To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 1617 IN THE COUNTY SERVICE AREA OF P-6 IN THE ALAMO AREA OF THE COUNTY (DISTRICT II).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the hearing on the proposed formation of Zone 1617 within County Service Area P-6; CONSIDER all oral and written comments; and CLOSE the hearing.
2. DETERMINE whether a majority protest of the voters residing within the boundaries of proposed Zone 1617 exists pursuant to Government Code Section 25217.1(b)(1). In the event that the Board determines a majority protest exists, TERMINATE the proceedings.
3. If the Board determines a majority protest does not exist, ADOPT the Resolution, attached hereto, establishing Zone 1617 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. #9338 (County File #SD13-9338), prior to recording the final map for the 35-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 61-acre site located at 300 & 333 Camille Avenue in the Alamo area of the County.
On December 12, 2023, the Board granted conceptual approval for a March 19, 2024, ballot measure seeking approval of a special tax to fund an increase in the level of police protection services that is provided in the Alamo area of the County.
On December 12, 2022, the Board approved Resolution No. 23-646, 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 March 19, 2024.
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, which would establish Zone 1617 subject to voter approval of the special tax. A separate hearing is also scheduled for January 16, 2024, to consider the adoption of an ordinance authorizing the levy of the tax.
CONSEQUENCE OF NEGATIVE ACTION:
Zone 1617 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.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF CREATING ZONE 1617 OF COUNTY SERVICE AREA P-6 IN THE ALAMO AREA OF THE COUNTY
WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services.
WHEREAS, establishing the subject zone is a necessary step for the Board of Supervisors to seek voter approval of a special tax for increased police protection services in the zone area. Government Code Sections 25217 and 25217.1 establish procedures for the formation of a zone within a county service area.
NOW, THEREFORE, BE IT RESOLVED
1. It is in the public interest to provide an increased level of police protection services in the area of proposed Zone 1617 of County Service Area P-6.
2. A majority protest against the proposed formation of Zone 1617 does not exist, pursuant to Government Code Section 25217.1, subdivision (b).
3. Subject to voter approval of Ordinance No. 2024-01 on March 19, 2024, authorizing the levy of a special tax within proposed Zone 1617, that portion of Contra Costa County Service Area P-6 described in Exhibit A attached hereto and shown in Exhibit B attached hereto is established as Zone 1617 of County Service Area P-6, effective upon this Board’s adoption of a resolution declaring the results of the March 19, 2024, election (“Effective Date”).
4. No affected properties located in Zone 1617 will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone.
5. On or after the Effective Date, the Clerk of this Board shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plat indicating the boundaries of said zone.