HomeMy WebLinkAboutMINUTES - 01082008 - C.138 r
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TO: BOARD OF SUPERVISORS '�"� �--�'=° P
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FROM: Stephen L. Weir, County Clerk-Recorder Nr- 's Costa
DATE: January 8, 2008 County
SUBJECT: Approve Consolidation Requests for the February 5, 2008 Presidential Primary Election
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve the consolidation requests as on file in the Contra Costa Elections Department from the following jurisdictions for
the February 5, 2008 Presidential Primary Election.
City of Pinole— Recall 2 Councilmembers— 1 Vacant Seat
City of EI Cerrito— 1 Measure
City of Richmond — 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 requests would allow the County Elections Division to conduct the election for the above mentioned jurisdictions.
CONSEQUENCES OF NEGATIVE ACTION:
Not approving this request would require the above jurisdictions to conduct their own election and could slightly increase costs to
those jurisdictions for separate elections.
CONTINUED ON ATTACHMENT: ❑ Yes SIGNATURE:
Cand opez, Agsistpj Registrar
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOAR OMMITTEE
PROVE OTHER
SIGNATURE(S):
ACTION ON BOA ON UrY � Gc APPROVED AS RECOMMENDED 01HER
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:
JOHN CULLEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADMINISTRATOR
�
cc: Elections Office DEPUTY
\\Cccsgl10\shared documents\ELECTION0008\020508kBoard of Supervisors\BoardOrder_ConsolidationRequest082807.doc
RESOLUTION NO. 2007- 91
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, CALLING A SPECIAL MUNICIPAL
ELECTION FOR A VACANT CITY COUNCIL SEAT; REQUESTING AND
C_O_ NSENTINGw-_TO CONSOLIDATION WITH THE CONTRA COSTA COUNTY
GULAR GENERAL'ELECTION TO BE HELD ON FEBRUARY 5, 2008;
R-E._.�._y._,... ._.,.
REQUESTING THAT THE COUNTY REGISTRAR PERFORM CERTAIN ELECTION
SERVICES IN CONNECTION WITH SAID ELECTION; AUTHORIZING THE CITY
MANAGER TO REIMBURSE THE COUNTY FOR ELECTION SERVICES;
AUTHORIZING PAYMENT OF ALL NECESSARY LEGAL FEES; AND SETTING
SPECIFICATIONS OF THE ELECTIONS ORDER
(° * WHEREAS, effective August 27, 2007, City Councilmember David Cole resigned from
the Pinole City Council; and
WHEREAS, Councilmember Cole's term was scheduled to expire on November 7,
2010; and
WHEREAS, Government Code Section 36512 provides that when a vacancy occurs in a
municipal elective office the City Council may fill the vacancy by special election. In that event, the special election must be held on the next regularly established election date that is
5 � more than 114 days from the date that the Council calls the special election. The February 5,
2008 election is the next regular election that satisfies those requirements; and
f WHEREAS, the City Council desires to submit to the voters an election to fill the vacant
W City Council seat for the remainder of the Councilmember Cole's term; and
WHEREAS, the City Council desires to have the Contra Costa County Registrar of
in Voters render certain services in connection with the special election; and
WHEREAS, Elections Code Section 10400 provides that the City Council may request
the County Board of Supervisors to consolidate said special municipal election with the
statewide general election; and
WHEREAS, Elections Code Section 10242 provides that the City Council shall
determine the hours of opening and closing the polls; and
WHEREAS, Elections Code Section 10002 requires the City to reimburse the County in
full for the services performed upon presentation of a bill to the City by the County Elections
official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period
opens the City Council must determine whether a charge shall be levied against each candidate
submitting a candidate's statement to be sent to the voters; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the
election once in a newspaper of general circulation in the city;
WHEREAS, in the case of a tie-vote for any office to be filled at the General Municipal
Election, the winner shall be determined by a runoff election, as provided for in Elections Code
Section 15651(b) and Pinole Municipal Code Section 1.05.020; and
WHEREAS, Section 12109 of the Elections Code of the State of California provides that
the elections official conducting the election (County) shall give notice of the designation of a
central counting place for the voted ballots of the Pinole Special Municipal Election.
NOW, THEREFORE, BE IT RESOLVED
1. The Pinole City Council hereby calls for a Special Municipal Election to be held
on February 5, 2008 to fill the vacant Councilmember spot created by the
resignation of Councilmember David Cole; and
2. The candidate elected on February 5, 2008 shall serve the remainder of
Councilmember Cole's term, through November 7, 2010.
3. Pursuant to the provisions of Sections 10400, 10402 and 10403 of the Elections
Code of the State of California, it is in the best public interest to consolidate the
Pinole Special Municipal Election with the Statewide Election to be held on
February 5, 2008; and
4. The City Council of the City of Pinole hereby requests that the Contra Costa
County Board of Supervisors direct the Contra Costa County Registrar to conduct
all necessary services related to the Pinole Special Municipal Election, and bill
the City for the costs of conducting said election.
5. The City Manager and City Finance Director are hereby authorized to reimburse
Contra Costa County in full for such services actually performed upon
presentation of a bill from the County, and also authorized to pay all necessary
costs and legal fees pertaining to the Pinole Special Municipal Election.
6. The City Clerk and the City Attorney are hereby authorized to prepare all
necessary election documents, ballots, reports, resolutions and ordinances in
compliance with the Elections Code.
7. That the Contra Costa County Elections Department is authorized to specify the
location for the tally of ballots, and canvass and certify the results to the City
Clerk of the City of Pinole; and
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED by the
Pinole City Council that an election be held in accordance with the following Election Order:
SPECIFICATIONS OF THE ELECTION ORDER
1. The Election shall be held on Tuesday, the 5'h day of February 2008. The purpose of
the election is to choose successors for three City Council seats.
2. This Pinole City Council hereby requests and consents to the consolidation of this
election with other elections, which may be held in whole or in part of the territory of the
city, as provided in Elections Code 10400.
3. The City hereby designates the hours the polls are to be kept open shall be from 7:00
A.M. to 8:00 P.M.
4. The City Manager is authorized to reimburse Contra Costa County for the actual cost
incurred in conducting the election upon receipt of a bill stating the amount due as
determined by the elections official.
5. The timing for the submission of nomination documents for candidates shall be governed
by Section 10407 of the Elections Code and submitted to the office of the City Clerk no
later than 5 p.m., 88 days prior to February 5, 2008. Nomination documents shall be
available in the office of the City Clerk during the hours that City Hall is normally open
to the public.
6. The Pinole City Council has determined that the Candidate will pay for the Candidate's
Statement. The Candidate's Statement shall be submitted with the City Clerk along with
the nominating documents, as required by Elections Code 13307, and will be limited to
two hundred (200) words. As permitted by Elections Code Section 13307, as a
condition of having a Candidate's Statement published the candidate shall pay, at the
time of filing, the greater of$600 or the amount authorized by the County Registrar of
Voters, with the provision that the City Clerk shall refund the prorated share of costs if
and when it can be shown that the amount collected exceeded actual costs, within 30 days
of the election date. In the event of underpayment, the City Clerk shall require each
candidate to pay the balance of the cost incurred and shall bill each candidate his or her
share, which shall be paid within 30 days of the election date. A candidate who submits a
statement and qualifies as indigent under Section 13309 of the Elections Code shall not
be required to pay his or her pro rata share of the cost of printing, handling, translating,
and mailing the statement until after the election. The City Clerk is authorized to require
payment in any reasonable form deemed appropriate to ensure collection.
7. The City is responsible to publish the Notice of Election in the West County Times,
which is a newspaper of general circulation that is published daily in the city.
8. The City Clerk is directed to file a certified copy of this Resolution be forwarded to the
County Registrar of Voters and the Board of Supervisors of Contra Costa County.
9. Notice of the time and place of the Pinole Special Municipal Election is hereby given and
the office of 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.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the
18th day of September 2007, by the following vote:
AYES: COUNCILMEMBERS: HORTON, MURRAY, TILTON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: ALEGRIA
ABSTAIN: COUNCILMEMBERS: NONE
¢ c�(�
Patricia Atheno-1w, CMC
City Clerk
RESOLUTION NO. 2007 - 104
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, CALLING A SPECIAL MUNICIPAL
ELECTION TO RECALL COUNCIL MEMBERS MARIA ALEGRIA AND
COUNCILMEMBER STEPHEN S. TILTON; REQUESTING AND CONSENTING TO
CONSOLIDATION WITH THE CONTRA COSTA COUNTY PRESIDENTIAL
PRIMARY ELECTION TO BE HELD ON FEBRUARY 5, 2008; REQUESTING THAT
THE COUNTY REGISTRAR PERFORM CERTAIN ELECTION SERVICES IN
CONNECTION WITH SAID ELECTION; AUTHORIZING THE CITY MANAGER TO
REIMBURSE THE COUNTY FOR ELECTION SERVICES; AUTHORIZING
PAYMENT OF ALL NECESSARY LEGAL FEES; AND SETTING SPECIFICATIONS
OF THE ELECTIONS ORDER
WHEREAS, a Notice of Intent to Recall Council Member Alegria and A Notice of
Intent to Recall Council Member Stephen S. Tilton was filed upon the officeholders on June 5,
2007; and
WHEREAS, Recall Petitions were approved as to form for circulation by the City Clerk
on June 22, 2007, and pursuant to Elections Code Section 11220, the circulation period ninety
days, expiring on September 19, 2007, and
WHEREAS, on August 30, 2007, Petitions to Recall Maria Alegria and Petitions to
Recall Stephen S. Tilton were filed with the City Clerk for signature verification and upon a
prima facie count, contained more 2,225 signatures; and
WHEREAS, the City Clerk requisitioned the Contra Costa County Clerk and Recorder's
Office to conduct a signature verification; and
WHEREAS, on September 25, 2007, the Contra Costa County Clerk and Recorder's
Office presented a Certificate of Sufficiency for the Petition to Recall Council Member Maria
Alegria and the Petition to Recall Council Member Stephen S. Tilton.
WHEREAS, the City Clerk presented the Certificates of Sufficiency to the Pinole City
Council at its next Regular meeting on October 2, 2007, and the City Council received and
accepted the Certificates; and
WHEREAS, Election Code Section 11240 provides that requires that within fourteen
days of receiving the certificate of sufficiency, the governing body must issue an order calling an
election to be held to determine whether or not the officer(s) in the petition shall be recalled. In
that event, the special election must be held not less than 88, nor more than 125, days from the
date that the Council calls the Special Recall Election. The February 5, 2008 presidential
primary election satisfies those requirements; and
WHEREAS, the City Council desires to submit to the voters an election to determine
whether or not Council Member Maria Alegria and Council Member Stephen S. Tilton shall be
recalled, and to conduct an election for the successor to those offices; and
WHEREAS, the City Council desires to have the Contra Costa County Registrar of
Voters render certain services in connection with the special election; and
WHEREAS, Elections Code Section 10400 provides that the City Council may request
the County Board of Supervisors to consolidate said special municipal election with the
statewide general election; and
WHEREAS, Elections Code Section 10002 requires the City t4 reimburse the County in
full for the services performed upon presentation of a bill to the City by the County Elections
official; and
WHEREAS, Elections Code Section 13307 requires that before the nominating period
opens the City Council must determine whether a charge shall be levied against each candidate
submitting a candidate's statement to be sent to the voters; and
WHEREAS, Elections Code Section 12101 requires the publication of a notice of the
election once in a newspaper of general circulation in the city; and
WHEREAS, in the case of a tie-vote for any office to be filled at the General Municipal
Election, the winner shall be determined by a runoff election, as provided for in Elections Code
Section 15651(b) and Pinole Municipal Code Section 1.05.020; and
WHEREAS, Section 12109 of the Elections Code of the State of California provides that
the elections official conducting the election (County) shall give notice of the designation of a
central counting place for the voted ballots of the Pinole Special Municipal Election.
NOW, THEREFORE, BE IT RESOLVED
1. The Pinole City Council hereby calls for a Special Municipal Election to be held
on February 5, 2008 to determine whether on not the office holders, Maria
Alegria and Stephen S. Tilton shall be recalled; and
2. To conduct an election to determine the successors to the seats, and should the
recall effort against Maria Alegria be successful, the candidate elected on
February 5, 2008 shall serve the remainder of Councilmember Alegria's term,
through November 4, 2008. Should the recall effort against Stephen S. Tilton be
successful, the candidate elected on February 5, 2008 shall serve the remainder of
Councilmember Tilton's term, until November 7, 2010.
3. Pursuant to the provisions of Sections 10400, 10402 and 10403 of the Elections
Code of the State of California, it is in the best public interest to consolidate the
Pinole Special Municipal Election with the Statewide Election to be held on
February 5, 2008; and
4. The City Council of the City of Pinole hereby requests that the Contra Costa
County Board of Supervisors direct the Contra Costa County Registrar to conduct
all necessary services related to the Pinole Special Municipal Election, and bill
the City for the costs of conducting said election.
5. The City Manager and City Finance Director are hereby authorized to reimburse
Contra Costa County in full for such services actually performed upon
presentation of a bill from the County, and also authorized to pay all necessary
costs and legal fees pertaining to the Pinole Special Municipal Election.
6. The City Clerk and the City Attorney are hereby authorized to prepare all
necessary election documents, ballots, reports, resolutions and ordinances in
compliance with the Elections Code.
7. That the Contra Costa County Elections Department is authorized to specify the
location for the tally of ballots, and canvass and certify the results to the City
Clerk of the City of Pinole; and
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED by the
Pinole City Council that an election be held in accordance with the following Election Order:
SPECIFICATIONS OF THE ELECTION ORDER
1. The Election shall be held on Tuesday, the 5`h day of February 2008. The purpose of
the election is to choose successors for three City Council seats.
2. This Pinole City Council hereby requests and consents to the consolidation of this
election with other elections, which may be held in whole or in part of the territory of the
city, as provided in Elections Code 10400.
3. The City hereby designates the hours the polls are to be kept open shall be from 7:00
A.M. to 8:00 P.M.
4. The City Manager is authorized to reimburse Contra Costa County for the actual cost
incurred in conducting the election upon receipt of a bill stating the amount due as
determined by the elections official.
5. The timing for the submission of nomination documents for candidates shall be governed
by Section 10407 of the Elections Code and submitted to the office of the City Clerk no
later than 5 p.m., 88 days prior to February 5, 2008. Nomination documents shall be
available in the office of the City Clerk during the hours that City Hall is normally open
to the public.
6. The Pinole City Council has determined that the Candidate will pay for the Candidate's
Statement. The Candidate's Statement shall be submitted with the City Clerk along with
the nominating documents, as required by Elections Code 13307, and will be limited to
two hundred (200) words. As permitted by Elections Code Section 13307, as a
condition of having a Candidate's Statement published the candidate shall pay, at the
time of filing, $600 or the amount authorized by the County Registrar of Voters, with the
provision that the City Clerk shall refund the prorated share of costs if and when it can be
shown that the amount collected exceeded actual costs, within 30 days of the election
date. In the event of underpayment, the City Clerk shall require each candidate to pay the
balance of the cost incurred and shall bill each candidate his or her share, which shall be
paid within 30 days of the election date. A candidate who submits a statement and
qualifies as indigent under Section 13309 of the Elections Code shall not be required to
pay his or her pro rata share of the cost of printing, handling, translating, and mailing the
statement until after the election. The City Clerk is authorized to require payment in any
reasonable form deemed appropriate to ensure collection. Pursuant to Election Code
11327, an officer being recalled may file a Candidate Statement with the elections
official, in accordance with Election Codes Section 13307, and as a condition of filing,
shall pay, at the time of filing $600, and is subject to the same provisions as noted above.
7. The City is responsible to publish the Notice of Election in the West County Times,
which is a newspaper of general circulation that is published daily in the city.
8. The City Clerk is directed to file a certified copy of this Resolution be forwarded to the
County Registrar of Voters and the Board of Supervisors of Contra Costa County.
9. Notice of the time and place of the Pinole Special Municipal Election is hereby given and
the office of 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.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 9th day
of October 2007, by the following vote:
AYES: COUNCILMEMBERS: Alegria, Horton, Murray
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Tilton
ABSTAIN: COUNCILM RS: None
cI hereby certify that theforegoing is a true nd correct copy
of the A' Al 76,p _ c
document on
file in the
City of Pinole,Cont Costa County,State of California
Patricia Athe our, CMC M "�
' Patricia Athen r, Cler of the City of Pinole
City Clerk
Date:
�� 3 i
RESOLUTION NO.117-07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS AND THE REGISTRAR OF VOTERS OF
THE COUNTY OF CONTRA COSTA TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,FEBRUARY 5,2008 WITH THE STATEWIDE
PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON THAT DATE
WHEREAS,the City Council of the City of Richmond called a Special Municipal
Election to be held on Tuesday,February 5,2008,for the purpose of submitting to the voters an
ordinance relating to the City's Telecommunications and Video Users'Tax and
WHEREAS,it is desirable that the Special Municipal Election be consolidated with the
Statewide Presidential Primary 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 Municipal 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 and Registrar of Voters of the County of Contra Costa are hereby
requested to consent and agree to the consolidation of a Special Municipal Election
with the Statewide Presidential Primary Election and other elections held whole or in
part of the territory of the City on Tuesday,February 5,2008,for the purpose of
submitting to the voters an ordinance with respect to the City's Telecommunications
and Video Users'Tax.
2. The exact form of the question to be voted on at the election is as set forth in the
resolution of the City Council calling the election,which resolution is incorporated
herein by reference.
3. 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.
4. 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.
5. 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.
6. 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.
7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of originals.
►tti►►t►t►►►►t►tt►t►tt►►►►►t►►►•t•►
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 November 6,2007,by the following vote:
AYES: Councilmembers Bates,Butt,Lopez,Marquez,Rogers,Sandhu,
Thurmond,Viramontes,and Mayor McLaughlin
NOES: None
ABSTENTIONS: None
ABSENT: None
DIANE HULMES
Clerk of the City of Richmond
(SEAL)
Approved:
GA-YLE MCLAUGHLIN
Mayor Certified_as aTr e Copy
Approved as to form:
CLERK OF THE CITY OF RICHMOND,CA
LOUISE RENNE,Interim
City Attorney
State of California }
County of Contra Costa :ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. 117-07,finally passed and
adopted by the Council of the City of Richmond at the meeting held on Novem r 6,2007.
Clerk of the City of Richmond
RequestmgBCP5upToConsolidateSpeCtilMuniEkdioa5Fcb2"Salt 0*wurcUUr
RESOLUTION NO. 2007-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CALLING
AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
FEBRUARY 5, 2008; APPROVING AN ORDINANCE IMPOSING A ONE-HALF (1/2)
CENT SALES TAX INCREASE FOR THE REPAIR OF POTHOLES AND IMPROVEMENT
AND MAINTENANCE OF CITY STREETS; ORDERING THE SUBMITTAL OF THE
ORDINANCE TO THE VOTERS AT THE SPECIAL ELECTION; AND REQUESTING
THAT THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS CONSENT TO THE
CONSOLIDATION OF THIS ELECTION WITH THE STATEWIDE PRIMARY ELECTION
TO BE HELD ON THE SAME DATE
WHEREAS, the City of El Cerrito Street System consists of approximately 68 miles of streets,
the majority of which are in poor condition and unable to meet today's traffic demands; and
WHEREAS, residential and neighborhood streets are pitted with potholes and cracks with more
than 70% of residential streets rated as "Poor" on the Pavement Condition Index (PCI); and
WHEREAS, in the next five years the City's average rating for streets will drop from fair to poor
if roads are not maintained; and
WHEREAS, the City must make these essential repairs immediately, because waiting will only
make City streets more dangerous and more expensive to fix, and
WHEREAS, without additional funding, our street and road infrastructure will only deteriorate
further; and
WHEREAS, the City of El Cerrito currently has inadequate dedicated funding in order to
maintain current roads that are in good condition, or make significant repairs to streets in
poor condition; and
WHEREAS, the City needs additional funding to properly repair City streets, including
structurally repairing potholes, sealing cracks, repaving, and maintenance and improvement
of curbs, gutters, ramps and striping; and
WHEREAS, the cost of the needed improvements and maintenance on the City of El Cerrito
Street System far exceeds the available revenues for these activities; and
WHEREAS, to repair existing hazards and properly maintain our streets we must impose a one-
half(1/2) cent sales tax to adequately serve the residents of El Cerrito; and
WHEREAS, a local finance measure gives El Cerrito residents local control, since every penny
generated by the measure stays in El Cerrito and could only be used for street repair and
maintenance in the City; and
WHEREAS, in order to immediately begin and accelerate the completion of the street work
authorized hereunder, the City will also seek approval to incur debt, payable solely from the
proceeds of the tax approved by this measure, in a maximum amount such that the annual
debt service does not exceed 75% of the projected amount of revenue to be generated by the
sales tax; and
Page 1 of 4
CITY OF EL CERRITO
The El Cerrito Pothole Repair, Local s
Street Improvement and Maintenance
Measure. To improve neighborhood
streets; enhance road safety citywide by 6 YES
fixing potholes; maintaining, repairing
and repaving streets; sealing cracks;
improving handicap ramps, crosswalks,
bicycle lanes; and maintaining road
markings and signage, shall the City of El
Cerrito incur debt to immediately begin
and accelerate street improvements, paid
by establishing a dedicated one-half cent NO
sales tax used exclusively for street C
improvements, with citizens' oversight `.
y and independent audits of expenditures?
SECTION 4. APPROVAL OF ORDINANCE. By a vote of at least 2/3 f its full
membership, the City Council hereby approves the proposed ordinance an expen iture plan to <�
be submitted to the voters as attached hereto as Exhibit A. The proposed measure is a special tax
as defined in Article XIIIC of the California Constitution and shall not take effect unless and
until approved by a vote of at least 2/3 of the voters voting on the question at the election.
SECTION 5. BALLOT FORMAT. The ballots to be used at the election shall be in
form and content as required by law.
SECTION 6. IMPARTIAL ANALYSIS. The City Attorney is hereby directed to
prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.
SECTION 7. BALLOT ARGUMENT. The City Council hereby authorizes one or more
of its members to submit a ballot argument in favor of the measure, pursuant to Elections Code
Section 9282. The last day for filing of primary arguments is November 16, 2007.
SECTION 8. REQUESTING THE CONSOLIDATION OF ELECTIONS: Pursuant to
Elections Code Section 10400 —et seq., the City Council of the City of El Cerrito hereby requests
that the Contra Costa County Board of Supervisors consent and agree to the consolidation of the
special municipal election with the statewide primary election to be held on February 5, 2008
and provide all services necessary to conduct the election and print a measure on the ballot as
described in Section 3 of this resolution. The county election department is authorized to
canvass the returns of the special municipal election. Within the City of El Cerrito, the election
precincts, election officers, hours of voting, polling places and voting booths shall in every case
be the same as those selected and designated by the Contra Costa County Registrar of Voters;
provided that no person not a qualified elector of the City of El Cerrito shall be permitted to vote
for the measure placed on the ballot by the City Council.
Page 3 of 4
IBIT A--
ORDINANCE NO.
AN ORDINANCE OF THE VOTERS OF THE CITY OF EL CERRITO AMENDING
THE EL CERRITO MUNICIPAL CODE, IMPOSING A 1/2 CENT TRANSACTIONS
AND USE TAX FOR THE REPAIR AND MAINTENANCE OF CITY STREETS TO
BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND
AUTHORIZING THE INCURRENCE BY THE CITY OF INDEBTEDNESS
PAYABLE SOLELY FROM SUCH TAX.
THE PEOPLE OF THE CITY OF EL CERRITO DO HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. A new Chapter 4.60 is hereby added to Title 4 ("Revenue and Finance") of
the El Cerrito Municipal Code, to read as follows:
"Chapter 4.60 Pothole Repair and Local Street Improvement and
Maintenance Transactions and Use Tax
4.60.010. TITLE. This ordinance shall be known as the "El Cerrito Pothole Repair and
Local Street Improvement and Maintenance" Transactions and Use Tax Ordinance. The
City of El Cerrito hereinafter shall be called "City." This ordinance shall be applicable in
the incorporated territory of the City.
4.60.020. 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.
4.60.030. PURPOSE. This ordinance is adopted to achieve the following, among other
purposes, and directs that the provisions hereof be interpreted in order to accomplish
those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of
Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code and Section 7285.91 of Part 1.7 of Division 2 which authorizes the
City to adopt this tax ordinance which shall be operative if two-thirds of the
electors voting on the measure vote to approve the imposition of the tax at an
election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar
as those provisions are not inconsistent with the requirements and limitations
contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and
provides a measure therefore that can be administered and collected by the State
Board of Equalization in a manner that adapts itself as fully as practicable to, and
requires the least possible deviation from, the existing statutory and
Page 1 of 9
4.60.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION
OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and
Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the
name of this City shall be substituted therefore. However, the substitution shall
not be made when:
1. The word "State" is used as a part of the title of the State Controller, State
Treasurer, State Board of Control, State Board of Equalization, State
Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or
against this City or any agency, officer, or employee thereof rather than by
or against the State Board of Equalization, in performing the functions
incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections
referring to the exterior boundaries of the State of California, where the
result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales,
storage, use or other consumption of tangible personal property
which would not otherwise be exempt from this tax while such
sales, storage, use or other consumption remain subject to tax by
the State under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be
subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that
phrase in Section 6203.
4.60.100. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer
under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit
shall not be required by this ordinance.
4.60.110. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax
the amount of any sales tax or use tax imposed by the State of California or by
any city, city and county, or county pursuant to the Bradley-Burns Uniform Local
Sales and Use Tax Law or the amount of any state-administered transactions or
use tax.
B. There are exempted from the computation of the amount of transactions tax the
gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products,
to operators of aircraft to be used or consumed principally outside the
county in which the sale is made and directly and exclusively in the use of
such aircraft as common carriers of persons or property under the
Page 3 of 9
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this
ordinance.
4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing
purchase of such property for any period of time for which the lessee is
obligated to lease the property for an amount fixed by a lease prior to the
operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use,
or other consumption, or possession of, or exercise of any right or power
over, tangible personal property shall be deemed not to be obligated
pursuant to a contract or lease for any period of time for which any party
to the contract or lease has the unconditional right to terminate the contract
or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in
the City shall not be required to collect use tax from the purchaser of
tangible personal property, unless the retailer ships or delivers the property
into the City or participates within the City in making the sale of the
property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the City
or through any representative, agent, canvasser, solicitor, subsidiary, or
person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer
of any of the following: vehicles subject to registration pursuant to
Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
Code, aircraft licensed in compliance with Section 21411 of the Public
Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall
be required to collect use tax from any purchaser who registers or licenses
the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing,
or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the
Revenue and Taxation Code with respect to the sale to the person of the property
the storage, use or other consumption of which is subject to the use tax.
4.60.120. AMENDMENTS.
A. All amendments subsequent to the effective date of this ordinance to Part 1 of
Division 2 of the Revenue and Taxation Code relating to sales and use taxes and
which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue
and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of
the Revenue and Taxation Code, shall automatically become a part of this
ordinance, provided however, that no such amendment shall operate so as to
affect the rate of tax imposed by this ordinance unless any increase in the rate of
this tax is first approved by 2/3 of the voters of the City of El Cerrito voting on
such question.
B. Pursuant to California Elections Code Section 9217 or any successor statute, the
City Council of the City of El Cerrito may amend or repeal this ordinance and any
Pa-e 5 of 9
4.160.160. ANNUAL AUDIT.
By no later than December 31 st of each year, the City's independent auditors shall
complete a Streets Repair and Maintenance Tax Ordinance Compliance and Internal
Control Audit Report. Such report shall review whether the Tax revenue is collected,
managed and expended in accordance with this Chapter."
SECTION 2. Chapter 2.04 ("City Council") of Title 2 ("Administration") of the El
Cerrito Municipal Code is hereby amended by adding a new Section 2.04.320, to read as
follows:
2.04.320. CITIZENS' OVERSIGHT COMMITTEE.
A. Committee Established. There is hereby established in the City of El Cerrito a
Citizens' Oversight Committee to monitor the expenditures of revenue collected
pursuant to Chapter 4.60 (the "Pothole Repair and Local Street Improvement
and Maintenance Transactions and Use Tax") only and report to the People
and the City Council. The title of this Committee shall be the "Street Repair and
Maintenance Citizens' Oversight Committee" (hereinafter the "Citizens'
Oversight Committee" or the "Committee").
B. Selection of Members.
1. Members of the Citizens' Oversight Committee shall be appointed by
majority vote of the City Council. The Committee shall consist of five
members. The Citizens' Oversight .Committee members shall not be
current City of El Cerrito employees, officials, contractors or vendors of
the City. Past employees, officials or vendors shall be eligible to serve on
the Committee, provided that such service would not be a violation of law,
as determined by the City Attorney.
2. Of the members of the Committee first appointed, three shall be appointed
for terms of four years and two for terms of three years. Their successors
shall be appointed for terms of four years. No member may serve more
than two consecutive four-year terms.
3. The City Council shall solicit Citizens' Oversight Committee members
through an open application process that is promoted through the City's
normal recruiting process. Any El Cerrito resident is eligible to apply for
Committee membership, subject to the limitations specified above. All
applications will be reviewed by the City Council, which will have the
authority to make all final decisions on Committee representation, subject
to these guidelines.
C. Purpose and Jurisdiction.
1. The Citizens' Oversight Committee shall review expenditures of revenue
collected pursuant to this Chapter only to determine whether such funds
are expended for the purposes specified in the then-current Street Repair
and Maintenance Expenditure Plan, and issuing reports on their findings to
the City Council and public at least annually. The Committee may also
review the annual financial or performance audits performed by an
independent auditor. The Committee shall confine its oversight
specifically to revenues generated under Chapter 4.60. Revenue generated
through other sources shall be outside the jurisdiction of the Street Repair
and Maintenance Citizens' Oversight Committee.
Page 7 of 9
PASSEXAADOPTED by the voters of El Cerrito at an election held
February 5, 20llowing vote:
ES:
ff
NOE
ATTEST: r'
Cheryl Morse, City Cl k
APPROVED:
Letitia D. oore, Mayor
40
Page 9 of 9
PASSED AND ADOPTED by the voters of El Cerrito at an election held
February 5, 2008 by the following vote:
AYES:
NOES:
ATTEST:
Cheryl Morse, City Clerk
APPROVED:
Mayor of El Cerrito
i
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Page 9 of 9
9 EXHIBIT 1
CITY OF EL CERRITO
POTHOLE REPAIR AND STREET IMPROVEMENT AND MAINTENANCE SERVICES
PAVEMENT EXPENDITURE PLAN
OF j J
ONE-HALF (1/2) CENT Al I
TRANSACTIONS AND USE TAX REVENUE Q
The City of El Cerrito street system consists of approximately 68 miles of streets, the majority of
which were constructed to the standards and conditions of the early to mid-20th century with many
streets unable to meet today's traffic demands. The City's Pavement Condition Index (PCI), which
was compiled by staff and its consulting engineers, illustrates that El Cerrito's streets have a very
low average pavement condition rating (51 on a 100-point scale). Further analysis shows that the
residential streets are in the worst condition of all categories with an average PCI of 38, while the
neighborhood collectors and arterials are in better condition with PCIs of 68 and 80, respectively.
The needed improvements and maintenance on the City of El Cerrito street system far exceed the
available revenues for these activities. While the City remains committed to continue efforts to
obtain all possible Federal and State funding for street improvements, it is apparent that without
the one-half (1/2) cent transactions and use tax revenue, the City will be unable to improve the
street system to a level that will adequately serve the traveling public. This Pavement Expenditure
Plan describes the specific projects for which the revenues from the tax will be expended, and
satisfies the requirements of Section 7285.91(c) of the Revenue and Taxation Code.
The Expenditure Plan is a simple one, as it proposes to utilize the one-half cent transactions and
use tax for street maintenance and improvement-related purposes, rather than specific capital
improvement projects. The goal of this plan is to rapidly improve the City's street system to
provide the traveling public with the best and most efficient road maintenance possible given the
existing facilities and the available funds.
Annual Program of Maintenance and Improvement
The City shall prepare a "Maintenance and/or Improvement Program" that the tax revenues will
fund. This Program will be a flexible document that responds to the most significant maintenance
and improvement needs as they are identified. It will be updated annually as part of the City's
annual Capital Improvement Program budget, and available funds will be appropriated. It will
follow recommendations and priorities established annually by the City Council and Citizens'
Oversight Committee, and will itemize each year's particular capital projects and debt service
payments. An annual independent audit will be performed by the City's external auditors that will
include review of compliance with the requirement that all expenditures are related to street
improvement, maintenance and associated debt service.
Accelerated Work Plan in First Five Years
The initial years will be devoted to the rehabilitation of the residential streets within the City of El
Cerrito along with an effort to maintain the arterials in good condition. When possible, the City
will utilize these funds as matching funds for Federal and State Grants related to street
improvement and rehabilitation projects. In addition, approximately 15% of the transactions and
use tax would be set aside to improve the non-vehicular mobility and accessibility (curb ramps,
improved striping) and significant drainage problems associated with the City's street system.
zn
The first five years of the Pavement Expenditure Plan include a significantly accelerated work
plan. This is intended to bring the City's Street System average PCI up to or near 70. Most of the
accelerated work will occur in the first four years, and the fifth year would be used to transition to
an annual comprehensive ongoing maintenance program.
The work plan is broken into two categories:
1. Preparatory Work: The Preparatory Work will consist of repair and other activities as
aimed at preparing a street for the final resurfacing work. This typically includes:
■ Crack sealing
■ Structural pavement repairs
■ Leveling and rideability corrections
■ Installation of curb ramps pursuant to the Americans with Disabilities Act
■ Curb, gutter, and sidewalk repair (as needed)
■ Temporary or restored pavement markings and striping
2. Finish Resurfacing: Finish Resurfacing will consist of installing the final pavement surface
and pavement markings. Typical activities would be:
■ Leveling and rideability corrections
■ Edge conform grinding
■ Asphalt overlay, micropaving, slurry seal, and cape seal
• Replacement and enhancement of pavement markings, striping and signage.
The table below demonstrates how the accelerated (shown as "XXX") work will be performed for
the various work items, and also indicates where a normal level of work (shown as "X") would be
performed. This also indicates the approximate annual monetary value of work in each
construction season.
2008 2009 2010 2011 2012
Curb Ramps xxx xxx x x x
0
n
Crack Seal xxx xxx xxx x x
U
Structural Repairs xxx xxx x x x
N
Slurry/Cape Seal xxx xxx xxx x
Asphalt Overlay xxx xxx xxx x
$16.9 million $2.6 M $5.5 M $4.5 M $3.3 M $1.0 M
Subsequent Years
After completion of the accelerated work plan, the subsequent years will be devoted to ongoing
maintenance of the system in a manner to protect the City's valuable street infrastructure.
Maintenance priorities will be reviewed annually by the City Council and the Citizen Oversight
Committee with funds for each year to be expended on the priority items first.
Annual Debt Services
The transactions and use tax revenues will also be used for the payment of interest and principal on
obligations resulting from the issuance of bonds, notes, leases, and other indebtedness.
Administrative Costs
In addition to the above expenditures directly related to the goals of the transactions and use tax,
the tax will be used for certain administrative costs.
1. Financial Administration Costs: Staff accounting, auditing, and financial activities and
contract services that are necessary and reasonable for the City to carry out its
responsibilities under the Revenue and Taxation Code.
2. Costs Related to Bonds�r Other Indebtedness: Expenses in the sale or issuance of bonds
and/or other forms ofd bto
3. Project Management a d,Engineering Costs: Expenditures approved by the City Council
that are necessary and reasonable for-implementing the projects identified in the
Maintenance and/or Improvement Program!
4. Mandatory Independent Annual Fisc 1 Audif. Expenditures related to the independent
annual audit required by the ordinance,which ensures that the expenditure of funds is in
accordance with this plan.
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CERTIFICATION
Cl I HERTIFY THA ATRUE AND
ESY CEOF AN OFF A DOCUMENT OF
/ j COR ECT LCE NTY OF CONTRA
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CITY ERK , CITY OF EL CERRITO