HomeMy WebLinkAboutMINUTES - 10072003 - SD6 O: BOARD OF SUPERVISORS
` Contra
FROM: DENNIS M.BARRY,AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: October 7,2003
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 203, SUBDIVISION #SD028703 IN THE BAY POINT AREA.
SUPERVISORIAL DISTRICT V
SPECIFIC REQUEST(S)OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 203 in County Service Area P-6.
(Resolution No.2003/539)
2. Adopt the Ordinance establishing a fee for Police Service District for SD028703.
(Ordinance 2003-29)
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 25, 2003)
FISCAL, IMPACT
Norse
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the East County Regional Planning Commission on March 10, 2003,with the
requirement to establish a Police Service District prior to recordation of the final map. A maximum of 69 residential
lots are allowed,
Condition of Approval#31 of Subdivision#0.28703 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.
CONTINUED ON ATTACHMENT: X YES SIGNATURE f, --
RECOMMENDATION OF COUNTY ADMINIST'RATOR =RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON !,&- ` ?`l APPROVED AS RECOMMENDED OTHER
V9TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
UNANIMOUS(ASSENT `Ig;, }} OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
'AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Con#act:Debi Foley—335-1215 ATTESTED
cc: Community Development Department(CDD) JOHN SWEETEN,CLERK OF
Elections-Dasa Mena THE BOARD OF SUPERVISORS
Sheriff-Coroner-Gloria Sutter AND COUNTY ADMINISTRATOR
County Clerk-Elections
Auditor-Controller 7
AssessorBY ate_ x`'l ' ,DEPUTY
SD028703.psdldf r°`
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on October 7, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Creating County ) RESOLUTION NO.2003/539
Service Area P-6 Zone 203 ) (Gov. C. 25210.8 &
(SUB 028703) ) 59000 ff:)
in the Bay Point 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 203 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.2003-29 adopted this date is to be presented for approval of the voters of
Zone 203 of County Service Area No. P-6 by a December 9, 2003 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2003-29 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 203 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.
Orig. Dept:Community Development
cc: County Counsel
Elections—Rosa Mena
Sheriff-Coroner, Gloria Sutter
Auditor-Controller
Assessor t hereby certffy that this is a true and Corr-^t
copy of an action taken and entered on
df minutes of the Board of Supervisors Ort t
date shown. -�71
ATTESTED:
JOHN SWEETEN, Clark of the Board
of Sup rvisors and County Adminletrator
,
By e ;: mss- Dep
RESOLUTION NO. 2003/539
Resolution#2003/539
Subdivision 9028703
Zone#203
"Exhibit"A"
EX MBIT A
LEGAL DESCRIPTION
Real property situate in the State of California, County of Contra Costa, being a portion of the
southeast quarter of Section 11, Township 2 North, Range 1 West,Mount Diablo Meridian more
particularly described as follows:
BEGINNING at the northwest comer of Parcel 2 as described in the deed to the Contra Costa
County Redevelopment Agency recorded in Series Number 01-025285, Contra Costa County
Records; said point of Beginning being on the eastern line of Block C, Poinsettia Land Company
West Pittsburg Tract Unit No. 1, filed in Book 19 of Maps at Page 506 Contra Costa. County
Records and on the southern line of the land granted to the Sacramento Northern Railroad; thence
running eLaterly along said southern line, South 89° 43' 00" East 3.27.97 feet to the northwest
cornier of the parcel of land described in the deed to Francesco Macaluso, et ux, in Book 172 of
Official Records at Page 17,Contra Costa County Records;thence along the northern line of said
parcel, South 89°43' 00"East 157.49 feet to the northeast corner thereof,thence southerly, along
the east line of said parcel South 00° 00' 00" East 49.27 feet; thence leaving said east line and
running parallel with the northern line of said parcel,North 890 43' 00"Nest 158.29 feet to the
easterly line of the lands of Giuseppe Siino and Mary Siino, his wife, as the same are described in
Volume 28 of the OfficialRecords at Page 173, Contra Costa County Records; said.easterly line
also being the northerly prolongation of the west line of Block A as shown on that certain map
entitled "Map of Bella Monte Subdivision No. 1"fled in Book 20 of Maps at Page 546, Centra
Costa County Records; thence southerly along said easterly line, South 00° 56' 00"West 200.02
feet to the northwest corner of the parcel of land granted to the Contra Costa County
Redevelopment Agency recorded in deed series number 1999-000985, Contra Costa County
Records;thence leaving said easterly line,North 90° 00' 00"East 136.55 feet to the west right of
way line of Bella Monte Avenue,thence southerly along said right of way line South 001 00' 00"
East 50.00 feet;thence leaving said right of way line South 901 00' 00" West 137.36 feet to the
aforementioned easterly line of the lands of Giuseppe Siino and Mary Siino (28 OR 173), thence
southerly along said easterly line, South 00° 56' 00" West 500.06 freet to the northwest corner of
Lot 6 of said Map of Bella Monte Subdivision No. 1 (20 M 546);thence easterly along north line
of said Lot 6,North.90' 00' 00" East 145.51 feet to the west right of way line of Bella Monte
Avenue; thence southerly along said right of way line South 000 00' 00" East 100.00 feet to the
southeast corner of Lot 5 of said map; thence leaving said right of way line South 90° 00' 00"
West 147.14 feet to the said easterly line of the lands of Giuseppe Siino and Mary Siino (28 OR
173), thence northerly along said easterly Iine,North 00° 56' 00"East 49.03 feet;thence leaving
said easterly line North. 89" 54' 44"West 327.94 feet to a point on the eastern line of said Block
C,Poinsettia Land Company West Pittsburg Tract Unit No.. 1 (19 M 506);thence northerly along
said eastern line North 001 55' 50"East 851.47 feet to the POINT OF BEGINNING, containing
7.08 acres of land more or less.
End of Description
Date:—/—/2003,
Legal Description of Nantucket Cove 8-14-03.doc Last printed 08114103 12:56 PM
Resolution#2003/539
Subdivision #028703
Zonae#203
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NOW t A 4i
L, .` r } �
ORDINANCE NO. 2003-29
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
203 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 203 of Contra Costa County Service Area NoP-
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 203 of County
Service Area P -6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2003-29
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa. County Service Area P6 Zone 203 (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 cede 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 computabn
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 ANIS 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, 2004
through June 30, 2005) shall be the Amount of Tax Per Parcel for a
Property Use Cade Category as set forth on Exhibit C incorporated
herein.
-2.-
ORDINANCE NO. 2003-29
B. For Subseggient 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 fart h 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 t he
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
Cade Section 2187, and shall have the same effect as an ad valoem
real property tax lien until fully paid..
_30
ORDINANCE NO. 2043-29
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, canceller
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, sent ence, 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
tine of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect immed iately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held December 9, 2003 so that taxes shall first
be collected hereunder for the tax year beginning July 1, 2004 .
_4_
ORDINANCE NO. 2003-29
PASSED AND ADOPTED at a regular meeting a f the Board of
Supervisors, County of Centra. Costa, State of California, on
October 7, 2003 by the following vote:
AYES : SUPERVISORS GIOI.A, UILKEMA, GREENBERG, GLOVER and DESAULNIER
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Administrator
'qtputy 02haid Cr
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ORDINANCE NO. 2003-29