HomeMy WebLinkAboutMINUTES - 07112006 - SD.7 F C
TO: BOARD OF SUPERVISORS L
' Contra
FROM: DENNIS M. BARRY, AICP os Costa
COMMUNITY DEVELOPMENT DIRECTOR `'' County
DATE: July 11, 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 207 FOR SUBDIVISION
#SD048902 IN THE BAY POINT AREA (SUPERVISORIAL DISTRICT V)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Adopt the Resolution authorizing an election for Zone 207 in County Service Area
P-6. (Resolution No. 2006/372)
2. Adopt the Ordinance establishing a fee for Police Service District for SD048902.
(Ordinance 2006-23)
CONTINUED ON ATTACHMENT: X YES SIGNATURE �-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
----APPROVE OTHER
C
SIGNATURES
ACTION OF BO R ON —APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT rLd-^� 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 ATTESTEVSA*NCOUNTY
JOHN CK OF THE BOARD OF
cc: Community Development Department(CDD) SUPERVI ADMINISTRATOR
Elections-Rosa Mena
Sheriff Coroner-Gloria Sutter
Auditor-Controller BY C� r EPUTY
Assessor
Gus Kramer
SD048902.psd/df
July 11, 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. (September
11, 2006)
BACKGROUND
This application was approved by the County Zoning Administrator on September 26, 2005, with the
requirement to establish a Police Service District prior to recordation of the final map. A maximum of
8 single-family residential lots are allowed.
Condition of Approval #15 of Subdivision #048902 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 July 11, 2006 by the following vote:
AYES: Ui►kema,Piepho,DeSaulnier,Glover and Gioia
NOES: '_Pone
ABSENT: None
ABSTAIN: None
SUBJECT: Creating County ) RESOLUTION NO.2006/372
Service Area P-6 Zone 207 ) (Gov. C. 25210.8 &
(SUB 048902) ) 59000 ff)
in the Bay Point 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 207 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.2006-23 adopted this date is to be presented for approval of the voters of
Zone 207 of County Service Area No. P-6 by a September 11, 2006 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 2006-23 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 207 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 hPrc--hv certify that this is a true and correct
copy of an action take and entered on the
minutes of the Boar f Supervisors on the
Orig. Dept:Community Development date shown.ATTESTED: GEj:
cc: County Counsel JOHN T lerk of the Board
Elections—Rosa Mena of Su r an Co A imi ' trator
Sheriff-Coroner, Gloria Sutter
Auditor-Controller B eputy
Assessor
df
RESOLUTION NO. 2006/372
Resolution #2006/372
Subdivision #048902
Zone#207
"Exhibit "A"
Job No. 04188 Police Service District
April 13, 2006 Subdivision 8902
EXHIBIT `A'
Real property situated in the County of Contra Costa, State of California, Further described as
follows:
Being a portion of Lot 29 of the Bella Vista Subdivision, recorded in Book 18 of Maps at Page
450, Contra Costa County Records, further described as follows:
BEGINNING at a point on the northerly line of said Lot 29 at the intersection with the westerly
line of Bella Vista Avenue, as shown on the map of said Bella Vista Subdivision (18-M-450);
thence, (1) leaving said Point of Beginning and said northerly line South 0600'00" West, 281.8
feet, more or less to the northerly line of the parcel of land granted in the deed from Angelo
Columbo, et al., to East Bay Municipal Utility District, recorded December 23, 1925, in Book 13
of Official Records at Page 476, Contra Costa County Records; thence, (2) along said northerly
line North 73°08'30" West, 293.25 feet, more or less, to a point on the westerly line of said Lot
29 (18-M-450); thence, (3) leaving said northerly line along said westerly line North 0°00'00"
West, 194.7 feet, more or less, to the northwest corner of said Lot 29 (18-M-450); thence, (4)
along said northerly line North 90°00'00" East, 280.00 feet to the Point of Beginning.
Containing 1.53 acres, more or less.
This description of land is not a legal property description as defined in the Subdivision Map Act
and may not be used as the basis for an offer for sale of the land described.
Resolution #2006/372
BAY POINT Subdivision #048902
Zone#207
WILLOW PASS ROAD "Exhibit "B"
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LEGEND
SCALE IN FEET BOUNDARY OF PARCEL
POLICE SERVICE DISTRICT'— SUBDIVISION 8902
DeBolt Civil Engineerie 1 5
S7 Z)
ORDINANCE NO. 2006-23. -�/�/�p
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone 207 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 207 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 207 of
County Service Area P-6 nor any land or improvements owned by any governmental entity.
2. "Fiscal year" means the period of July 1 through the following June 30.
3. Contra Costa County Service Area P-6 Zone 207 (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 2006-23
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 2006-23
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 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 207 in an election to be held September 11, 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 July 11, 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: _
eputy Bo rd h r
Ordi rice 2006-23
3
Ordinance#2006-23
Subdivision #048902
Zone#207
"Exhibit"A"
Job No. 04188 Police Service District
April 13, 2006 Subdivision 8902
EXHIBIT `A'
Real property situated in the County of Contra Costa, State of California, Further described as
follows:
Being a portion of Lot 29 of the Bella Vista Subdivision, recorded in Book 18 of Maps at Page
450, Contra Costa County Records, further described as follows:
BEGINNING at a point on the northerly line of said Lot 29 at the intersection with the westerly
line of Bella Vista Avenue, as shown on the map of said Bella Vista Subdivision (18-M-450);
thence, (1) leaving said Point of Beginning and said northerly line South 0°00'00" West, 281.8
feet, more or less to the northerly line of the parcel of land granted in the deed from Angelo
Columbo, et al., to East Bay Municipal Utility District; recorded December 23, 1925, in Book 13
of Official Records at Page 476, Contra Costa County Records; thence, (2) along said northerly
line North 73°08'30" West, 293.25 feet, more or less, to a point on the westerly line of said Lot
29 (18-M-450); thence, (3) leaving said northerly line along said westerly line North 0°00'00"
West, 194.7 feet, more or less, to the northwest corner of said Lot 29 (18-M-450); thence, (4)
along said northerly line North 90°00'00"East, 280.00 feet to the Point of Beginning.
Containing 1.53 acres, more or less.
This description of land is not a legal property description as defined in the Subdivision Map Act
and may not be used as the basis for an offer for sale of the land described.
Ordinance#2006-23
BAY POINT Subdivision #048902
Zone#207
WILLOW PASS ROAD "Exhibit"B"
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LEGEND
SCALE IN FEET BOUNDARY OF PARCEL
POLICE SERVICE DISTRICT N SUBDIVISION 8902
DeBolt Civil En eerie D%
PLAT TO ACCOMPANY g1-ri g 19/2006s�al�:
LEGAL DESCRIPTION D 811 San Ramon Valley Boulevard 1"=100'
Danville,California 94526 B JED/adv
EXHIBIT T" 925/837-3780 Job No.:
04188
ORDINANCE NO. 2006-23 ZONE 207
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