HomeMy WebLinkAboutMINUTES - 12052006 - SD.2 TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP y Costa
COMMUNITY DEVELOPMENT DIRECTOR ' - . County
DATE: December 5, 2006
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 ZONE 1512 FOR SUBDIVISION
#SD048824 IN THE WALNUT CREEK AREA (SUPERVISORIAL DISTRICT III)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Adopt the Resolution authorizing an election for Zone 1512 in County Service Area
P-6. (Resolution No. 2006/131)
2. Adopt the Ordinance establishing a fee for Police Service District for SD048824.
(Ordinance 2006-08)
CONTINUED ON ATTACHMENT: X YES SIGNATURE
__,,,,RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTE
APPROVE _OTHER
SIGNATURES
�)��
ACTION OF BDON APPROVED AS RECOMMENDED V O HER
Opened ther7ic hearing, there were no public comments. Closed the public
hearing and accept Staff recogmendations.
VgTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
V UNANIMOUS(ABSENT 0L) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: —ABSTAIN: SUPERVISORS ON THE DATE SHOWN
/
Contact: Debi Foley-335-1215 ATTESTED��� 51
JOHN CULLEN, CLERK OF THE BOARD OF
cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR
Elections-Rosa Mena +
Sheriff Coroner-Connie Ames
Auditor-Controller BY����l/�� —,DEPUTY
Assessor
Katcar Properties LLC
SD048824.psd/df
December 5, 2006
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 6,
2007)
BACKGROUND
This application was approved by the County Planning Commission on February 22, 2005, with the
requirement to establish a Police Service District prior to recordation of the final map. A maximum of
15-residential lots are allowed.
Condition of Approval #46 of Subdivision #048824 requires the applicant to agree to place the
development in a "County Service Area" to augment police services based upon the use of the site.
The initial assessment is $200.00 per lot.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 5, 2006 by the following vote:
AYES: SUPERVISORS PIEPHO, UILKEMA,
GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT IV SEAT VACANT
SUBJECT: Creating County ) RESOLUTION NO.2006/131
Service Area P-6 Zone 1512 ) (Gov. C. 25210.8 &
(SUB 048824) ) 59000 ff.)
in the Walnut Creek 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 1512 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.
II
3. That Ordinance No. 2006-08 adopted this date is to be presented for approval of the voters of
Zone 1512 of County Service Area No. P-6 by a February 6, 2007 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No: 2006-08 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 1512 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. 2006/131
N
Resolution #2006/131
Subdivision #048824
Zone #1512
"Exhibit "A"
Land Description
For Police Services District Zone
Subdivision No. 8824
All that certain real property, situated in the County of Contra Costa and State of
California. described as follows:
Being a portion of Lots 14 and 17 of that certain subdivision map entitled"R. N. Burgess
Company's Map No. 1 Mount Diablo Boulevard Tract" filed May 6, 1912 in Book 7 of
Maps at Page 153 in the Records of Contra Costa County and being more particularly
described as follows:
COMMENCING at the southeast corner of that certain subdivision map entitled
"Subdivision 8075" filed April 6, 1998 in Book 398 of Maps at Page 47 in the Records of
Contra Costa County, said corner also being a point on the easterly line of said
subdivision (7 M 153); thence coincident with said easterly line South 18°34'40"East a
distance of 685.85 feet to the northeast corner of said Lot 14 and the TRUE POINT OF
BEGINNING; thence continuing coincident with said easterly line South 18°34'40" East
a distance of 191.70 feet; thence South 19°14'40" East a distance of 380.39 feet to the
southeast corner of Parcel Four as described in the deed to the Jochner Living Trust,
recorded January 20, 2004 as Document Number 2004-00017833 in Records of Contra
Costa County; thence departing said easterly line, coincident with the southerly line of
said Parcel Four, North 88°41'40" West a distance of 1,588.01 feet to a point on the
easterly right-of-way line of North Gate Road (25 feet wide); thence coincident with said
easterly right-of-way line North 26'24'10" West a distance of 201.38 feet to the beginning
of a tangent curve. concave to the East; thence coincident with said curve, having a radius
of 434.30 feet through a central angle of 47°37'30", an arc length of 361.00 feet; thence
North 21°13'20" East a distance of 9.06 feet to the northerly line of said Lot 14; thence
departing said easterly right-of-way line, coincident with the northerly line of said Lot 14
North 88°41'09" East a distance of 1,503.67 feet to the northeast corner of said Lot 14 and
the TRUE POINT OF BEGINNING and containing an area of 19.59 acres more or less.
The Basis of Bearings is the California Coordinate System Zone 3 as shown on said Map
of Subdivision 8075 (398 M 47).
End of description. %,ANp S�9L
BRYN M.
U WRIGHT p
No.8071
Np Exp 31 C7 `Q
Bryn M. Wri t, PLS #8071
License Expires 12/31/07 ��CAL�F�Q�
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
Resolution #2006/131
Subdivision #048824
Zone #1512 Z
OWNER:
KATCAR PROPERTIES, _hibit "B"
3740 SHADOWBROOK COURT
WALNUT CREEK, CA 94598 0' 100 200' 400'
(925) 935-0582
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POINT OF COMMENCEMENT
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DRAWN BY: DATE:
DAVID EVANS JLF 10-26-06
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5000 Executive Parkway,Suite 125 MERITAGE LANE I' = 200'
O San Ramon California 94583 JOB NO. REF.
Phone. 925.867.3380 SUBDIVISION No. 8824 LCARCOM-0001
Fax 925,867 3388 DWG PATH
SPM001 LCAR00000001-PSNH
NO. BY 1 DATE REVISIONS PLAT TO ACCOMPANY LAND DESCRIPTION SHEET 1 OF 1
CONTRA COSTA COUNTY CALIFORNIA
ORDINANCE NO. 2006-08.
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone 1512 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 1512 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 1512 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 1512 (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 2006-08
1
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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 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, 2007 through June 30, 2008) 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 2006-08
II
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: l ) 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 1512 in an election to be held June 13, 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 April 11, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: JOHN CULLEN, County Administrator and
Clerk of the Board of Supervisors
By:
Deputy B Chair
Ordinance 2006-08
Ordinance#2006-08
Subdivision.#048824
Zone#1512
"Exhibit "A"
Land Description
For Police Services District Zone
Subdivision No. 8824
All that certain real property, situated in the County of Contra Costa and State of
California, described as follows:
Being a portion of Lots 14 and 17 of that certain subdivision map entitled "R. N. Burgess
Company's Map No. 1 Mount Diablo Boulevard Tract" filed May 6, 1912 in Book 7 of
Maps at Page 153 in the Records of Contra Costa County and being more particularly
described as follows:
COMMENCING at the southeast corner of that certain subdivision map entitled
"Subdivision 8075" filed April 6, 1998 in Book 398 of Maps at Page 47 in the Records of
Contra Costa County, said corner also being a point on the easterly line of said
subdivision (7 M 153); thence coincident with said easterly line South 18°34'40" East a
distance of 685.85 feet to the northeast corner of said Lot 14 and the TRUE POINT OF
BEGINNING; thence continuing coincident with said easterly line South 18°34'40" East
a distance of 191.70 feet, thence South 19°14'40" East a distance of 380.39 feet to the
southeast corner of Parcel Four as described in the deed to the Jochner Living Trust,
recorded January 20, 2004 as Document Number 2004-00017833 in Records of Contra
Costa County; thence departing said easterly line, coincident with the southerly line of
said Parcel Four, North 88°41'40" West a distance of 1,588.01 feet to a point on the
easterly right-of-way line of North Gate Road (25 feet wide); thence coincident with said
easterly right-of-way line North 26'24'10" West a distance of 201.38 feet to the beginning
of a tangent curve, concave to the East; thence coincident with said curve, having a radius
of 434.30 feet through a central angle of 4737'30", an arc length of 361.00 feet; thence
North 21°13'20" East a distance of 9.06 feet to the northerly line of said Lot 14; thence
departing said easterly right-of-way line, coincident with the northerly line of said Lot 14
North 88°41'09" East a distance of 1,503.67 feet to the northeast corner of said Lot 14 and
the TRUE POINT OF BEGINNING and containing an area of 19.59 acres more or less.
The Basis of Bearings is the California Coordinate System Zone 3 as shown on said Map
of Subdivision 8075 (398 M 47).
End of description. iPNp 80,
BRYN M. F�
U WRIGHT 0
No.8071
N�A Enp.l 31 r
Bryn M. Wri t, PLS #8071 9TFpQ2
License Expires 12/3 1/07 Cf CA1�F
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
Ordinance #2006-08
Subdivision #048824
Zone#1512 Z
OWNER:
KATCAR PROPERTIES, exhibit `B"
3740 SHADOWBROOK COURT 0' 100' 200 400'
WALNUT CREEK, CA 94598
(925) 935-0582
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POINT OF COMMENCEMENT
SOUTHEAST CORNER OF
585 TRUE POINT
398 M 47 A�E 68 ' OF BEGINNING
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Fax: 925.867.3388 DWG PATH
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NO. BY DATE REVISIONS PLAT TO ACCOMPANY LAND DESCRIPTION SHEET 1 OF 1
CONTR4 COSTA COUNTY CAUFORNW
ORDINANCE NO. 2006-08 ZONE 1512
FOR FISCAL YEAR JULY 1, 2008, THROUGH JUNE 30, 2009
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 $I00
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 Home Parks $600
45 Theaters $600
46 Drive-In Theaters $400
47 Restaurants (not drive-in) $400
48 Multiple& Commercial $400
49 New Car Agencies $400
50 Vacant Land $100
(not part of 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 lA-l0A $200
70 Convalescent Hospitals/Rest Homes $400
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 tax code areas) $200
99 Awaiting Assignment $200