HomeMy WebLinkAboutMINUTES - 08011995 - SD1 E SE L
•`� i = Contra
TO: BOARD OF SUPERVISORS o; = t. Costa
iaitunEs County
FROM: HARVEY E. BRAGDONY, � b
DIRECTOR OF COMMUNITY DEVELOPMENT
_ STA`COUI�i'r`t'GP'
DATE: August 1, 1995
SUBJECT: Establishment of Zone 1200 within County Service Area P-6 for Police
Services for Minor Subdivision 3-94, Concord Area (Parcel #116-120-003)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the resolution creating Zone #1200 within County Service
Area P-6 and authorizing an election.
2 . Adopt the ordinance establishing a fee for a police services
district for Minor Subdivision 3-94 , County Service Area P-6,
Zone #1200.
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 Code Section 1340 and
shall be held on the earliest data permitted by law.
FISCAL IMPACT
None.
BACKGROUNDIREASONS FOR RECOMMENDATIONS
Minor Subdivision 3-94 was approved by the Zoning Administrator on
September 12 , 1994 . The applicant' s request to subdivide an
approximately 1 . 29 acre site into four 10, 062 square foot parcels
with an approximately 14 , 000 square foot remainder and variances
to the average lot width of Parcels A, B, C, and D (80 feet
required, 74 . 35 feet requested) was denied. The approval allowed
the subdivision of one parcel into three residential lots plus a
remainder.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON August 1 . 1995 APPROVED AS RECOMMENDED x OTHER
IT IS BY THE BOARD ORDERED that Resolution No. 95/300 and Ordinance No.
95-,-45 are ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT 2 , 4 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF o
SUPERVISORS ON THE DATE SHOWN.
Contact:Edy Zwierzycki - 646-2091
Orig: Community Development Department ATTESTED August 1 , 1995
cc: County Counsel PHIL BATCHELOR, CLERK OF
County Clerk - Elections, Bob Delevati THE BOARD OF SUPERVISORS
Auditor-Controller AND OUN ADM ISTRATOR
Assessor
BY U , DEPUTY-
SD. 1
' Y
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 1 , 19 95 by the following vote:
AYES: Supervisors Rogers , Torlakson and Bishop
NOES: None
ABSENT: Supervisors Smith and DeSaulnier
ABSTAIN: None
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBJECT: Creating County ) RESOLUTION NO. 95/300
Service Area P-6 Zone 1200 ) (Gov. C. 25210.8 &
(Minor Subdivision 3-94) ) 54900 ff.)
in the Concord 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 1200 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. 95-45 adopted this date is to be presented for approval of the
voters of Zone 1200 of County Service Area No. P-6 by an October 3, 1995 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 95-45 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 1200 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 hereby certify that this is a true and correct COPY of
Orig. De t:Communit Development an action taken and entered on the minutes of UM
9 P Y p Board of Supero rs on the ate shown.
cc: County Counsel ATTESTED. ITJQ,<,-
County Clerk - Elections, Bob Delevati PHIL BrTbHdQ0Ft,Clerk of the Board
Auditor-Controller ofuperviso nd County Administrator
Assessor
By ,Deouty
RESOLUTION NO. 95/300
MINOR SUB 3-94 ZONE 1200
r RESOLUTION NO. 95/300
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA
COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
PORTION OF LOT 48, AS SHOWN ON THE MAP ENTITLED, "R.N. BURGESS COMPANY'S MAP NO. 1,
AYERS RANCH SUBDIVISION, CONTRA COSTA COUNTY, CALIFORNIA", FILED ON JULY 2, 1912, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 7 OF MAPS AT PAGE 170,
DESCRIBED AS FOLLOWS:
BEGINNING OF THE NORTHEAST LINE OF. SAID LOT 48, BEING THE CENTER LINE OF LAUREL DRIVE,
AT THE SOUTHEAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM ANTHONY SILVEY,
ET AL, TO VERNON TAYLOR, ET UX, DATED DECEMBER 15, 1950 AND RECORDED MARCH 8, 1951 IN
BOOK 1728 OF OFFICIAL RECORDS AT PAGE 269; THENCE FROM SAID POINT OF BEGINNING, SOUTH
470 44' EAST, ALONG SAID NORTHEAST LINE, 135.52 FEET TO THE NORTHWEST LINE OF THE
PARCEL OF LAND DESCRIBED IN THE DEED FROM ANTHONY SILVEY, ET AL, TO EARL G. JOHNSON, ET
UX, DATED NOVEMBER 30, 1950 AND RECORDED JANUARY 26, 1951, IN BOOK 1708 OF OFFICIAL
RECORDS AT PAGE 82; THENCE SOUTH 42° 16' WEST, ALONG SAID NORTHWEST LINE, 427.5 FEET TO
THE SOUTHWEST LINE OF SAID LOT 48; THENCE NORTH 47° 44' WEST, ALONG SAID SOUTHWEST
LINE, 135.52 FEET TO SAID SOUTHEAST LINE OF SAID TAYLOR PARCEL (1728 OR 269); THENCE
NORTH 420 16' EAST, ALONG SAID SOUTHEAST LINE, 427.5 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
THE INTEREST CONVEYED TO COUNTY OF CONTRA COSTA BY DEED FROM ANTHONY SILVEY, ET AL,
DATED OCTOBER 21, 1950 AND RECORDED OCTOBER 26, 1950 IN BOOK 1657 OF OFFICIAL RECORDS
AT PAGE 428, "FOR USE AS A PUBLIC HIGHWAY" OVER THE NORTHEAST 25 FEET OF THE PREMISES.
ASSESSOR'S PARCEL NO. : 116-120-003-3
CONTAINING 1 . 29 ACRES OF LAND, MORE OR LESS .
MINOR SUB 3-94
ZONE 1200
• RESOLUTION 95/300
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EXHIBIT A
I I TENIATVE MAP FOR LAND S110WI•' AAE — APCHITECTS AND LHCINEEP,S
M a„� STOt{£CREST WORTGAG£ CO. 1185 nunNngdon DK%ti
5000 LAUREL DRIVE
CONTRA CASIA COUMTY• CAUFDRNIA San Job*, Callf 95173 Tal (106) 44,G-1651
ORDINANCE NO. 95-45
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
1200 of 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 1200 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 1200 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 95-45
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3. Contra Costa County Service Area P-6 Zone 1200 (hereinaf-
ter 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, 1996
through June 30, 1997) 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. 95-45
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. 95-45
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 inconsis-
tent 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 inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, 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 collect-
ing 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, irrespec-
tive 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 3 , 1995 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 1996 .
-4-
ORDINANCE NO. 95-45
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on August
1 1995 by the following vote:
AYES: SUPERVISORS Rogers , Torlakson and Bishop
NOES: None
ABSENT: Supervisors Smith and DeSaulnier
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: II/M A444
uty Boa Chair
VJW:df
df4:vjw\ord\csap6
-5-
ORDINANCE NO. 95-45
MINOR SUB 3-94 ZONE 1200
ORDINANCE 95-45
EXH181T A
LEGAL DESCRIPTION
THE LADED REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA
COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS:
PORTION OF TAT 48, AS SHOWN ON THE MAP ENTITLED, "R.N. BURGESS 0CMPANY'S MAP NO. 1,
AYERS RANCH SUBDIVISION, CONTRA COSTA CCkJN 'Y, CALIFORNIA", FILED ON JULY 2, 1912, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN BOOK 7 OF MAPS AT PAGE 170,
DESCRIBED AS FOLLOWS:
BEGINNING OF THE NORTHEAST LINE OF. SAID LOT 48, BEING THE CENTER LINE OF LAUREL DRIVE,
AT THE SOUTHEAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM ANTHONY SILVEY,
ET AL, TO VERNON TAYLOR, ET UX, DATED DECEMBER 15, 1950 AND RECORDED MARCH 8, 1951 IN
BOOK 1728 OF OFFICIAL RECORDS AT PAGE 269; THENCE FROM SAID POINT OF BEGINNING, SOUTH
470 44' EAST, ALONG SAID NORTHEAST LINE, 135.52 FEET TO THE NORTHWEST LINE OF THE
PARCEL OF LAND DESCRIBED IN THE DEED FROM ANTHONY SILVEY, ET AL, TO EARL G. JOHNSON, ET
UX, DATED NOVEMBER 30, 1950 AND RECORDED JANUARY 26, 1951, IN BOOK 1708 OF OFFICIAL
RECORDS AT PAGE 82; THENCE SOUTH 42° 16' WEST, ALONG SAID NORTHWEST LINE, 427.5 FEET TO
THE SOUTHWEST LINE OF SAID LOT 48; THENCE NORTH 470 44' WEST, ALONG SAID SOUTHWEST
LINE, 135.52 FEET TO SAID SOUTHEAST LINE OF SAID TAYLOR PARCEL (1728 OR 269); THENCE
NORTH 420 16' EAST, ALONG SAID SOUTHEAST LINE, 427.5 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM:
THE INTEREST CONVEYED TO COUNTY OF CONTRA COSTA BY DEED FROM ANTHONY SILVEY, ET AL,
DATED OCTOBER 21, 1950 AND RECORDED OCTOBER 26, 1950 IN BOOK 1657 OF OFFICIAL RECORDS
AT PAGE 428, "FOR USE AS A PUBLIC HIGHWAY" OVER THE NORTHEAST 25 FEET OF THE PREMISES.
ASSESSOR'S PARCEL NO. : 116-120-003-3
CONTAINING 1 . 29 ACRES OF LAND, MORE OR LESS .
MINOR SUB 3-94
ZONE 1200
ORDINANCE' 95-45
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CONTRA 0051A COUHTY•_CAIJFORNIA San 1oLi, Callt 95123 T41 (19E) nil:—i S'S-G I
MINOR SUBDIVISION 3-94
ZONE 1200,OF CONTRA COSTA COUNTY
AREA NO. P-6
Property Owner List
Jon O. Freeman
20863 Stevens Creek Blvd., 4260
Cupertino, CA 95014
Parcel#116-120-003
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ORDINANCE NO. 95_4 SUB 3-94 ZONE 1200
FOR FISCAL YEAR JULY 131'.-1996 , THROUGH JUNE 30, 1997
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 200
1 res., 1 site
12 Single Family Residence - $ 200
1 res., 2 or more sites
13 Single Family Residence - $ 200
2 res. on 1 or more sites
14 Single Family Residence- $ 200
other than single fam. land
15 Misc. Improvements - 1 site $ 200
16 Misc. improvements - $ 200
2 or more sites
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 Combinations $ 200
25 Apartments (5 -12 units) $ 400
26 Apartments (13 24 units) $ 400
27 . Apartments (25 - 59 units) $ 600
I .
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 $ 40 0
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 1 A-1 OA $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
73 Hospitals $ 400
74 Cemeteries/Mortuaries $ 400
75 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 $ 200
tax code areas)
99 Awaiting Assignment $ 200