HomeMy WebLinkAboutMINUTES - 03112008 - SD.3 5VO>3
TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY AICP j ... ` ,,s Costa
COMMUNITY DEVELOPMENT DIRECTOR � ` '° -T'� County
DATE: March 11, 2008
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 2503 FOR SUBDIVISION
#SD069159 IN THE RODEO AREA (SUPERVISORIAL DISTRICT II)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Adopt the Resolution authorizing an election for Zone 2503 in County Service Area
P-6. (Resolution No. 2008/87)
2. Adopt the Ordinance establishing a fee for Police Service District for SD069159.
(Ordinance 2008-06)
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
c,�APPROVE OTHER
r
SIGNATURE(S):
ACTION OF BO(R-ON /�,, i� APPROVED AS RECOMMENDED - OIHER_
V
VC)TE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
V UNANIMOUS(ABSENT'. 01, 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: Foster Lee, 335-1313 ATTESTED�� 11t ) 2-009
JOHN CULLEN, CLERK SOF THE BOARD OF
cc: Community Development Department(CDD) SUPERVISORS AND COUNTY ADMINISTRATOR
Elections-Rosa Mena
Sheriff Coroner-Liz Arbuckle
Auditor-Controller Bww� DEPUTY
Assessor
Rodeo Swimming Club, Inc.
SD069159.psd/fl
Board of Supervisors
March 11, 2008
3. Direct the County Clerk to conduct the election required by Government Code
Section 53978. This election shall be conducted by mail ballot pursuant to Election
Code Section 4000 and shall be held on the earliest date permitted by law. (May
13, 2008)
FISCAL IMPACT
None
BACKGROUND
This application was approved by the Board of Supervisor on October 9, 2007,with the requirement to
establish a Police Service District prior to recordation of the final map. A maximum of 18 lots are
allowed comprised of 17-residential lots, along with a 0.8-acre parcel to be used for the swim club.
Condition of Approval #41 of Subdivision #069159 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 and $800.00 for the swim club.
Resolution #2008/87
Subdivision 4069.159
Zone #2503
"Exhibit "A"
AREA OF POLICE SERVICES DISTRICT ELECTION
SUBDIVISION 9159
November 14, 2007
Job No. 06191
EXHIBIT `A'
All that certain real property situated in the County of Contra Costa, State of California,
described as follows:
A portion of the Rancho Pinole, further described as follows:
BEGINNING on the Northeast line of Laurel Court, as designated on the Map of Tract No. 3283,
which Map was filed in the office of the Recorder of Contra Costa County, State of California on
April 12, 1957, Volume 67 of Maps, at Page 1, at the most Southerly corner of Lot 140, as
designated on said Map; thence from said Point of Beginning along the exterior boundary lines
of said tract (67 Maps 1); thence leaving said Point of Beginning along the northeast line of
Laurel Court, North 52° 01' 02" West, 27.90 feet; thence leaving northwest line of Laurel Court
North 37° 56' 47" East, 39.90 feet; thence North 2°59'43" East, 109.67 feet and North 52°01'02"
West, 194.85 feet to the south line of the tract of land of the designated on. the map entitled "Map
of Rodeo, Contra Costa County, California", which was filed in the Office of the County
Recorder of Contra Costa, State of California, on February 5, 1892 in Volume D of Maps, at
Page 91; thence easterly along said south line North 66°27'45" East, 108.80 feet and North
75°40'43" East, 663.80 feet to the northeast line of the 20 feet in width strip of land described as
Parcel Two in the deed from Tormey Estate Company to East Bay Municipal Utility District,
dated March 26, 1936, in Volume 408 of Official Records, at page 317; thence South 37°58'58"
West along said northeast line 750.70 feet, to the northeast line of said Laurel Court, thence
North 52°01'02" West, along said northeast line, 172.05 feet to the Point of Beginning.
Containing 4.06 acres of land more or less. 1A
`N r 3)3116
Resolution #2008/87
Subdivision #069159
Zone #2503
"Exhibit "13"
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EXHIBIT "Btr Date:
DeBolt Civil Engineeruig 11n4/07
PLAT TO ACCONTA�NY 811 San Ramon Valley Boulevard Scale_100'
LEGAL DESCRIPTION DD Danville,California 94326 BT.JED ki
AREA OF POLICE SERVICES DISTRICT ELECTION 923/837-3780 Job No.:
06191
ORDINANCE NO. 2008-06
(,An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone 2503 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I. Pi)RPOSE 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 2503 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 lei-islation
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 payirl« 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 2503 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 2503 (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 (CPl-U) for
the San Francisco-Oakland-San ,Tose 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 uovernment
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 2008-06
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 I herein. The adjustment from actual to constant dollars shall be made by use of
the Consumer Price Index, as specified in Section III 1 B 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, 2009 throuoh June 30, 2010) 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 vear. 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:
Tal Per Parcel Tax Per Parcel (Consumer Price Index
For then Current = For First X for April of Immediately
Fiscal Year Fiscal Year Precedin<7 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 vear.
?. 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 duringTthe remainder of the fiscal vear 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 properly. in accordance
with Revenue and Taxation Code Section—'?]87, and shall have the same effect as an ad valorem real
property tax lien until fully paid.
Ordinance 2008-06
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 pad ments. 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 2503 in an election to be held Mav l 3. 2008 so that taxes shall first be collected
hereunder for the tax year beginning July L 2009.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra
Costa. State of California, on March 11. 2008 b\Y the followin�� vote:
AYES: GIOIA, UILKEMA, BONILLA, PIEPHO, &GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: JOHN CULLEN, County Administrator and
Clerk of the Board of Supervisors
By: PJAftUW 51UJOIK�,_
Deputy Board hat
Ordinance 2008-06
13 J_
Ordinance #2008-06
Subdivision #069159
Zone #2503
".Exhibit "A"
AREA OF POLICE SERVICES DISTRICT ELECTION
SUBDIVISION 9159
November 14, 2007
Job No. 06191
EXHIBIT `A'
All that certain real property situated in the County of Contra Costa, State of California,
described as follows:
A portion of the Rancho Pinole, further described as follows:
BEGINNING on the Northeast line of Laurel Court, as designated on the Map of Tract No. 3283,
which Map was filed in the office of the Recorder of Contra Costa County, State of California on
April 12, 1957, Volume 67 of Maps, at Page 1, at the most Southerly corner of Lot 140, as
designated on said Map; thence from said Point of Beginning along the exterior boundary lines
of said tract (67 Maps 1); thence leaving said Point of Beginning along the northeast line of
Laurel Court, North 52° 01' 02" West, 27.90 feet; thence leaving northwest line of Laurel Court
North 37° 56' 47" East, 39.90 feet; thence North 2°59'43" East, 109.67 feet and North 52°01'02"
West, 194.85 feet to the south line of the tract of land of the designated on the map entitled "Map
of Rodeo, Contra Costa County, California", which was filed in the Office of the County
Recorder of Contra Costa, State of California, on February 5, 1892 in Volume D of Maps, at
Page 91; thence easterly along said south line North 66°27'45" East, 108.80 feet and North
75°40'43" East, 663.80 feet to the northeast line of the 20 feet in width strip of land described as
Parcel Two in the deed from Tormey Estate Company to East Bay Municipal Utility District,
dated March 26, 1936, in Volume 408.of Official Records, at page 317; thence South 37°58'58"
West along said northeast line 750.70 feet, to the northeast line of said Laurel Court, thence
North 52°01'02" West, along said northeast line, 172.05 feet to the Point of Beginning.
Containing 4.06 acres of land more or less.
4 �
31316 `";
Ordinance #2008-06
Subdivision 9069159
Zone #2503
"Exhibit ":B"
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EX
n tt Date:
EXHIBIT B DeBolt Civil Engineering 11/14/07
PLAT TO ACCOMPANY 811 San Ramon Valley Boulevard Scale_ loo'
LEGAL DESCRIPTION DD Danville,California 94326 By:ED >-1
J �
AREA OF POLICE SERVICES DISTRICT ELECTION 925/837-3780 Job N.:
ORDINANCE NO. 2008-06 ZONE 2503
FOR FISCAL YEAR JULY 1. 2009. THROUGH JUNE 30. 2010
EXHIBIT C
PROPERTY USE ANNL!AL TAX
CODE CATEGORY EXPLANATION PER PARCEL
1 l 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 Sing-le Familv 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 Buildinas $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 Home Parks $600
45 Theaters $600
46 Drive-ln Theaters $400
47 Restaurants (not drive-in) $400
48 Multiple& Commercial $400
49 New Car Agencies $400
50 Vacant Land $100
(not part of Ind. Park or P. & D.)
l Industrial Park $800
52 Research & Development $400
53 Li-ht Industrial $400
54 Heavy Industrial $400
55 Mini Warehouses (public storage) $600
56 Mise. Improvements $400
61 Rural, Res. Improvement 1 A-1 OA $200
62 Rural, W/or w/o Structure 1A-1 OA $200
70 Convalescent Hospitals/Rest Homes $400
73 Hospitals $400
74 Cemeteries/Mortuaries $400
73 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 tax code areas) $200
99 Awaitin<(y Assignment $200