HomeMy WebLinkAboutMINUTES - 01202004 - SD2 TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY,AICD Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: January 20, 2004 � "'
SUBJECT: HEARING ON PROPOSEDPOLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6,
RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION Of
THE FOLLOWING ZONE: ZONE 10303, SUBDIVISION #SD038738 IN THE MARTINEZ AREA.
SUPERVISORIAL DISTRICT II
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 1003 in County Service Area P-6.
(Resolution No. 2004101)
2. Adopt the Ordinance establishing a fee for Police Service District for S0038738.
(Ordinance 2004-02)
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. (March 23, 2004)
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the County Planning Commission on December 2,2003,with the requirement to
establish a Police Service District prior to recordation of the final map. A maximum of 11 residential lots are
allowed.
Condition of Approval#11 of Subdivision#038738 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
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD /APPROVED AS RECOMMENDED
A
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
,�L UNANIMOUS{ABSENT, fZ2 OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES:_ _ OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
f
Contact:Debi Foley—335-1215 ATTESTED
cc: Community Development Department(CDD) JOHN SWEETEN,CLERK OF
Elections-Rosa Mena YCOUN
ARD OF SUPERVISORS
Sheriff-Coroner-Gloria Sutter AMINISTRATOR
County Clerk-ElectionsAuditor-ControllerAssessor Br'rf ,DEPUTY
SDO38738.psdldf
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adapted this Order on January 20, 2004 by the fallowing vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER and GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Creating County } R.ES'OLUTION NO. 2004/01
Service Area P-6 Zane 1003 ) (Gov. C. 25210.8 &'
(SUB 038738) ) 59000ff.)
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:
1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A"is
established as Zone 1003 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 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 plat
indicating the boundaries of said zone.
............. ............. ....... .............
3. That Ordinance No.2004-02 adopted this date is to be presented for approval of the voters of
Zone 1003 of County Service Area No. P-6 by a March 23, 2004 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2004-02 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 1003 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 I herm>y certify that this is a true and correct
Auditor-Controller COPY of an action taken and entered on the
Assessor minutes of the Boar of Supervisors on the
date shown.
df ATTESTED:.
JOH STEN, Ci0 f the oard
of S sorra and Co,
Y Administrator
Deputy
RESOLUTION NO. 2004/01
Prima Farm Lands
Impact 3.2-9. Conversion of Prime Farmland, Unique Farmland, or Farmland of
StatewideImportance, as shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California Resources Agency, to non-
agricultural use.
The project site is rated as Unique.Farmland by the Farmland Mapping and Monitoring Program,
California Department of Conservation,Division of Land Resource Protection.
The Alhambra Valley Specific Plan has designated the parcel for,Single Family Residential,Low
Density land use. The Specific Plan also designates areas for agricultural preservation, and the
proposed project site is not designated for protection. The project site is not listed as`.`Important
Agricultural Lands on Figure 8-2 of the General Plan.
The General Plan Policy 8-H states"To conserve prime productive agricultural land outside the
Urban Limit Line [ULL] exclusively for agriculture."The project parcel is inside the Urban
Limit Line. General Plan Policies 8.31 and 8.34 state that urban development in the future shall
take place within the Urban Limit Line and areas designated by this plan for urban growth, and
projects shall be required to establish effective barriers between them and land planned for
agricultural uses. Irrigated row crops have not been planted on the property, and the project is
surrounded by residential development.
Mitigation Measure 3.1-9 Prior to recordation of the final map,the applicant shall dedicate to
Contra Costa County or to an Agricultural Trust a conservation easement for a minimum of 15
acres that is located in the County. The purpose of the conservation easement shall be to assure
that the land is available for farming. The proposed property and conservation leasement shall be
submitted to the County for review and approval.
Resolution #2004/01
Subdivision #038738
Zone#1043
"Exhibit"A"
EXHIBIT A
Legal Description
All that certain real property situated in the County of Contra Costa County, State of
California described as follows:
Parcel B, as shown on the Parcel Map filed August 5, 1982 in Book 102 of Parcel Maps
at page 15, Contra Costa County Records,more particularly described as follows:
Beginning at the Northeastem corner of Parcel B, said point also being the Northwestern
corner of the right-of-way line of Blum Road as said parcel and road are shown on the
above-mentioned Parcel Map; thence from said point of beginning along the exterior
boundary line of the above-mentioned Parcel B, the following courses:
North 87°31'20" West, 695.23 feet;
South 04°24'08"East, 205.60 feet;
North 89°23'14"East, 558.69 feet;
North 10'06'51"West, 150.00 feet;
North 89c23'1 4"East, 150.04 feet; � ES
North 10°06'51"West, 20.00 feet to the point of beginning. t�o Nas,
Containing an area of 108,175 square feet more or less. lM ,'.,
! EX 03,31-07
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Page 1 of 1
Resolution #20041111
Subdivision #038738
Zone#1003
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ORDINANCE NO. 2004-02 ZONE 1003
FOR FISCAL YEAR JULY 1, 2005, THROUGH JUNE 30,2006
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 Humes, 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 $ d00
35 SeMce Stations, Car Wash $ 400
36 Garages
$ 4(30
37 Community Facilities $ 600
(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 $ 400
(ins.,Title, Banks, S&L.)
44 Motels, Hotels & Mobile $ 600
Nome Parks
45 Theaters $ 600
46 drive-in Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial
$ 400
49 New Car Agencies $ 400
5a Vacant Land (•not part of $ 100
Ind. park or P. & U.)
81 Industrial Park $ 800
52 Research & development $ Opp
53 Ught Industrial $ Opp
54 Heavy Industrial $ 400
88 Mini Warehouses (public Storage) $ 800
56 Misc. Improvements $ 400
81 Rural, Res. Improvement 1A-1OA $ 200
82 Rural, wfor w/o Structure 1A-10A $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
73 Hospitals $ 400
74 Cemsteriesttvlortuaries $ 400
75 Fraternal & Service Organizations $ Opp
78 Retirement Housing Complex $ 600
78 Parks & Playgrounds $ 800
85 Public & Private Parking $ 400
87 Common Area $ 400
88 Mobile Homes $ 200
89 Other (split parcels In different $ 200
tax code areas)
99 Awaiting Assignment $ 200
ORDINANCE NO. 2004-02
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
1003 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 1003 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 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 1003 of
County Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2004-02
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 1:.003
(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 (1582-84=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 lA 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.
AR'T'ICLE III . AMOUNT AND 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, 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 N4. 2004-02
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 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 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
-3-
ORDINANCE NO. 2004-02
an ad valorem real property tax lien until fully paid.
W4-
ORDINANCE NO. 2004-02
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
inconsistent 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
inconsistent with this Ordinance, the times and procedure
regarding exemptions, due dates, installment payments,
corrections, cancellations, 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
collecting 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, irrespective 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 March 23 , 2004 so that taxes shall
first be collected hereunder for the tax year beginning July 1,
2005 .
-5-
ORDINANCE NO. 2004-02
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
January 20, 2004 by the following vete :
AYES• SUPERVISORS GIOIA, tUILKEMA., GREENBERG, DESAULNIER and GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Admir$istrator
By-
eput Boar Chai
VJW:df
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—6—
ORDINANCE NO. 2004-02
Ordinance#2004.02
Subdivision #038738
Zone#1003
"Exhibit "A"
EXHIBIT A
Legal Description
All that certain real property situated in the County of Contra Costa County, State of
California described as follows:
Parcel B, as shown on the Parcel Map filed August 5, 1982 in Book 102 of Parcel Maps
at page 15, Contra Costa County Records,more particularly described as follows:
Beginning at the Northeastern corner of Parcel B, said point also being the Northwestern
corner of the right-of-way line of Blum Road as said parcel and road are shown on the
above-mentioned Parcel Map; thence from said point of beginning along the exterior
boundary line of the above-mentioned Parcel B,the following courses:
North 87°31'20"West, 695.23 feet;
South 04°24'08"East, 205.60 feet;
North 89'23'14"East, 558.69 feet;
North 10°06'51"West, 150.00 feet;
North 89-23'14-East, 150.00 feet; Esse
North 10°06'51"West,20.00 feet to the point of beginning. NAS
Containing an area of 108,175 square feet more or less.
No.29528 a `
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Page 1 of 1
Ordinance#2004-02
Subdivision #038738
Zone#1003
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ORDINANCE NO. 2004-02 ZONE 1003
FOR FISCAL YEAR JULY 1,2005, THROUGH TUNE 30,2006
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence—
I residence, I 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. w/common 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 (60t units) $ Epp
29 Attached PUDs: $ 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, 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 $ 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) $ Opp
48 Multiple & Commercial $ Opp
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
53 tight Industrial $ 400
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
56 Mim Improvements $ 400
61 Rural, Res. Improvement 1 A-1 OA $ 200
62 Rural, calor w/o Structure 1A-10A $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
73 Hospitals $ 400
74 Cemeteries/Mortuades $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Housing Complex $ 600
78 Parks & Playgrounds $ 800
85 Public & Private Parking $ 4Q0
87 Common Area $ 400
as Mobile Homes $ 200
89 Other (split parcels In different $ 200
tax code areas)
99 Awaiting Assignment $ 200