The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09141999 - SD22 Contra TO: BOARD OF SUPERVISORS County ` Costa Fl; DENNISM. BAY, Alli COMMUNITY DEVELOPMENT DIRECTOR DATE: September 14, 1999 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA -68 RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING ZONE: ZONE 1612, SUBDIVISION SD 68236, ALAMO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) BACKGROUND AND JUSTIFICATION 1. Adopt the Resolution authorizing an election for Zone 1612 in County Service Area P-6. (Resolution No. 99/435) 2. Adopt the Ordinance establishing a fee to Police Service District for SD823 . (Ordinance 9-42) 3. Direct the County Clary to conduct the election required by Government Code Section 5397. This election shall be conducted by mail ballot pursuant to Code Section 4400 and shall be held on the earliest date permitted by law. FISCAL IMPA_QT None CONTINUED ON ATTACHMENT- YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S ACTION OF BOARDON _ APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS I5 A TRUE UNANIMOUS (ABSENT 4,y Z,- ) AND CORRECT COPY OF AN ACTION TAKEN AYES. NOES AND ENTERED ON THE MINUTES OF THE ABSENT- ABSTAIN, BOARD OF SUPERVISORS ON TGIF DATE SHOWN. Contact; Debbie Chamberlain 335-1213 ATTESTED cc: Community Developrner t Department (CDD) PHIL 64DECOR¢ CLERK OF ect€oris-Rcxie Davis THE BOARD OF SUPERVISORS Sheriff-Coroner-Kathy Martin AND COUNTY ADMINISTRATOR County Clerk-Elections h" Auditor-Controller Assessor BY , rr DFFl3T sd988239.psd 7 df Police Services District-SD988239 e dernbar 14, 1999 Page 2 The application was approved by the County Zoning Administrator on July 12. 1999 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of five lots are allowed, Condition of Approval #23 of Subdivision #938239 requires the applicant to agree to vote on whether the development should be placed in a Monty Service Area" to augment ponce services based upon the residential use of the site. The initial assessment is $225.00 per cote THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 14, 1999, by the following vote: AY Ss SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMIALLA NOES: NONE ASSENT' N 0 N E ABSTAIN: NON E SUBJECT: Creating County RESOLUTION O. 99W435 Service Area P-6 Zone 1612 0 (Gov. C. 25210.8 & (SUB 98-8239 54900 ff.' in the Alamo 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: 3. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zone 1612 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 Clark 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 plot indicating the boundaries of said zone. 3. That Ordinance No. 99-42 adopted this date is to be presented for approval of the voters of Zone 2800 of County Service Area No. P-6 by a November 16, 1999 mail ballct election according to the following ballot proposition: "Shall Ordinance No. 99-42 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1612 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 0e-k (Elections Clerk) is directed to take 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. 7 hereby certify that this is atnue and correct copy of an action taken and entered on the minutes of the Orifi. Dept.Community Development Board of Supervism on the date shown. CC., County Counsel 1 I ATIFESTED�,,—� Elections - Roxie Davis Phi"Batcheldrrk of the Board .C Sheriff-Coroner, Kathy Martin of Supriso-, X , s and County Administrator auditor-Co:-stroller ' Assessor Deputy By df RESOLUTION NO. 991435 Resolution #99/435 Subdivision #988239 Zone#1612 August 20, 199 ash. °bit Job No. 98201 LEGAL O The land referred to herein is situated in the State of California. County of Conte Costa, In an unincorporated area. and is described as follows: portion of Rancho San Ramon, described as follows: Beginning at the intersection of the east line of the 21.42 acre parcel of land described in the deed to Darrell b Edwards, et ux, recorded in Book 1320, of Officio Records, Page 286 with the north line of the parcel of land described in the deed to Martha ou in, recorded in Book 295, Official Records, Page 351; thence along the east line of said Daum parcel (1320 O 286) Nom 20.518 meters, thence leaving said east line South 78" West, 236.964 meters to a " x 2" stake and tack; thence South 121109` East, 154.691 meters to the north line of said Mougin parcel (295 OR 351), thence along said nom line Nom "15° East, -345 meters to the Point of Beginning. F. Na 101 � OF C Resolution 99/435 > € bdi vision #988239 Zone #1612 7 , P 1.7 " sIo,a c APN , € � `4 f 7-hw �; r ly a L) Z.)c-tae ut, acs e ' �} {� d Ta'T•>� �Qy' �b a E SIT oma � �ICWIT,,ys EXHIBIT SB?lDeBolt Civil Engineering LEGAL DESCRIPTION t C PLAT TO ACCOMPANY 811 Sar. Pamon Valley Swleywd Danville: California 9454 925 / W-3780 ORDINANCE NO. 99-42 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1612 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follow d 4 It is the purpose and intent of this Ordinance to authorize the levy of a tax an parcels of real property on the secured property tax roll of Contra Costa county that are wJAL--hin Zone J&_U of Contra Costa County Service Area No. P-6 in order to augment fund 4 ng 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 w'�h leg-slation authorIzing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XII'l of the California Constitution as relat-e to ad valorem property taxes are intended to apply to the collection and ad-.,ninis� ration of t1his *,%-lax (Article 1V of this Ordinance) , as a-ut'.h.ori , 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 benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. The following definition small apply throughout- this Ordinance: 1. "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 If.0 of County Service Area P-6 nor any land or improvements owned by any governmental entity. ORDINANCE NO. 99-42 2. s9F-Iscal year" means the period of July I through the following June 30. 3. Contra Costa County Service Area p® Zone I_C2-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 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. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPT -U) for the San Francisco-Oakland-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 government index or conputation 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 mean an actual dollar amount which, in years subsemient to the first fiscal. year the tax is levied, shall have "C-he same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price index. The base anount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be nide 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. ir: The tax per year for the fir st 'fiscal year (July 1, through June 30, 2,Q-Q,',) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO. 99-42 In order to keel -the tax on each parcel in constant first year dollars tars 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 he Consumer Price Index beyond the fire fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Coag. 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 bre Exhibit C, the tax per year bre each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: •a x Per Parcel Tax Per Parcel. (Consumer Price Index For then Current For First X for April of Immediately Fiscal year Fiscal Year (Consumer Price Index for First Fiscal °ear of Levy) Provided, however, that in n® event shall the tax per parcel for any faecal year be less than the amount established for the first fiscal year. 2. The taxes levied can each parcel pursuant to this Article hall be a charge upon the parcel and shall be due and collectible as set forge In Article IBJ, 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 hick such takes are levied. AR11-CLY, m i In Taxes as Liens Against the Property. The amount sof taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and axati.on Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE - ORDI A CE NO. 9-42 2 . Collection. The taxes on each parcel .all be billed on the secured roll tax bills for ad valoren property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsis- tent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valoren.. 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, refunds, late payments, penalties, liens, and collections 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., 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exenptions shall not be applicable because such exemptions are determlined 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. ARMIQ LILYL.- 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 vat id_44;.-.Y of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remind of this Ordinance, including each article, section, 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 its confirmation by two-thirds of the voters voting within the Zone in an election to be JL_J,231 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2�M. -4- ORDINANCE O. 99-42 at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on September '14, 1999 by the following vote: AYES: SUPERVISORS G101A, ULXEMA, GERBER, DESAULNIER ardCANC,1AMILLA NOES: NONE ABSENT: NONE ABSTAIN: N 0 N E ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Adninistrator 4/1 P' By: 0 hair PU y 0 VJW*.df d-f4-,vjw\ord\csap6 -5- ORDINANCE NO. 99-42 Ordinance#99-42 Subdivision #988239 Zone#1612 xss August 20, 1999 Job No. 98201 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Contra Costa, in an unincorporated area, and is described as follows- A portion of Rancho Sam Ramon, described as follows: Beginning at the, intersection of the east line of the 21.42 acre parcel of land described in the deed to Darrell B. Edwards, et ux, recorded in Book 1320, of Official cords, Page 286 with the nom lime of the parcel of land described in the deed to Martha Mougin, recorded in Book. 295, Official Records, Page 351: thence along the east Une of said Dauer parcel (1320 O 286) Nom 20.518 meters; thence leaving said east line South 7811 West, 236.964 meters to a " x 2" stake and tack; the e South 12009' East, 154,691 meters to the nom line of said Mougin parcel (295 OR 351); thence along said north line Nom 48115' East, 268.345 meters to the Point of Beginning. ,A i � � X41 No. Ordinance 99-42 Subdivision #988239 Zone#1612 9` it �� 1 , i'A, a AVS s RPN 192— 2.i�'0OLJ5 iL w €5 SIT do it { • r�t� aarxbwe8 wws e j "`pfd � I d" �t EXHIBIT at DatePLAT TO ACCOMPANY . Bolt Civil Engineering Sell LEGAL Q ani ala; calif'ornia 945 ;.fC> 9 d 837®3760 .: �O ao to ez FK O Ov §§ " I cm S- g ra t T Vt P,XZ ^< CL CLp g ' lot cr AA 15, �. -�� ss E if eo ate_. i # cn ; ea �. C— sxro CL C OIRDINANCE NO. 9 9-4 2 ZONE 1 612 FOR FISCAL YEAR JULY 1, 2000, THROUGH JUNE 30. 2001 EXHIBIT PROPERTY USE A.N UAL TAX CODE-CATEGORY RY E 3<.,ANATION PERPARCEL 1 Single Family Residence- 1 residence, 1 site $2136 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 Family residence- $200 other than single family lard 15 Misc. Improvements- 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 Family Residence - $206 Det. w/crsrr mon.area 20 Vacant-Multiple $10 21 Duplex $200 22 Triplex $2013 23 Fourplex $200 24 Combination $200 25 Apartments (5-12 wits) $400 26 Apartments (13-24 nits) $400 227 Apartments (25-59 units) $600