RECOMMENDATION(S): (CONT'D)
3. ADOPT Resolution No. 2021/185, attached hereto, authorizing an election in Zone 2608 of County Service Area P-6 to consider approval of Ordinance No. 2022-15.
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 July 26, 2022.
FISCAL IMPACT:
The cost of establishing the Police Service District and 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 purposes of providing additional funding to augment police services in the area. The property to be subdivided and placed within the proposed 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 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 in the unincorporated Martinez area of the County. 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 July 26, 2022, election.
The Board is scheduled to conduct a separate hearing on May 24, 2022, 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. 2022/185, establishing CSA P-6, Zone 2608 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. 2022-15), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 2608 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. Resolution No. 2022/185, 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 July 26, 2022, election, and supplies appropriate ballot language.
CONSEQUENCE OF NEGATIVE ACTION:
The project developer would be unable to comply with the conditions of approval for the project. The developer would be unable to record the final map for the subdivision.