HomeMy WebLinkAboutMINUTES - 03161993 - 1.59 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on _March 16, 1993 , by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Grand Jury Report on Proposed Benefit Assessments
The Board received report No. 9305 dated March 3 , 1993 ,
from the 1992-1993 Contra Costa County Grand Jury Foreman entitled
Process Used to Inform Voters of Proposed Benefit Assessments.
IT IS BY THE BOARD ORDERED that the aforementioned
report is REFERRED to the Internal Operations Committee and the
County Administrator.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of th3
Board of Superyr ors on the date shown, �3
ATTESTED: (/ --
PHIL BATCHELOR,Clerk of the B aro
of upervisors and County Administrator
cc: County Administrator
Grand Jury Foreman
Internal Operations Committee by ,Deputy
- 15�
A REPORT BY
THE 1992-93 CONTRA COSTA COUNTY GRAND JURY
1020 Ward Street _
Martinez, CA 94553 RECEIVE;,
(510) 646-2345 i
CLERK BOARD OF S,;F�,;`:,SORS
Report No. 9305 CONTRA COSTA t:0.
Process Used to Inform Voters
of
Proposed Benefit Assessments
Approved by the Grand Jury:
Date: 3 Mae 93
Annemarie Goldstein
Grand Jury Foreman
Accepted for Filing:
/n�-- i
Date: � -=
� J'z `� e`7-7 3
Richard S. Flier
Judge of the Superior Court
SECTION 933 (c) OF T1-F_ CALIFORNIA PENAL CODE
Sec. 933. Findings and recomtnendations; com—
ment of governing bodies, elective officers,
or agencl heads
(c) No Iate. than 90 days after the end jury submits
a final report on the operations of any public agency
subject to its reviewing authority, the governing body of
the public agency shall comment to the presiding judge of
the superior court on the findings and r==endatior:s
pertaining to matters under the control of the governing
body, and every elective county officer or asency head for
which the grand jury has responsibility pursuant to
Section 914.1 shall comment within 60 days to the
presiding judge of the superior court, with an information
copy sent to the board of supervisors, on the findings and
recommendations per aimn-to matters under the control
of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or
controls. In any city and county, the mayor shall also
comment on the findings and recommendations. All
such comments and reports shall forthwith be submitted
to the presiding judge of the superior court who impan-
eled the grand jury. A copy of all responses to grand
jury reports shall be placed on file with the cleric of the
public agency and the office of the county clerk, or the
mayor when applicable, and shall remain on file in those
offices. One copy shall be placed on file with the
applicable grand jury final report by, and in the control
of the currently impaneled grand jury, where it shall be
maintained for a minimum of five y=n. (Added by
Stars 1961, c 1284. § 1. Amended by Stat_1963, c 674,
§ 1: Sra=1974, c 393. § 6.• Srau1974, c 1396, § 3:
Stats1977, c 107, § 6: Stars1977, c 18Z § 1. Stats
1980, c 543, § 1; Stats 1981, c 203, § 1; Siam 198? c
1408, § 5; Stats 1985, c 121, § 1; S;_=1987, c 690,
§ 1: Starz 1988, c 1297, § 5.)
Fortner § 9=3, added by Smts.1982, C. 1=.:S. & 6. atnendcd by
Stau.1985.c"11.§ 2,operatiye Jan. 1. 1989,was:c lod by Stats.1987,
C. 690. § 2.
Forme- § 9:3. added by Stats.1959, c 501. i ? was repca]cd by
Stau.1959. c. 1812. § 3.
SUMMARY:
In its January 1993 mailing to all parcel owners served by the Fire Districts
governed by the Board of Supervisors, the letter failed to inform the public that a
5% protest would force the measure to be placed on the ballot. The Grand Jury
believes that the public should be made fully aware of all pertinent information
when proposed tax assessments are recommended. The Board of Supervisors can ill-
afford being less than forthright with the electorate.
FINDINGS:
1. Government Code Section 50078.12 entitled Protest by persons obligated to
expend more than S percent but less than 50 percent of expected revenue; required
vote or abandonment states:
"If the legislative body of a special district, including a county service area,
finds that the protest is made by holders of property interests proposed to be
assessed and who will be obligated to pay the proposed assessment for fire
suppression service representing more than 5 percent but less than 50 percent of the
total amount of expected revenue from the assessment, and protests are not
withdrawn so as to reduce the same to less than 5 percent, the proposed assessment
so protested shall either be submitted to approval by a majority of the voters of the
district, city, zone, or area of benefit voting on the proposition or abandoned.
"If the value of the protests equals 50 percent or more of the total amount of
expected revenue from the assessment, and protests are not withdrawn so as to
reduce the same to less than 50 percent, the proposed assessment so protested shall
be abandoned."
1. The Board of Supervisors sent a letter to all parcel owners residing in the
areas serviced by the Fire Districts governed by the Board of Supervisors in January
1993 that summarized the urgent need for the proposed assessment for fire
suppression.
3. The mailing did not include any information concerning the provisions of
laws that provide for the submission of the assessment to approval of the voters.
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CONCLUSIONS:
1. Although there may be a need for the special assessment, the failure of the
Board of Supervisors to advise voters of the 5% protest provision may create public
distrust.
2. With the skeptical mood of the electorate concerning increased taxation, the
Board of Supervisors can ill-afford to be less than forthright in informative mailings
to the voters.
RECOMMENDATIONS:
The Contra Costa County Grand Jury recommends that:
1. The Board of Supervisors immediately adopt a policy that requires the
presentation of complete information concerning protests of assessments that can be
imposed without a vote of the people.
This proposed policy should include mailings, press releases and any other
avenue used by the Board of Supervisors in providing information to the voters.
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