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Home My WebLink AboutMINUTES - 09092003 - SD.7 TO:: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP =' Costa COMMUNITY DEVELOPMENT DIRECTOR untY ..,, DATE: September 9, 2003 + 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 1002, SUBDIVISION #SD018536 IN THE MARTINEZ AREA. (SUPERVISORIAL DISTRICT 2 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) +& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1, Adopt the Resolution authorizing an election for Zone 1002 in County Service Area P-6. (Resolution No. 2003/537) 2. Adopt the Ordinance establishing a fee for Police Service District for SD018536. (Ordinance 2003-27) 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 18, 2003) FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This application was approved by the County Zoning Administrator on September23,2002,with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 32 residential lots are allowed. Condition of Approval #16 of Subdivision #018536 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 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON ,: r,.. r' ? :a APPROVED AS RECOMMENDED =OTHER 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:Debi Foley—335-1315 ATTESTED/ cc: Community Development Department(CDD) JOHN SWEETSNe LERK OF Elections-Rosa Mena THE BOARD OF SUPERVISORS Sheriff-Coroner-Gloria Sutter AND COUNTY DMtNISTRATOR County Clerk-Elections Auditor-Controller , Assessor BY, ,DEPUTY SDO18536.psd/df f 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIFORNIA Adopted this Carder on September 9, 2003 by the following vete: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG and DESAULNIER NOES: NOME ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE SUBJECT: Creating County ) RESOLUTION NO.2003/537 Service Area P-6 Zone 1002 } (Gov. C. 25210.8 & (SUB 018536) ) 59000 f£) 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: I. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A"is established as Zone 1002 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. 2003-27 adopted this date is to be presented for approval ofthe voters of Zone 1002 of County Service Area No. P-6 by a November 18, 2003 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2003-27 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1002 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. 6 Heal=y certify that this is a true and correct copy of an action taken and entered on the minutes of th and of Supervisors on the date shown. Orig. Dept:Community Development ATTEST ,- 2--e)" cc: County Counsel JOHN S' 9tTEN, Merle of tha Board Elections—Rosa Mena of Sup isors and County administrator Sheriff-Coroner, Gloria Sutter y '� :.® . . �— Deputy Auditor-Controller Assessor df RESOLUTION NO. 2003/537 Resolution #2003/537 Subdivision #018536 Zone#1002 "Exhibit "All AUG. 6, 2003 200107desc08-06-03 EXHIBIT "A" VINE SILL MEADOWS SUBDIVISION 8536 LEGAL DESCRIPTION REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF RANCHO LAS JUNTAS,DESCRIBED AS FOLLOWS: A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 16, 1957, IN BOCK 3014,PAGE 185 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY, SAID PORTION BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL, DISTANT THEREON SOUTH 51°32'22." WEST, 25.46 FEET FROM THE NORTHERLY CORNER OF SAID PARCEL; THENCE SOUTH 33°32'32"EAST, 60.00 FEET; THENCE SOUTH 36°42'00"EAST,350.00 FEET, THENCE SOUTH 44°49'49"EAST,353.55 FEET; THENCE SOUTH 3059'21"EAST, 502.50 FEET; THENCE SOUTH 36042'00"EAST,200.00 FEET; THENCE SOUTH 4104647"EAST, 451.78 FEET; THENCE SOUTH 36°42'00"EAST, 150.00 FEET; THENCE SOUTH 37050'45" EAST, 142.58 FEET TO THE GENERAL EASTERLY LINE OF SAID PARCEL; PAGE 1 OF 2 AUG 6, 2003 200107desc08-06-03 THENCE ALONG THE LAST SAID LINE AND ALONG THE GENERAL NORTHEASTERLY LINE OF SAID PARCEL , THE FOLLOWING TWELVE (12) COURSES. 1) NORTH 26.48'06"EAST, 103.98 FEET; 2) NORTH 0°45'21" WEST, 65.72 FEET; 3) SOUTH 56°2424"WEST, 6.50 FEET; 4) NORTH 33°3536"WEST, 212.00 FEET; 5) NORTH 56°24'24"EAST, 6.50 FEET; 6) NORTH 3335'36"WEST, 542.87 FEET; 7) NORTH 33°52'16"WEST, 383.13 FEET; 8) SOUTH 56°07'44"WEST, 14.00 FEET; 9) NORTH 33°52'16"WEST, 76.67 FEET; 10) NORTH 14°01'16"EAST, 53.70 FEET; 11) SOUTH 82°3654"WEST, 75.46 FEET,AND 12) NORTH 48°30'06"WEST, 836.70 FEET TO SAID NORTHWESTERLY LINE; THENCE ALONG SAID LAST LINE.SOUTH 51°32'22" WEST, 25.46 FEET TO THE POINT OF BEGINNING. CONTAINING 7.59 ACRES OF LAND, MORE OR LESS. END OF DESCRIPTION a Esse PAGE 2 OF 2 VIS fit OMNI W-Ai t�.6 fro St w o l ;� ✓� t as Aye rn � tA 14 % m � $ fin ` � i' �y ' c A ' t7. Si tii+/ ` mom ` ` UA ` l `r �ri 'A��;.j� fiw� T� t y�'�s`{d��may'. ✓ � , ,�`.i`Ta� -..... Zy� ��.d �9h?) '�A7r � ',,�1E ayZ°' tri✓��t�� / �x .3 ORDINANCE NO. 2003-27 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1002 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 1002 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 1002 of County Service Area P -6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 2003-27 2 . "Fiscal year" means the period of July 1 through the following June 30 . 3 . Contra Costa County Service Area P -6 Zone 1002 (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 t6r 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 comItlation 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 Zo ne 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, 2004 through June 30, 2005) 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. 2003-27 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 f orth 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 W 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 o f 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 vlorem real property tax lien until fully paid. -3- ORDINANCE NO . 2803-27 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 incol3is- 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, s entence, 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 tive of the invalidity of any other article, section, subsection, sentence, phrase or clause . ARTICLE VI . EFFECTIVE BATE. This Ordinance shall take effect im mediately upon its confirmation by two--thirds of the voters voting within the Zone in an election to be held November 18, 2003 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2004 . -4- ORDINANCE NO. 2003-27 _ PASSEL? AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on September .0, 2003 by the following vote : AYES : SUPERVISORS GIOIA, UIL,KEMA, GREENBERG and DESAULNIER NOES : NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator f ' BY. ` puty Board Chair VJW:df df4:vw\0rd\csap6 ORDINANCE NO. 2003-27 Ordinance#2003-27 Subdivision #018536 Zane#1002 "Exhibit"A" AUG. 6, 2003 200107desc08-06-03 EXHIBIT "A" VINEHILL MEADOWS SUBDIVISION 8536 LEGAL DESCRIPTION REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF RANCHO LAS JUNTAS,DESCRIBED AS.FOLLOWS: A PORTION OF THAT PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 16, 1957, IN BOOK 3014, PAGE 185 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY, SAID PORTION BEING.DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL, DISTANT THEREON SOUTH 51032'22" WEST, 25.46 FEET FROM THE NORTHERLY CORNER OF SAID PARCEL; THENCE SOUTH 33°32'32"EAST, 60.00 FEET; THENCE SOUTH 36°42'00"EAST,350.00 FEET; THENCE SOUTH 44°49'49"EAST,353.55 FEET; THENCE SOUTH 30°5921"EAST, 502.50 FEET, THENCE SOUTH 36042'00"EAST, 200.00 FEET; THENCE SOUTH 41°46'4T'EAST,451.78 FEET; THENCE SOUTH 36042'00"EAST, 150.00 FEET; THENCE SOUTH 37°50'45" EAST, 142.58 FEET TO THE GENERAL EASTERLY LINE OF SAID PARCEL; PAGE 1 OF 2 AUG. 6, 2003 200107desc08-06-03 THENCE ALONG THE LAST SAID LINE AND ALONG THE GENERAL NORTHEASTERLY LINE OF SAID PARCEL , THE FOLLOWING TWELVE (12) COURSES: 1) NORTH 26°48'46"EAST, 103.98 FEET; 2) NORTH 0°45'21"WEST, 65.72 FEET; 3) SOUTH 56°24'24"WEST, 6.50 FEET, 4) NORTH 33°35'36"WEST, 212.00 FEET; 5) NORTH 5624'24"EAST, 6.50 FEET; 6) NORTH 33°35'36" WEST, 542.87 FEET; 7) NORTH 33°52'16" WEST, 383.13 FEET; 8) SOUTH 56°07'44"WEST, 14.00 FEET; 9) NORTH 33°52'16"WEST, 76.67 FEET, 10) NORTH 14°01'16"EAST, 53.70 FEET; 11) SOUTH 82°36'54"WEST, 75.46 FEET,AND 12) NORTH 48°30'06"WEST,836.70 FEET TO SAID NORTHWESTERLY LINE; THENCE ALONG SAID LAST LINE SOUTH 51°32'22" WEST, 25.46 FEET TO THE POINT OF BEGINNING. CONTAINING 7.59 ACRES OF LAND, MORE OR LESS. END OF DESCRIPTION PAGE 2 OF 2 OF c ordln Polo' 0 m � s 10 ul 81A 05 10 -88 cn rn -all l m / t MA ,to t �; AVIA (7 (yds 4 �Z -A it- �y �� ` �✓ (5) t`C'�1� R`� �iC2 g � 1+rrt y .t g c5 Y C� W ; n` } 10 1 W '�5 c� m ORDIWNCE ZONT N GFS c � . • ra < ir M • w � 'fir" � [� �y �� #}�Chi � � w I�r Ca c +^ n � � _ cIL PQ ri 40 41 Y � we w � � � � �► T 46" 5 ' LP It r 3r 'r a ,W s tests C3 .r a7 zr Fr1-4 Cz g N � ORDINANCE NO. 2003-27 ZONE 1002 FOR FISCAL YEAR JULY 1, 2004, THROUGH JUNE 30, 2005 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. wlcommon 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 Stares - $ 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 $ 440 (Ins.,'title, Banks, S&L) 44 Motels, Hotels & Mobile $ 600 Home Parks 45 Theaters $ 500 46 Drive-in Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 Multiple & Commercial $ 400 49 New Car Agencies $ 400 so Vent Land (,not part of $ 100 Ind. park or P. & a.) 51 Industrial Park $ 800 52 Research & Development $ 400 53 Light Industrial $ 400 54 Heavy Industrial $ 400 65 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 $7 Common Area $ 400 88 Mobile Homes $ 200 89 Other (split parcels In different $ 200 tax oode areas) 99 Awaiting Assignment $ 200