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HomeMy WebLinkAboutMINUTES - 04062004 - C104 TO: BOARD OF SUPERVISORS "" Contra FROM: Stephen L. Weir, County Clerk-Recorder Costa DATE: March 19, 2004 ----- County T: Approve consolidation requests for the June 8, 2004 S + SUBJEC pp Special Election q p SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): APPROVE the consolidation requests on file in the Contra Costa Elections Department from the following jurisdictions for the June 8,2004 Special Election. City of Antioch 1 Measure West Contra Costa Healthcare District 1 Measure West Contra Costa Unified School District 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 RECOMMENDATIONIBACKGROUND: By approving their consolidation requests, the Board is allowing the jurisdictions to share costs where their jurisdictional boundaries overlap. By granting this request,the affected jurisdictions will reduce the costs associated with conducting their elections. CONSEQUENCES OF NEGATIVE ACTION: Not approving this request could increase the costs to the listed jurisdictions in conducting the June 8, 2004 Special Election. 3 �s G' CONTINUED ON ATTACHMENT: ❑ Yes SIGNATURE: Candy Lop , TssisiZnt RegMar ,-'"'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION ON BOR ON '! �, '?� APPROVED AS RECOMMENDED OTHER f fzz VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS (ABSENT: ) 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 SWEETEN,! CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY: cc: Elections Office DEPUTY \\cccsg10I\Shared Documents\ELECTION\2004\060$44\BoardOrders\ApproveConsotidationRequest.doc FEB 2 7 2004' a Comm + Y /07 OFFICE OF THE CITY CLERK L. JOLENE MARTIN, CMC City E OZLIF1tP February 26, 2004 Clerk, Board of Supervisors Contra Costa County P 0 Box 911 Martinez CA 94553 Gentlemen: Enclosed is a certified copy of Resolution No. 2004/28 calling a Special Referendum Election for June 8, 2004 regarding repealing Resolution No. 2004114, (Blue Rock Business Park) . We appreciate your consideration of our request. Sincerel L. J L E MARTIN, CMC City Clerk Jc Enc. cc: Steve Weir, County Clerk Candy Lopez, Elections Supervisor William R. Galstan, City Attorney Office of City Clerk Third&"H"Street P.O. Box 5007 Antioch CA 94531-5007 (925) 779-7009 FAX (925) 779-7007 RESOLUTION NO.2004/28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH REPEALING RESOLUTION NO.2004/14 AND CALLING A SPECIAL REFERENDUM ELECTION ON JUNE 8,2004 WHEREAS on February 10,2004 the City Council adopted Resolution 2004/14, calling a referendum election pursuant to Elections Code §9237, but not specifying whether Council wished a special election or an election at the next regular municipal election; NOW,THEREFORE,BE IT RESOLVED that Resolution No. 2004/14 is hereby repealed. BE IT FURTHER RESOLVED that the City Council does hereby call a special election pursuant to Elections Code §9241 to be held on June 8, 2004 to determine the referendum petition. BE IT FURTHER RESOLVED that the specific measure on the ballot shall be as follows: NlEASURE "Shall City of Antioch Resolution No. 2003/141, amending the General Plan to allow the construction of multi-family housing and a business park in the vicinity of Lone Tree Way, Golf Course Road and Bluerock Drive,be repealed?" BE IT FURTHER RESOLVED that the City Clerk is directed,pursuant to Elections Code §9280,to transmit a copy of the measure to the City Attorney for the purpose of preparing an impartial analysis of the measure. BE IT FURTHER RESOLVED that,pursuant to Elections Code 9286,the City Clerk shall fix and determine a reasonable date prior to the election after which no arguments for or against the measure may be submitted,which date shall be noticed by the City Clerk pursuant to Government Code §6061 and Elections Code§9286. BE IT FURTHER RESOLVED that no rebuttal arguments shall be allowed. BE IT FURTHER RESOLVED that to the extent practicable,the election shall be consolidated with any other special election being conducted in Contra Costa County on June 8, 2004. I ]HEREBY CERTIFY that the foregoing resolution was passed and adapted by the City Council of the City of Antioch at a regular meeting thereof, held on the 24h day of February,2004, by the following vote. AYES: Council Members Kalinowski,Davis, Conley, Simonsen, and Mayor Freitas. WOES: Done. ABSENT: None. CITYCL*1 /7—R�7 THE CITY OF A1TIOCII 2 1111141AR ■ NORRIS 2033 North Main Street,Suite 800 CAL&ORMA 0MCES PO Bax 8038 Walnut Creek Walnut Creek,CA 94596-3728 "ri + Los Angeles 925.930.6600 Richmond 925.930.6620(Fax) Corona MAR March 11, 2044 KIMBERLY W.SCALA Gt33TACCM OL ' kScala@archemorris.com 925.952.5857 VIA OTlERNIGHT MAIL l Contra Costa County Elections Office Attention: Candy Lopez f 524 Main Street 's , Martinez, CA 94553 a Re: West Contra Costa Health Care District t , File No. B0050-157 Dear Ms. Lopez: Enclosed please find West Contra Costa Health Care District Board of Directors— Resolution#841. The Ballot Measure language will arrive under separate cover. Yours very truly, ARCHER NORRI Kimb y W. Scala KWS:sd Enclosure B00501571342648-1 Archer Norris,A Professional taw Corporation a WEST CONTRA COSTA HEALTH CARE DISTRICT BOARD OF DIRECTORS RESOLUTION#_m CALLING A SPECIAL ELECTION UPON THE QUESTION OF AUTHORIZING THE DISTRICT TO IMPOSE AND LEVY A SPECIAL TAX WHEREAS,Tenet Healthsystem Hospitals, Inc. ("Tenet")has operated Doctors Medical Center during the past seven years, and Tenet has now given the West Contra Costa Health Care District(the "District")notice of its intention to cease operating Doctors Medical Center effective July 31, 2004; WHEREAS, the District is committed to keeping Doctors Medical Center open for the purpose of ensuring continued local access to emergency room care, acute hospital care and other medical services for residents of the District and visitors to the area; WHEREAS, the District requires special tax revenue to keep the Doctors;Medical Center open, WHEREAS, Section 4 of Article XIII A of the California Constitution and Government Code section 53730.01 authorize a health care district to impose and levy a special tax for specified purposes upon approval of two-thirds of the electorate voting on the measure, WHEREAS,in the judgment of this Board of Directors("Board"), following public hearing and comment, it is advisable to request that the Contra Costa County Registrar of Voters _ call a special election by all-mail ballot to submit to the District voters the question whether the District shall levy a special tax for the purposes set forth herein. NOW THEREFORE,BE IT RESOLVED AS FOLLOWS: 1. Special Tax. The District hereby proposes to adopt a special tax that it will use to ensure continued local access to emergency room care, acute hospital care and either medical services for residents of the District and visitors to the area. Revenues raised by this tax will only be used to defray operating expenses, capital improvement expenditures and debt repayment to accomplish the foregoing purposes. 2. Order of Election. Pursuant to Elections Code Section.4108, the Board does hereby call a special election on June 8, 2004, by all-mail ballots, on the measure set forth in Paragraph 4. 3. Full Ballot Text. The Board hereby approves and adopts the full text for the ballot set forth in Exhibit A, attached hereto and incorporated herein. 4. Abbreviated Ballot Form. The District hereby approves and adopts the abbreviated ballot form of the measure as follows: 80050157/339864-5 i f To prevent the life threatening shut-down of the only full service emergency room serving all West Centra Costa County residents and prevent the closure of this X community's local hospital so that victims of heart attacks, strokes, car accidents, + burns, toxic chemical releases and other medical emergencies receive rapid response medical care, shall the West Contra Costa HealtRare District authorize an annual special property tax with all revenue staying in our community for local '\emergency and healthcare services and facilities? 5. Tax Levy. The tax shall take effect on July 1, 2004 and shall be assessed against ea taxable parcel of land within the District at the following annual rates. f Single-family Residential /Vacant/Miscellaneous - $52 per parcel Small Multi-Unit Residential -$104 per parcel Small Commercial/Industrial - $312 per parcel Medium Commercial/Industrial - $520 per parcel Y Y 4 F Large Commercial/Industrial - $1,040 per parcel "Taxable parcel"means an unit of real property in the.District that a Y P >the ual p y pI secured Contra Costa County property tax roll. t7 G. Method of collection. The tax shall be collected by the Contra Costa County ax Collector at the same time, in the same manner and subject to the same penalt s d valorem property taxes collected by the Treasurer-Tax Collector. Unpaid taxes shall be nterest at the same rate as the rate for unpaid ad valorem property taxes until paid. The collection of the parcel tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof. 7. Request to Registrar of Voters. The District requests that the Registrar of Voters take all steps necessary to hold the election by all-mail ballot pursuant to Division 4i of the Elections Code (commencing with Section 4000). The District also requests that the Registrar of Voters reprint the full text for the ballot, set forth in Exhibit A, in the voter information pamphlet to be distributed to voters. 8. Ballot Argument in Favor. The President of this Board or her designees are hereby authorized to prepare and file with the Registrar of Voters a ballot argument in favor of the tax measure, or act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument, each within the time established by the Registrar of Voters,which shall be considered the official ballot arguments of this Board as sponsor of the measure. 9. Official Actions. The.President of the Board or her designees are hereby authorized to execute any other document and to perform all acts necessary to place the tax measure on the ballot, including making alterations in the ballot language stated in Exhibit A and Paragraph 4 hereto, and to comply with requirements of law and election officials. The Board shall establish 8005(}1571339864-5 a and appoint members to an independent citizens oversight committee to review and report on the expenditure of tax proceeds. 10. Cost of Election. The District shall bear the cost of the election. 11. Appropriations Limit. The Board hereby proposes to increase its appropriations limit under Article XIII B of the California Constitution in an amount equal to the amount of proceeds of taxes for the first year the parcel tax is imposed. 12. Approval by Voters. The District shall levy the tax upon approval of two-thirds of the votes cast by voters voting upon the measure. 13. Authority for Election. The authority for ordering this election is contained in Section 4 of Article XIII A of the California Constitution and Government Code sections 53730.01 and 50075 et seq. The authority for holding an all-mail ballot election is contained in Section 4000 of the Elections Code. ADOPTED,SIGNED and APPROVED by the Board of Directors of West Contra Costa Health Care District on the 9th day of March 2004, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Chair of the Board of Directo s Attest: retary of thed of Directors 80450157/339864-5 p Exhibit A FULL TEXT OF BALLOT MEASURE WEST CONTRA COSTA HEALTH CARE DISTRICT PARCEL TAX FOR EMERGENCY ROOM CARE, ACUTE HOSPITAL CARE AND OTHER MEDICAL SERVICES The West Contra Costa Health Care District will levy a special tax on each taxable parcel of land within the District at the fallowing,annual rates: Single-family Residential I Vacant/Miscellaneous -$52 per parcel This category includes the following Assessor's Use Codes: 10-19, 61-62, 69, 81- 85, 88-89 Small Multi-Unit Residential - $104 per parcel This category includes the following Assessor's Use Codes: 20-24, 29 Small Commercial/ Industrial - $312 per parcel This category includes the following Assessor's Use Codes: 25, 30-32, 34-37, 40, 48, 56, 63, 67, 80 Medium Commercial/Industrial -$520 per parcel This category includes the following Assessor's Use Codes: 26, 33, 43-47, 49-50, 53, 64, Large Commercial /Industrial - $1,040 per parcel This category includes the following Assessor's Use Codes: 27-28, 38-39, 41-42, 51-52, 54-55, 68, 70, 76, 86 Taxable parcels are those parcels that appear on the annual secured Contra Costa County property tax roll. Assessor's Use Codes are those codes used by the Contra Costa County Assessor's Office to identify and categorize property. The purpose of this parcel tax will be to ensure continued local access to emergency room care, acute hospital care and other medical services for residents of the District and visitors to the area. The revenues raised by this special tax will only be used to defray operating expenses, capital improvement expenditures and debt repayment to accomplish the foregoing purposes. The District's appropriations limit will be increased by the amount of this voter-approved tax. The special tax revenues shall be deposited into a separate account held by the Contra Costa County Treasurer, in accordance with Government Code Section 50075.1, and shall be expended according to a plan developed annually by the District staff and approved and adopted by the District's Board of Directors. A citizens oversight committee appointed by the Board will review and report on the expenditure of tax revenues. 130050157/339864-5 The District will cause to be filed an annum report with its Board of Directors,which report shall include the amount of special tax revenues collected and expended, and which shall otherwise comply with the accountability measures established in Government Code Sections 50075.1 et sect. P,0050157/139864-5 03/17104 10;31 FAX tI001 ARC HE R2N(7RRIS 20033 Nom Mar"Streot,Soto 800 CALWO*Mjk 09FICES Wainat Creek PO Box 8035 Wsinut Creak.CA "596.372e Los Angeles Rlc 525.030;8800 ond 925.530,8820(Fax) CptOna FACSIMILE TRANSMISSION DATE- meeftor To., NAME FAX No. PHONE No. Sue Olvera (925)646-1385 FROM: Kimberly W. Scala PHONE. 925.9X6600 RE: West Contra Costa Health Care District FrLE NumaPu BQ05 -157 Nt(t�,MrR of PAoES INCLUD NG COVER P E. 2 OR(G1NAL WILL NOT FOLLOW Tease see attached West Contra C ealth Care District Ballot Statement NXp CAUTION-CONF'IDENT'IAL THF, INFORMATION CONTAINED IN THIS FACSIMILE IS CONFIDENTLAL AND MAY ALSO CONTAIN PRIVILE09D ATTORNEY-CLIENT INFORMATION OR WOIAK PRODUCT, THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OI2;ENTITY TO WHOM IT IS ADDRESSM IF YOU ARE NOT THC INTENDED RECIPIENT, OR THE EMPLOYER OR AGENT RESPONSIDLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY Nt;MFIED THAT ANY USE, DISSFIAINATION. DISTRIBUTION OR COPYING OF TMIS COMMUNICATION IS STRICTLY PROMBITED. IF YOU HAVE IRCCEIVED THE FACSIMILE IN ERROR, F'LEASM IMMEDIATELY NOTIFY US BY TELEPHONE,AND RETURN THE ORIGINAL ME55ACE TO US AT TINE ADD£ESS ABOVE BY THE U.S.POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL OUR OFFICE SERVICES MANAGER AT(925)930-6600 AS SOON AS POSSIBLE. t: West Contra Costa Realtheare District Ballot Statement To prevent the life threatening shut-dawn of the West Contra,Costa Healthcare District's only full service emergency room,which serves all West County residents, and prevent the closure of this community's local hospital so that victims of heart attacks,strokes,car accidents,burns,toxic chemical releases and other inedical emergencies receive rapid, response medical care, shall an annual special property tax be authorized with all revenue staying in our community for local emergency and healthcare services and facilities? BOoSMV342947-i FORMAL NOTICE OF PARCEL TAX ELECTION 54 MAR 15 P _2y_39 NOTICE IS HEREBY GIVEN to the qualified electors of the West Contra Costa Unified School District of Contra Costa County, Californi' , J �� e provisions of the Education Code and the Government Co e o t e tate of ah ornra, an election will be held on June 8, 2004, for the purpose of submitting to the qualified electors of the District the proposition summarized as follows: To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance',core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.2¢ per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? By execution of this formal Notice of Election the County Superintendent of Schools of Contra Costa County orders consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The County Superintendent of Schools of Contra Costa County, by this Notice of Election, has called the election pursuant to a Resolution and Order of the Board of Education of the West Contra Costa Unified School District adopted March 12,2004, in accordance with the provisions of Education Code Sections 5302, 5325 and 5361. IN WITNESS WHEREOF, I have hereunto set my hand this day,March 12, 2004. CL IV— for Joseph A. Ovick Ed.D, County Superintendent of Schools Contra Costa County, California ORIGINAL 4 WE'-�T CONTRA COSTA UNIFIED SCHOOL DISTRICT' „ ca RESOLUTION #91-0304 ,� x RESOLUTION OF THE BOARD OF EDUCATION OF THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT CALLING AN ELECTION, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON JUNE 8, 2004 WHEREAS, the West Contra Costa Unified School District ("District”) is committed to offering a high-quality educational program to all students in the District, and due to inadequate state funding, increased local revenues are necessary to meet this goal; and WHEREAS, California Constitution, Article XIIIA, section 4 and Government Code section 50075 et seq. authorize school districts, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property in the District for the purposes of providing quality educational programs in the District and other lawful purposes of the District; and WHEREAS, an adequately funded and well-developed public education program provides numerous benefits and advantages to all of the residents of the community; and WHEREAS, in the judgment of this Board, following public hearing and comment, it is advisable to request that the Contra Costa County Registrar of Voters call an election and submit to the voters of the District the question whether the District shall levy a special tax within the District for the purpose of raising additional revenue for the District; and WHEREAS, the purpose of the special tax shall be to improve the quality of education in the District by supporting the following programs: • Restoring library services and athletic programs, • Maintaining reduced class sizes for kindergarten through third gradestudents, • Purchasing textbooks and teaching materials for all students, • Attracting and retaining qualified teachers, aides and counselors and maintaining counselors for all secondary school students, • Enhancing core subjects including reading, writing, mathematics and science, and • Improving the cleanliness and good order of our school sites by maintaining and/or increasing custodial and maintenance personnel. ORIGINAL WHEREAS, pursuant to Education Code section 5342 and Elections Code sections 10400, 10402 and 10403 such election may be completely or partially consolidated with any other election held on the same day and in the same territory or territory that is in part the salve. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. Resolution Constitutes Order of Election. That this resolution shall constitute an order of election pursuant to Education Code Section 5320 et seq. Section 2. Date and Purpose of Measure. Pursuant to Section 4 of Article XIIIA of the California Constitution and Government Code section 50077, a special election shall be held within the boundaries of the District on Tuesday, June 8, 2004, for the purpose of voting on a proposition, a copy of which is attached hereto and marked Exhibit A, containing the question of whether the District shall impose a parcel tax for the purposes stated therein. In addition, the full text of the ballot proposition(the"Full Ballot Text") attached hereto and marked Exhibit B shall appear in the ballot pamphlet. The parcel tax shall be a tax of 7.2 cents per square foot of total building area on each parcel of taxable real property within the District or a tax of$7.20 per unimproved parcel of taxable real property. The District shall provide the Contra Costa County Treasurer-Tax Collector a report indicating the parcel number and amount of tax for each parcel of taxable real property. The number of square feet of total building area on improved real',property shall be obtained from the Contra Costa County Tax Assessor. If that information is missing from the tax assessor's records, the number of square feet of total building area shall be based upon the records of the building department for the applicable jurisdiction. The parcel tax shall be collected by the Contra Costa County Treasurer-Tax Collector at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the Treasurer-Tax Collector. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The collection of the parcel tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof. "Parcel of taxable real property" shall be defined as any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the Contra Costa County Treasurer-Tax Collector's Office. All property that is otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the parcel tax in such year. Parcels owned and occupied by eligible persons 65 years of age or older who apply to the District pursuant to an administrative review process are exempt from the parcel tax. The District shall annually provide a list of parcels that the District has approved for a Senior Citizen Exemption from the parcel tax as described above to the Contra Costa County tax collection officials. The Contra Costa County Tax Assessor's determination of exemption or relief of any parcel from taxation for any reason other than the Senior Citizen Exemption shall be final and binding for the purposes of the parcel tax. Taxpayers wishing to challenge the County Assessor's determination must do so under _.. . ........ ......... _ _ .......... .........._............ _..__... ......... .... ... .. _ ......... ......... ........_ . ............................................................... the procedures for correcting a misclassification of property pursuant to Section 487/6.5 of the California Revenue and Taxation Code or other applicable procedures. Taxpayers seeking a refund of parcel taxes paid shall follow the procedures applicable to property tax refunds pursuant to the California Revenue and Taxation Code. Section 3. Authority for Ordering Election. That the authority for ordering the election is contained in Section 50075 et seq. of the Government Code and iSection 4 of Article XIIIA of the California Constitution. Section 4. Authority for Specifications. That the authority for the specification of this election order is contained in Section 5322 of the Education Code. Section 5. Resolution to County Registrar and Clerk and County Superintendent of Schools. That the Clerk of the Board is hereby directed to cause certified copies of this Resolution and Order to be delivered not later than March 12, 2004, to the Contra Costa County Superintendent of Schools and not later than March 12, 2004, to the Contra Costa County Registrar of Voters (the "County Registrar"), as the officer conducting the election, and to the Contra Costa County Clerk of the Board of Supervisors(the "County Clerk"). Section f. Formal Notice. That the Contra Costa County Superintendent of Schools is hereby requested to prepare and execute a Formal Notice of Parcel Tax Election and consolidation order in substantially the form attached hereto as Exhibit C (the "Formal Notice"), and to call the election by causing the Formal Notice to be posted pursuant to Section 5362 of the Education Code by March 12, 2004, or to otherwise cause the notice to be published as permitted by law. The Clerk of the Board, on behalf of and as may be requested by the County Superintendent of Schools, is authorized to cause all notices required by law in connection herewith to be published and posted, as the case may be. Section 7. Full Ballot Text. That the Board hereb ` es to include within the ballot pamphlet the Full Ballot Text attached heret as Exhibit B, 4hich is hereby approved and adopted by the Board. Section 8. Conduct of Election. (a)Request to Registrar of Voters. Pursuant to Section 5303 of the Education Code, the Registrar of Voters is requested to take all steps to hold the election in accordance with law and these specifications. (b) Voter Pamphlet. That the Registrar of Voters is hereby requested to reprint the measure in its entirety(the Full Ballot Text located in Exhibit B) in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the Full Ballot Text of the measure will not be reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the measure, in no less than 10-point boldface type, a legend substantially as follows: The above statement is an impartial analysis of Measure T. If you desire a copy of the measure, please call the Contra Costa County Registrar of Voters at (phone number) and a copy will be mailed at no cast to you. (c) Consolidation. That the County Registrar and the Contra Costa County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 8, 2004, within the District. (d) Canvass of Results. That the Board of the Supervisors of the County is authorized to canvass the returns of the election pursuant to Section 10411 of the Elections Code. Section 9. Appropriations Limit. That the Board of Education shall provide in each year(pursuant to Section 7902.1 of the Government Code or any successor',provision of law) for any increase in the District's appropriations limit as shall be necessary to ensure that proceeds of the parcel tax may be spent for the authorized purposes. Section 10. Ballot Arguments. That the President of this Board and/or his designees are hereby authorized to prepare and file with the Registrar of Voters a ballot argument in favor of the proposition contained in Exhibit A hereto, or act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument, each within the time established by the Registrar of Voters, which shall be considered the official ballot arguments of this Board as sponsor of the proposition. Section 11. Official Actions. That the Superintendent, President of the .Board, or their designees are hereby authorized to execute any other document and to perform all acts necessary to place the tax measure on the ballot including making alterations in the ballot language stated in Exhibits A and B hereto to comply with requirements of law and election officials. Section 12. Effective Date. That this resolution shall take effect from and after its adoption. ADOPTED, SIGNED and APPROVED by the Board of Education of the West Contra Costa Unified School District on the 12th day of March, 2004, by the following vote: AYES: NOES: ABSTENTIONS: President of the Governing Board of the West Contra Costa Unified School District ......... ......... ......... ......... .......__ ........ ..... ........ ........ ............ .........._.... ....._... ......... ......... ......... Attested to: Clerk of the Governing Board of the Fest Contra Costa Unified School District EXHIBIT B FULL BALLOT TEXT The following is the full ballot text of the proposition to be presented to the;voters by the West Contra Costa Unified School District in the ballot pamphlet: To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.2¢ per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? The purpose of the special tax is to improve the quality of educationin the District by supporting the following programs: • Restoring library services and athletic programs, • Maintaining reduced class sizes for kindergarten through third grade, • Purchasing textbooks and teaching materials, • Attracting and retaining qualified teachers, aides and counselors, • Enhancing core subjects including reading, writing, mathematics and science, and • Improving custodial service to keep bathrooms and other facilities clean and in good condition. An exemption shall be granted annually on any single family residential parcel or multi-family dwelling unit owned by one or more persons 65 years of age or older who occupies said parcel or unit as a principal residence, upon annual applications to the District for exemption. Pursuant to California Constitution article XIIIB and applicable laws, the appropriations limit for the District will be adjusted periodically by the aggregate sum collected by levy of this special tax. Accountability The proceeds of the special tax shall be applied only for the specific purposes identified above. The proceeds of the special tax shall be deposited into an account, which shall be kept separate and apart from other accounts of the District. No later than January 1 of each year while the tax is in effect, commencing January 1, 2005, the chief fiscal officer of the District shall prepare and file with the Board of Education: a report detailing the amount of funds collected and expended during the prior fiscal year, and the ................................................ ...................................................................... EXHIBIT A ABBREVIATED TEXT OF MEASURE To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.20 per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? ....................... EXHIBIT C FORM OF FORMAL NOTICE OF PARCEL TAX ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the West Contra Costa Unified School District of Contra Costa County, California, that in accordance with the provisions of the Education Code and the Government Code of the State of California.,an election will be held on June 8, 2004, for the purpose of submitting to the qualified electors of the District the proposition summarized as follows: To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance cure subjects; restore library services and athletic programs; and improve custodial,services, shall West Contra Costa Unified School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.2¢ per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? By execution of this formal Notice of Election the County Superintendent of Schools of Contra Costa County orders consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The County Superintendent of Schools of Contra Costa County, by this Notice of Election, has called the election pursuant to a Resolution and Order of the Board of Education of the West Contra Costa Unified School District adopted March 12, 2004, in accordance with the provisions of Education Code Sections 5302, 5325 and 5361. IN WITNESS WHEREOF, I have hereunto set my hand this day, March 12, 2004. for Joseph A. Ovick, Ed.D. County Superintendent of Schools Contra Costa County, California FORMAL: NOTICE OF PARCEL TAX ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the WestContra Costa Unified School District of Contra Costa County, California., that in accordance with the provisions of the Education Code and the Government Code of the State of California, an election will be held on June 8, 2004, for the purpose of submitting to the qualified electors of the District the proposition summarized as follows: To maintain reduced class sizes;purchase textbooks and teaching Materials; attract and retain qualified teachers, aides and counselors; enhance core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.2¢per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? By execution of this formal Notice of Election the County Superintendent of Schools of Contra Costa County orders consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The County Superintendent of Schools of Contra Costa County,by this Notice of Election,has called the election pursuant to a Resolution and Order of the Board of Education of the West Contra Costa Unified School District adopted March 12,2004, in accordance with the provisions of Education Code Sections 5302, 5325 and 5361. IN WITNESS WHEREOF, I have hereunto set my hand this day, March 12, 2004. for Jose h A. Ovick Ed.D. County Superintendent of Schools Contra Costa County, California ORIGINAL WEST CONTRAI. COSTA UNIFIED SCHOOL DISTRICT RESOLUTION # 91-0304 RESOLUTION OF THE BOARD OF EDUCATION OF THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT CALLING AN ELECTION, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON JUNE 8, 2004 WHEREAS, the West Contra Costa Unified School District ("District') is committed to offering a high-quality educational program to all students in the District, and due to inadequate state funding, increased local revenues are necessary to meet this goal; and WHEREAS, California Constitution, Article XIIIA, section 4 and Government Code section 50075 et seq. authorize school districts, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property in the District for the purposes of providing quality educational programs in the District and other lawful purposes of the District; and WHEREAS, an adequately funded and well-developed public education program provides numerous benefits and advantages to all of the residents of the community; and WHEREAS, in the judgment of this Board, following public hearing and comment, it is advisable to request that the Contra Costa County Registrar of Voters call an election and submit to the voters of the District the question whether the District shall levy a special tax within the District for the purpose of raising additional revenue for the District; and WHEREAS, the purpose of the special tax shall be to improve the quality of education in the District by supporting the following programs: • Restoring library services and athletic programs, • Maintaining reduced class sizes for kindergarten through third grade students, • Purchasing textbooks and teaching materials for all students, • Attracting and retaining qualified teachers, aides and counselors and maintaining counselors for all secondary school students, • Enhancing core subjects including reading, writing, mathematics and science, and • Improving the cleanliness and good order of our school sites by maintaining and/or increasing custodial and maintenance personnel. ORIGINAL WHEREAS, pursuant wo Education Code section 5342 and Elections Code sections 10400. 1040: and 10403 such election may be completely or partially consolidated with any other election held on the same day and in the same territory or territory that is in part the same. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; Section L Resolution Constitutes Order of Election. That this resolution shall constitute an order of election pursuant to Education Code Section 5320 et seq. Section 2. Date and Purpose of Measure. Pursuant to Section 4 of Article XIIIA of the California Constitution and Government Code section 50077, a special election shall be held within the boundaries of the District on Tuesday, June 8, 2004, for the purpose of voting on a proposition, a copy of which is attached hereto and marked Exhibit A, containing the question of whether the District shall impose a parcel tax for the purposes stated therein. In addition,the full text of the ballot proposition(the"Full Ballot Text") attached hereto and marked Exhibit B shall appear in the ballot pamphlet. The parcel tax shall be a tax of 7.2 cents per square foot of total building area on each parcel of taxable real property within the District or a tax of$7.20 per unimproved parcel of taxable real property. The District shall provide the Contra Costa County Treasurer-Tait Collector a report indicating the parcel number and amount of tax for each parcel of taxable real property. The number of square feet of total building area on improved real;property shall be obtained from the Contra Costa County Tax Assessor. If that information is missing from the tax assessor's records, the number of square feet of total building area shall be based upon the records of the building department for the applicable jurisdiction. The parcel tax shall be collected by the Contra Costa County Treasurer-Tax Collector at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the Treasurer-Tax Collector. Unpaid taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The collection of the parcel tax shall not decrease the funds available from other sources of the District in any period from the effective date hereof. "Parcel of taxable real property" shall be defined as any unit of real property in the District that receives a separate tax bill for act valorem property taxes from the Contra Costa County Treasurer-Tax Collector's Office. All property that is otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the parcel tax in such year. Parcels owned and occupied by eligible persons 65 years of age or older who apply to the District pursuant to an administrative review process are exempt from the parcel tax. The District shall annually provide a list of parcels that the District has approved for a Senior Citizen Exemption from the parcel tax as described above to the Contra Costa County tax collection officials. The Contra Costa County Tax Assessor's determination of exemption or relief of any parcel from taxation for any reason other than the Senior Citizen Exemption shall be final and binding for the purposes of the parcel tax. Taxpayers wishing to challenge the County Assessor's determination must do so under the procedures "or correctlncr a misclassification of property pursuant to Section 4876.5 of the California Revenue and Taxation Code or other applicable procedures. Taxpayers seeking a refund of parcel taxes paid shall follow the procedures applicable to property tax refunds pursuant to the California Revenue and Taxation Code. Section 3. Authority for Ordering Election. That the authority for ordering the election is contained in Section 50075 et seq. of the Government Code and Section 4 of Article XIIIA of the California Constitution. Section 4. Authority for Specifications. That the authority for the specification of this election order is contained in Section 5322 of the Education Code. Section S. Resolution to County Registrar and Clerk and County Superintendent of Schools. That the Clerk of the Board is hereby directed to cause certified copies of this Resolution and Order to be delivered not later than March 12, 2004, to the Contra Costa County Superintendent of Schools and not later than March 12, 2004, to the Contra Costa County Registrar of Voters(the "County Registrar"), as the officer conducting the election, and to the Contra Costa County Clerk of the Board of Supervisors(the"County Clerk"). Section 6. Formal Notice. That the Contra Costa County Superintendent of Schools is hereby requested to prepare and execute a Formal Notice of Parcel Tax Election and consolidation order in substantially the form attached hereto as Exhibit C (the "Formal Notice"), and to call the election by causing the Formal Notice to be posted pursuant to Section 5362 of the Education Code by March 12, 2004, or to otherwise cause the notice to be published as permitted by law. The Clerk of the Board, on behalf of and as may be requested by the County Superintendent of Schools, is authorized to cause all notices required by law in connection herewith to be published and posted, as the case may be. Section 7. Full Ballot Text. That the Board hereby determines to include within the ballot pamphlet the Full Ballot Text attached hereto as Exhibit B, which is hereby approved and adopted by the Board. Section 8. Conduct of Election. (a)Request to Registrar of Voters. Pursuant to Section 5303 of the Education Code, the Registrar of Voters is requested to take all steps to hold the election in accordance with law and these specifications. (b) Voter Pamphlet. That the Registrar of Voters is hereby requested to reprint the measure in its entirety (the Full Ballot Text located in Exhibit B) in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the Full Ballot Text of the measure will not be reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the measure, in no less than 10-point boldface type, a legend substantially as follows: The above statement is an impartial analysis of Measure T. If you desire a COPY of the measure, please call the Contra Costa County Registrar of Voters at (phone number) and a copy will be mailed at i.,o cost to you. (c) Consolidation. That the County Registrar and the Contra Costa County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 8, 2004, within the District. (d) Canvass of Results. That the Board of the Supervisors of the County is authorized to canvass the returns of the election pursuant to Section 10411 of the Elections Code. Section 9. Appropriations Limit. That the Board of Education shall provide in each year(pursuant to Section 7902.1 of the Government Code or any successorprovision of law) for any increase in the District's appropriations limit as shall be necessary to ensure that proceeds of the parcel tax may be spent for the authorized purposes. Section 10. Ballot Arguments. That the President of this Board and/or his designees are hereby authorized to prepare and file with the Registrar of Voters a ballot argument in favor of the proposition contained in Exhibit A hereto, or act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument, each within the time established by the Registrar of Voters, which shall be considered the official.ballot arguments of this Board as sponsor of the proposition. Section 11. Official Actions. That the Superintendent, President of the Board, or their designees are hereby authorized to execute any other document and to perforin all acts necessary to place the tax measure on the ballot including making alterations in the ballot language stated in Exhibits A and B hereto to comply with requirements of law and election officials. Section 12. Effective Date. That this resolution shall take effect from and after its adoption. ADOPTED, SIGNED and APPROVED by the Board of Education of the West Contra Costa Unified School District on the 12th day of March, 2004, by the following vote: AYES: NOES: ABSTENTIONS: r President of the Governing Board of the West Contra Costa Unified School Distric Attested to: Clerk of the Governing Board of the West Contra Costa Unified School District EXHIBIT A ABBREVIATED TEXT OF MEASURE To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified School District be authorized to levy, .for 5 years only beginning July 1, 2004,an annual tax of 7.2d per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? EXHIBIT B FULL BALLOT TEXT The following is the full ballot text of the proposition to be presented to the voters by the West Contra Costa Unified School District in the ballot pamphlet; To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.20 per square foot of total building area or $7.20 per vacant parcel, with an exemption for eligible seniors? The purpose of the special tax is to improve the quality of educationin the District by supporting the following programs: • Restoring library services and athletic programs, • Maintaining reduced class sizes for kindergarten through third grade, • Purchasing textbooks and teaching materials, • Attracting and retaining qualified teachers, aides and counselors, • Enhancing core subjects including reading, writing,mathematics and:science, and • Improving custodial service to keep bathrooms and other facilities clean and in good condition. An exemption shall be granted annually on any single family residential parcel or multi-family dwelling unit owned by one or more persons 65 years of age or older who occupies said parcel or unit as a principal residence, upon annual application to the District for exemption. Pursuant to California Constitution article XIIIB and applicable laws, the appropriations limit for the District will be adjusted periodically by the aggregate sum collected by levy of this special tax. Accountability The proceeds of the special tax shall be applied only for the specific purposes identified above. The proceeds of the special tax shall be deposited into an account, which shall be kept separate and apart from other accounts of the District. No later than January 1 of each year while the tax is in effect, commencing January 1, 2005; the chief fiscal officer of the District shall prepare and file with the Board ofEducation a report detailing the amount of funds collected and expended during the prior fiscal year, and the status of anv project or description of any programs authorized to be Funded by this Treasure. Parcel Tax funds shall also be subject to an annual independent financial audit which shall be made public, including by posting on the District's website:. Basis of Tax The parcel tax shall be an annual tax of 7.2 cents per square foot of total building area on each parcel of taxable real property within the District or a tax of$7.20 per unimproved parcel of taxable real property. The District shall provide the Contra Costa County Treasurer-Tax Collector a report indicating the parcel number and amount of tax for each parcel of taxable real property. The number of square feet of total!building area on improved real property shall be obtained from the Contra Costa County Tax Assessor. If that information is missing from the tax assessor's records,the number of square feet of total building area shall be based upon the records of the building department for the applicable jurisdiction. Definition of Parcel of Taxable Real Property "Parcel of taxable real property„ shall be defined as any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the Contra Costa County Treasurer-Tax Collector's Office. All property that is otherwise exempt from or on which are levied no ad valorem property taxes in any year shall also be exempt from the parcel tax in such year. Parcels owned and occupied by persons 65 years of age or older are exempt from the parcel tax as described above. Severability The Board of Education hereby declares, and the voters by approving this measure concur, that every section and part of this measure has independentvalue, and the Board of Education and the voters would have adopted each provision hereof regardless of every other provision hereof. Upon approval of this measure by the voters, should any part be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts hereof shall remain in full force and effect to the fullest extent allowed by law. EXHIBIT C FORNI OF FORMAL NOTICE OF PARCEL TAX ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the West Contra Costa Unified School District of Contra Costa County, California, that in accordance with the provisions of the Education Code and the Government Code of the State of California,an election will be held on June 8, 2004, for the purpose of submitting to the qualified electors of the District the proposition summarized as follows: To maintain reduced class sizes; purchase textbooks and teaching materials; attract and retain qualified teachers, aides and counselors; enhance core subjects; restore library services and athletic programs; and improve custodial services, shall West Contra Costa Unified ,School District be authorized to levy, for 5 years only beginning July 1, 2004, an annual tax of 7.20 per square foot of total building area or$7.20 per vacant parcel, with an exemption for eligible seniors? By execution of this formal Notice of Election the County Superintendent of Schools of Contra Costa County orders consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The County Superintendent of Schools of Contra Costa County,by this Notice of Election,has called the election pursuant to a Resolution and Carder of the Board of Education of the West Contra Costa Unified School District adopted March 12, 2004, in accordance with the provisions of Education Code Sections 5302, 5325 and 5361. IN WITNESS WHEREOF, I have hereunto set my hand this day, March 12, 2004. -- for Joseph A. {hick.Ed.U. County Superintendent of Schools Contra Costa County, California