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HomeMy WebLinkAboutMINUTES - 03022010 - D.2RECOMMENDATION(S): 1. OPEN hearing to consider adoption of Ordinance No. 2010-03, authorizing the levy of a special tax for police protection services in Zone 3111 of County Service Area P-6 in the unincorporated area of El Sobrante; CONSIDER oral and written comments received; and CLOSE the hearing. 2. ADOPT Ordinance No. 2010-3, attached hereto 3. ADOPT Resolution No. 2010/127, attached hereto, authorizing an election in Zone 3111 of County Service Area P-6 to consider approval of Ordinance No. 2010-03. 4. DIRECT the County Clerk, Elections Division, to conduct the election required by Government Code sections 23027 and 53978. This election shall be held at the time of the primary election on June 8, 2010. 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., CLERK RECORDER-LOPEZ, COUNTY COUNSEL-WILCOX, OFFICE OF THE SHERIFF-FISCAL, AUDITOR CONTROLLER-VERIGIN, ASSESSOR-KOCH D. 2 To:Board of Supervisors From:John Gioia, District I Supervisor Date:March 2, 2010 Contra Costa County Subject:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL FISCAL IMPACT: The approximate $15,000 cost of the election will be paid from the General Fund. If approved by the voters, the parcel tax will potentially generate $200,000 annually to support police protection services in the defined area. 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 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 in the unincorporated area of El Sobrante. 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 June 2010 primary election. The Board is scheduled to conduct a separate hearing on March 2, 2009, 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. 2010/126, establishing CSA P-6, Zone 3111 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. 2010-03), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 3111 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. Resolution No. 2010/127, 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 June 8, 2010 Primary, and supplies appropriate ballot language. CONSEQUENCE OF NEGATIVE ACTION: Failure to take action would negate the effort to put the measure before the electorate on the June 8, 2010, ballot. CLERK'S ADDENDUM Following the staff report, Chair Gioia called for public comment. The following Following the staff report, Chair Gioia called for public comment. The following people spoke: David Lowrie, resident of Potter Valley; Joan Sato, resident of El Sobrante; Barbara A. Pendergrass, El Sobrante Municipal Advisory Committee; A. L. Mellander, Save El Sobrante; Jim Bickert, Deputy Sheriff’s Association (DSA); Sharon Thygesen, resident of El Sobrante; Anthony Crescenzi; resident of San Pablo, Rollie Katz, Public Employees’ Union Local One. Chair Gioia clarified that the ordinance does not institute a tax, rather it sets the fee amount and authorizes collection on the tax roll in the event the ballot measure to form the zone passes. The ordinance goes into effect only if the voters approve the formation of the zone in the June 8, 2010 election. By unanimous vote with all Supervisors present, the Board: CLOSED the hearing to consider adoption of Ordinance No. 2010-03, authorizing the levy of a special tax for police protection services in Zone 3111 of County Service Area P-6 in the unincorporated area of El Sobrante; ADOPTED Ordinance No. 2010-03; ADOPTED Resolution No. 2010/127 authorizing an election in Zone 3111 of County Service Area P-6 to consider approval of Ordinance No. 2010-03; and DIRECTED the County Clerk, Elections Division, to conduct the election required by Government Code sections 23027 and 53978. This election shall be held at the time of the primary election on June 8, 2010. ATTACHMENTS Resolution No. 2010/127 Ordinance No. 2010-03 Resolution No. 2010/127