Loading...
HomeMy WebLinkAboutMINUTES - 09141999 - SD19 _ Contra TO- BOARD OF SUPERVISORS Costa County FROM, DENNISA. BARRY, AICP DATE: COMMUNITY DEVELOPMENT DIRECTOR September 14, 1999 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING ZONE; ZONE 1610, SUBDIVISION #SD937744, ALAMO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 111E 11 1. Adopt the Resolution authorizing an election for Zone 1610 in County Service Area P66. (Resolution No, 991431 g . Adopt the Ordinance establishing a fee for Police Service District for SD 37744 . (Ordinance 99-34) . Direct the County Clerk to conduct the election required by Government Cone Section 5397. This election shall be conducted by mail ballot pursuant t Code Section 4999 and sell be bald on the earliest date permitted by law. None CONTINUED ON ATTA €E °aJX YES SIGNATURE REC01"MMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE a ACTION OF BOARD ON APPROVED AS RECOMMENDED THE VOTE OF SUPERVISORS I HEREBY CERTIFY IFY THAT THIS IS A TRUE UNANIMOUS (ABSENT Z AND CORRECT COPY OF AN ACTION TAKEN ES. - - NOES: AND ENTERED ON THE MINUTES OF THE ABSENT-,-A STAI .-- BOARD OF SUPERVISORS ON THE DATE S , Contact: Jennifer Peterson 335-1206 AT`T S ED+ cc; car r�i� nill D v lopment Department (COD) CHEL R, �� K OF E'ections-Roxie Davis THE BOARD OF SUPERVISORS Sheri e r r r-I� t Martin AND COUNTY ADMINISTRATOR County Irk- coons Auditorm crtr ll r " � F Assessor I f.,,��. �� DEPUTY s97 744. sd df Malice services District D937744 setembe<'4, 1999 Page 2 The application was approved by the Board of Supervisors on May 2, 1995 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 14 lots are allowed. Condition of, Approval #21 of Subdivision #937744 requires the applicant to agree to vote on father the development should be placed in a "County ServiceArea"to augment police services basad upon the residential use of the site. The initial assessment is $225.00 per lot. THE BOARD CP SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Order on September 14, 1999, by the following vote. AYES., 5UEi'RVI57S GIA, d4LKEMA9 GERBER, DESAULNTER and AWIAMa iA NOM NONE ABSENT. NONE ABSTAIN- €ONE m SUBJECT. Creating County RESOLUTION NO. 99/431 Service Area P_6 Zone 1610 (Gov. C. 25210.5 (SUS 9.3-7744 54900 fC) in time Alamo Area � and Authorizing a � Special Tax Erection in � Said Zone. � this Board recognizes the meed 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 avaliable. Government Cade Sections 5 077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, f HlS BOARD HEREBY CETERMiNES, ORDERS AND DIRECTS: 1. That portion of Contra Costa County Service area P-6 described in attached Exhibit "An is established as Zone 1610 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 Board shall cause the filirng of a statement of the creation of said zone to be made with the County Assessor and the State Surd of Equalization (inn Sacramento) pursuant to Government bade Sections 54990-54902. The filing small include a map or plot indicating the boundaries of said zone. Sa That Ordinance No. 99-34 adopted this date is to be presented for approval of the voters of Zone 1610 of County Service Area No. P-6 by a November 9,1999 mail ballot 8 ectsorn according to the foil ballot proposition: "Shall Ordinance No. 99-34 of the Board of Supervisors of Contra Costa County be approved so as to authorize a specW tax on property located in Zone 1519 of County Service P-6 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 1359 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. I hereby ceilify that this is a trt:c end correct cosy o` an action, taker and entered on the minutes of ti;e Orig. Dept-Community nity Development Board of Super vXo on the date shown.. cot County Counsel a, t Elections - € oxie Davis ATTESTED: Phil Batchezo� CI lc of Brand � Sherif f-Cororner, Kathy Martin of SupeTyisors and Count), Adrnmistrator Auditor-Controller Assessor BY `' � ._ Deputy RESOLUTION NO. 99/451 Resolution 99/431 Subdivision #937744 Zone 41610 6fi � b� 49 XHIB I'T A LEGAL DESCRIPTION PORTION OF SECTION 6, TOAFN SHIP I SOUTH, 1 N E 1 WEST, MOUNT DIA LO BASE AND N4ERIDIAN, A PORTION OF PARCEL,B AS SHOWN ON TBE MAP OF SUBDIVISION MS 64-87, FILED JUNE 4, 1996 IN BOOK 160 OF PARCEL, MAPS AT PAGE 16, AND A PORTION OF LOT 7 AS SHOWN ON THE MAP OF SUBDIVISION-6960, FILED DECEMBER 24, 1992 IN BOOK 363 OF MAPS, AT PAGE 33, CONTRA. COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGENTINFLNG AT THE SOL7HWEST CORNER OF SAID PARCEL,E, THENCE ALONG THE WEST LINE OF SAID PARCEL B,NORTH 5017'31"WEST, 40.94' METERS TO THE NORTHWEST CORNER OF SAID PARCEL E; THENCE NORTH 6004'42"FEST, 52.635 I[ETERS$ THENCE NNORTFI 5*36'40"EAST, 142.099 ETERS; THENCE'NORTH 14120'20"EAST, 130.661 METERS, THENCE NORTH 29056'24"FEST, 73.7891 ETERS, THENCE NORIH 60'04'47"EAST, 30.416 -METEILS; THENCE NORTH 663247"EAST, 156.070 METERS, THENCE'TORT 74022"47"EAST" 38.003 METERS; THENCE NORTH 50'2647"EAST, 5.947 METERS,THENCE NORTH 79°27'31"EAST, 30.690 METERS, THENCE NORTH 75005'39"EAST, 7.620 METERS, THENCE NORTH 83"26"52"EAST, 1.4.423 METERS, THENCE SOUTH 89'33'13"EAST, 33.680 METERS, THENCE SOUTH 83043'13"EAST, 9.754 METERS, THENCE NORTH 87'26'47'"EAST, 36.1.19 METERS, THENCE SOUTH 81'48'13"EAST, 17.983 METERS, THENCE SOLTEH 66"18913"EAST, 36.576 METERS, THENCE SOUTH 15008'13"EAST, 7.772 METERS, THENCE SOUTH 47'38";.3" 1€3.668 METERS; THENCE SOS 89055'13"'EAST, 1.655 METERS TO THE EAST LINE OF SECTIO 6,THENCE ALONG SAID EAST LINE, SOUTH 0.04'02""BEST, 525.453 METERS TO THE SOUTHEAST CORNER OF SAID SECTION 6, AT THE St3L AST CORNER OF THAT CERTAIN TRACT OF LAND DESIGNATED ASTLN, THE FINAL DECREE PARTITION ENTITLED, "MARY MA.REN GO, PLAINTIFF, VAS. STELLA MARENGO BORGH[NT3 AND A,NTNrIE MARENGO ARTERO, DEFENDANTS"AND RECORDED IN BOOK 20, PAGE 90, OFFICIAL RECORDS OF CONTRA COSTA CDL'NI°y, THENCE RUNNING ALONG THE DRTIDLNG LINE BETWEEN THE L.ANDS OF MORENGO AND FLORA S. JOINTS, NORTH 81015'35" WEST, 76.167 METERS TO THE EASTERN LINE OF SLBDMSIDN 6960 AS SAID LINE IS SHOWN ON THE MAP FILED ON DECEMBER 24, 1989 IN BOOK 364 OF MAPS, ANL° PAGE 33, CONTRA COSTA COUNTY RECORDS- THENCE ALONG SAID EASTER LIFE,NORTH 5°53'23"EAST, 68.592 METERS; THENCE NORTH 86"1C01 6"WEST, 48.758 METERS; THENCE SOUTH 59012'20" WEST, 65.233 METES TO THE WESTERN LINT OF SAID SUBDIVISION 6960(364 M 33); THENCE NORTH 81018'20" WEST, 121.74.8 METERS TO THE EASTERN RIGHT OF WAY LINT OF LAS QL"ET3RADAS LANE; THENCE ALONG SAID RIGHT OF WAY,NORTH 14049910" ' ST, 6.101 RS, HENC ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 7.620 ETERS, A CENTRAL ANGLE L E OF 43014'00"AND AN ARC LENGTH OF 5.7501 TE Ss THENCE ALONG THE ARC OF A CURVE TO TBE LEFT,HAVING A RADIUS OF 13.716 S, A CENTRAL,ANGLE OF 156"37'27", AND AN ARC LENGTH OF 37.494 °ERS, THENCE LEAVING SAID RIGHT OF WAY LINE, SOS 51c06'21"WEST,49.517 METERS,INCE SOIL 21000'06"WEST,48.667 WTERS TO THE SOUTHERN LINE OF SAID PARCEL B (169 PM 16), E ALONG SAID SOUTHERN LLNE,NORTH 86.50'25"TESD', 33.324 METERS TO THE POS OF BEGL�p CONTAINING 47 ACRES,MORE OR LESS. Subdivision #937744 Zone#1610 3 { I �a Him .he 'MI%.t11 I�vo.c a.4 �( 3��Itx{ �xerxlxIxx�� z( I�� tp� v. ' tR ax a s.l ax w me a sa ,t i; ,a a yd I"yya } { die 6 t `g R ' U! .o W ty tai.<.z,& 1 +iJ IJN i-.. .h W &i"4.I Anr Td C9 V N A N N M,+3 iab C." tee 4e to A4� 66 NY Nltx+L+ifi.N 'Nal&.� � 2D N {tn 6Bi Lo� }G'1a:i $ ufy f •b wi l ORDINANCE NO. 99-34 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1610 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARIjCLE ­ I. p . It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on -he secured property tax roll of Contra Costa County that are within one 1610 of Contra Costa County Service Area No. P-6 in order to augment fund-JILng 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 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 to 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 adminisi.-ration of this tax (Article IV of th_Js Ordinance) , as authorized by law. he revenues raised by t-his tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or appara'"'us, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ART1_C1JL_X7_- DZEIRITIME- The following definitions shall apply throug'-hout this Ordinance: 1. "Parcel" means the land and any improvements thereon, designated by an assessor' s parcel nap and parcel number and carried on the secured property tax roll of Contra Costa County. For the nurDoses of this ordinance, parcel does not include any 'Land or improve-ments outside the boundaries of Zone 1-US of County Service Area P-6 nor any land or impro-%rements owned by any governmental entity. ORDINANCE NO. 99-34 2 . "Fis-cal year" means the period of july l through the following g June 30. 3e Contra Costa County Service Area P-6 Zone 1610 (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 here-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. "'C'onsumer Price Index" means the Consumer Price Index for all. Urban. Consumers (CPI-U) for the Sari Francisco-Oakland®San Jose Area (1382-84x-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 sane 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 aunt which, in gears subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as t e 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 I.F.-" 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. The tax per year for the first fiscal year (July 1, 2QQQ through kYune 30, 2001) shall be the Amount of Tax Per Parcel, for a Property Use Cade Category as set forth on Exhibit C incorporated herein, -2- ORDINANCE NO. 33-34 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 Barth 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 sor of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in he Zone for the then current fiscal year as set fort. 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 ars amount determined as follows: Tax Per Parcel Tax Per Parcel (consumer Price index `dor then Current For First X for April of Immediately Fiscal. Year Fiscal year �) (Consumer Price Index for First Fiscal Year of Levy) Provided, ho ever, 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 aux each parcel pursuant to this Article hall be a charge upon the parcel and shall be due and collectible as set forth in Ar'L. .c.ee 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. 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 luxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE 3-ORDI ANNE NO. 99®34 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 o Contra Costa. Insofar as feasible and insofar as not inconsis- tent nconsi -tent with this 0 di mace, the taxes are to be collected in the same manner in which the Count-y collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsis- tent nconsi ®tent with. this Ordinance, the times and procedure recrardincr exemption's, due dates, installment payments, corrections, cancella- tions, refunds, late payments, penalties, liens, and collection 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; l) 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 Adnini. tr .tion by County. The reasonable costs incurred by the County officers collect- ing and administering this tax shall be deducted fron, the collected taxes If any article, section, subsection, sentence, prase of clause of this Ordinance is dor any reason held to be invalid, such decision shall not effect the validity of the re aining 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 rre p c- tive of the invalidity of any other article, section, subsection, entente, phrase or clause. This Ordinance hal' take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be heldQY_P� �� � ���� so that taxes shall first be collected hereunder for the tax year beginning July 1, � -4- ORDINANCE 4E3zRDIN NCE NO. 99-34 at a regular meeting of the Board of Supervisors, County of Centra Costa, State of California, on September 1-4g 10-99 by the following votes AYES: SUPERVISORS GICIA, UILKEMA, GERBER, DESAULNIER andCANClIAMILLA NOES,. NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHIM BATCHELOR, Clerk of the Beard of Supervisors and County Admini tri�or r s> gg r 6 r 3 Deputy f V, "to;df df4evjw\ord\csap6 ORDINANCE NO. 99®34 Ordinance 59934 Subdivision #937744 Zone#1610 EXHIBIT A LEGAL DESCRIPTIO PORTION OF SECTION 6,TO NSILP I SOLI, RANGE 1 IN-EST,MOI F DIABLO BASE AND MERIDIAN, A PORTION OF PARCEL B AS SHOWN-1 O THE " IAP OF SU'BDIVISIONT S PORTION OF JUNE 4, 1996 BOOK 160 F PARCEL MAPS AT PAGE 16, AND A PORT$O3.�Q O LOT 7 AS SHOWN ON THE MAP OF SUBDIVISION 6960,FILED D CE MBER24, 1392 IN BOOK 363 OF MAPS, AT PAGE 33, CONTRA COSTA COUNTY T RECORDS, MORE P .TICL-,LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST S CO OF SAID PARCEL B, THENCE ALONG THE WEST LINE OF SAID PARCEL B,NOT 5.17'31"WEST, 40.947 -NIETERS TO THE NORTHWEST CORNEA,.OF SAID PARCEL B, THENCE NORTH 6°04'42"WEST, 62.635 'I:E .S,7H NCE.NORTH 5'36"40"EAST, 142.099 NI TERS;THENCE NORTH 14"20'20"EAST, 130.661METERS;THENCE NORTH 29°56'24"WEST, 73.759 ETERS, THENCE NORTH 60'04"47"EAST, 30.416 METERS, THENCE NORTH 66'32"4T'EAST, 156.074METERS; THENCE NORTH 74°. 2'47"'EAST, 38.€03 ETERS, THENCE INOR.TH 50*26'47'EAST, 5.947 ETERS, THENCE NORTH 79°27'31"EAST, 313,690 METE , THENCE NORTH 75005'39"EAST, 7.620 T.ERS, THENCE NORTH 3°26'52"EAST, 14.423 METERS; THNTCE SCLC 89'33'13"EAST, 33.680 NIET. RS;THENCE SOUTH 83043'13"EAST, 9.754 ETERS;TACE NORTH 87'26'47"EAST, 36:119 METERS; THENCE SOUTH 8 1*4 '13"EAST, 17.983 MTERS; THENCE SOUTH 66"18$13"EAST, 36.576 METERS; THENCE SOUTH 15'05'13"EAST, 7.772 NIET.ERS; THENCE SOLS 47'38'13"EAST, 10.668 METERS,THENCE SOCA 89'055$13"EAST, 1.655 METERS TO THE EAST LINE OF SECTION 6,THENCE ALONG SAID EAST LINE, SOUTH 0°04'02'-WEST, 525,453 NiIETERS TO THE SOUTHEAST CORNER OF SAID SECTION 6, AT THE SOUTHEAST CORNER OF THAT CERTA N TRACT F LAND DESIGNATED AS 'T INN THE FINAL DECREE D�-' PARTITION ENTITLED, "MARY MARENGO, PLAINTIFF, VS. STELLA RECORDED LAY BOOK 20, PAGE 90, OFFICIAL RECORDS OF CONTRA COSTA COUTINITY, THENCE RUNNING AL€3N THE DIVIDING LINE BETWEEN THE LANDS OF MORENGO AND FLORA S. JONES, NORTH 81"15'36" WEST, 76.167 METERS TO THE EASTERN LINE OF SUBDIVISION 6960 AS SAID LINTE IS SHOW-NONN THE MAP FILER ON DECEMBER 24, 1989 IN HOCK 364 OF MAPS, AT IMAGE 33, CCNU.COSTA COUNTY RECORDS; THENCE ALONG SAID EASTERIN LENT,NORTH 605323" EAST, 68.592METERS; THENCE NORTH 86010'16"WEST, 48.768 METERS; THENCE SOCA 59112'20"'FEST,65,233 ETERS TO THE WESTERN LINE OF SAID SUBDIVISION 6960(364 M 33); Tl-fENCE NORTH 81018'20"WEST, 121,748 METERS TO THE EASTERN RIGHT OF WAY LLNE OF LAS QUEBRADAS LANE; THENCE ALONG SAID RIGHT OF WAY,NORTH 14049'1(YWEST, 6.101 INIETERS,;ITIENCE ALONG A CL-RVE TO THE RIGHT,HAVD-*A RADIU,S OF 7.620 METERS, A CENTRAL ANGLE OF 43°14'00"IND AN ARC LENGTH OF 5.750 INIETERS;TBENICE AL `N*GTHEARC, OF A CUR VE TO THE LEFT,HAVING A RADIUS OF 13.716 METERS, A CENIRAL ANGLE OF 156037"27'', -kN. D ANN ARC LENGTH OF 37,4941METERS.- THEPC E LEAVING SAID RIGHT OF WAY LrNE, SOUTH 51.06'21"WEST,49.817 INETERS; THENCE SOUTH 21''00'06''WEST, 48.667 METERS TO THE SOUTHERN LINE OF SAID PARCEL B (169 PX I 16);THENCE ALOING SAID SOUTHERN LLNIT,NORTH 86050'25"WEST, 33.324M[ETERS TO THE POINT OF BEGIN-N-INGAND CONTAINING 47 ACRES, 2MORE OR LESS. Ordinance 99-34 Pillion #93 7444 Zone g#,, 6 0 MWAe Jv M � 5 Rz f �vz c� C-� ICY oil o wjae.!Wv.ia.fw , IraOl nit'" I•,)I r9 1 Y�1P 213 rs11111 lepl n� ��s ns 'p liEllr 9� � i � r ! +nfm�rrns�m� � sa � �51 ;a��e 04 iLA1 qto 0 0, ,fA �+ Lb X02 I ng IS till (71 Sr lo- 15 y �z r b y v ,mr cr 42 d� tt `� c✓a O � m ✓L7 ORDINANCE NO. 99-34 ZONE 1610 FOS F 1SCAL YEAS JULY1, 2000, THOUGH KNIE 30, 2001 EXHIBIT C PROPERTY USE ANN AL TAX CODE CATEGORY EXPLANATION PES PARCEL 11 Single Family Residence- 1 residence, 1 site $200 12 Single Family Residence- $200 residence, 2 or more sees 13 Single Family residence- 200 2 residences on 1 or more sites 14 Single Family residence- $200 other than single family land 15 Misc. Improvements- 1 site $200 15 :disc. I .provennents---2 or mmore sites $200 17 Vacant- 1 site $100 18 Vacant-2 or more sites $100 19 Single Family Residence - $200 Det. w/common area 20 Vacant-Multiple $100 21 Duplex $200 22 Triplex $200 23Alex $200 24 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 gaits) $400 27 Apartments (25-59 units) $600