Sections 9220 and 92'85 of the Elections Code of the State
of California,when the City Clerk has selected the arguments for and against
the measure which will be printed and distributed to the voters,the Clerk
shall send copies of the argument M* favor of the measure to the authors of
the argument against and copies of the argument against to the authors of the
argument M' favor. The authors-may prepare and submit rebuttal arguments
not exceeding 250 words. The rebuttal arguments shall be filed with the
City.clerk, accompanied by the printed names(s) and signature(s)of the
person(s) submitting it, or if submitted on behalf of an organization,the
name of the organization, and the printed name and signature of at least one
of its principal officers,not more than 10 days after the final date for filing
direct arguments. Rebuttal arguments shall be printed in the same manner as
the direct arguments. Each rebuttal argument shall immediately follow the
direct argument which it seeks to rebut.
2. That all previous resolutions providing for the filing of rebuttal arguments
for city measures are repealed.
3. That the provisions of Section 1 shall apply at the November 2, 20049
Municipal Election and at each municipal election after that time. -
4. Pursuant to Section 9280 of the Elections Code of the State of California,
the City Attorney shall prepare an impartial analysis for any city measure
that qualifies for a place on the ballot. The analysis shall not exceed 500
words in length.
5. 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 ON July 13, 20045 by the following vote:
AYES: Councilmembers Bates,Belcher,Bell, Butt, Grifflin, Penn,Rogers,
and Mayor Anderson
NOES: None.
ABSTENTIONS: None
ABSENT: Councilmember Viramontes.
dkf
DIANE HOLMES
Clerk of the City of Richmond
(Seal)
Approved:
IRMA L. ANDERSON
Mayor Certified,,-as a Tr
Copy
Approved as to form: CLEAK a�tH-11 city oe RIBpMApp►G!1
EVERETT JENKINS,Actin
City Attorney
State of California }
County of Contra.Costa :ss.
City of Richmond I
I certify that the foregoing is a true copy of Resolution No. 104-04 adopted by the
Council of the City of Richmond at a regular meeting held July 13, 2004.
Clerk of the City of Richmond
CITY OF WALNUT CREEK
ORDINANCE NO. 2045
AN ORDINANCE OF THE CITY OF WALNUT CREEK CALLING A
SPECIAL ELECTION AND ORDERING THE SUBMISSION OF A
PROPOSITION OF INCURRING BONDED DEBT FOR THE
PURPOSE OF THE ACQUISITION, CONSTRUCTION AND
COMPLETION OF A NEW CITY LIBRARY TO THE QUALIFIED
VOTERS OF THE CITY OF WALNUT CREEK AT THE SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 89 2005
WHEREAS,the library currently serving the City of Walnut Creek (the"City")was built
more than 40 years ago to serve a population of less than 10,000 and now struggles to serve the
City's 67,000 residents; and
WHEREAS, the library currently serving the City ran out of adequate space for books and
materials 20 years ago; and
WHEREAS, Walnut Creek's librarians must remove a book from the shelves every time
they need to add a new book to the collection; and
WHEREAS, there is inadequate space for quiet reading, study, or children's programs at
the current library; and
WHEREAS, the antiquated electrical system restricts the access library patrons have to
computers, the Internet and electronic research and reference materials; and
WHEREAS, on July 19, 2005, this City Council adopted,by a two-thirds vote of all the
members of said Council, a Resolution entitled"A Resolution of the City Council of the City of
Walnut Creek Determining That the Public Interest and Necessity Demand the Acquisition,
Construction and Completion of a New City Library and Its Financing Through the Issuance of
General Obligation Bonds" (the "Resolution"); and
WHEREAS, in order to provide for the issuance by the City of its general obligation
bonds to finance a portion of the costs of constructing the new City library, it is necessary for this
0
Council to pass an ordinance ordering the submission of the proposition of incurring bonded
indebtedness for such purpose to the qualified voters of the City at an election; and
WHEREAS, a Special Municipal Election for the City is to be held on Tuesday,
November 8, 2005; and
WHEREAS, the City Council desires to submit to the voters at said election the
proposition of incurring bonded indebtedness as hereinafter set forth.
Now therefore, the City Council of the City of Walnut Creek does ordain as follows,
SECTION 1. That the following question shall be submitted to the voters of the City at
the Special Municipal Election to be held on November 8, 2005:
BONDS FOR NEW CITY LIBRARY
"To replace the outdated, undersized, worn out downtown library with a new
library accessible to all, with adequate space for books and materials, children's
reading programs, a computer, homework and tutoring center for local students,
and the space and equipment to offer computer and Internet programs for adults
and seniors, shall the City of Walnut Creek issue $21 million of bonds to build a
new downtown library, adjoining plaza and parking for the new library and
Civic Park?"
YES NO
SECTION 2. The object and purpose of incurring the indebtedness is to finance the costs
of acquiring and constructing a new City library, adjoining plaza and parking for the new library
and Civic Park. The foregoing improvements are referred to herein as the "Improvements". The
City wishes to acquire and construct the Improvements because the present City library is
inadequate to serve the needs of the citizens of the City.
G
t
SECTION 3. The estimated cost of the portion of the costs of the Improvements to be
paid for from the City's general obligations bonds is Twenty-One Million Dollars
($21,000,000.00). The estimated cost includes legal and other fees and the cost of printing the
bonds and other costs and expenses incidental to or connected with the authorization, issuance
and sale of bonds. The cost of constructing the Improvements in excess of$21,000,000 will be
paid for from other funds of the City, and if available, from a library grant given to the City by
the State of California.
SECTION 4. The amount of the principal of the indebtedness to be incurred is not to
exceed Twenty-One Million Dollars ($21,000,000.00).
SECTION 5. The maximum rate of interest to be paid on the indebtedness shall be eight
percent (8%)per annum.
SECTION 6. This City Council does hereby call a special municipal election on Tuesday,
November 8, 2005, and submit to the qualified voters of the City, at said Special Municipal
Election, the proposition set forth in Section 1 hereof. The City proposes to acquire, construct
and complete the Improvements, and to issue and sell General Obligation Bonds of the City
pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of r
the California Government Code, in one%ZgLe...senes,, in the maximum amount and for the
objects and purposes set forth above, if two-thirds f all qualified voters voting on the
proposition set forth above vote in favor thereof. The bonds are to be general obligations of the .-
City,payable from and secured by taxes levied and collected in the manner prescribed by laws of
2
the State of California. All of said bonds are to be equally and ratably secured, without priority,
by the taxing power of the City.
SECTION 7. That in all particulars not recited in this Ordinance, the election shall be
held and conducted as provided by law for holding municipal elections. That pursuant to the
requirements of section 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 Special
Municipal Election with the Statewide Special Election on Tuesday,November 8, 2005, and said
election shall be held in all respects as if there were only one election and only one form of ballot
shall be used.
SECTION 8. Each voter to vote for the proposition and for the incurring of said
indebtedness shall fill in the oval to the left of the word"YES" on the ballot below the
proposition heading; and each voter to vote against the proposition and against the incurring of
said indebtedness shall fill in the oval to the left of the word "NO" on the ballot below the
proposition heading.
SECTION 9. 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
the time, form, and manner required by law.
SECTION 10. This Ordinance shall be published once a day for at least seven days in a
newspaper printed,published and circulated at least six days a week in the City, or once a week
for two weeks in a newspaper printed,published and circulated less than six days a week M' the
City. The first of said publication's shall, in either event,be within fifteen(15) days after the
adoption of this ordinance. The City Clerk is hereby authorized and directed to make said
publications and to transmit, for receipt no later than August 12, 2005, a certified copy of this
Ordinance to the Board of Supervisors of Contra Costa County(the"County"), and a copy with
the County Clerk of the County and the Registrar of Voters of the County.
91
SECTION 11. Said Board of Supervisors is hereby authorized-to canvass the returns of
said City Bond Election.
SECTION 12. Said Board of Supervisors is hereby requested to issue instructions to the
County Elections Department to take any and all steps necessary for the holding of the said
consolidated elections.
SECTION 13. 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 City
Council 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 City's Bond Measure (the"Measure"):
a) The specific purpose of the bonds is to build a new City library, adjoining plaza and
parking for the new library and Civic Park;
b) The proceeds from the sale of the City'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 Library Construction Fund to be
held by the City; and
d) The Administrative Services Director of the City shall file an annual report with the
City Council of the City, commencing not later than November 1, 2006, and annually thereafter,
which report shall contain pertinent information regarding the amount of funds collected and
expended, as well as the status of the library project listed in the Measure.
SECTION 15. That the City of Walnut Creek recognizes that additional cost's will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any costs.
SECTION 16. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 17. That the City Clerk is authorized., instructed and directed to have the
Contra Costa County Election Department procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in
order to properly and lawfully conduct the election.
SECTION 18. That the polls for the election shall be open at 7:00 o'clock a.m, of the day
of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the
same day when the polls shall be closed, except as provided in Section 14401 of the Elections
Code of the State of California.
SECTION 19. Pursuant to Election Code Section 10403, August 12, 2005 is be the
deadline for submission to the Board of Supervisors by a local agency the ordinance or resolution
requesting consolidation with the statewide election and any resolution or ordinance placing a
measure on the November 8, 2005 ballot. Pursuant to Elections Code Section 9286 et seq.,
August 15,2005 at 5 p.m. shall be the deadline for submission of arguments in favor of, and
arguments against, any local measures on the ballot. If more than one argument for and/or
against is received,the priorities established by Elections Code Section 9287 shall control.
SECTION 20. Theprovisions of Elections Code Section 9285 shall control the
submission of any rebuttal arguments. The deadline for filing rebuttal arguments shall be August
225 2005 at 5 p.m.
SECTION 21. 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.
I
SECTION 23. This Ordinance shall become effective immediately as an ordinance
relating to an election pursuant to Government Code section 3 693 7(a) upon its adoption by two-
thirds vote of all the members of this City Council.
PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a
regular meeting thereof held on the 2nd day of August 2005,by the following called vote:
AYES: Councilmembers: Rainey,Regalia,Abrams,Hicks,Mayor Skrel
NOES: Councilmembers: None
ABSENT: Councilmembers: None
yor of City of Walnut Creek
Attest:
j
iby 61'e7Z d the Citof Walnut Creek
L Cathleen A. McKay, City Clerk of the City of Walnut Creek, California, do hereby
certify the foregoing to be a true and correct copy of Ordinance No. 2045, duly passed and
adopted by the City Council of the City of Walnut Creek on the date and by the vote therein
recited and that the same has been duly published according to law.
CITY OF WALNUT CREEK ,
I HEREBY CERTIFY that the foregoing is a ,
true Zed copy of �r' `
City derk of the City Walnut Creek
r�r�✓
Date: +.
City le
OCT.211
1914
�R
5
Z-113 LUN I KH I H �UUN I Y t-LtKK Ut- I HE NO.237 1?01
190
ERVISORS Contra
130ARD OF SUP
'40m: MAUKICE M. SHIU,PUBLIC WORKS DMECTOR .-Z Costa
DATE: July 1.9,2005 County
SL93JECT: Appropriation Limit Election for County Service Area R.-7A,Almno axeia, (District IR)
SPECIFIC RF.QU1_;S-1-(5)OR Rr�commr"WDA.TjON(S)&BACKG110UND AND JUSTIFICATION
RECOMMENDED&CTIO.N:
ADOPT Resolution 2005/1 42.9 calling for an appropriations Wmit increase election on November 8, 2005 for
County Service Area(CSA)R-7A.
11-fCALI-M- ACT:
There is no impact to the County General Fund. All funding is from County Service Area R-7A.
v/
REASONS FOR REC MENDATION AND KGROUN
When, the Gann Initiative(Proposition 4)became effective in 1.979,it imposed a limit on the future expenditures of
service areas. However, voter a• roved overrides allow for mi. increase in appropnation limits. CSA R-7A's
ovenide expires in Fiscal Year 2005/2006, Based on historical infonmation, witnout the cuiTent override, the
Disuict would exceed its Fiscal Year 2005/2006 appropriation limit. An overfide for Fiscal Years .7006/2007
through 2009/2010(Inclusive)will likely be required to cover any projected excess revenue in each of-these fiscal
years. It is recommended that the override be increased to 5990,000T-
CONSEaUENCES OF UGAT1VE ACTION*
The Alai-no community will not have aocess to the entire limit of ftuiding from Coinity Service Area R.-7A
without voter approval for increasing the appropriations limit.
CONTINUED ON ATTACHMENT- IM SIGNA IL%04
ItECOMMENDATION Of COUNTY ADMINISTUATOR R r.c oomewA'rioN or-10WAD COIN0,11TTEE
,✓' All? E OT14ER
#
r
SIGNATURE(S);
ACTION Of 80 I D N JULY 199 2005 APPROVED AS RECOMMENDED X2t OTHER)
VOTE OF SUPERVISORS' —— 1HERE-BY CERTIFY THATTHIS ISATRUEEAND COKIKELT
c6py OF AN ACTION TAKEN AND ENTERED ON
XX UNANIMOUS(ATISENT MNVTES OF THE BOARD OF SUPERVISORS ON THE
DATE SI-IOWN.
AYES' NOES:
ABSENT: ABSTAN-
Cosmact: Eileen Dolen(313-2253)
04v 'rrESTED JULY 191, 2005
\GfPD3t2\SPD'st\Bonrd Orders\2005-Board Ordcrs\07-19-05 BO-CSA R-7A A
G. I - ft
0mil Increase.dw JOHN SWEETEN,CU-RK OF T14E BOARD Of
County A""Isnlof SUPERVISORS
AWNWCOtroliff
corny Counsel
R.Sathe).CAO
D.Odnwn4s,SP,Vat DEPUTY
'A'as 0,1
YJ YJ 0 LUN I R COSTA COUNTY CLERK OF THE 96461385 NO.237 Q02
THE BOARD OF SUPERVISORS OF CONTRA COSMA COUNTY,CALIFORNIA
r
F Adopted this Resolution on July 19,2005,by the follouring vote;
AYES: Supervisors Pi epho,
.Desaulnier, Glover and U lkerna
NOES: None
ABSENT; Supervisor,John Gioia
ABSTAIN: Nonce
XE-SOLUTION NO. 2005/
SUBJECT: In the natter of catling an.appropriations lun.it increase election witlun the County Service Area R-7A.,
Alamo area. (District 111) 3
The Beard of Supervisors of Contra Costa County 1.s the Board of Directors of the County Service Area �
(CSA)R-7A RESOLVES THAT:
I Date. Consolidation. Pursuant to Section 4 of Anicle XM-B of the California. State Constitution,
apPro ns it increase election.is hereby called for CSA R-7A on November S 2005 and it shall be a
p�-�atio l�ix� y
consolidated with a iiy other election(s)in CSA R-7A on that elate.
2. Ballot Measure. This election shall be conducted by submitting to the voters of CSA R-7A the ballot
measure in substanfially the following form.-
44 Shall
orm:44Shall
the appropriations 3,imit under California Article XM-B.for County Service Au-ea R-7A(Mamo Parrs �,..
and Recreation)be increased to$990,000`-;md adjusted.for changes in the cost-cif-living and papulation,
with the increase effecti.ve for i_hw*Z_F_isc�1_Years 2006/2007 through 2009/2010(inclusive)to provide for the
expenditure of funds that will be available to the Service Area during Ow stated fiscal ears?" �
3. N.ti e. on„�i, et. The County Clerk(Electi.ons)shall take all steps necessary to provide appropriate notice
of the election mid to conduct it in accordance with applicable provisions orrthe Flections Cotte(Sec..5200
pF
ff.)
A�
4. Mail-Ballot The election shall not be by mail ballot.
I HEREBY CERTIFY THAT T141S IS A TRUE AICA CC RRZ-CT
COPY OF AN ACTION TAKEN AND ENTERED ON
DG:sr MINUTES OF THE DOARD OF SUPERVISORS ON THE
GAGq)0au lSpDisi%ovd Onlers\24}5.Roared Qrdersl DATE SHOWN.
07•26-05130•CSA R-7A Umit lnemase.doc
OrIg.Div:Public Works(Special Dismicts)
Contact; 11ilew Dotcn(313-2253)
M. County Adminigtrixor ATTESTED: ..PULL 19, 2005
Assessor JOHN SWEETEN,CLERK OF THE BOARD OF
Atidita'•conRollcr SUPERVISORS
coullset
R.Seithci,CSU
D.Edmonds,Sp.Rist. fir: Deputy
CAC.',R•7A �
RESOLUTION NO,24051 429