HomeMy WebLinkAboutMINUTES - 01242006 - SD.2 TO:, BOARD OF SUPERVISORS S D.
ff. ~ Contra `
FROM: DENNIS M. BARRY, AICP ` Costa
COMMUNITY DEVELOPMENT DIRECTOR u" County
DATE: January 24, 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
THE FOLLOWING ZONE: ZONE 2704, SUBDIVISION #SD058947 IN THE MARTINEZ AREA
(SUPERVISORIAL DISTRICT 1)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 2704 in County Service Area P-6.
(Resolution No. 2006/12)
2. Adopt the Ordinance establishing a fee for Police Service District for SDO58947.
(Ordinance 2006-03)
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 28, 2006)
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the Zoning Administrator September 12,2005,with the requirement to establish a
Police Service District prior to recordation of the final map. A maximum of 7 residential lots are allowed.
Condition of Approval#49 of Subdivision#058947 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
SIGNATURES
ACTION OF BO O APPROVED AS RECOMMENDED v, 9tHER
CLOSED THE PiAIC HARING, 0 PUBLIC TESTIMONY; APPROVED BY UNANIMOUS VOT9 WITHPALL
BOARD MEMBERS PRESENT.
V TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS ISATRUEAND CORRECT COPY
_UNANIMOUS(ABSENT 1 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—335-12.15 ATTESTED -
cc: Community Development Department(CDD) JOHN SWEET ,CLERK7OFElections-Rosa Mena THE BOARD SUPERVSheriff-Coroner-Gloria Sutter AND COUN ADMINIST
County Clerk-Elections
Auditor-Controller
Assessor BY J ,DEPUTY
SD058947.psdfdf
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 24, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Creating County ) RESOLUTION NO. 2006/12
Service Area P-6 Zone 2704 ) (Gov. C. 25210.8 &
(SUB 058947) ) 59000 f£)
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 2704 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.2006-03 adopted this date is to be presented for approval of the voters of
Zone 2704 of County Service Area No. P-6 by a March 28, 2006 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2006-03 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 2704 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 maybe used.
Orig. Dept:Community Development
cc: County Counsel
Elections—Rosa Mena
Sheriff=Coroner, Gloria Sutter
Auditor-Controller
Assessor
df
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RESOLUTION NO. 2006/12
Resolution #2006/12
Subdivision #058947
Zone#2704
"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:
PORTION OF THE RANCHO EL PINOLE, DESCRIBED AS FOLLOWS:
BEGINNING AT A NAIL ON THE NORTH LINE OF A COUNTY ROAD KNOWN AS ALHAMBRA VALLEY ROAD AT
THE MOST EASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM A. JOSEPH TAVAN
TO C. A. RICKS, ET UX, RECORDED OCTOBER 14, 1943, IN BOOK 750 OF OFFICIAL RECORDS,,AT PAGE 320;
THENCE FROM SAID POINT OF BEGINNING NORTH 580 37' WEST ALONG THE NORTHEAST LINE OF SAID
RICKS PARCEL, 983.20 FEET TO THE CENTER LINE OF VACA CREEK; THENCE ALONG SAID CENTER
LINE AS FOLLOWS: SOUTH 49° WEST, 83 FEET; SOUTH 19° 30' WEST, 50.5 FEET; SOUTH 75° WEST, 26
.FEET; NORTH 60° WEST, 31 FEET; NORTH 101 15' WEST, 52 FEET; NORTH 650 30' WEST, 38.5 FEET; SOUTH
53° WEST, 23.5 FEET; SOUTH 35° WEST, 78.5 FEET; SOUTH 460 30' EAST, 36 FEET; SOUTH 110 45' EAST,
31.5 FEET; SOUTH 480 WEST, 34.5 FEET; SOUTH 200 45' WEST, 85.5 FEET; SOUTH 59° 15' WEST, 25 FEET;
SOUTH 350 WEST, 47 FEET; "NORTH 650 30' WEST, 59 FEET; SOUTH 150 30' WEST, 76 FEET; SOUTH 30 30'
-" WEST, 51 FEET; SOUTH 680 30' EAST, 41 FEET; SOUTH 160 30' EAST 59 FEET; SOUTH 500 30' EAST, 34
FEET; SOUTH"71 EAST, 83.5 FEET; SOUTH 270 WEST, 24 FEET; SOUTH 36° 30' WEST, 25 FEET; SOUTH 130
51' EAST, 76.03 FEET; SOUTH 110 40' WEST, 36 FEET; SOUTH 710 30' WEST, 34 FEET; NORTH 590 WEST,
102 FEET; SOUTH 520 30' WEST, 87 FEET AND SOUTH 650 30' WEST, 35.02 FEET TO THE EAST LINE OF THE
PARCEL OF LAND DESCRIBED IN THE DEED FROM C. A. RICKS, ET UX, TO THOMAS G. HEATON, ET UX,
RECORDED OCTOBER 25, 1944, IN BOOK 784 OF OFFICIAL RECORDS, AT PAGE 210; THENCE SOUTH 199 28'
40" EAST ALONG SAID EAST LINE, 238.52 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID ALHAMBRA
VALLEY ROAD; THENCE ALONG SAID NORTH LINE NORTH 690 54' 30" EAST, 1324.62 FEET TO AN IRON PIPE
AND NORTH 630 13' 50' EAST, 54.23 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
ALL THAT PORTION THEREOF LYING WITHIN THE BOUNDARIES OF SUBDMSION 6060 FILED JUNE 15,
19841 IN BOOK 280 OF MAPS, PAGE 17, CONTRA COSTA COUNTY RECORDS.
(Being APN 367-140-010)
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Resolution #2006/12
Subdivision #058947
Zone#2704
"Exhibit "B"
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SITE INFORMATION - {
APN 367-140-010-3 r'
5240 ALHAMBRA VALLEY ROAD
MARTINEZ, CA 94553-9739
PARCEL IS 7.01 t ACRES (PER C.C.C. ASSESSOR)
2
SUBDIVISION BOUNDARY:
THE SUBDIVISION BOUNDARY LINE SHOWN
UPON THIS MAP IS NOT BASED UPON A
FIELD SURVEY, BUT IS AN APPROXIMATE
BOUNDARY COMPILED FROM AVAILABLE
0 100 200 400 PUBLIC RECORD DATA.
TITLE: GATEWAY ESTATES GATEWAY ESTATES
TITLE: SUBDIVISION 8947 PIA Design Resources, Inc_
PLAT MAP P,.,�o P E �.8tn9.p9Ly
DA TE: DECEMBER, 2005 100•°°'"° °°'R°'C.9"'°'O0
W� l Creek.C�9/erNk 91390-7102 TEL(923)210-9300
SCALE: 1" = 200' CONTRA COSTA COUNTY, CA
ORDINANCE NO. 2006-3.
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone2704 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE 1. 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 2704 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 2704 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 2704 (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 2006-03
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 III IB 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 2006-03
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 2704 in an election to be held March 28, 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 January 24, 2006 by the following vote:
AYES: Uilke ma,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: JOHN SWEETEN, County Administrator and
Clerk of the Board of Supervisors
By:
Deputy Bo Chair
Ordinance 2006-03
3
Ordinance#2006-03
Subdivision #058947
Zone#2704
"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:
PORTION OF THE RANCHO EL PINOLE, DESCRIBED AS FOLLOWS:
BEGINNING AT A NAIL ON THE NORTH LINE OF A COUNTY ROAD KNOWN AS ALHAMBRA VALLEY ROAD AT
THE MOST EASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM A. JOSEPH TAVAN
TO C. A. RICKS, ET UX, RECORDED OCTOBER 14, 1943, IN BOOK 750 OF OFFICIAL RECORDS, AT PAGE 320;
THENCE FROM SAID POINT OF BEGINNING NORTH 580 37' WEST ALONG THE NORTHEAST LINE OF SAID
RICKS PARCEL, 983.20 FEET TO THE CENTER LINE OF VACA CREEK; THENCE ALONG SAID CENTER
LINE AS FOLLOWS: SOUTH 490 WEST, 83 FEET; SOUTH 190 30' WEST, 50.5 FEET; SOUTH 750 WEST, 26
FEET; NORTH 60° WEST, 31 FEET; NORTH 10° 15' WEST, 52 FEET; NORTH 650 30' WEST, 38.5 FEET; SOUTH
53° WEST, 23.5 FEET; SOUTH 350 WEST, 78.5 FEET; SOUTH 460 30' EAST, 36 FEET; SOUTH 110 45' EAST,
31.5 FEET; SOUTH 480 WEST, 34.5 FEET; SOUTH 200 45' WEST, 85.5 FEET; SOUTH 59° 15' WEST, 25 FEET;
SOUTH 350 WEST,47 FEET; NORTH 65° 30' WEST, 59 FEET; SOUTH 150 30' WEST, 76 FEET, SOUTH 3° 30'
WEST, 51 FEET; SOUTH 680 30' EAST, 41 FEET; SOUTH 160 30' EAST 59 FEET; SOUTH 500 30' EAST, 34
FEET; SOUTH 70 EAST, 83.5 FEET; SOUTH 270 WEST, 24 FEET; SOUTH 361 30' WEST; 25 FEET; SOUTH 130
51' EAST, 76.03 FEET; SOUTH 110 40' WEST, 36 FEET; SOUTH 710 30' WEST, 34 FEET; NORTH 590 WEST,
102 FEET; SOUTH 520 30' WEST, 87 FEET AND SOUTH 650 30' WEST, 35.02 FEET TO THE EAST LINE OF THE
PARCEL OF LAND DESCRIBED IN THE DEED FROM C. A. RICKS, ET UX, TO THOMAS G. HEATON, ET UX,
RECORDED OCTOBER 25, 1944, IN BOOK 784 OF OFFICIAL RECORDS, AT PAGE 210; THENCE SOUTH 190 28
40" EAST ALONG SAID EAST LINE, 238.52 FEET TO AN IRON PIPE ON THE NORTH LINE OF SAID ALHAMBRA
VALLEY ROAD; THENCE ALONG SAID NORTH LINE NORTH 690 54' 30" EAST, 1324.62 FEET TO AN IRON PIPE
AND NORTH 630 13' 50' EAST, 54.23 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
ALL THAT PORTION THEREOF LYING WITHIN THE BOUNDARIES OF SUBDMSION 6060 FILED JUNE 151
1984, IN BOOK 280 OF MAPS, PAGE 17, CONTRA COSTA COUNTY RECORDS.
(Being APPN 367-140--010)
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Ordinance#2006-03
Subdivision #058947
Zone#2704
"Exhibit "B"
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SITE INFORMATION '
APN 367-140-010-3 ON
5240 ALHAMBRA VALLEY ROAD
MARTINEZ, CA 94553-9739
PARCEL /S 7.01 ACRES (PER C.C.C. ASSESSOR)
t
SUBDIVISION BOUNDARY:
THE SUBDIVISION BOUNDARY LINE SHOWN
UPON THIS MAP IS NOT BASED UPON A
FIELD SURVEY, BUT IS AN APPROXIMATE
BOUNDARY COMPILED FROM AVAILABLE
D 100 200 400 PUBLIC RECORD DATA.
TI TL E: GA TE WA Y ES TA TES GA TE WA Y ES TA TES
TITLE: SUBDIVISION 8947 PIA Design Resources, Inc_
PLAT MAP p,E,91.18■E ;E..
E, ,�.SWw�
DA TE: DECEMBER, 2005 1200 Y�,e Val.,
SWI.100
W.M,j Creek
-C01../.9159E-3167 TEL(025)210-9300
SCALE: 1" = 200' CONTRA COSTA COUNTY, CA
ORDINANCE NO: 2006-03 ZONE 2704
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