Loading...
HomeMy WebLinkAboutRESOLUTIONS - 08072001 - 2001-326 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 7, 2001 by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE --------------------------------------------------------------------------- --------------------------------------------------------------------------- SUBJECT: Creating County ) RESOLUTION NO. 2001/326 Service Area P-6 Zone 1507 ) (Gov. C. 25210.8 & (SUB 998353 ) 59000 ff.) in the Walnut Creek 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 1507 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. 3. That Ordinance No. 2001-15 adopted this date is to be presented for approval of the voters of Zone 1507 of County Service Area No. P-6 by a October 9, 2001 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 2001-15 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1507 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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Orig. Dept:Community Development ATTESTED: CC' County Counsel JOHN SW ETEN,C of theBoard of Supervisors and County • y Adminis for Elections—Lois Berry Sheriff-Coroner, Wanda ByV. eputy Auditor-Controller Assessor df RESOLUTION NO. 2001/326 T0:' BOARD OF SUPERVISORS Contra PROM: DENNIS M. BARRY, AICP r Costa COMMUNITY DEVELOPMENT DIRECTORy Count DATE: August 7, 2001 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 1507, SUBDIVISION#SD998353, IN THE WALNUT CREEK AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 1507 in County Service Area P-6. (Resolution No. 2001/326) 2. Adopt the Ordinance establishing a fee for Police Service District for SD998353. (Ordinance 2001-15) 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. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This application was approved by the Zoning Administrator effective December 12,2000 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 6 single family units are allowed. Condition of Approval #17 of Subdivision #998353 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$200.00 per lot. CONTINUED ON ATTACHMENT: X YES SIGNATURE C&�_k�z� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON o/ APPROVED AS RECOMMENDED 9T'HEfi-_ VOTE OF SUPERVISORS I HEREBY CERTIFY THATTHIS IS A TRUE AND CORRECT COPY X UNANIMOUS(ABSENT n,Ur12_ ) OF AN ACTION TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: OF+ Contact:Debi Foley—335-1215 ATTESTED �` Ate TE / cc: Community Development Department(CDD) JOHN SWEEN�K Elections-Lois Berry THE BOARD OF SUPERVISORS Sheriff-Coroner-Wanda AND COU TY ADMINISTRATOR County Clerk-Elections Auditor-Controller Assessor BY ,DEPUTY SD998353.psd df Resolution#2001/326 Subdivision#998353 Order No. 15958 - B Zone#1507 "Exhibit A" ONE" /2(41, rtion of Lot 9, Map of Floraland Tract Subdivision, filed July 19, 1913, Map Book 10, Page Contra Costa County, described as follows: Commencing on the center line of a 50 foot road as designated on said Map at the most Southerly corner of said Lot 9; thence from said point of commencement along the center line of a 40 foot road as designated on said Map North 00' 20' 05" West (North 00" 20' 05" West taken as the bearing for this description) 246.00 feet; thence leaving said center line of said 40 foot road North 89" 39' 55" East, 20.00 feet to the actual point of beginning; thence from said point of beginning North 89" 54' 42" East, 101 .62 feet; thence South 24" 01' 18" East 75.68 feet to the Northern line of the Deed from C. Arnold Jorgenson and Ida'M. Jorgenson to Contra Costa County, Recorded August 11, 1948 in Book 1272, Page 145, of Official Records of Contra Costa County; thence along the Northern line of said Contra Costa County Parcel (1272 OR 145) South 66" 08' 21 " West 2.46 feet to the Eastern corner of the Parcel of Land described in the Quit Claim Deed from Contra Costa County to 1299 Boulevard Way Partners Recorded July 18, 1986, in Book 13004, Page 790, of Official Records of Contra Costa County; thence along the Southern and Western boundary of said 1299 Boulevard Way Partner's Parcel (13004 OR 790) tangent to said Northern line of said Contra Costa County Parcel (1 272 OR 145) along the arc of a curve to the left, the center of which from said point bears South 23" 51' 52" East distant 195.80 feet, through a central angle of 05" 34' 37", an arc distance of 19.06 feet to a point of a compound curve; thence from said point of compound curve along the arc of a curve to the left, the center of which from said point bears South 29" 26' 19" East distant 619.00 feet through a central angle of 09" 20' 02" an arc distance of 100.84 feet to a point of a reverse curve, thence from said point of reverse curve along the arc of a curve to the right, the center of which from said point bears North 38" 46' 21 " West, distant 12.00 feet, through a central angle of 101 " 34' 09" an arc distance of 21 .27 feet to a point of a compound curve; thence from said point of compound curve along the arc of a curve right, the center of which from said point of compound curve bears North 62" 47' 48" East, distant 100.00 feet, through a central angle of 01 " 01' 46", an arc distance of 1 .80 feet to the Northern line of said Contra Costa County Parcel (1272 OR 145) thence leaving said 1 229 Boulevard Way Partners Parcel (1 3004OR 790) South 36" 25' 42" West 25.06 feet; thence North 00" 20' 05" West 149.67 feet to the true point of beginning. Assessor's Parcel No: 185-370-033-2 L' s -.-; � L�(:t C� 2 ggsolution#20ol/326 Su��ivis e#�07 35 } Xh 1 . - 1 c Z AP .•+e. AYE, \, ._....._._. SARAN -n•--ti.ri -.�_._. _...---'Toa i+ Y .m.._...f-_._...�_._. ._-^__._._.�_-__s'7} c3! u..]v ae.In ILto 1tlhi. y MS fT TO 'b WI ,T IIAso os}n tr.ec 't v 7f.77 t3 f,7+ )0`TifT ff.}f t))AfA4 05 7 ]d —-sol w oy FLORA ST. \ �, 0 \\ + F 9 \ p J f+.))^ ^Q 11 (off r1l M y LIN a' m y . .. hlwrrJ V 1! Y .ten r Y� e rn • T es •{�. A x :SCI PALANA COURT. C4 70 m 1 .. 9 gj � w•+ to 26 g ORDINANCE NO. 2001-15 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1507 County Service Area No. P-6 7 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 1507 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 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 are 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 1507 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 2001-15 J 2 . "Fiscal year" means the period of July 1 through the following June 30 . 3 . Contra Costa County Service Area P-6 Zone 1507 (hereinafter called "Zone" ) means that portion of the unincor- porated 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 (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. 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 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B 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, 2002 through June 30, 2003) 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. 2001-15 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. -3- ORDINANCE NO. 2001-15 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 inconsis- tent 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 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 exemptions shall not be applicable because such exemptions are determined 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 . ARTICLE V. SEVERABILITY CLAUSE 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, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI . EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held October 9, 2001 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2002 . -4- ORDINANCE NO. 2001-15 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on August 7 , 2001 by the following vote: AYES : SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: eputy Board air VJW:df df4:vjw\ord\csap6 -5- ORDINANCE NO. 2001-15 --- ordinance on#8353 1-15 SubOv r Zone#1507.. Lbibil �\e w z � a rn SARANAP -':._•_._.-.---•--•- � _•_�'�--ja:7]" 17.71 f—._-_'-•_-'.---70051"--'-'-'-'-'Q _.`•,E•_• rab� a• 500•Ins j � SO.111r( 1S SG'OS'.n, �. sa ISN jorOLn 57a.K 01.70 .]ea `• 10.0!'lY). u.It X41�J•a} �rf 11 e N KS ��. \ 515 MOS �Sr.7a SC•M'n•. � 11.51 X7)11 •\ •� �•:'. �"__ .Q.75 •r.1'a .>aa X575.751�. �_ r z a O a~ n, .e___ ------------____________ »S.n ```\ .5_55_ •.e�. .o �T FLORA ST. \ _ 0 IlAs \ K� t �`-- 79.07 �7.a 1 O \ •b tib �1+ __ bb y �a ' F� .i 'e 7hFa PALANA COURT Y AM=r g Z 7co 7 i C") to 7 � t �mme"t* M �� Ordinance#2001-15 Subdivision#998353 Order No. 15958 - B Zone#1507 ONE" /21,41, rtion of Lot 9, Map of Floraland Tract Subdivision, filed July 19, 1913, Map Book 10, Page Contra Costa County, described as follows: Commencing on the center line of a 50 foot road as designated on said Map at the most Southerly corner of said Lot 9;thence from said point of commencement along the center line of a 40 foot road as designated on said Map North 00" 20' 05" West (North 00" 20' 05" West taken as the bearing for this description) 246.00 feet; thence leaving said center line of said 40 foot road North 89" 39' 55" East, 20.00 feet to the actual point of beginning; thence from said point of beginning North 89" 54' 42" East, 101 .62 feet; thence South 24" 01' 18" East 75.68 feet to the Northern line of the Deed from C. Arnold Jorgenson and Ida'M. . Jorgenson to Contra Costa County, Recorded August 11, 1948 in Book 1272, Page 145, of Official Records of Contra Costa County; thence along the Northern line of said Contra Costa County Parcel (1272 OR 145) South 66" 08' 21 " West 2.46 feet to the Eastern corner of the Parcel of Land described in the Quit Claim Deed from Contra Costa County to 1299 Boulevard Way Partners Recorded July 18, 1986, in Book 13004, Page 790, of Official Records of Contra Costa County; thence along the Southern and Western boundary of said 1299 Boulevard Way Partner's Parcel (13004 OR 790) tangent to said Northern line of said Contra Costa County Parcel (1 272 OR 145) along the arc of a curve to the left, the center of which from said point bears South 23" 51' 52" East distant 195.80 feet, through a central angle of 05" 34' 37", an arc distance of 19.06 feet to a point of a compound curve; thence from said point of compound curve along the arc of a curve to the left, the center of which from said point bears South 29" 26' 19" East distant 619.00 feet through a central angle of 09" 20' 02" an arc distance of 100.84 feet to a point of a reverse curve, thence from said point of reverse curve along the arc of a curve to the right, the center of which from said point bears North 38" 46' 21 " West, distant 12.00 feet, through a central angle of 101 " 34' 09" an arc distance of 21 .27 feet to a point of a compound curve; thence from said point of compound curve along the arc of a curve right, the center of which from said point of compound curve bears North 62" 47' 48" East, distant 100.00 feet, through a central angle of 01 " 01 ' 46", an arc distance of 1 .80 feet to the Northern line of said Contra Costa County Parcel (1272 OR 145) thence leaving said 1 229 Boulevard Way Partners Parcel (13004 OR 790) South 36" 25' 42" West 25.06 feet; thence North 00" 20' 05" West 149.67 feet to the true point of beginning. Assessor's Parcel No: 185-370-033-2 2 EKnBIT-IB C 07 4 rn, CA -0 Via. -4 2z e 5 CO 2 V. �� Ccp 0 'n rn ORDINANCE: NO,& c- 00 0- § m it a g.cl SUBCtgO53 ZONE 0 G E76, 5: co ? to C,--r 1.0 -41 CA o 0. a 'a cn tr m tia • co 16 1 5-6 CA 0 in 0 C;;t a2! ffR C: t a Crz x 0 2! o c-, ca CJ W Co ca ca cp ;n Qn C13 b. CD 0. co In Sa E 0 to 36 % . - r 00 0 C3 JCC A ,m cn -Ma QS C3 ^w cr-n ca a V w E 0 .4 as V *n a 0 Ug 57 5" cr 0< '=9 c 0 5E 7; E 0 a 0 co to W = 0 r 3 10 6" 0 M 0 V 0 0 0 cn fN rn m (M 57 j" cn CL rm C, w r & o cr Cr0C, t .0 — cn 0. W c CL .0 4-0 0 p of 0 0) C-0 N -n 0 CA > c C, 0 > c, M > o .- r C3 C3cis pQ ac ° a FL p-, FL P- CDV? r !! !3 P- o CD o. < 5!0 C > C3 - . m C 0 > SAO I R r > !* a c c >CO 0 -a 1? 15 as al t cn 43 0 - yy moa cn cr IS 0 ts 0 c = C. to cm I" CD 'A 4. 0 CD m0 0 r. :r 5R e. E 0 CD OR Soll 0. cr a n m nolo 57 CL 0. 0 ca 8-3 - 2. m 0 cn �c 5F z S!- m 12 m 0 m cL,3 ic" cx C Om CIO c 3 c, c 3t- CZ a 0 0 a 0 cw ORDINANCE NO. 2001-15 ZONE 1507 FOR FISCAL YEAR JULY 1, 2002, THROUGH JUNE 30, 2003 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 24 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments (25-59 units) $600 28 Apartments (60+ units) $ 800 29 Attached PUDs: $ 200 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 100 31 Commercial Stores - $ 600 Not Supermarkets 32 Small Grocery Stores $ 600 (7-11, etc.) 33 Office Buildings $ 400 34 Medical, Dental $ 400 35 Service Stations, Car Wash $ 400 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 43 Financial Buildings $ 400 (Ins., Title, Banks, S&L) 44 Motels, Hotels & Mobile $ 600 Home Parks 45 Theaters $ 600 46 Drive-In Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 Multiple & Commercial $ 400 49 New Car Agencies $ 400 50 Vacant Land (-not part of $ 100 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 1A-10A $ 200 62 Rural, w/or w/o Structure 1A-10A $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 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 88 Mobile Homes $ 200 89 Other (split parcels in different $ 200 tax code areas) 99 Awaiting Assignment $ 200