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HomeMy WebLinkAbout2026-10-06 Resolution 9.15.26Resolution No. 2026-366 IN THE MATTER OF THE SPECIAL ELECTION ON THE "CONNECT BAY AREA TRANSIT INITIATIVE" AND ORDERING CONSOLIDATION OF THE SPECIAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2026 WHEREAS Senate Bill 63 created the Public Transit Revenue Measure District (“District”) with jurisdiction in Alameda, Contra Costa, San Mateo, and Santa Clara Counties as well as the City and County of San Francisco, and provides that the District shall be governed by the same board that governs the Metropolitan Transportation Commission ("MTC"); and WHEREAS, Senate Bill 63 authorized a retail transactions and use tax applicable to the entire District to be imposed by the Board of the District or by a qualified voter initiative, subject to voter approval at the November 3, 2026, statewide general election; and WHEREAS, Senate Bill 830, an act to amend Section 67740 of the Government Code, relating to transportation, and declaring the urgency thereof, to take effect immediately, was signed into law on July 16, 2026, and revised the election procedures applicable to a retail transactions and use tax authorized under Senate Bill 63; and WHEREAS, under Government Code Sections 67730 and 67732, a qualified voter initiative may impose a retail transactions and use tax ordinance applicable to the entire District for a duration of 14 years, and in an amount of 0.5% in Alameda, Contra Costa, San Mateo, and Santa Clara counties and 1% in the City and County of San Francisco, subject to voter approval at the November 3, 2026, statewide general election; and WHEREAS, proponents of the “Connect Bay Area Transit Initiative” submitted petitions containing signatures to the Registrar of Voters of each county in the District on May 26, 2026; and WHEREAS, the Registrar of Voters of the County of Contra Costa determined that sufficient signatures had been gathered and the District Elections Official determined that the petition contained the required number of valid signatures of qualified registered voters in the District; and WHEREAS, on July 1, 2026, the District Elections Official prepared a “Certificate to Initiative Petition” finding the Initiative Measure to be sufficient; and WHEREAS, on July 24, 2026, the Board of the District adopted District Resolution No. 2, requesting the Boards of Supervisors of the Counties of Alameda, Contra Costa, San Mateo, and Santa Clara, and the City and County of San Francisco, to call a special election on the Initiative Measure to be consolidated with the November 3, 2026, statewide general election; WHEREAS, in accordance with Elections Code section 10403, subdivision (a), on July 24, 2026, District Resolution No. 2, together with its exhibits, was timely filed with the Contra Costa County Board of Supervisors, and a copy was timely filed with the County Clerk- Recorder/Elections Division as the County elections official, more than 88 days before the November 3, 2026, statewide general election; and WHEREAS, Government Code Section 67740(a) provides that the Board of Supervisors of each county comprising the District shall call a special election on the Initiative Measure and that the special election shall be consolidated with the November 3, 2026, statewide general election; and WHEREAS, consolidating the special election with the statewide general election is cost- effective and is the most appropriate manner in which to proceed. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Authority. This resolution is enacted pursuant to Government Code Sections 67730, 67732, 67740 and Elections Code Sections 10002 and 10403. 2. Call of Special Election. Pursuant to Elections Code Section 10002, the County Clerk- Recorder/Elections Division is requested to render full election services relating to the conduct of the special election held in Contra Costa County on November 3, 2026. Pursuant to Government Code Section 67740(a), the Board of Supervisors hereby calls a special election for the purpose of submitting the Initiative Measure, entitled the "Connect Bay Area Transit Initiative," to the qualified voters of Contra Costa County, with the election to be held on Tuesday, November 3, 2026. 3. Consolidation. Pursuant to Government Code Section 67740(a) and Elections Code Sections 10401 and 10403, the Board of Supervisors hereby orders the consolidation of the special election on the Initiative Measure with the statewide general election to be held on Tuesday, November 3, 2026, and with any other elections to be held on that date. The consolidated election shall be held and conducted in the manner prescribed by Elections Code section 10418. 4. Ballot Designation. Pursuant to Government Code Section 67740(g), the Initiative Measure shall be identified on the ballot by the designation "Regional Transit Measure" and shall appear on the ballot immediately after statewide ballot measures submitted to the voters and before all other local ballot measures submitted to the voters. The following ballot question shall be submitted to the voters: To prevent major service cuts to BART and other transit, avoid increased traffic, and reduce pollution by: Preserving BART, Caltrain, VTA, SamTrans, AC Transit, Muni, other transit for everyone, including workers, students, seniors, persons with disabilities; Supporting transit safety, cleanliness, affordability, reliability; Repairing targeted roads/potholes; Requiring financial transparency, oversight, accountability; shall the measure enacting a 0.5% (Alameda, Contra Costa, San Mateo, Santa Clara counties), and 1% (San Francisco) sales tax for 14 years generating approximately $980,000,000 annually, be adopted? 5. Canvass and Reporting. Pursuant to Government Code Section 67740(h), the County Clerk- Recorder shall report the results of the special election to the District Elections Official. If a simple majority of voters, assessed based on the cumulative vote within the entire District and not separately within each county comprising the District, vote in favor of the adoption of the Initiative Measure, the Initiative Measure shall take effect in the District. 6. Election Services. Pursuant to Elections Code Section 10002, the Board of Supervisors approves the District’s request for election services and authorizes and directs the County Clerk- Recorder/Elections Division to render full election services relating to the conduct of the special election held in Contra Costa County on November 3, 2026. 7. Election Costs. Pursuant to Government Code section 67740, subdivision (i), the District shall reimburse the County, from funds made available pursuant to Government Code section 67750, for the incremental costs incurred by the County elections official in submitting the Initiative Measure to the voters, as “incremental costs” are defined in Government Code section 67740, subdivision (i). 8. Severability. Should any section, subsection, clause, or provision of this Resolution for any reason be held to be invalid, the remainder of the Resolution shall be deemed valid. 9. Effective Date. This resolution becomes effective immediately upon adoption. I hereby certify that this is true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Monica Nino, County Administrator and Clerk of the Board of Supervisors By Contact: Helen Nolan, Assistant Registrar of Voters , Deputy