Resolution No. 2007–88

A Resolution of the City Council of the City of El Cerrito calling and giving notice of the holding of a special municipal election on February 5, 2008; approving an ordinance imposing a one-half (1/2) cent sales tax increase for the repair of potholes and improvement and maintenance of city streets; ordering the submittal of the ordinance to the voters at the special election; and requesting that the Contra Costa County Board of Supervisors consent to the consolidation of this election with the statewide primary election to be held on the same date.

• WHEREAS, the City of El Cerrito Street System consists of approximately 68 miles of streets, the majority of which are in poor condition and unable to meet today's traffic demands; and

• WHEREAS, residential and neighborhood streets are pitted with potholes and cracks with more than 70% of residential streets rated as “Poor” on the Pavement Condition Index (PCI); and

• WHEREAS, in the next five years the City’s average rating for streets will drop from fair to poor if roads are not maintained; and

• WHEREAS, the City must make these essential repairs immediately, because waiting will only make City streets more dangerous and more expensive to fix, and

• WHEREAS, without additional funding, our street and road infrastructure will only deteriorate further; and

• WHEREAS, the City of El Cerrito currently has inadequate dedicated funding in order to maintain current roads that are in good condition, or make significant repairs to streets in poor condition; and

• WHEREAS, the City needs additional funding to properly repair City streets, including structurally repairing potholes, sealing cracks, repaving, and maintenance and improvement of curbs, gutters, ramps and striping; and

• WHEREAS, the cost of the needed improvements and maintenance on the City of El Cerrito Street System far exceeds the available revenues for these activities; and

• WHEREAS, to repair existing hazards and properly maintain our streets we must impose a one-half (1/2) cent sales tax to adequately serve the residents of El Cerrito; and

• WHEREAS, a local finance measure gives El Cerrito residents local control, since every penny generated by the measure stays in El Cerrito and could only be used for street repair and maintenance in the City; and

• WHEREAS, in order to immediately begin and accelerate the completion of the street work authorized hereunder, the City will also seek approval to incur debt, payable solely from the proceeds of the tax approved by this measure, in a maximum amount such that the annual debt service does not exceed 75% of the projected amount of revenue to be generated by the sales tax; and

• WHEREAS, the money raised by the sales tax will be placed in a restricted fund and can only be used for street repair and maintenance; and

• WHEREAS, an independent citizens’ oversight committee will be established to provide financial oversight to ensure proper spending of taxpayer money; and

• WHEREAS, should a special municipal election be held, it is desirable that such special municipal election be consolidated with the statewide primary election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County election department of the County of Contra Costa canvass the returns of the special municipal election and that the election be held in all respects as if there were only one election.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of El Cerrito that:

SECTION 1. DECLARATION OF FINDINGS.
The residential streets within the City are in poor condition and a dedicated revenue stream is necessary for their adequate repair and maintenance. Therefore, the El Cerrito City Council has determined that a one-half cent sales tax be submitted to the voters for approval at a future municipal election; and the next statewide election is scheduled for February 5, 2008.

SECTION 2. ELECTION CALLED
Pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of El Cerrito, California, on Tuesday, February 5, 2008, a special municipal election for submitting to the voters the El Cerrito Pothole Repair and Local Street Improvement and Maintenance Measure.

SECTION 3. MEASURE TO BE SUBMITTED TO VOTERS
The full text of the El Cerrito Pothole Repair and Local Street Improvement and Maintenance Measure, Ordinance 2007–___, attached to this Resolution as Exhibit A, shall be printed in the voter pamphlet. The City Council, pursuant to its right and authority, does order submitted to the voters measure to be submitted to the voters which shall appear and be printed on the ballot as follows:

SECTION 4. APPROVAL OF ORDINANCE.
By a vote of at least 2/3 of its full membership, the City Council hereby approves the proposed ordinance and expenditure plan to be submitted to the voters as attached hereto as Exhibit A. The proposed measure is a special tax as defined in Article XIIIC of the California Constitution and shall not take effect unless and until approved by a vote of at least 2/3 of the voters voting on the question at the election.

SECTION 5. BALLOT FORMAT.
The ballots to be used at the election shall be in form and content as required by law.

SECTION 6. IMPARTIAL ANALYSIS.
The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.

SECTION 7. BALLOT ARGUMENT.
The City Council hereby authorizes one or more of its members to submit a ballot argument in favor of the measure, pursuant to Elections Code Section 9282. The last day for filing of primary arguments is November 16, 2007.

SECTION 8. REQUESTING THE CONSOLIDATION OF ELECTIONS:
Pursuant to Elections Code Section 10400 –et seq., the City Council of the City of El Cerrito hereby requests that the Contra Costa County Board of Supervisors consent and agree to the consolidation of the special municipal election with the statewide primary election to be held on February 5, 2008 and provide all services necessary to conduct the election and print a measure on the ballot as described in Section 3 of this resolution. The county election department is authorized to canvass the returns of the special municipal election. Within the City of El Cerrito, the election precincts, election officers, hours of voting, polling places and voting booths shall in every case be the same as those selected and designated by the Contra Costa County Registrar of Voters; provided that no person not a qualified elector of the City of El Cerrito shall be permitted to vote for the measure placed on the ballot by the City Council.

SECTION 9. PROVISIONS FOR REBUTTAL ARGUMENTS.
The provisions of Elections Code Section 9285 shall apply to this election. The last day for filing of rebuttal arguments is November 26, 2007.

SECTION 10. HOURS OF POLLING.
The polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Elections Code Section 14401.

SECTION 11. OTHER PROCEDURES.
In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 12. NOTICE.
The City Clerk is authorized and directed to give notice of the election as required by law. The City Clerk shall file a copy of this resolution with the County Elections Official and the Clerk of the Board of Supervisors forthwith.

BE IT FURTHER RESOLVED, that $30,000 be appropriated from General Fund reserves to pay for the direct costs of the election.

BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption.

I CERTIFY that at a regular meeting on the 5th day of November 2007, the City Council of the City of El Cerrito passed this resolution by the following vote:

AYES: Councilmembers Abelson, Bridges, Jones, Potter and Mayor Moore
NOES: None
ABSENT: None
ABSTAIN: None

Download the Attachments (including the Ordinance and Expenditure Plan) (PDF, 8251Kb)