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
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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
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Deputy
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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
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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