Agenda

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SD. 9

To:	Board of Supervisors
From:	Catherine Kutsuris, Conservation & Development
Date:	December 11, 2012

Contra

Costa

County

Subject:

HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL (DISTRICT IV)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/11/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Ruben Hernandez, 674-7785
cc:	Rosa Mena

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: December 11, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. OPEN hearing to consider adoption of Ordinance No. 2012-14, authorizing the levy of a special tax for police protection services in Zone 1202 of County Service area P-6 in the unincorporated area of Concord; CONSIDER oral and written comments received; and CLOSE the public hearing.


2. ADOPT Ordinance No. 2012-14, attached hereto.

RECOMMENDATION(S): (CONT'D)

3. ADOPT Resolution 2012/497, attached hereto, authorizing an election in Zone 1202 of County Service Area P-6 to consider approval of Ordinance No. 2012-14.

4. DIRECT the County Clerk, Elections Division, to conduct the election required by Government Code sections 23027 and 53978. This election shall be held on February 12, 2013.

FISCAL IMPACT:

The cost of establishing the Police Service District and election is paid for by the subdivider.

BACKGROUND:

Per the conditions of approval for Subdivision No. 8769 (County File #SD05-8769), prior to recording the final map for the subdivision, the subdivider is required to establish a special Police Services tax district for the purposes of providing additional funding to augment police services in the area of the subdivision. The property to be subdivided and placed within the proposed special tax district consists of a vacant 3.77-acre site located in the unincorporated area of Concord.

On November 13, 2012, the Board approved Resolution No. 2012/468, as required by Government Code section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6 in the unincorporated area of Concord. The proposed zone would serve as the vehicle to collect special taxes within the boundaries of the zone if a special tax measure is approved by registered voters within the zone area at the February 12, 2013 election.

The Board is scheduled to conduct a separate hearing on December 11, 2012, on the formation of the proposed zone. If the Board determines there is no majority protest to the formation of this new zone, and if the Board adopts Resolution No. 2012/496, establishing CSA P-6, Zone 1202 subject to voter approval of the special tax, the next step in the process is the hearing on the adoption of a special tax ordinance, the adoption of that ordinance and adoption of a resolution submitting the tax measure to the voters.

In this action, the Board is asked to conduct the hearing on, and adopt, the special tax ordinance (Ordinance No. 2012-14), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 1202 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. Resolution No. 2012/497, the adoption of which is also recommended, sets forth appropriate ballot language, directs the County Clerk, Elections Division, to conduct the aforementioned election as part of the February 12, 2013 election, and supplies appropriate ballot language.

CONSEQUENCE OF NEGATIVE ACTION:

The project developer would not be in compliance with the conditions of approval for the subdivision.

CHILDREN'S IMPACT STATEMENT:

None.

CLERK'S ADDENDUM

CLOSED the hearing; ADOPTED Ordinance No. 2012-14; ADOPTED Resolution 2012/497 authorizing an election in Zone 1202 of County Service Area P-6 to consider approval of Ordinance No. 2012-14; and DIRECTED the County Clerk, Elections Division, to conduct the election required by Government Code sections 23027 and 53978. This election shall be held on February 12, 2013.