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HomeMy WebLinkAboutMINUTES - 03022010 - D.1RECOMMENDATION(S): 1. OPEN hearing on the proposed formation of Zone 3111 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 3111 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 Resolution No. 2010/126 attached hereto, establishing Zone 3111 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone. FISCAL IMPACT: There is no fiscal impact associated with this action. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/02/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Terrance Cheung, 6-3231 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: March 2, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: OFFICE OF THE SHERIFF-F.O.B., ASSESSOR-KOCH, AUDITOR CONTROLLER-VERIGIN, CLERK RECORDER-LOPEZ, COUNTY COUNSEL-WILCOX, OFFICE OF THE SHERIFF-FISCAL D. 1 To:Board of Supervisors From:John Gioia, District I Supervisor Date:March 2, 2010 Contra Costa County Subject:HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 3111 IN COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED AREA OF EL SOBRANTE (District I) BACKGROUND: On January 19, 2010, the Board granted conceptual approval of a June 2010 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 area of El Sobrante. This action also authorized expenditures necessary to complete staff work associated with developing the ballot measure and listing the measure on the June 2010 ballot. On February 9, 2010, the Board approved Resolution No. 2010/97, 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 at the June 2010 primary election. 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. At last count, there were 6,909 registered voters residing with the boundaries of proposed Zone 3111. Unless this number changes prior to the hearing on March 2, 2010, 3,455 written objections would need to be submitted before the close of the hearing in order for there to be a majority protest. On March 2, 2010, the Board will be advised of any changes in those numbers. As of February 24, 2010, a total of 40 written objections had been received by the Clerk of the Board. If there is no majority protest, the Board may continue the proceedings to form the zone by adopting Resolution No. 2010/126, which would establish Zone 3111 subject to voter approval of the special tax. A separate hearing is also scheduled for March 2, 2010, to consider the adoption of an ordinance authorizing the levy of the tax. CONSEQUENCE OF NEGATIVE ACTION: The failure to establish Zone 3111 would negate the effort to put the special tax measure before the electorate on the June 8, 2010, ballot. CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM Chair Gioia called for public comment. Tim Ewell, County Administrator’s Office, presented the staff report. Mr. Ewell informed the Board that at the time of this hearing, 75 protests had been received, of which 54 were registered voters in Contra Costa County; a majority protest does not exist. Chair Gioia called for public comment. The following people spoke: E. Montez, resident of El Sobrante; Joan Milner Sato, resident of El Sobrante; Marilynne Melcader, Save El Sobrante; Ruth Middleton, resident of El Sobrante; Margaret Hooper, resident of El Sobrante; David Lowrie, resident of Potter Valley; Eddy Guerra, El Sobrante; Susan Swift, resident of El Sobrante; Bill Reichman, resident of San Pablo; Edgar Perry, resident of El Sobrante; Ed C. Spears; Anthony Crescenzi; Fred L. Harvey, resident of El Sobrante; Araham Tingey; Eleanor Loynd, El Sobrante Planning & Zoning Advisory Committee; Barbara Pendergrass, El Sobrante Municipal Advisory Committee. By unanimous vote the Board: CLOSED the hearing on the proposed formation of Zone 3111 within County Service Area P-6; DETERMINED no majority protest exists of the voters residing within the boundaries of proposed Zone 3111 exists pursuant to Government Code section 25217.1(b)(1); and ADOPTED Resolution No. 2010/126 establishing Zone 3111 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone. ATTACHMENTS Resolution No. 2010/126 Resolution No. 2010/126 Resolution 2010/126 Exhibit "A" Resolution 2010/126 Exhibit "B"