HomeMy WebLinkAboutMINUTES - 05061997 - SD2 .. ............
L SYi�
- Contra
TO: - BOARD OF SUPERVISORS '� Costa
County
FROM: HARVEY E. BRAGDON titi4°
DIRECTOR OF COMMUNITY DEVELOPMENT �•' -
•c3'
COsr'9 COUl1'f�
DATE: May 6 , 1997
SUBJECT: Establishment of a Special Tax Area, Zone 1503 within County Service
Area P-6, for a Police Service District for Minor Subdivision 940001.
The site fronts on the north side of Tiegland Road, south of Withers
Avenue, in the Lafayette area. Subject property is addressed #3180
Tiegland Avenue (Parcel #169-022-012) .
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. (Resolution No. 97/170)
2 . Adopt the Ordinance establishing fee for the Police Service
District for MS940001. (Ordinance No. 97-11)
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
MS940001 was approved by the County Zoning Administrator on March
27, 1995. The subdivision will create a total of two (2) lots.
In compliance with Board policy, Condition #7 required the
developer of MS940001 to request the formation of a police service
zone for the property involved with this subdivision. The initial
assessment is $200. 00 per parcel.
CONTINUED ON ATTACHMENT: X YES SIGNATUREb2� • C
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C0194ITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 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:Rose Marie Pietras - 335-1216
Orig: Community Development Department ATTESTED May 6, 1997
cc: County Counsel PHIL BATCHELOR, CLERK OF
Sheriff-Coroner - Sgt. Julie Hayes THE BOARD OF SUPERVISORS
County Clerk - Elections D C TY NISTRATOR
Auditor-Controller
Assessor BY ' ,DEPUTY
2 .
The property owner has requested that an election to establish a
police service zone for their property involved in MS940001 be
set. The owner has paid the required fee.
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 6, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, and DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN:None
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBJECT: Creating County ) RESOLUTION NO. 97/170
Service Area P-6 Zone 1503) (Gov. C. 25210.8 &
(MS940001 ) ) 54900 ff.)
in the Lafayette 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 1503 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. 97-11 adopted this date is to be presented for approval of the
voters of Zone 1503 of County Service Area No. P-6 by a July 1 , 1997 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 97-11 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 1503 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.
G 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 i ors on the date shown,
cc: County Counsel ATTESTED: .-ice. 111 ri
Sheriff-Coroner, Sgt. Julie Hayes PHIL BAT OR,Clerk of the Board
4
upery sand Cou ry dministrator
County Clerk - Elections
Auditor-Controller n
Assessor By - ,Deputy
RESOLUTION NO. 97/170
RESOLUTION 97/170
MS940001
ZONE 1503
February 7, 1997
Job No. 93161
EXHIBIT 'A'
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa, State of
California, described as follows:
PARCEL ONE:
Portion of the Rancho Canada del Hambre, Southern Part, described as
follows:
Beginning in the center line of the 40 feet in width strip of land described
in the Deed to C.M. Teigland, et ux, recorded October 5, 1945, Book 827,
Official Records, Page 284 at the East line of the parcel of land described as
Parcel One in the Deed to Arthur Hersh, et ux, recorded January 8, 1954,
Book 2252, Official Records, Page 46; thence from said point of beginning
along said center line South 78125' West, 36.68 feet and westerly along the
arc of a curve to the right with a radius of 398.32 feet, tangent to the last
course, an arc distance of 170.56 feet to the West line of said Hersh Parcel;
thence along said West line North 12057'04" East, 20 feet and North
15019'35" East, 133.04 feet to the South line of the parcel of land described
in the Deed to S. Bruce Copeland, et ux, recorded May 29, 1958, in Book
3170, Official Records, Page 31; thence along said South line North 57016'
East, 95.44 feet and North 84015' East, 72.24 feet to the East line of said
Hersh Parcel; thence South 3145' East, along the East line, -201.7 feet to
the point of beginning.
PARCEL TWO:
Portion of the Rancho Canada del Hambre, Southern Part, described as
follows:
Beginning in the center line of the 40 feet in width strip of land described
in the Deed to C.M. Teigland, ut ux, recorded October 5, 1945, Book 827,
Official Records, Page 284, at the East line of the parcel of land described in
the Deed to S. Bruce Copeland, et ux, recorded June 16, 1953, Book 2142,,
Official Records, Page 260; thence from said point of beginning along said
East line North 19°00'34" East, 20 feet, North 15018'30" East, 80 feet and
North 27°01'10" East, 10.72 feet; thence North 57116' East, 56.57 feet to
the East line of the parcel of land described as Parcel Two in the Deed to
Arthur Hersh, et ux, recorded January 8, 1954, Book 2252, Official Records,
Page 46; thence along said East line, South 15119'35" West, 133.04 feet and
South 12°57'04" West, 20 feet to a point on the center line of said 40 feet in
width strip of land, from -.which the center of a curve to the right with a
radius of 398.32 feet bears North 12057'04" East; thence westerly along said
center line, being along the arc of said curve to the right with a radius of
398.32 feet, 1 an arc distance of 42.11 feet to the point of beginning.
PARCEL THREE:
Portion of the Rancho Canada del Hambre, Southern Part,_ described as
follows:
Beginning at the most southerly corner of the parcel of land described as
Parcel One in the Deed of Trust made by S. Bruce Copeland, et ux, to
Trustee for Wells Fargo Bank, recorded May 26, 1955, Book 2540, Official
Records, Page 197; thence from said point of beginning along the southeast
line of said Wells-Fargo Bank Parcel, as follows:
North 19100'34" East, 20 feet; North 15°18'30" East, 80 feet and North
27001'10" East, 10.72 feet; thence North 86045' West, 120.55 feet; thence
South 32021' West, 38.51 feet to the northeast line of the 40 feet in width
road described in the Deed to C.M. Teigland, et ux, :recorded October 5, .
1945, Book 827, Official Records, Page 284, distant thereon southeasterly
along the arc of a curve to the left with a radius of 378.32 feet, an arc
distance of 80 feet from the northwest line of said Wells Fargo Bank Parcel;
thence South 38°4528" West, 20 feet to the center line of said 40 feet in
width roadway being the southwest line of said Wells Fargo Bank Parcel;
thence southeasterly along said southwest line, along the arc of a curve to
the left with a radius of 398.32 feet to the point of beginning.
Containing 1.149 acres, more or less.
APN#169-022-012
RESOLUTION 97/170 -
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EXHIBIT A _ D 811 San Ramon Valley Boukvwd I "-50 '
Danvilk,California 94526 CFO
5coi837.3780
ONTRA COSTA COUNTY., CALIFORNIA-
1g�b3(� I
ORDINANCE NO. 97-11
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
1503 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 1503 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 1503 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 97-11
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3 . Contra Costa County Service Area P-6 Zone 1503 (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 1A 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, 1998
through June 30, 1999) 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. 97-11
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. 97-11
• •
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 July 1, 1997 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 1998 .
-4-
ORDINANCE NO. 97-11
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
May 6, 1997 by the following vote:
AYES: SUPERVISORS Rogers, Uilkema, Gerber, and DeSaulnier
NOES: None
ABSENT: Supervisor Canciamilla
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: CAMA aJAI , a V
De uty Board Chair
VJW:df
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-5-
ORDINANCE NO. 97-11
`►
ORDINANCE 97=11
MS940001
February 7, 1997 ZONE 1503
Job No. 93161
EXHIBIT 'A'
i
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa, State of
California, described as follows:
PARCEL ONE:
Portion of the Rancho Canada del Hambre, Southern Part, described as
follows:
Beginning in the center line of the 40 feet in width strip of land described
in the Deed to C.M. Teigland, et ux, recorded October 5, 1945, Book 827,
Official Records, Page 284 at the East line of the parcel of land described as
Parcel One in the Deed to Arthur Hersh, et ux, recorded January 8, 1954,
Book 2252, Official Records, Page 46; thence from said point of beginning
along said center line South 78°25' West, 36.68 feet and westerly along the
are of a curve to the right with a radius of 398.32 feet, tangent to the last
course, an are distance of 170.56 feet to the West line of said Hersh Parcel;
thence along said West line North 12057'04" East, : 20 feet and North
15119'35" East, 133.04 feet to the South line of the parcel of land described
in the Deed to S. Bruce Copeland, et ux, recorded May 29, 1958, in Book
3170, Official Records, Page 31; thence along said South line North 57016'
East, 95.44 feet and North 84'15' East, 72.24 feet to the East line of said
Hersh Parcel; thence South 3°45' East, along the East line, 201.7 feet to
the point of beginning.
PARCEL TWO:
Portion of the Rancho Canada del Hambre, Southern Part, described as
follows:
Beginning in the center line of the 40 feet in width strip of land described
in the Deed to C.M. Teigland, ut ux, recorded October 5, 1945, Book 827,
Official Records, Page 284, at the East line of the parcel of land described in
the Deed to S. Bruce Copeland, et ux, recorded June 16, 1953, Book 2142,
Official Records, Page 260; thence from said point of beginning along said
East line North 19°00'34" East, 20 feet, North 15°18'30" East, 80 feet and
North 27001'10" East, 10.72 feet; thence North 57'16' East, 56.57 feet to
the East line of the parcel of land described as Parcel Two in the Deed to
Arthur Hersh, et ux, recorded January 8, 1954, Book 2252, Official Records,
Page 46; thence along said East line, South 15'19'35" West, 133.04 feet and
South 12057'04" West, 20 feet to a point on the center line of said 40 feet in
width strip of land, from which the center of a curve to the right with a
radius of 398.32 feet bears North 12°57'04" East; thence westerly along said
center line, being along the arc of said curve to the right with a radius of
398.32 feet, an arc distance of 42.11 feet to the point of beginning.
PARCEL THREE:
Portion of the Rancho Canada del Hambre, Southern Part, described as
follows:
Beginning at the most southerly corner of the parcel of land described as
Parcel One in the Deed of Trust made by S. Bruce Copeland, et ux, to
Trustee for Wells Fargo Bank, recorded May 26, 1955, Book 2540, Official
Records, Page 197; thence from said point of beginning along the southeast
line of said Wells Fargo Bank Parcel, as follows:
North 19000'34" East, 20 feet; North 151118'30" East, 80 feet and North
27001'10" East, 10.72 feet; thence North 86145' West, 120.55 feet; thence
South 32°21' West, 38.51 feet to the northeast line of the 40 feet in width
road described in the Deed to C.M. Teigland, ;et ux, recorded ,October 5,
1945, Book 827, Official Records, Page 284, distant thereon southeasterly
along the are of a curve to the left with a radius of 378.32 feet, an arc
distance of 80 feet from the northwest line of said Wells Fargo Bank Parcel;
thence South 38°45'28" West, 20 feet to the center line of said 40 feet in
width roadway being the southwest line of said Wells Fargo Bank Parcel;
thence southeasterly along said southwest line, along the arc of a curve to
the left with a radius of 398.32 feet to the point of beginning.
Containing 1.149 acres, more or less.
APN#169-022-012
ORDINANCE 97-11
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ORDINANCE NO. 97=11 MS 940001 ZONE 1503
FOR FISCAL YEAR JULY 1s, -1998 , THROUGH JUNE 30, 1999
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 200
1 res., 1 site
12 Single Family Residence - $ 200
1 res., 2 or more sites
13 Single Family Residence - $ 200
2 res. on 1 or more sites
14 Single Family Residence- $ 200
other than single fam. land
15 Misc. Improvements - 1 site $ 200
16 Misc. improvements - $ 200
2 or more sites
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 Combinations $ 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 $ 600
Home Parks
45 Theaters $ 600
46 Drive-In Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial $ 400
49 New Car Agencies $ 400
50 Vacant Land (-not part of $ 100
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 1A-10A $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
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 $ 200
tax code areas)
99 Awaiting Assignment $ 200