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HomeMy WebLinkAboutMINUTES - 09141999 - SD17 Contra. TO: BOARD OF SUPERVISORS Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: September 1 , 1 999 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE ARE. P-S, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING NE: ZONE 2501$ SUBDIVISION 150, RODEO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RP P DA I ,adopt the Resolution authorizing ars election for Zone 2501 in County Service Area P-6. (Resolution No. 991448) 2. ,Adopt the Ordinance establishing a fee for Police Service District to 85 , (Ordinance 9- ) Direct the County Clerk to conduct the election required by Government Code Section 539 . This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall he held on the earliest date permitted by law, Fly AL IPPA " None CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ARIAMN$ T .TORECOMMENDATIONOF BOARD COMMITTEE —APPROVE — OTHER TEP SIGNATURE s ACTIONAP : . ' APPROVED A RECOMMENDED , �"� _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT $A s - AND CORRECT COPY OF AN ACTION TAKEN AYES.— NOES= AND ENTERED ON THE MINUTES UTES O THE ABSENT-.—,ABSTAIN;— BOARD OF SUPERVISORS ON THE DATE SHOWN r Contact; aur n Tams 335-1250 ATTESTEI�r- � � � e�M{ -, CC: Community Development Department ( DD) PHIL BAS` HEL R, CLERK OF Ele tions-Roxie Davis THE BOARD OF SUPERVISORS Sheriff- oron r_Ka"hy Martin AND COUNTY ADMINISTRATOR CountyClerk-Elections r $Q Auditor-Co n1ro e r Assessor s ' DEPUTY d50. sd :. ' Police Services Di trict 957 54 September 14, 1999 Page The application was approved by the Board of Supervisors on February 9, 1999 with the requirement to establish a Ponce Service District prior to recordation of the final map. A maximum of 58 lots are showed. Condition of Approval #40 of Subdivision #988250 requires the applicant to agree to vote on whether the development should be placed i "County Service Area"to augment police services based upon the residential use of the site. The initial assessment i $225.90 per lot. THE BOARD OF SUPERVISORS OF CONTRA COST, COUNTY, CALIFORNIA Adopted this Order on September 14, 1999, by the following vote: AYES- SUPERVISORS G101A, UIL{EAIA, GERBER, DESAULNIER and CRNCIAMILLA NOES. NONE ASSENT: NONE ABSTAIN: NONE SUBJE- °T: Creating County RESOLUTION NO. 99/448 Service Area R_5 Zone : 501 } (Gov. C. 2521 .5 & (SUB 98-5250 3 54900 ff.) fn the Rodeo Area } and Authorizing e Special Tax Election in 3 Said Zone. This Board 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 ire order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HERESY DETERMINES,6 ORDERS AND DIRECTS: TS: 1. That portion of Contra Closta County Service Area R-S described in ,,attached Exhibit "A" is establishes; as Zone 1505 of County Service Area No. R-5. 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 Cleric of this Board snail 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 snail include a map or plot indicating the boundaries of said zone. 3. That Ordinance No. 99-39 adopted this date is to be presented for approval of the voters of Zone 1509 of County Service Area No. P_5 by a November 1 S:1999 nail ballot election according to the following ballot proposition: "Shall € rdinance No. 99-3 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 2501 of County Service P-6 to maintain the present level of police protection service and provide additional funding for increased police protection service?" 4The County Clerk (Elections Clerk) is directed to take al; steps necessary to conduct the election required by this order. Said election shall be conducted by railed ballot (Elections Code Sections 1340 and 1350 ff<) and small be held as specified above. A synopsis of the Ordinance may be used. 1 hereby certify that this is a true acid correct copy or an action taker,and entered on the minutes of..pie Orig. Dept:Community Development Board of Supervisors or the date sbowr:. cc: Counter Counse= �p Elections s Roxie Davis Phil Batchelor, l . ofti;e Is era Sheriff-Coroner, Kathy Martin of Siipg visors and Cou ity Administrator Auditor-Controller assessor3y 'xI�egrty RESOLUTION NO, 99/448 Resolution 99/448 Order No. 717378 nce: No Subdivision 4988250 ustorner Refe!e Zone#2501 Page No. 5 LEGAL DESCRIPTION REAL PROPER7Y in an unincorporated area, County of Contra Costa, State of Caffornia, described as follows: Portion of the Rancho El Pinole, described as follows-. Beginning on the East line of the parte'; of land described in the Deed to Contra Costa County, recorded January 6, 1960, Book 3528, Official Records, Page 218, at the South iine of Seventh Street, as designated on the Map of Rodeo, filed February 5, 1892, Map Book D, Page 91', thence frorn, said point of beginning North 6611 27' 45" East, along said South line, to the"vest line of the tract of land designated on the M- ap of Tract 2383, flied Apill 12, 1957, Map Book 67, Pace 1; thence alona the exterior fine of the tract of iand designated on said Map of Tract 2333 as follows: South 91 30' 2 1" East, 79.59 feet; southerly, along the arc of a curve to the left with a radius of 730 feet, an arc distance of 60.54 feet; South 140 5V 28" East, 448.28 feet; South 446" 42' 14" East, 411.59 feet; South 2011 10' East, 391.34 feet, southwesterly, along the arc of a curve to the left with a radius of 930 feet, an arc distance of 230.44 feet: South 520 12' 56" West,, 77.54 feet and wester y, along the arc of a curve to the right with a radius of 20 feet, to the East line of said Contra Costa County Parcel, 3258 OR 0 218: thence northerly, along said East flne, to the point of beginning. EX%CEEPTING THEREFROM: 1. That portion thereof granted in the Deed to Contra Costa County Rood Control and Water Conservation District, recorded February 14, 1967, Book 5306, Official Records, Page 417. 2. The 'interest conveyed to Contra Costa County by Deed recorded January 5, `1960, Book 3528, Official Records, Page 210. 3. That portion thereof lying southerly of the South line of the parcel of land described in the Deed to Contra Costa County, recorded January 5, 1960, Book 3528, Official Records, Page 210. 4, That portion thereof conveyed to Contra Costa County by Deed recorded October 7, 1993, in Boolk 191026, Official Records, Page 608, A.P.Nc.: 357-120-0312 First American Title Resolution 99/448 Subdivision #98825€ ° Zone#2501 " ba l vr Ty B D V '10 S UAF %IN a BEING A PORTION OF THE RANCHO EL PINOLE CONS COSTA COUNTY CALIFORNIA CIVIL ENGINEERS SURVEYORS PLANNERS SAN RA ON, CAUFORNIA FEBRUARY 1999 1 CW c C f� j CD Ek d VICINITY T TO SCA E ORDINANCE NO. 99-39 (An Ordinance of the Board of Supervisors of Contra Costa County) uthori zing a Special. Tac for Police Protection Services in zonae 2502, of County Service Area No. P-6 The Contra Cost. County Board of Supervisors ORDAINS as follow _sp` l y I DOSE M, ',rr .. . 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 1 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection. T.1 is tax is a special tax within the meaning of Section 4 o Article IIIA of the Californi 11. �. itutionm Because the burden of this falls upon property rt prop ::::: :but this tax is not determined based n> upon the value o� property; this ::::>. s :::::>:::: �><::.:>:<:>::::>::::::::>:::: ::::::::::::::......:::::::....::: and use of property b ` Asa Insofar legislation � i sofar s:::::>:::::::::cr with author i� > > >> app � •>::>::>::>::>::>::>::>::>:::::;:r: >s1al p > value, such ;>:>:>:r;>:::; . . >::...r>:>:>: :;:::::::::>: .. .. ::. Code and of provisions of the " ff'or7i �o ad valorem Article XIII of the California property taxes intended adninistration 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, dor paying the salaries and benefit.s of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTTLLE - UFJXL1 JM. The following ng de i niti ons shall apply throughout this Ordinance 1. "Parcel" .wens 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 laid or improvements outside the boundaries of Zones 23QLI of County Service Area P-6 nor any land or improvements owned by any governmental entity. ®lm ORDINANCE NO. 99-39 2 11F- Iscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P®6 Zone 23-Ql (her einaf- t er called "Zone") means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached heret-o) . 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 Franc i sco-Oakland-San Jose Area (1982-84=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 P--ice Index had not been discontinued or revised. 6. "'Constant first year dollars" shall mean an actual dollar amount which, in years subsequeni: 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 !IT- 1B herein. MiLCIX-�TT. AY.QU1N-T—AHD—LzYEL--QL-M&XU 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. The tax per year for the first fiscal year (July 1, 2DU through June 30, 2,01) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE O. 99-39 B. 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 �elov*. For each Property Use Category an 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: ,11ax Per Parcel Tax Per Parcel (Con. urger Price Index For then Current For First X for April of im.mediatelt' Fiscal Year Fiscal Year Brg_Q�.�' ��- - �) (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 ,,,ihich such taxes are levied. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such Droperty, in accordance with Revenue and Taxation Code Section 2187, and all have the sane effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 99®3 e Collection The taxes on each parcel shall be billed on the secured tall. tax bill.s 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 thls Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancella- tions, refunds, late payments, penalties, liens, and collection for secured boll 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: l) the secured roll tax bills shall be the only notices required for this tax, and 2} the honeowners 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. if any article, section, subsection, sentence, phrase of clause of this Ordnance is for any reason held to be invalid, each decision stall not effect the validity of the remaining portion of this Ordinance. The voters of the Zonae hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or cause, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ART4 B' '' - This Ordinance shall, take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held Qy_e� , - � ec that taxes shall first be collected hereunder for the tax year beginning July 1, , -4- ORDINANCE O. 99-39 at a regular meeting c the Board o Supervisors, County of Contra Costa, State of California, on September 14, 1999 by the following ing gots AYES: SUPERVISORS GIOIAS UILKEMA, GERBER DESAULNIER and "ANCIAMI LA NOES: NONE ABSENT: NONE ABSTAIN : NONE ATTEST: PHIL BATCHELOR, Clerk o the Board cifpervisor and County Administrator Y. Deputy oar _pair YI s� VW:d df$,vjw\ord\csap5 ORDINANCE NO. 99-39 Ordinance 99-39 Order No. 717378 Subdivision 4988250 Custome, Reference: None Page No. 5 Zone 42501 44�� LEGAL DESCRIPTION REAL- PROPERTY in an unincorporated area, County of Contra Costa, State of C lifor , a Iria, described as follows: Porton of the Rancho El Pinole, described as follows: Beginning or. the East line of the parcel of land described in the Deed to Contra Costa County, recorded January 5, 1960, Book 3528, Official Records, Page 218, at the South line of Seventh Street, as designated on the Map of Rodeo, filed lFebruary 5, 1892, Map Book D, Page 91; thence from said point of beginning North 66c 27' 45" East, along said South, line, to the West line of the tract of land designated or.. the Mar, of Tract 2383, filed Apdl 12, 1957, Map Book 67, Page 1; thence along the exterior line of the tract of land designated or, said Map of Tract 2383 as follows:�s South 911 30' 21" East. 79.59 feet; southedy, along the arc of a curve+10 the ';eft with a radius of 730 feet, an arc, distance of 60.54 feet; South 140 51' 28" 'East. 448.28 feet; South 1611 42' 14" East, 411,59 feet; Souh 29® 10' East, 391.34 feet, soutnwesteriy, along the arc of -a curve to the 'left with a radius of 930 feet. an arc distance of 230.44 feet; South 520 12' 56" West, 77.54 feet and westerly, along the arc of a Curve to the right with a radius of 20 feet, to the East line of said Contra Costa 'County Parcel, 325-8 OR 218; �hence northerly, along said East line, to the point of beginning. EXCEPTING -i-HEREFROM: 1. That portion thereof granted in the Deed to Contra Costa County Flood Control and Water Conservation District, recorded February 14, 1967, Book 5306, Official Records, Page 417. 2. The interest conveyed to Contra Costa County by Deed recorded January 5, 1960, Book 3528, Official Records, Page 210, 3. That portion thereof lying southerly of the South line of the parcel of land described in the Deed to Contra Costa County, recorded January 5, 1960, Book 3528, Official 'Records, Page 210. 4. That portk)ri thereof conveyed to Contra Costa County by Deed recorded October 7, 1993, in Book 19026, Official Records, Page 608. A.P.No,: 357-120-012 First American Title Ordinance 99- 9 Subdivision #988250 4 Zone#250 ;3UBDl '&Vll;%3- 'l0N 81250 BEING A PORTION OF THE RANCHO EL PiN011 CONTRA COSTA COUNTY CALIFORNIA CIVIL ENGINEERS - SURVEYORS PLANNERS SAN RA ON, CALIFORNIA FEBRUARY 1999 p VICINITY MAP Q # m 1 99-39 �~` zWE 2:501 . � A � etaV rs ' v tzip In "T= 8 ' em v, v Ls QlAK, �" ra � may- � Via; $• b C74 n '4 �' y�•C.� d.,, rn a. ra � P cl Cn c 8 57 C- C2. Cp 4.cr + • ORD ANI CCE N O, 99-39 ZONE 2 1001 FORFISCALYEAR JULY_1. 2000, THROUGH JU�TE 30,2001 EXHIBIT C PROPERTY USE ANNUAL T. COD CATEGORY EXPLANATION PER PA RCEL 11 Single Family Residence- I residence, I site $200 12 Single Family Residence- $200 1 residence, 2 or more sites 13 Siegle Family residence- $200 2 residences on I or more sites 14 Single Family Residence- $200 other tlratt single family land 15 Misc. Improvements- 1 site $200 16 Misc. Improvements-2 or More sites $200 17 Vacant- I site $100 18 Vac&t 2 or more sites $100 19 Single family residence - $200 Det. w/cor mon area 20 Vacant—Multiple $100 21 Duplex $200 22 Triplex $200 23 Fourplex $200 24 Com binati€n $200 25 Apartments(5-12 units) $404 26 Apartments {1324 wits) $400 27 Apartments`2559 units) $600