HomeMy WebLinkAboutMINUTES - 04112000 - SD3 TO: BOARD OF SUPERVISORS
FROM: DENNIS M.BARRY,AICP r'; Contra
COMMUNITY DEVELOPMENT DIRECTOR C
Coounun
ty
DATE: April 11,2000
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P4,
RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE
FOLLOWING ZONE:ZONE 130,SUBDIVISION#SD927609,OAKLEY AREA.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 130 in County Service Area P-6.
(Resolution No.2000/115)
2. Adopt the Ordinance establishing a fee for Police Service District for SD927689.
(Ordinance 2000-12)
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 4000 and shall be
held on the earliest date permitted by law.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The application was approved by the East County Regional Planning Commission on March 6, 1995, with the
requirement to establish a Police Service District prior to recordation of the final map. A ma)amum of 225 lots are
allowed.
Condition of Approval #28 of Subdivision #SD927687 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$200.00 per lot.
CONTINUED ON ATTACHMENT: YES SIGNATURE
.42d—
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDEDle
TtfEi�-_,_
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
X UNANIMOUS(ABSENT J�4taAt_ OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Contact:Jennifer Patterson—335-1206 ATTESTED
cc: Community Development Department(CDD) PHIL BATCHE CLERK OF
Elections-ItoAs Davis THE BOARD OF SUPERVISORS
Sheriff-Coroner-Kathy Martin AND COUNTY ADMINISTRATOR
County Clerk-Elections
Auditor-Controlier
A BY +� ' '�+_.►�.--^�. ,DEPUTY
SD927689
df
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 11, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Creating Creating County } RESOLUTION NO. 2000/115
Service Area P-6 Zone 130 } (Gov. C. 25210.8 &
(SUB 927689 ) 54900 ff.)
in the Oakley 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 130 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. 2000-12 adopted this date is to be presented for approval of the voters
of Zone 130 of County Service Area No. P-6 by a June 13, 2000 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 2000-12 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 130 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.
Orifi. Dept:Community Development ATTESTED:
cc: County Counsel PHI ATCHELOR,Clerk of the Board
Elections - Roxie Davis of Supervisors and County Administrator
Sheriff-Coroner, Kathy Martin
Auditor-Controller By, ep y
Assessor
df
RESOLUTION NO. 2000/115
ORDINANCE NO. 2000-12
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
130 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows;
gRmTr-r.g T. PTTRPOqgg,ND 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 130 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.
ARITCLE TTi. DEF—I..NTTT.ONS. 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 130 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2000-12
2. "Fiscal year" means the period of July 1 through the
following June 30.
3. Contra Costa County Service Area P-6 Zone 130
(hereinafter called "Zone") means that portion of the unincor-
porated 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.
ARTTC!T.R TTT. AMOUNT AND TEVRT, 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. Far First Fiscal Year-.
The tax per year for the first fiscal year (July 1, 2101
through June 30, 2002) 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. 2000-12
B. Fnr�S3lhmp-,duan F 4 ana 1 Yearn
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 PrAn-Ai.na F;sr-al Vaa `)
(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.
ARTT(I-T-F. TV. 4'QLLFC'T'TQN ANIS ADMTNTSTRATTON.
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. 2000-12
j'7)?
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.
ARTICT-P V_ R'F'VER, T,TTY C-TATISP
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.
ARTT _T,R VT. EFFECTTVR DATV'"..
This Ordinance shall take effect immediately upon its
confirmation by twos-thirds of the voters voting within the Zone in
an election to be held -Timp- 13 3,, 20nn so that taxes shall first be
collected hereunder for the tax year beginning July 1, 2001.
_q
ORDINANCE NO. 2000--12
p ssym ANn Anapxm at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on Arpil
11, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILREMA, DESAULNIER, CANCIAMILLA and GERBER;
NOES: NOME
ABSENT: NONE
ABSTAIN: NONE
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
eputy Board Cha
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af4cvjw\ord\csap5
-5
ORDINANCE NO. 2000--12
Ordinance#2440-12
Subdivision #927689 •. �'
Zone#130
"Exhibit A:
LEGAL DESCRIPTION
EXHIBIT "A
ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
A PORTION OF SECTION 31 , TOWNSHIP 2 NORTH, RANGE 3 EAST, MOUNT
DIABLO BASE AND MERIDIAN , FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF 'SAID SECTION 31 , SAID POINT ALSO BEING
THE SOUTHEAST CORNER OF PARCEL "B" OF SUBDIVISION M.S. 18-81 ,
FILED JANUARY 12 , 1982 , IN BOOK 99 OF PARCEL MAPS, AT PAGE 21 ;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "B" ,
NORTH 89"49 ' 15" WEST, 330. 33 FEET TO THE NORTHEASTERLY CORNER OF
PARCEL "A" OF SUBDIVISION M.S. 63-77 , FILED AUGUST 1 , 1978, IN
BOOK 68 OF PARCEL MAPS, AT PAGE 25 ; THENCE ALONG THE EASTERLY
BOUNDARY OF SAID PARCEL "A" SOUTH 00` 34' 10" WEST, 658 . 64 FEET TO
THE SOUTHEASTERLY CORNER OF SAID PARCEL "A" OF 68 P.M. 25 ; THENCE
ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL "A" OF 68 P.M. 25 ,
NORTH 89° 3322" WEST , 991 . 92 FEET TO THE SOUTHWESTERLY CORNER OF
SAID PARCEL "A" OF 68 P.M. 25 ; THENCE ALONG THE WESTERLY
BOUNDARIES OF SAID PARCEL "A" OF 68 P.M. 25 AND OF SAID PARCEL
"B" OF 99 P.M. 21 NORTH 00`42 '05" WEST , 893 . 35 FEET TO THE MOST
NORTHWESTERLY CORNER OF SAID PARCEL "B" OF 99 P.M. 21 ; THENCE
ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL "B" OF 99 P.M. 21 ,
NORTH 89 ' 33 ' 19" EAST , 50 . 00 FEET TO THE BEGINNING OF A CURVE
CONCAVE TO THE NORTH HAVING A RADIUS OF 620. 00 FEET; THENCE
NORTHEASTERLY 408. 20 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 37 `46 '41 " TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO
THE SOUTHEAST HAVING A RADIUS OF 680.00 FEET; THENCE
NORTHEASTERLY 234.07 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 23' 39 ' 16"' TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO
THE NORTHWEST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY
AND NORTHERLY 30. 04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 86 ` 04'05" ; THENCE NORTH 13`40' 44" WEST 34. 67 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF
228.00 FEET; THENCE NORTHERLY 57 . 79 FEET ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 14° 31 ' 17" ; THENCE NORTH 00° 50' 33" EAST 74 .41
FEET; THENCE SOUTH 89` 22 '46" EAST 688 . 82 TO THE NORTHEAST CORNER
OF SAID PARCEL "B" OF 99 P.M. 21 , ALSO BEING A POINT ON THE
NORTH-SOUTH MIDSECTION LINE OF SAID SECTION 31 ; THENCE ALONG SAID
NORTH-SOUTH MIDSECTION LINE NORTH 00° 39 ' 11 " EAST 460. 62 FEET MORE
OR LESS, TO THE MOST WESTERLY RIGHT-OF-WAY LINE OF THE CONTRA
COSTA COUNTY MARSH CREEK FLOOD CONTROL CHANNEL; THENCE
SOUTHEASTERLY AND SOUTHERLY ALONG SAID WESTERLY RIGHT--OF-WAY LINE
TO THE NORTHEAST CORNER OF PARCEL "B" OF SUBDIVISION M. B. 112-71 ,
Ordinance#2000-12
Subdivision#927689
Zone#130
"E� ahzbit e
FILED AUGUST 2, 1972 , IN BOOK 23 OF PARCEL MAPS AT PAGE 19 ;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID 23 P.M. 19 ,
SOUTH 89'45 ' 11 " WE=ST 620. 50 FEET TO THE NORTHWESTERLY CORNER OF
PARCEL "A" OF SAID 23 P.M. 19 ALSO BEING A POINT ON SAID NORTH-
SOUTH MIDSECTION LINE OF SAID SECTION 31 ; THENCE ALONG SAID
NORTH-SOUTH MIDSECTION LINE NORTH 00' 39 ' 11 " EAST 856 .41 FEET MORE
OF LESS TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 48 ACRES, MORE OR LESS .
91077-2. LGL
Subdivision"#927699 . 1
Zane#130 _
"Exhibit B"
LINE TABLE CURVE TABLE
EIN BEARING LENG7H DELTA ' RADIUS L£NCTH
N13'35'38"W 34.75' i 85"qJE p. g, '
N00'55'39'E 74.40' 2 �4• 1'17' p 'N86'53'49'W 6.00'
503'06'1 1"W 62.70'
j LS N8653'49"W 7.00' P.0.a.
L6 586`53'49'E7.00'
L7 S03'06'1 1"W 102.09'
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ORDINANCE NO. 2000-12 ZONE 130
FOR FISCAL'YEAR RM- 1. 2001, THROUGH EM 30.2002
EXHIBIT C
PROPERTY USE ANNUAL TAX
BODEA? CQRY 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
I4 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/coommon 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(1324 units) $400
27 Apartments (25-59 units) $600