HomeMy WebLinkAboutMINUTES - 06222004 - SD.3 TO: BOARD OF SUPERVISORS
Contra
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FROM: DENNIS M. BARRY,AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR County
MATE: June 22,2004
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 504, SUBDIVISION #SD038710 IN THE DISCOVERY BAY AREA.
(SUPERVISORIAL DISTRICT III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S) +&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 504 in County Service Area P-6.
(Resolution No. 20041261)
2. Adopt the Ordinance establishing a fee for Police Service District for SD038710.
(Ordinance 2004-21)
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 law. (August 24,2004)
FISCAL IMPACT
None
BACKGROUNDIREASONS FOR RECOMMENDATIONS
This application was approved by the Board of Supervisors on December 2,2003,with the requirement to establish
a Police Service District prior to recordation of the final map. A maximum of 203 residential lots are allowed.
Condition of Approval#72 of Subdivision#038710 requires the applicant to agree to place the development 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 -FZZ11_L\
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM1
APPROVE OTHER
SIGNATURE(S)-
ACTION OF BOARD ON ., 2po4 APPROVED AS RECOMMENDED X OTHER X
CL()m the public hearing; APS the recamendations as noted above.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
XUNANIMOUS(ABSENT l, V ) OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Contact:Debi Foley—335-1215 ATTESTED June 22, 200
cc: Community development Department(CDD) JOHN SWEETEN,CLERK OF
Elections-Rosa Mena THE BOARD OF SUPERVISORS
Sheriff-Coroner-Gloria Sutter AND COUNTY ADMINISTRATOR
County Clerk-Elections
Auditor-Controller
Assessor BY / J I ,DEPUTY
SD03371 O.psd/df
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 22,2004 by the following vote:
AYES: amwm s umnm, Desk hum, amam
NOES: NM
ABSENT: aTiMVISM OIOIA, aOVM
ABSTAIN: NM
SUBJECT: Creating County ) RESOLUTION NO.2004/261
Service Area P-6 Zone 504 ) (Gov. C. 25210.8 &
(SUB#038710) } 59000 ff.)
in the Discovery Bay 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 504 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.
Resolution N0. 2004/261
3. That Ordinance No.2004-21 adopted this date is to be presented for approval of the voters of
Zone 504 of County Service Area No. P-6 by an August 24, 2004 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2004-21 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 504 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 date shown.
TED: S.1 N �
cc: County Counsel ATTJOHN SWEETEN, Clerk of the Board
Elections—Rosa Mena u ervisor and % n y Administrator
Sheriff-Coroner, Gloria Sutter deputy
Auditor-Controller
Assessor
df
RESOLUTION NO. 2004/261=
_ .....
.... ....
.......
ORDINANCE NO. 2004-21
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
504 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 504 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 504 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2004-21
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 504
(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 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, 2005
through June 30, 2006) 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. 2004-21
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. 2004-21
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
inconsistent 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
inconsistent with this Ordinance, the times and procedure
regarding exemptions, due dates, installment payments,
corrections, cancellations, 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: I) 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
collecting 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, irrespective of the invalidity of any other article,
section, subsection, sentence, phrase or clause.
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall tape effect immediately upon its
confirmation by two-thirds of the voters voting within the Zone
in an election to be held August 24 , 2004 so that taxes shall
first be collected hereunder for the tax year beginning July 1.,
2005 .
-4-
ORDINANCE No. 2004-21.
PASSED AND ADOPTED at a regular muting of the Board of
Supervisors, County of Contra Costa, State of California, on June
22 , 2004 by the following Vete :
AYES : SUPERVISORS Uilkam, De&minier, Greenberg
NOES : I
ABSENT: SLT ERVISORS Gioia & Glover
ABSTAIN: I
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Administrator
Deputy Board Vice-Chair !�
-5-
ORDINANCE NO. 2004-21
_.
Ordinance#2404-21
Subdivision#038710
Zane#504
"Exhibit"A"
EXHIBIT "A" MARCH 4, 2004
jOB NO. : 1122-10
LEGAL DESCRIPTION
ANNEXATION TO THE TOWN OF DISCOVERS.' BAY
COMMUNITY SERVICES DISTRICT
APN# 011-220-002, 011-220-004,
011.-220-020, AND 011-220-021
CONTRA COSTA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUlTrY
OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 1
NORTH, RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE MONUMENT MARKING THE CENTERLINE INTERSECTION OF
SIXLER ROAD AND POINT OF TIMBER ROADr SAID MONUMENT ALSO BEING THE
NORTHWEST CORNER OF SAID SECTION 26;
i) THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE CENTERLINE
OF SAID POINT OF TIMBER ROAD, SOUTH 88059' 27" EAST 1,649 .51
FEET TO THE POINT OF BEGINNING FOR, THIS DESCRIPTION;
2) THENCE, FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID
CENTER LINE, SOUTH 88059'27" EAST 990.00 FEET;
3) THENCE, LEANING SAID CENTERLINE, SOUTH 01001' 09" WEST 2 , 641 .32
FEET;
3
4) THENCE, NORTH 89008109" WEST 990 .00 FEET;
1 5) 'THENCE, NOR'T'H 01001' 09- EAST 2, 643 .83 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 60.06 ACRES OF LAND, MORE OR LESS,
END OF DESCRIPTION
' No.
* OEL A. GAR.CIA
1 t1 L.S. NO. 5285
EXPIRES: DECEMBER 31, 2005
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ORDINANCE NO. 2004-21 ZONE 504
FOR FISCAL YEAR. JULY 1. 2005, THROUGH JUNE 30, 2006
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY 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
14 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. wlcommon 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
28 Apartments (60+ units) $ 800
29 Attached PUDs; $ 200
Cluster Hames, Condos, etc.
30 Vacant - Commercial $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stares $ 600
(7-11,etc.)
33 Office Buildings $ 400
34 Medical, Dental $ 400
36 Servide 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 $ 804
43 Financial Buildings $ 400
(ins.,Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 600
Home Parks
46 Theaters $ 600
46 Drive-in Restaurants $ 400
47 Restaurants (not drive-in) $ 400
48 Multiple & Commercial $ 400
49 New Car Agencies $ 400
50 Vacant Ind (,not part of $ 100
Ind. park or P. & d-)
51 Industrial Park $ 600
52 Research & Development $ 400
53 Ught Industrial $ 440
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
5£ Misc. Improvements $ 400
61 Rural, 'Res. Improvement IA-10A $ 200
62 Rural, wtor w/o Structure 1 A-1 OA $ 200
70 Convalescent Hospitals/ $ 440
Rest Homes
73 Hospitals $ 400
74 Cemeteries/Mortuaries $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Housing Complex $ 500
78 Parks & Playgrounds 500
65 Public & Private Parking $ 400
67 Common Area $ 400
88 Mobile Hames $ 240
89 Other (split parcels In different $ 200
tax oode areas)
99 Awaiting Assignment $ 200
Resolution#2004/261
Subdivision #038710
Zone#504
�/
"Exhibit"A"
EXHIBIT "Aly
ly MARCH 4, 2004
1 1� JOE NO. : 1122-10
LEGAL DESCRIPTION
ANNEXATION TO THE TOWN OF DISCOVERY BAY
COMMUNITY SERVICES DISTRICT
APN# 011-220-0302, 011-220-004,
011-220-020, AND 011-220-021
CONTRA COSTA COUNTY, CALIFORNIA
r
i REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
I
BEING A PORTION OF THE NORTHWEST QUARTER. OF SECTION 26, TOWNSHIP 1
NORTH, RANGE 3 EAST, MOUNT DIABLO BASFAND MERIDIAN, MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE MONUMENT MARKING THE CENTERLINE INTERSECTION OF
BIXLER ROAD AND POINT OF TIMBER ROAD; SAID MONUMENT ALSO BEING THE
NORTHWEST CORNER OF SAID SECTION 26;
1) THENCE, FROM SAID POINT OF COMMENCEMENT, ALONG THE CENTERLINE
OF SAID POINT OF TIMBER ROAD, SOUTH 88059'27" EAST 1,649 .51
FEET TO THE POINT OF BEGINNING FOR THIS DESCRIPTION;
2) THENCE, FROM SAID ?JOINT OF BEGINNING, CONTINUING ALONG SAID
CENTER LINE, SOUTH 88059'27" EAST 990 .00 FEET;
} 3) THENCE,' LEAVING SAID CENTERLINE, SOUTH 01001' 09" WEST 2, 641 .32
FEET;
4) THENCE, NORTH 89008' 09" WEST 990 . 00 FEET;
5) THENCE,, NORTH 01°01' 09" EAST 2 , 543 . 63 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 60 .06 ACRES OF LAND, MORE OR LESS.
END OF DESCRIPTION
No.ON
. OEL A. GARCIA
L.S. NO. 5285
EXPIRES: DECEMBER 31, 2005
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