HomeMy WebLinkAboutMINUTES - 12191995 - C92 C. 92
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 19 , 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Election Consolidation
As requested by Florence V. Rundall, CMC, City Clerk, City
of Antioch, Third and H, Antioch, and Barbara M. Rivara, CMC,
City Clerk, City of Walnut Creek, 1666 North Main Street, Walnut
Creek, IT IS BY THE BOARD ORDERED that the County Clerk is
AUTHORIZED to consolidate the City of Antioch' s Special Recall
Election and the City of Walnut Creek' s Municipal Election with
the March 26, 1996, Primary Election.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su isorson t date shown.
ATTESTED, iL.�
PHIL BATCHELOR,Clerk of the Board
f Supervis sand Cou ty Administrator
B1► ;Deputy
CC : County Clerk
Elections
City of Antioch
City of Walnut Creek
\ ��ITOCN CP 94509
CITY HALL THIRD AND H PO 130
(510)779-7009
DEPARTMENT OF THE CITY CLERK FAX(510)779-7002
Florence V.Rundall,CMC TDD(510)757-5946
November 29, 1995
RRC ET`�TED
D t i 0 1 1995
Clerk, Board of Supervisors BY:
Contra Costa County
P O Box 911
Martinez CA 94553
Gentlemen:
Enclosed is a certified copy of our Resolution No. 95/202 Calling
an Election to Authorize a Special Recall Election and
Consolidating with the March 26, 1996 Election and Resolution No.
95/203 Requesting the Board of Supervisors to Consolidate our
Special Recall Election with the March 26, 1996 Election.
We appreciate your consideration of our request.
Sincerely,
RECEIVED
FLORENCE V. RUNDALL, CMC 619%
City Clerk
CLERK BOARD OF SUPERVISORS
R/j C CONTRA COSTA CO.
Enc,
cc: Steve Weir, County Clerk
Barbara Lee, Elections Dept.
William R. Galstan, City Attorney
I
RECEIVED
DEC 0 11995
RESOLUTION NO. 95/202
BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
CALLING AN ELECTION TO AUTHORIZE A SPECIAL RECALL ELECTION
AND CONSOLIDATING WITH THE MARCH 26, 1996 ELECTION
WHEREAS, The City Council received the Certificates of Sufficiency for recall of Council
Member Payton and Council Member Rimbault on November 14, 1995;
WHEREAS, Pursuant to Elections Code §14240, the Council is to call an election within
14 days of receiving the Certificates of Sufficiency.
NOW, THEREFORE,BE IT RESOLVED that the City Council hereby calls an election for
the purpose holding a special recall election.
BE IT FURTHER RESOLVED that the specific wording on the ballot shall be as follows:
"Shall Allen Payton be recalled from the office of City Council? Yes No
In the event the recall on Council Member Allen Payton is successful, one of the following candidates
shall serve in his place. Vote for not more than one.
Candidates name
Write in
Shall Elizabeth Rimbault be recalled from the office of City Council? Yes No
In the event the recall on Council Member Elizabeth Rimbault is successful, one of the following
candidates shall serve in her place. Vote for not more than one.
Candidates name
Write in "
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to file a certified copy
of the Resolution with the Board of Supervisors.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City
Council of the City of Antioch at a regular meeting thereof, held on the 28th day of November, 1995,
by the following vote:
AYES: Council Members Rimbault, Payton and Mayor Herendeen
NOES: Council Member Hernandez
ABSENT: Council Member Rocha
CITY CLERK OF THE CM OF ANTIOCH
T.
RESOLUTION NO. 95/203 DEC 0 1 j195
BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
REQUESTING THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
TO CONSOLIDATE THE SPECIAL RECALL ELECTION OF SAID CITY TO BE HELD
MARCH 26, 1996 WITH THE ELECTION TO BE HELD ON THE SAME DAY
WHEREAS, the City Council has commenced proceedings for the calling of a special recall
election in the City to be held March 26, 1996; and
WHEREAS, it is desirable that said special recall election be consolidated with the March 26,
1996 election, and that within the City, the precincts, polling places, and election officers for the two
elections be the same, and that the Board of Supervisors canvass the returns of the City special recall
election and said City special recall election be held in all respects as if there were only one election;
NOW, THEREFORE, BE IT RESOLVED by the Antioch City Council as follows;
1. That the Board of Supervisors of Contra Costa County be and it is hereby requested
to consolidate the special recall election to be held in said City on March 26, 1996 with the election
to be held on said date.
2. That the exact form of the election to be voted upon at said special recall election as
the same shall appear on the ballot is as follows:
"Shall Allen Payton be recalled from the office of City Council? Yes No
In the event the recall on Council Member Allen Payton is successful, one of the following candidates
shall serve in his place. Vote for not more than one.
Candidates name
Write in
Shall Elizabeth Rimbault be recalled from the office of City Council? Yes No
In the event the recall on Council Member Elizabeth Rimbault is successful, one of the following
r candidates shall serve in her place. Vote for not more than one.
Candidates name
Write in of
3. The said Board of Supervisors is hereby authorized to canvass the returns of said City
special recall election, and that said special recall election and said election be held in all respects as
if there were only one election, and only one form of ballot shall be used.
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4. That said Board of Supervisors is hereby requested to issue all officers of said County
charged with duties pertaining to the March 26, 1996 election instructions to take any and all steps
necessary for the holding of such consolidated election.
5. That the City Clerk is hereby directed to file a certified copy of this resolution with
the Board of Supervisors.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City
Council of the City of Antioch at a regular meeting thereof held on the 28th day of November, 1995,
by the following vote:
AYES: Council Members Rimbault, Payton and Mayor Herendeen
NOES: Council Member Hernandez
ABSENT: Council Member Rocha
CITY CLERK OF THE CITY OF ANTIOCH
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X95
CONTRA COSTA CO.
November 28, 1995 -
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, CA 94553
Dear Members of the Board:
On October 17, 1995 the Walnut Creek City Council adopted Resolution No. 95-62 placing a
measure on,the March 26, 1995 ballot to obtain voter approval to increase the City's transient
occupancy tax. On November 21, 1995 the Council adopted Resolution No. 95-70 amending the
wording of the measure. Certified copies of Resolution Nos. 95-62 and 95-70 are enclosed, and
the Board is requested to permit the County Clerk to provide election services.
Yours truly,
/ I
QJt�G-A.i.acJ� .
Barbara M. Rivara, CMC
City Clerk
Encl.
cc: Barbara Lee, Assistant Registrar of Voters
P.O. Box 8039 O 1666 North Main Street O Walnut Creek, California 94596 O (510) 943-5800
Printed on Recycled Paper
} RECEIVED
RESOLUTION NO. 95-62
DEC 1 1995
A RESOLUTION CALLING A MUNICIPAL ELECTIONLERK BOARD OF SUPFRVISOR`
CONTRA COSTA CC
WALNUT CREEK ON MARCH 26, 1996,AND REQUEST
VOTERS TO AUTHORIZE THE CITY COUNCIL TO INCREASE
THE TRANSIENT OCCUPANCY TAX TO A MAXIMUM OF 12%
The City Council of the City of Walnut Creek does resolve as follows:
Section 1. Calling of a Municipal Election.
Pursuant to Government Code §53724, a municipal election is hereby called for March
26, 1996, which shall be consolidated with the statewide primary election.
Section 2. General Tax Increase.
Pursuant to Government Code §53723, the voters at the municipal election shall;be
asked to approve increasing the existing 8.5%transient occupancy tax to a maximum of 12%.
The existing transient occupancy tax(commonly known as the hotel-motel tax)is
imposed at the rate of 8.5% of the hotel room rent. The hotel occupant is liable for the tax
which is paid to the operator of the hotel. The tax receipts.are collected quarterly by the City
from the operator. The voters are being asked to increase the maximum rate to 12%.
Section 3. Prosed to the Voters.
Pursuant to Government Code §53724(b), the City Council hereby submits the
ordinance entitled "City of Walnut Creek Ordinance Increasing the Transient Occupancy Tax
(Hotel-Motel Tax)" to the voters of Walnut Creek at the municipal election to be held on
March 26, 1996. The text of this proposed ordinance is fully set forth in Exhibit 1 attached
hereto and incorporated herein by this reference.
Section 4. Form of the Question.
The question to be used for voting on this measure shall contain the following
statement and question:
"Shall the ordinance increasing the Transient Occupancy Tax
(Hotel-Motel Tax)to a maximum of 12%be approved?"
Section 5. Consolidation of Election.
Pursuant to Government Code §53724(c) and Elections Code §10403, the Board.,of
Supervisors is requested to;.consolidate the municipal election called by this resolution with the
statewide election held on-the same date.
cton 6. Services of County Clerk Requested.
6
Pursuant to Elections Code §10002 the Contra Costa County Board of Supervisors is
requested to permit the County Clerk to render specified services to the City of Walnut Creek.
Those services shall be those requested by the City Clerk, which shall include, but not
be limited to:
a. Consolidation of precincts
b. Recruitment of election officers
c. Recruitment of polling places
d. Appointment of election officers and polling places
e. Printing and mailing of sample ballots
f. Data processing services
g. Canvass of returns
The City shall reimburse the County for services performed. The City Clerk is hereby directed
to forward a certified copy of this resolution to the Board of Supervisors and to the County
Clerk.
Section 8. Cijy Clerk
The City Clerk is hereby authorized and directed to do all things necessary and proper
to implement this resolution and conduct the election called by this resolution.
Section 9. Proposition 62.
This is a resolution proposing the imposition of a general tax within the meaning of
Government Code §53720 et seq. (Proposition 62), and therefore this resolution shall not take
effect unless approved by four votes of the City Council.
PASSED AND ADOPTED BY THE City Council of the City of Walnut Creek at a
regular meeting thereof held on the 17th day of October 1995, by the following called vote:
AYES: Councilmembers: Regalia, Hicks, Wolfe, Beagley
NOES: Councilmembers: Mayor Dimmick
ABSENT: Councilmembers: None
/s/ Ed Dimmick
Mayor of the City of Walnut Creek
ATTEST:
/s/ Barbara M. Rivara
City Clerk of the City of Walnut Creek
I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and
-adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of
California, at a regular meeting of said Council held on the 17th day of October 1995.
W A t IV& E.
City Clerk of the City of Wali C >€
19141
ORDINANCE NO_
A CITY OF WALNUT CREEK ORDINANCE INCREASING THE
TRANSIENT OCCUPANCY TAX(HOTEL-MOTEL TAX)
The People of the City of Walnut Creek do ordain as follows:
Section L Section 8-3.03 of the Municipal Code is hereby amended to read as
follows:
Sec 8-3.03 Hotel-Motel Tax Imposed
For the privilege of occupancy in any hotel. each transient shall
be subject to and shall pay a tax which shall be calculated as a per-
centage of the rent charged by the operator. From the date of
November 1. 1984 to and including June 30, 1996. the tax shall be
eight and one-half(8.5)percent of the rent charged by the operator.
From the dated of July 1. 1996, the tax shall be ten(10)percent of the
rent charged by the operator. The City Council without further voter
approval may increase the tax to a maximum of twelve(12)percent.
Such tax shall constitute a debt owed by the transient to the City,
which debt shall be extinguished only by payment to the operator or
to the City. The transient shall yy the tax to the operator of the
hotel at the time the rent is If the rent is yaid in installments,
a proportionate share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's ceasing to occupy
space in the hotel. If for any reason the tax due is not laid to the
operator of the hotel. the Director of Finance may require that such
tax shall be paid directly to the Director of Finance.
RESOLUTION NO. 95-70 .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WALNUT
CREEK REVISING THE WORDING OF THE TRANSIENT OCCUPANCY
TAX BALLOT MEASURE
WHEREAS, at the City Council meeting of October 17, 1995, the City Council adopted
Resolution No. 95-62 by a 4/5 vote placing a measure to increase the transient occupancy tax on
the March 26, 1996 ballot; and .
WHEREAS, Section 4 of Resolution No. 95-62 specified the form of the question to be
placed on the ballot; and
ti:. tc' :rrr•rr ..
,WHEREAS, the City Council directed staff to draft proposed revisions to the form of
`fi uesfion for b the Council on the consent calendar at a subsequent meeting;
..���.q a. y q g;
NOW; THEREFORE, the City Council of the City of Walnut Creek does resolve as
t,Theorm of the question to be placed on the March 26, 1996 ballot relating to an
increase'ifi`the transient occupancy tax specified in Section 4 of Resolution No. 95-62 shall be
replaced with the following:
"Shall the ordinance increasing the Transient Occupancy Tax (Hotel-Motel
Tax) from the existing 8.5%to 10% and capping any future increases at 12%
be approved?"
PASSED AND ADOPTED BY THE City Council of the City of Walnut Creek at an
adjourned regular meeting thereof held on the 21st day of November 1995, by the following
called vote:
AYES: Councilmembers: Beagley, Dimmick, Wolfe, Hicks, Mayor Regalia
NOES: Councilmembers: None
ABSENT: Councilmembers: None
/s/ Gwen Regalia
Mayor of the City of Walnut Creek
ATTEST:
/s/Barbara M. Rivara, CMC
City Clerk of the City of Walnut Creek
I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and
adopted by the City Council of the City of Walnut Creek, County of Contra Costa, State of
California, at an adjourned regular meeting of said Council held on the 21st day of November
1995.
,��atia ►un►ia�r
City Clerk of the City of Wal*ut Cr i'1 21,
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ANT
.w: 94509
-=CITY HALL THIRD AND H PO 130
• , . a 19g 101 1,3Q ,,q l�
(510)779-7069
DEPARTMENT OF THE CITY CLERK srEu 3t FAX(510)779-7002
FNovemb e r a2 9,nc1995 cYr, c rc�tv ,r yLERK TDD(510)757-5946
RECEIVED
Clerk, Board of Supervisors DEC 0 11995
Contra Costa County
P O Box 911
Martinez CA 94553 BY:
Gentlemen:
Enclosed is a certified copy of our Resolution No. 95/202 Calling
an Election, to Authorize a Special Recall Election and
Consolidating with the March 26, 1996 Election and Resolution No.
95/203 Requesting the Board of Supervisors to Consolidate our
Special Recall Election with the March 26, 1996 Election.
We appreciate your consideration of our request.
Sincerely,
FLORENCE V. . RUNDALL, CMC
City Clerk
R/j c
Enc.
cc: Steve Weir, County Clerk
Barbara Lee, Elections Dept.
William R. Galstan, City AttorneR EI
VED
DEC 6 PQ5
CLERK BOARD OF o,,IPERVI - '"
CONTRA(-
'"'
RESOLUTION NO. 95/202
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
CALLING AN ELECTION TO AUTHORIZE A SPECIAL RECALL ELECTION
AND CONSOLIDATING WITH THE MARCH 26, 1996 ELECTION
WHEREAS, The City Council received the Certificates of Sufficiency for recall of Council
Member Payton and Council Member Rimbault on November 14, 1995;
WHEREAS, Pursuant to Elections Code §11240, the Council is to call an election within
14 days of receiving the Certificates of Sufficiency.
NOW,THEREFORE,BE IT RESOLVED that the City Council hereby calls an election for
the purpose holding a special recall election.
BE IT FURTHER RESOLVED that the specific wording on the ballot shall be as follows:
"Shall Allen Payton be recalled from the office of City Council? Yes No
In the event the recall on Council Member Allen Payton is successful, one of the following candidates
shall serve in his place. Vote for not more than one.
Candidates name
Write in
Shall Elizabeth Rimbault be recalled from the office of City Council? Yes No
In the event the recall on Council Member Elizabeth Rimbault is successful, one of the following
candidates shall serve in her place. Vote for not more than one.
Candidates name
Write in "
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to file a certified copy
of the Resolution with the Board of Supervisors.
r 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 28th day of November, 1995,
by the following vote:
AYES: Council Members Rimbault, Payton and Mayor Herendeen
NOES: Council Member Hernandez
ABSENT: Council Member Rocha
CITY CLERK OF THE CITY OF ANTIOCH
RESOLUTION NO. 95/203
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
REQUESTING THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
TO CONSOLIDATE THE SPECIAL RECALL ELECTION OF SAID CITY TO BE HELD
MARCH 26, 1996 WITH THE ELECTION TO BE HELD ON THE SAME DAY
WHEREAS, the City Council has commenced proceedings for the calling of a special recall
election in the City to be held March 26, 1996; and
WHEREAS,it is desirable that said special recall election be consolidated with the March 26,
1996 election, and that within the City, the precincts, polling places, and election officers for the two
elections be the same, and that the Board of Supervisors canvass the returns of the City special recall
election and said City special recall election be held in all respects as if there were only one election;
NOW, THEREFORE, BE IT RESOLVED by the Antioch City Council as follows;
1. That the Board of Supervisors of Contra Costa County be and it is hereby requested
to consolidate the special recall election to be held in said City on March 26, 1996 with the election
to be held on said date.
2. That the exact form of the election to be voted upon at said special recall election as
the same shall appear on the ballot is as follows:
"Shall Allen Payton be recalled from the office of City Council? Yes No
In the event the recall on Council Member Allen Payton is successful, one of the following candidates
shall serve in his place. Vote for not more than one.
Candidates name
Write in
Shall Elizabeth Rimbault be recalled from the office of City Council? Yes No
In the event the recall on Council Member Elizabeth Rimbault is successful, one of the following
candidates shall serve in her place. Vote for not more than one.
Candidates name
Write in to
3. The said Board of Supervisors is hereby authorized to canvass the returns of said City
special recall election, and that said special recall election and said election be held in all respects as
if there were only one election, and only one form of ballot shall be used.
4. That said Board of Supervisors is hereby requested to issue all officers of said County
charged with duties pertaining to the March 26, 1996 election instructions to take any and all steps
necessary for the holding of such consolidated election.
5. That the City Clerk is hereby directed to file a certified copy of this resolution with
the Board of Supervisors.
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City
Council of the City of Antioch at a regular meeting thereof; held on the 28th day of November, 1995,
by the following vote:
AYES: Council Members Rimbault, Payton and Mayor Herendeen
NOES: Council Member Hernandez
ABSENT: Council Member Rocha
CITY CLERK OF THE CITY OF ANTIOCH
f