HomeMy WebLinkAboutMINUTES - 09262006 - SD.5 SD. ��-
TO: BOARD OF SUPERVISORS
- Contra
FROM: DENNIS M. BARRY, AICP °w- = " 'r Costa
COMMUNITY DEVELOPMENT DIRECTOR � County
DATE: September 26, 2006
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 ZONE 1006 FOR SUBDIVISION
#SD038784 IN THE MARTINEZ AREA (SUPERVISORIAL DISTRICT II)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Adopt the Resolution authorizing an election for Zone 1006 in County Service Area
P-6. (Resolution No. 2006/496)
2. Adopt the Ordinance establishing a fee for Police Service District for SD038784.
(Ordinance 2006-42)
CONTINUED ON ATTACHMENT: X YES SIGNATURE
L_—RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r
SIGNATURES
ACTION OF Br ON APPROVED AS RECOMMENDED O HER
i
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
�/ UNANIMOUS(ABSENTlk*W) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
i
Contact: Debi Foley-335-1215 ATTESTED oZbr �a(O
JOHN CULLE�CLERK OF THE BOARD OF
cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR
Elections-Rosa Mena
Sheriff Coroner-Connie Ames
Auditor-Controller BY , DEPUTY
Assessor
Janin Associates, Inc.
SD038784.psd/df
i
September 26, 2006
i
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 4000 and shall be held on the earliest date permitted by law. (November
28, 2006)
BACKGROUND
This application was approved by the County Zoning Administrator on February 28, 2006, with the
requirement to establish a Police Service;District prior to recordation of the final map. A maximum of
27-single-family residential lots are allowed.
Condition of Approval #23 of Subdivision #038784 requires the applicant to agree to place the
development in a "County Service Area" to augment police.services based upon the use of the site.
The initial assessment is $200.00 per lot'
i
i
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 26, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
— ----- --- —
SUBJECT: Creating County ) RESOLUTION NO. 2006/496
Service Area P,-6 Zone 1006 ) (Gov. C. 25210.8 &
(SUB 038784) ) 59000 ff.)
in the Martinez 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 portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A" is
established as Zone 1006 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 54900-54902. The filing shall include a map or plot
indicating the boundaries of said zone.
;
;
;
;
I
3. That Ordinance No. 2006-42 adopted this date is to be presented for approval of the voters of
Zone 1006 of County Service Area No. P-6 by a November 28, 2006 mail ballot election
according to the following ballot proposition:
;
"Shall Ordinance No. 2006-42 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 1006 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 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.
Or Dept:Community Development
cc: County Counsel
Elections—Rosa Mena
Sheriff-Coroner, Connie Amds
Auditor-Controller
Assessor
df
i
;
I
RESOLUTION NO. 2006/496
;
Resolution #2006/496
Subdivision #038784
Zone #1006
"Exhibit "A"
BLUM VIEW ESTATES
SUBDIVISION 8784
LEGAL DESCRIPTION
The land referred to herein below'is situated in an unincorporated area, County of Contra
Costa, State of California and is described as follows:
A portion of the Rancho Las Juntas, more particularly described as follows:
Beginning on the West line of Blum Road, at the South line of Blum Drive, as shown on
Subdivision 8784, of Maps , Page , recorded , 2006; thence
North 74°30'20" West, along said South line of Blum Drive, 695.94 feet; thence leaving
said South line of Blum Drive, South 00°29'30" West, 92.10 feet; thence North
23°07'20" West, 27.93 feet; thence North 41°12'04" West, 50 feet; thence North
68°10'52"West, 185.15 feet; thence North 41°12'04" West, 104.14 feet; thence North
22°23'04" West, 324.63 feet, along the Easterly boundary line of the Contra Costa Water
District Canal right-of-way; thence North 83058'03" West, 10.60 feet; thence North
29°35'04" West, 147.59 feet; thence North 59045'04". West, 106.99 feet; thence North
22°14'04" West, 32.70 feet; thence North 00°02'56" East, 148.59 feet; thence North
21020'l 8" West, 80.34 feet; thence leaving said Easterly boundary line of the Contra
Costa Water District Canal right-of-way,North 38°55'56"East, 306.19 feet; thence South
18°05'53" East, 356.43 feet; thence South 74°16'02" East, 315.90 feet; thence South
01'52'44" East, 69.85 feet; thence South 01035'21" East, 343.57 feet; thence South
81°08'56" East, 398.92 feet; thence South 02°19'28" West, 100.19 feet; thence South
81°08'56" East, 80.17 feet; thence South 02°19'28" West, 20.28 feet; thence South
81008'56" East, 113.73 feet; thence South 00001116" East, 86.55 feet; thence North
89058'44" East, 96.79 feet, to the West line of Blum Road; thence along said line South
00001'16"East, 143.90 feet to the Point of Beginning.
The above description shall describe the Boundary of Subdivision 8784, in Book
of Parcel Maps, Page, , recorded , 2006.
Above description contains 11.7, acres,more or less.
Resolution 42006/496
Subdivision #038784
Zone#1006
I
"Exhibit "B"
I
I \
I
' I
N74'16VM 36.90
h L i
va�wPARCEL 3
3270
I
I
N83^save
IQ60
I Sol?
PARCEL 2 PARCEL I
CONTACTS- ` N68^,oma-W M4'30Z(TW 69594
OWNFR/DEVELOPER JANIN ASSOCIATES
ATTN:ANDY MORSE NVIV
50.00•
957 STOW LANE N23*0777W
LAFAYETTE,CA 94549 27.93•
(925)7654878
PARCH.I-APN 159-196024(031 AC)
n PARCEL 2-APN 159196031(31 AC)
"' PARCEL 3-APN 159-236004(8.1 AC)
' I
o �
I
I
1
250 0 125 250 1 500
ti
IN FEET )
I INCH = 250 FT.
13�
PERMCO DOE
I TT�2 �
acaKID fff DATE SUBMUION 8764
BNCINBMRINC g UMAGEN MP BLUM VIEW ESTATES
V yam m DATE
1005 OAK STFWT C7ATMN.CAUPOMM 94517 wora WA%MR DATE
Te: (OW)M-4590 rue (625)=-2959
A4R0GD nr Na HpT suuc SHEET 0i suRl 50Cr cmmm Ne. PMEO PRU=No. nGUIc No. RM9011
r=zr=2501wrxmoos000z
I
i
,
ORDINANCE NO. 2006-42
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone 1006 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I. PURPOSE AND INTENT. 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 Costa County that are
within Zone 1006 of Contra Costa County, Service Area No. P-6 in order to augment ftmding 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 tax 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 ares intended to apply to the collection and administration of this tax
(Article IV of this Ordinance), as 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 benefits of
police protection personnel, and for such�other police protection service expenses as are deemed necessary.
ARTICLE II. DEFINITIONS. 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 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 1006 of
County Service Area P-6 nor any land or improvements owned by any governmental entity.
2. "Fiscal year" means the period of July I through the following June 30.
3. Contra Costa County Service Area P-6 Zone 1006 (hereinafter 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 C and incorporated herein.
,
5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-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 computation 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.
i
Ordinance 2006-42
1
i
i
i
6. "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 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 1 A herein. The adjustment from actual to constant dollars shall be made by use of
the Consumer Price Index, as specified in Section III 1 B herein.
ARTICLE III. AMOUNT AND LEVEL OF TAXES
1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel,
as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year(July 1, 2007 through June 30, 2008) shall be the Amount of
Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein.
B. For Subsequent Fiscal.Years:
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 first 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 Preceding 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 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 forth 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.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
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 effect as an ad valorem real
property tax lien until fully paid.
Ordinance 2006-42
2
• I
I
I
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 of Contra Costa. Insofar as feasible and insofar as not inconsistent 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 inconsistent with this Ordinance, the times
and procedure regarding exemptions, due,dates, installment payments, corrections, cancellations, 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
exemptions shall not be applicable because such exemptions are determined by dollar amount of value.
3. Costs of Administration by County.
I
The reasonable costs incurred by the County officers collecting and administering this tax shall be
deducted from the collected taxes.
ARTICLE V. SEVERABILITY CLAUSE
I
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 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, irrespective of the invalidity of any other article,
section, subsection, sentence, phrase or.clause.
ARTICLE VI. EFFECTIVE DATE.
I
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters
voting within the Zone 1006 in an election to be held November 28, 2006 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 2007.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra
Costa, State of California, on September 26, 2006 by the following vote:
AYES:SUPERVISORS LtL1KWd ,
I
NOES: YUh-�-
ABSENT: VIAh:¢,
I
ABSTAIN: y�Q�
ATTEST: JOHN CULLEN, County Administrator and
Clerk of the Board of Supervisors
r
I
i
By:
Deputy B d Chair'
I
Ordinance 2006-42
3
Ordinance#2006-42
Subdivision #038784
Zone #1006
"Exhibit "A"
BLUM VIEW ESTATES
SUBDIVISION 8784
LEGAL DESCRIPTION
The land referred to herein below'is situated in an unincorporated area, County of Contra
Costa, State of California and is described as follows:
A portion of the Rancho Las Juntas, more particularly described as follows:
Beginning on the West line of Blum Road, at the South line of Blum Drive, as shown on
Subdivision 8784, of Maps , Page , recorded , 2006; thence
North 74°30'20" West, along said South line of Blum Drive, 695.94 feet; thence leaving
said South line of Blum Drive, South 00°29'30" West, 92.10 feet; thence North
23°07'20" West, 27.93 feet; thence North 41°12'04" West, 50 feet; thence North
68°10'52" West, 185.15 feet; thence North 41°12'04" West, 104.14 feet; thence North
22°23'04" West, 324.63 feet, along the Easterly boundary line of the Contra Costa Water
District Canal right-of-way; thence North 83°58'03" West, 10.60 feet; thence North
29°35'04" West, 147.59 feet;thence North 59°45'04" West, 106.99 feet; thence North
22°14'04" West,.32.70 feet; thence North 00°02'56" East, 148.59 feet; thence North
21'20'18" West, 80.34 feet; thence leaving said Easterly boundary line of the Contra
t
Costa Water District Canal right-,of-way,North 38°55'56"East, 306.19 feet;thence South
18°05'53" East, 356.43 feet; thence South 74°16'02" East, 315.90 feet; thence South
01052'44" East, 69.85 feet; thence South 01°35'21" East, 343.57 feet; thence South
81°08'56" East, 398.92 feet; thence South 02°19'28" West, 100.19 feet; thence South
81°08'56" East, 80.17 feet; thence South 02°19'28" West, 20.28 feet; thence South
81°O8'S6" East, 113.73 feet; thence South 00'01'16" East, 86.55 feet; thence North
89058144" East, 96.79 feet, to the West line of Blum Road; thence along said line South
00001'16"East, 143.90 feet to the Point of Beginning.
The above description shall describe the Boundary of Subdivision 8784, in Book
of Parcel Maps,Page, ,recorded , 2006.
Above description contains 11.71 acres, more or less.
Ordinance#2006-42
Subdivision #038784
Zone #1006
"Exhibit "B"
I
I \
I
- I
N74.16U2w 31W \ -�-
ti Z i
In
R
P
t.2�14�ww�ACII.3
327(1' � \ \
I
1 1 � •
Nlb(f
n� PARCEL 2
PARCEL I 1
CONTACTSI I(Y52•W N74.30UM 695.94'
OWNER/DEVELOPER.- JANIN ASSOCIATES
ATTN ANDY MORSE N41.1704'W
50.W
957 STOW LANE N23°071"
LAFAYEFTF CA 94549 27.93'
(925)765.4818
PARCEL I-APN 159-190-024(031 AC)
n PARCEL 2-APN 159-190-031(31 AC)
PARCEL 3-APN 159-230-004(8.1 AC)
,
v
,
I
9
250 0 125 250 , 500
IN FEET )
I INCH = 250 FT.
iTIR 724x06
P E RM C 0 � DATE SUBDIMON 8764
��� DATE
BNCINEMNC g MMACBIISNT BLUM VIEW ESTATES
V 7— APPROWm m DUE
!0 1005 OAK MW CLAYTON. CAIJP'ORNIA 94517 PMW WA%WR WE
�i
M- (Y26)g72-4600 MX- (026)072-2869
MROC�O irE No. PILE SME SM[[f OF SGML OOCLAO f Cf MMM No. PpS"PR0jW ma. ram NO. A[Y6ON
f=250 Mw5m
i
i
i
ORDINANCE NO. 2006-42 ZONE 1006
FOR FISCAL YEAR JULY 1, 2007, THROUGH JUNE 30, 2008
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence-
1 residence, 1 site $200
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 land
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 - $200
Det. w/common area
20 Vacant—Multiple $100
21 Duplex $200
22 Triplex $200
23 Fourplex $200
i
24 Combination $200
25 Apartments (5,-12 units) $400
26 Apartments (113-24 units) $400
27 Apartments (25-59 units) $600
i
i
i
i
28 Apartments (60+ units) $800
i
29 Attached PUDs:; $200
Cluster Homes, Condos, Etc.
30 Vacant—Commercial $100
i
31 Commercial Stores— $600
Not Supermarkets
32 Small Grocery Stores $600
(7-11, etc.) i
33 Office Buildings $400
34 Medical, Dentai $400
35 Service Stations, Car Wash $400
i
36 Garages $400
37 Community Facilities $800
(recreational, etc.)
38 Golf Courses $400
39 Bowling Alleys $400
40 Boat Harbors $400
41 Supermarkets $600
(not shopping centers)
42 Shopping Centers $800
i
43 Financial Buildings $400
(Ins., Title, Banks, S&L)
44 Motels, Hotels&Mobile Home Parks $600
45 Theaters i $600
46 Drive-In Theaiers $400
i
47 Restaurants (not drive-in) $400
48 Multiple & Commercial $400
i
i
i
i
i
i
49 New Car Agencies $400
50 Vacant Land $100
(not part of Ind. Park or P. & D.)
51 Industrial Park $800
52 Research &Development $400
53 Light Industrial $400
54 Heavy Industrial $400
55 Mini Warehouses (public storage) $600
56 Misc. Improvements $400
61 Rural, Res. Improvement IA-10A $200
62 Rural, W/or w/o Structure IA-IOA $200
70 Convalescent Hospitals/Rest Homes $400
73 Hospitals $400
74 Cemeteries/Mortuaries $400
75 Fraternal & Service Organizations $400
76 Retirement Housing Complex $600
78 Parks & Playgrounds $800
85 Public &Private Parking $400
87 Common Area $400
i
88 Mobile Homes $200
89 Other(split parcels in different tax code areas) $200
99 Awaiting Assignment $200
i
i