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HomeMy WebLinkAboutMINUTES - 04042006 - C.104 TO: BOARD OF SUPERVISORS rw F_--°� Contra FROM: Stephen L. Weir, County Clerk-Recorder o Is Costa County s> DATE: March 27, 2006 a ciiot+'� SUBJECT: Approve Consolidation Requests for the June 6, 2006 Primary Election O SPECIFIC REQUEST(S)OR RECOMMENDATIONS)AND BACKGROUND AND JUSTIFICATION 4 REQUEST(S): Approve the consolidation requests as on file in the Contra Costa Elections Department from the following jurisdictions for the June 6, 2006 Primary Election. SCHOOLS: Contra Costa Community College District 1 Measure Byron Union School District 1 Measure John Swett Unified School District1 Measure 1 Measure SPECIAL DISTRICTS: Crockett Community Service District 1 Measure Kensington Police Protection Community Services District 1 Measure FINANCIAL IMPACT: REASONS FOR RECOMMENDATION/BACKGROUND: CONSEQUENCES OF NEGATIVE ACTION: CONTINUED ON ATTACHMENT: ❑ Yes SIGNATURE: Candy oyez,A sistan egistrar RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION ON BOARD ON D4 16�o (6, APPROVED AS RECOMMENDED OTHER 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. I ATTESTED: 04 f7V>Ve.t. JOHN CULL N,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATORi BY: cc: Elections Office DE UTY \\Cocsgl01 blared d=.ents\ELECTI0M20D6\060606 Electioo\Board of 5upmlmm\ConsolidaGonRequest_BdOWer.0oc 7 Governing Board e _ Chancellor t j L 41t teen Benjamin John-r.Nejedly,President David N.MacDiarmid,Vice President DppColl@ge Presidents Jo Ann Cookman,Secretary Contra Costa NcKikyWiltia& 1&mt6 Tomi Van de Brooke Diaalo Valley College Mark G.Edelstein Sheila A.Grilli "U TSok iWdtlaaoSjC��1]e LPA •!)"iar�i@; March 8, 2006 Mr. Stephen L Weir County Clerk-Recorder Contra Costa County 524 Main Street Martinez, CA 94553 RE: Resolution for a Capital Facilities Bond for the Contra Costa Community College District Dear Mr. Weir: In accordance with state law and county ordinance,please find enclosed the original resolution passed by the Governing Board of the Contra Costa Community College District at a special meeting held on Monday, March 6, 2006. This resolution was passed in order to place a capital facilities bond measure on the June 2006 primary ballot. CO Pursuant to instructions from staff in your office, I am informing you that there have been no' changes to e boundaries of the`Contra Costa Community C611e e Disirici sizice the last ° r - a gig th'_ Y g 1 A election.., If you have any questions about this resolution, please contact Ted Wieden, Special Assistant to the Chancellor at (925) 229-1000, ext. 1287. Thank you for your assistance in this matter. Sincerely yours, Helen Benjamin, Chancellor HB:TW:pk Enclosure Contra Costa Community College District 500 Court Street,Martinez,California 94553 (925)229-1000,ext. 1210 fax(925)370-2019 hhenjamin©4ed.net www.4cd.net RESOLUTION OF THE GOVERNING BOARD OF THE - L E CONTRA COSTA COMMUNITY COLLEGE DISTRICTORDERING BOND ELECTION, AND AUTHOR ' NECESSARY ACTIONS IN CONNECTION T ERIEW TH J� y Ll 1PL'r�.In WHEREAS, the Governing Board (the 'Board") of the Contra Costa Community College District (the "District'), within the County of Contra Costa, California (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the Education Code of the State of California (the "Education Code"); and WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the California Constitution, and Section 15266 of the Education Code, college districts may seek approval of general obligation bonds and levy an ad valorem tax to repay those bonds upon a 55% ,a vote of those voting on a proposition for the purpose, provided certain accountability measures are ` d % included in the proposition; and =� WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors to be approved by 55% of the votes cast; and WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election, or special election, or at a regularly scheduled local election, as required by Section 15266 of the Education Code; and WHEREAS, on June 6, 2006, a statewide primary election is scheduled to be conducted throughout the District; and WHEREAS, if approved by voters, the bonds may not be issued unless the Board projects that the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the limit prescribed by Education Code Section 15270; and WHEREAS, Section 9400 et seg. of the Elections Code of the State of California (the f "Elections Code") requires that a tax rate statement be contained in all official materials, including any ballot pamphlet prepared, sponsored or distributed by the District, relating to the election; and WHEREAS, the Board now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election; NOW, THEREFORE, be it resolved, found, determined and ordered by the Governing Board of the Contra Costa Community College District as follows: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Specifications of Election Order: Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, a special election shall be held within the boundaries of the Contra Costa Community College District on June 6, 2006, for the purpose of submitting to the registered voters of the District the following proposition: CONTRA COSTA COMMUNITY COLLEGE FACILITIES MODERNIZATION BOND OF 2006 N•.. �r This Proposition may be known and referred to as the "Contra Costa Community /College Facilities Modernization Bond of 2006" or as "Measure ". .JdesignationatoaR5�- -assigned-bj�-CountyrRegistrar_of-Voters] BOND AUTHORIZATION By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Contra Costa Community College District shall be authorized to issue and sell bonds of up to $286,500,000 in aggregate principal amount to provide financing for the -- , specific facilities projects listed in the Bond Project List attached hereto as Exhibit A, ., subject to all of the accountability safeguards specified below. Proceeds from the sale of bonds authorized by this proposition shall be used only ` for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary or incidental to the bond projects. ACCOUNTABILITY SAFEGUARDS e } The provisions in this section are specifically included in this proposition in order that the Contra Costa Community College District's voters and .taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the Contra Costa Community College District, all in compliance with the requirements of Article XIII A, Section 1(b)(3) of the State Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following). Evaluation of Needs. The Governing Board has prepared an updated facilities plan in order to evaluate and address all of the facilities needs of the Contra Costa Community College District at each campus and facility, and to determine which projects to finance from a local bond at this time. The Governing Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A. Independent Citizens' Oversight Committee. The Governing Board shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent only for the community college facilities projects listed in Exhibit A. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Governing Board. Annual Performance Audits. The Governing Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the community college facilities projects listed in Exhibit A. Annual Financial Audits. The Governing Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the community college facilities projects listed in Exhibit A. 2 Special Bond Proceeds Account, Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Governing Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Chancellor of the District shall cause a report to be filed with the Board no later than December 31 of each year, commencing December 31, 2006, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Chancellor shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board. BOND PROJECT LIST The Bond Project List attached to this resolution as Exhibit A shall be considered a part of this ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition. The Bond Project List describes the specific projects the Contra Costa.Community . College District proposes to finance with proceeds of the bonds. Listed construction projects, repairs, rehabilitation projects and upgrades will be completed as needed at a particular District site according to District-established priorities. Bond program expenditures will include items such as costs of the election and bond issuance, architectural, engineering, inspection and similar planning costs, construction,management (whether performed by the District or by third parties), annual financial and performance audits, a customary contingency for unforeseen design and construction costs, and other costs incidental to and necessary for completion of the listed projects. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured. Until all project costs and funding sources are known, the Chancellor cannot determine the amount of bond proceeds available to be spent on each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Some projects may be subject to further government approvals by State officials and boards, and to local environmental review. For these reasons, inclusion of a project on the Bond Project List is not a guarantee that the project will be completed. FURTHER SPECIFICATIONS '{ Specific Purposes. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and shall constitute the specific purposes of the bonds, and proceeds of the bonds t shall be spent only for such purposes, pursuant to Government Code Section 53410. Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest will be made payable at the J f time or times permitted by law. The bonds may be issued and sold in several series, and no j bond shall be made to mature more than 25 years from the date borne by that bond. Oh Section 3. Abbreviation of Proposition: Pursuant to Section 13247 of the Elections R Code and Education Code Section 15122, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot: �+ 1) . .! 3�"To renovate aging college facilities (making energy savings, safety, and handicapped accessibility improvements), and update facilities 3 used by transfer, career and vocational students (for math, science, >0 Al nursing, technology and other programs) at Contra Costa College, 7 Diablo Valley College, Los Medanos College, the San Ramon Valley ; and Brentwood centers, shall the Contra.Costa Community College District issue $286,500,000 of bonds at legal interest rates with annual audits and a citizens' oversight committee to monitor. spending?" �. Section 4 Voter Pamphlet: The,,Regis#car of Voter$xof�the C�ou tyheeebyt requested-to reprint-the°full text of-_tile-propositianq which is rsal{ ofahat portion of;Section'2ihereof 7x; earn i , "`` �_ .--. Sapp: g ,n bold=face type,yinclud�ng-Exhibit A hereto rn the voter information pamphlet to be aisf�Ibutisd'to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the proposition is not reprinted in the voter information pamphlet, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows: "The above statement is an impartial analysis of Measure . 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 cost to you." �_.....r.-..�...._,_.,-tee '.+."•• l Section 5: No State Matching Funds.iThe District has determined that the projects tr' to be funded from the proposed bonds will not require State matching funds for any phase thereof, ,E P and that Section 15122.5 oftheEducation Code:does not apply to the proposition. Section 6. Required Vote: Pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the State Constitution, the above proposition shall become effective- upon the affirmative vote of at least 55% of those voters voting on the proposition. Section 7. Request to County Officers to Conduct Election: The Registrar of Voters of the County is hereby requested, pursuant to Section 5322 of the Education Code, to take all steps to call and hold the election in accordance with law and these specifications. Section 8. Consolidation Requirement; Canvass: (a) Pursuant to Education Code Section 15266(a), the election shall be consolidated with the statewide primary election on June 6, 2006, and pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the Registrar of Voters and the Board of Supervisors of the County are hereby requested to order 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. (b) The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to Section 10411 of the Elections Code. Section 9. Delivery of Order of Election to County Officers: The Secretary of the Governing Board of the District is hereby directed to cause to be delivered, no later than March 10, 2006 (which date is not fewer than 88 days prior to the date set for the election), one certified copy of this Resolution to the Registrar of Voters of the County together with the Tax Rate Statement d (attached hereto as Exhibit B), completed and signed by the Chancellor, and to cause a second `` ,',, certified copy of this Resolution to be filed with the Clerk of the Board of Supervisors of the County. i. lJ Section 10. Ballot Arguments: The President of this Board, or any member or members of this Board as the President shall designate, are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the proposition contained 4 in Section 2 hereof, within the time established by the Registrar of Voters, which .shall be considered the official ballot argument of this Board as sponsor of the proposition. Section 11. Further Authorization: The members of this Board, the Chancellor, the Vice Chancellor, Finance and Administration, and all other officers of the District are hereby authorized and directed, individually and collectively, to do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution. Section 12. Effective Date: This Resolution shall take effect.upon its adoption. PASSED AND ADOPTED this day, March 6, 2006, by the following vote: AYES: S. Grilli , D. MacDiarmid, J. Nejedly, J. Cookman, T. Van de Brooke NOES: ABSTAIN: ABSENT: APPROVED: John T. Neje ly den Presit of the Governing Board of the Contra Costa Community College District Attest: Jo nn Cookman Secretary of the Governing Board of the Contra Costa Community College District SECRETARY'S CERTIFICATE I, Secretary of the Governing Board of the Contra Costa Community College District, of the County of Contra Costa, California, hereby certify as follows: The attached is a full, true and correct copy of a resolution duly adopted at a special meeting of the Governing Board of the District duly and regularly held at the regular meeting place thereof on March 6, 2006, and entered in the minutes thereof, of which meeting all of the members of the Governing Board had due notice and at which a quorum thereof was present. The resolution was adopted by the following vote: AYES: S. Grilli , D. MacDiarmid, J. Nejedly, J. Cookman, T. Van de Brooke NOES: 5 ABSTAIN: ABSENT: An agenda of the meeting was posted at least 72 hours beforehand at 500 Court Street, Martinez, California, a location freely accessible to members of the public, and a brief description of the adopted resolution appeared on the agenda. A copy of the agenda is attached hereto. At least 24 hours before the time of said meeting, a written notice and agenda of the I meeting was mailed and received by or personally delivered to each member of the Governing Board not having waived notice thereof, and to each local newspaper of general circulation, radio, and television station requesting such notice in writing, and was posted in a location freely i accessible to members of the public, and a brief description of the resolution appeared on said agenda. I have carefully compared the same with the original minutes.of the meeting on file and of record in my office. The resolution has not been amended, modified or rescinded since the date of its adoption, and the same is now in full force and effect. WITNESS my hand this 6th day of March, 2006. Jo Ann Cookman Secretary of the Governing Board Contra Costa Community College District 6 EXHIBIT A CONTRA COSTA COMMUNITY COLLEGE DISTRICT BOND PROJECT LIST ALL COLLEGES • Replace and upgrade aging sewer, water and gas lines and make other infrastructure improvements as needed • Make district classrooms, buildings and facilities accessible to those with disabilities and compliant with the Americans with Disabilities Act. • Renovate and, as needed, complete health and fitness facilities, including physical education classrooms, facilities and fields. • Upgrade and improve the.communications, network and wireless technology. • Add solar power, conservation and sustainable energy systems where appropriate. CONTRA COSTA COLLEGE (San Pablo) • Expand and improve the 34-year-old Nursing and Allied Medical Training Center in the Health Science Building. • Remodel the 50-year-old Life & Physical Science Complex including the Biology Building and Physical Sciences Laboratories. • Create additional mathematics, tutoring and speech facilities by moving the Culinary Arts Department from the Applied Arts Building to the Student Activities Building, and complete the necessary renovation of each building. • Complete the renovation of the Music and Digital Recording Facility. • Address the seismic safety of the Humanities Building and Fine Arts/Multimedia Facility which may involve demolition and reconstruction or renovation. DIABLO VALLEY COLLEGE (Pleasant Hill) • Remodel the 35-year-old Engineering and Technology Building • Construct a new Student Success Center Facility, which will involve the demolition of the 50-year-old Business Education Building. • Reconstruct the 50-year-old Hotel and Restaurant Management/ Student Center Facilities. LOS MEDANOS COLLEGE (Pittsburg) • Expand and improve.the Nursing and Medical Training classrooms and labs. •. Complete the renovation of the Student Services Area of the College Complex. • Construct pedestrian and vehicular access to the Math, Science and Library Quad area to improve student access and safety. REGIONAL EDUCATIONAL CENTERS • Create a lab, classroom and other relevant science teaching facilities for the Delta Science Center. • Construct permanent classrooms and other educational facilities to develop the Brentwood Center on land donated to the District. • Acquire land and/or buildings to expand educational facilities and opportunities in Walnut Creek. • Construct a library at the San Ramon Valley Center and continue Phase II construction. 7 Incidental Work Authorized At All Sites (at which Renovation, Major Repairs and/or New Construction to be Completed) Remove hazardous materials, e.g., asbestos, lead, etc., where necessary Address unforeseen conditions revealed by construction/modernization (e.g., plumbing or gas line breaks, dryrot, seismic, structural, etc.) Other improvements required to comply with building codes. Furnishing and equipping —of newly constructed classrooms and facilities — replace worn/broken/out of date furniture and equipment Acquisition of any of the facilities on the Bond Project List through temporary lease or lease- purchase arrangements, or execute purchase option under a lease for any of these authorized facilities. Demolition of existing facilities and reconstruction of facilities scheduled for modernization, if the . Governing Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Rental or construction of temporary classrooms (including relocatables) as needed to house students displaced during construction Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property 8 EXHIBIT B TAX RATE STATEMENT An election will be held in the Contra Costa Community College District (the "District") on June 6, 2006, to authorize the sale of up to $286,500,000 in bonds of the District to finance community college facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California. 1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is nine tenths cents per $100 ($9.00 per$100,000) of assessed valuation in fiscal year 2007-08. 2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is nine tenths cents per$100 ($9.00 per$100,000) of assessed valuation in fiscal year 2013-14. 3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is nine tenths cents per$100 ($9.00 per $100,000) of assessed valuation in fiscal year 2007-08. Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions. The foregoing information is based upon the District's projections and estimates only. The actual tax rates and the years in which they will. apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors, including the legal limitations on bonds approved by a 55% vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process. Dated: March 6 2006. 9} Helen Bp'nf amin i Chancellor Contra Costa Community College District n M." BOARD OF TRUSTEES BYRON UNION SCHOOL DISTRICTRESOLUTION OF THE BOARD OF TRUSTEES OF THE BYRON UNN SCHOOL DISTRICT ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON JUNE 6, 2006 RESOLUTION NO. 01-06 WHEREAS, in the judgment of the Board of Trustees (the `Board") of the Byron Union School District (the "District"), it is advisable to call an election to submit to the electors of the District the question whether bonds of the District shall be issued and sold for the purpose of raising money for the acquisition, construction and improvement of real property, and the furnishing and equipping of school facilities; and WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIII A Section 1 paragraph (b) of the California Constitution ("Article XIII A") provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district approved by fifty-five percent (55%) of the voters of the district voting on the proposition; and WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a fifty-five percent (55%) vote of the electorate on the question whether bonds of the District shall be issued and sold for specified purposes, pursuant to Education Code Section 15264 et seq. (the "Act'); and WHEREAS, pursuant to Section 10403 et seq. of the California Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, June 6, 2006, and to request the Contra Costa County Registrar of Voters to perform certain election services for the District; NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE BYRON UNION SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the maximum principal amount of $19.7 million for the purpose of raising money to finance school facilities and property of the District, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order,of the District to call such election. Section 2. Election Date. The date of the election shall be June 6, 2006, and the election shall be held solely within the boundaries of the District. Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters in the District to vote on a proposition, a full copy of which is attached hereto and marked Exhibit"A", containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XIII A and the requirements of Section 15272 of the Act. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit "B". The Superintendent or his designee is hereby authorized and directed to make any changes to the text of the proposition as required to conform to any requirements of Article XIII A, the Act or the Contra Costa County Registrar of Voters. Section 4. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code and Section 1, paragraph (b), subsection (3) of Article XIII A. The authority for the specification of this election order is contained in Section 5322 of the Education Code. Section 5. School Facilities Projects. As required by Article XIII A, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the list of school facilities projects set forth on Exhibit A. Section 6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIII A and Section 15278 of the Act, in the event fifty-five percent (55%) of the voters in the District approve the issuance of the Bonds, the Board shall: (1) conduct an annual, independent performance audit to ensure that the Bond proceeds have been expended only on the projects listed in Exhibit A; (2) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects listed in Exhibit A; and (3) establish and appoint members to an independent citizens' oversight committee in accordance with Sections 15278, 15280 and 15282 of the Act. Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to the Contra Costa County Superintendent of Schools, the Contra Costa County Registrar of Voters (the "County Registrar") and the Contra Costa County Clerk of the Board of Supervisors. Section 8. Consolidation of Election. 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 6, 2006, within the District. 2 Section 9. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The Superintendent, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot. Section 10. Accountability Measures. As required by Section 53410 of the Government Code, a statement in substantially the following form shall be included on the ballot for the Bonds, and the Board covenants to comply with the reporting requirements contained in Section 53411 of the Government Code: Accountability Measures As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the District's Bond Measure _ (the "Measure"): a) The specific purpose of the bonds is to allow the District to acquire, construct, and improve classrooms and facilities, improving student access to computers and modern technology, making health and safety improvements and making the District eligible to receive State-matching grants; b) The proceeds from the sale of the District's bonds will be used only for the purposes specified in the Measure, and not for any other purpose; c) The proceeds of the Bonds will be deposited into a Building Fund to be held by the Contra Costa County Treasurer, as required by the California Education Code; and d) The Assistant Superintendent, Business of the District shall file an annual report with the Board of Trustees of the District, commencing not later than June 1, 2007, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in the Measure. Section 11. Effective Date. This resolution shall take effect on and after its adoption. 3 PASSED AND ADOPTED this 7th day of March, 2006, by the following vote: AYES: Ken Silman , Kathy Slightam , Dennis Kutsuris , Linda Taylor , Lisa Hultz NOES: ABSENT: < r Cesi ent of the Board of Tru es Byeoln Union School District Contra Costa County, California ATTEST: IC lid JLI Clerk of the Board of Trustees Byron Union School District, Contra Costa County, California I, �_►SA L•�►, ��Z Clerk of the Board of Trustees of Byron Union School District, Contra Costa County, California, do hereby certify that the foregoing is a full, true and correct copy of the Resolution passed and adopted by said Board of Trustees at a regular meeting on the 7th day of March, 2006," and that the minutes of said Board of Trustees shows that five (_5) members of said Board voted for and no (_0_) members of said Board voted against the adoption of said Resolution and the said Resolution is now spread upon the minutes of said Board. Clerk of the Board of Trustees Byron Union School District Contra Costa County, California 4 EXHIBIT A BALLOT MEASURE FULL TEXT OF MEASURE "To improve the quality of education, shall Byron Union School District be authorized to renovate and modernize existing classrooms and school facilities, construct a library for school and community use, build additional classrooms to relieve overcrowding, make health and safety improvements and upgrade electrical systems to improve student access to computers and modern technology by issuing $19,700,000 in bonds within legal interest rates, with a citizens' oversight committee, annual audits and NO money for administrator or teacher salaries?" As required by the California Constitution, the proceeds from the sale of the bonds will be used only for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. BOND PROJECT LIST The Byron Union School District intends to complete the following projects, using a combination of funding sources. It is anticipated that bond proceeds will contribute $19,700,000 to said total cost. Other anticipated sources include developer fees, state aid matching funds, joint use funds, and other available funds. Discovery Bay Elementary School • Upgrade electrical systems and the data network to improve student access to computers and modern technology • Repair classroom, classroom exteriors, fencing, athletic fields and playgrounds • Provide additional restrooms as required • Make ADA (handicapped accessibility) upgrades as required by law • Reorganize student support facilities • Construct a new storage facility Timber Point Elementary School • Construct four additional classrooms to relieve student overcrowding • Construct a new storage facility • Provide additional restrooms as required • Repair classrooms, classroom exteriors, parking lots and adjacent sidewalks • Increase student health and safety by repairing and adding additional fencing A-1 • Provide a portable stage • Upgrade electrical systems and the data network to improve student access to computers and modern technology Byron Intermediate/Excelsior Middle School • Construct nine additional classrooms to relieve student overcrowding • Construct a new library for school and community use • Construct a new storage facility and restrooms • Renovate the existing gym for drama and sports • Construct a new gym and cafeteria/multipurpose room • Reorganize student support facilities • Repair and renovate classrooms, classroom exteriors and parking lots, including making the school entrance road safer • Improve or replace existing science labs and construct one additional lab • Upgrade electrical systems and the data network and add an additional computer lab to improve student access to computers and modern technology • Make ADA (handicapped access) upgrades as required by law Districtwide • Provide or purchase other school furniture and equipment as allowed by law • Address unforeseen conditions revealed by construction/modernization (e.g., plumbing or gas line breaks, dry rot, seismic, structural, etc.) • Renovate, expand, construct, and upgrade student support facilities, as needed • Necessary site preparation/restoration in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms A-2 EXHIBIT B BALLOT MEASURE (ABBREVIATED FORM) "To improve the quality of education, shall Byron Union School District be authorized to renovate and modernize existing classrooms and school facilities, construct a library for school and community use, build additional classrooms to relieve overcrowding, make health and safety improvements and upgrade electrical systems to improve student access to computers and modern technology by issuing $19,700,000 in bonds within legal interest rates, with a citizens' oversight committee, annual audits and NO money for administrator or teacher salaries?" B-1 Tax Rate Statement In Connection With Byron Union School District An election will be held in the Byron Union School District (the "District") on June 6, 2006, to authorize the sale of up to $19,700,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in four series. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California. 1. The best estimate of the tax which would be required to be levied to fund this- bond issue during the firsi fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 2.294 cents per$100 ($22.94 per$100,000) of assessed valuation in fiscal.year 2006-07. 2: The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at die time of filing of this statement, is 2.294 cents per$100 ($22.94 per$100,000) of assessed valuation in fiscal year 2018-19. 3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is 2.294 cents per $100 ($22.94 per $100,000) of assessed valuation. The tax rate is expected to remain the same in each year. Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions. Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the Districi based on the need for construction funds and other factors, including the legal limitations on bonds approved by a 55% vote. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual , j assessment and the equalization process. Dated: 2006 Thomas Meyer Superintendent Byron Union School District OSP SWETT JOHN SWETT UNIFIED SCHOOL DISTRICT A Office of the Superintendent Michael S. Roth s�yooi ost�•�� 341 B Street, Crockett, CA 94525 (510) 787-1141 • FAX (510) 787-2079 RECEIVED March 2, 2006 MAR 0 3 2006 CLERK BOARD Or:SUPERVISORS CONTRA COSTA Co. John Sweeten Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, 11`h Floor Martinez, CA 94553 Re: Notice and Copy of Resolution Ordering a Parcel Tax Election within John Swett Unified School District for June 6, 2006 Election Dear Mr. Sweeten: The John Swett Unified School District ("District') has adopted a Resolution Calling a Parcel Tax Election for June 6, 2006 ("Resolution"). Please find a certified copy of the Resolution and an executed Formal Notice of Parcel Tax Election ("Notice") signed by the Contra Costa County Superintendent of Schools attached for your convenience. The District has posted a copy of the Notice at each school in the District and in three additional public places on behalf of the County Superintendent of Schools. Please contact the undersigned if you have any questions. Thank you, Michael S. Roth, Superintendent John Swett Unified School District Attachment: Notice and Resolution GOVERNING BOARD Janet Callaghan Norma Clerici James Delgadillo Barbara Kotchevar Holly Myers i FORMAL NOTICE OF PARCEL TAX ELECTION NOTICE IS HEREBY GIVEN to the qualified electors of the John Swett 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 6, 2006, for the purpose of submitting to the qualified electors of the District the proposition summarized as follows: To improve student reading, writing, math and science skills b;y recruiting and retaining highly qualified teachers and staff, restore programs and positions lost due to budget cuts, and benefit local schools, shall the John Swett Unified School District levy an annual special tax of $70 per residential parcel and a tax on commercial property in the amounts described in the voter pamphlet, for 5 years, with annual audits, independent oversight, and an exemption for homeowners 65 or older? 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 of the same. The County Superintendent of Schools of Contra Costa County,by this Notice of Election, has called the election pursuant to a Resolution of the Board of Education of the John Swett Unified School District adopted March 1, 2006, in accordance with the provisions of Education Code Sections 5302, 5325, and 5361. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day, March, 2006. Joseph A. Ovick, Ed.D. County Superintendent of Schools Contra Costa County EJOHN SWETT >O�2 SWTT Gry,��FG UNIFIED SCHOOL DISTRICT A 341 B Street, Crockett, CA 94525 "'" (510) 787-1141 • FAX (510) 787-2049 Cy00L DISZQ`G JOHN SWETT UNIFIED SCHOOL DISTRICT RESOLUTION NO. (05-06)28 RESOLUTION OF THE BOARD OF EDUCATION OF THE JOHN SWETT UNIFIED SCHOOL DISTRICT CALLING AN ELECTION, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON JUNE 69 2006 WHEREAS, the John Swett 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 sections 50075 et seq. authorizes the District, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property in the District for the purpose 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 of Education ("Board"), following public hearing and comment, it is advisable to request that the Contra Costa County Clerk-Recorder ("County Clerk-Recorder") 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, 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 same. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. Resolution Constitutes Order of Election. This resolution shall constitute an order of election pursuant to Education Code Section 5320 et seq. Resolution No. (05-06)28 Page 2 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 6, 2006, for the purpose of voting on a measure ("Measure") which will be presented to voters in substantially the form attached hereto as Exhibit A, containing the question of whether the District shall impose a special tax for the educational purposes stated therein. In addition, the full text of the Measure ("Full Ballot Text") shall appear in the ballot pamphlet in substantially the form attached hereto as Exhibit B. Section 3. Senior Exemption from Special Tax. An exemption from payment of the special tax may be granted on any parcel owned by one or more persons 65 years of age or over who occupies said parcel as a principal residence, upon application for exemption ("Senior Citizen Exemption"). The District shall annually provide to the Contra Costa County Treasurer- Tax Collector or other appropriate County tax official ("County Tax Collector") a list of parcels that the District has approved for a Senior Citizen Exemption. Section 4. Collection of the Tax. The special tax shall be collected by the County Tax Collector at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the County Tax Collector. Unpaid special taxers shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. The special tax shall be levied on all parcels of taxable real property in the District. "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 County Tax Collector's Office. All property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall also be exempt from the special tax in such year. With respect to all general property tax matters within its jurisdiction, the County Tax Collector shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. With respect to matters specific to the levy of the special tax, including the Senior Citizen Exemption and the classification of property for purposes of calculating the tax, the decisions of a District administrative review panel shall be final and binding. Section 5. Authority for Ordering Election. 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 6. Authority for Specifications. The authority for the specification of this election order is contained in Section 5322 of the Education Code. Section 7. Resolution to County Clerk-Recorder and Clerk. The Clerk of the Board is hereby directed to immediately send a copy of this Resolution to the County Clerk-Recorder, as the officer conducting the election, the Contra Costa County Superintendent of Schools ("County Superintendent"), and to the Contra Costa County Clerk of the Board of Supervisors ("County Board"). Resolution No. (05-06)28 Page 3 Section 8. Formal Notice. The County Superintendent is hereby requested to prepare and execute a formal Notice of Parcel Tax Election and Consolidation ("Notice") and to call the election by causing the Notice to be posted in accordance with Section 5362 of the Education Code no later than March 8, 2006, or otherwise cause the Notice to be published as permitted by law. Section 9. Conduct of Election. (a)Request to County Clerk-Recorder. Pursuant to Section 5303 of the Education Code, the County Clerk-Recorder is requested to take all steps to hold the election in accordance with law and these specifications. (b) Voter Pamphlet. The County Clerk-Recorder is hereby requested to reprint the Full Ballot Text in substantially the form attached hereto as 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 will not be reprinted in the voter information pamphlet in its entirety, the County Clerk-Recorder 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_. If you desire a copy of the Measure, please call the Contra Costa County Clerk-Recorder at (phone number) and a copy will be mailed at no cost to you. (c) Consolidation. The County Clerk-Recorder and the County Board are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 6, 2006, within the District. (d) Canvass of Results. The County Board is authorized to canvass the returns of the election pursuant to Section 10411 of the Elections Code. Section 10. Appropriations Limit. The Board shall provide in each year for an increase in the District's appropriations limit as shall be necessary to ensure that the proceeds of the special tax may be spent for its authorized purposes. Section 11. Full Ballot Text. The Board hereby determines to include within the ballot pamphlet the Full Ballot Text in substantially the form attached hereto as Exhibit B, which is hereby approved and adopted by the Board, and the County Clerk-Recorder is hereby directed to include the Full Ballot Text in the ballot pamphlet. Section 12. Ballot Arguments. The President of this Board and/or his designees are hereby authorized to prepare and file with the County Clerk-Recorder any ballot argument prepared in connection with the election, including a rebuttal argument, each within the time established by the County Clerk-Recorder, which shall be considered the official ballot arguments of the Board as sponsor of the Measure. Resolution No. (05-06)28 Page 4 Section 13. Official Actions. The District 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 Measure on the ballot, including making alterations to the Measure and Full Ballot Text 'stated in Exhibits A and B hereto to comply with requirements of law and election officials or which are, in the judgment of the Superintendent, in the best interests of the District. ADOPTED, SIGNED and APPROVED by the Board of Education of the John Swett Unified School District on the 1 st day of March, 2006, by the following vote: AYES: Callaghan, Clerici, Delgadillo, Kotchevar & Myers NOES: None ABSTENTIONS: None \Jahk Callaghan President of the Board of E ucation of the John Swett Unified School District 7ed to: � aures Delgadi o Clerk of the Board of Education of the John Swett Unified School District Resolution No. (05-06)28 Page 5 EXHIBIT A ABBREVIATED TEXT OF MEASURE To improve student reading, writing, math and science skills by recruiting and retaining highly qualified teachers and staff, restore programs and positions lost due to budget cuts, and benefit local schools, shall the John Swett Unified School District levy an annual special tax of$70 per residential parcel and a tax on commercial property in the amounts described in the voter pamphlet, for 5 years, with annual audits, independent oversight, and an exemption for homeowners 65 or older? i Resolution No. (05-06)28 Page 6 EXHIBIT "B" FULL BALLOT TEXT The full text of the ballot measure shall read as follows: To improve student reading, writing, math and science skills by recruiting and retaining highly qualified teachers and staff, restore programs and positions lost due to budget cuts, and benefit local schools, shall the John Swett Unified School District levy an annual special tax of$70 per residential parcel and a tax on commercial property in the amounts described herein, for 5 years, with annual audits, independent oversight, and an exemption for homeowners 65 or older, in order to: a) retain highly qualified teachers already teaching in the district by making teacher salaries in the John Swett Unified School District more competitive with the salaries offered by other districts in the Bay Area, b) attract additional highly qualified teachers by making teacher salaries in the John Swett Unified School District more competitive with the salaries offered by other districts in the Bay Area, c) retain and attract members of the district's highly qualified and dedicated support staff by making staff salaries in the John Swett Unified School District more competitive with the salaries offered by districts in the Bay Area d) restore programs and positions lost due to budget cuts as feasible, e) maintain class sizes that are as small as possible, f) maintain safe, supportive, quality schools. The revenues shall be fairly and equitably distributed to all K-12 schools operated by the District. The expenditure of revenues shall be monitored by a volunteer, independent Citizens Advisory Committee. The number of Committee members and the procedure for their selection shall be established by Board resolution. This Committee shall provide an annual monitoring report to the Board and this report shall be posted on the District website. Resolution No. (05-06)28 Page 7 Basis of Tax. The tax shall be levied on all parcels of taxable real property in the District, as defined below, as follows: Type of Parcel/Land Use Classification Rate of Annual Tax Residential $70 per parcel Commercial, excluding Heavy Industrial $70 per parcel Heavy Industrial $170 per acre "Parcel of taxable real property" is 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 upon which no ad valorem property taxes are levied in any year shall also be exempt from.the special tax in such year. For purposes of the tax, "Heavy Industrial"property means properly classified as such for taxation purposes by the Contra Costa County Assessor as Use Code 54. An exemption may be granted on any parcel owned by one or more persons aged 65 years or older who occupies said parcel as a principal residence, upon application for exemption. With respect to all general property tax matters within its jurisdiction, the Contra Costa County Tax Assessor or other appropriate County tax official shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. With respect to matters specific to the levy of the special tax, including the Senior Citizen Exemption determination, the decisions of the District shall be final and binding. 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 Measures The proceeds of the special tax shall be applied only to the specific purposes identified above. The proceeds of the special tax shall be deposited into a fund, which shall be kept separate and apart from other funds of the District. No later than January 1 of each year while the tax is in effect, the District shall prepare and file with the Board of Education a report detailing the amount of funds collected and expended, and the status of any project authorized to be funded by this measure. Resolution No. (05-06)28 Page 8 In addition, an independent Citizen's Oversight Committee shall be appointed by the Board of Education to ensure that the special tax proceeds are spent for their authorized purposes, and to report annually to the Board of Trustees and the public regarding the expenditure of such funds. Severability The Board of Education hereby declares, and the voters by approving this measure concur, that every section and part of this measure has independent value, 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 of the measure or taxing formula be found by a court of competent jurisdiction to be invalid for any reason, all remaining parts of the measure or taxing formula hereof shall remain in full force and effect to the fullest extent allowed by law. KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT March 1, 2006 FCONTRA 8��® Julie Enea 2 2006 Board of Supervisors 651 Pine St., Room 106 OSTA COARO OF SUPERVISORS Martinez, CA 94553 Dear Ms Enea, Attached are Kensington Police Protection and Community Services District Resolutions 06-01 and 06-02 titled as follows: 06-01: "In the Matter of Calling an Election for the Purpose of Submitting to the Qualified Electors of the District the Question of Establishing the District's Appropriations Limit Under Article XIIIB of the California Constitution; Fixing the Date of Said Election; and Providing for the Consolidation of Said Election" 06-02: "Resolution of the Board of Directors of the Kensington Police Protection and Community Services District Requesting the County Clerk to Render Specific Election Services in connection with a Special Election to be Held Within the District on Tuesday June 6, 2006." Also attached is the argument in support of the passage of the appropriations limit, signed by the Board of Directors of the Kensington Police Protection and Community Services District. The two Resolutions and the argument in support were passed and signed by the Board at their regular monthly meeting held on February 9, 2006. Sincerely, Barry D. Garfield General Manager 217 Arlington Avenue Kensington, California 94707-1401 (510) 526-4141 BEFORE THE BOARD OF DIRECTORS OF THE KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA In the Matter of Calling an Election for the Purpose of Submitting to the Qualified Electors of the District the Question of Establishing the District's Appropriations Limit Under Article XIIIB of the California Constitution; Fixing the Date of Said Election; and Providing for the Consolidation of Said Election RESOLUTION 06-01 WHEREAS, Article XIIIB of the California Constitution provides that the appropriations limit otherwise applicable to a governmental entity may be changed by the electors of such entity, subject to and in conformity with constitutional and statutory voting requirements; and WHEREAS, the Board of Directors believes that it would be in the best interest of the peace and safety of the residents of the Kensington Police Protection and Community Services District(the "District") for the appropriations limit for fiscal year 2006-2007 to be established by the voters of the District and for the appropriations limit for the ensuing three years to be determined accordingly; and WHEREAS, a statewide election will be held on June 6, 2006. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Kensington Police Protection and Community Services District as follows: Section 1. An election (the "election") is hereby ordered and called and will be held in the District on Tuesday, June 6, 2006, at which election the following issue shall be submitted to all persons possessing all requirements of electors under the general election laws of the State of California and who are duly qualified electors residing within the District. "Shall the appropriations limit of the Kensington Police Protection and Community Services District for Fiscal Year 2006-2007 be established at $2,487,218.00 and should the limit for that Fiscal Year (i.e., $2,487,218.00) be used to determine the limits for Fiscal Years 2007-2008 through 2009-2010?" Section 2. The election shall be and is hereby consolidated, pursuant to law, with the statewide election to be held on June 6, 2006 and the election precincts, polling places and officers of election within the area of the District for the election shall be the same as those selected and designated by the County Clerk of Contra Costa County for said statewide election and set forth or to be set forth in the order, if and when made, of the County Clerk designating the precincts and polling places for said statewide election and on file in his office, to which order reference is hereby made for the designation of the precincts, polling places and officers of the election hereby called. All proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the said statewide election. Section 3. This resolution shall also constitute a request to the Board of Supervisors of Contra Costa County and to the County Clerk to consolidate the election called by the Board of Directors with the statewide election on June 6, 2006. Section 4. An impartial analysis of the measure as provided for in Section 9160 of the California Elections Code shall be prepared by the County Counsel. PASSED AND ADOPTED by the Board of Directors of the Kensington Police Protection and Community Services District at the regular meeting thereof held on the 9`h day of February, 2006, by the following vote, to wit: AYES: Paul D. Haxo, Presi t NOES: ABSENT: Briice .'Morrow, Vic resident GOL �- ,A' C6&2� - YJan K. Gallegos, Miirrector aa 6�McLaughlin, Director W CthAi - � Ciara Wood, Director I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the Board of Directors of the Kensington Police Protection and Community Services District, as the regular meeting of said Board, held on Thursday, the 91h day of February, 2006. L-�� Helen Horowitz, District Seer ary BEFORE THE BOARD OF DIRECTORS OF THE KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA RESOLUTION 06-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT REQUESTING THE COUNTY CLERK TO RENDER SPECIFIC ELECTION SERVICES IN CONNECTION WITH A SPECIAL ELECTION TO BE HELD WITHIN THE DISTRICT ON TUESDAY JUNE 6, 2006 WHEREAS, the Board of Directors of the Kensington Police Protection and Community Services District has called for a special election to be held within the District on Tuesday, June 6, 2006 by their Resolution 06-01. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT that the Board of Supervisors of the County of Contra Costa is hereby requested to permit the County Clerk of Contra Costa to render specified election services pursuant to Elections Code Section 10002, such services to include: • Securing translation of election materials and notices; • Publication of notices required by law; • Selection of arguments on the ballot measure; • Consolidation of precincts; • Furnishing of precinct indexes; • Preparation of polling place notice; • Preparation and printing of ballot copy and arguments; • Mailing of sample and official ballot, polling place verification and other election material; • Furnishing of polling places and appointment of election officers; • Furnishing of voting supplies; • Furnishing of precinct supplies and training of precinct workers; • Canvass of election and certification to the District on the results of the canvass. BE IT FURTHER RESOLVED that this Board shall, and does hereby, accept the terms and conditions of the performance of said election services and agrees to pay its proportionate share of all costs in connection with the conduct of this election. PASSED AND ADOPTED by the Board of Directors of the Kensington Police Protection and Community Services District at a regular meeting thereof held on the 9`h day of February, 2006, by the following vote, to wit: AYES: Pau-D. Hax , President NOES: ABSENT: 14uce V. Morrow, Vi e P.re dent e OJ an K. Gallegos,`Director V1trdiV1iknM-Z2/MAfcLaugl1n- , '� Director Ciara Wood, Director I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the Board of Directors of the Kensington Police Protection and Community Services District, at the regular meeting of said Board, held on the 91h day of February, 2006. Helen Horowitz, Dist t Secretary ARGUMENT IN FAVOR OF MEASURE This measure is necessary in order to ensure that your Police Protection and Community Services District can continue the present levels of police staffing for the next four years. It will not result in any increase in your taxes but will allow the District to make full use of the revenues it already receives. An amendment to the State Constitution in 1979 imposed a limit on expenditures of most local government agencies, including the District. This "appropriation limit" was originally based on a level of the agencies' expenditures during Fiscal Year 1978-79. That base year was one year before the District voters approved a special tax to be used only for the police protection services furnished by the District. As a result, the State- imposed expenditure limit would have prevented the District from making use of funds which an overwhelming majority of District voters had approved. The State Constitution allows local agency voters to correct situations of this kind by approving temporary increases in the local appropriations limit. Kensington voters approved such an increase in 1981 and authorized its continuation at elections in 1984, 1986, 1990, 1994, 1998 and again in 2002. Your Board of Directors is asking that the increased limit be continued for an additional four years. This will ensure that we do not have to reduce our complement of public safety officers. • Passage of this measure will not increase your taxes or other costs. • It will allow the District to maintain present levels of police protection, using funds it already receives. We want to provide you high quality police service and consider this measure necessary t o. Please vote es on Measure Co CI '3 ------ /Paul D. Haxo, President Bruce V. Morrow, VVce President J K. Gallegos, Director atricia M. McLaughlin, Dire5ctor Ciara Wood, Director The above signed authors of the primary argument in favor of Ballot Measure at the Election of the Kensington Police Protection and Community Services District to be held June 6, 2006, hereby state that such argument is true and correct to the best of their knowledge.