HomeMy WebLinkAboutMINUTES - 09141999 - SD20 Contra
° - BOARD OF SUPERVISORS Costs,
County
FROM: DENIMS M. BARRY, AICD
COMMUNITY DEVELOPMENT DIRECTOR
DATE: September 14, 1999
SUBJECT. EAA IN PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY
SERVICE AREA P=£, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION
THEREOF AND FORMATION IATI OF THE FOLLOWING ZONE: ZONE 128, SUBDIVISION
D917657, OAKLEY AREA.
47Ai
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
aEQ`est'dS•i M—Ed`YQI A N...
1. Adopt the Resolution authorizing an election for Zone 123 in County Service
Area P-6. (Resolution No. 991433)
2n Adopt the Ordinance establishing ging a fee to Police Service District to
D91 76570 (Ordinance 99®37)
3. Direct the County Clerk to conduct the election required by Government Code
Section 5397. This election shall be conducted by mail ballot pursuant to
Code Section 4339 and shall be held on the earliest date permitted by lane
None
CONTINUED ON ATTACHMENT. X YES SIGNATURE 4�
RECOMMENDATION OF COUNTY ADT€ 'T ATO RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SI I ATUE
ACTION OF BOARS .�jV '����APPROVED AS RECOMMENDED X- T -®
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT "� � ���� AND CORRECT CPYOP AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT., A STAIN: BOARD OF SUPERVISORS ON THE DATE
SNOWY',,
Contact: Jennifer Peterson 335-1206 ATTESTED
cc: Community Developant Department (CDD) PML .B-A HL% �
H,
CLERK" IA
Elections-Loxia Davis THE BOARD OF SUPERVISORS
S. erifr'-Coroner Kathy Martin AND COUNTY ADMINISTRATOR
CountyClerk-Elections
Auditor- cntrciler
Assessor BY DEPUTY
sd917657.psd
dt
police services District-SM7667
September 14, 1999
page 2
vKG
The application was approved by the Board of Supervisors on February 9s 1993 with
the requirement to establish a Police Service District prior to recordation of the final
map: A maximum of 220 lots are allowed.
Condition of approval #10 of Subdivision #917657 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 $225,00 per lot.
THE BOARD OF SUPERVlSORS OF CONTRA COSTA COUNTY, CAUFORNIA
Adopted this Order on September 14, 1999, by the following vote,
AYES- SUPERVISORS GIOIA, UILKEMIA, GERBER, DESAULNIER and CANCIAM11ILLA
NOES: NONE
ABSENT. N 0 N E,
ABSTAIN: N 0 E
SUBJECT: Creating County RESO"LUTION NO. 99/433
Service Area P-6 Zone 128 (Gov. C. 25210.8 &
(SUB 917657 54900 ff.)
in the Oakley Area
and Authorizing a
Special Tax Election in
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 in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That nortion of Contra Costa County Service Area P-6 described in Attached Exhibit "A"
is established as Zone 128 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 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 54900-54502. The filing shall
include a map or plot indicating the 'boundaries of said zone.
I That Ordinance No. 99-37 adopted this date is to be presented for approval of the
voters of Zone 128 of County Service Area No. P-6 by a October 1.9, 1999 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 99-37 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 128 of County Service P-6 to maintain
the present level of police protection service and provide
additional funding for increased police protection service7"
4o The County Clerk (Elections Clerk) is directed to take ail 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.
1 hereby certify that this is a true and co Tect copy of
an action taken and entered on the m Vutes of the
Orig, Dept-Community Development Board of Supervisors on the date shown.
cc, County Counsel J
ATTESTED:, f r3
Elections - Roxie Dav's Phil Batchelor, k of the Board
Sheriff-Coroner, Kathy Martin of Supe rvisors and County Administrator
Auditor-Controller
Assessor By Deputy
df
RESOLUTION NO. 99/433
Resolution 4999433
Subdivision #917657
Zone#128
s6��
EXHIBIT A
Legal Description
All that real property situate it the City of Oakley,Co my of Contra Costa, State of California,
described as follows;
A portion of the `northwest 114 of Section 35, Tow nship 2 North, Range 2 East', Motet Diablo
Base and Meridian, further described as follows:
-Com,mencing at jhe North 194 Corer of said Section 35; thence alonja the north lire of said
Northwest Ido of Section 35 North 89°24347" vest,558.29 Feet; thence South 44135'1335 West,
45.44 feet to the point of beginning;thence parallel with said north line North 89024'4785 vest,
1194.41 feet; thence South 44°4`343351 Fest, 1277.07 feet;thence South 89123'42" East 427.54
met;thence South 134°47'4344 `Nest, 1299071 feet to a point on the northerly right sof way of
Carpenter load as it presently exists,said right of gray line lies 22.54 feet northerly of the
southerly line of said Northwest 194 of Section 35;thence along last said right of way line South
890224373£ East, 585.35 feet; thence North 44051`21" East, 538.50 feet; thence South 89023'4134
East, 73.14 feet; thence Forth 44°49'2458 East, 551.41 feet;thence earth.44049`12" East, 539.92
feet; thence South 890244744 East, 537.54 feet to a paint to a point 22.5€3 feet westerly of the
easterly line of said Northwest 114 of Section 35, said port also being,on the westerly right of
way line of Brown load as it presently exists; them along last said right of moray line North
44°51°2133 East, 154.79 feet; thence North 89024347" Nest, 535.28 feet;thence North 44°49`12"
ast, 47231 feet to the point of beginning.
Containing ing an area of 53.94 acres, more or less.
4
Resolution#99/433
Su
b ivision 17657
Zone 4128
A PORTION E THE NORTHWEST /4 OF SECTION 3 , a
TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIAB O BASE AND MERIDIAN.
t
1,/4 CONE
NW CORNER SEC F ION 35
SECTION 35
S W35'13' w (45,00.
\ R ST24'47' W (558.29')
3 P.O.
4 w r
Fi =Vv- E r 164.7T
ie
`
Lsm 2 ' 2" E (427M') a
SCALE: 4'-400' �
� � a
r«
1 y La #i
S MV37` E (585,35'
i
1/4 CORNEA CENTER OF SECTION 35 `3
SECTION 35
t
3
tDATE: 7/26Z99 SCA.LEn 1"-409' i
Lk1 z t( IKLE N-O. 97 92
M<' L EN'Gi NE:RING—SND PLANNING—LAND SURVEY;NG
PHONE' (925j 6585-4569 FAX (925) 685--4538
12290 f
DIAMONDILV ., S tl-E 100 CONCORD Cha. 945210 EXHIBIT
ORDINANCE NO. 99-37
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tex for Police Protection Services in Zone
128 of County Service .area No. P®6
The Contra Costs County Board of Supervisors ORDAINS as follows:
ICLE m �_ -_ � N e 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 Costs County
that are within Zane 1,2& of contra Costa County Service Area No. p®
In order to augnent funding for police protection.
This tax is a special tax within the meaning of Section 4 of
Article XI11A of the California Constitution.on. Because the burden
thisof tax
falls upon
prop
:.;:.;:.;;:.:.;:.;:.;:.;;:.;;:.;:.;:.;:.;:.;>.:::<:;::::::;; .............:.... :, .... property tax
r :Six:j�,:: 'f ::>?::>::':':`:::>:::::::::::>n::.'c: :» s`:s:^ >::
but thistax not ct � :::::>:w::: :f >.::::::::»::::»::::::::::> ::: ::::>::<:: ::>:::: based
S
€ on the value ofproper'
ys prl and use
of
property
basis. Insofar
or with legislation and insof ar as
applicable to a property
:::>::::>::>::::::::::>::.:::.:;»::::::::> t,e
nCode and of
provisions r ::: :: :f > .
Article XIII of the al fori a» toad valorem
property taxes are
r o,.
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 benef-J''IC-s of police protection personnel, and for such other
police protection service expenses as are deemed necessary.
. _ a The followIng definitions shall
apply throughout this Ordinance
1. "Parcel" means the land and any improvements thereon,
designated by an assessor's parcel, map and parcel nu-mber and
carried on the secured property tax roles. of Contra 'Costa County.
Fos the purposes of this Ordinance, parcel does not include any
land or improvement outside the boundaries of Zone 22a of County
Service Area Pm6 nor any land or improvements owned by any
governmental entity.
ORDINANCE E NO. 39-37
2® "Fiscal year" means the period of July I through, the
following June 30.
3s Contra Costa County Service Area P®6 Zone 1 (hereinafter
called "Zone $) means that portion sof the unincorporated area of
Contra Costa Counts located within the Zone's boundaries described
(see Exhibit A attached. hereto)
4. "Use Code" neans the code cumber 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'
use code class if ications chart is attached hereto as Exhibit B and
incorporated herein
5. "Consumer Price Index" means the Consumer Price Index for
all Urban Consumers err (CP1- ) for the San Franc i sco-Oakland®Saar Jose
Area (1982-84=100; as published her the U.S. Depa.rtm t of labor,
Bureau of Labor Statistics. if the Consumer Price Index i
discontinued or revised, sum h other government .index or computation
'th which it is replaced shall he used in order to obtain
substantially the same result as :could he obtained if the Consumer
Price index had not been discontinued or revised.
6. "Constant first year dollars" shall mean an actual dollar
amount =which, in years subsequent- to the first fiscal yeas' the tax
is levied., shall have the same purchasing poser 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 pa.rcel as
specified In Article III 1A herein. The adjustment from actual to
constant dollars shzall be made by use of the Consumer Price index,
as specified in Section III
@ �(�1B herein. mA
XZFE
1e The tax per year on each parcel in the Zone shawl not
exceed the amount applicable to the parcel, as specified below.
A.
The tax per year for the first fiscal year (July m,
through June 30, 01; shall he the Amount of 'fax per Parcel for a
Property Use Code Category as set forth on Exhibit C incorporated
herein.
®2m
ORDINANCE NO. 99-37
In order to keep the tax on each parte], 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.
d
In each July, the Board of Supervisors of Contra. Costa County
shall determine the amount of ':;axes to be levied upon the parcels
n the Zane for the then current fiscal, year as set forth below.
For each 'Pro ermy Use Category on Exhibit C, the tax per year
an each parcel for each fiscal year subsequent to the first fiscal
year shall be an amount determined a follows
Tax Per Parcel, Tax Per Parcel (Consumer Prate Index
For then Current For First X for Aril of Immediately
Fiscal Year Fiscal Year
(Consumer Price Index
for First Fiscal Year
of Levy)
Provided, however, that In no event shall the tax per parcel for
any fiscal gear be less than the amount established for the first
fiscal year.
® The taxes levied on each parcel pursuant to this Article
shall be a charge upon the parcel and shall he due and collectible
as set forth in Article IV, below. A complete listing of the
ane nt of taxes on each parcel shall be ruain al'ned by the Sheriff-
Coroner of the County of Contra Costa at Martinez, and he available
for public inspection during the remainder of the fiscal year for
which such taxes are levied.
ARTLra�: a
la faxes as T 4.1-4ens Against the Property.
The a ont of taxes for each parcel each year shall constitute
a lien on such property, in accordance with Revenue and Taxation
Code Section 2187, and shall. have the same effect as an ad valorem
real property tax lien until fully paid.
-3-
ORDINANCE
3ORDINANCE NO. 99-37
2 s 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
of Contra Costa. Insofar as feasible and insofar as not inconsis-
tent
ncon i -
t nt 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
ncons s—tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions,
an l.la-
ion , refunds, la.t payments, pen lti , liens, and collections
for secured roll ad valorem property saxes shall be applicable t
the collection of this tax. Notwithstanding anything to the
contrary in the foregoing, as to this ;: .xti 16 the secured roll tax
ills shall be the only notices required for this tax, and ) the
homeou7nars and veterans exemptions shall not be applicable because
such exemptions are dot r in d 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.
1f 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
would have adopted the remainder of this ordinance, including each
article, section, subsection, sentence phrase or clause, irrespec-
tive
rr pec-
ti e of she invalidity of any other article, section, subsection,
sentence, phrase or clause.
This Ordinance shall take effect immediately upon its
conf r apion by two-Uzird ref the voters voting within he Zone in
an election to be held_ � so that taxes stall, first
be collected hereunder for the tax year beginning July 1, 2M.
4®
ORDINANCE NO. 39-37
am t a regular meeting of the Board o
Supervisors, County of Contra Costae State of California, on
September 14, 1999 by the following vote:
AYES: SUPERVISORS OIOIA, UILKEMA, GERBER, DESAOLNIER and CANCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN, NONE
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
VJW s d
df4:vjw\odd\csap6
ORDINANCE NO. 99-37
Ordinance 99- 7
Subdivision #917657
Zone#128
EXHIBIT A
Legal Description
All that real property situate in the City of Oakley,County of Contra Cost, State of California,
described as follows:
portion sof the Northwest 1/4€�f Section 35;Township 2 Norah,Range 2 East, taan Diablo
Base and Meridian,farther described as follows:
ar e.-n^ing at the North 1/4 Corner of said Sectio 35;thence along;the north line sof said
Northwest 1/4 of Section 35 Nlorth 9°24'47" West,558,29 feet,thence South£10"35'13" West,
45,,,00 feet to the point of beginning;thence parallel with said north line North 8924`47" West,
1190.41 feet;thence South€10147'03" West, 1277,07 feet;thence South 89023'42" East 427.50
feet;thence South 0€ 14743" West, 1299.71 feed to a point on the northerly right of way of
Carpenter Road as it presently exists, said right of way lisle lies 22.53 feet-northerly of the
southerly line of said Northwest 1/4 sof ection 35;thence along list said right of way line Soml
89022'37" East, 585.35 feet; the ice North€1005:71" East, 638.50 feet; thence South 89023'01 11
East, 73.10 feet;thence Orth 00"49424" East,661,41 feet;thence North 00049'i2" East, 639.92
feet; thence Saute 89024'47" East, 637.613 fee:to a point to a point 22.50 feet westerly of the
easterly line of said Northwest 1/4 of Section 35, said paint also being an the westerly right of
way line of Brew Road as it presently exists;thence along last said right of way line North
00.51°2144 East, 164.79 feet;thence'_ rarth 89°24447" West, 535.28 feet; thence North 0£3149'12"
East, 472.71 feet to the paint of begirning.
Containing; an area of 53,94 acres, mere or less.
i
Ordinance#99-37
€bd€vision#917657
Zone#128
A PORTION OF THE NORTHWEST 1 /4 OF SECTION 35,
TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN.
1/4 CORNER
N` CORNER SECTION 35 E
SECTION 35
S 35,13- W (45,x`)
N 89'24'47' W (558.29`)
N BT24'47`W (1190.41')
r �
P.0. �
I
w N BT24V- W (5M.281
Fi "51`21 (264.74` "
S ST24'47o E (637.Mn
f
s
� ' 3
f �7
S M142- E (427,W) i
t
SCALE. V-4co,
i
E
s19
s 84"23'02' E (7110-)
7 a
l
LS gST22<37c E (585.35`)
1
w 1/4 CORNER CENTER OF SECTION 35 i
ECT ON 35
7/26 99r
BrHLLFccH & Assoc, DATE.
CA _� '
gi $ El; E NO.: 9709'7AL SSE;; I OF 1
k! ;L ENG'MERlNG—:AAD PLANNING—LAND 8URVEl'M
`DHONE (9251 68.5-4569 FAX /925) 685-4838 4
x:2290 DAIVICOIND BLVD., SITE 10`0 CONCORD CA. 945520 EXHIBIT
rn , Cc, t�
� ,
.c
AIM
cl
wt4
� §
ca
z
` , r' '' te ,
� CL IDVZ
p
rn VA
cz
� 02
r C,
,,
ve
SE
` =
CI`
gy
VC
i"
cn
a�
ga 4
m
O r.NANCF-NO. 99-37 ZONE 128
FOR FISCAL YEA _JULY L 2000, THROUGH J NE 30, 2001
EXHIBIT C
PROPERTY USE ANN IIT TAX
COTe CATEGORY EXPLANATION P R PARCEL
I 1 Single Farm-v Residence—
1 residence, I site $200
12 Single Family Residence- $200
1 residence, % or more sites
13 Single Family residence- $200
2 residences or: I or macre sites
14 Single Family Residence— $200
other fhan single family land
15 Misc. Imorovernents— 1 site $200
16 Misc. Improvements—2 or more sites $200
17 Vacant— I site $100
18 `vacant—2 or more sites $100
19 Single FamKy Residence - $200
Det. w/corrmon area.
20 Vacant—Multiple $100
21 Duplex $200
22 Triplex $200
23 Fourpl ex $200
24 Combination $200
25 Apart-meats (5-12 units) $400
26 Apartments (13-24 units) $400
27 Apartments (25-59 units) $600