HomeMy WebLinkAboutMINUTES - 10072003 - SD10 TO: BOARD OF SUPERVISORS .: - Contra
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FROM: Mark DeSaulnier, Board Chair
Jahn Gioia, Supervisor, District I �. ,,, � �� '"
Costa
DATE: October 7, 2003t.p r. o a n ty
C$--X
SUBJECT: Large-Scale Retail Businesses Ordinance (Ordinance No. 2003-18)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
SUBMIT the Lame-Scale Retail Businesses Ordinance (Ord. No. 2003-18) to the voters at the
March 2, 2004 county election; ADOPT attached resolution.
BACKGROUND:
On June 3, 2003, the Board of Supervisors adopted Ordinance No. 2003-18, adding Chapter 82-38,"Large-
Scale Retail Businesses,"to the County Ordinance Code. A referendum petition protesting the ordinance was
circulated, and 40,627 signatures were submitted to the County Clerk-Recorder. On July 29, 2003,the
County Clerk certified that the referendum petition was found to be sufficient as to the number of required
signatures. Under the elections law,the Board has two options: either to "entirely repeal"the ordinance or to
submit the ordinance to the voters of the County at the next county election at least 88 days thereafter. The
next county election at least 88 days after this date will take place on March 2, 2004.
We recommend that the Beard of Supervisors adopt the attached resolution submitting the Large-Scale Retail
Businesses Ordinance to the voters of the County at the March 2, 2004 election.
CONTINUED ON ATTACHMENT: vlES SIGNATURE:
--~---RECOMMENDATION OF-COUNTYADMINISTRATOFt----~-g`RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): err+
ACTIQN
VOTE OF SUPERVISORS I HEREBY CERTIFYTHAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES:TTTT�Tj.V NOES: SHOWN.
ABSEN ABSTAIN:
*92MISOR 1JI1X % RECUSM 'MMY ATTEST: JOHN SMETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTYADMINISTRATOR
CONTACT:Supervisor John Gioia(510)374-3231 5�
cc: County Administrator
County Clark-Recorder(Elections)
County Counsel(KTK)
BY. c/( DEPUTY
HAMem o to BOSIRekusndum Bd Order.Wpd
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA
Adopted this Resolution on , 2Q01_ , by the following vote:
AYES: KlMnsoRs ozoI, GMKMG, WM AND DeSM rrM
NOES: N
ABSENT: N=
ABSTAIN: NW 5�aSOR iJRMMA RMM HMSffY
Resolution No.2003/6o3
Subject: Ordering Ordinance No. )
2003-18, "Large-scale Retail )
Businesses,"to the Voters at the )
March 2, 2004 Electicn )
Whereas, on June 3, 2003, the Board of Supervisors adopted Ordinance No. 2443-18, adding
Chapter 82-38, "Large-Scale Retail Businesses,"to the County Ordinance Code; and
Whereas, Ordinance No. 2443-18 was challenged on July 3, 2043 by a petition protesting it
pursuant to Elections Code section 9144; and
"Whereas, the County Clerk certified on July 29, 2403 that the referendum petition was found to
be sufficient as to the number of required signatures; and
Whereas,the Board.of Supervisors has decided to submit the Large-Scale Retail Businesses
Ordinance to the voters of the County at the next regularly scheduled county election.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows-
1.
ollows:1. The Board of Supervisors hereby submits the Large-Scale Retail Businesses Ordinance
to the voters at the next regularly scheduled county election on March 2, 2404;
2. The question to be submitted to the County voters at the election shall be: Shall the
Large-Scale Retail Businesses Ordinance, Ordinance No. 2003-18,be adopted?
3. The election shall be consolidated with the statewide primary election to be held on
March 2,2044;
4. The County Clerk is directed to take all steps necessary to notice and conduct the
election in accordance with applicable provisions of the Elections Code.
S. For purposes of this election, and Ordinance No. 2043-18,the"County voters" and the
"County electorate" shall include all voters in the County, including voters in the
incorporated areas of the County;
6. The entire text of Ordinance No. 2443-18 shall not be printed on the ballot but shall be
printed in the voter information portion of the sample ballot. z
7. A fiscal impact statement by the County Auditor,which is authorized by Elections Code
section 9160(c), is not required.
RESOLUTION NO. 2003603
8. In accordance with Elections Code section 13120, the ballots to be used when voting
upon the Large-Scale Retail Businesses Ordinance shall read as follows:
Shall the Large-Scale Retail Businesses Ordinance, Contra Costa County YES 0
Ordinance No. 2003.18, be adopted? NO [l
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:OMBER 7, 2003
JOHN SWEETEN, Clerk of the Board of Supervisors
and County Administrator
0
BY
Deputy
Contact: Supervisor John Gioia(5 10)374-3231
cc: County Administrator
Clerk-Recorder
County Counsel(KTK)