HomeMy WebLinkAboutMINUTES - 08171993 - H.2 i�-
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 17, 1993 , by the following vote:
AYES: Supervisors Powers, Smtih, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Creating County ) RESOLUTION NO. 93/501
Service Area P-6 Zone 116 ) (Gov. C. 25210.8 &
(SUB 6867 ) ) 54900 ff.)
in the Oakley Area and )
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 116 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. 93-57 adopted this date is to be presented for approval of the
voters of Zone 116 of County Service Area No. P-6 by a October 19, 1993 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 93-57 of the Board of Supervisors of
Contra Costa County be approved so as to authorize a special
tax on property located in Zone 116 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 Art Beresford-646-2my certify that this is a t"and correct copy of
an action taken and entered on the minutes of the
cc: Sherriff's Department Attn: Sgt. Julie Ryan Board of Supervisors on the date shown.
Public Works ATTESTED: L /�— y—3-•�
Auditor Controller PHIL BATCHEL Clerk c. :. "t,)-rd
County Administrator w of Supervisors an County Ac r:'.;:s:r:for
County Clerk-Elections
RESOLUTION NO. 93/501
J
SUBDIVISION 6867
ZONE 116
itESOLUTION 93/501
EXHIBIT "A"
Portion of the Southeast ; of Section 27, Township 2 North, Range
2 East, Mount Diablo Base and Meridian, containing 10 acres more or
less, described as follows:
Beginning at the Southeast corner of said Section 27, distant
thereon 1600. 01 feet North of Southeast corner of said Section 27;
thence from said point of beginning North 890 13" 36" West 1315.70
feet; thence North 00033' 15" East 330.00 feet; thence North 890
49' 50" East 1319.89 feet; thence South 00. 551 16" West 330. 00 feet
to the point of beginning.
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RESOLUTION 93/501
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ORDINANCE NO. 93-57
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
116 of County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
AR .ICLE 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 116 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 106 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 93-57
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3 . Contra Costa County Service Area P-6 Zone 116
(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 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 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.
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 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, 1994
through June 30, 1995) shall be the Amount of Tax Per Parcel for
a Property Use Code Category as set forth on Exhibit C
incorporated herein.
-2-
ORDINANCE NO. 93-57
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.
-3-
ORDINANCE NO. 93-57
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
in an election to be held October 19, 1993 so that taxes shall
first be collected hereunder for the tax year beginning July 1,
1994 .
-4-
ORDINANCE NO. 93-57
prPASSED AND ADOPTED at a regular meeting of the Board of
1993 visors, County of Contra Costa, State of California, on August 17,
by the following vote:
AYES: SUPERVISORS POWERS, SMITH, BISHOP, MCPEAK AND TORLAKSON
NOES: NONE
ABSENT: NONE
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
Deputy Board Chair
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-5-
ORDINANCE NO. 93-57
SUBDIVISION 6867
Zone 116
ORDINANCE 93-57
EXHIBIT "A"
Portion of the Southeast ; of Section 27, Township 2 North, Range
2 East, Mount Diablo Base and Meridian, containing 10 acres more or
less, described as follows:
Beginning at the Southeast corner of said Section 27, distant
thereon 1600.01 feet North of Southeast corner of said Section 27;
thence from said point of beginning North 890 13' 36" West 1315.70
feet; thence North 00033 ' 15" East 330. 00 feet; thence North 890
49' 50" East 1319.89 feet; thence South 00.551 16" West 330. 00 feet
to the point of beginning.
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ORDINANCE NO. 93-57 r_ c U < d Fr g d cn o o n ?m
o, SUB 6867 ZONE 116 3 y = w w m n -i
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Page
ORDINANCE NO. 9 3-57 suB 6 8 6 7 ZONE 116
FOR FISCAL YEAR JULY–f—, f994 Tffo—UGH JATAiE 30, 1995
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION- PER PARCEL
11 Single Family Residence - $ 100
1 res., I site
12 Single Family Residence - $ 100
I res.,2 or more sites
13 Single Family Residence - $ 100
2 res. on I or more sites
.14 Single Family Residence- $ 100
other than single tam. land
15 Misc. Improvements- I 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 PVDs: $ 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
Page 2
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 S300
Home Parks
45 Theaters -$ 300
• '46 Drive-in Restaurants S200
47 Restaurants (not drive-in) $ 200
48 Multiple & Commercial S200
"49 New Car Agencies S200
50 Vacant Land( not part of S 50
ind.park or P.&D.)
51 Industrial Park S400
52 Research & Development S200
53 Light Industrial S200
54 Heavy Industrial S200
55 Mini Warehouses (public Storage) S300
56 Misc. Improvements S200
61 Rural, Res. Improvement 1A-10A S 100
62 Rural,w/or w/o Structure 1A-10A S 100
70 Convalescent Hospitals/ S200
Rest Homes
73 Hospitals S200
74 Cemeteries/Mortuaries S200
75 Fraternal & Service Orga6izations $ 200
76 Retirement Housing Complex S300
78 Parks & Playgrounds $ 400
Pagt
t 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
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•-' - Contra
TO: BOARD OF SUPERVISORS ` . , .
Costa
�c,illlio� - 's County
FROM: HARVEY E. BRAGDON =�
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: August 17, 1993 �otiri
SUBJECT: ESTABLISHMENT OF ZONE 116 WITHIN COUNTY SERVICE AREA P-1 FOR POLICE
SERVICES FOR SUBDIVISION. 6867 IN THE OAKLEY AREA. (Parcel #041-120-001
to 040)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 116 in
County Service Area P-6.
2 . Adopt the ordinance establishing a fee for a Police Service
District for Subdivision #6867 .
3 . Direct the County Clerk to conduct the election required by
Government Code Section 52978. This election shall be
conducted by mail ballot pursuant to Code Section 1340 and
shall be held on the earliest date permitted by law.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Approved in August, 1988, Subdivision #6867 is held to an older
version of the Conditions of Approval for the provision of services
in the Oakley area.
Conditions #11 of Subdivision #6867 requires the developer to agree
to vote their property into a special tax area for addition police
services generated by the development. This Condit' n sets the
initial level of the tax at $100. 00 per lot.
CONTINUED ON ATTACHMENT: YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION F POARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON ff3 APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND . CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Art Beresford ATTESTED 1' !?-3
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Sherriff's Department-Attn: Sgt. Julie Ryan THE BOARD OF SUPERVISORS
Public Works AND COUNTY ADMINISTRATOR
Auditor Controller
County Administrator BY , DEPUTY
County Clerk-Elections
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