To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL (DISTRICT V)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN hearing to consider adopting Ordinance No. 2024-09, authorizing the levy of a special tax for police protection services in Zone 216 of County Service area P-6 in the Bay Point area of the County; CONSIDER oral and written comments received; and CLOSE the public hearing.
2. ADOPT Ordinance No. 2024-09, attached hereto.
3. ADOPT a Resolution, attached hereto, authorizing an election in Zone 216 of County Service Area P-6 to consider approval of Ordinance No. 2024-09.
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 16, 2024.
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. 9588 (County File #SD21-9588), prior to recording the final map for the 15-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 2.88-acre site located at Pullman Avenue and Fairview Avenue in the Bay Point area of the County.
On April 9, 2024, the Board approved Resolution No. 2024-135, 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 Bay Point 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 16, 2024, election.
The Board is scheduled to conduct a separate hearing on May 14, 2024, 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 the Resolution, establishing CSA P-6, Zone 216 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. 2024-09), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 216 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. This Resolution, 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 16, 2024, 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.
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 AUTHORIZING A SPECIAL TAX IN PROPOSED ZONE 216 OF COUNTY SERVICE AREA P-6
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. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection.
NOW, THEREFORE, BE IT RESOLVED
1. Ordinance No. 2024-09, adopted on this date, is to be presented for approval of the voters of proposed Zone 216 of County Service Area P-6 at the election to be held on July 16, 2024, according to the following ballot proposition:
“Shall Ordinance No. 2024-09, to provide additional funding for police protection services, be approved to authorize a special tax on property located in Zone 216 of County Service Area P-6 in the Bay Point area of the County, at an initial annual amount of $200 per parcel for single-family, residential parcels, with higher and lower amounts for properties in other use categories identified in the ordinance, commencing with the tax year beginning July 1, 2025?"
2. The Contra Costa County Registrar of Voters is designated as the Election Official for this election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to hold the election described in this resolution including, but not limited to, providing notices of times within which arguments for and against are to be submitted.
3. The County Administrator, or his designee, shall serve as the Eligible Filer for purposes of filing necessary documents with the Elections Official to facilitate listing of the above ballot proposition.