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HomeMy WebLinkAboutMINUTES - 09011998 - D6 . , Contra Costa TO: BOARD OF SUPERVISORS '._ •"=-� County FROM: DENNIS M. BARRY, AICP °+ -r-___.._ COMMUNITY DEVELOPMENT DIRECTOR ° BATE: September 1, 1998 SUBJECT: Establishment of a Special Tax Area, Zone 126 within County service Area P-6 for Police Services for Subdivision 7495 in the Oakley area. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REC,OMMENDATIQXS 1. Adopt the Resolution Creating a Police Service District zone, Zone 126, in County Service Area P-6 and authorizing an election. (Resolution No. 98/420) 2 . Adapt the Ordinance establishing a fee for a '>Police Service District for Subdivision 7495. (Ordinance No. 98-33) 3. Direct the County Clerk to conduct the election required by Government Code Section 53978 . This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest ballot permitted by law. FISQ IMPACT None. BACKGRQUNDIREASQNS FOR RECOMMENDATIONS On September 24 , 1990 the Zoning Administrator approved a 11--lot subdivision project located at #2301 Knox Avenue, in the Oakley area. The site also fronts on Truman Lane. No appeal having been timely filed, the Zoning Administrator's decision became final. CONTINUED ON ATTACHMENT: x_ YES SIGNATURE A.. RECOMMENDATION OF COUN'T'Y ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON r APPROVED AS RECOMMENDED XbTUFJL _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: _ _ MINUTES OF THE BOARD OF SUPERVISORS THE DATE SHOWN.CHIEN HUO -- 335-1217 Orig: Community Development Department ATTESTE cc: County Counsel PHIL BATCH EL , CLERK OF Sheriff-Coroner, Victoria Hillis THE BOARD OF SUPERVISORS County Clerk - Elections Division AND COU Y ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY 'V, 4. 2 . As a requirement for qualifying for approval of a final map, , Condition #10 of the subdivision approval requires the property owners to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. On prune 4, 1998 the applicant filed a request to form a Police Service District vane for the property covered by Subdivision 7495 consisting of the following parcels: Parcel No. 0141-0330-0134, totaling 5. 16 acres. LCH/aa BD/7495.LH Page 2/2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on SEPTEMBER I, 1998. , by the following vote: AYES: SUPERVISORS UILKFMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Creating County ) RESOLUTION NO. 98/420 Service Area P-6 Zone 126 ) (Gov. C. 25210.8 & (SUB 7495 ) ) 54900 ff.) in the Oakley Area ) and Authorizing a ) Special Tax Election in ) Said Zone. ) This Berard recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zane 126 of County Service Area No. P-6. No affected properties located therein will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 2. The Clerk of this Beard shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Beard of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plot indicating the boundaries of said zone. 3. That Ordinance No. 98-33 adopted this date is to be presented for approval of the voters of Zone 126 of County Service Area No. P-6 by a November 24, 1998mail ballot election according to the following ballot proposition: "Shall Ordinance No. 98-33 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 126 of County Service P-6 to maintain the present levet of police protection service and provide additional funding for increased police protection service?" 4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot (Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. I hereby certify that this Is a true and correct copy of an action takers and entered on the Orig. Dept:Community Development minutes of the rd of Supervisors on the" cc: County Counsel date shown, 1✓'j Sheriff-Coroner, Victoria Hillis ATTESTS County Clerk - Elections PHIL ATC LOR, Clerk of the Board Auditor-Controller of S' ervisors an oun A minlstrator Assessor B Deputy RESOLUTION NO. 981420 E X H I B I T A LEGAL DESCRIPTION All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: A portion of Parcel "C" designated on the Parcel Map filed January 23, 1974 in Book 32 of Parcel Maps, at Page '8, further described as follows . Co maencing at railroad spike found at the intersection of Live Oak Avenue and Laurel. Road, said spike marking the South quarter corner of Section 27 as shown on that certain record: of Survey filed November 17, 1981 in Book 81 of Land Survey Maps, at Page 17; thence from said Point of Commencement North 0° 32' 36" East, 201 . 162 meters to a point along a line with said railroad spike at the South quarter corner and a standard Contra Costa County Monument found at the intersection of Live Oak Avenue and Oakley Road, said monument marking the North quarter corner', of Section 27; thence from said point South 88°59' 19" East, 195. 061 meters to the True Point Of Beginning of this description; thence from said Point of Beginning South 88159119" East, 207 . 711 meters; thence South 0033104" West, 100 . 574 meters; thence North 88059119" West, 207 .705 meters; thence North 0°32' 52" East, 100. 574 meters to the Point of Beginning. Containing an area of 2 . 089 Hectares, more or Less . {I5.16 acres±} Bearings are based on the California Coordinate System, Zone IIS (CCS 27) . Distances shown are ground distances . A. P.N. 041-030-034 80007 igx .... "�.(r �-i-•err' SUBDIVISION 7495 A PORTION OF PARM C OF 32 PM 8 CWM W= C"M QWFOWA GATE: AUGM 1997 SCALE: 1:2000 DEY.LCCi CO�'1' S. I1C. 31�l2 LCCA smul/qlr rtXAt !/W 6CMi Vii; t7 AVt ' rnr►, gy nswrn •► itin►, t I R RM A PAROL B 1782.5 OR 86.9 AWLV 9d-p16,3'dC",c � 1 1 N B8'59'1.9V 19508, m�)7L) 1 tW N 88"59'19'1!' 247.71! m 97 PM 2g 15-16 acres ±1 AN N 883919'fY .4V7.,70 m I � I #A MW. S r*4 a*�r, AMWf BELLECCI & ASSOCIA TES INC. DLT June z 99e SCALE: 1:2000CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING FILE NC}.: 90007 SHEET 1 OF 1 PH. (510) 685--4569 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 EXHIBIT B ORDINANCE NO. 98-33 (An Ordinance of the Beard of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 126 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE . PUMgjES AND INTEN • It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone 12& of Contra Costa County Service Area No. P- 6 in order to augment funding for police protection'. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is aproperty tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based can value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance) , as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTICLE ?I. DgFIN TIONS. The following definitions shall apply throughout this Ordinance: 1. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this ordinance, parcel does not include any land or improvements outside the boundaries of Zone's of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 98-33 �•l 2 . "Fiscal year" means the period of July '1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 22& (hereinafter called "Zone") means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4. "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy of the Assessor's use code classifications chart is attached hereto as: Exhibit B and incorporated herein. 5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1.952-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section IIS 1B herein. ARTICLE III. AMQUNNT AND LEVEL OF 'TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 1999 through June 30, 2000) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO 98-33 B. FQr S'klb,segUent Fiscal Ye'aLr-s: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows. Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current = For First X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Yeah) (Consumer Price Index for First Fiscal Year of Levy) Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2 . The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Sheriff- Coroner of the County of Contra Costa at Martinez, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. A_ RTICLE IV. COLLECTION ANIS Ani NISI ATioN. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 98-33 2 . Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsis- tent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsis- tent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancella- tions, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3 . Costs of Administration by County. The reasonable costs incurred by the County officers collect- ing and administering this tax shall be deducted from the collected taxes. ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zane in an election to be held november 24 , 1998 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1999. -,- ORDINANCE NO. 98-33 E R R I S I T A LEGAL DESCRIPTION All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows : A portion of Parcel "C" designated on the Parcel Map filed January 23, 1974 in Book 32 of Parcel Maps, at Page 8, further described as follows : Connoncing at railroad spike found at the intersection of Live Oak Avenue and Laurel Road, said spike marking the South quarter corner of Section 27 as shown on that certain record of Survey filed November 17, 1981 in Book 81 of Land Survey Maps, at Page 17; thence from said Point of Commencement North 0° 32136" East, 201. 162 meters to a point along a line with said railroad spike at the South quarter corner and a standard Contra Costa County Monument found at the intersection of Live Oak Avenue and Oakley Road, said monument marking the North quarter corner of Section 27; thence from said point South 88059' 19" East, 195. 081 meters to the True Point Of Beginning of this description; thence from said Point of Beginning South 88°59119" East, 207 .711 meters; thence South 0033109" West, 100. 574 meters; thence North 88059' 19" West, 207 . 705 meters; thence North 0°32152" East, 100 . 574 meters to the Point of Beginning. Containing an area of 2 . 089 Hectares, more or less . (5.16 acres±) Bearings are based on the California Coordinate System, Zone III (CCS 27 ) . Distances shown are ground distances . A. P.N. 041--030-034 s0007i�i ..... SUBDIVISION 7495 A p� OF PARM C OF 32 Plot a DATE: ^JCUW toil? SME: 1: 0 DRUM & AMMUTO. Wcc. 4*UYA20 COMM .uz ecaa s+�rr rnv � arx l.A er�t srC !i ,�ntr.+�wrraearrr�, 1Mf ttf�I'i # 1 PAS A PARJLL B 178-05 flip 869 �-�ilB7�t22 # I N 88'59'>9'li' 195 091 m(Tl£,! L ` N 8859'ISW' ?j7,7711 m 87 PM ?g I �4*a C tt ti i 1 % + AIFA = AW MMMY h, C5.16 acres ±) � N 88'59 l97f' 91p7.705 m f � S/ 45W 17 SOYAh' 1#A AWO �4'-IXT 'J'91 f K*tvol of $a si SMIx AE�1,r AAA Wf BELL CI ASSOCIATES I +IC, DATE.*,�'�" 2 1998 SCALE: 1:2000 CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING IL �': 9{?©07 SHEET 1 OF 1 PH. (51 a) 685-4569 Q 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 EXHIBIT B PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on SEPTEMBER 10 I C)98 with the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator f� By: puty Boa0d Cha ir s VJW:df df4:vjw\0rd\c3ap6 ORDINANCE NO. 9$-33 VVHIBTT B e co w ORDINANCE tANCB N0. � r vt 7E? z 2! SUB x � 326 :: ro , , o = m �'�� `+ •sgT * ;Ft, ns�, -�, v Yta is o+ m v_a it 2, I-Z4 7'!ti, :aut: FL a N � `� � ttmyy � � g` try � � m ��• � 4 x X lgo— TIT P� � CJ a � ��•� tom` ,t,,y8. ra a cp �' � %� i a " von' ' 1 ' to n m ° ch 3 w � a co b oma c �+ m ' fi _ a' mg oi� 2ty roc' ' -� of SLI Q � w " m � � o o 81 .mow+ a b y jt „ to CL UD X rrr + Q rp a 5 g ty TC�s b �U to m LrLA 5. to Bi O Q to r � � cu a ci cS ` �• els rt to�° 0 73 mi� ate. a a `c 0 CZ m lops -- a , ., , Lp 4.M > P5 �, ,, cto r t' o jw gas ' ' S.fi a ik;p w;ms s � 1� go .3 w m a* is n �ioa w fv �1rn 4cb �(th bi t? to 41 "' wl ata 9 a ro � w` i � ^ a+? 5 c� � � r,� iry "' Itz c ORDINANCE NO. 9 SUB 7495 ZONE 126 FOR FISCAL YEAR JULY 1.'.- 1999 THROUGH JUNE 30, 2000 EXHIBIT C PROPERTY USE 1 1 NAT[t3td ANNUAL TAX PAA[sr 11 Single Family Residence - $ 240 'l res., 1 site 12 Single Family Residence - 1 res.,2 or more ;Bites $ �� 13 Single Far* Residence - 200 2 res. on 1 or more sites $ 14 Single Family Residence $ 200 than single fam. land $ 200 15 Misc. improve rents- 1 site $ 240 16 Misc. improvements - 2 or more sites $ 240 17 Vacant- 1 site 140 18 Vacant- 2 or more situ $ 140 19 Single Family Residence Det. wJcommon area 200 20 Vacant - Multiple $ 140 21 duplex $ 240 22 Triplex $ 244 23 Fourpiex -$ 200 4 Combinations 25 $ 200 Apartments {5 -12 units} $ 404 26 Apartments (13 - 24 units) 27 Apartments (25 - 59 units) $ 600 'G 9' -0 98' 28 Apartments (60+ units) $ 800 29 Attached PPDs: $ 200 Cluster Homes, Condos, etc. 30 Vacant • Commercial $ 100 31 Commercial Stores - $ 600 Not Supermarkets 32 Small Grocery Stores $ 600 (7-11, etc.) 33 Office Buildings $ 400 34 Medical, Dental $ 406 35 Service Stations, Gar Wash $ 400 36 Garages $ 406 37 Community Facilities $ 800 (recreational, etc.) 38 Golf Courses $ 400 39 Bowling Alleys $ 400 40 Boat Harbors $ 400 . 41 Supermarkets $ 600 (not shopping centers) 42 Shopping Centers $ 800 43 Financial Buildings $ 400 (Ins.,'Title, Banks, S&L) 44 Motels, Hotels & Mobile $ 600 Home Parks 45 Theaters $ 600 46 Drive-in restaurants $ 400 47 Restaurants (not drive-in) 400 48 Multiple & Commercial $ 400 ..............................................................................11 ........................................................... _19 49 New Car Agencies $ 400 so Vacant Land {•not part of $ 100 Ind. park or P. & D.) 51 Industrial Park $ 800 52 Research & Development $ 400 53 Light Industrial $ 400 54 Heavy Industrial $ 400 55 Mini Warehouses (public Storage) $ 600 56 Misc. Improvements $ 400 61 Rural, Res. Improvement I A-1 OA $ 200 62 Rural, w/or w/o Structure 1 A-1 OA $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 73 Hospitals $ 400 74 Cemeteries/Mortuaries $ 400 75 Fraternal & Service Organizations $ 400 76 Retirement Housing Complex $ 600 78 Parks & Playgrounds $ 800 85 Public & Private Parking $ 400 87 Common Area $ 400 88 Mobile Homes $ 200 89 Other(split parcels In different $ 200 tax code areas) 99 Awaiting Assignment $ 200 ............ .....................