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HomeMy WebLinkAbout072-2019DocuSign Envelope ID: 7CD4B9C8-BC7E-426D-A037-65693CC904F7 RESOLUTION NO. 72-2019 CALLING A SPECIAL ELECTION ON MARCH 3, 2020, REQUESTING THAT THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS AUTHORIZE THE CONTRA COSTA COUNTY CLERK -RECORDER TO ADMINISTER THE SPECIAL ELECTION CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION SCHEDULED FOR MARCH 3, 2020 AND SUBMITTING TO THE VOTERS OF THE TOWN OF DANVILLE A REFERENDUM MEASURE REGARDING DANVILLE ORDINANCE NO. 2019-06 WHEREAS, on July 16, 2019, the Town Council adopted Ordinance No. 2019-06, which approved the rezoning for the Magee Preserve residential development; and WHEREAS, on August 13, 2019, a referendum petition against Ordinance No. 2019-06 (the "Referendum") was submitted to the City Clerk; and WHEREAS, on September 17, 2019, the Danville Town Council adopted Resolution No. 59-2019, accepting the Signature Verification Calculations from the Contra Costa County Clerk -Recorder and certifying the results of the Referendum Petition; and WHEREAS, pursuant to Elections Code Section 9241, the Town Council desires to call a special election, to be consolidated with the Statewide Primary to be held on March 3, 2020, for the purpose of submitting the Referendum to the Town's voters; and WHEREAS, the Contra Costa County Clerk -Recorder has traditionally administered Danville's Municipal Elections; now, therefore, be it RESOLVED, by the Danville Town Council that the following actions be taken with regard to the Referendum: 1. Pursuant to Elections Code Section 9241, the Town Council hereby orders the Referendum to be submitted to the voters of the Town at a special election, to be consolidated with the Statewide Primary to be held on March 3, 2020. DocuSign Envelope ID: 7CD4B9C8-BC7E-426D-A037-65693CC904F7 2. The Town Council orders that the following ballot measure be placed on the ballot and submitted to the voters at the special election: Shall Town Council Ordinance No. 2019- 06 approving the Magee Preserve project, which creates 69 single family lots on approximately 29 acres of the 410 acre site, preserves the remaining 381 acres as permanent open space and dedicates hiking and biking trails for public use on the site, be adopted? YES NO 3. The Board of Supervisors of Contra Costa County is hereby requested to direct the Contra Costa County Clerk -Recorder to administer Danville's special election on March 3, 2020 and conduct the official canvass of the ballot. The Danville Town Council agrees to compensate Contra Costa County for expenses incurred on behalf of the Town of Danville to administer the election. 4. The City Clerk is directed to transmit a copy of the referendum to the City Attorney and directs the City Attorney to prepare an impartial analysis of the Referendum consistent with the requirements of Elections Code Section 9280. The City Attorney shall file the impartial analysis with the City Clerk at the same time as the deadline for primary ballot arguments specified in this Resolution (December 18, 2019, 5:00 p.m.). 5. The Town Council hereby authorizes arguments for and against the Referendum and rebuttal arguments to be filed in accordance with Elections Code Sections 9282-9287. The deadline to file arguments for and against shall be December 18, 2019 at 5:00 p.m. The deadline to file rebuttal arguments shall be December 23, 2019 at 5:00 p.m. All arguments and rebuttal arguments shall be submitted to the City Clerk at 510 La Gonda Way. 6. The Town Council hereby establishes December 19, 2019, through December 28, 2019, as the ten (10) calendar day examination period required by Elections Code Section 9295 for review of the ballot arguments for and against and the impartial analysis. Voters may examine the ballot measure, the arguments for and against, and the impartial analysis, on the Town's website at www.Danville.CA.gov/March2020election, and in the City Clerk's office at 510 La Gonda Way, Danville, CA 94526, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, with the exception of holiday office closures. 7. The Town Council hereby establishes December 24, 2019, through January 2, 2020, as the ten (10) calendar day examination period required by Elections Code Section 9295 for review of the rebuttal arguments for and against and the impartial analysis. Voters may examine the ballot measure, the arguments for and against, PAGE 2 OF RESOLUTION NO. 72-2019 DocuSign Envelope ID: 7CD4B9C8-BC7E-426D-A037-65693CC904F7 rebuttal arguments and the impartial analysis on the Town's website at www.Danville.CA.gov/March2020election, and in the City Clerk's office at 510 La Gonda Way, Danville CA 94526, between the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday, with the exception of holiday office closures. 8. A statement shall be printed in the ballot pursuant to Elections Code Sections 9243 and 9223 advising voters that they may obtain a full copy of Ordinance No. 2019- 06, at no cost, upon request to the City Clerk. APPROVED by the Danville Town Council at a regular meeting on November 5, 2019, by the following vote: AYES: Arnerich, Blackwell, Morgan, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None ,-DocuSignedby. "-2640D07461784DD... MAYOR APPROVED AS TO FORM: ATTEST: p-DocuSigned by: Rote4g. GW+4 $95rArAQADBFABF CITY ATTORNEY DocuSi ned by: 71735A3F04C942F._ CITY CLERK PAGE 2 OF RESOLUTION NO. 72-2019