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HomeMy WebLinkAboutMINUTES - 09141999 - SD21 Contra Costa TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR ATE: September 14, 1999 SUBJECT: HEARING RI PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA -6, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING N E ZONE 2660, SUBDIVISION #SD988228, LAFAYETTE AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION _MM..ITI Adopt the Resolution authorizingelection for Zone 2690 In County Service Area -6. (Resolution . 99 434) 2. Adopt the Ordinance establishing a tee for Police Service District for D93626, (Ordinance 99-41) 3. Direst the County Clerk to conduct the election required by Government Code Section 639 . This election shall be conducted by nail ballot pursuant to Code Section 4960 and shall be held on the earliest date permitted by law. FECAL IIT T None CONTINUED ON ATTACHMENT- YES SIGNATURE T RECOMMENDATION OF COUNTY ADMINISTRATOR BOARD COMMITTEE TEE —APPROVE OTHER. SI NATUR TION OF BOARS APPROVED AS RECOMMENDED VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRU UNANIMOUS AAI T 121 ) AND CORRECT COPY OF AN ACTIONTAKEN AYES-, NOES- - AND ENTERED ON THE MINUTES OF THE ABSENT- -- - A BSTAaIN-. BOARD OF SUPERVISORS ON THE DATE SHOW Contact- Rose- Marie Plats 335-1216 :ATTES E cc: Community Development Department (CIT) PHIL BA HELOR, LRk OF le Ii ns-Kone Davis THE BOARD OF SUPERVISORS Sheriff-Coroner-Kathy Martin AND COUNTY ADMINISTRATOR County Clary-Elections Audltora-Conllr �'er Assessor By/' y- ff DEPUTY sd96226o pd °� Police services Dieu€ct-$D988228 SeWteer 14, 1999 Fags 22 The application was approved by the County Zoning Administrator on June 21, 1999 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 6 lots are allowed. Condition of Approval #26 of Subdivision #988228 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 SUPERVISORS €3F CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 14, 1999, by the fallowing vote: AYES, SUPERVISORS SICIA9 UIL�EMA, GERBER, BESAU!VIER andCANCIAMIIL3 A NOES. NONE ASSENT: NONE ABSTAIN: NONE _n SUBJECT- Creating County } PES LU TION a 991434 Service area P-6 Zone 2300 (Gov. C. 25210 & (SUB 93-5228 54900 ff.) in the Lafayette 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 59077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, T1- E EFOPE, THIS BOARD HEREBY DETERMINES,IVES, ORDERS AND DIRE TS- `i That portion of Contra costa County Service Area P-6 described in ,attached Exhibit "A" is established as Zone 2500 of County Service Area No, P-S, 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 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 54900-54902. The filing shall include a map or plc: indicating the boundaries of said zone. 31 That Ordinance No. 99-41 adopted this date is to be presented for approval of the voters of Zone 2390 of County Service Area No. P-Fs by a November 16, 1999 mail ballot election according to the following ballot proposition: 'Shall Ordinance No. 99-41 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 2800 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 (Flections 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 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. I hereby certify that this is a true wid correct copy of an action taker and entered on the minutes of IhC Orig. Dept-.Community Development Board of Supervi rrs`or the date shown.. Co. County Counsel Flections A Poxie av s ATTES Phi*BatcCheior,C. rk ofthe- hoard Sheriff-Coroner, Kathy Martin of Supeyvisors and Courcy administrator Auditor-Controller Assessor By s � rr r te, ,Denwty df RESOLUTION NO. 991434 ss € #99/434 Subdivision Zone#2800 " WRIAL��� PARCEL . REAL PROPERTY SITUATED IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS - PARCEL OLLO SPARCEL A AS SAID LAND DESIGNATED ED ON HE MAP OF SUBDIVISION MS 291- 78 FILED ON JULY 31, 1980 IN BOOK SS OF PARCEL MAPS AT PAGE IS I THE OFFICE CP THE RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULAR- LY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CODER OF EXTERIOR BOUNDARY LINE OF SAID PARCEL; THENCE ALONG SAID NORTH LINE NORTH 73*45' 00" EAST, S8058 METERS ; HENCE LEAVING SAID LINE SOUTH 14612 ' 00" EAST, 240384 METERS; ` `HENCE NORTH 73445' 00" EAS` , 41.148 METERS, THENCE SOUTH 14412' 00u EAST, 7 ,626 METERS; `I`HENCE SOUTH 73*4S' 00'' WEST, 34 .747 METERS; THENCE SOUTH 14'12' 00" EAST, 30 .047 METERS; HENCE SOOT 73045' 001 WEST, 92 ,525 METERS; HENCE" N[ORTH 16015'45" WEST, 62 .015 METERS TO THE POINT OF BEGINNING. CONTAINING 6, 294M SQUARE METERS OF LAND, MORE OR LESS . (APN 169-222-025-02) tz SIV, Resolution#99/43 Zone#2800 =SUN t N 1 4°1 2 POI W I 7.626m L cam; BOURaRyu PARCE' a PARCEL T a MS 291-78 � ma 291-78 � v z 71 cca # w r$a E C14 u . 1 � Ch VCR ihU E SUBDI1d#SLOP# 4009 SKY W MCLANz e5r HOMEOWNERS ASSOCIATION cs ISAKSON & ASSOCIATES INC. ,4+ 2258 Y N,-,OtO VALLCY ROAD, SUiTg C WALNUT CREEK, CA. 945Q6-e-5338 ;Q PHONE laic 937-9333 �IAX :510 957-71326 BOUNDARY ICHECKED BY: Ni 1DRAWN See R8—JR I JOB No-. 9844 ORDINANCE NO. 9- 41 (An Ordinance of t e Board of Supervisorsof Contra Costa County) Authorizing a. Special Tax for Police Protection Services in Zone 800 of County Service Area Inc. P-6 The Contra Costa, County Board of Supervisors ORDAINS asfollows: RT1,CE-1. It is the purpose and intent of this Ordinance to authorize the levy, a tam on parcels of real property on the secured property tax roll of Contra Costa County that are within Zane Q of Contra Costa County Service Area No. P-6 in order to augment funding for police protection. This tax is a special tax within the meaning of Section 4 of Article XImlA 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 pun the value of property; this ta.x 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 a applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Coca and of Article XIII of the cadifcrnia Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article d of this Ordinance) , a authorized by law. The revenues raised by this tax are to be used solely -or the purposes of obtaining, --Furnishing, opera.tin , and maintaining police protection equipment or ap aratSs, for paying the salaries and benefits of police protection personnel , and for such other police protection service expenses as are deemed necessary. A A17 � EjN SIC ' m The following definitions shall apply throughout this Ordinance: I. "Parcel" means 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 land or improvements outside the boundaries of Zone of County Service Area P-6 nor any land or i prove .ents owned by any governmental entity. -I- ORDINANCE NO. 99-41 2. "Fiscal year" means the period of July 1 through the following Funs 30. 3. Contra Costa County Service Area P-6 Zone (hereinaf- ter here .n f- t r called "Zone) means that portion of the unincorporated area of Contra Gaeta County located within the Zone's boundaries described (see Exhibit A attache hereto) ® 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' 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 isco-Oakland-San Jesse Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Libor Statistics. 1ffi the Consumer Price Index i discont'-inued 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. a "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount first fiscal year dollars as measured by the Consumer Price Index. The Haase amount shall be the amount of tax per parcel a specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Prise Index, as sDecifled in Section l^^lI ``.B herein. a she tax per year on each parcel in the Zone shall not exceed the am.ou t- applicable to the parcel, as specified below. A. fQr-Lins� The tax per year for the first fiscal year (July 1, 22D e„a through June 30, ) shall l be the Amount of Tax per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein -2- ORDINANCE ANNE Oa 99®41 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 below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the -4--irst fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current For First X for April of Immediately Fiscal Year Fiscal Year r e (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 Barth 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 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 Taxation Code Section 2187, and shall have the same affect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 99-41 2 m Collect--Lon. 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. Costain Insofar as feasible and insofar as not inconsis- tent n o si - t n with this Ordinance the taxes are to be collected in the seas manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsis- tent with this Ordinance, the times and procedure regarding. exemptions, due dates, installment payments, corrections, cancella- tions, a c lla- tionsr refunds, late payments, penalties, liens, and collection for secured roll ad valorem property taxes shall be applicable to the collection of this -tax. Notwithstandi g anything to the contrary in time foregoing, as to this taxa 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 m Costs of Adninistration 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 o clause of this Ordinance is -for any reason held to be invalid, such decision shall not effect the validity f the remaining portion o this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, sections subsection, sentence phrase or clause, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. This Ordinance shall take effect immediately upon it conf ir.mation by two-thirds of the voters voting within the zone in n election to be held 1QY=bgx �Q o that taxes shall first be -collected hereunder for the tax year beginning July 1p -4- ORDINANCE NO. -41 .. at a regular m. eting of the Board o Supervisors, County of Contra Costa, State of California, on September 149 1999 by he following vote: AYES., SUPERVISORS GI01Aj",V LKEMA, GERBER, CESAU NIER and CANCIAMILLA NOES: NONE ABSENT., NONE ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator S By., s -r 32 eputy 0 Cha i i BOJ m dA df4avjw\©rd\csap6 ORDINANCE NO. 99-41 'Ordinance 099-41 Subdivision #988228 Zone 0800 REAL PROPERTY SITUATED Iry CONTRA COSTA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS PARCEL A AS SAID LAND DESIGNATED ON THE MAP OF SUBDIVISION MS 291- 78 9Iw73 FILED ON :JULY 31, 1980 IN BOOK SS OF PARCEL MAPS AT PAGE ".3 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULAR- LY DESCRIBED AS FOLLOWS : BEGINNING AT SHE NORTHWEST CORNER OF EXTERIOR BOUNDARY LINE OF SAID PARCEL; ?HENCE ALONG SAID NORTH LINE NORTH 73*45' € 00 EAST, 88 .356 METERS , rHENCE LEAVING SAID LIFE SOUTH 14012 ' 00 'l RASTO 24 . 384 METERS; THENCE NORTH 73045' 000 EAS E`, 41 . 148 METERS;l THENCE O' 'l3 1.4*12, li " EAST, 7 .626METERS; THENCE SCUT 73*45' 00'' WEST, 34 . 747 METERS; THENCE SOUTH 1,1 '12' 00" EAST, 30 .047 METERS; THENCE SOUTH 73-45' 00 WEST, 92 . 525 METERS; THENCE NORTH 16115'45" WEST, 62 . 015 METERS 'W O THE POINT OF BEGINNING. CONTAINING 6, 294 . 19 Q ARE METERS OF LAND, MORE 4R LESS . (APP 169•-222-025-02) _ t IN �Y� V f # 2.• p my Ordinance §4 Subdivision #988228 Zonae#2800 HUSTON iN 1412'00 W t 7 5 ID2' RYU PARCEL B PARCEL C t V W_ MS 221-78 ma 291-78 N 34'12'00" W $$°3 V00- FE 24.� 180.0013 097, e3 n t,11' U CQ +mss r `O c B2 W, e cq cd 5 CD a vY pp� peQ ��^ fes; fiery pq ,ryg }yam fE iib S69`PnJ� Yd L.^i,ei,r'1 [2v`Na R'*�.My] 81"JSDIVISIDIN 4o96 SKY WEST HO1�4E�7�iNEIRS ASS0�i.�710INr?V4� 46 11MfSZ �3 G JAL s ISAKSON & ASSOCIATESINC. MLAO. SU'YL b WALNUT CREEK, GA. ffi+i.°8£S-m X33°3 � S�Sit3h7� 99:J X37-�935J LAK 89b 89P----7m.28 v4 e} r 99-41 5 LLb # � . ZZ CL R F—V' ch CD Ll Sia CL ..w� u El il 5 . t;-ij ea 9 �- c+ , < 03 -� F. ` Wit•. ' C IIo�AIICE N0. 99-41 ZONE 2800 ECS DISCAL YEAR JULY 1, 2000, THROUGH JUINTE 30n 2001 EXHIBIT PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PAROL I i Single Family Residence-- I residence, I site $200 12 Single Family Residence- $200 1 residence, 2 or more sites 13 Single Family Residence- $200 2 residences can I or more saws 14 Single Family Residence— $200 other than single family land 15 Disc. Improvements— I site $200 16 Misc. Improvements---2 or more sites $200 17 Vacant— I sate $1.100 18 Vacant—2 or more sites $100 19 Single 'Family Residence - $200 Det. w/ccamrnon area. 20 Vacant—Multiple $100 21 Duplex $200 22 Triplex $209 23 Fo rplex $200 24 Combination $200 25 Apartments(5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments(25-59 units) $600