HomeMy WebLinkAboutMINUTES - 10042011 - D.2RECOMMENDATION(S):
1. OPEN hearing on the proposed formation of Zone 2606 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 2606 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.
2011/376 attached hereto, establishing Zone 2606 of County Service Area P-6 subject to
voter approval of a special tax to fund police protection services within the zone.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/04/2011 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
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Ruben Hernandez,
335-1339
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: October 4, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
D. 2
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:October 4, 2011
Contra
Costa
County
Subject:HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 2606 IN COUNTY SERVICE
AREA P-6 IN THE UNINCORPORATED AREA OF MARTINEZ (District V)
FISCAL IMPACT:
There is no fiscal impact associated with this action. The applicant is responsible for
payment of associated fees.
BACKGROUND:
Per the conditions of approval for Subdivision No. 9004 (County File #SD05-9004), prior
to recording the final map for the subdivision, the subdivider is required to establish a
special police services tax district for the subdivison 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 vacant 2.6-acre site located at 150
Hillside Lane in the unincorporated Martinez area.
On September 13, 2011, the Board granted conceptual approval of a December 6, 2011
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 Martinez.
On September 13, 2011, the Board approved Resolution No. 2011/372, 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 December 6, 2011.
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 No. 2011/376, which would establish Zone 2606 subject to voter
approval of the special tax. A separate hearing is also scheduled for October 4, 2011, to
consider the adoption of an ordinance authorizing the levy of the tax.
CONSEQUENCE OF NEGATIVE ACTION:
The failure to establish Zone 2606 would negate the effort to put the special tax measure
before the electorate on the December 6, 2011, ballot.
CHILDREN'S IMPACT STATEMENT:
CHILDREN'S IMPACT STATEMENT:
None.
CLERK'S ADDENDUM
CLOSED the hearing; DETERMINED no majority protest of the voters who reside
within the boundaries of proposed Zone 2606 exists pursuant to Government Code
section 25217.1(b)(1). ADOPTED Resolution No. 2011/376 establishing Zone 2606 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. 2011/376
Exhibit 'A', Legal Description
Exhibit 'B', Map
Resolution 2011/372