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HomeMy WebLinkAboutMINUTES - 12202005 - SD.5 TO: BOARD OF SUPERVISORS 1 r Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: December 20, 2005 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 2703, SUBDIVISION #SD028634 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 2703 in County Service Area P-6. (Resolution No. 2005/784) 2. Adopt the Ordinance establishing a fee for Police Service District for SD028634. (Ordinance 2005-37) 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 21, 2006) FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This application was approved by the County Planning Commission on October 26,2004,with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 23 residential lots are allowed. Condition of Approval #64 of Subdivision #028634 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 OTAER_ T,he Chair opened the public hearing, rfo public ccmnent was presented. The Cbair closed the PoAic hearing. V TE OF SUPERVISORS �(., �,,,,� � I HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT COPY _UNANIMOUS(ABSENT h �u/ ) OF AN ACTION TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: r� Contact:Debi Foley-335-1215 ATTESTED 161--10U P5 cc: 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 1 Auditor-Controller ', / - ` Assessor BY � �L.L�-VL ,DEPUTY SD028634.psd/df THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 20, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Creating County ) RESOLUTION NO.2005/784 Service Area P-6 Zone 2703 ) (Gov. C. 25210.8 & (SUB 028634) ) 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 2703 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. i 3. That Ordinance No.2005-37 adopted this date is to be presented for approval of the voters of Zone 2703 of County Service Area No. P-6 by a February 21, 2006 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2005-37 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 2703 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 df RESOLUTION NO. 2005/784 Resolution #2005/784 Subdivision #028634 Zone#2703 "Exhibit "A" LEGAL DESCRIPTION SOUNDARY TH/.T REAL J'ROPERTYSI'TU47 E IN THE UNINCORPORATED POR770N OF THE COUI TY OF CONTRA C'O.STA, STATEOFCALII'ORNIA,DLSCRIBED,4SF0l.LUW.S_ A PORTION OF TNT RANCHO EL PINOLE•. RE/MGA PORTION OF THAT PARCEL OF LAND AS DELGVECMD UPON THAT CERYAIN RECORD OF SURVEY "ILS 212S-, AS.SAID SURVEY WAS FILED JUNE 5, 1995,IN 771E OFFICE OF THE C'OGW77RECORDER, IN BOOK 107 OF LICENSED SURVEYORS MAPS, AT PAGES 35 AND 36, CONTRA COSTA COUNTY, CALIFORNIA, MORE PAR77CU1,11RLY DESCRIBED AS FOLLOWS: BEGIAWM, ATME I<u7ERSECTIONOFTHE WESTERLYRIGHT OFWAYLINE OFALHdzW7?RAVALLEY ROAD 0 O THE NORTIf) WITH THE NORTHERLY RIGHT OF WAYINE OF RE[IE7" VALLEY ROAD AND ALHAMRR l VALLEY ROAD(I0 THE WF,7Q, T HE..MCF-NORTH 57°07'47" WEST 958.93 FEET; TJIENCE NORTH 06°34'40" WEST 64.17 FETT THENCE NORTH 76°36'40"WEST 3Z 70 FEET-THENCE NORTH 49°44'40" WEST 68.49 FEET: THENCE NORTH 54°10'20" FIST 3720 FEI•T- THENCE NORTH 2004420" EAST 23.80 FEET- THENCE MORTH 21'43'40" WEST 83.69 FEET. THENCE NORTH 23°58'20` EAST 70.19 FEET, WE .NCE NORTH 81418'20" FAST 90.02 FEET- THENCE NORTH - 3305120" EAST 115.79 FEET,- THENCE NORTH 39°15'20" EAST 109.99 FEET; THENCE NORTH 2944'40" WEST 12.17 FEET, THENCE SOUTH 88°27'40" EAST 192.61 FEET.- TRENCE NORTH 01°32'20" EAST 11159 FEET- THENCE NORTII8504830" EAST 100.14 FEET TJIfjVCE SOL771. 88°27'40"EAST 332.00 FEET TO THE WESTERLY RIGHT OF WAY LEVE OF SAID ALHAMBRA VALLEY ROAD:INE,\'CE SOUTH 01128'50"WEST 1116-44 FEET TO THE POM'OF BEGINNING. BEARINGS AND DISTANCES ARE BASED UPON THE CALIFORA174 COORDINATE SYSTE41 VAD27. .ZONE 111 TO GFT GROUND DISTANCE,S AwLTIPLY DLSTANcr;s SHON±N 6Y L000OR83. PREPARED DWDER THEDLREC-TIONOF- DAVID W ENKI~J-S,4071 DATED v EXPIRES6130106 i �.o g/�.0jo(q J / z / v 04105105 Site Acreage: 15 Ac Resolution #2005/784 Subdivision #028634 Zone#2703 "Exhibit "B" FF i ` IIl I ; �i ��> 0 100 200 400 N 54'10'20" E 57.20' N 20'44'20" E 23.80' N 21"43'40" W 83.69' N 49"44'40" W 68.49' N 23'58'20" E 70.19' N 76736'40" W 32.70' N 81°18'20" E 90.02' N 06"3440" W 64.17' N 53'5120" E- 115.79' N 39'15'20" E 109.99' N 29`44'40" W 12.17' p N 57'0747" W,958.93' JQ� O G� Lu G� S 88'27'40" E 192.61' N 01'3220" E 111.59' IT ¢� 4P J G� NN 85"48'30" E 100.14' FGA \ S 88°27'40" E 332.00' P.0.B. ALHAMBRA VALLEY ROAD S 01'28'50" W 1116.44' O O W J J BASIS OF BEARING: CENTERLINE OF ALHAMBRA VALLEY ROAD AV-11 TO AV-118 TAKEN AS SOUTH 01028'50" WEST. TITLE.- ALHAMBRA VALLEY OAKS ALHAAISRA VALLEY OAKS A� p TITLE..- SUBDIVISION 6634 /� Design fm* o res, !nG PLAT MAP "�'°'�"""""�""" DA TE: APRIL, 2005 1001» "" ""`"""[ NMUI C„M.GI1MN lIl90.JI[) f!,h)L]NJ100 SCALE.- 1" : 200' CONTRA COSTA COUNTY, CA o an,—;L \n1n99.On.PIt?hAAAFP PROP\FXHIRITS\n1092-2q PLAT-LEGAL-dwa.4/8/20051.3727 PM.Station c.HP LaserJet8150 - ORDINANCE NO. 2005-37 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 2703 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 2703 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 2703 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 2703 (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 2005-37 1 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 IA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section 111 113 herein. ARTICLE IIL 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, 2007 through June 30,2908J 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 2005-37 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 2703 in an election to be held February'21. 2006 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2007. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on December 20, 2005 by the following vote: AYES:SUPERVISORS AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: �-- Deputy BoardXhair Ordinance 2005-37 3 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 2703 in an election to be held February 21, 2006 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2007. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on December 20, 2005 by the following vote: AYES:SUPERVISORS AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: Deputy 13oar hair Ordinance 2005-37 3 Ordinance#2005-37 Subdivision #028634 Zone #2703 "Exhibit"A" LEGAL DFSCW77ON BOUNDARF THAT REAL PROPERTYSITUATE IN THE UNINCORPORATED PORTIO ti OFTHE CCI Uwy OF 00-AMA C'OST'A,STATE OFCiALB%ORNIA,DLSCRIBEV AS FOLLOWS. 4 PORTION OF THE RANCFIO EL PINOIE. BEING A PORTION OF THAT PARCEL OF LAND AS DELIMEATED UPON THAT CERTAIN RECORD OF SURVLY"RS 2125", AS.SAID SURVEY WAS FILED JU.VL• S, 1995, IN THE OFFICE OF THE COUNTYRECORDER, IN BOOK 107 OF LICENSED.SURVEYORS MAPS, AT PAGES 35 AND 36, CONTRA COSTA COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS SE ..NNING AT THE JXTEXTECTION OF THE IVESTERLY RJGHT OF WAY LINE OFALHA'rIBRA VALLEY ROAD 0'0 THE NORTH) WITH.THE NORTHERLY RIGHT OF WAY LINE OFRELIE7. VALLEY ROAD AND ALIIAiWIM VALLEY ROAD(f0 THE WEST); THENCE NORTH 57°07'47" WEST 95R_93 FEET: THENCE NORTH 06°34'40" WEST 64.17 FET:7, THENCE NOR77-176'36'40"WEST 3270FEET.-THENCE NORTH 49°44'40" WEST 68.49 FEET: THENCE NORTH 54`J0'20" EAST 57.20 FEET,• THEVCE NORTH 20°4470".EAST 23.80 FEET; THENCE NORTH 21043'40" WL:ST 83.69 FEET' THENCE NORTH 23058'20" EAST 70,19 FEET.' THENCE NORTH 8101820" EAST 90.02 FEET; TIIF.iVCF_ NORTH 53051'20" EAST 115.79 FEET,- TNENC.'E NORTIl3991570" EAST J09.99 FEET; THENCE NURTH 29044'40" WEST 12.77 FEEL- THENCE .SOUTH 88'27'40" EAST 192.61 FELT. THENCE NORTH 01°32'20" FAST 111.59 FEET:• THENCE NOR77-185°48'30" FUST 100.14 FELT. THENCE SOUTIJ. 88°27'40"EAST 332.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID ALhlAJaRA NAI LEY ROAD: TITENCE SOUTH 01'l8 50"WEST I J 16.44 FEETTO TIIE POLST OF BEG)WVWC. BEARINGS AND DISTANCLS ARE BASED UPON THE CALIFORNIA COORDINATE SYWFAf ,V l r)27: ZONE.III TOGETGR.O(INDDISTANCES,WULTIPLYDI.STANC'FSSHORNBYL0000883, PRL•PARED UNDER THE DIRECTION OF. DAVID W FWKF LS.4071 DATED ) EXPIRF,S61JO106 i �•(o g/�JIO(n 04/05/'05 Site Acreage: 15 Ac Ordinance#2005-37 Subdivision #028634 Zone#2703 "Exhibit `B" Ei j� L) 0 100 200 400 N 54°10'20" E 57.20' N 20'44'20" E 23.80' N ?1043'dG" W 83.69' N 49°44'40" W 68.49' N 23058'20" E 70.19' N 76036'40" W 32.70' N 81018'20" E 90.02' N 06034'40" W 64.17' N 5305120" E 115.79' N 39015'20" E 109.99' N 29'44'40" W 12.17' q N 57007'47" W 958.93' J, cc O G� LU ti S 88027'40" E 192.61' N 01032'20" E 11L59' Q 0 � OJ�� �\4 GO N 8\5°48'30" E 100.14' F0� \ \ S 86°27'40" E 332.00' P.D.B. ALHAMBRA VALLEY ROAD S 01028'50" W 1116.44' 0 Q O W J J N BASIS OF BEARING: W CENTERLINE OF ALHAMBRA VALLEY ROAD AV-11 TO AV-118 TAKEN AS SOUTH 01026'50" WEST. TITLE: ALHAMBRA VALLEY OAKS ALHAAWA VALLEY OAKS TITLE: SU601VIS1ON 6634 OA TE: APRIL, 2005 /�/ Dem Resources, !nc PLAT crap •� .�....�. w. n....c.rrw snnav rn u°maroo SCALE. I" _ 200' CONTRA COSTA COUNTY, CA I IAAAARR PRr)P\PSr HIRITS\01(197-D0 PIAT-L EGAL.awa.4/8/2005 13727 PN:. Station c.HP LaserJet 8150 ORDINANCE NO. 2005-37 ZONE 2703 FOR FISCAL YEAR JULY 1, 2007, THROUGH JUNE 30, 2008 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