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HomeMy WebLinkAboutMINUTES - 01101995 - 1.87 1 .87 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 10, 1995, by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None -=---------------------------------------------------------------------------- ------------------------------------------------------------------------------ SUBJECT: Consolidation of March 7, 1995 Election The Board received a letter, accompanied by the appropriate resolution and ordinance, from the City of Lafayette requesting the Board to order consolidation of a special election in the City of Lafayette with the election on March 7, 1995. The Board also received Resolution 94-13 from Kensington Community Services District calling a special election for the purpose of submitting to qualified electors of the District the question of confirming an ordinance amending the special tax for police protection; fixing March 7, 1995 as the date of said election; and requesting the County Clerk to consolidate the election with any other election on March 7, 1995. The Board also received Resolution 94-14 from Kensington Community Services District calling an advisory election for the purposes of submitting to the qualified electors of the District the question of purchasing certain property from the West Contra Costa Unified School District, fixing March 7, 1995 as the date of said election; and requesting the County Clerk to consolidate the election with any other election on March 7, 1995. IT IS BY THE BOARD ORDERED that the requests of the City of Lafayette and the Kensington Community Services District are APPROVED, and the County Clerk is REQUESTED to consolidate the aforesaid elections. 1 hereby certify that this is a true and correct copy of an action taken and entorod on tho minutes of the Board of supervi, rs on the date shown. ATTESTED: adu" PHIL BATC7 ELOR,CI of the Board a Superviso a and Cou�fr AdministrstOr By.....� Deputy cc: County Clerk - Elections CITY COUNCIL ? Anne Grodin,Mayor RE CEWE® Gayle B.Ullkema,Vice Mayor LAFAYETTE Judy SamsoGarvens Ivor Samson scmm s�e_wcoarourzo sss - DECDonald L.Tatzin - 91994 CLERK BOARD OF CONTRA COS SUPERVISORS December 9, 1994 Ms. Jeanne Maglio Clerk of the Board 651 Pine Street Martinez, CA 94553 Dear Jeanne: Enclosed please find a resolution adopted by the Lafayette City Council on November 28, 1994 requesting the Board of Supervisors order consolidation of a special election in the City of Lafayette with the general election on March 7, 1995. Also, our attorney has indicated that for this type of ballot measure an ordinance is required, and it, too, is enclosed. Please call me at 284-1968 if you have any questions. Sincerely, A,& an M J aitis City Cler cc: Bob Delevati POST OFFICE BOX 1968 3675 MT.DIABLO BLVD.,SUITE 210,LAFAYETTE,CA 94549-1968 TELEPHONE: (510)284-1968 FAX: (510)284-3169 � X, BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE In the Matter of: Calling A Special Municipal Election to submit to the ) Qualified Voters of the City the Question Of Incurring A ) ORDINANCE NO. 438 Bonded Indebtedness For The Acquisition, Construction ) And Completion Of Municipal Improvements; to be ) Consolidated With The General Election To Be Held In ) Contra Costa County On Tuesday, March 7, 1995; And ) Providing For Notice Thereof. ) WHEREAS, the City Council (the "City Council.") of the City of Lafayette (the "City"), by resolution duly passed and adopted at a meeting of the City Council duly and regularly held, by affirmative vote of more than two-thirds of all its members, did determine that the public interest and necessity demand the acquisition, construction and completion of the municipal improvements hereinafter mentioned, and did further determine that the cost of said municipal improvements will be too great to be paid out of the ordinary annual income and revenue of said municipality and that said municipal improvement will require an expenditure greater than the income and revenue provided for in any one year, and will require the incurring of a bonded indebtedness therefor, which resolution was duly entered on the minutes of said meeting of the City Council, and is now on file and of record in the office of the City Clerk of the City; and WHEREAS, the City Council now desires to submit to the qualified voters of the City a proposition for incurring bonded indebtedness for the purpose of financing said municipal improvements; The City Council of the City of Lafayette DOES ORDAIN as follows: SECTION 1. A special municipal bond election shall be and is hereby ordered and will be held in the City on Tuesday, March 7, 1995, at which election shall be submitted to the qualified electors of the City the question of incurring a bonded indebtedness of the City for the object and purpose set forth in the following measure, to wit: Shall the City of Lafayette incur bonded indebtedness not to exceed $13,000,000 with no bonds maturing beyond the year 2025 for the purpose of repairing and reconstructing the City's roads and drains, provided that, at the time any bond is issued, the highest tax rate required to service all bonds authorized by this measure shall not exceed $21 per $100,000 in assessed value? SECTION 2. As required by Section 43610 of the Government Code of the State of California, it is hereby recited that: Ord. 438 9F2-38234.1 Page -1- (a) The object and purpose of incurring the indebtedness is to finance the cost of acquisition, construction and/or completion of the following municipal improvements, to wit: repair and reconstruction of the City's roads and storm drains. (b) The estimated cost of said municipal improvements is the sum of $13,000,000. (c) The amount of the principal of the indebtedness now proposed to be incurred for said municipal improvements is the sum of $13,000,000. (d) The rate of interest (fixed or variable) on the indebtedness shall not exceed 12% per annum. (e) The date of said election shall be Tuesday, March 7, 1995. (f) Said election shall be consolidated with the general election to be held on the same date in the County of Contra Costa (the "County"), by order of the Board of Supervisors of the County, pursuant to a resolution and request of this City Council, and shall be conducted by the County Clerk in accordance with the Elections Code of the State of California. The procedure for voting for and against the measure shall be as set forth in the election materials prepared by the County Clerk, in accordance with the Elections Code. The measure shall be approved by the affirmative vote of at least two-thirds of the qualified electors voting on said measure. SECTION 3. The estimated cost hereinabove stated of said municipal improvements includes legal and all other fees incidental to or connected with the authorization, issuance and sale of the bonds evidencing the indebtedness proposed to be incurred for said municipal improvement and the costs of printing said bonds and all other costs and expenses incidental to or connected with the authorization, issuance and sale of said bonds. SECTION 4. The precincts, polling places and officers of election shall be the same as those set forth in the notice to be published by the County Clerk, pursuant to Sections 1642 and 23312 of the Elections Code of the State of California. SECTION 5. This ordinance, being an ordinance calling and ordering an election, shall take effect from and after its final passage and approval. SECTION 6. The City Clerk of the City is hereby directed, upon the passage and adoption of this ordinance, to cause the same to be published either (a) once a day for at least seven (7) days in a newspaper published at least six (6) days a week in the City, or (b) once a week for two (2) weeks in a newspaper published less than six (6) days a week in the City, and to publish a synopsis of the measure set forth in Section 1 hereof one time in a newspaper of general circulation in the City. No other.notice of the election hereby called need be given. Ord. 438 SF2.38234.1 Page -2- t The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Lafayette held on November 28, 1994, and adopted and ordered published at an adjourned regular meeting of the Council held on December 5, 1994, by the following vote: Aye; Councilmembers Garvens, Grodin, Samson & Mayor Uilkema NOES: None ABSENT; Councilmember Tatzin ABSTAIN: None Oa�yor � ATTEST: S9san Jusait' , ity Clerk C RTIFIE AS A UE COPY ` "CLERK OF CITY OF CAUFORNIA Ord. 438 sae-38234.1 Page -3- BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE In the Matter of: Requesting the Board of Supervisors of the ) County of Contra Costa to Order ) RESOLUTION NO. 74-94. Consolidation of a Special Election in the ) City with the General Election to be ) Conducted on March 7, 1995 ) WHEREAS, the City Council of the City of Lafayette (the "City") has commenced proceedings to submit to the qualified electors of the City at a special election to be held on March 7, 1995, the question of whether bonds of the City shall be issued and sold for the purposes of making certain municipal improvements; and WHEREAS, the City Council desires that this special municipal election be consolidated with the general election to be held in the County of Contra Costa on the same date and that the precincts, polling places, and election officers for all of the elections be the same within the City, and that the Board of Supervisors of the County of Contra Costa canvass the returns of the Election in all respects as if there were only one election; NOW, THEREFORE, BE IT RESOLVED THAT: 1. All of the recitals herein contained are true and correct and this City Council so finds. 2. The Board of Supervisors of the County of Contra Costa (the "County") is hereby requested to order the consolidation of the special election in the City of Lafayette to be held on March 7, 1995, with any other election to be held on the same regular election date, pursuant to Part 2.5 of Division 14 of the Elections Code of the State of California. 3. The Board of Supervisors of the County is hereby requested direct the County Clerk to hold and conduct the consolidated election in accordance with the provisions of the Elections Code of the State of California, and pursuant to Section 22003 of said Code, the Board of Supervisors of the County is hereby requested to permit the County Clerk to render all services relating to the election specified by the Elections Code to be performed by the official conducting the election, including appointing precinct boards and designating polling places, fixing dates for submission of ballot arguments, printing and mailing sample ballots and other election materials to registered voters, canvassing the election and certifying the statement of election .results, and all other proceedings incidental to and connected with the election, including the publication of a tax rate statement containing the information required in Section 5301 of the Elections Code, and the execution of such certificates and affidavits as may be requested by the City to evidence the performance or completion of said services. 4. The'City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County for the rendering of the SF2-38254.1 services of the County Clerk described in Section 3 hereof, and the City Manager is hereby authorized and directed to pay such expenses after receiving a statement from the County. 5. The City Clerk is hereby authorized and directed to file with the Board of Supervisors and the County Clerk of the County certified copies of this resolution not later than December 9, 1994, which date is 88 days prior to the date of the election. 6. This resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED by the City Council of the City of Lafayette at a meeting held on November 28 , 1994, by the following vote, to wit: AYES: Councilmembers Garvens, Grodin, Samson, Tatzin & Mayor Uilkema NOES: None ABSENT: None ABSTAIN: None Mayo ATTEST: c Susan M. us tis, City Clerk i r;a F • RTI ELS TRUE COPY s f CLERK,OFCITY 0 ETTF,CALIFORNIA SF2-38254.1 -2 '3 RECEIVE® RESOLUTION NO. 94-13 1994 DEC - 9 KENSINGTON COMMUNITY SERVICES DISTRICT CLERK BOARD OF SUPERVISORS RESOLUTION OF THE BOARD OF DIRECTORS CONTRA COSTA CO. OF THE KENSINGTON COMMUNITY SERVICES DISTRICT CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO QUALIFIED ELECTORS OF THE DISTRICT THE QUESTION OF CONFIRMING AN ORDINANCE AMENDING THE SPECIAL TAX FOR POLICE .PROTECTION; FIXING THE DATE OF SAID ELECTION; AND PROVIDING FOR THE CONSOLIDATION OF SAID ELECTION WHEREAS, the Board of Directors (the "Board") of the Kensington Community Services District (the "District") has determined that an ordinance should be adopted amending Ordinance No. 80-01, as amended, which imposed a special tax for police protection and, pursuant to Government Code Section 53978, was previously approved by the voters of the District at an election held in April 1980, and thereafter amended by the voters at elections held in April 1984 and November 1993 ; and WHEREAS, the Board wishes that the question of approval of said ordinance should be submitted to the qualified electors of the District at the earliest practicable date; and WHEREAS, the next regular election-will- be held on March 7, 1995. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT as follows: Section 1. An election (the "election") is hereby ordered and called and will be held in the District on Tuesday, March 7, 1995, at which election the following issue shall be submitted to all persons possessing all requirements of electors under the general election laws of the State of California who are duly qualified electors residing within the District: "In order to restore two police officer positions, shall Kensington Community Services District Ordinance 94-01, increasing the maximum amounts within which the District's Board of Directors may determine annually the special tax for police protection to be imposed on property within the District to the amounts shown below, be confirmed: Property Category Maximum Annual Tax Single Family Residential $300 Multiple Unit Residential $450 Commercial and Institutional $450 Miscellaneous Improved Property $300 Unimproved Property $ 90" 204472.1 Section 2 . The County Clerk of Contra Costa,County is hereby requested and authorized to order the consolidation of the election called by this Resolution with the statewide municipal election to be held March 7, 1995 and further to provide that within the territory affected by said order of consolidation the election precincts, polling places and voting booths shall in every case be the same and that there shall be only one set of election officers in each of said precincts. Section 3. The measure for the confirmation of the amendment to the special tax, in the form hereinabove set forth, shall be set forth in each form of ballot used in said election insofar as the same is held within the territory affected by said order of consolidation. Said County Clerk is authorized and requested (i) to publish a notice relative to arguments for and against said measure, to receive and select such arguments, to call for rebuttal arguments and to receive rebuttal arguments, to the extent required by law; (ii) to set forth on all sample ballots relating to said election to be mailed to the qualified electors within the District said measure as hereinabove determined and to mail with said sample ballots to said electors printed copies of arguments (if any) for and against said measure; and (iii) to provide absent voter ballots for said election for use by qualified electors who are entitled thereto in the manner provided by law. Section 4 . Said County Clerk is hereby further authorized and requested to canvass or. cause to be canvassed, as provided by law, the returns of said election with respect to votes cast on said measure and to certify such canvass of the votes cast for and against said measure to the Board. Section 5. Said County Clerk is hereby further authorized and requested to regulate and carry out all proceedings incidental to and connected with the election in accordance with the provisions of law regulating the election. Section 6 . An impartial analysis of the measure as provided for in Section 3781 of the California Elections Code shall be prepared by the District's Attorney. Section 7 . The Secretary of the Board is hereby authorized and directed to certify to the due adoption of this Resolution and to transmit a copy hereof so certified to the County Clerk of the County. 204472.1 -2- PASSED AND ADOPTED at a meeting of the Board of Directors held on the 6th day of December 1994, by the following vote: AYES: j � NOES: �µ- 7 ABSENT: ATTEST: X64' J- 46 Secr airy/ 204472.1 -3- FRECg RESOLUTION NO. 94-14 DEC - KENSINGTON COMMUNITY SERVICES DISTRIC CLERK BOARD O RESOLUTION OF THE BOARD OF DIRECTORS CONTi;A C OF THE KENSINGTON COMMUNITY SERVICES DISTRICT CALLING AN ADVISORY ELECTION FOR THE PURPOSES OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE DISTRICT THE QUESTION OF PURCHASING CERTAIN PROPERTY FROM THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT; FIXING THE DATE OF SAID ELECTION; AND PROVIDING FOR THE CONSOLIDATION OF SAID ELECTION WHEREAS, the Kensington Community Services District (the "District") has entered into a contract for the purchase of approximately eight acres of property now owned by the West Contra Costa Unified School District (the "School District") , approximately five of which are currently occupied and used by the District pursuant to a lease from the School District; and WHEREAS, the property subject to the contract consists of two parcels: Parcel A, consisting of approximately six acres; and Parcel B, consisting of approximately two acres; and WHEREAS, the contract specifies that the price of Parcel B is $695, 000; and WHEREAS, the District's obligation to purchase Parcel B is conditioned on the issuance and sale of special assessment district bonds in an amount sufficient to pay the purchase price, on or before December 15, 1995; and WHEREAS, the District is obligated under the contract to use due diligence and its best efforts to submit to voters at the March 7 , 1995 election an advisory measure on the acquisition of Parcel B; and WHEREAS, the Board of Directors therefore wishes to allow the voters within the District an opportunity to express their opinion on the question of acquiring Parcel B and issuing assessment bonds to finance its purchase; and WHEREAS, California Elections Code 5353 provides that special districts may hold advisory elections in consolidation with any regular or special election for the purpose of allowing voters to voice their opinion on substantive issues or to indicate to the legislative body their approval or disapproval of ballot propositions. 204518.1 C NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT as follows: Section 1. An advisory election (the "election") is hereby ordered and called and will be held in the District on Tuesday, March 7, 1995, at which election the following issue shall be submitted to all persons possessing all requirements of electors under the general election laws of the State of California who are duly qualified electors residing within the District: "To complete the 8. 05 acre Kensington Park, should the KCSD purchase from the WCCUSD a two-acre parcel (historically leased as part of Kensington Park) in addition to the six-acre parcel which the District has contracted to purchase through a special assessment? This remaining parcel is located between Windsor and Arlington Avenues, south of the library and west of the tennis courts. The $695, 000 purchase price would be financed through special assessment bonds. " Section 2 . The County Clerk of Contra Costa County is hereby requested and authorized to order the consolidation of the election called by this Resolution with the statewide municipal election to be held March 7, 1995 and further to provide that within the territory affected by said order of consolidation the election precincts, polling places and voting booths shall in every case be the same and that there shall be only one set of election officers in each of said precincts. Section 3 . The question set forth in Section 1 above shall be set forth in each form of ballot used in said election insofar as the same is held within the territory affected by said order of consolidation. Said County Clerk is authorized and requested (i) to publish a notice relative to arguments for and against said measure, if such arguments are authorized by law in advisory elections, to receive and select such arguments, to call for rebuttal arguments and to receive rebuttal arguments, to the .extent required by law; (ii) to set forth on all sample ballots relating to said election to be mailed to the qualified electors within the District said measure as hereinabove determined and to mail with said sample ballots to said electors printed copies of arguments (if any) for and against said measure; and (iii) to provide absent voter ballots for said election for use by qualified electors who are entitled thereto in the manner provided by law. Section 4 . Said County Clerk is hereby further authorized and requested to canvass or cause to be canvassed, as provided by law, the returns of said election with respect to votes cast on said measure and to certify such canvass of the votes cast for and against said measure to the Board. 204518.1 -2- Section S. Said County Clerk is hereby further authorized and requested to regulate and carry out all proceedings incidental to and connected with the election in accordance with the provisions of law regulating the election. Section 6. The Secretary of the Board is hereby authorized and directed to certify to the due adoption of this Resolution and to transmit a copy hereof so certified to the County Clerk of the . County. PASSED AND ADOPTED at a meeting of the Board of Directors held on the 6th day of December 1994, by the following vote: AYES: NOES: / ABSENT: �. ATTEST: Secr a ,y 204518.1 -3- RECEIVE® RESOLUTION NO. 94-15 DEC - 9 1994 KENSINGTON COMMUNITY SERVICES DISTRICT CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. _ RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT REQUESTING THE COUNTY CLERK TO RENDER SPECIFIC ELECTION SERVICES IN CONNECTION WITH A SPECIAL ELECTION, AND AN ADVISORY ELECTION, TO BE HELD WITHIN THE DISTRICT ON TUESDAY, MARCH 7, 1995 WHEREAS, the Board of Directors of the Kensington Community Services District has called for a special election to be held within the District on Tuesday, March 7, 1995, by their Resolution No. 94-13 , as well as an advisory election to be held on the same date, by their Resolution No. 94-14. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT that the Board of Supervisors of the County of Contra Costa is hereby requested to permit the County Clerk of Contra Costa County to render specified election services pursuant to Elections Code Section 22003 , such services to include: • Securing translations of election materials and notices; • Publication of notices required by law; • Selection of arguments on the ballot measure; • Consolidation of precincts; • Furnishing of precinct indexes; • Preparation of polling place notice; • Preparation and printing of ballot copy and arguments; • Mailing of sample and official ballot, polling place verification and other election material; • Furnishing of polling places and appointment of election officers; • Furnishing of voting supplies; • Furnishing of precinct supplies and training of precinct workers; • Processing of absentee ballots; 204535.1 • Canvass of election and certification to the District on the results of the canvass. BE IT FURTHER RESOLVED that this Board shall, and does hereby, accept the terms and conditions of the performance of said election services and agrees to pay its proportionate share of all costs in connection with the conduct of this election. PASSED AND ADOPTED this 6th day of December, 1994, by the following vote: AYES: �7 ABSENT: ATTEST: j Secret y 204535.1 -2- . . .l- 517 RECEIVE® ORDINANCE NO. 94-01 DEC - 91994 AN ORDINANCE AMENDING ORDINANCE NO. 80-01, WHICH IMPOSES A SPECIAL TAX FOR POLICE PROTECT K BOARD OF SUPERVISORS AND PROPOSING THE AMENDMENTS FOR ADOPTION CONTRA COSTA CO. KENSINGTON COMMUNITY SERVICES DISTRICT WHEREAS, in April 1980, the voters approved Ordinance No. 80-01 imposing a special tax for police protection; and WHEREAS, in April 1984, the voters approved Ordinance No. 84-01, which amended Ordinance No. 80-01 by increasing the maximum amount of the special tax and authorizing the Board of Directors of the District to impose a tax up to the specified maximum limits and to modify the tax from time to time, within such limits as the District's financial condition requires; and WHEREAS, in November 1993, the voters approved Ordinance No. 93-03, which amended Ordinance No. 80-01 by further increasing the maximum amount of the special tax which the Board of Directors is authorized to impose; and WHEREAS, in order to restore the District's police force to a complement of 10 officers by hiring two new officers, additional revenues will be needed; and WHEREAS, the Board of Directors believes it would be in the best interest of the residents of the District to augment its police force and wishes to propose to the voters an increase in the special tax sufficient to cover the cost of ...two new police officers; and WHEREAS, the Board of Directors remains committed to imposing a tax rate no higher than that necessary to provide sufficient funds for continued police protection services. If in any year additional sources of revenue not now anticipated become available to the District, or if revenues from existing sources exceed the amounts now anticipated, or if expenditures are able to be reduced, consistent with adequate police protection, then it is the policy and intention of the Board to set the amount of special tax at rates below the authorized maximum; and WHEREAS, it is also the policy and intention of this Board to maintain the amounts of tax applicable to various classes of property at levels which are fair and equitable, taking into account the costs of providing police protection and the benefits of such protection to such properties. 204484.1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE KENSINGTON COMMUNITY SERVICES DISTRICT as follows: Section 1. Amendment to Ordinance No. 80-01 Subsection 2 of Ordinance No. 80-01, as amended by ordinances No. 84-01, No. 93-03 and No. 93-05, is hereby further amended to read in full as follows: "Section 2 . Determination of Amount of Tax A special tax for police protection only is hereby determined in the following maximum amounts upon property within the District: Class of Improvements or Use Maximum Amount of Tax Single Family Residential $300. 00 per year Multiple Unit Residential $450. 00 per year Commercial and Institutional $450. 00 per year Miscellaneous Improved Property $300. 00 per year Unimproved Property $ 90. 00 per year" Section 2 . Ratification of Special Tax Except as provided above, all provisions of Ordinance No. 80- 01, as amended, remain unchanged. If the voters do not approve the change to -Section 2 made by this Ordinance, then the special tax adopted by Ordinance No. 80-01, as amended by Ordinances No. 84-01, No. 93-03 and No. 93-05, will remain in full force and effect and the District's Board of Directors remains authorized to establish the tax rate up to the maximum levels allowed in Ordinance No. 93- 03 . Section 3. Effective Date This Ordinance shall take effect immediately upon its approval by the voters of the District in the manner provided by law. If so approved, the amounts of tax may. be changed from those previously established by the Board pursuant to Ordinance No. 80-01, as amended, commencing with the tax year beginning on July 1, 1995. PASSED AND ADOPTED at a meeting of the Board of Directors held on the 6th day of December 1994, by the following vote: AYES: NOES: ABSENT: ATTEST: ( ' Secre air 204484.1 -2-