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HomeMy WebLinkAboutMINUTES - 06032003 - SD2 TO: BOARD OF SUPERVISORS .,r.... ..... ,a } ++ FROM: Supervisor Gayle B. Uilkema �iCosta DATE: May 20, 2003 County SUBJECT: ACKNOWLEDGE RECEIPT OF REPORT FROM THE BRIONES STEERING COMMITTEE REGARDING A PROPOSAL TO NAME AN UNINCORPORATED AREA OF THE COUNTY "BRIONES„ SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1} ACKNOWLEDGE receipt of a letter dated June 1, 2001, from the Briones Steering Committee to Supervisor Uilkema requesting support to name an unincorporated area of the County "Briones.,' 2) ACKNOWLEDGE receipt of a handout titled "Arguments For and Against Naming This Area 'Briones"' and of a form of proposed ballot. 3) ACKNOWLEDGE receipt of a handout titled "Procedures: Community Poll on Naming Unincorporated Area of Contra Costa County `Briones."' 4) ACKNOWLEDGE receipt of a description of the geographical area proposed to be named "Briones," including a map of that area. (The description of this geographical area is: 1000- 1238 of Bear Creek Road, 105-195 of Hampton Road, all of Bear Oaks Drive, all of Bear Oaks Court, all of Bear Oaks Lane, all of Bear Oaks Place, all of Garcia Ranch Road, all of Rancho del Lago Road, all of Boca del Canada, and 700-798 of Rancho la Baca Road.) 5) REFER the proposal to name an unincorporated area of the County "Briones" to the Community Development Department to confirm that there is no cost to the County regarding the proposal,other than the cost of the mailings referred to in Item 8 below, and inform the Board of Supervisors thereof in writing. ---- t, CONTINUED ON ATTACHMENT: _X YESSIGN # -------------------------------- _ R - -------- ------ --------- ---------------r ell- ---------- ------------.-__`-----— ------------------------------------------ RECOMMENDATION OF COUNTYADMINISTRATOR RECOMMEN TION OF SOAR 6M n7EE APPROVE OTHER SIGNATURE(S): BOARD ONUNL- of / APPROVE AS RECOMMENDED v_-_- -- OTHER m- -- SIE SPEAM CARDS ATTACHED. VOTE OF SUPERVISORS I HEREBY CERTIFYTHAT THIS IS A TRUE � AND CORRECT COPYOF AN ACTION TAKEN UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN, ABSENT: ABSTAIN: s, i57R yt it `Au -_ ATTESTED CONTACTsZ : L vers(335-1446) JOHN $WEE EN, CLERK OF THE BOARD OF GC: County Administrator SUPERVISORS AND COUNTYADMINISTRATOR Community Development Director County Counsel(PSA) Clerk-Recorder(Elections) ' ' ; , BY ,DEPUTY 6) REQUEST the County Clerk-Recorder to provide the League of Women Voters with a current list of registered voters in the geographical area identified in Item 4 above and REQUEST the County Assessor to provide the League of Women Voters with a current list of the name and tax billing address of the owner of each parcel of land listed on the latest updated assessment roll for the geographical area identified in Item 4 above, with any costs of both to be paid by the Briones Steering Committee. 7) REQUEST that the Briones Steering Committee contact the League of Women Voters to conduct an election using the items identified in Item 2 above (arguments/ballot); Item 3 above (procedures); Item 4 above (description of geographical area and map); and Item 6 above (voter and parcel owner data bases), and REQUEST the League of Women Voters to certify the vote, with the election results to be filed with the Clerk of the Board of Supervisors within three business days after certification of the vote by the League of Women Voters. 8) If the League of Women Voters certifies that a simple majority(fifty percent plus one) vote of the votes cast by the currently registered voters listed on the list identified in Item 6 above and that a simple majority (fifty percent plus one) vote of the votes cast by the parcel owners listed on the roll identified in Item 6 above voted "yes" on the ballot, AUTHORIZE the naming of the said area as "Briones" and DIRECT County staff to send letters to all incorporated cities in the County, to the County's federal and state legislative delegation, to the California Secretary of State, and to the United States Postal Service informing them of this action by the Board of Supervisors. FINANCIAL IMPACT: No costs other than for the mailings referred to in Item 8 above shall be incurred by the County. All other costs shall be borne by the Briones Steering Committee. BACKGROUND INFORMATION: The Briones Steering Committee, consisting of persons residing in an unincorporated area of the County to the west of Martinez, wishes to have the County designate the area"Briones." The specific area proposed to be designated "Briones" includes the unincorporated area of the County in all or part of Bear Creek Road, Hampton Road, Bear Oaks Drive, Bear Oaks Court, Bear Oaks Lane, Bear Oaks Place, Garcia Ranch Road, Rancho del Lago Road, Boca del Canada, and Rancho La Boca Road. The Briones Steering Committee has proposed the name based upon resident input, including an advisory poll conducted in May of 2001. The Briones Steering Committee wishes to have the League of Women Voters conduct an election as described herein in the area and, if a majority supports the name "Briones," to have the Board of Supervisors acknowledge its use for the area described in Item 4 above. HAMemos to B0%Bdones2.wpd Gayle B. Uilkema Page 1 of 5 1 June 2001 Gayle B. Uilkema, Supervisor Contra Costa County,District 2 County Administration,Building 651 Pine Street,Room. 108-A Martinez, CA 94553-1293 Dear Supervisor Uilkerna, For the past three (3)years, a group of neighbors has been engaged in a project,which, they hope, will culminate in the naming of their community,which is Ionated in an unincorporated part of Contra Costa County. By naming their community,the group seeks to avoid the confusion associated with having a Martinez mailing address and living nowhere near Martinez.In addition,the group wishes to give a special name and identity to the special area in which it lives. Today, we present to you the results of a community ballot,taken to determine whether the voters and landowners in the subject area supported the naming concept. The following is a summary of the historical process undertaken in this effort. By attached Exhibits,referred to in the summary,more detailed information is provided for the ready reference of the reader. • 6-24-98: Letter to Supervisor Uilkema, seeking assistance and guidance in the naming of the community. (Exhibit,, ). 7-21-98: Supervisor Uilkema.'s office provides assistance in getting started in the process. (Exhibit"2") * 8-1-98: The beginning of three(3)years of community meetings, in which everyone was invited to attend and share their views. (Exhibit"Y'). • 11-9-9 : At the request of Supervisor Uilkema., County Counsel offers advice concerning the procedure to be followed to name a community, including a community voting procedure. (Exhibit"4"). Gayle B. Uilkema Page 2 of 5 • 1-15-99: Supervisor Uilkema's office is requested to seek specific advice from County Counsel as to the data base(s)to be used for the community vote. (Exhibit 64537). • 2-2-99: County Counsel offers advice as to the appropriate data bases(registered voters and parcels within the subject area). (.Exhibit 44677). • 3-10-99: Supervisor Uilkema's office is requested to assist in obtaining official information for the data bases (registered voters and parcels within the area). (Exhibit'T'). • 4--"5�-99: Supervisor Uilkema provides registered voter data base and advises as to procurement of parcel data base. (Exhibit 44877). • 4-29-00: Supervisor Uilkema's office is provided with update as to status of project(data bases assembled per advice of County Counsel;League of Women Voters contacted to assist and supervise the community election process; preparation underway of a mailing to all in the data bases, inviting.participation in committees to prepare arguments for and against the naming; intent to submit any such arguments which are challenged as being factually inaccurate to County Counsel for verification as to accuracy;intent to include approved arguments with ballots; intent to have League of Women Voters verify the ballot results and submit the same to Supervisor Uilkema for her consideration, and if found to be worthy of submission,to submit the same to the Board of Supervisors with her recommendation and support for adoption of the naming). (Exhibit C49"). • 5-15-00: Supervisor Uilkema acknowledges update and offers continuing support of the fair and democratic process which'has been followed. (Exhibit"10"). • 7-10-00- Assessor's office is requested to provide updated database information for parcels. (Exhibit 6011 • 8-21-00: Supervisor Uilkema's office is requested to assist in providing updated data base information for registered voters. (Exhibit"12"). • 9-5-00: Supervisor Uilkema's office provides updated voter registration data base information. (Exhibit"13"). • 8-??-00: Assessor's office provides updated parcel data base information. 2 Gayle B. Uilkema Page 3 of 5 O 9-25-00: League of Women Voters sends mailer to all on both data bases (advising that the League is conducting a community advisory poll; giving notice of meeting to prepare supporting and apposing statements to be included with the ballots; describing the subject geographical area; inviting participation in the writing of the statements pro and con; describing the procedure surrounding the voting process). (Exhibit"14"). * 10-21-00: League of Women Voters supervises meeting to farm committees to prepare arguments for and against the proposal to name the community. Committees formed,and arguments written. luring the meeting, question raised as to legality of naming the area"Briones Valley"when another area near Brentwood appears with that name on the County map. • 1-13-01. Supervisor Uilkemsa's office requested to seely opinion from County Counsel concerning the legality of using the name"Briones Valley". (Exhibit rt1571 • 1-30-01: County Counsel opines that although not illegal to use the name in such circumstances,the Board of Supervisors would not want to create confusion by naming an area with the same name. (Exhibit"16"). • 3-16-01: Letter sent to all on both data bases, advising of the inquiry to, and the response from., County Counsel; and advising that,in order to avoid the potential for confusion, the proposed name for the community would be changed from. "Briones Valley"to"Briones". (Exhibit"177'). • 5-7-01: League of Women Voters mails ballots to all on both data bases,together with arguments for and against the naming of the area"Briones''. Ballots required to be postmarked by 5-18-01 and to be counted on 5-24-01. i 5-24-01: League of Women Voters presides as the ballots are opened,verified, and counted, in the presence of a representative from each of the committees in favor of, and opposed to,the naming. As will be separately reported by The League of Women Voters,the votes in favor of naming the area.`Briones"prevailed. 3 Gayle B. Ililkema Page 4 of 5 We now recall the following"Recommended Action"No. (5)of the Board of Supervisors dated 5-25-93 in connection with the naming of Bay Paint: "I,f a simple majority vote favors this change, authorize that the name,change officially become e,f,fectave and direct staff to implement the name change with a letter to all department heads, to all 18 cities,to our Federal and State legislative delegation,to the Secretary of State, and to the U.S. Postal Service." Supervisor Uilkema,the Briones Steering Committee wishes to thank you for your assistance throughout this lengthy process. We are hopeful that the foregoing satisfies you that a fair and democratic process has been utilized in our endeavor to bring to you an expression of our community's desire to be recognized by its own name. If so, we would be pleased if you would support the naming of the area as "Briones" and move the Board of Supervisors to so name the area, and to implement the naming of the area in the manner quoted above. Dated: 1 u o e- 2001 The Briones Meering Committee F Gretchen Mork Paul Brooks 4 Gayle B. Uilkema. Page 5 of 5 William R.Foley Arguments For and Against Naming This Area "Briones" FOR: AGAINST. "I know how to get to Martinez," your friend 1.)There is no reason to name our area Briones from San Francisco assures you. "You take as we do not have a post office, a police force,or Highway 80 to Highway 4." any public buildings at all. Existing county You sigh, then patiently explain that it is services are sufficient. There is no need to much shorter to take Highway 24 and get off in delineate our area and doing so might open the door Orinda. After snaking sure that he understands for thoughts of development or the gated your directions, he asks the inevitable question, community outlook. "Then why is your address Martinez?" 2.) The full Briones area is not represented. If We all know this scenario. We have had this one brings up the school, then given the location of conversation countless times, and this is the the school, all the homes north of the school should primary reason we feel that our little community have been included. Since the school was on the should have a name of its own. Calling corner of Bear Creek Road and Alhambra Valley ourselves Martinez makes about as much sense Road, that would include all the homes and ranches as calling ourselves Orinda, Lafayette, or Pinole. off of Pereira Road. The proposed boundary does We simply don't live there. Anyone looking for not include of all the people who in fact live in the us in these locations wouldn't find us. area that is described in the arguments for naming it Briones. They chose not to be included when Briones is the logical name for this asked, which is the same as a NO vote. t community. We have Briones Park, Briones � 3.) The full community has residents who have Hills, Briones Reservoir; the road Hanning through Briones Park is Old Briones Road, our lived in this area since the 1800'x. That represents fire station is called Briones, the old school at the over 100 years and three centuries. They are the corner of Bear Creek and Alhambra was called families who are most effected. They are not Briones Valley School, and the federal survey looking at their property values for the purpose of map calls this area the Briones Valley resale, the effect of the name Martinez rather than } Quadrangle. Orinda for property valuation,because their heritage is their investment and it,in fact, The main impact of being officially represents thousands of acres,not five or ten. recognized as Briones will be a small sign on the road and being able to use Briones on our land 4.) There is a larger turnover rate of property deeds and our driver's license. Eventually we for recent residents than for the old families, so should newcomers determine what the area is may be on maps as well. Our zip code, school called. districts, and zoning will not change. call There is no other agenda with naming our )This is a designated and named Agricultural community Briones. This is about adopting a Preserve. It does not need another name. name, nothing else? Nobody, whether for or 6.)In changing the name Briones Valley to just against the naming, wants (1) a change in our Briones, one only increases the confusion. There zoning; (2) to incorporate; or (3) increased taxes. are entrances to Briones (the park)off of Reliez We love our unique little community as it is and Valley Road,Bear Creek, AND Alhambra Valley j don't want to change it. roads. So that name is not unique and will only confuse directions to our area. --- Gretchen Mork, Paul Brooks, Roger Howe, 7.)The name Bear Creek Road is a nine or ten and Bill Foley mile stretch of the road unique and unused anywhere else in the entire county so it should Hat be difficult for people to give directions. One looks up a street name to find an address and there it is. It is clearly marked in the Thomas guide and even on privately published maps. It does not change the fact that you would still have to give the EXACT i same directions to someone to find our location. S.)When people ask why is our address Martinez, the answer is simply"We live out in the county more than 10 miles from Martinez. Martinez is the past office that serves our area." This should establish also that we are not located in town. 9.) Marking street names AHEAD of their location would alleviate the difficulties people, truck deliveries and services seem to have in finding us. This was suggested by our local fire department 15 years ago. The preservation of this unique area is an issue to all who live here no matter the length of time involved. Longtime residents as well as newcomers live here because is it completely outside of the kind of life in the cities and suburbs. The countryside is just that—country. There is no real need to name this area and we hope that you all will vote on this issue with that in mind. Your votes will make a difference. Exercise your voting privilege in this very important matter and with that vote,please consider very carefully why you came here in the first place. --Frank Nunes,Ed Nunes, Carla Bernardi Nunes, Frank Nunes, Jr.,Linda Sutton,Richard Sutton, Carrole Dwinell, Roger Dwinell,Heddy Dutra, Lawrence Nunes and Betty Taylor. E i G 3 PROCEDURES: COMMUNITY LAITY POLL ON NAMING UNINCORPORATED ORPORATED AREA OF CONTRA COSTA. COUNTY "BRIONJC S" Description of Poll This community advisory poll is being conducted by the League of Women Voters of.Diablo Valley at the request of homeowners in the Unincorporated Area of Contra Costa County and of the Centra Costa County Board of Supervisors. The purpose of the poll is to ascertain if the citizens of this area support the naming of their community "Briones". If a simple majority of the votes cast favors the naming of the community, the Board of Supervisors will officially implement the naming. Dates of Poll The poll will be conducted by mail on or about At that time,ballots will be mailed to each currently registered voter and to each property owner in the subject area of Contra Costa County. Filled out ballots can be returned as follows: mailed to the League through a postmark date set forth on the ballot, or delivered to a location and by a date and time set forth on the ballot. Eligible Voters There are two classes of eligible voters: 1) all persons who reside in the defined geographical area who are registered voters with the Contra Costa County Elections Department as of (one vote per registered voter); and 2) each parcel of land in the defined geographical area(one vote per parcel). Geographical.Area of Foil Residents who are eligible voters, as well as the owners of the parcels of land of the subject unincorporated area., which includes Bear Creep Road (1000-1238), Hampton Road (105.195), Bear Maks Drive (all), Bear Oaks Court(all), Bear Oaks Lane (all),Bear Oaks Place (all), Garcia Ranch Road (all), Rancho del Lago Road (all), Boca del Canada (all), and Rancho la Baca Road (700-798) (maps designating this area are enclosed), who currently vote in the Contra Costa County District 2 Supervisor's election. This represents approximately _ voters and parcels of land at the present time. Ballot Procedures 1) The wording on the attached ballot will be used. a. ballots will be printed for use by registered voters. One ballot will be mailed with a letter from the League to each currently registered voter. b. ballots will be printed for use by registered owners. One ballot will be mailed with a letter from. the League to the tax billing address of each such parcel of laud. 2) Voters will fill out the ballot, fold and seal it in the provided return envelope. They must sign their name as registered in the upper leflhand corner (return address section) of the envelope, then print or type their registered name and address below their signature. Only one ballot may be placed in any envelope. No other materials may be enclosed with the ballot. Failure to follow any of the instructions will void the ballot. Property owners and registered voters may receive more than one ballot and should return every ballot in its own envelope. 3) Voters must mail the ballot to the League at the address specified on the ballot. 4) Residents or property owners who do not receive a ballot or who lase or misplace their ballot may request a ballot by phoning the League of"Women.Voters at(925) 283-2235. Any registered voter or parcel owner will be allowed to tape one ballet, and must sign a log with his or her name, address, and if for a parcel, the parcel number. 5) Voters may also deliver their signed and sealed ballot envelopes, on the date, and at the time, stated on the ballot by depositing them in the ballot box at the polling place designated on the ballet. Voters may deliver any number of ballots from other eligible voters, so long as each separate ballot is sealed in a properly signed envelope. &) The League will accept ballots that arrive in Post Office Box No. , Walnut Creek, CA 94595 by 2 p.m. or were dropped off at the polling place by 1 p.m. on the date stated on the ballot. 7) The League will tally ballots beginning within a few days after the voting deadline. Sealed and signed ballot envelopes will not be opened until all verification procedures are completed. Verification Procedures l.) The name and address on each ballot envelope will be compared to the computer printout from the Elections Department as of or the computer printout from the Assessor's office as of Ballot envelopes showing a name and address not on the computer printouts will be removed and the enclosed ballots will not be counted. 2) Ten percent of the resident voter ballot envelopes will be selected at random and taken to the Elections Department in Martinez, and each signature on each envelope will be physically compared to the signatures on file with the Elections Department. If more than three false signatures are discovered in this random check, then the .League will contact the proponents and opponents and ask if the League should check signatures on every ballot. If either the proponents or the opponents request the League to mare such a check, the League will do so, but this would involve an additional cost (to be paid by the group requesting the farther check) and will delay the release of the election. If less than three false signatures are discovered in the random checks, then the League will proceed to count the ballots without farther checks, Any false signatures discovered will result in the enclosed ballot being voided, TalhJug of Ballots After the verification procedures have been completed, the ballot envelopes will be opened and the ballots separated from the envelopes. The ballots will then be counted. A simple majority (fifty percent plus one) of the total eligible ballots returned for both of the two voting groups will be sufficient to decide the question. The tally sheets will be signed and certified by the League volunteers. The tally sheets, eligible ballots, voided ballots, and reasons therefor, eligible ballot envelopes and ineligible ballot envelopes will be kept on file by the League at the League office in Lafayette for six months after the poll and will be available for inspection by any interested voter at a mutually convenient time. The League will report the results as soon as is practicable simultaneously to the Clerk of the Board of Supervisors and Supervisor Uilkema's office. If it is necessary to check every ballot signature per procedure outlined above, the League will report the results promptly after that procedure is completed. Contact persons Supervisor Uilkem.a shall serve as liaison to the League and to make decisions if any are required due to unforeseen circumstances not covered in these procedures. Rules of Conduct The Board of Supervisors requests that opponents and proponents follow these rules of conduct in campaigning. 1) No personal attacks on individuals on either side. 2) No flyers or mailers distributed or posted without the name and address of the person or committee writing or distributing the flyer contained within it. 3) No signs posted in violation of law. 4) Removal of signs as soon as possible after the poll is completed. 5) No campaigning within 100 feet of the polling place on the polling date. No signs posted within-100 feet of the polling place. Conflict of Interest Statement League volunteers involved in working on this poll shall not be residents, property owners or business owners in the subject unincorporated area and shall have no financial or personal interest in the outcome of the poll. Compensation The League shall be reimbursed by the proponents (Briones Steering Committee) for actual expenses, including copying and printing, rental of a post office box or mail drop, mileage, and telephone. BALLOT Naming Unincorporated Area of Contra Costa County (In Supervisorial District 2) "Briones" Community Poll Conducted by the League of Women`Dotes Instructions 1} Decide.how you wish to vote and fill out ballot below. 2) Fold ballot and seal in the provided return envelope. In the upper lefthand coiner (return address section) of the envelope, sign your name as registered. Then print or type your full name and address below your signature. Only-one-ballot rnM be lacedin any envelope. No other material may be enclosed with the ballot. Failure to follow any of the instructions will void the ballot. 3) Mail ballot to the League of Women Voters, P. 0. Box_ , Walnut Creek, CA 94595. This ballot must be postmarked on or before poll deadline, , to be counted. 4) The League will separate the ballots from the signed envelopes before tallying the votes so that the secrecy of your ballot is preserved. 5) You may vote in this poll if your residence address is located within the subject area and you were registered to vote with the Contra Costa County .Elections Department as of (one vote per registered voter). 6) You may also vote in this poll if you are the owner of a parcel of land within the subject area, as shown on the Assessor's office computer list as of (one vote per parcel). 7) If you are entitled to more than one vote (e.g., a registered voter who is also the owner of such a parcel) you are entitled to vote in each category. However, each Ballot must be returned in its own envelope. It is important that you fallow these instructions exactly in order for your ballot to be counted. DO YOU SUPPORT NAMING THIS AREA "BRIONES"? [ I Yes [ I No REQUEST TO SPEAK FURY (TMEE (3) MINUTE LIMIT) PLEASE PRINT LEGIBLY Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: .: L - f Phcmne -- a J c. 1 3. Address: City Zip Code:—"� I am speaking for myself— or organization. CHECKONE: (name of organization) ',, I wish to speak on Agenda Item# Date: e My Comments will be general Yor against I wish to speak on the subject of ,C. I do not wish to speak on the subject but leave these comments for the board to consider: