HomeMy WebLinkAboutMINUTES - 12162003 - SD7 YO:, BOARD OF SUPERVISORS
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FROM: DENNIS M. BARRY,AICD � y Costa
COMMUNITY DEVELOPMENT[DIRECTOR "� County
BATE: December 16, 2003 SIX7
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 1201, SUBDIVISION #SD998379 IN THE CONCORD AREA.
SUPERVISORIAL DISTRICT I
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION-
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 1201 in County Service Area P-6.
(Resolution No. 20303/684)
2. Adopt the Ordinance establishing a fee for Police Service District for SD998379.
(Ordinance 2403-35)
3. Direct the County Clerk to conduct the election required by Government Cote 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. (February 17,2004)
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the Zoning Administrator on March 25,2002,with the requirement to establish'a
Police Service District prior to recordation of the final map. A maximum of 7 residential lots are allowed.
Condition of Approval#9 of Subdivision#958379 requires the applicant to agree to place the development 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.
-.--i
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION Of BOARD COMMITTEE
APPROVE OTHER
SIGNATURES :
IQ
ACTION OF BOARD ON ':' APPROVED AS RECOMMENDED OTHER
yVOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
/'�UNANIMOUS{ABSENT ,v 7 OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE MATE SHOWN
ABSENT— ABSTAIN:
Contact:Debi Foley—335-1215 ATTESTEDCc: Community Community Development Department(CDD) JOHN SWEETEN,CLERK OF
Elections-Rosa Mena THE BOARD OF SUPERVISORS
Sheriff-Coroner-Gloria Sutter AND COUNTY ADMINISTRATOR
County Clerk-Elections , A
Auditor-Controller ✓
Assessor BYE ,DEPUTY
SD998379.psd/df r ��;
THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on December 16, 2003 by the following vote:
AYES: S inervisors, Gioia, Uilkema, Greenberf, DeSaulnier and Glover
NOES: Noise
ABSENT: None
ABSTAIN: None
SUBJECT: Creating County ) RESOLUTION NO.2003/684
Service Area P-6 Zone 1201 ) (Gov. C. 25210.8 &
(SUB 998379) ) 59000 ff.)
in the Concord 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 1201 of County Service Area No. P-6. No affectedproperties 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.2003-35 adopted this date is to be presented for approval of the voters of
Zone 1201 of County Service Area No. P-6 by a February 17, 2004 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2003-35 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 1201 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
Orig. Dept:Community Development minutes of the Board of Supervisors on the
cc: County Counsel date shown. �
Elections—Rasa Mena ATTESTED: ate '
Sheriff-Coroner, Gloria Sutter '; -
JOHN SWEETEN, Clerk of the Board Auditor-Controller .
of Su � isors and County Administrator
ti_.., .�
Assessor By f F Deputy
df
RESOLUTION NO. 2003/684
Resolution #2003/684
Subdivision 4998379
Zone#1201
_... "Exhibit"A"
Order No, 17018614
EXHIBIT "ONE"
A portion of lot 52, as designated on the map of R, N, Burgess Company's Map 1, Ayers
Rench Subdivislon, flied July 2, 1912, in Map Book 7, at page 1703, Centra Costa County
Records, described as follows:
Beginning at the Southeast corner of that parcel of land described in the deed from Meet L.
Binam to Fritz Englund, recorded October 23, 1952, In Bock 4228 of Official Records, at
Sage 450; thence from said paint of beginning North 60° 16" Nest, along the South line
of the said Englund parcel (4228 OR 450) and the westerly extension thereof, to a paint
on the centcarline of the road known as Ayers Road; thence South 29' 44' West, along the
said Center line, to the Southwest Corner of the said lot 52; thence along the south lime of
the said lot, South 47' 44` East, 58,40 feet, and South 600 16` Last. 311.40 feet to the
southwest corner of that parcel of land described In the deed from Roy S. Verregge to
David Bernhad 01%on, recorded March 20, 1945, in Book 896 of Official Records, at page
333: thence North 29° 44' East alone the west line of the Olsen parcel (896 OR 333)
250.50 feet to the paint of begitining.
Assessor's Parcel No: 117-030.0345
L-a I 1 P,,-(—e—a 5
Resolution#2003/684
Subdivision #998379 -r--
Zone#1201
"Exhibit"B" �O
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ORDINANCE NO. 2003-35
(An Ordinance of the Board of Supervisors of Contra 'Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
1201 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINSas follows :
ARTICLE 1. 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 1201 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 insofa r 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 t he 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 1201 of County
Service Area P -6 nor any land or improvements owned', by any
governmental entity.
-I-
ORDINANCE NO. 2003-35
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P -6 Zone 1201
(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 Indexfor
all Urban Consumers (CPI-U) for the San Franc isco-Oak;land-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 comggation
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 Z eine 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, 2005
through June 30, 2006) 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. 2003-35
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 PrecedingFi cal 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 -alorem
real property tax lien until fully paid.
-3-
ORDINANCE NO. 20703-35
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 Centra Costa. Insofar as feasible and insofar as not incosis-
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 regardin g
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, irrespee
Live of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect i mmediately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held February 17, 2004 so that taxes shall first
be collected hereunder for the tax year beginning July 1, 2005 .
-4-
ORDINANCE NO. 2003-35
PASSED AND ADOPTED at a regular meet ing of the Board of
Supervisors, County of Contra Costa, State of California, on
December 16, 2003 by the following vote:
AYES: SUPERVISORS Gioia, Uilkema, Greenberg, DeSaulnier and. Glover
NOES None
ABSENT: None
ABSTAIN: Nome
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Administrator
uty Board Chair
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-5-
ORDINANCE NO. 2003--35
Ordinance#2003.35
Subdivision ##998379
Zane#120.1
"�+_xhibit "A�3
Order No, 1708814
EXHIBIT "ONE"
A portion of lot 52, as designated on the reap of R. N, Burgess Company's Map 1, Ayers
Ranch Subdivision, filed ,July 2, 1912, in Map Book 7, at page 170, Contra Costa County
Records, described as follows:
Beglnttt`ng at the Southeast corner of that. parcel of land described in the deed from Meet L.
Binam to Fritz Englund. recorded October 23, 1962, In Book 4228 of Official Records, at
page 450; thence from said paint of beginning North 600 18' West, along the South line
of the said Englunci parcel (4228 OR 450) and the westerly extension thereof, to a point
on the centerline of the road known as Ayers Reran; thence South 29" 44` West, along the
sato center line, to the Southwest Corner of this said lot 52; thence along the south line of
the said lot, South 4 7° 44' lest, 58.40 feet, and South ESC}° 15' East. 311.40 feet to the
southwest corner of that parcel of land described its the deed from Ray S. Verragge to
David Bernhad Olson, recorded March 20, 1946, in Burk 896 of Official Records. at page
333: thence North 29° 44' East along the west line of the Olsen parcel (836 OR 333)
250.50 feet to the paint of begkvning.
Assessor's Parcel No° 117-030 045
2 , 11 1.C_e_�a5
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Ordinance##2003-3
Subdivision #998379 -r
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ORDINANCE NO. 2003-35 ZONE 1201
FOR FISCAL YEAR JULY 1, 2405, THROUGH JUNE 30, 2006
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION :PER PARCEL
11 Single Family Residence—
1 residence, 1 site $240
12 Single Family Residence- $240
1 residence, 2 or more sites
13 Single Family Residence- $204
2 residences on 1 or more sites
14 Single Family Residence— $200
other than single family land
15 Misc. Improvements--- 1 site $240
16 Misc. Improvements—2 or more sites $200
17 Vacant— I site $100
18 Vacant—2 or more sites $100
19 Single Family Residence - $240
Det. wtcommon area
20 Vacant--Multiple $104
21 Duplex $200
22 Triplex $204
23 Fourplex $244
24 Combination $244
25 Apartments(5-12 units) $404
26 Apartments(13-24 units) $444
27 Apartments(25-59 units) $640
28 Apartments (60+ units) $ 800
29Attached PVDs: $ 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, Gar Wash $ 400
36 Garages $ 400
37 Community Facilities $ 800
(recreational, etc.)
38 Golf Courses $ 400
35 Bowling Alleys $ 400
40 Boat Harbors $ 400
41 Supermarkets $ 600
(not shopping centers)
42 Shopping Centers $ 800
43 Financial Buildings $ 400
(ins.,`die, Banks, S&L)
44 Motels, Hotels & Mobile $ 600
Home Parks
45 Theaters $ 600
46 Drive-!n 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 Part{ $ 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 t A.10A $ 200
62 Rural, wfor w o Structure 1o.10A $ 200
70 Convalescent Hospitals/ $ 400
Rest Hames
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
88 Other (split parcels in different $ 200
tax code areas)
99 Awaiting Assignment $ 200