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Home My WebLink AboutMINUTES - 09141999 - SD18 Contra TO- BOARD OF SUPERVISORS � a Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE., September 14, 1999 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA R-6, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING ZONE: ZONE 1611 SUBDIVISION #SD968016, ALAMO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOM ENDATI n Adopt the Resolution authorizing an election for Zone 1611 in County Service Area P-6. (Resolution No. 99/430) . Adopt the Ordinance establishing a fee for Police Service District for S0968016. (Ordinance 99-33) 3. Direct the County Clerk to conduct the election required by Government Code Section 6397. This election shall be conducted by rail ballot pursuant to Code Sectio} 4609 and shall be held on the earliest date permitted by law. IAL IMPACT None CONTINUED ON ATTACHMENT: X YES SIGNATURE --- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -APPROVE OTHER SIG ATURE S I. ACTION OF BOARD O 9 .<. '� APPROVED AS RECOMMENDED VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRIBE UNANIMOUS (ABSENT F_ AND CORRECT COPY OF AN ACTION TAKEN AYES,_ _ NOES: AND ENTERED ON THE MINUTES OF THE ABSENT.,-ABSTAIN.- BOARD OF SUPERVISORS ON THE DATE S Ns Contact; Debbie Chamberlain 335-1213 ATTESTS r ,+✓ rr cc: Community Development Depart neat (CDD) P BATCHELOR, 'CLERK' OF Elections-Roxie Davis THE BOARD OF SUPERVISORS Sheriff-Coroner-Kathy Martin AND COUNTY ADMINISTRATOR County Clerk-Elections A Auditor-Controller troller �. � Assessor r�._,�� , DEPUTY sd9666 6�psd df Police Services District-SD9680 6 Seep€ember 14, 1999 Page 2 QKGEOU / A FOR RECOMMENDATIONS The application was approved by the Board of Supervisors on May 25, 1999 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 47 lets are allured. Condition of Approval #15 of Subdivision #968016 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 $226.00 per let. THE BOARD CSE SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 14, 1999, by the following vote; AYES: SUPERVISORS GICIA, UILKEMA, GERBER, GESAvLNIER and CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NON E ® _ SUBJECT: Creating County RESOLU'l iON NO. 991430 Service Area P-6 Zone 1611 3 (Gov. C. 25210.8 ESUS 96-8616 3 54900 ff,) in the Alamo Area � and Authorizing a ! Special Tax Election in � Said Zone. 3 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 53975 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, €i siS BOARD HEREBY DE ERMES, ORDERS AND DIRECTS; 1. That portion of Contra Costa County Service Area. P-6 described in Attached Exhibit MSAs, is established as Zone 1611 of County Service Area No. P-6. No effected properties located therein wM be taxed for anis existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 2. The clerk of this Board shall cause the filing of a statement of the creation of said zonae to be made with the Counts Assessor and the State Board of Equalization 'tin Sacramento) pursuant to Government ';ode Sections 54900-54902. The filing shall include a map or plot indicating the boundaries of said zone. 3. That Ordinance leo. 99-33 adopted this date is to be presented for approval of the voters of Zone 1611 of Counts Service Area No. P-6 by a November 16, 1999 mail ballot election according to the following ballot proposition- "Shall Ordinance No. 99-33 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1611 of Counts Service P-6 to maintain the present leve: 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 rnailed ballot (Elections Code Sections 1340 and 1359 ff.) and shall be held as specified above. A synops°s of the Ordinance may be used. I hereby certify tat this is a true and correct copy of an action. taken and entered on the minutes of the Orig. Dept-,Community unity Develop- ent Board of 5upervis� r on the date shown. cc, aunts counsel ATTESTED: a Elections - Roxie Davis Phil Batchelor.CI of tile I30 _d Sheriff-Coroner, Kati y Martin of Super,-visors and County Administrator Auditor-Controller y ;y �_ � Deputy .Assessor �' f E OLUT€t�N NO. 991430 Resolution #99,143 Subdivision #968016 Zone 416511 "Exhibit Asp ALL THAT REAL PROPERTY, SITUATE, LYING AND BEING IN THE UNINCORPORATED AREA OF CONTRA COS-?FA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE PARCEL OF LAND DESCRIBED 5N THE GRAFT DEED TO WEST ERN LAND MANAGEMENT EMENT COMPANY RECORDED AUGUST 19 1995, IN DEED SERIES NO. 95- 124697, DESCRIBED RIBED AS FOLLOWS, BEGINNING AT THE SOUTHEAST CORDER OF SAID WESTERN LAID MANAGEMENT PARCEL (95-124697), THENCE FROM SAID POINT OF BEGINNING ALONG SAID EXTERIOR LIRE THE FOLLOWING COURSES.N RTH 99°90°09" EAST 790.97 FEET, THENCE NORTH 59°90'09" EAST 409.99 FEET, THENCE NORTH 27°90°90,. EAST 1993.44 FEET} THENCE NORTH 09°25'49' EAST 892.63 FEET; `HENCE SOUTH 67'23'06" WEST 919.97 FEET; THENCE SOUTH 99"29'17" WEST 133.90 FEET; THENCE SOUTH 83°36'33'5 'FEST 1199.63 FEET, THENCE SOUTH 00033'39" WEST 1936.89 FEET, THENCE SOUTH 56059'38" EAST 853.21 FEET, THENCE SOUTH 72031'33" EAST 231.39 FEET; THENCE SOUTH 63013'36" EAS` " 263.27 FEET, THENCE SOUTH 00'26`1933 `BEST 20.19 ;-EET, THENCE NORTH 63°49`49" EAST 15.73 FEET TO TIDE POINT OF BEGINNING. CONTAINING 169.32 ACRES MORE OR LESS SSUBD SIO 8016F-N.-8r28�-08- E-0-19,9 N 88°38'30" E "99.83' z Resolution 99/430 Subdivision #9680 Zone# 511 tl � .r} W cc LCJ z C'S�EC AREA 100.32 ACRES y � J a SCALE 1'=300' 19 P is a� 49. 00. �t#�a 0, c> 40.00' , SETH ROAD 9247SGR.DWG ORDINANCE NO. 99®33 (An ordnance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protectionervice in Zone 161.1 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of read, property an the secured property tax roll of Contra Costa County that are within Zone 1611 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection. This -tax is a special tax with . meaning of Section 4 of rt cl fll f the f .:;:>; : > >>«o tion. Because the burden .................................... ..................................... ....................................... i.::..:i.:i.:iiof t„ ^ tax falls 5 .................................................. ii; r rty ,:::::::::::...............................::::::::::: >: :::::: :::: ::::::::::::: nor i: �� manner based >::>: :::>::>::::>:::::::.gut this tax is : ::>::::::::::::>: »::::::::: :::::>::> >:> `>: : < ::< < > > : upon the f .:. .. >............... : on m use : < » > : of property basis. st nt with tis ordinance �3 ::� ;:::;;::::::::::::::::::::::;:;;:;:::»::::.:::::>::>::>:::>:>::>::>:::<»::<::»::>:>:or with � is1at�� taxes and nsof r as� rovis sa f � > .. >,><::»>::»: .;:> :>:::>::::::>::>:....> : Taxation� Gude and of Article X11.f of the � <> u<:::::>:: � ':t:::>:::>::>::::>:::::::::>::>::::::>::::::: � as relate property taxes are ::::>:::::>;:.;:.:.;:.;;:.;:.:;.:;.;:.:.:;.;:.;:.;:::. pp ly to the collection and administration of thi�> «<s;�'��t�� 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 e uipnent or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTIQLB 11. DZI 1T2MNg. The following definitions shall, apply throughout this Ordinance 1® "Parcel" means the land and any improvements thereon, desIgnated by an assessor's parcel p and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this 6rdinance, parcel does not include any land or improvements outside the boundaries of Zone 11of County Service Area P®6 nor any land or improvements owned by any governmental entity. ORDINANCE NO® 99-33 2. "Fiscal year" means the period of July l through the following June 30. 3 . Contra Gaeta County Service Area Pm6 Zone " U (hereinaf- ter 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 Cost. County in eider 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 P�-ice Index for all Urban Consumer (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 Statistics. if the Consumer Price index is discontinued or revised, such other governnent 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 paean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, scall 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. III 1B 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. yeo The tax per year for the first fiscal year (July 1, through dune 30, ) shall be the Amount of Tax Per Parcel for a Property Use Cede Category as set forth on Exhibit C incorporated herein -2- Ba Fir- 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 Gaeta County shall determine the amount of taxes to be levied upon the parcel 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 Tex Per Parcel (Consumer Price index For then Current For First X for April of Immediately Fiscal Yea.- Fiscal Year Pre-g I ' sc edina (Consumer Prig Index for First Fiscal Year of Cagy) Provided., however, that in no evert shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. m 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 f orth in Article IV, below. A complete listing of the mount 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. -y-- T1=10N AND ADM - T-1Q � lm Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien or such property, 3n accordance with Revenue d Taxation Code Section 2187, and shall have the sane effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 99-33 2 . Collection. The taxes on each parcel shall be billedon 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 nto i -tent with this Ordinance, the taxes are to he collected in the same manner in which the County collects secured roil ad valorem property taxes. Insofar as feasible and insofar as not into i - ten:t 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 taxa 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 g 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- and administering this tax shall be deducted from the collected taxes ARTIC Z 11 SE RABI `QTY ALAI E 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 ould have adopted the remainder of this €rd.ina ce, including g each article, section:, subsection, sentence phrase or clause, irresp c- tiv of the invalidity of any other article, section, subsection, sentence, phrase or clause This Ordinance shall take effect immediately upon its conf irnation by two-thirds of the voters voting within the Zone i an election to be so that taxes shall first be collected hereunder for the tax year beginning July 1, 2, a. -4- ORDINANCE 4®ORDI ANNE NO. 99®33 at a regular neeting of the Board of Supervisors, County of Contra Costa, State of California, on September 14, 1999 by the follow-ing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, LLSAULL IER,and CANvIAMIL A NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHTL BATCHELOR, Clerk of the Board of Supervisors and County Administrator a By: _rte s;f � ,�'/ ¢i'. :� x D putt 33 air �t VJW.df df4:v�w\ago.\csap5 ORDINANCE INTO, 99®33 Ordinance#99-33 Subdivision #968016 Zone 41611 "Exhibit A" ALL THAT REAL PROPERTY, SITUATE, LYING AND BEING IN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA; DESCRIBED AS FOLLOWS, THE PARCEL OF LAID DESCRIBED IN THE GRAFT DEED TO WESTERN LAND MANAGEMENT ENT COMPANY RECORDED AUGUST 1, 1995, IN DEED SERIES NO. 95- 124697, DESCRIBED AS FOLLOWS: BEGINNING NIN AT THE SOUTHEAST CORNER OF SAID WESTERN LAND MANAGEMENT PARCEL (95-124697); THENCE FROM SA0 POINT OF BEGINNING ING ALONG SAID EXTERIOR LINE THE FOLLOWING CO RSES:NORTFI 09'000'00" EAST 790.97 FEET, THENCE NORTH 59°00'00" EAST 400.00 FEET; THENCE NORTH 27°00'00" EAST 1003.44 FEET; THENCE NORTH 00°2549" EAST 392.63 FEET; THENCE SOUTH 57'23503" WEST 919.97 FEET, THENCE SOUTH 0002917„ FEST 133.00 FEET; THENCE SOUTH 33°33$3095 WEST 1199.33 FEET; THENCE SOUTH 00033530" WEST 1936.39 FEET; THENCE SOUTH 56°59'35`° EAST 853.21 FEET; THENCE SOUTH 72'31'38" EAST 231.30 FEET; THENCE SOUTH 33°13`33" EEAST 263.27 FEET; THENCE SOUTH 00°26`19' WEST 20.19 FEET; THENCE NORTH 83"40'49'° EAST 15.73 FEET TO THE POINT OF BEGINNING. CONTAINING 100.32 ACRES MORE OR LESS ANNEXATION AP N 87'28'0 € . " 9;99 s SUBDIVISION 801 r N 88°38'30" E 199.88' <° c� Ordinance#99-33 � Subdivision #968016 Zone#1611 6s ,xhiba egg cora r C z �C3�SCJ AREA = 300.32 ACRES E SCALE 3"v300' 70, 40.00'At gy i X231,Z31 38- � �� may} .3o, 0 SMITH ROAD 9247SUR.I3WG n `�e ATOter. V � � � a " a Ti cs ' 15 tA el kA �45A - ° afr. r f tka .'n It ' V �'''.'�•..as � �` - �, +�Jta a �� a S$� � �, � '�. � � o r-' mit ORDNANCE NO. �9-33 ZONE 1611 FOR FISCAL YEAR JULY 1, 2000, THROUGH JUTNE 30, 2001 EXHIBIT C PROPERTY USE ANNUA TAX CODE CATEGORY EXPLANATION PE+R PARCEL 11 Single Farnily Residence- 1 residence, 1 site X200 12 Single Family Residence- $200 1 residence, 2 or more sites 13 Single Family Residence- $200 2 residences on 1 or more sites 14 Single ljarnily residence- $200 other than single family land 15 disc. lrnDrevernents- 1 site $200 16 Misc. Improvements-2 or more sites $200 17 Vacant-- 1 site $100 18 Vacant-2 or more sites $100 19 Single Fan- ly Residence m $200 Det. w/common area 20 Vacant-Multiple $100 211 Du-,lex $200 22 Tri lex $200 23 Fourp ex . $200 24 Combination $200 25 Apartments (5-12 units) $400 26 Apar sects (13-24 units) $400 27 Apartments (25-59 units) $600