Loading...
HomeMy WebLinkAboutMINUTES - 11021999 - SD13 13 TO: BOARD OF SUPERVISORS Contra F:1OM': DENNIS M. BARRY,AICD SOS#B COMMUNITY DEVELOPMENT DIRECTOR County DATE: November 2, 1999 UBJE T: 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 2200,SUBDIVISION#SD978104,DANVILLEITA SAHARA AREA. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 2200 in County Service Area P-5. (Resolution No.99/550) 2. Adopt the Ordinance establishing a fee for Police Service District for SD978104. (Ordinance 99-53) 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 The application was approved by the Board of Supervisors on August 10, 1999 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 13 lots are allowed. Condition of Approval #11 of Subdivision #SD978104 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. ` - ; ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR©COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Y ,v APPROVED AS RECOMMENDED =OTHER V TE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY UNANIMOUS(ABSENT _) OF AN ACTION TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: Contact:Robert Drake--336-1214 ATTESTED oc: Community Development Department(CDD) PHIL BATCHELOR,CLERK O Elections-Roxie Davis THE BOARD OF SUPERVISORS Sheriff-Coroner-Kathy Martin AND COUNTY ADMINISTRATOR County Clerk-Elections Auditor-Controller . .• Assessor BY y yd f -- ,DEPUTY Sd978104 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 2, 1999, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER and CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE SUBJECT: Creating County ) RESOLUTION NO. 991550 Service Area P-6 Zone 2200 ) (Gov. C. 25210.8 & (SUB 97-8104 } 54900 ff.) in the Danville/Tassajara Are ) 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 2200 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. 99-53 adopted this date is to be presented for approval of the voters of Zone 2200 of County Service Area No. P-6 by a January,4, 2000 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 99-53 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 2200 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 ft a ftm gad corrW copy of an aGtl*iv MOn 41n o OftblOW 00 tori Minutes of the Orig. Dept:Community Development Board of Su txr+ shown. cc: County Counsel ATTESTED: Elections - Roxie Davis PHIL BATS,Clwk of Ow Board Sheriff-Coroner, Kathy Martin Of &dC unWAamimnrrauw Auditor-Controller Assessor w Deput" df RESOLUTION NO. 99/550 Resolution #99/550 Subdivision #978104 Zone#2200 "Exhibit-A" EXHIBIT "A" LEGAL DESCRIPTION ANNEXATION TO POLICE SERVICE DISTRICT SUBDIVISION 8104 All that Real Property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: Being all of Parcel "B", as said Parcel is shown and so designated on that certain Parcel Map filed May 31, 1978 for Minor Subdivision 166-77 recorded in 'Book 66, Parcel Maps, at Page 22, Contra Costa County records, described as follows:' Beginning at the most northeasterly comer of said Parcel "B" (66M22), said point being the Point of Beginning, thence southerly along the easterly line of said Parcel "B", South 00°50'56" West, 113.691 meters to a point on the southerly line of said Parcel "B"; thence westerly along said southerly line, North 89'09'04" West, 188.162 meters to a point on the westerly line of said Parcel "B"; thence northerly along said westerly line, North 00`52'11" East, 113.691 meters to a point on the northerly line of said Parcel "B"; thence easterly along said northerly line, South 8!`09'04" East 188.131 meters to the Point of Beginning. Containing 21,390.564 Square Meters, or 2.139 Hectors (Being Assessor's Parcel Number 220080-022) 5.004 Acres LE w 3 6$ RES 3- .00 CIVIL OF C k����� #tor►#�9155� ���'`�"'�'' S : 1 000 gesol� #97810 Subdt` y'on vo19r' tom► vt p + •f '� /� uJ 1p 011 moo gfliC ORDINANCE NO. 99-53 (An ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 2200 County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTTME T. 2 0S 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 2200 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. ARTT ,F T1. nEETNTTTONS. 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 '2200 of County Service. Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 99-53 2 . "Fiscal year" means the period of July 1 through the following June 30. 3 . Contra Costa County Service Area P-6 Zone 2200 (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 TT T. AMOUNT AND IMMET, QE T'AXP 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. or First Fin _a1y ar, The tax per year for the first fiscal year (July 1, 2001 through June 30, 2002) 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. 99-53 B. Feer 9uhAAquAnt F'iRcal V are; 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 Precp-ding Fig _al v ar) (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 establishedfor 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 TV. CC}T,LWITTON AND Ant TNTgTRA'TTCSIv'. 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. 99-53 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. AjRTTCME V_ SEVERABTT.TTY 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. ARTTCLP VT. F',FF . _TTVF 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 .'ran m ry _4' 200Q so that taxes shall first be collected hereunder for the tax year beginning July 1, 2nai . -4- ORDINANCE NO. 99-53 PASSED AND ALO MED at a regular muting of the Board of Supervisors, County of Contra Costa, State of California, on November 2, 1999 ?:y the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER and CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the B--; rd of Supervisors and Cour-.,Y Ad 1 istrator eputy f/✓.S ,A, a ' Chair VJW:df df4:vjw\ord\csap6 ORDINANCE NO. 99-53