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Home My WebLink AboutMINUTES - 04052005 - SD.2 4057 TO.TO. BOARD OF SUPERVISORS •j; '. ` Contra FROM: DENNIS M. BARRY,AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: April 5, 2005 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 1004, SUBDIVISION #SD048839 IN THE MARTINEZ AREA. (SUPERVISORIAL D I ISTRICT 11) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 Adopt the Resolution authorizing an election for Zone 1004 in County Service Area P-6. (Resolution No. 2005/179) 2. Adopt the Ordinance establishing a fee for Police Service District for SD048839. (Ordinance 2005-11) 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. (June 7,2005) FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This application was approved by the Board of Supervisors on March 1,2005,with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 16 residential lots are allowed. Condition of Approval#16 of Subdivision#048839 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. J, CONTINUED ON ATTACHMENT: X YES SIGNATURE,, • RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIOWOF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY X UNANIMOUS(ABSENT OF AN ACTION TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: 0 r �7 Contact:Debi Foley—335-1215 ATTESTED cc: Community Development Department(CDD) JOHN SWEETE CL RK OF Elections-Rosa Mena THE BOARD SUPERVISORS Sheriff-Coroner-Gloria Sutter AND COON ADMINISTRATOR County Clerk-Elections Auditor-Controller Assessor B DEPUTY SD048839.psd/df THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 5, 2005 by the following vote: i AI AYES* NOES: ABSENT: Lz ABSTAIN: SUBJECT: Creating County RESOLUTION NO.2005/179 Service Area P-6 Zone 1004 (Gov. C. 25210.8 & (SUB 038738) 59000 ff.) in the Martinez 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"All is established as Zone 1004 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 fon-nation 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. That Ordinance No.2005-11 adopted this date is to be presented for approval of the voters of Zone 1004 of County Service Area Na.P-6 by a June 7,2005 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2005-11 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1004 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 theZBoard f Supervisors on the Orig. Dept:Community Development date shown. 11 ,Z cc: County Counsel ATTESTED: JOHN SWEET^, Clerk of the Board Elections—Rosa Mena of Su rvisors and C Y Administrator r Sheriff-Coroner, Gloria Sutter Auditor-Controller By Deputy Assessor df RESOLUTION NO. 2005/179 Resolution #2005/179 Subdivision#048839 Zone#1004 "Exhibit"B" • CL I SIT 0,4b W ONAIMMM wir 0 1%4-93' 40# %"'A (.kT A.3 NR AOL '(0 eP V� tgot) 0 (Izv VO '99LOFESS/ jog 02 ilo OS 14 J61D M,6 29528 Exp. 3-31-07 ilo y fdo tA -%60 or C �' 1 .�'�` 0 off'' Wes!0 02-6Klaf*' i6o "ll 0 120 240 APN: 159-170-034 FARR & S I inch 120 ft. T CONTAINING 3*66 AC MOR 0 tb (D lot) it 0 PON 0 006 COUNTY OF CONTRA COSTA S J VEYOR PLAT "n 03/07/06 HUMMN C-OMPAW INC. 'YEMSKEE LANE 9' -- tog) 1180W AM WAYWM. CA 94US or I re (Imp=-wo IFAX SUBDIVISION 8839 SON NO. 04016 Resolution #2005/179 Subdivision #048839 Zone#1004 "Exhibit"A" 11"ExRmff xv PORTION OF THE RANCHO LAS RWAS,DESCRIBED AS FOLLOWS: BEGDeQNG ON IM WEST LINE OF THE C0tJNTY ROAD KNOWN AS BLU ROAD,AT THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM MARTHA J. MERLE TO MARGARET WILLOWS.,DATED JULY 309 1932,RECORDED AUGUST 2, 1932,N BOOK 319 OF OFFICIALS RECORDS, PAGE 262;THENCE FROM SAED POINT OF EIWDJMNG:,SOUTH I 0OW"3611 EAST ALONG SAID WEST 1,24E,40-80 FEET,THENCE ALONG TM NORTIF-RN EXTERIOR LINE OF THAT PARCEL MAP.,FILED SEPTEMBER 18701991 IN BOOK 154 OF PARCEL MAPS,,PAGE 27t 154 PM 27 CONTRA COSTA COUNTY RECORDERS OFFICE SOUTH 890 23'9 IjVt WEST,386.28 FEET;THENCE ALONG WESTMN LINE OF SAID 154 PM 27 SOUTH 11°27'40 WEST, 125.14 FEET; THENCE SOUTH 81*08`37"WEST,653.94 FEET TO THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM PAUL DEMAR17INL ET All., TO W.H.HESTON,ET UX,DATED MAY 411931,RECORDED MAY I 5-p 193 1,IN BOOK 278 OF OFFICIAL RECORDS,PAGE 240;THENCE NORTH 1800I'l V WEST ALONG SAID EAST LINE,269.24 FEET TO THE SOUTH LINE OF SAID W&WWS PARCEL(319 OR 262);THENCE NORTH 89*23.14'EAST,ALONG SAID SOUTH LM 1083.72 FEET TO THE POINT OF BEGINNING. CONTAINING 3.66 ACRES MORE OR LESS BEING APN 159-170-034' -N0.2%m rXp-03-31-D7 ct ORDINANCE NO. 2005-11 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1004 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 1004 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 XIHA 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 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 1004 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. "Fiscal year" means the period of July I through the following June 30. 3. Contra Costa County Service Area P-6 Zone 1004 (hereinafter 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 C 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. Ordinance 2005-11 1 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: 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 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 take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone 1004 in an election to be held June 7, 2005 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2006. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on April 5, 2005 by the following vote: AYES:SUPERVISORS 'e n NOES: IV&n e.... ABSENT: 64ove r ABSTAIN: e, ATTEST: JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors By: all eputy Boar(L/Ohair i Ordinance 2005-11 3 Ordinance#2005-11 Subdivision#048839 Zone#1004 "Exhibit"B" CIO Og CLM 1K w W WMAIMMM IlpffA Wf x� '� ° *00 40 (V _ � 'COW g� P, -11() 020 ,qtj)FESSj0* A cf 1%jv�k 00 lei mor "A t4 M4, 29528 t4 Exp, 3-31-07 ADAM .0t) -VO 01 C Wes! 0 026ppN 1169 0 120 240 APN: 159-170-034 1 inch 120 fit. FAIR & IS CONTAINING 3.66 AC otg-, 0 021, Ao NJ& 4� Sj 10 006 442,4 COUNTY OF CONTRA COSTA SURVEYOR SCID PLAT -Um 03/07/06-- HUMANN COMPANY INC. ► P"EMSHEE LANE"' p MW I I OF 1 tO.1) 11NOW AM WOMM. CA 94UA - ra (V,35pA3-60M VAX (925)M-361M SUBDIVISION 88390401 ---- 6 SOD N 0O. ORDINANCE NO. 2005-11 ZONE 1004 FOR FISCAL YEAR .JULY 1., 2006, THROUGH JUNE 30.5 2007 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence-- 1 residence, I site $200 12 Single Family Residence- $200 1 residence,, 2 or more sites 13 Single Family Residence- $200 2 residences on I 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