HomeMy WebLinkAboutMINUTES - 03261996 - SD3 r •.
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TO: BOARD OF SUPERVISORS Costa
n.
FROM: HARVEY E. BRAGDON n
Count
DIRECTOR OF COMMUNITY DEVELOPMENT '
`4
DATE: March 12 , 1996
A rouri`r`I
SUBJECT: Establishment of a Special Tax Area Zone 3100 within County Service
Area P-6, for a Police Service District for Subdivision #907582 . The
Site is Located along two separate sections of the southeasterly side
of Hillcrest Road beginning 200 feet South of Ramsey Court and ending
just North of #3600 Hillcrest Road in the E1 Sobrante Area (Parcel
#420-150-001, #420-150-002, -003, #420-172-045, #420-184-014)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the resolution creating a Police Service District zone
within the County Service Area P-6 and authorizing an
election.
2 . Adopt the Ordinance establishing a fee for the Police Service
District for SD907582
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 Code Section 1340 and
shall be held on the earliest date permitted by law.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Subdivision #907582 was approved by the County Planning Commission
on June 8 , 1993 . The major subdivision will create a total of
66 lots.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ION OF B RD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON March 26 , 1996 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 1 , 5 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Arthur Beresford - 335-1212
Orig: Community Development Department ATTESTED March 26 , 1996
cc: County Counsel PHIL BATCHELOR, CLERK OF
Sheriff-Coroner, Sgt. Julie Hayes THE BOARD OF SUPERVISORS
County Clerk - ElectionsA COUN Y ADMINISTRATOR
Auditor-Controller
Assessor BY , DEPUTY
Public Works
S�. 3
2 .
In compliance with Board policy, Condition *5 required the
developer of SD907582 to request the formation of a police service
zone for the property involved with this minor subdivision. The
initial assessment is $200. 00 per parcel.
The property owner has requested that an election to establish a
police service zone for their property involved in SD907582 be
set. The owner has paid the required fee.
AB/aa
BDVIII/907582 .AB
SD. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 26 , 1996 , by the following vote:
AYES: Supervisors Bishop, DeSaulnier and Smith
NOES: None
ABSENT: Supervisors Rogers and Torlakson
ABSTAIN: None
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBJECT: Creating County ) RESOLUTION NO. 96/100
Service Area P-6 Zone 3100) (Gov. C. 25210.8 &
(SUB 907582) ) 54900 ff.)
in the EI Sobrante Area and )
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 3100 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. 96-17 adopted this date is to be presented for approval of the
voters of Zone 3100 of County Service Area No. P-6 by a May 28, 1996 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 96-17 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 3100 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.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Orig. Dept:Community Development Board of Supe ora on he date shown.
cc: County Counsel ATTESTED.,
PHIL BA HELOR,Clerk a the Board
Sheriff-Coroner, Sgt. Julie Hayes of supe'is and County dministrator
County Clerk - Elections
Auditor-Controller °
Assessor By
r - Deouty
RESOLUTION NO. 96/100
EXHIBIT A
RESOLUTION 96/100
SUB 907582
ZONE 3100
Annexatioan to P-6 District
Subdivision 7582
Contra Costa County, California
Legal Duan
All that real Property located in the unincorporated lands of Contra Costa
County, State of California, described as follows:
Being a portion of Lots 25 and 26, as shown on the Map entitled "Map of North
Richmond, Contra Costa County, California" filed on April 6, 1908, in Book 1
of Maps, at Page 18, Contra Costa County Records, and a portion of Lot 126,
as shown on the Map of Rancho San Pablo filed March 1,1894, Contra Costa
County Records, described as follows:
BEGINNIM at the Northeast corner of said Lot 25 (1-M-18) ; thence from said
Point of Beginning South 88033114" East, 249.81 feet to the Northwest
corner of Lot 72, as said lot is shown on the map of "La Colina", filed April
14, 1941 in Book 25 of Maps, at Page 805, Contra Costa County Records; thence
along the exterior boundary of said "La Colina" the following three (3)
courses: South 01026126" West, 345.17 feet; South 39051'24" East, 199.38
feet; South 59025124" East, 45.11 feet; thence leaving said exterior
boundary South 29006129" West, 136.00 feet to the North line of La Cima
Road as designated on said "La Colina"; thence along said North line of La
Cima along a non-tangent curve to the right,. the center of which bears North
25006138" East, having a radius of 40.00 feet, through a central angle of
0011'12", an arc length of 0.13 feet to a point of reverse curvature;
thence along said reverse curve, the center of which bears South 25017150"
West, having a radius of 44.00 feet, through a central angle of 120041'14",
an arc length of 92.68 feet to a $pint of non-tangency, thence leaving said
North line of La Cima South 84 36136" West, 35.10 feet; thence South
25054118" West, 176.29 feet to the South line of said Lot 126; thence along
the exterior line of said Lot 126 the following two (2) courses: North
89002104" West, 180.04 feet; North 01021102" East, 34.35 feet to the
Southeast corner of said Lot 26 (1-M-18) ; thence along the exterior boundary
of said Lot 26 the following four (4) courses: North 88049138" West, 567.35
feet; North 31005130" West, 351.26 feet; North 73034139" West, 99.35
feet; North 16025121" East, 125.00 feet to the Northwest corner of said Lot
26, said point being on the centerline of Hillcrest Road, a county road;
thence along said centerline North 36045121" East, 309.72 feet; thence
leaving said centerline South 19044'39" East, 96.89 feet; thence North
70015'21" East, 100.00 feet; thence North 19044139" West, 163.08 feet to
said centerline of Hillcrest Road; thence along said centerline North
36045121" East, 50.00 feet to the Northwest corner of said Lot 25 (1-M-18) ;
thence along the North line of said Lot 25 South 89006109" East, 535.51 to
the POINT OF BEGINNING.
Excepting Therefrom:
All that land described in the Deed to Bailey, recorded in Book 8120 of
Official Records, at page 397, Contra Costa County Records.
Containing 17.56 Acres, more or less.
EXHIBIT A
RESOLUTION 96/100 ��•
SUB 98�582
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ORDINANCE NO. 96-17
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
3100 of 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 3100 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 3100 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 96-17
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3 . Contra Costa County Service Area P-6 Zone 3100 (here-
inafter 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 B 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.
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 lA 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, 1997
through June 30, 1998) shall be the Amount of Tax Per Parcel for a
Property Use Code Category as set forth on Exhibit C incorporated
herein.
-2-
ORDINANCE NO. 96-17
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.
-3-
ORDINANCE NO. 96-17
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 inconsis-
tent 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 inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, 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 collect-
ing 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, irrespec-
tive 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 in
an election to be held May 28 , 1996 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 1997 .
-4-
ORDINANCE NO. 96-17
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
3/26/96 by the following vote:
AYES: SUPERVISORS Bishop, DeSaulnier and Smith
NOES: None
ABSENT: Supervisors Rogers and Torlakson
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: cim
DepTy Bo C it
VJW:df
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-5-
ORDINANCE NO. 96-17
EXHIBIT A
ORDINANCE 96-17
SUB 907582
ZONE 3100
Annexation to P-6 District
Subdivision 7582
Contra Costa County, California
Legal Description
All that real Property located in the unincorporated lands of Contra Costa
County, State of California, described as follows:
Being a portion of Lots 25 and 26, as shown on the Map entitled "Map of North
Richmond, Contra Costa County, California" filed on April 6, 1908, in Book 1
of Maps, at Page 18, Contra Costa County Records, and a portion of Lot 126,
as shown on the Map of Rancho San Pablo filed March 1, 1894, Contra Costa
County Records, described as follows:
BE3DWIM at the Northeast corner of said Lot 25 (1-M--18); thence from said
Point of Beginning South 88033114" East, 249.81 feet to the Northwest
corner of Lot 72, as said lot is shown on the map of "La Colina", filed April
14, 1941 in Book 25 of Maps, at Page 805, Contra Costa County Records; thence
along the exterior boundary of said "La Colina" the following three (3)
courses: South 01026126" West, 345.17 feet; South 39051124" East, 199.38
feet; South 59025124" East, 45.11 feet; thence leaving said exterior
boundary South 29006129" West, 136.00 feet to the North line of La Cima
Road as designated on said "La Colina"; thence along said North line of La
Circa along a non-tangent curve to the right,. the enter of which bears North
25006138" East, having a radius of 40.00 feet, through a central angle of
0011'12", an arc length of 0.13 feet to a point of reverse curvature;
thence along said reverse curve, the center of which bears South 25017150"
West, having a radius of 44.00 feet, through a central angle of 120041'14",
an arc length of 92.68 feet to a goint of non-tangency, thence leaving said
North line of La Lima south 84 36136" West, 35.10 feet; thence South
25054118" West, 176.29 feet to the South line of said Lot 126; thence along
the exterior line of said Int 126 the following two (2) courses: North
89002104" West, 180.04 feet; North 01021102" East, 34.35 feet to the
Southeast corner of said Lot 26 (1-M-18); thence along the exterior boundary
of said Lot 26 the following four (4) courses: North 88049138" West, 567.35
feet; North 31005130" West, 351.26 feet; North 73034139" West, 99.35
feet; North 16025121" East, 125.00 feet to the Northwest corner of said Lot
26, said point being on the centerline of Hillcrest Road, a county road;
thence along said centerline North 36045121" East, 309.72 feet; thence
leaving said centerline South 19044'39" East, 96.89 feet; thence North
70015'21" East, 100.00 feet; thence North 19044139" West, 163.08 feet to
said centerline of Hillcrest Road; thence along said centerline North
36045121" East, 50.00 feet to the Northwest corner of said Lot 25 (1-M-18);
thence along the North line of said Lot 25 South 89006109" East, 535.51 to
the POINT! OF BEGI20BM.
Excepting Therefrom:
All that land described in the Deed to Bailey, recorded in Book 8120 of
Official Records, at page 397, Contra Costa County Records.
Containing 17.56 Acres, more or less.
EXHIBIT A
. ORDINANCE 96-17
SUP 997682
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ORDINANCE NO..96-17 SUB 907582 ZONE 3100
FOR FISCAL YEAR JULYS, 1997;i�g0U6H-*�TUNE 3( ---1798
EXHIBIT C .
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 100
1 res., 1 site
12 Single Family Residence - $ 100
1 res.,2 or more sites
13 Single Family Residence - $ 100
2 res: on 1 or more sites
14 Single Family Residence- $ 100
other than single tam. land
15 Misc. Improvements- 1 site $ 100
16 Misc. improvements - $ 100
2 or more sites
17 Vacant- 1 site $ 50
18 Vacant-2 or more sites $ 50
19 Single Family Residence - $ 100
Det. w/common area
20 Vacant - Multiple $ 50
21 Duplex $ 100
22 Triplex $ 100
23 Fourplex $ 100
24 Combinations $ 100
25 Apartments (5 -12 units) $ 200
26 Apartments (13- 24 units) $ 200
27 Apartments (25-59 units) $ 300
28 Apartments (60+ units) $ 400
29 Attached PUDs: $ 100
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 50
31 Commercial Stores - $ 300
Not Supermarkets
32 Small Grocery Stores $ 300
(7-11, etc.)
33 Office Buildings $ 200
34 Medical, Dental $ 200
- 5�• 3
35 Service Stations, Car Wash $ 200
36 Garages $ 200
37 Community Facilities $ 400
(recreational, etc.)
38 Golf Courses $ 200
39 Bowling Alleys -- $ 200
40 Boat Harbors $ 200
41 Supermarkets $ 300
(not shopping centers)
42 Shopping Centers S 400
43 Financial Buildings $ 200
(ins.,Title, Banks, S&L)
44 Motels, Hotels & Mobile S 300
Home Parks
45 Theaters S300
46 Drive-In Restaurants S 200
47 Restaurants (not drive-in) S 200
48 Multiple & Commercial S 200
49 New Car Agencies S 200
50 Vacant Land ( not part of S So
ind. park or P. & D.)
51 Industrial Park S 400
52 Research & Development S 200
53 Light Industrial S 200
54 Heavy Industrial S 200
55 Mini Warehouses (public Storage) 5 300
56 Misc. Improvements S 200
61 Rural, Res. Improvement 1A-10A S 100
62 Rural, w/or w/o Structure 1 A-10A S 100
70 Convalescent Hospitals/ S 200
Rest Homes
73 Hospitals 5 200
74 Cemeteries/Mortuaries 5 200
75 Fraternal & Service Organizations S 200
76 Retirement Housing Complex S 300
78 Parks & Playgrounds 5 400
85 Public & Private Parking $ 200
87 Common Area $ 200
88 'Mobile Homes $ 100
89 Other (split parcels in different $ 100
tax code areas).
99 Awaiting Assignment $ 100