RECOMMENDATION(S): (CONT'D)
3. If the Board determines a majority protest does not exist, ADOPT Resolution No. 2022/184, attached hereto, establishing Zone 2608 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone.
FISCAL IMPACT:
The cost of establishing the Police Service District and the election is paid for by the developer of the subdivision.
BACKGROUND:
Per the conditions of approval for Subdivision No. #9545 (County File #SD20-9545), prior to recording the final map for the 38-lot subdivision, the subdivider is required to establish a special police services tax district for the subdivision in order to provide additional funding to augment police services in the area of the subdivision. The property to be placed within the special tax district consists of a 9.92-acre site located at 197 Midhill Road in the unincorporated Martinez area of the County.
On April 26, 2022, the Board granted conceptual approval for a July 26, 2022, ballot measure seeking approval of a special tax to fund an increase in the level of police protection services that is provided in the unincorporated Martinez area of the County.
On April 26, 2022, the Board approved Resolution No. 2022/137, 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. The proposed zone would serve as the vehicle to collect special taxes within the proposed zone if a special tax measure is approved by voters on July 26, 2022.
Pursuant to Government Code Section 25217.1, subdivision (a), at the public hearing, the Board is required to hear and consider any protests to the formation of the zone. Pursuant to Government Code Section 25217.1, subdivision (b)(1), in the case of inhabited territory, if at the conclusion of the public hearing, the Board determines that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, then the Board shall determine that a majority protest exists and terminate the proceedings.
If there is no majority protest, the Board may continue the proceedings to form the zone by adopting Resolution No. 2022/184, which would establish Zone 2608 subject to voter approval of the special tax. A separate hearing is also scheduled for May 24, 2022, to consider the adoption of an ordinance authorizing the levy of the tax.
CONSEQUENCE OF NEGATIVE ACTION:
Zone 2608 would not be formed and the subdivider would be unable to comply with the conditions of approval of the project. The subdivider would be unable to record the final map for the subdivision.