HomeMy WebLinkAboutMINUTES - 11302004 - SD6 TO: BOARD OF SUPERVISORS �__ L
Contra
FROM: DENNIS M. BARRY, AICP „P.{ Costa
COMMUNITY DEVELOPMENT DIRECTOR " . ;`' County
q,rq of itt
DATE: November 30, 2004
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: ZONE2603, SUBDIVISION #SD038747 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 2603 in County Service Area P-6.
(Resolution No. 2004/592)
2. Adopt the Ordinance establishing a fee for Police Service District for SD038747.
(Ordinance 2004-41)
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. (February 1, 2005)
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the Zoning Administrator on November 3,2003,with the requirement to establish
a Police Service District prior to recordation of the final map. A maximum of 8 single-family residential lots are
allowed.
Condition of Approval#19 of Subdivision#038747 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 ON APPROVED AS RECOMMENDED OT-HE-R
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT COPY
X 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—335-1215 ATTESTED
cc: Community Development Department(CDD) JOHN SWEETEN,CLERK OF
Elections-Rosa Mena THE BO RD OF SUPERVISORS
Sheriff-Coroner-Gloria Sutter AND COUNTY MINISTRATOR
County Clerk-Elections
Auditor-Controller
Assessor BY ,DEPUTY
SD038747.psd/df
S�7�
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on Novembe 30, 2004 by the followin vote:
AYES:
NOES: Xt#�
ABSENT: /Voq,�
ABSTAIN: /VdrLa--0
SUBJECT: Creating County ) RESOLUTION NO.2004/592
Service Area P-6 Zone 2603 ) (Gov. C. 25210.8 &
(SUB#038747) ) 59000 ff.)
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 2603 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.2004-41 adopted this date is to be presented for approval of the voters of
Zone 2603 County Service Area No.P-6 by a February 1,2005 mail ballot election according
to the following ballot proposition:
"Shall Ordinance No.2004-41 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 2603 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.
a�,elr by certify that this is a true and correct
copy of an action taken and entered on the
De t:Communit Development minu#es of the Board of Supervisors on the
Orig. p Y p date shown.
cc: County Counsel ATTESTED:
— a Mena
Elections Ros JOHN SWEETEN, Clerk of the Board
Sheriff-Coroner, Gloria Sutter of Supervis s and County Administrator
Auditor-Controller By
tY
Assessor
df
RESOLUTION NO. 2004/592
Resolution #2004/592
Subdivision #038747
Zone#2603
"Exhibit"B"
CENTERLINE S89"56'20"E
CENTRAL AVE (50f) 200.00' N6
N 03'3-8'10"E S890561207E NO 3`38'10"E
25.05' 200.00' 25.05
ROADWAY UTJLITJES
..... ... .. ... :. f j PER 14 94 OR 4 63
APN: 380-080-022
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588*1 7)38#1E
133,121
IESS/ CENTERLINE
PALM DRIVE (6-b7
N o. C33249
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EXP 30-06 rr'
DRA WNG SCALE 1 100'
CIVI
OFC
JES ENGINEERING, INC. EN11.BIT A SCALE: 1 100,
01K EMKINEFRINO & LAND POLK.IF SER�7CES DISTRICT ZONE DATE: 1 0/26/04
1355 WILLOW WAY, SUITE 105 DRAWN BY: JDB/RBP
CONCORD, CA 94520 CONTRA COSTA COUNTY
C�.�'�.���(925)674-1151SHEET 1 OF
(925)674-1314 FAX
B NO. 04159
ORDINANCE NO. 2004-41
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone 2603
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 2603 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 11. 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 2603 of
County Service Area P-6 nor any land or improvements owned by any governmental entity.
2. "Fiscal year" means the period of July I through the following June 30.
3. Contra Costa County Service Area P-6 Zone 2603 (hereinafter called "Zone")means that portion
of the unincorporated 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 C 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.
Ordinance 2004-41
1
r
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 1 A 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 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, 2006 through June 30, 2007) shall be the Amount of
Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein.
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 an ad valorem real
property tax lien until fully paid.
Ordinance 2004-41
2
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 2603 in an election to be held Feb 1, 2005 so that taxes shall first be collected
hereunder for the tax year beginning July 1., 2006
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra
Costa, State of California, on November 30, 2004 by the following vote:
AYES:SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: JOHN SWEETEN, County Administrator and
Clerk of the Board of Supervisors
BY:
DeputyB96rd Chair
Ordinance 2004-41
3
Ordinance#2004-41
Subdivision #038747 Policy No A04008-FTYA-112608
Zone#2603
"Exhibit "A"
The land referred to in.this Policy is situated in the unincorporated area of the County of Contra Costa, State of
California,and is described as follows:
PARCEL ONE:
Portion of the Rancho Las Juntas, described as follows:
Beginning at an iron pipe on the South line of a 50 feet in width private road at the most Easterly corner of the
4.45 acre parcel of land described as Parcel One in the deed from WM. Gottschalk, et ux, to WM. Olsen, et ux,
dated March 24, 1949 and recorded April 12, 1949, Book 1373 Official Records, Page 60; thence from said
point of beginning North 30 38' 10" East along the extension North 31 38' 10" East, of the East line of said
Olsen parcel 25.05 feet to the center line of said 50 feet in width private road; thence South 890 56' 20" East
along said center line 200 feet; thence South 31 38' 10" West, 25.05 feet to an iron pipe on the South line of
said 50 feet in width road; thence South 120 56' 30" West, 536.91 feet to the center line of a private road 50
feet in width distant thereon South 870 44' East, 125 feet from the most Southerly corner of said 4.45 acre
Olsen parcel; thence North 870 44' West along said center line 125 feet to said most Southerly corner; thence
along the East line of said Olsen parcel North 320 40' East, 25 feet and North 30 38' 10" East, 498.49 feet to
the point of beginning.
EXCEPTING THEREFROM that portion as described in the deed to Genero Martinez and Rosie M. Martinez, his
wife as joint tenants, recorded July 13, 1962, Book 4159, Page 446, Series No. 57496, Official Records.
PARCEL TWO:
A right of way created in reference to the premises in the deed from Wm. Gottschalk, et ux, to Bess Shipstad,
et al, dated November 7, 1945 and recorded December 11, 1945, Book 854, Official Records, Page 338, as
follows:
"A non-exclusive right of way as an appurtenance to the remaining lands of Wm- Gottschalk and Sarah J.
Gottschalk for use as a roadway for vehicles of all kinds, pedestrians and animals, and as right of way for
water, gas, oil and sewer pipe lines and for telephone, electric light and power lines, together with the
necessary poles or underground conduits to carry said lines, over a strip or iand 50.00 feet in width, iying
immediately Southerly of the first five coursed in the above described parcel. The Southerly line of said parcel
to be parallel to and distant 50.00 feet Southerly, measured at right angles from the first five courses of the
parcel hereinbefore described. The Westerly end of said right of way to be the Easterly terminus of Central
Avenue as shown on said map of Vine Hill Homesites and the Easterly end of said right of way is to be the
exterior boundary of the Rancho Las Juntas as described in the parcel hereinfore described".
(Being APN 380-080-022)
1 . 5J acres
Ordinance#2004-41
Subdivision #038747
Zone#2603
"Exhibit "B"
CENTERLINE S89*56'20"E
CENTRAL AVE (50') 200-00
NO3 .o-Z
B'l 0 E S89'56 20 NO3*38'1 0"E
25.05' 200.00 25.05
TROADWAY do UT]Lrr]ES
.....' . ... _.... :�. / PER 14 94 OR 4 63
APN: 380-080-022
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00
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I / .
S88`17'38"E
133 12.
,*12
... ...
12*
1;??,0FESS/O CENTERLINE
K. L4�� PALM DRIVE —07
\A 5-
N o. 033249
rn
EXP —30-06
DRAWING SCALE 1 = 100'
CIVIL
OF C
LIES .ENGINEERING, INC. E`XENT A SCALE: 1 100'
- SERVDATE: 10/26/04
C/K' E '"p -"'RV'wN0 POLICE 7CES DISTRICT ZONE1355 WILLOW WAY, SUITE 105DRAWN BY: JDB/RBP
CONCORD, CA 94520 CONTRACOSTACOUNTY CALIFORNL4(925)674-1151SHEET 1 OF 1
(925)674-1314 FAX I JOB NO. 04152..,J
ORDINANCE NO. 2004-41 ZONE 2603
FOR FISCAL YEAR JULY 15 2006, THROUGH JUNE 30, 2007
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. 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 (60+ units) $ 800
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) $ 400
48 Multiple & Commercial $ 400
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 Light Industrial $ 400
54 Heavy Industrial $ 400
55 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
87 Common Area $ 400
88 Mobile Homes $ 200
89 Other (split parcels in different $ 200
tax code areas)
99 Awaiting Assignment $ 200