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HomeMy WebLinkAboutMINUTES - 11132012 - C.17RECOMMENDATION(S): 1. ADOPT Resolution No. 2012/468, initiating proceedings for the formation of a new zone, Zone 1202, within County Service Area P-6, in the Concord (Ayers Road) area. 2. FIX a public hearing for December 11, 2012, at 10:00 a.m., on the formation of Zone 1202 within County Service Area P-6. 3. FIX a public hearing for December 11, 2012, at 10:00 a.m., to consider the adoption of Ordinance No. 2012-14, which would authorize the levy of a special tax to augment funding for police protection services in proposed Zone 1202, and to authorize submission of the ordinance to the voters for approval at the February 12, 2013 election. FISCAL IMPACT: The cost of establishing the proposed Police Services Special Tax Distrcit is paid for by the developer of the subdivision. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ruben Hernandez, 925-674-7785 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: November 13, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C. 17 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Date:November 13, 2012 Contra Costa County Subject:Resolution of Intention to Form Zone 1202 of County Service Area P-6 in the Concord Area BACKGROUND: Per the conditions of approval for Subdivision 8769 (Laurel Place Subdivision, County File #SD05-8769) the developer of the property identified as 4925 Laurel Drive in the Ayers Road area of Concord is required to establish a Special Police Services Tax District for the 8-lot subdivision prior to recording the final map for the subdivision. The proposed special tax district would fund an increase in the level of police protection services that is provided in the unincorporated area of Concord. Adoption of a resolution of intent to form a new tax district (Resolution No. 2012/468) is required by Government Code Section 25217, subdivision (b), as the first step in forming the proposed zone, which will serve as the vehicle to collect special taxes within the proposed zone if the tax measure is approved by the voters at the February 12, 2013 ballot. The resolution includes information regarding the name and boundaries of the zone, the different level of services to be provided, and the method by which the increased level of service is to be funded. The resolution also directs the Clerk of the Board to publish and mail notice of a public hearing regarding the proposed zone formation. It is recommended that the Board set this hearing for 10:00 a.m. on December 11, 2012. If at the conclusion of that public hearing the Board determines that more than 50% of the total number of voters residing within the proposed zone have filed written objections to the formation, Government Code section 25217.1, subdivision (b)(1), would require the Board to determine that a majority protest exists and to terminate the proceedings. The proposed police service district currently consist of a single 3.77-acre property owned by a single entity, Laurel Place, LP, who per the conditions of approval for the subdivision is required to establish the police service district prior to recording the final map. If there is no majority protest and the Board elects to proceed with the formation of the zone, a second public hearing would be required to consider the approval of Ordinance No. 2012-14, pertaining to the proposed levy of a special tax on the subject parcel within Zone 1202 for police protection services and submission of the measure to the voters, pursuant to Government Code section 50077, subdivision (a). It is recommended that this hearing be set at 10:00 a.m. on December 11, 2012, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance No. 2012-14, the tax measure would be submitted for placement on the February 12, 2013 ballot. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve this item, both Ordinance No. 2012-14, and formation of Special Tax Zone 1202 will not occur, and the Special Tax District will not be established at the December 11, 2012 hearing. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS Resolution No. 2012/468 Exhibit A, Legal Description Exhibit B, Map