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HomeMy WebLinkAboutMINUTES - 03231999 - D2 a Contra TO: BOARD OF SUPERVISORS Costa. FROM: DENNIS M. BARFLY, AICP County COMMUNITY DEVELOPMENT DIRECTOR. DATE: March 23, 1999 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-5, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING ZONE: ZONE 1101, SUBDIVISION #SD988145, PLEASANT HILL BART AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION{S} & BACKGROUND AND JUSTIFICATION I COMM T�4 IONS 1, Adopt the Resolution authorizing an election for Zone 1101 in County Service Area P-S. (Resolution No. 99198) 2. Adopt the Ordinance establishing a fee for Police Service District for SD988145. (Ordinance 99-21) 3. Direct the County Clerk to conduct the election required by Government Code Section 5397. This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall be held on the earliest date permitted by lair. FISCAL IMPACT None CONTINUED ON ATTACHMENT: _X_YES SIGNATURE ' S RECC3MENDATION OF COUNTY ADMIMISTRATOR RECOMMENDATION OF BOARD COMMIT, EE APPROVE OTHER SIGNATURES ACTION OF BOARD ON � �°.� ;; APPROVED AS RECOMMENDED �.OTHEft._ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT `Lj AND CORRECT COPY OF AN ACTION TAKEN AYES:-__- _-_ NOES: AND ENTERED ON THE MINUTES OF THE ABSENT° ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. a� Contact: Aruna Bhat - 335-1219 ATTESTED r cc: Community Development Department (CDD) PHIL BATCHELOR, CLEKK OF Elections-Roxie Davis THE BOARD OF SUPERVISORS Sheriff'-Coroner-Virginia Hillis AND COUNTY ADMINISTRATOR County Clerk-Elections Auditor--Controller Assessor BY 6r Gam' ` = -. , DEPUTY sd988145.psd u,d Police services District-SO988145 March 23, 1999 Page 2 SACKGROUNDIREASC NS FOR RECQMMENQAIIQNS The application was approved by the Board of Supervisors on September 1, 1998 with the requirement to establish a police Service District prior to recordation of the final map. A maximum of 5 lots will be built on 2.3 acres. Condition of Approval #15 of Subdivision #988145 requires the applicant to agree to vote on whether the development should be placed in a "County Service Area" to augment police services based upon the residential use of the site. The initial assessment is $225.00 per lot. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 23, 1999, by the following vote: AYES: SUPERVISORS GIOTA, UT KEYA, GERBER, DESAULNTER and CANCIAMIT T A NOES: NONE ASSENT: NONE ABSTAIN: NONE SUBJECT: Creating County $ RESOLUTION NO. 99198 Service Area P-6 Zone 1101 ) (Gov. C. 25210.8 & (SUB 98-8145 ) 54900 ff.) in the Pleasant Hill BART 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 1 101 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. 99-21 adopted this date is to be presented for approval of the voters of Zane 1101 of County Service Area No. P-6 by a May 25, 1999 mail ballot election according to the following ballot proposition: „Shall Ordinance No. 99-21 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1 101 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 date shown. Orig. Dept:Community Development CC: County Counsel ATTESTEIJ Phil Batchelor,Clerk of the Board�� Elections - Roxie Davis of Supervisors and County Administrator Sheriff-Coroner, Victoria Hillis 4 Auditor-Controller By 6- ° �_C Deputy Assessor RESOLUTION NO. 99/98 Resolution 99/98 Subdivision 98-8145 Zone 1101 "EXHIBIT A" ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF CONTRA COSTA, IN THE UNINCORPORATED AREA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTION OF THE RANCHO SAN MIGUEL,DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHERN MOST CORNER OF LOT 22, TRACT 2802, A MAP OF WHICH WAS FILED ON OCTOBER 13, 1961, IN MAP BOOK. 84, PAGE 35, CONTRA COSTA COUNTY RECORDS, SAID CORNER BEING ON THE SOUTHEAST LINE OF THE SACRAMENTO NORTHERN RAILWAY; THENCE FROM SAID POINT OF BEGINNING AS FOLLOWS; NORTH 57°53'42" EAST, 109.357 METERS, THENCE SOUTH 31°57'15" EAST, 3.401 METERS; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 143.561 METERS THRU A CENTRAL ANGLE OF 48021'45", AN ARC LENGTH OF 121.178 METERS; THENCE SOUTH 16°24130" WEST 37.241 METERS; THENCE NORTH 76027'07" WEST, 0.738 METERS; THENCE NORTH 6°25'13" WEST, 2.576 METERS, THENCE NORTH 36025'13" WEST, 60.350 METERS; THENCE NORTH 63055'13" WEST, 47.002 METERS; THENCE SOUTH 48°53'42" WEST, 28.492 METERS; THENCE NORTH 26°32'10" WEST, 37.554 METERS; THENCE NORTH 57053'42" EAST, 24.334 METERS TO THE POINT OF BEGINNING. (NO APN) CONTAINING 2.82 ACRES OF LAND, MORE OR LESS. briarleg.doe ORDINANCE NO. 99-21 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1101 of County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: AKICLE I. PURPOSE AND -INTEN T. 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 1JQJ 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. ART=E 11. 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 JJQJ of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 99-21 2 . "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone . 1U (hereinaf- ter called "Zane") 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. AMOIMT AND LEVEL OF TAS 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, 2,009 through June 30, 2001) 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. 99-21 B. FFar, Subspauent Fiscal Years: In order to keep the tax on each parol 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 Sheriffs- 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 IM. COLLECTION A D 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. 99-21 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. aEL= 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 adapted 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 Zane in an election to be held y-25, 1999 so that taxes shall first be collected hereunder for the tax year beginning July 1, -4- ORDINANCE NO. 99-21 PASSE ANI? Dd TED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, cin ARCx 23, 1999 by the fallowing vote: AYES: SUPERVISORS GTOIA, UILKEMA, GERBER, DESATLNTER and CANCIAMTLLA NOES: NODE ABSENT: NONE ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By., eeputy r jf l 0 VJw:df cf4.vjw\ord\csap6 ORDINANCE NO. 99-21 Ordinance 99-21 Subdivision 98-8145 Zone 1101 "EXHIBIT A" ALL THAT REAL PROPERTY SITUATED IN THE COUN'T'Y OF CONTRA COSTA, IN THE UNINTCORPORATED AREA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PORTION OF THE RANCHO SAN MIGUEL, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF LOT 22, TRACT 2802, A MAP OF WHICH WAS FILED ON OCTOBER 13, 1961, IN MAP BOOK 84, PAGE 35, CONTRA COSTA COUNTY RECORDS, SAID CORNER BEING ON THE SOUTHEAST LINE OF THE SACRAMENTO NORTHERN RAILWAY; THENCE FROM SAID POINT OF BEGINNING AS FOLLOWS; NORTH 57°53'42" EAST, 109.357 METERS; THENCE SOUTH 31°57'15" EAST, 3.401 METERS; THENCE ALONG A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 143.561 METERS THRU A CENTRAL ANGLE OF 48021'45", AN ARC LENGTH OF 1121.178 METERS; THENCE SOUTH 16°24'30" WEST 37.241 METERS; THENCE NORTH 76027'07" WEST, 0.738 METERS; THENCE NORTH 6025'13" WEST, 2.576 METERS, THENCE NORTH 36025'13" WEST, 60.350 METERS; THENCE NORTH 63055'13" WEST, 47.002 METERS; THENCE SOUTH 48°53'42" WEST, 28.492 METERS; THENCE NORTH 2632'10" `NEST, 37.554 METERS; THENCE NORTH 57053'42" EAST, 24.334 METERS TO THE POINT OF BEGINNING. (NO APN) CONTAINING 2.82 ACRES OF LAND, MORE OR LESS. briarleg.doc z Ordinance 99-21 Subdivision 98-"5 Z ne 1101 ITE , N.31'S 7'15"W �< 3.401m DRAWING SCALE 1: 100 .�, I ktn AREA = 1.112,th. D=48'21'45"(T) R-143.561m 2 L=121.178m(T) CIA Ln i� fi000 � 01- .11 00 �9 N.625 13 W. — 2.576m t ?k ,• ' 0 r� x„ NO. 26630 ��; N.7627"07"W. — ©.738m SU 3DIVIS101V 2802 .. � 34 M 35 I-OT 25 etric Dimensions �< Distances shown upon this plan are in METERS 1 METER 3.28083 U.S. SURVEY FEET ['`yC> as CA W MUM= Nlo , s9 -� sit- ar g. J,M ta ti 11: N 0 IL JET s E P rr ft L5 Lz L p91 Lt p r. 4 i I fig LT r ]-a T�_ v P1 UNI * w _ eL + .' C Fs � $ Ci,. µ ii a C 00 *, _ ro '.Ito G to � > ti =. 9 +� w trn [ £ o t t icr �;ns n£— d to :y.i." 9/ CL C 47 1 ORDIRMCE H0, 99-21 _ ZONE 1101 FOR FISCAL YEAR JULY 1,*2000 * THp.OUGH JUNE 30s20 01 EXHIRIT C • PROPERTY USE ANNUAL TAS{ JGQ= CAM99RY ���.�� MISPmt 11 Single Family Residence - $ 200 1 res.,,1 site 12 Single Family Residence • $ 200 1 res.,2 or more sites 'i Single Family Residence • $ 200 2 res.on i or more sites 14 Single Family Residence- $ 204 other than single fam. lend 5 Mso.Improvements-1 site $ 200 16 Disc.improvements w $ 200 2 or more sites 17 Vacant-I site $ 100 '18 Vaunt-2 or more situ $ 100 f 9 Single Family Residence _ $ 200 `Tett wlcommon area 20 Vacant•Multiple $ 100 21 ' Duplex $ 200 ° 22 Triplex $ 200 23 Fourpiex $ 200 24 Combinations $ 200 25 Apartments (5-12 units) $ 400 25', Apartments (13 -24 units) 400 27 Apartments (25 - 59 units) $ 500