HomeMy WebLinkAboutMINUTES - 12151998 - D4 .............................................................................................................................................
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Contra
Costa
TO BOARD OF SUPERVISORS County
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR
DATE: December 15, 1998
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE
AREA P-6, RELATED ORDINANCE ADOPTIONS AND FIXING OF ELECTIONS THEREOF
AND FORMATION OF THE FOLLOWING ZONE: ZONE 1803, SUBDIVISION 80.129
(Sherman Ranch)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMEED,&TIONS,
1 . Adopt the Resolution authorizing a new election for Zone 1803
in County Service Area P-6 . (Resolution No. 98/614)
2 . Adopt the Ordinance establishing a fee for Police Service
District for Subdivision 8029 . (Ordinance 98-47) .
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 1340 and
shall be held on the earliest date permitted by law.
FISCAL IMPACT
None.
BACKGR=ZREASONS FOR RECOMMENDATIONS
On March 19, 1997, the Board of Supervisors approved the Sherman
Ranch development project, a planned unit development
rezoning/tentative map project for 15 single family residential
units at #225 Livorna Road in the Alamo area. The project is also
located adjacent to three other residential projects : Stonegate,
Anderson Ranch, and Stonebridge Creek Estates .
As a requirement for qualifying for approval of ' a final map,
Condition #22 requires the property owners to participate in the
provision of funding to maintain and augment police services by
voting to approve a special tax for the lots created by this
subdivision approval .
On November 11, 1998, the applicant filed a request to form a
Police Service District zone for the property covered by
Subdivision 8029 . The applicant intends to pursue development of
the subdivision in two phases, however the proposed Police services
district will cover the entire subdivision. 4 .�
CONTINUED ON ATTACHME YES SIGNATURECr�_
ACTION OF BOARD ON APPROVED AS RECOMMENDED XFit
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT &g" TRUE AND CORRECT COPY OF AN
AYES : NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OFT BOARD OF
SUPERVISOR THE DATE SHOWN.
Contact: Bob Drake [ (925) 335-1214]
Orig: Community Development Department ATTESTED
CC: Elections - Roxie Davis PHIL BATCHELOR, CLERK 6F
Sheriff-Coroner, THE �OARD OF SUPERVISORS
Victoria Hillis AND OUNTY M NISTRATOR
County Clerk-Elections
Auditor-Controller BY DEPUTY
Assessor
Northbrook Homes LLC, c/o CDD
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 15 1998 , by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
-_--_ SUBJECT: Creating County ) RESOLUTION NO. 98/614
Service Area P-6 Zone 1803 ) (Gov. C. 25210.8&
(SUB 8029, Sherman Ranch) ) 54900 ff.)
in the Alamo Area and )
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 1803 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. 98-47 adopted this date is to be presented for approval of the voters of
Zone 1803 of County Service Area No. P-6 by a January 26, 1999 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 98-47 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 1803 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.
nerctry,.ertity ftt Thr<m a true cso,:;orroct copy of
an action taken cntorod,o€;ft;minutes minutes of the
Board of Su on thavdate Oowii.
Orig. Dept:Community Development Air p NA cHELOR,clerk of Me Board
cc: County Counsel of perviscrs s County Administrator
Sheriff-Coroner, Victoria Hillis
Elections - Roxie Davis By owuty
Auditor-Controller
Assessor
Northbrook Homes LLC c/o CDD
RESOLUTION NO. 98/614
ORDINANCE NO. 98-47
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
1803 of County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARJIC E I. PIMPOSE AM 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 1803 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 parol 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 1803 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 98-47
2 . "Fiscal year" means the period of July' 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 1803 (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 (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 taxi 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 . AM-Q= AND LEVEL 0F 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 Fiacal Year:
The tax per year for the first fiscal year (July 1, 1999
through June 30, 2000) 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. 98-47
B. For SUbseauent Fiscal Year$ :
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 2raceding 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 IST. COLLECTION .BIM ADMINISTRUI .
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. 98-47
PASSED AND ADOP,TEL at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
by the following vote:
AYES : SUPERVISORS III A, GERBER, DESAUINIER, CANCIAMILLA and ROGERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County ;AddLm'nistrator
By:
uty Board Chai
VJW:df
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ORDINANCE NO. 98-47
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 fax, 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. SEMEBBITom. 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 January 26, 1999 so that takes shall first
be collected hereunder for the tax year beginning July 1, 1999 .
-4-
ORDINANCE NO. 98-47
w EXHIBIT A
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____ ' '_____ _ _! �' •� { a Ordinance No. 98-47
---------------- Subdivision 8029
Zone 18`03
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2t 20
Ordinance No. 98-47
Subdivision 8029
EXHIBIT A Zone 1.803
Annexation to the Police Services District',
Subdivision 8029
All that certain real property situate in Contra Costa County. State of
California, described as follows:
Being all of Parcel 'A' of Minor Subdivision MS 40-80 as shown on the map
recorded in Book 98 of Parcel Maps at Page 42, and a portion of Parcel 'A'
of Subdivision 7633 recorded in Book 381 of Maps at Page 36, Contra
Costa County Records, f irther described as follows:
Beginning at the northwest corner of said Parcel 'A' as shown on the map
recorded in Book 98 of Parcel Maps at Page,42: thence leaving said Point
of Beginning along the exterior boundary of said Parcel' 'A' (98 PM 42)
South, 0°02'26" 'West, 600.731 meters to the southwesterly corner of said
Parcel 'A' (98 PM 42) said comer also being the section corner of Sections
5, 6, 7 and 8 as shown on said map: thence continuing along said exterior
boundary North 88028'32" East, 193.943 meters: thenceNorth 3°49'04"
East, 495.784 meters; thence leaving said exterior boundary of Parcel 'A'
(98 PM 42), South 86045'21" East, 4.261 meters: thence' North 8°37'12"
East, 46.025 meters to a point on the southwesterly boundary of
Subdivision 6743 recorded in Book 313 of Maps at Page 28: thence along
last said southerly line, North 76149'30" 'West, 244.042 ' meters to said
Point of Beginning.
Containing 121,695.62 square meters.
Ordinance No. 98-47
Subdivision 8029
EXHIBIT A Zone 1.803
MAP CHECK
------------------------------------------------------------------------
FROM SEARING DISTANCE TO NORTHING FASTING
------------------------------------------------------------------------
1 5,000.000 5,000.000
I SW 0 02 26 600.731 2 4,399.269 4,999.575
2 NE 86 28 32 193.943 3 4,404.429 5,193.449
3 NE 3 49 04 455.784 4 4 ,859. 112 5,226.480
4 SE 86 45 21 4.261 5 4 ,898.871 5,230.714
5 NE 8 37 12 46.025 6 4 ,944.376 5,237.613
6 NW 76 49 30 244.042 7 5,000.000 4,995.994
1 5,000.000 5,000.000
NE 89 51 13 0.006 CLOSING LINE
1 ,584.786 DIST TRAY
271 ,341 .804 PRECISION
-----------------------------------
AREA 121695.62 SE 2.7537 ACRES
-----------------------------------
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ORDINANCE NO: 9,8-47 Sup 8029 ' ZONE J3
FOR FISCAL YEAR JULY 1,- 1'999 THROUGH JUNE'30; 2000
EXHIBIT C
PROPERTY USE ANNUALTAX
E1P +LATEt�"ORY XPLANATtON BER PARCEL
1 Single Family Residence - $ 200
1 res., 1 site
12 Single Family Residence - $ 200
1 res.,2 or more sites
13 Single Family Residence - $ 200
2 res. on 1 or more sites
14 Single Family Residence- $ 200
other than single fam. land
is Misc. Improvements- 1 site $ 200
16 Misc. Improvements- $200
2 or more sites
17 Vacant- 1 site $ 100
15 Vacant-2 or more sites $ 100
10 Single Family Residence - $200
Dot w/common area
+ 20 Vacant- Multiple $ 100
21 • 'Duplex $ 200
22 Triplex
200
23 Fourplex
$ 200
G Combinations $ 200
25 Apartments (5-12 units)
$ 400
26 Apartments (13- 24 units)
-$ 400
27 Apartments (25- 59 units)
$ 500
28 Apartments (60+units) $ 800
29 Attached PUDs: $ 200
Cluster Homs. Condos, etc.
s0 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.) s
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
--2-
"PPIF
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
S`
53 Ught Industrial
$ 400
54 Heavy industrial $ 400
55 Mini 'Warehouses (public Storage) $ 600
56 Misc. Improvements $ 400
fit Rural, Res. improvement 1A-10A $ 200
62 mural,calor w/o Structure to-10A $ 200
70 Convalescent Hospitals/ f $ 400
Rest Homes
73 Hospitals $ 400
74 Cemtedes/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 tither(split parcels in different
• tax code areas) $ 200
99 Awaiting Assignment
$ 200 _