Title
Department of Transportation recommending the Board adopt and authorize the Chair to sign Resolution 062-2023 setting for election a measure to consider a special tax increase to provide road improvement and maintenance services in the Pineoakio Road Zone of Benefit 98129 within County Service Area 9; noting that the measure will be submitted to the zone electorate on the ballots distributed for the scheduled Election to be held November 7, 2023. (Supervisor District: 4)
FUNDING: County Service Area Zone of Benefit Special Taxes. (100%)
Body
DISCUSSION / BACKGROUND
On April 29, 1986, the Board of Supervisors formed the Pineoakio Road Zone of Benefit No. 98129 by Resolution 109-86 for the purpose of providing road improvement and maintenance services.
The Policy and Procedure Guidelines for Creation and Administration of Zones of Benefit within a County Service Area (Guidelines), amended version adopted June 2, 1987, provided for the Zone Advisory to make recommendations regarding the level of the annual assessments to be placed on the tax roll. Assessments were set annually by Resolution of the Board, as allowed under County Service Area laws at the time. On February 10, 2015 (Legistar File 14-1292, Item 29), the Guidelines were amended for, among other things, consistency with current state laws and County practices regarding benefit assessments and special taxes.
Prior to November 6, 1996, the effective date of Articles XIIIC and XIIID of the California state constitution, also known as Proposition 218, the Zone of Benefit Advisory Committee recommended an assessment/service charge to fund zone operations at $250 per parcel.
On August 26, 2014, a mailed ballot election was conducted at the request of the Pineoakio Road Zone Advisory Committee to replace the benefit assessment with a special tax of $350 per parcel with an adjustment to an amount of $250 commencing fiscal year 2020/2021. Measure C was presented to the electorate of the zone, and did not achieve the required two-thirds majority approval. The benefit assessment of $250 per parcel remained in effect.
On March 6, 2018, a mailed ballot election was conducted at the request of the Pineoakio Road Zone Advisory Committee to replace the benefit assessment with a special tax of $450 per parcel. Measure B was presented to the electorate of the zone and passed with the required two-thirds majority approval. An annual special tax of $450 for each parcel of real property within the zone replaced the benefit assessment and has been collected annually since fiscal year 2018/2019.
At the January 6, 2023, Annual Community Meeting, the Pineoakio Advisory Committee determined that the existing $450 annual special tax amount per parcel is not sufficient to provide the level of maintenance services desired by the residents and property owners in the zone. The committee and residents recommend the County conduct an election for the registered voters in the zone to consider an increase of $300 annually to the per parcel special tax for an annual special tax amount of $750. The Zone Advisory Committee has not recommended the special tax be subject to annual adjustments based on an official index.
The zone committee provided the meeting notice, agenda, and the minutes of the January 6, 2023, meeting, which reflect the recommendation for the ballot measure.
The Registrar of Voters has determined fifty (50) voters are registered within the Pineoakio Road Zone boundaries. Upon Board approval of the Resolution setting the measure for election, the measure will be included on the ballots distributed to the zone electorate for the scheduled Election on November 7, 2023.
ALTERNATIVES
The Board may choose not to approve the Resolution setting the measure for election. While there is no guarantee the measure will pass, without the election there is no opportunity for the voters in the zone to consider the measure to increase funding for zone activities.
PRIOR BOARD ACTION
Legistar 14-1213 - 09/23/14 Item #10
Legistar 17-0969 - 10/24/17 Item #15
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
Registrar of Voters
CAO RECOMMENDATION / COMMENTS
Approve staff recommendation.
FINANCIAL IMPACT
The estimated cost for conducting the election is approximately $1,000. Actual costs will be determined on a time and materials basis and will be paid from the zone funds. There are twenty-seven (27) parcels in the Pineoakio Road Zone of Benefit, each subject to the current special tax amount of $450 annually, for total zone revenue of $12,150. Should the measure receive the required two-thirds majority votes in favor of the increase, the annual special tax of $750 per parcel will result in annual revenue of $20,250, an increase of $8,100 annually for zone operations.
Should the measure fail to receive the two-thirds majority vote, the special tax will not be increased and will continue to be collected at $450 per parcel, with the annual revenue to the zone remaining at $12,150.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original of the Resolution.
2) The Clerk of the Board will provide one certified copy of the Resolution to the Department of Transportation, attention Elizabeth Hess for further processing.
STRATEGIC PLAN COMPONENT
Public Safety, Good Governance and Infrastructure
CONTACT
Rafael Martinez, Director
Department of Transportation