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NOTICE CITY OF BERKELEY BALLOT MEASURES TO BE VOTED ON

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					NOTICE CITY OF BERKELEY BALLOT MEASURES TO BE VOTED ON AT THE NOVEMBER 4, 2008 GENERAL MUNICIPAL ELECTION AND FIXING THE TIME AND PLACE FOR SUBMISSION OF ARGUMENTS AND REBUTTAL ARGUMENTS ON MEASURES TO BE SUBMITTED AT THE CITY OF BERKELEY GENERAL MUNICIPAL ELECTION NOTICE IS HEREBY GIVEN that the following measures are to be voted on at the General Municipal Election to be held in the City of Berkeley, County of Alameda, State of California, on Tuesday, November 4, 2008. Fire Protection and Emergency Response and Preparedness Tax (2/3 vote required) To enable the City to keep fire stations open and improve emergency medical response and disaster preparedness, shall a special tax be authorized of $.04083 per square foot of improvements in dwelling units and $.06179 per square foot on all other improvements? Financial Implications: This tax would raise $3.6 million in the first full year. The annual cost for a 1,900 square foot home would be $78 and for a nonresidential building would be $118. _____ YES _____NO

Library Bond (2/3 vote required) Shall the City of Berkeley issue general obligation bonds not exceeding $26,000,000 to renovate, expand, and make seismic and access improvements at four neighborhood branch libraries, but not the Central Library, with annual reporting by the Library Board to the City Council? _____ YES _____NO

Resubmission of Measure R, Patient’s Access to Medical Cannabis Initiative Ordinance (Majority vote required) Shall the City’s ordinances be amended to eliminate limits on medical marijuana possessed by patients or caregivers; establish a peer review group for medical marijuana collectives to police themselves; and permit medical marijuana dispensaries as a matter of right under the zoning ordinance rather than through a use permit subject to a public hearing? Financial Implications: Uncertain zoning related cost savings possible increases in law enforcement costs _____ YES _____NO

GANN Limit Override Renewal for Parks, Library, Emergency Medical Services (EMS), and Emergency Medical Services For Severely Disabled Persons (Majority vote required) Shall the appropriation limit under Article XIIIB of the California Constitution (or ceiling on city expenditures) be increased to allow for the expenditure of taxes previously approved by voters for parks maintenance; libraries; emergency medical services (EMS), and emergency services for severely disabled persons for fiscal years 2009 through 2012? Financial Implications: Not a tax increase, authorizes expenditure of existing voterapproved taxes. _____ YES _____NO

Redistricting Timelines – Charter Amendment (Majority vote required) Shall the City of Berkeley Charter be amended to give the City until December 31st of the third year following the decennial census to adopt new council districts that are as nearly equal in population as feasible? Financial Implications: None. _____ YES _____NO

Initiative Ordinance Requiring Voter Approval of Exclusive Transit-Only and HOV/Bus-Only Lanes (Majority vote required) Shall the initiative ordinance Requiring Voter Approval of Exclusive Transit-Only and HOV/Bus-Only Lanes be adopted? Financial Implications: $250,000 - $500,000 per designation plan such as for the currently proposed Bus Rapid Transit project, plus the cost of placing a designation plan on the ballot ($15,000), and potentially, holding a special election, (about $350,000 if conducted by mail, and more than $700,000 if conducted with polling places). _____ YES _____NO

Landmarks Preservation Ordinance (LPO) Referendum (Majority vote required) Shall Ordinance No. 6,958–N.S., Repealing and Reenacting Berkeley Municipal Code (BMC) Chapter 3.24 (Landmarks Preservation), passed by City Council, granting the Landmarks Preservation Commission new authority to prohibit, instead of suspend, demolition of historic resources; eliminating property owners’ approval in establishing historic districts; and substantially revising procedures for designating historic resources (including limiting reconsideration of properties not designated) and regulating alteration or demolition of historic resources, subject to appeal to the Council, be adopted? _____ YES _____NO

The complete text of these measures is on file in the City Clerk Department, 2180 Milvia Street, and is available on line at www.cityofberkeley.info/clerk. NOTICE IS FURTHER GIVEN by the City Clerk, pursuant to the provisions of Sections 9285 and 9286 of the Elections Code of the State of California, that the following deadlines are hereby established as the final dates on which arguments and rebuttal arguments for and against measures appearing on the ballot for the General Municipal Election to be held on November 4, 2008, may be submitted to the City Clerk for printing and distribution to the voters as required by law: PRIMARY ARGUMENT PERIOD OPENS: DEADLINE FOR FILING ARGUMENTS: REBUTTAL ARGUMENT PERIOD OPENS: DEADLINE FOR FILING REBUTTALS: 8:00 A.M., Tuesday, August 5, 2008 12:00 P.M., Friday, August 15, 2008 4:00 P.M., Friday, August 15, 2008 12:00 P.M., Monday, August 25, 2008

Primary Arguments, not to exceed 300 words in length, and Rebuttal Arguments, not to exceed 250 words in length, are to be submitted to the City Clerk, 2180 Milvia Street, on or before the posted deadlines. Submitted arguments are kept confidential until after the filing deadline. Arguments cannot be changed after the deadline. The City Clerk will provide all interested parties with a packet of material, which includes current legal requirements. This information may also be obtained from the City Clerk’s website at http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4314. For additional information call (510) 981-6900. NOTICE IS FURTHER GIVEN that there shall be set a 10-calendar day examination period for public review of said arguments. During this time, any registered voter of the election jurisdiction, or the elections official, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The review period for primary and rebuttal arguments in favor of or against ballot measures as well as the City Attorney Analysis shall commence at 4:00 P.M., on August 25, 2008 and shall end at 12:00 P.M. on September 4, 2008.

DEANNA DESPAIN, Acting City Clerk City of Berkeley, California

Date posted on the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way and on the web: July 24, 2008


				
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