Agenda

Return

C. 36

To:	Board of Supervisors
From:	John Kopchik, Director, Conservation & Development Department
Date:	September 7, 2021

Contra

Costa

County

Subject:

RESOLUTION OF INTENTION TO FORM ZONE 1517 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA OF THE COUNTY. (DISTRICT II)

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 09/07/2021

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Jennifer Cruz, (925) 655-2867

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: September 7, 2021
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

1. ADOPT Resolution No. 2021/270, initiating proceedings for the formation of a new zone, Zone 1517, within County Service Area P-6, in the unincorporated Walnut Creek area of the County.


2. FIX a public hearing for October 5, 2021, at 9:00 a.m., on the formation of Zone 1517 within County Service Area P-6.

RECOMMENDATION(S): (CONT'D)

3. FIX a public hearing for October 5, 2021, at 9:00 a.m., to consider the adoption of Ordinance 2021-30, which would authorize the levy of a special tax to augment funding for police protection services in proposed Zone 1517, and to authorize submission of the ordinance to the voters for approval at the December 7, 2021, election.

FISCAL IMPACT:

The cost of establishing the proposed Police Services Special Tax District is paid for by the developer of the subdivision.

BACKGROUND:

Per the conditions of approval for Subdivision 9547 (County File #SD20-9547), the developer of the property located at 2424 Olympic Boulevard in the unincorporated Walnut Creek area is required to establish a Special Police Services Tax District for the 6-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 unincorporated Walnut Creek area.

Adoption of a resolution of intent to form a new tax district (Resolution No. 2021/270) 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 on the December 7, 2021, 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 9:00 a.m. on October 5, 2021. 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 a single 0.98-acre property owned by the Walnut Creek Venture, Inc., 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. 2021-30, pertaining to the proposed levy of a special tax on the subject parcel within Zone 1517 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 9:00 a.m. on October 5, 2021, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance No. 2021-30, then the tax measure would be submitted for placement on the December 7, 2021, ballot.

CONSEQUENCE OF NEGATIVE ACTION:

If not approved, Ordinance No. 2021-30 will not be adopted, formation of Special Tax Zone 1517 will not occur, and the Special Tax District will not be established at the December 7, 2021, hearing.