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HomeMy WebLinkAboutMINUTES - 01222008 - SD.3I F...... TO: BOARD OF SUPERVISORS Contra ;; FROM: DENNIS M. BARRY, AICP Costa,.o s•.�. COMMUNITY DEVELOPMENT DIRECTOR County DATE: January 22, 2008 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 3005 FOR SUBDIVISION #SD058938 IN THE NORTH RICHMOND AREA (SUPERVISORIAL DISTRICT 1) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Adopt the Resolution authorizing an election for Zone 3005 in County Service Area P-6. (Resolution No. 2008/2) 2. Adopt the Ordinance establishing a fee for Police Service District for SD058938. (Ordinance 2008-01) CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE r^APPROVE OTHER SIGNATURE (S): ' ACTION OF BO DON " 4APPROVED AS RECOMMENDEDO ER VOTE OF'SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND ✓ 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 f)IMu.ary G?'/ 2009 JOHN CULLEN, CLERK OF THE BOARD OF cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR Elections-Rosa Mena Sheriff Coroner-Liz Arbuckle Audil.or-Controller BYV__,�16� DEPUTY Assessor Signature at Veranda LLC SDO58938.psd/fl January 22, 2008 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 Election Code Section 4000 and shall be held on the earliest date permitted by law. (March 25, 2008) BACKGROUND This application was approved by the County Planning Commission on January 9, 2007, with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 370-residential lots are allowed. Condition of Approval #46 of Subdivision #058938 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 January 22, 2008 by the following vote: AYES: G1,01a.,ll i t.Ketn j &pho, 15aLU and 6(aver NOES: &04C ABSENT: INOAIE ABSTAIN: No/4C SUBJECT: Creating County ) RESOLUTION NO. 2008/2 Service Area P-6 Zone 3005 ) (Gov. C. 25210.8 et seq (SUB 058938) ) in the North Richmond 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 3005 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. 2008-01 adopted this date is to be presented for approval of the voters of Zone 3005 of County Service Area No. P-6 by a March 25, 2008 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 2008-01 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 3005 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 Development cc: County Counsel Elections—Rosa Mena Sheriff-Coroner, Liz Arbuckle Auditor-Controller Assessor fl RESOLUTION NO: 2008/2 Resolution 42008/2 Subdivision #058938 Zone #3005 "Exhibit "A" Nove Investments Doc No. 2000-26426 County of Contra Costa Exhibit"A" Legal Description Real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: Being that Parcel described in the deed to Nove Investments recorded on February 09, 2000 in Document Number 2000-26426, Official Records of the County of Contra.Costa, State of California, described as follows: Beginning at the northwestern corner of said Parcel; thence along the northern line of said Parcel, South 88150'13"East, 742.94 feet; thence South 78025'23"East, 188.10 feet; thence South 88'50'13"East, 10.00 feet to the northeastern corner of said Parcel; thence along the eastern line of said Parcel, South 01°09'48"West, 1042.18 feet to the southeastern corner of said Parcel; thence along the southeastern line of said Parcel, South 57°00'00"West,440.98 feet to a curve to the right having a radius of 2287.00 feet, a delta of 08°59'37"; thence along said curve an arc length of 358.99 feet; thence South 65°59'37"West, 15.32 feet to a curve to the left having a radius of 2513.00 feet, a delta of 04117'42"; thence along said curve an arc distance of 188.38 feet to a reverse curve having a radius of 77.00 feet, a delta of 42°48'05";thence along said curve an are distance of 57.52 feet to a reverse curve having a radius of 138.00 feet, a delta of 03°35'31"; thence along said curve an are length of 8.65 feet to the southwestern corner of said Parcel; thence along the western line of said Parcel,North 00°35'08"East, 1600.49 feet to the Point of Beginning. Containing 29.2 acres,more or less. ND S�j 0 U V 9 -' No.5186 * Exp.06-30.09 Charles Sellman L.S. 6 9 OF CAS-�FO� Date Resolution #2008/2 Subdivision #058938 Zone #3005 "Exhibit "B" P.0.B-\ PJTTSBURG A1/ 58850'13'E _ _ 742.94' Sj 58850'13'E 8252,J•E- 10.00' >X i I I � ibo � � U o � � O fn 2000-E64E6 rx 3 c � I IU) co z � 3:z U o � Z " " R;�gB ooa (Y�2�$0 �0�•�� �2 kq0 9� 0 200 400 mini R x,251 -lag. 551° n1 rEr 1 inch = 200 it 655932 ,og5g c; ��,`� LEGEND P.O.B. POINT OF BEGINNING N CO (R) RADIAL o_ Z (T) TOTAL z SQ_FT. SQUARE FEET \N14 30'00 E(R) EXHIBITA "ObP��31°9'��dfl'K�°`°t-stteat° 9 11/2007 P,47e6 PM PDT uggeri — PLAT TO ACCOMPANY LEGAL DESCRIPTION nsen - FOR j zar S Asscx1ates 4580 DRIVE, SUITE PLFASANCA 94598 N0VE PROPERTY PHONE- (925) Z27-9100• FAX 925) =7-9300 SCALL DAT:: JOS NO_: CONTRA COSTA COUNTY, CALIFORNIA 1"=200' 09-11-07 1 031094 ORDINANCE NO. 2008-01 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 3005 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 3005 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 Il. 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 3005 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 3005 (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 2008-01 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 1II 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 1 B herein. ARTICLE I1I. 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, 2009 through June 30, 2010) 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 2008-01 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 3005 in an election to be held March 25, 2008 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2009. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on January 22, 2008 by the following vote: AYES:SUPERVISORS Gjo�a, U.i.1 KellltV,�l.Q,f1 7, P.t�n.�Ua. Cs�oue r' NOES: �,40AJ6 ABSENT: P.L©IIL6 ABSTAIN: Nbmc ATTEST: JOHN CULLEN, County Administrator and Clerk of the Board of Supervisors By: K& �4�_ Deputy B d Chair Ordinance 2008-01 3 Ordinance #2008-01 Subdivision #058938 Zone #3005 "Exhibit "A" Nove Investments Doc No. 2000-26426 County of Contra Costa Exhibit"A" Legal Description Real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: Being that Parcel described in the deed to Nove Investments recorded on February 09, 2000 in Document Number 2000-26426, Official Records of the County of Contra Costa, State of California, described as follows: Beginning at the northwestern corner of said Parcel; thence along the northern line of said Parcel, South 88°50'13"East, 742.94 feet; thence South 78°25'23"East, 188.10 feet; thence South 88°50'13"East, 10.00 feet to the northeastern corner of said Parcel; thence along the eastern line of said Parcel, South 01°09'48"West, 1042.18 feet to the southeastern corner of said Parcel; thence along the southeastern line of said Parcel, South 57°00'00"West, 440.98 feet to a curve to the right having a radius of 2287.00 feet, a delta of 08°59'37"; thence along said curve an arc length of 358.99 feet; thence South 65°59'37"West, 15.32 feet to a curve to the left having a radius of 2513.00 feet, a delta of 04°17'42"; thence along said curve an arc distance of 188.38 feet to a reverse curve having a radius of 77.00 feet, a delta of 42°48'05"; thence along said curve an arc distance of 57.52 feet to a reverse curve having a radius of 138.00 feet, a delta of 03°35'31"; thence along said curve an arc length of 8.65 feet to the southwestern corner of said Parcel; thence along the western line of said Parcel,North 00°35'08"East, 1600.49 feet to the Point of Beginning. Containing 29.2 acres, more or less: S S�9G� U U 9 —' No.5186 �t Exp.06-30-0' �Q Charles Sellman L.S. 6 �9OF CP��F�� �..�7 Date Ordinance #2008-01 Subdivision #058938 Zone#3005 "Exhibit `B" Pms3URG AVENUE S88 50'13 E 742.94' SSB, S88 50'13 E 10.00' 1BB�O, fX I I I I � � U � o " (11 0 2000--26426 ICU 0 5� 0 0 —N— U o S 0� 65 h$p5 p 9a R'�3 �a X52 p�•�1 „� 0 200 400 O�a$a 5�•p°°o IN FEET ) 1 inch = 200 ft 3 56515 32 , �0 C; LEGEND W o ,22��.p°37a9� ��Gp' P.O.B. POINT OF BEGINNING � (R) RADIAL o (T) TOTAL SQ.FT. SQUARE FEET \N14 30'00"E(R) EXHIBITA obP003.031U9,�exHbtt\pl¢t sttea�p 9,11,EM7 EA7.ffi PH PDT ugIerl PLAT TO ACCOMPANY LEGAL DESCRIPTION R ensen FOR ) r &Associates N0VE PROPERTY SHO CHABDT DRIVE, SUITE FAY PLEAS77-93 CA 94588 PHONE: (925) 727-9100 Fax (925) 227-93DO SCALE: DATE: JOB NO.: CONTRA COSTA COUNTY, CALIFORNIA 1"=200' 09-1 1-07 031094 ORDINANCE NO. 2008-01 ZONE 3005 FOR FISCAL YEAR JULY 1, 2009, THROUGH JUNE 30, 2010 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 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 IA-10A $200 62 Rural, W/or w/o Structure 1A-10A $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