Per the conditions of approval for Subdivision 9278 (County File #SD09-9278), the developer of the properties located at east of Bixler Road and west of Newport Drive in the Discovery Bay area of the County is required to establish a Special Police Services Tax District for the 67-lot subdivision prior to recording the final map for the subdivision. The proposed special tax district would fund an increase in the level of police protection services that is provided in the Discovery Bay area of the County.
Adoption of a resolution of intent to form a new tax district (Resolution No. 2019/77) is required by Government Code Section 25217, subdivision (b), as the first step in forming the proposed zone, which will serve as the vehicle to collect special taxes within the proposed zone if the tax measure is approved by the voters at a July 9, 2019, ballot. The resolution includes information regarding the name and boundaries of the zone, the different level of services to be provided, and the method by which the increased level of service is to be funded. The resolution also directs the Clerk of the Board to publish and mail notice of a public hearing regarding the proposed zone formation. It is recommended that the Board set this hearing for 9:30 a.m. on May 7, 2019.
If at the conclusion of that public hearing the Board determines that more than 50% of the total number of voters residing within the proposed zone have filed written objections to the formation, Government Code Section 25217.1, subdivision (b)(1), would require the Board to determine that a majority protest exists and to terminate the proceedings. The proposed police service district currently consists of two properties, totaling approximately 20 acres, owned by Lodgepole Investments, LLC., who per the conditions of approval for the subdivision is required to establish the police service district prior to recording the final map.
If there is no majority protest and the Board elects to proceed with the formation of the zone, a second public hearing would be required to consider the approval of Ordinance No. 2019-09, pertaining to the proposed levy of a special tax on the subject parcel within Zone 505 for police protection services and submission of the measure to the voters, pursuant to Government Code Section 50077, subdivision (a). It is recommended that this hearing be set at 9:30 a.m. on May 7, 2019, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance 2019-09, then the tax measure would be submitted for placement on a July 9, 2019, ballot.
If the Board does not approve this item, then Ordinance No. 2019-09 will not be adopted and formation of Special Tax Zone 505 will not occur, and the Special Tax District will not be established at the May 7, 2019, hearing.