MEETING DATE: 11/19/2019
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Barbara Thompson
SBC DEPT FILE NUMBER: 160
SUBJECT:
COUNTY COUNSEL'S OFFICE - B. THOMPSON
Reconsideration of Ordinance 991, relating to C3 zoning, subject to a referendum petition. Adopt Ordinance rescinding Ordinance 991, or adopt resolution calling for an election on the matter.
SBC FILE NUMBER: 160
RESOLUTION NO: 2019-115
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
California Elections Code 9144, et. seq. requires that the Board of Supervisors reconsider ordinances protested by referendum. The Board adopted Ordinance 991 on September 24, 2019. The effective date of the ordinance would have been October 24, 2019, but a petition protesting the adoption of the ordinance was filed with the Clerk of the Board of Supervisors on October 23, 2019, thereby suspending the effective date of the ordinance. The referendum petition was transferred to the San Benito County Clerk-Recorder for signature verification. The County Clerk-Recorder, as Elections Official, has certified that there are sufficient valid signatures on the petition, and has issued a certification of the results of the signature verification at this meeting. Pursuant to Elections Code Section 9145, set. seq, the Board has the option of either 1) repealing the ordinance or (2) by resolution, submitting the ordinance to the voters at the next regularly scheduled county election occurring not less than 88 days after the date of the Boar's order, or at a special election called specifically to vote on the ordinance at least 88 days after the order. If the ordinance is submitted of the voters, it would only become effective if a majority of the voters voting on the ordinance votes in favor of it.
Please note Preserve Our Rural Communities has commented that the Board should not request a fiscal analysis from the Auditor in the resolution calling for an election. "PORC is concerned that any report by the County Auditor would be highly speculative and superficial because no in-depth evaluation of the economic feasibility and impact of the rezone was undertaken by the County. PORC members requested at public meetings, and in writing, that a detailed economic feasibility and impact analysis be completed. Unfortunately, the Planning Commission and Supervisors ignored these requests and voted to rezone. Hence, the Auditor has no foundational data to inform their "fiscal impact statement" and so it would be of little value to voters."
However, the County Counsel's office believes that Section 9160 authorizes the Board to request a fiscal analysis should it choose to do so.
BUDGETED:
SBC BUDGET LINE ITEM NUMBER:
CURRENT FY COST:
STAFF RECOMMENDATION:
Board should consider its various options, and then take one of the following options below:
1. Repeal Ordinance 991
Motion: Read Title of the Ordinance for the record, accept introduction and waive further reading of the ordinance, and continue to December 10, 2019 for adoption.
OR
2. Order Ordinance 991 to be submitted to the voters at the March 3, 2020 Primary Election. If this is the desire of the Board, make a motion to:
Adopt Resolution, ordering an election, and authorize the Chair to sign.
ADDITIONAL PERSONNEL: