HomeMy WebLinkAboutMINUTES - 03112003 - SD2 ..'',....I......I.......................................................... .............................. .........I-,....................-............
................................................................
TO,' BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY,AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: March 11, 2003
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6,
RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF
THE FOLLOWING ZONE: ZONE 3103, SUBDIVISION #SD917583 IN THE EL SOBRANTE AREA.
(SUPERVISORIAL DISTRICT 1) ----
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 3103 in County Service Area P-6.
(Resolution No. 2003/107)
2, Adopt the Ordinance establishing a fee for Police Service District for SD917583.
(Ordinance 2003-7)
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 law.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the County Planning Commission on March 26, 2002 with the requirement to
establish a Police Service District prior to recordation of the final map. A maximum of 22 residential lots are
allowed.
Condition of Approval #12 of Subdivision #917583 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$200.00 per lot.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS I$A TRUE AND CORRECT COPY
X UNANIMOUS(ASSENT None ) OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
District III is Vacant
Contact:Debt Foley—335-1215 ATTESTED March 11 2003
cc: Community Development Department(CDD) JOHN SWEETEN,CLERK 61�
Elections-Dennis HE BOARD OF SUPERVISORS
Sheriff-Coroner-Gloria Suffer AND COUNTY ADMINISTRATOR
County Clark-Elections
Auditor-Controller
Assessor BY V��� ,DEPUTY
SD917583psd/df
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 11, 2003 by the following vote:
AYES: StAUMSoR MIA, UMKM, GUNM & DesNgt
NOES: NONE
ABSENT: NONE
ABSTAIN: NCNE
T)T.SMICT TTT IS VArAnl`i'
SUBJECT: Creating County ) RESOLUTION NO.2003/107
Service Area P-6 Zone 3103 ) {Gov. C. 25210.8&
(SUIS 917583) ) 59000 ff.)
in the El Sobrante 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:
I. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A"is
established as Zone 3103 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 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. 2003-7 adopted this date is to be presented for approval of the voters of
Zone 3103 of County Service Area No.P-6 by a May 12,2003 mail ballot election according
to the following ballot proposition:
"Shall Ordinance No. 2003-7 of the Board of Supervisors of Centra
Costa County be approved so as to authorize a special tax on property
located in Zone 3103 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.
Or g. Dept.-Community Development
cc: County Counsel
Elections—Dennis
Sheriff-Coroner, Gloria Sutter
Auditor-Controller
Assessor
df
CERTMD Copy
2 certify that this is a fu%no tad omw copy of the origInal doeument which
is on file in my office ATTEST JOHN SWEETEN clerk of the hoard of
Supervisors and County Administrator by Deputy Clerk.
RESOLUTION NO. 2003/107
Resolution #2003/107
Subdivision #917583
Zone#3103
"Exhibit"A"
EXHIBIT "A"
Real property in an unincorporated area, County of Contra Costa, State of California, described as
follows:
Beginning at that certain Standard County Monument at the intersection of Argyle Road and
Appian Way as shown on Record of Survey 2222, flied October 22nd, 1996, book 109 LSM page
30;
Thence, S17007107"E along the monument line a distance of 333.71 feet, to a Standard County
monument being a point of deflection in the monument line as shown on said Record of Survey
2222;
thence, S3 P 46'20"E along said monument line a distance of 262.99 feet;
thence leaving said monument line at N55°49'17"E a distance of 42.04 feet to the easterly boundary
of Appian Way, as described in Roadway Dedication recorded September 112002 a Document
Number 2002-0322713-00;
thence, N40°59`33"E a distance of 231.25 feet to the northwesterly corner of parcel one described
in Boob 16052 of Official Records, at page 898, recorded August 15th, 1990, being the true point
of beginning;
thence, N40°59'33"E a distance of 553.05 feet;
thence, S47°55'27"E a distance of 104.74 feet;
thence, S40°59'32"W a distance of 339.02 feet;
thence, S58°23'27"E a distance of 166.25 feet;
thence, S40°59'28"W a distance of 306.87 feet;
thence, N20°53'36"W a distance of 143.71 feet; y
thence,N49000127"W a distance of 142.00 feet, to the true point of beginning.
Containing 99,108.59 square feet or 2.275 acres more or less
Resolution#2003/107
Subdivision #917583
Zone#3103
"Exhibit"B"
100 50 0 100 200 300
n SCALE IN FEET
G= 1'0555.26" `�• '•.. ' !+
No. =1
BRENNER/OAUDET
AFN 430-152-005
01-372877
CIVA
00.
00/�Sfj Aja
22fi
Found Standard `'
County Monument n
as per Record of lt, . � / 16 4� •4.
Survey ,2222� (109LSM30) 4, � 15
13 BALUS MELCHOR ISABE:L TRE
12 APN 450-152--001
98—f8942
0 ID
-�,8.�,
�� DEI.ARROZ
3� <' ✓� AFN 430-152-055
055
'2 cr '}- ti~i �sr 02— 135 f 3
,i LOT 1 �`o', 7 O
�,,L va Imo ` 02--157955 '
All, PAUSAD55 GAS AND WASH c+' � 98--183403
APN 430-152-058-1 /`etc`► ,iso' CASEY DAVID W & MARY E
Found Standard "� APN 430-152-003
County Monument
as per Record of N55r 4917E
Survey 2222 (109LSM30) 42.04'
DRAWN: .E<. UD(-TETRAD CONSULTING ENGINEERS, INC.
ORDINANCE NO. 2003-7
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
3103 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 3103 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 a s
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 t1-= boundaries of Zone 3103 of County
Service Area P -6 nor any land or improvements owned by any
governmental entity.
-1_
ORDINANCE NO. 2003-7
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P -6 Zone 3103
(hereinafter called "Zane") means that portion of the unincor -
porated area of Centra 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 Centra Costa County in order to classify parcelsaccording 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 computa on
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, 2004
through June 30, 2005) 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. 2003-7
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 for th 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 establishedfor 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 valvem
real property tax lien until fully paid.
-3-
ORDINANCE NO. 2003-7
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 incons&-
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 th e
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, sen tense, 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, irrespee
tive of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect imine diately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held May 12, 2003 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 2004 .
-4-
ORDINANCE NO. 2003-7
PASSED AND ADOPTED at a regular meeting of t he Board of
Supervisors, County of Contra Costa, State of California, on March
11, 2003 by the following vote:
AYES : SUPERVISORS GIOIA, UILKEMA, GLOVER & DeSAULNIER
NOES: NONE
ABSENT. NONE
ABSTAIN: NONE
DISTRICT III IS VACANT
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Administrator
By: — 4" - k.,(*&
Deputy Board Chair
VJW:df
df4:vjw\oxd\csap6
rte"`
ORDINANCE NO. 2003-7
Ordinance#2003-7
Subdivision#917583
Zone#3103
"Exhibit"A"
EXHIBIT "X'
Real property in an unincorporated area, County of Contra Costa, State of California, described as
follows:
Beginning at that certain Standard County Monument at the intersection of Argyle Road and
Appian Way as shown on Record of Survey 2222, filed October 22nd, 1996, book 109 LSM page
30,
Thence, S17107'07"E along the monument line a distance of 333.71 feet, to a Standard County
monument being a point of deflection in the monument line as shown on said Record of Survey
2222;
thence, S310 46'20"E along said monument line a distance of 262.99 feet;
thence leaving said monument line at N55°49'17"E a distance of 42.04 feet to the easterly boundary
of Appian Way, as described in Roadway Dedication recorded September 112002 a Document
Number 2002-032271 _g0;
thence, N40°5933"E a distance of 231.25 feet to the northwesterly corner of parcel one described
in Book 16052 of Official Records, at page 898, recorded August 15th, 1990, being the true point
of beginning;
thence,N40°59'33"E a distance of 553.05 feet;
thence, S47°5527"E a distance of 104.74 feet;
thence, S40°59'32"W a distance of 339.02 feet;
thence, S58°23`27"E a distance of 166.25 feet;
thence, S40°59'28"yW a distance of 306.87 feet;
thence, N20°53'36"'UGW a distance of 143.71 feet;
thence,N49'00'27"W a distance of 142.00 feet, to the true point of beginning.
Containing 99,108,59 square feet or 2.275 acres more or less
Ordinance#2003-7
Subdivision#917583
Zane#3103
"Exhibit "B"
100 50 0 100 200 300
o SCALE 1N FEET
► ta
E)p 1'05'55,26" '"' La "`• �y
•i
J4� BRENNERI GAUDET
ft 238 APN 430-162-005
'; . 12-•31— �r 01--372877
ivi
OF
01P '110,
00 Ov
22
21
Found Standard t7 2 '
County Monument , �c. {
as per Record of rr, / rl•
Survey 2222 (109LSM30) ',� �
14
`?� 13BALAZS MFLCHOR & 1SABEL TRE
�C ,o�� a`any , f. 12 AFN 430-152-001
+4 ,,r 98-18942
016
10
DELARROZ
, �� '�F 3 ' APN 430-152-055
. P sr ,p�f'y /"�~ �? 02-135213
�. <c. 00,
1.071 'v 7
Va ,/�' 02--157955
98-18340S
r� PALISADES GAS AND MASH tA_ Q,1
Found Standard APN 430-152-068-1 r' � ��' CASEY DAVID W & MARY E
County Monument + APN 430-152-003'
as per Record of N55•4917E .s
Survey 2222 (109LSM30) 42.014'
DRAWN: M.K. UDI-TETRAD CONSULTING ENGINEERS, INC.
4 « + i'
SUBqj2,s zoNE,
sea
Mgr l<
_
� Y t7f � w �"i •
o r`
us �.
FA PE L
q i Cr+
s
IL
Sir o<
10
r
�.
airrl
TA
J�v 4 8 a g I
40 r
c
4 ' It 0
ELe »
.» � `�
' v 46
�, =� LT
" 5n 1
Q .9 Ram 4o
at ,. 40
P a
��ie r R924
Ir
5 �
SL
Is
IV!ZL
ffi o p C
AL
Ica
ro
m
m �y C ry
C.(O 6 .,tea„. ? E3
wE-Cs. �T fid° ro aria° rob N c
�IwIcn , tx stn C j '
ORDINANCE NO. 2003-7 ZONE 3103
FOR FISCAL YEAR JULY 1, 2004, THROUGH TUNE 30,2005
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
1 I Single Family Residence—
I residence, I 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
14 Single Family Residence— $200
other than single family land
15 Misc. Improvements— I site $200
16 Misc. Improvements—2 or more sites $200
17 Vacant— I 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 Combination $200
25 Apartments(5-12 units) $400
26 Apartments (13-24 units) $400
27 Apartments(25-59 units) $600
+ r 1
28 Apartments (60+ units) $ 300
29 Attached PUDs: $ 200
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stores $ 600
(711, 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
Horne Parks
45 Theaters $ 600
46 Drive-in Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial $ 40 1 0
.........................................................................
.............................................................
49 Now 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
65 Mini Warehouses (public Storage) $ 600
56 Wisc. Improvements $ 400
61 Rural, Req. Improvement IA-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
....................