MEETING DATE: 5/24/2022
DEPARTMENT: BOARD OF SUPERVISORS
DEPT HEAD/DIRECTOR:
AGENDA ITEM PREPARER: Joel Ellinwood
SBC DEPT FILE NUMBER: 285
SUBJECT:
BOARD OF SUPERVISORS
Informational report on filing of notice of intention to circulate initiative measure to amended the San Benito County General Plan Health & Safety Element Policy HS-6.9 and to establish a 3.5 mile buffer zone surrounding the Tri-Cal agricultural chemical facility, timeline for circulation, submission of petition, verification of signatures, decisions for Board of Supervisors upon validation, probable election schedule, and county and supervisors roles during the election. Provide direction to staff on preparation of fiscal impact report. Authorize CAO to select and contract with qualified consulting firm to prepare Elections Code section 9111 Report for an amount not to exceed $50,000.00.
SBC FILE NUMBER: 285
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
On February 24, 2022, three proponents of an initiative measure to amend the 2035 San Benito County General Plan Health & Safety Element Policy HS-6.9 and to establish a 3.5 mile buffer zone surrounding the Tri-Cal agricultural chemical facility submitted a notice of intent to circulate an initiative petition, together with the full text of the proposed initiative.
On March 11, 2022, County Counsel provided the initiative proponents with a ballot title and summary as required by Elections Code 9105. The proponents began collecting signatures after publishing the ballot title and summary with the notice of intent to circulate the petition on March 25, 2022.
At least 2,060 valid signatures of voters registered in San Benito County must be submitted within 180 days in order for the measure to qualify for the ballot. The Elections Office has 30 working days from submission of the signed petitions to validate the signatures and certify its sufficiency. After certification, the Elections Office submits the measure to the Board of Supervisors at its next regularly scheduled meeting for action.
Once the petition is certified as sufficient, the Board of Supervisors has several options:
1) It can adopt the measure as proposed;
2) It can defer action for up to 30 days to order and receive an Elections Code section 9111 Report on the fiscal and other impacts of the measure;
3) After receiving and reviewing the section 9111 report, the Board of Supervisors can adopt the measure or place it on the ballot for the next regularly scheduled county general election, which in this case would likely be November 8, 2022.
The Board of Supervisors has the option to order the preparation of an Elections Code section 9111 Report at any time after the proponents have begun circulation of the petition for signatures even before the petition is submitted for signature verification and certified as sufficient.
The deadline for the Board of Supervisors to order the measure be placed on the ballot for the November 2022 election is August 12, 2022.
If and when directed to do so, staff will solicit professional consultants for bids to prepare an updated Elections Code section 9111 report on the fiscal, planning and other potential impacts of the proposed measure.
RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
No
CONTRACT NEEDED FOR THIS ITEM:
No
CONTRACT AND RFP HISTORY:
N/A
LAST CONTRACT AMOUNT OR N/A:
N/A
STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:
N/A
STRATEGIC PLAN GOALS:
BUDGETED:
No
Budget Adjustment Needed: N/A
Unfunded Mandate (Is this a mandate not funded by the State): No