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HomeMy WebLinkAboutMINUTES - 10162007 - SD.3 n %!• L 5D. TO: BOARD OF SUPERVISORS f Contra = Costa FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR `' �' County �J .rq-Yfiii wr DATE: October 16, 2007 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 3109 FOR SUBDIVISION #SD058940 IN THE EL SOBRANTE AREA (SUPERVISORIAL DISTRICT 1) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Adopt the Resolution authorizing an election for Zone 3109 in County Service Area P-6. (Resolution No. 2007/462) 2. Adopt the Ordinance establishing a fee for Police Service District for SD058940. (Ordinance 2007-38) CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER ';��SIGNATURES : ACTION OF BO DON fl-I APPROVED AS RECOMMENDED O HER THE CHAIR 0 THE PUBLIC HEARING, THERE WERE NO.PUBLIC SPEAKERS. THE CHAIR CLOSED THE PUBLIC HEARING: ACCEPTED STAFF RECaIMIDATIONS AS LISTED. VT E OF SUPERVISORS J� I HEREBY CERTIFY THAT THIS IS A TRUE AND NY -UNANIMOUS(ABSENT 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: Foster Lee,335-1313 ATTESTED JOHN CULLEN, CLERK OF THE BOARD OF cc:Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR Elections-Rosa Mena Sheriff Coroner-Liz Arbuckle Auditor-Controller BYE, DEPUTY Assessor Irwin and Betty Ku SD058940.psd/fl ! October 16, 2007 3. Direct the County Clerk to conduct the election required by Government Code Section 53978. This election shall be conducted by mail ballot pursuant to Elections Code Section 4000 and shall be held on the. earliest date permitted by law. (December 18, 2007) BACKGROUND This application was approved by the Zoning Administrator on October 10,2005,with the requirement to establish a Police Service District prior to recordation of the final.map. A maximum of 44 condominium units are allowed. Condition of Approval #33 of Subdivision #058940 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 October 16, 2007 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, BONILLA,AND.PIEPHO NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE SUBJECT: Creating County ) RESOLUTION NO.2007/462 Service Area P-6 Zone 3109 ) (Gov. C. 25210.8 et seq.) (SUB 058940) ) in the El Sobrante 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 3109 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.2007-38 adopted this date is to be presented for approval of the voters of Zone 3109 of County Service Area No. P-6 by a December 18, 2007 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2007-38 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 3109 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 4000 et seq.) and shall be held as specified above. A synopsis of the Ordinance may be used. Orig. Dept:Community Dcvelopment cc: County Counsel Elections—Rosa Mena Sheriff-Coroner, Liz Arbuckle Auditor-Controller Assessor fl RESOLUTION NO: 2007/462 Resolution 42007/462 Subdivision #058940 Zone#3109 "Exhibit"A" September 1,2007 04-854 -LEGAL DESCP 7PTION-POLICE SERVICE DISTRICT 5312-5324 D'AVILLA WAY.EL SOBRANTE-SUBDMSION 8940 A.P.N.433-230-008-8 Real property in an unincorporated area of Contra Costa County,California. A portion of Lot 25,as designated on the Map entitled"Map of Rancho El Sobrante, Accompanying and Forming a.Part of the Final Report of the Referees in Partition of said Rancho",which Map was filed in the Office of the County Recorder of the County of Contra Costa,State of Califoriia,.en March 14, 1910,described as follows: Beginning at the intersection of San Pablo Dam Road,as it exists today,with the eastern line of die piope«y described in the deed to the David P.and Anita I.Ldnioue Revocable Trust, recorded November 22,2000,under Series Number 2000-0262438,Contra Costa County Records;thence North 9'.19'25"Fast,94.30 feet;thence North 32°58'02"East,78.00 feet; thence South 19°09'28"West,37.60 feet;thence North.60'56'32"Last,72.00 feer,thence North 79059'32"East,94.65 feet;thence North 67041102"East,48.19 feet thence North 8I°28'32" East,32.42 feet;thence North 26'39'32"East,29.19 feet;thence North 50040'58"blest,4837 feet;thence North 23°57'28'°West,60.59 feet;thence North 5334'29"East,44.6.,2 feet;thence South 30'16'58"East, 10.43 feet;thence North 32°06'13"East,38.43 feet;thence South 44°39'47"East,234.11 feet to the western line of D'AvilIa Way,thence along said lino of D'Aviila Way,South 19005'08"West, 119.90 feet;thence along the arc of a curve to the left, with a Radius of 228.00 feet,an Arc distance of 61.87 feel;thence South 3'32'13"West,43.76 feet,thence along the arc of a curve to the left,with a Radius of 172.00 feet,an Arc distance of 124.34 feet;thence North 48'31'58"West,4425 feet;thence South 2'16'58"East,56.13 feet; thence South 49'59'02"West,77.60 feet;thence along the arc of a curve to the right,with a Radius of 172.00 feet,an Arc distance of 10.35 feet;thence North 40°0.1'18"West, 11.69 feet; thence South 49'59'02"West,20.00 feet;thence South 40'01'1 87'East,7.94 feet;thence along the arc of a curve to the right,with a Radius of 172.00 feet,an Arc distance of 23.03 feet;thence South 70007'13"West,98.09 feet;thence along the arc of a curve to the right,with a Radius of 20.00 feet,an Arc distance of 25.06 feet to the eastern line of said San Pablo Dam Read;thence along said line along the arc of a curve to thexighi,with a Radius of 945-00 feet-an Arc distance of77.57 feet,thence North 33'31'46"West, 19037 feet,to the Point of Beginning. r�l�ll3� Contains an area of approximately 171,818 square feet(3.94 acres). L J, rb R► .L END OF DOCUMENT !"` `c" �, I Z_ Resolution #2007/462 Subdivision #05N940 Zone#3109 "Exhibit"B" APN 433-230-011 �d LEIMCNE a° 2000-0262438 78.00' . N32'5602 E 530'16'58"E APN a33-230-025 N5334`9' 10.43 433_230,004 Og,p �oi�NgOss' W 44 62' E pp" Kp553eo3 N g 71 32'f g? 1 . 2003_ 0,s5' to�.�n N32'06'13 E g j O &600 �4�. o v �+ N26.3g'32"E Z o 0� LOT I 29'19 a z �m 0 a M O O a CN .� SUBDIVISION 8940 a Y Q NLn N C6` AREA=171,818± SO. FT. 3.94 ACRES Oa~� 5198 g0 OL6 C5 S90o'' L5 L3 C1 .09:3 fy L4 L2 L1 C4 /S4.9-5 g,02"W ��1 C3 '6p C2 POLICE SERVICE DISTRICT BOUNDARY MAP �® FOR SUBDIVISION 8940 ��� �• �`�� 5312 - 5324 _D'AVILLA WAY Ho. 170 PORTIONS OF LOTS 25 do 32, MAP OF THE RANCHO EL SOBRANTE, `i 'p FILED MARCH .14, 1910, RECORDS OF CONTRA COSTA COUNTY. CITY OF EL SOBRANTE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. FEBRUARY, 2007 SCALE 1" 100' BAY AREA LAND SURVEYING INC. oFc� 1828 BONITA ROAD RICHMOND, CALIFORNIA 94806 `I. (510) 232-3095 A.P.N. 433-230-008-8 SHT. 1 OF 1 F.B. N 156 /D'AVILLA884BND8.5X11.DWG JOB N 04-884 ORDINANCE NO. 2007-38 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 3109 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 '3109 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 tar 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 3109 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 3109 (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 2007-38 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 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1 B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES I. The tax peryear 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, 2008 through June 30. 2009) 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 2007-38 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 3109 in an election to be held December 18, 2007 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2008. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on October 16, 2007 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA,BONILLA,AND PIEPHO NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE ATTEST: JOHN CULLEN, County Administr o an Clerk of the Board of Supervisors By: � Deputy air Ordinance 2007-38 3 Ordinance 92007-38 Subdivision 4058940 Zone#3109 "Exhibit"A" September 1,?007 04-884 LEGAL DESCP?UTION-POLICE SERVICE DISTRICT 5312-5324 D'AVILLA WAY.EL SOBRANTE-SUBDIVISION 8940 A.P.N.433-230-008-8 Real property in an unincorporated area ofContm Costa County,California. A portion of Lot 25,as designated on the Map entitled"Map of Rancho El Sobraute, Accompanying and Forming a Part of the Final Report of the Referees in Partition of said Rancho",which Map was filed in the Office of the County Recorder of the County of Contra Costa,State of California,on March 14, 1910;described as follows; Beginning at the intersection.of San Pablo Dam Road,as it exists today,with the eastern line of the proper-ty described in the deed to the David P.and Anita J.Leitrone Revocable Trust, recorded November 22,2-300,under Series Number 2000-02624138,Contra Costa County Records;thence North 9'1 9'22T'East,94.30 feet;thence North 32°58'02"East,78.60 feet• thence South 19°09'28"West,37.60 feet;thence North 60°56'32"East,72.00 feet,thence North 79159'32"East,94.65 feet;thence North 67°41'02"East,48.19 feet;thence North 8I°28'32" East,32.42 feet;thence North 26039'32"East,29.19 feet;thence North 50'40'58"West,48.37 feet,thence North 23057'28"West,60.59 feet;thence North 53°34'29"East,44.62 feet;thence South 30'16'58"East, 10.43 feet;thence North 32°06'13"East,88.43 feet;thence South 44139'47"East,234.11 feet to the western line of D'Avilla Way,thence along said line of D'Avilla Way,South 19°05'08"West, 119.90 feet;thence along the arc of a curve to the left, with a Radius of 228.00 feet,an Arc distance of 61.S7 feet;thence South 3'32'13"West,43.76 feet;thence along the are of a curve to the left,with a Radius of 172.00 feet,an Arc distance of 124.14 feet;thence North 48°31'58"West,44.25 feet;thence South"16'58"East,56.1.=feet; thence South 49°59'02"West,77.60 feet;thence along the arc of a curve to the right,with a Radius of 172.00 feet,an Are distance of 1 G.35 feet;thence North 40'0.1'1 8"West, 11.69 feet; thence South 49°59'02"West,20,00 feet;thence South 40'01'18"East,7.94 feet;thence aiong the arc of a curve to the right,with a Radius of 172.00 feet,an Arc distance of 23.03 feet;thence South 70'07'13"West,98.09 feet-,thence along the arc of a curve to the right,with a Radius of 2Q.00 feet,an Are distance of 25.06 feet to the eastern line of said Sap.Pablo Dam Road;thence along said line along the arc of a curve to the.right,with a Radius of 945.00 feet an Arc distance of 77.57 feet;thence North 33°31 V46"West, 190.37 feet,to the Point of Beginning. Contains an area of approximately 171,818 square feet(3.94 acres). END OF DOCUMENT ' F ter'[ `� �-a7 Ordinance 42007-38 Subdivision #058940 Zone#3109 "Exhibit"B" APN 433-230-011 LEIMONE a° 2000-0252438 78.00 " N32.58'O2 E APN 433 NS 530'1 438"E 004 O N6o• 230-025 �3 44 62 g f 1 O• APN 433-1fZK0 803 Ss' ,� n h pp. S96S• ro�.�n N32*06'13"E 88.a3 � ' wo�i F 'b8 •� 2� 3 100 O $1-4 'o 819?F. F C) N N 0 a . ;h r N26.39 32 E z o 0N 2 OT 1 2 L 919 v Z moo a M C SUBDIVISION S940 a y Q N 1� C6` AREA=171,818± SO. FT. 3.94 ACRES •* S�9 oa 9 OL6 C5 S9 p,, L5 L3 C1 � .09 ft / L4 L2 LI Ca Sag 59'02"►y Sl C3 7760- C2 POLICE SERVICE DISTRICT BOUNDARY MAP FOR SUBDIVISION 8940 ��� ���-�•�®�,�� .5312 - 5324 D'AVILLA WAY PORTIONS OF LOTS 25 & M. MAP OF THE RANCHO EL SOBRANTE, d �J E'�0`7�7m FILED MARCH 14, 1910, RECORDS OF CONTRA COSTA COUNTY, CITY OF EL SOBRANTE, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA. • FEBRUARY, 2007 SCALE 1' - 100' BAY AREA LAND SURVEYING INC. 01rc 1828 BONITA ROAD < RICHMOND, CALIFORNIA 94806 . (510) 232-3095 ^(�-0 7 A.P.N. 433-230-008-8 SHT. 1 OF 1 F.B. # 156 /D'AVILLA884BND8.5X11.DWG JOB # 04-884 ORDINANCE NO. 2007-38 ZONE 3109 ULY 1. 2008, THROUGH JUNE 30, 2009 FOR FISCAL YEAR J 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 I 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 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 ]A-10A $200 62 Rural, W/or w/o Structure 1 A-I OA $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