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HomeMy WebLinkAboutMINUTES - 06052012 - C.21RECOMMENDATION(S): Acting as the governing board of the Contra Costa County Flood Control and Water Conservation District (“District”), ADOPT Resolution 2012/252 accepting the tabulation of ballot results from the Tabulator for the “2012 Community Clean Water Initiative” (“Clean Water Fee”), determining that the percentage of ballots cast in favor of the Clean Water Fee fell short of the majority required for imposition of the fee, and directing that the Clean Water Fee not be imposed. FISCAL IMPACT: There is no fiscal impact in adopting the resolution. BACKGROUND: On February 7, 2012, the Board conducted a public hearing regarding the proposed Clean Water Fee. The public hearing concluded a 45-day notice period as required by state law governing the procedures for property related fee ballot proceedings. At the end of the public hearing, the Board determined a majority protest did not exist and directed the District to conduct APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/05/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mitch Avalon (925) 313-2203 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: June 5, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: David Twa, Julia Bueren, Mitch Avalon, Mike Carlson, Tom Dalziel C. 21 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 5, 2012 Contra Costa County Subject:Adopt Resolution No. 2012/252 accepting tabulation of the 2012 Community Clean Water Initiative ballots and directing the property fee not be imposed BACKGROUND: (CONT'D) an election. On February 21, 2012, ballots were mailed to the record owners of each parcel of real property in Contra Costa County to be subject to the Clean Water Fee. Balloting closed on April 6, 2012. All ballots received were tabulated by the Board-appointed tabulator. The appointed tabulator was a reputable, objective, CPA accounting and auditing firm that had experience in tabulating ballots for these types of elections. A total of 339,586 ballots were mailed out to property owners throughout the County. A total of 102,123 ballots were returned, which represents a 30% return rate. Of the returned ballots, 40,924 were cast in favor of the Clean Water Fee and 59,844 were cast against it. There were also 1,355 invalid ballots. Ballots were considered invalid if they had no signature, no vote was cast, modifications were made or showed other irregularities. Original ballots were also considered invalid if a replacement ballot was received for the same parcel. Pursuant to the California Constitution, a majority vote in favor of the Clean Water Fee was required in order to authorize the imposition of the fee by the Board. As the Yes votes amounted to less than 50% of the total votes cast, the initiative did not pass, and the proposed fee may not be imposed. Staff recommends the Board adopt the attached resolution concluding the Clean Water Fee ballot process and directing that the fee not be imposed. CONSEQUENCE OF NEGATIVE ACTION: The resolution concluding the 2012 Clean Water Initiative process would not be adopted. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Resolution No. 2012/252