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C.35

To:	Board of Supervisors
From:	John Gioia, District I Supervisor
Date:	January 22, 2010

Contra

Costa

County

Subject:

RESOLUTION OF INTENTION TO FORM ZONE 3111 OF COUNTY SERVICE AREA P-6 IN THE EL SOBRANTE AREA

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/09/2010

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYES		NOES
ABSENT		ABSTAIN
RECUSE

Contact:

Terrance Cheung, 510-374-3231

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: February 9, 2010
David J. Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. ADOPT Resolution No. 2010/97, initiating proceedings for the formation of a new zone, Zone 3111, within County Service Area P-6, in the El Sobrante area.

2. FIX a public hearing for March 2, 2010, at 9:30 a.m., on the formation of Zone 3111 within County Service Area P-6.

3. FIX a public hearing for March 2, 2010, at 9:30 a.m., to consider the adoption of Ordinance No. 2010-03, which would authorize the levy of a special tax to augment funding for police protection services in proposed Zone 3111, and to authorize submission of the ordinance to the voters for approval at the June 8, 2010, election.

FISCAL IMPACT:

The adoption of Resolution No. 2010/97 will direct the Clerk of the Board to publish notices of both public hearings, and to mail notice of the public hearing on the zone formation to all owners of parcels and special districts within the proposed zone area. Expenditures associated with giving the required notice was authorized by the Board on January 19, 2010, Item SD.5.

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.

Resolution No. 2010/97 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 voters at the June 2010 primary election. The resolution includes information regarding the name and boundaries of the zone, reason for forming the zone, the different level of service to be provided and the method by which this 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 9:30 a.m. on March 2, 2010.

If at the conclusion of that 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, Government Code section 25217.1, subdivision (b)(1), would require the Board to determine that a majority protest exists and to terminate the proceedings.

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. 2010-03, pertaining to the proposed levy of a special tax on parcels within Zone 3111 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 9:30 a.m. on March 2, 2010, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance No. 2010-03, the tax measure would be submitted for placement on the June 8, 2010, ballot.