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Home My WebLink AboutMINUTES - 04281998 - D1 Contra TO: BOARD OF SUPERVISORS Costa FROM: DENNIS M. BARRY, AICD County , COMMUNITY DEVELOPMENT DIRECTOR »q», DATE: April 28, 1998 SUBJECT: Hearing on Proposed Police Service Special Taxes for County Service Area P-6, Related Ordinance Adoptions and Fixing of Elections Thereof and Formation of the following zone: Zane 1505, SUB 968044 SPECIFIC REQUEST(S) OR RECOMMENDATIONS)- & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 1505 in County Service Area P--6 . (98/150) 2 . Adopt the Ordinance establishing a fee for Police Service District SD968044 . (98®15) 3e Direct the County Clerk to conduct the election required by Government Code Section 53978 . This election shall be conducted by mail ballot pursuant to Cade Section 1340 and shall be held on the earliest date permitted by law. FISCAL IMPACT Nene. BACKGROUNDIR,EASONS FOR RECOMMENDATIONS Major Subdivision 8044 was approved in June of 1997 w1th the requirements to establish a P-6 zone. CONTINUED ON ATTACHMENT: YES SIGNATURE i>4w RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO TTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON pri APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A -- x UNANIMOUS (ABSENT TRUE ANIS 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:Debbie Chamberlain .. 335-1213 Orig: Conmunity Development Department ATTESTED co: Elections -- Roxie Davis PHIL BATCHEL R, CLEk-tx OF THE BOARD OF SUPERVISORS AND CO NTY iDMIN 7TRATOR BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28 , 1998 , by the fallowing vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier , Canciamilla , Rogers NOES: None ABSENT: None ABSTAIN.- None SUBJECT: Creating County } RESOLUTION NO. 98/150 _ Service Area P-6 Zone 1505) (Gov. C. 25210.8 & (SUB 8044 ) 3 54900 ff.) in the Alamo 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 1505 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. 98-16 adopted this date is to be presented for approval of the voters of Zone 15035 of County Service Area No. P-6 by a June 23, 1998 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 98-16 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1505 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 Board of Supervisors on the Orig. Dept:Community Development date shown*band cc: County Counsel ATTESTSheriff-Coroner, Sgt. Julie Hayes PML. BAR, Clerk of the Boar€fCounty Clerk - Elections of eryC ,u Administrator Auditor-Controller Assessor By Deputy d RESOLUTION NO. 98/150 Resole tion 98/150 SD968044 2-t6 } •EP4S ` rfL A 00-W c 9./' 14,189t SQUARE METERS R_12192m 1-016:k HECTARES Z.-1.4 4,o51n 2.511 ACRES t x72*19 74020� Uj a2519 cow �► R m � . 5 72*10'10*6- W.143 m FREEMAN ROAD EXHIBIT 11611 DeBolt Civil 'Engineering PLAT TO ACCOMPANY 831 San Pmm Valley Boulevard /1000 LEGAL DESCRIPTION Denville, Wifornia 945M POLICE SERVICE DISTRICT 510 / 837-3780 �� RESOLUTION 98/1.50 SUB 8044 ZONE 1.505 EXHIBIT 'A' LEGAL DESCRIP'I` ON Annexation to Police Service District Subdivision 8044 All that real property situate in the unincorporated area of the County of Contra Costa, State of California., described as follows: Being a. portion of the Rancho San Ramon, further describedas follows. Beginning at the northwesterly corner of the Kolokousis parcel as described in the deed recorded in Book 17889 of Official Records at Page 41.8, said Paint of Beginning also hes on the easterly line of Melody Drive; thence leaving said Point of Beginning and said easterly line of Melody Drive, South 72"10'10" East, 39.625 meters; thence South 11'29'30" 'West, 27.601 meters; thence South 17149'54" West, 27.432 meters; thence South 72"10'10" East, 66.1.43 meters, thence North 5°29'20" West, 13.151 meters; thence North 24143'54" East, 94,575 meters; thence North 4044'00" West, 10.361 meters; thence North 22044'40" West, 20.1.18 meters, thence North 60144'00" 'gest, 1.4.936 meters; thence South 63116'00" West, 34.140 meters; thence South 86016'00" West, 42.464 meters; thence North 86044'40" West, 17.375 meters, thence North 40049'00" West, 9,788 meters; thence South 17"49'50"' Nest, 24.194 meters; thence along a curve to the right having a radius of 12.1.92 meters, through a central angle of 6715835" for an arc length of 14.4615 meters; thence South 170413'50" 'West, 7.624 meters to the Paint of Beginning. Containing 10,189.32± square meters or 1..01.6± hectares (2.51 acres±) more or less, Assessor's Parcel No. 185-254-047. ORDINANCE NO. 9$-16 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1505 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 1505 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 polio: protection personnel , and for such other police protection service expenses as are deemed necessary. ARTICLE II . DEFINITIONS. The fallowing definitions shall apply throughout this ordinance: 1. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel nap 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 1505 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 98-16 2 . "Fiscal year" means the period of July I through the following June 30. 3 . Contra Costa County Service Area P-6 Zone 1505 (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 (1952-84=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 mount 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 ANIS 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, 1999 through June 30, 2000) 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. 38-16 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 Centra 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 Inmdediately 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 Centra 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 Cade Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. _3_ ORDINANCE NO. 98-16 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 shawl 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 c=ause. 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 June 23 , 1998 so that taxes shall first be collected hereunder for the tax year beginning July 1 , 1.999 , _4- ORDINANCE NO. 93-16 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on April 28 , 1998 with the following vote: AYES: SUPERVISORS Uilkema, Gerber, BeSaulnier , Canciamilla, Rogers NOES: None ABSENT: done ABSTAAN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator cftuty Boarl Chair f 5 VJW:df df4:Yju\ord\c88p6 ORDINANCE NO. 98-16 ORDINANCE NO. 985-16 5D968O44 ZONE 1505 EXHIBIT 'A' LEGAL DESCRIPTION Annexation to Police Service District Subdivision 8044 All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows: Beim a portion of the Rancho San Ramon, further described as follows; Beginning at the northwesterly corner of the Kolokousis parcel as described in the deed recorded in Book 17889 of Official Records at Page 41.8, said Paint of Beginning also lies on the easterly line of Melody Drive; thence leaving said Point of Beginning and said easterly 'line of Melody Drive, South 72010'10" East, 39.625 meters; thence South 11"29'30" West, 27.601 meters; thence South 171049'50" West, 27.432 meters; thence South 72110'10" East, 88.143 meters, thence North 5029'20" West, 16.151 meters; thence North 24103'50" East, 94.575 meters; thence North 4044'00" West, 10.361 meters; thence North 22044'00" West, 20.118 meters, thence North 60144'00" West, 14.936 meters; thence South 63016'00" West, 34.140 meters; thence South 86016'00" West, 42.064 meters; thence North 86144'00" West, 17.375 meters; thence North 40049'00" West, 9.788 meters; thence South 17149'50" West, 24.194 meters: thence along a curve to the right having a radius of 12.192 meters, through a central angle of 6715835" for an arc length of 14.465 meters; thence South 17049'50" West, 7.620 meters to the Point of Beginning.. Containing 10,189.32} square meters or 1.016± hectares (2.51 acres±) more or less. Assessor's Parcel No. 185-250-007. sslont E No. 224 5 � Ott `�/ ORDINANCE �O. 9$-i6 SD968044 iS 6 . 22485 A' r (Y- � NEO.000 10,189 SQUARE METERS R-12192m 1.0161 HECTARES 4-+ rWa5" G 14. '6p? 2.81 t ACRES W cc c\j cv � R FREEMAN ROAD EXHIBIT "B " DeBolt Civil Engineering r9 PLAT TO ACCOMPANY Sti San Pawn Valley Boulevard 1:103 LEGAL DESCRIPTION D Danville: California 945M ./ POLICE SERVICE DISTRICT 510 / 5.37-3780 #t