Agenda

Return

C. 30

To:	Board of Supervisors
From:	Joseph E. Canciamilla, Clerk-Recorder
Date:	February 9, 2016

Contra

Costa

County

Subject:

Consolidation of the San Francisco Bay Restoration Authority Special Election with the June 7, 2016 Primary Election

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/09/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

John Gioia, District I Supervisor

Contact:	925-335-7808 Scott Konopasek
cc:	Elections CAO Save the Bay Auditor-Controller Treasurer-Tax Collector Assessor

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 9, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ACKNOWLEDGE receipt of the resolution from the San Francisco Bay Restoration Authority calling for a special election and ADOPT Resolution No. 2016/78, ordering that the election be conducted and consolidated with the June 7, 2016 Statewide Primary Election.

FISCAL IMPACT:

Pursuant to Government Code 66704.5(h), the Authority will reimburse the Contra Costa County Election Division for the incremental costs incurred to conduct the consolidated special election.

BACKGROUND:

The San Francisco Bay Restoration Authority Governing Board adopted a resolution on January 13, 2016, calling a Special Parcel Tax Election pursuant to Government Code 66700 et seq. The resolution requested that the Board of Supervisors of each of the nine Bay Area counties, including Contra Costa County, consolidate the Special Parcel Tax Election with the June 7, 2016 Statewide Primary Election pursuant to Elections Code 10403. A copy of the Authority's Resolution is attached.

BACKGROUND: (CONT'D)

The Resolution calls an election on the question of whether an annual parcel tax of $12.00 should be applied to each parcel in the nine Bay Area counties for 20 years. The question has been uniformly designated Measure "AA" by the Registrars of Voters in each of the nine Bay Area counties. To be approved, Measure "AA" must achieve a 2/3 majority of all voters in the entire jurisdiction of the Authority. All nine counties will be bound by the results of the election, whether or not the Measure passes by a 2/3 majority in each county.

Elections Code section 10403 provides that a district election may be consolidated with another election held on the same date, if ordered by the Board of Supervisors. Government Code 66704.05 mandates such consolidation by the Board of Supervisors. Procedurally, Elections Code section 10403 requires the Authority to file its resolution ordering the election and requesting consolidation with the Board of Supervisors at least 88 days prior to the election. The 88th day prior to the June 7, 2016 election is March 11, 2016. A copy of the resolution must be simultaneously filed with the Registrar of Voters. The resolution must set forth the exact form of the question to be voted upon at the bond election as it is to appear on the ballot. On January 22, 2016, the District timely filed its resolution with the Board of Supervisors, with a copy to the Registrar of Voters, requesting consolidation of the special parcel tax election with the statewide primary election to be held on June 7, 2016. The Authority's resolution complies with all procedural requirements of Elections Code section 10403. In the case of the Authority, there is an additional requirement, unlike other districts. Government Code 66704.05(a) appears to require each county's Board of Supervisors to call the special election in addition to the Authority calling the election. For that purpose, the attached Resolution No. 2016/78 is provided for the Board’s adoption.