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HomeMy WebLinkAboutMINUTES - 05162006 - SD.4 TO: BOARD OF SUPERVISORSf. 4 Contra FROM: DENNIS M. BARRY AICP y, P. s Costa COMMUNITY DEVELOPMENT DIRECTOR County couK'� DATE: May 16, 2006 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 ZONE 1005 FOR SUBDIVISION #SD058984 IN THE MARTINEZ AREA (SUPERVISORIAL DISTRICT II) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Adopt the Resolution authorizing an election for Zone 1005 in County Service Area P-6. (Resolution No. 2006/191) 2. Adopt the Ordinance establishing a fee for Police Service District for SD058984. (Ordinance 2006-15) ! CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L-APPROVE OTHER SIGNATURE(S):QLZ,e,,�, ACTION OF BO ON APPROVED AS RECOMMENDED O HER CLOSED THE Pr/D C HEARING NO PUBLIC COMMENT. VO E OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT7WA6 CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Debi Foley-335-1215 ATTESTED �t(J JOHN CULLEN, ERK 10F THE BOARD OF cc: Community Development Department(CDD) SUPERVISORS A COUNTY ADMINISTRATOR Elections-Rosa Mena , Sheriff Coroner-Gloria Sutter � / `/ )L ' , Auditor-Controller BY SGC Q( .(1Z� ,DEPUTY Assessor O'Brien Group SD058984.psd/df May 16, 2006 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. (July 18, 2006) BACKGROUND This application was approved by the County Zoning Administrator on December 5, 2005, with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 128 single-family residential lots are allowed. Condition of Approval #14 of Subdivision #058984 requires the applicant to agree to place the development in a "County Service Area" to augment police services based upon the use of the site. The initial assessment is $200.00 per lot. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 16, 2006 by the following vote: AYES:, Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None -- SUBJECT: Creating County ) RESOLUTION NO.2006/191 Service Area P-6 Zone 1005 ) (Gov. C. 25210.8 & (SUB 058984) ) 59000 f£) 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"A"is established as Zone 1005 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.2006-15 adopted this date is to be presented for approval of the voters of Zone 1005 of County Service Area No.P-6 by a July 18,2006 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2006-15 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1005 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. Orig. Dept:Community Development cc: County Counsel Elections—Rosa Mena Sheriff-Coroner, Gloria Sutter Auditor-Controller Assessor df RESOLUTION NO. 2006/191 Resolution #2006/191 Subdivision #058984 ®®al Zone#1005 0■ "Exhibit "A" BKF O'Brien at Pacheco,LLC 2001 Winward Way San Mateo, CA 94404 ENGINEERS Phone: (650) 377-0300 SURVEYORS Project Number: SD8984 PLANNERS April 12,2006 EDIT"A" PROPERTY DESCRIPTION FOR POLICE SERVICES DISTRICT All that certain real property situate in the County of Contra Costa, State of California, and described as follows: BEGINNING at the most easterly corner of Parcel "A" as said parcel is shown on that certain map entitled "Parcel Map, Portion Rancho Las Juntas, Contra Costa County, California,M.S. 107-73",filed November 29, 1973, in Book 3 of Parcel Maps at Page 25, in the Office of the Recorder of Contra Costa County, on the southwesterly right of way line of Pacheco Boulevard(right of way varies); THENCE leaving said southwesterly right of way line South 39°48'29" West 320.70 feet; THENCE South 46°15'31"East 120.00 feet; THENCE South 39°48'29" West 169.31 feet; THENCE North 53°52'31" West 352.50 feet; THENCE North 44°12'31" West 52.89 feet; THENCE South 35°27'29" West 261.93 feet; THENCE North 62°22'31" West 575.27 feet; THENCE North 32°44'29" East 649.96 feet to said southwesterly right of way line of Pacheco Boulevard and a point on a curve, concave northeasterly, having a radius of 412.00 feet,from which the center bears North 34°53'14"East; THENCE along said southwesterly right of way line the following five(5)courses: 1)along said curve through a central angle of 30°08'12",an arc distance of 216.71 feet; Page 1 of 2 Resolution #2006/191 Subdivision #058984 Zone #1005 "Exhibit "A" April 12,2006 BKF Job No.20047091 Police Services District Project Number: SD8984 2)South 8514'58" East 107.45 feet; 3) along a curve to the right having a radius of 686.25 feet through a central angle of 29°54'00", an are distance of 358.13 feet; 4)leaving said curve on a non-tangent line South 52°32'10" East 39.69 feet; 5) along a curve to the right having radius of 1958.00 feet through a central angle of 07°11'40", an arc distance of 245.86 feet to the POINT OF BEGINNING. Containing an area of 13.795 acres,more or less. Assessor's Parcel Numbers: 161-262-022 and 161-262-023. The bearing"North 44°37'51" West"between found monuments as shown on that certain Parcel Map recorded November 29, 1973, in Book 31 of Parcel Maps at Page 25, in the Office of the Recorder of Contra Costa County,was used as the Basis of Bearings for this description. A plat showing the above description is attached hereto and made a part hereof as Exhibit «B„ This description was e for BKF Engineers. S\�t-PL LANAs B �� �� O By: Barr, illiams,P.L.S.No. 6711 •6711 License Expires: 06/30/06 E Dated: k:\main\2004\20047091\08 survey\k plats&legal descriptions\psd desc.doc Page 2 of 2 Resolution #2006/191 Subdivision #058984 Zone#1005 "Exhibit "B" N 52032'10" W 39.69' PACHECO N 44°39'30"E �R) RIGHr OF BOULf�ARD A= 30°08'12' — — BASIS VARIES r, R = 412.00' CONTRA C STA r OF BEA RIN L = 216.71' COUNT R = 6 6 2 0 W R L 1�5 .t40J o N 44°37'S1 W CS L 38 N N q01NT OF po $ a C G�INNI 3 ? 53� 14"-E--l( 00 d Z UBD 10 84 ' W T 7 1 ELM NER AC W z PARCEL D m 13.79 A R S ' 015 30_ 32 LSM IS _`� ( �a4 2�3 W w I 1 931 1 32. 0' \ N 3 N 53°52'31" W \ \ o QN 44012'31" W \ M N 52.89' Z LO to SHANNON HILLS V' HOMEOWNERS A55N 13229 O.R. 598 N 62°22'31~W 575.27' PARCEL A GRAPHIC SCALE TRACT 6293 0 100 zoo 293 M 49 Q = 68 ( IN FEET ) j 1 inch = 200 feet N w OWNER: pACHEC0 O'BRIEN AT PACHECO. LLC eCL 2001 WINWARD WAY SITE �o� SAN TEO, CA 94404 PHONE:A (650) 377-0300 ��SG VICINITY MAP NOT TO SCALE F` PROJECT NUMBER: SD8984 COUNTY OF. CONTRA COSTA, CALIFORNIA EXHIBIT "B" 2737 NORTH MAIN STREET Subject PLAT TO ACCOMPANY DESCRIPTION SUITE 200 FOR POLICE SERVICES DISTRICT ll �® WALNUT CREEK. CA 94596 Job No, 20047091 0 BRF 925-940-2200 By MLM Date 04/12/06 Chkd.BTW ENGINEERSISURVEYORS IPUNNERS 925-940-2299 (FAX) SHEET 1 OF 1 Clerk of the Board (1) 1-sided Original (12) 2-sided Copies,. ORDINANCE NO. 2006-15. (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1005 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 1005 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 1005 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 1005 (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 2006-15 1 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 IA 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, 2007 through June 30, 2008) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. 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. Ordinance 2006-15 2 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 theywould 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 1005 in an election to be held July 18, 2006 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2007. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on May 16, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, County Administrator and Clerk of the Board of Supervisors By: IIJL/ Deputy o d Chair Ordinance 2006-15 3 Ordinance#2006-15 S Subdivision #058984 ■�S Zone#1005 _ "Exhibit "A" O'Brien at Pacheco, LLC BKF 2001 Winward Way San Mateo, CA 94404 ENGINEERS Phone: (650) 377-0300 SURVEYORS Project Number: SD8984 April 12, 2006 PLANNERS EXHIBIT "A" PROPERTY DESCRIPTION FOR POLICE SERVICES DISTRICT All that certain real property situate in the County of Contra Costa, State of California, and described as follows: BEGINNING at the most easterly corner of Parcel "A" as said parcel is shown on that certain .map entitled "Parcel Map, Portion Rancho Las Juntas, Contra Costa' County, California, M.S. 107-73", filed November 29, 1973, in Book 3 of Parcel Maps at Page 25, in the Office of the Recorder of Contra Costa County, on the southwesterly right of way line of Pacheco Boulevard (right of way varies); THENCE leaving said southwesterly right of way line South 39°48'29" West 320.70 feet; THENCE South 46°15'31" East 120.00 feet; THENCE South 39°48'29" West 169.31 feet; THENCE North 53°52'31" West 352.50 feet; THENCE North 44°12'31" West 52.89 feet; THENCE South 35°27'29" West 261.93 feet; THENCE North 62°22'31" West 575.27 feet; THENCE North 32°44'29" East 649.96 feet to said southwesterly right of way line of Pacheco Boulevard and a point on a curve, concave northeasterly, having a radius of 412.00 feet, from which the center bears North 34°53'14" East; THENCE along said southwesterly right of way line the following five (5) courses: 1) along said curve through a central angle of 30°08'12", an are distance of 216.71 feet; Page 1 of 2 Ordinance#2006-15 Subdivision #058984 Zone #1005 "Exhibit "A" April 12, 2006 BKF Job No. 20047091 Police Services District Project Number: SD8984 2) South 8514'58" East 107.45 feet; 3) along a curve to the right having a radius of 686.25 feet through a central angle of 29°54'00", an arc distance of 358.13 feet; 4) leaving said curve on a non-tangent line South 529210" East 39.69 feet; 5) along a curve to the right having radius of 1958.00 feet through a central angle of 071140", an arc distance of 245.86 feet to the POINT OF BEGINNING. Containing an area of 13.795 acres, more or less. Assessor's Parcel Numbers: 161-262-022 and 161-262-023. The bearing"North 44°37'51" West" between found monuments as shown on that certain Parcel Map recorded November 29, 1973, in Book 31 of Parcel Maps at Page 25, in the Office of the Recorder of Contra Costa County, was used as the Basis of Bearings for this description. A plat showing the above description is attached hereto and made a part hereof as Exhibit «B„ This description was re for BKF Engineers. S�pNAL LA-No S By: Barr illiams, P.L.S. No. 6711 No. 6711 License Expires: 06/30/06 Dated: /�/� F ChlF4��\P k:\main\2004\20047091\08 survey\k plats&legal descriptions\psd desc.doc Page 2 of 2 Ordinance #2006-15 Subdivision #058984 Zone#1005 "Exhibit "B" N 52°32'10" W 39.69' PACHE — -- — — N 44°39'30"E (R) RICHT OFO BOULEVARD 0= 30°08'12' — _ _ BASIS WA Y VARIES R = 412.00' CO RA C STA �1 ---, -- N OFBE, RIN L = 216.71- COUNT °54 00'"— 44°37, Gs GN�G R = 6 6�2 ' W ; R 1958.00' W L 3 81- 245. -- Clq 10 k 0 M POINT OF - ►n-. _ 3 ---- BEGINNIl _�= W 'r nom-----�— 34 53:14 E ;(R) 64 - °obi Q I VISION 84 "' ccSUBD 7 7 ] BELMNT TERRACE. _a r __',�' = I 13.795 ACR PARCEL D �— - 32 LSM IS -�- - — _ 8�_ -- 39°04 3 --- _ 3$2.50 N 53052'31" W a N 44°12'31" W N 52.89' ........- I i� z -; — M SHANNON HILLS HOMEOWNERS ASSN ] 3229 O.R. 593 WW 575.27 N 62°22 31 PARCEL A GRAPHIC SCALE TRACT 5293 0 100 200 400 293 M 49 oQ 2 68 ( IN FEET ) 1 inch = 200 feet S NP w Pq�HECOWNER: 0 O'BRIEN AT PACHECO, LLC ACL 2001 WINWARD WAY SITE o� SAN MATEO, CA 94404 PHONE: (650) 377-0300 VICINITY MA NOT TO SCALE ASF PROJECT NUMBER: SD8984 COUNTY OF CONTRA COSTA, CALIFORNIA EXHIBIT B" 2737 NORTH MAIN STREET Subject PLAT TO ACCOMPANY DESCRIPTION aw SUITE 200 FOR POLICE SERVICES DISTRICT ImothWALNUT CREEK, CA 94596 Job No. 20047091 BRF 925-940-2200 By MLM Date 04/12/06 Chkd.BTW ENGINEERS I SURVEYORS IPIANNERS 925-940-2299 (FAX) SHEET 1 OF 1 ORDINANCE NO. 2006-15 ZONE 1005 FOR FISCAL YEAR JULY 1, 2007, THROUGH JUNE 30, 2008 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. 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 28 Apartments (60+ units) $ 800 29 Attached PUDs: $ 200 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 100 31 Commercial Stores - $ 600 Not Supermarkets 32 Small Grocery Stores $ 600 (7-11, 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 Home Parks 45 Theaters $ 600 46 Drive-In Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 Multiple & Commercial $ 400 49 New 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 55 Mini Warehouses (public Storage) $ 600 56 Misc. Improvements $ 400 61 Rural, Res. Improvement 1A-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 S 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