HomeMy WebLinkAboutMINUTES - 08011989 - T.1 T.1
'D* BOARD OF SUPERVISORS
Harvey E. Bragdon,
7"4: •Director of Community Development Cwt(a
July 24, 1989 Ccsta
TATE'
Establishment of a Special Tax Area for Poliotscuthwest
e�
PJRJECT: Subdivision 7090 (Bedford Estates) Located at
Corner of Empire Avenue and Bedford Lane, in the Oakley Area
(Parcel #041-041-011)
iPECIFIC REQUEST(S) OR RECOMMENDATION S( at BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt the attached ordinance establishing a police services
district for the shopping center. The County Clerk to conduct
the election required by Government Code Section 52978. Said
election shall be conducted by mailed ballot pursuant to Code
Section 1340 and shall be held on the earliest date permitted by
law.
BACKGROUND/REASON FOR RECOMMENDATION
On June 2, 1987 the Board of Supervisors authorized the County
Administrator to develop a plan to fund additional police
. services in the unincorporated areas of' Contra Costa County.
A model ordinance was developed and procedures for processing
station police ordinances was developed. -
Subdivision 7090 (Bedford Estates) was approved by the Board of
Supervisors on July 26, 1988 along with 2789-RZ which rezoned the
site to Single . Family Residential District - R-7.
Final Development Plan 3070-88 along with 2765-RZ and Subdivision
7045 was approved by the Board of Supervisors on June 7, 1988.
The developer plans to develop the center in the near future.
Condition #14 of Subdivision 7090 (Bedford Estates) required the
applicant to agree to vote on whether their development should be
placed in a "Special Service Area" for police service based upon
the residential use of the site. The initial assessment is $100
per lot.
The attached ordinance is the next action needed to establish a
police service district for the subject site and satisfy the
Conditions of Approval.
M
i
CONTINUED ON ATTACFMENT: YES SIGNATURAXA
y RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM E ION OF BOA COM ITTEE
APPROVE OTHER
SIGNATURE_[S1:
ACTION OF BOARD ON August 1. 1959 APPROVED AS RECOMMENDED X OTN`R
This being the time for hearing on the above matter, the hearing was - openeS' and
T.J. Nelson, 25 Emerson Avenue, 'Crockett appeared to ,speak. The public hearing
was closed. The Board discussed the matter. IT IS BY THE BOARD ORDERED that
Ordinance No. 89-51 is ADOPTED.
vDTE OF SUPERV I Spas I trereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
X UNAN I MOUS (ABSENT II ) Board of Sup sora on the late shown.
AYES' NOES: ATTESTED:
ABSENT: ABSTA I N: ! PHIL BA C OR.Clerk of the Board
of Supe Isors and County Administrator
cc: County Clerk-Elections j e
County Administrator ( By Decuty
Community Development
Sheriff-Coroner
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 1, 1989 , by the following vote:
AYES: Supervisors Powers, Schroder, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT:
Authorizing a special tax election in Contra Costa
-County Police Services Area No. P-7-102 (LUP #SUB 7090,
Oakley Area)
This Board recognizes the need for increased police protection
services in the above subject area 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 Ordinance No. 89-51 adopted this date is to be
presented for approval of the voters of Contra Costa County
Police Services Area No. P-7-102 by a September 19, 1989
mail ballot election according to the following ballot
proposition:
"Shall Ordinance No. 89-51 of the Board of Supervisors
of Contra Costa County be approved so as to authorize a
special tax on property located in Contra Costa Police
Services Area No. P-7-102 to maintain the present level
of police protection service and provide additional
funding for increased police protection service?"
2 . 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.
AB/aa
BD/SUB 7090.RES
cc: County Clerk-Elections t hereby a&"that this is a"A and correct am of
County Administrator an action taken and entered on the mhvAn of the
Community Development Board of Bueon on the ete shown.
Sheriff-Coroner ATTESTED.
PHIL BA CH .OR,Clerk of the Board
Z7( re and Co ty Administrator
0
By 00"
ORDINANCE N0. 89-51
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in
Contra Costa County Police Services Area No. P-7-102
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 Contra Costa County Police Services Area No.
P-7-102 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 collec-
tion and administration of this tax (Article IV of this Ordi-
nance) , 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.
ao_C�i
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 Contra Costa
County Police Services Area No. P-7-102 nor any land or improve-
ments owned by any governmental entity.
2. "Fiscal year" means the period of July 1 through the
following June 30.
3. "Contra Costa County Police Services Area No. P-7-102
(Hereinafter called "Area" ) means that portion of the unincorpor-
ated area of Contra Costa County located within the Area' 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 changed so that the base year differs from 1982-84=100, then
the Consumer Price Index shall be converted in accordance with
the conversion factor 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 computa-
tion 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.
-2-
89-51
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 lA 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 Area 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,
1989 through June 30 , 1990) 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 area for the then current fiscal year as set forth
below.
-3-
89-51
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 amounts established for the
first fiscal year and in no event shall the increase in the tax
per parcel for any fiscal year over the immediately preceding
fiscal year exceed five percent ( 5%) .
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.
2. Collection.
-4-
89-51
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 regard-
ing 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 Area 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.
-5-
8951
ARTICLE VI. EFFECTIVE DATE.
This ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Area
in an election to be held September 19, 1989 so that taxes shall
first be collected hereunder for the tax year beginning July 1 ,
1990.
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
August 1, 1989 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Fanden
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
ByrL014&,
Deputy Chairman
AB/aa
BD/SUB 7090.RES
-6-
IIBIT "A"
Exhibit "A" attached to deed from Donald C. Johnston, et al, to
Salvatore S. Travale, et ux, dated April 12, 1971
That parcel of land in the County of Contra Costa, State
of California, described as follows:
Parcel D, rap of Parcel Mans, filed August 12, 1.969,
Book 10, Parcel Maps, pare 1, Contra Costa County records.
EXCEPTING THEREFRO1.1:
1. Rights reserved in the deed from Charles Warren, et +ir..
recorded July 8, 1969, Book 5913, Official Records, parte 83,
as follows:
"All oil, gas, casinghead oasol.ir.e, and other hydrocarbon
and mineral substances helow a point ".00 feet below: the surface
of said land together ,;ith the rirrht co take, rer^pve, mire, pass
through and dispose of all of said oil, gas, casinrheRd RannIlne
and other h^drocerbon and mineral. sui,:;tances, blit w1thout cn^
right whatsoever to enter unon the surface of sai:'. lana or unon
any part of said land within 500 feet thereof'."
2. The interest conveyed to Contra Costa County in deer.
recorded August 12, 19699 boo]; 5939, Official Records, pare 615.
3. A righi of gray (not to to exclusive) for use as a. roadway for
vehicles of all kinds, pedestrians and anirals, for i•:ater, ras, oil
and server nine 'lines, and for telephone, television :eervice, electric
light and nowier lines, torether i•.,ith the necessary poles or conduits,
as an appurtenance to the remaining lands of the grantor over that
portion. thereof lying within the strip of land desirnateci as 112e
ft. Strip Dedicated To Contra Costa County" on said parcel reap.
`END OF DOCUMEW
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C
FOR FISCAL YEAR JULY 19 1989 throught JUNE 309 1990
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 100
1 res., 1 site
12 Single Family Residence - $ 100
1 res., 2 or more sites
13 Single Family Residence - $ 100
2 res. on 1 or more sites
14 Single Family Residence- $ 100
other than single fam. land
15 Misc. Improvements - 1 site $ 100
16 Misc. improvements - $ 100
2 or more sites
17 Vacant - 1 site $ 50
18 Vacant - 2 or more sites $ 50
19 Single Family Residence - $ 100
Det. w/common area
20 Vacant - Multiple $ 50
21 Duplex $ 100
22 Triplex $ 100
23 Fourplex $ 100
24 Combinations $ 100
25 Apartments (5 -12 units) $ 200
26 Apartments (13 - 24 units) $ 200
27 Apartments (25 - 59 units) $ 300
28 Apartments (60+ units) $ 400
29 Attached PUDs: $ 100
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 50
31 Commercial Stores - $ 300
Not Supermarkets
32 Small Grocery Stores $ 300
(7-11 , etc.)
33 Office Buildings $ 200
34 Medical, Dental $ 200
35 Service Stations, Car Wash $ 200
36 Garages $ 200
37 Community Facilities $ 400
(recreational, etc.)
38 Golf Courses $ 200
39 Bowling Alleys $ 200
40 Boat Harbors $ 200
41 Supermarkets $ 300
(not shopping centers)
42 Shopping Centers $ 400
43 Financial Buildings $ 200
(Ins., Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 300
Home Parks
45 Theaters $ 300
46 Drive-In Restaurants $ 200
47 Restaurants (not drive-in) $ 200
48 Multiple & Commercial $ 200
49 New Car Agencies $ 200
50 Vacant Land ( not part of $ 50
ind. park or P. & D.)
51 Industrial Park $ 400
52 Research & Development $ 200
53 Light Industrial $ 200
54 Heavy Industrial $ 200
55 Mini Warehouses (public Storage) $ 300
56 Misc. Improvements $ 200
61 Rural, Res. Improvement 1 A-1 OA $ 100
62 Rural, w/or w/o Structure 1 A-10A $ 100
70 Convalescent Hospitals/ $ 200
Rest Homes
73 Hospitals $ 200
74 Cemeteries/Mortuaries $ 200
75 Fraternal & Service Organizations $ 200
76 Retirement Housing Complex $ 300
78 Parks & Playgrounds $ 400
85 Public & Private Parking $ 200
87 Common Area $ 200
88 Mobile Homes $ 100
89 Other (split parcels in different $ 100
tax code areas)
99 Awaiting Assignment $ 100