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Thursday, May 21, 2020

Vacant Lot Vote Legal?

The Utilities Advisory Committee of the Los Osos Community Services District got a bombshell public comment at the last period of Public Comment at Wednesday's, May 20 meeting! Sewer Watchdog Julie Tacker spoke about how she brought an irregularity to the County on the recent 218 protest vote. 

There were not enough protests to stop the sewer rate increase. But people have not given up on trying to invalidate the vote.

Julie's Public Records Request brought out the fact that approximately 500 vacant lots were allowed to make a protest vote, which as they have no house, and no sewer, no one protested. These vacant lot owners were not allowed to vote in the 2007 218 vote when we voted to assess ourselves to pay for building a sewer—to the tune of $24,941.19 per single family home. 79.67% of the properties in the Prohibition Zone voted yes, and around 70% voted. So it was a hefty YES.

These were two different types of 218 votes though. The big dollar amount needed 67% yes votes to say YES, we would assess ourselves. The rate increase type of 218 requires 50% plus one to say NO, we don't want the increase.

The figures I have showed 978 protest votes where 2,833 was the count for ballots sent out. So, if one subtracted 500 (approximately) from that count, that leaves 2,333 non-vacant lot votes. There were 978 protests. 50% of 2,333 equals 1,167, rounding up. Then add the one to get to 50% plus one, you have 1,168. So, my bad math skills compute that there should have been 190 more votes to stop the rate increase.

Anyway, this issue has gone to County legal counsel, so we will see what happens.

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