HomeMy WebLinkAboutMINUTES - 09141999 - SD16 i Contra
Costa
TO: BOARD OF SUPERVISORS
;. Count
FROM- DENNIS 'l. BARRY, AICP
C'OMMUNITIY DEVELOPMENT DIRECTOR
DATE, September 1 4s 1 999
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY
SERVICE AREA P-9, RELATED ORDINANCE .ADOPTION AND FIXING OF ELECTION
THEREOF AND FORMATION OF THE FOLLOWING ZONE: ZONE 1609,
SUBDIVISION SD957954, ALAMO AREA.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
HEWI~
I . Adopt the Resolution authorizing ars election for Zee 1609 in County Service
Area P-6. (Resolution No. 991449)
2. Adopt the Ordinance establishing a fee for police Service District for
D957954. ( r inance 99-38)
. Direct the County Clerk to conduct the election required by Government Code
Section 5397. This election shall be conducted by rail ballot pursuant to
Code Section 4030 and shall be held on the earliest date permitted by law.
F1AL 1M—PA T
None
TT�DH�FHTa X_ YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR E O DATI OF BOARD COMMITTEE
APPROVE OTHER
SI ATUPE S ;
ACTION OF BOARD ON , APPROVED AS RECOMMENDED ` R
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT � � AND CORRECTCOPY FAI'sACTION TAKEN
AYE S NOESe -- -- AND ENTERED ON THE MINUTES OF THE
ABSENT- ABSTAIN: DARC OF SUPERVISORS ON THE DATE
SHOWN
Contact: Rowe Marle Pletras 335-1216 ATTESTED.
M. Community Development Department (CDD) PHIL. BA7HELOR, CLERK OF
Elections-Roxi Davis THE BOARD OF SUPERVISOR
Sheriff-Coroner-Kathy Martin AND COUNTY ADMINISTRATOR
County Clerk-Elect€oris
Auditor-Controller
Assessor BY° ^vim a F ,§ _s DEPUTE''
--d957954.psd
Police Services Di trict^SD957354
aeber 1 4; 1 999
Page 2
The application was approved by the Board of Supervisors on September 19, 1997
Vith the requirement to establish a Police Service District prior to recordation of the
final map. A maximum of eight lots are allowed.
Condition of approval #24 of Subdivision #957954 requires the applicant to agree
to vote on whether the development should be placed in a "County Service Area" to
augment police services based upon the residential use of the site. The initial
assessment is $225.94 per lot.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 14, 1999, by the following vete:
AYES: SUPERVISORS GTOIA, ; ILKEMA, GERBER, GESAULN7ER and CANC:AMILLA
NOES- N,0NE
ASSENT. NCN
ABSTAIN. NO N E
SUBJECT- Creating County ) RESOLUTION NO. 99/449
Service Area P-6 Zone 1609 ) (Gov. C. 25210.8 &
(SUB 95-7954 } i 54900 ff.)
in the A:amo Area )
and Authorizing a
Special Tax Election its �
Said Zone.
1'his Beard recognizes the reed 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 5 077 and 53978 establish procedures for voter
authorization of e special tax in carder to provide additional funding for police protection.
NIOW, THEREFORE, THS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That portion of Contra Costs County Service Area P-8 described in Attached Exhibit "A„
is established as Zone 1609 of County Service Area No. P-B. 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.
. The Clerk of this Board shall cause the filing of a statement of the creation of said zone
to be made with the County Assessor and the State Board of Equalization (in
Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall
;nclude a map or plot indicating the boundaries of said zone.
. That Ordinance No, 99-38 adopted this data is to be presented for approval of tie
voters of Zone 1609 of Cosurety Service Area No. P-6 by a November 9, 1999 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 99-38 of the Board of Supervisors of Contra
Costa County be approved se as to authorize a special tax on
property located in Zone 1609 of County Service P-5 to maintain
the present level of police protection service and provide
additional funding for increased police protection service?"
4. The County Clerk (Elections Clerk) is directed to tape 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 fn ae and correct copy of
an action taker and entered on the rnirates of the
Orig. Dept-,Community Development Board of Supervi$ or,the date shown.
County Counsei " '
Elections e oxie Davis Phil Batchc ,Ck o the Board
Sheriff-Coroner, Kathy Marin of Supery, ors and Cou r Administrator
Auditor-Controller ;
Assessor By Deputy
RESOLUTION NO. 99/449
Resolution 99/449
Subdivision #957954
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No. 22' 85EXHIBIT
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LEGAL DESCRIPTION Dap.,ifflee sCal for-siz 94526 � �
Resolution 99/449
Subdivision #957954
Zone#1609
"Exhihit A!
Jure 1, 1999
Job No. 92183
LEGAL DESCRIPTION
The lard referred to herein is in the State of California, County of Contra
Costa, unincorporated area, and is described as follows:
Portion of the Rancho San Ramon. described as follows:
PARCEL ONE:
Commencing at the northeast comer of the parcel of lard described as
Parcel One in the Deed. from John F. McLellan, et ux, to Percy R. Matheron,
et ux, dated August 1, 1945 and regarded November 159 1945 in Book 853
of Official Records, at Page 276, said point being in the center lire of the
County Road known as Livor'na Road; thence along the eastern line of said
Math ron Parcel (853 OR 276) South 11'35`30" East, 169,192 meters to
the true point of beginning, thence from said true point of beginning
continuing along said eastern line of Matheron (853 OR 276), South
11.035'30" East, 92,960 ureters to the southeastern comer of said parcel
(853 OR 276), thence along the southern line of said Matheron Parcel (853
OR 276) North $1° 5°00" West, 4.605 meters and North 81055'00" West,
92.792 ureters to the eastern line of the parcel of land described as Parcel
One in the Deed from Percy R. Matheron, et ux, to R.M. Iversen, et ux, dated
May 5, 1947 and recorded May 9, 1947 in Book 1 110 of Official Records at
Page 8; thence along said eastern lime, (t 110 OR 8) North 1. 1.035'30" gest,
59.406 meters-, thence North 78024'30°° East, 91.436 meters to the true
point of beginning.
N 192-240-006.
Containing 0.70 hectares, more or less.
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No. 224 ✓5
1
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ORDINANCE NO. 99®38
(An Ordinance of the Board of Supervisors of Contra Costa. County)
Authorizing a Special Tax for Police Protection Services in Zone
1609 of County Service Area No. p®6
The Contra Costa County Board of Supervisors ORDAINS as follows
CLE ld 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 Gaeta County
that are within Zone IkQa of Contra Cost. County Service Area No.
Pm6 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 -he burden
of this tax falls upon property, this tax also is a property 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 on 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
ad,nqi,ni strat ion 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 o DE_FINITI N . he following definitions shall
apply throughout this Ordinance:
In "Parcel" means the land and any improvements th reon,
designated by aux assessor's parcel �aap 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 innrovem-e xts outside the boundaries of Zone 2�ju of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
ml�
ORDINANCE NO. 99®38
2. "Fiscal year" means the period of July 1 through the
following :Fane 30.
3. Contra costa County Service Area P-6 Zone Jkaa (hereinaf-
ter called "Zone") nems that portion of the unincorporated area of
-Con gra Costa County located within the Zone' boundaries described
(see Exhibit A attached hereto)
m "Use Code" m. eans the code number assigned by the Assessor
of Contra Costa County in order to classify parcels according to
use for ad v lore . 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 C nsu :er Price Index for
all urban Consumers (CPI-U) for the San Francisco-Oak land-San Jose
Area (1982-84=100) as published by the U.S. Department of Labor,
Bureau of Labor S tatI ties m if the Consumer Price index i
discontinued or revised, such rather government index or computation
with which it is replaced shall be used in order to obtain
bstant� lly the same result as would be obtained if the Consumer
`price Index had not been discontinued or revised.
68 "Constant first year dollars" shall mean an actual dollar
an-ount which, in Beare subsequent to the first fiscal year the tax
is levied, shall have the acme purchasing power as the base amount
in first fiscal year dollars as measured by the Consumer Price
Index. The base anno nt. shall be the amount of tax per parcel as
specified in article 11 'A herein. The adjustment from actual to
constant dollars ehal-I be made by use of the Consumer Price index,
as specified in. section. IT-I lB herein.
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
The tax per year for the fir t fiscal year (July 1, 2,S
through June 30, 2-O-Q ) shall be the Amount of 'fax per parcel for a
Property Use Cone Category as set forth on Exhibit C incorporated
herein.
® -
B. For �, er
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 fort.h below to reflect
any increase in the Consumer Price index beyond the first fiscal
year a tax is levied.
in each Julys the Board of Supervisors of Contra Costa County
shall determine the amount of taxes to be levied upon the parcels
is the Zone for the teen -current fisc l year as set forth below.
For each Property Use Category on Exhibit Cg the tax per year
on each parcel for each fiscal year subsequent to the first fiscal
year shall he an amount determined as follow
sax Per Parcel 'fax Per Parcel (Consumer Price Index
For then Current For First X for April of Immediately
Fiscal Year Fiscal Year eee iso Fi Qa1 Year)
(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.
29 The taxes levied on each parcel pursuant to this article
shall be a ch rge upon the parcel and shall be due and collectible
as set forth. in Auricle IV, below. A complete listing of the
amount of taxes on each parcel shall be maintained by theSheriff-
Coroner of the County of Contra Costa at Martinez, and he available
for public inspection during the remainder of the fiscal year for
whichsuchtaxes are levied.
� o 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 21-87, and shall have the sane effect as an ad valorem
real property tax lien until fully paid.
-3-
ORDINANCE NO. 93®38
2m Collection.
The taxes on each parcel shall be billed can the cured tall
tax bill.s for ad valoren property taxes and shall be due the County
of Contra Costain Insofar as feasibl.e and insofar as notinconsis-
tent with this Ordinance, the taxes are to be collected in the same
inner in which the County collects secured roll ad valorem
property taxes. Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the tires and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, refunds, late payments, penalties, liens, and collections
for secured roll, ad valoren 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 swell be the only notices required for this tax, and 2) the
oneowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar ano nt of value.
3 . Costs of a�dn.inistration by County.
The reasonable casts incurred by the County officers collect-
ing and administering this tax shall be deducted from the collected
taxes.
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 renaining portion of
this Ordinance. Abe 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
rres e -
tiv of the invalidity of any other article, section, subsection,
sentence, phrase or clause
ARTIUX .V1. ,
This € rdina.nce shall take effect immediately upon its
conf irmation by two-thirds of the voters voting within the Zone in
an election to be held DXAMrbez 2, j939 so that taxes shall first
be collected hereunder for the tax year beginning July 1, 2DP�U.
-4-
ORDINANCE
4®ORDIN NCE NO. 99-38
PASSED AND ADOETED at a regular meeting cof the Board of
Supervisors, County of Contra Costa, State of California, on
September 14 , 1999 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER and CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
/Deputy r C it
VjW:df
WO vjWorAcsa6
ORDINANCE NO. 99-38
Ordinance 99-38
Subdivision #957954
Zone#1609
"Exhibit A'-'
June 1, 1999
Job No. 92183
LEGAL DESCRIPTION
The land referred to herein is in the State of California, County of Contra
Costa, unincorporated area, and is described as follows:
Portion of the Rancho San moors, described as follows:
PARCEL ON :
Commencing at the northeast corner of the parcel of land described as
Parcel One in the Deed from John F. McLellan,., et ux, to Percy Re Matheron,
t ux, dated August 1., 1945 and recorded November 1.6, 1945 in Book 853
of Official Records, at Page 276, said point being In the cuter line of the
County load known as Livorna Road; thence along the eastern line of said
atberors Parcel (853 OR 276) South 11*35'30" East, 159.192 meters to
the true point of beginning; thence from said true point of beginning
continuing along said eastern line of l atheron (853 OR 276), South
11035'30" East, 92°960 meters to the southeastern corner of said parcel
(853 OR 276); thence along the southern line of said Matheron Parcel (853
R 276), North 1135'00" Meat, 4.605 meters and North 81035'00" Fest,
92.792 meters to the eastern line of the parcel of land described as Parcel
One in the Deed from Percy R. Matheron. et ux, to R.M. Iversen, et ux, dated.
May 5, 1947 and recorded May 9, 1947 in Book 1110 of Official Records at
Page 8, thence along said eastern 1€ e, (1110 OR ) North 11035'30" West,
59.406 eters, thence North 78124'30" East, 91.436 meters to the true
point of beginning.
APN 192-240-0050
Containing 0.70 hectares, more or less.
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Ordinance 99-38
Subdivision #957954
Zone#109
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ORDINANCE NO. 99-38 ZONE 1609
FOR FISCAL YEAR 1ULY 1 2000, THROUGH JUTNE 30, 2001
EXHIBIT C
PROPERTY USE ANNUAL L TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence-
1 residence, 1 site $200
12 Single Family Residence- $200
`_ residence, 2 or more saes
13 Single Family Residence- $200
2 residences on 1 or-ere sites
14 Single Family Residence- $200
other than single family land
15 Misc. Improvements- I site $200
16 Misc, Improvements-2 or more sites $200
17 Vacant- I site $100
18 Vacant-2 or more sites 100
19 Sin Ie Farm' Residence e $200
Det. w/cornmon area
20 Vacant-Multiple $100
21 Duplex $200
22 `triplex $200
23 s ourplex $200
24 Combination $200
25 Apartments (5-1.2 units) $400
26 Apartments (13-24units) $400
27 Apartments (25-59 ;gaits) $600