Loading...
HomeMy WebLinkAboutMINUTES - 09101996 - D3 D-3 TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon, Director Community Development DATE: September 10, 1996 SUBJECT: Establishment of Zone 1502 within County Service Area P-6 for Police Services for Minor Subdivision 19-93 in the Walnut Creek area(Parcel #184-161-016) SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution 96/385 authorizing an election for Zone 1502 County Service Area P-6. 2. Adopt the Ordinance 96-29 establishing a fee for a Police Service District for Minor Subdivision 19-93. 3. Direct the County Clerk to conduct the election required by Government Code 53978. 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 Minor Subdivision 19-93 was approved for a two lot subdivision on November 8, 1993. Condition#4 required the developer to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcel created by the subdivision. This issue was approved by the Board of Supervisors at its June 18, 1996 meeting. There was some confusion as to when the CONTINUED ON ATTACHMENT: YES SIGNATURE: t/*Q I &AL-1 _RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION O BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON September.11.0 , 19 9 6`AP.PROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x 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: Elizabeth Dunn, Comm. Dev. 335-1252 cc: Assessor ATTESTED September 10 , 1996 Auditor PHIL BATCHELOR, CLERK OF THE BOARD OF County Clerk -Elec. Div. , B. Lee SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Sheriff- Coroner, Sgt. Julie Hayes BY_U1 JL4,1 v , DEPUTY 2 paperwork, authorizing the election date, needed to be returned to the Elections Department for the ballot to be mailed to the property owner in order to hold the August 13, 1996 election. As the first election did not take place, the applicant needs to vote on this issue prior to recording the parcel map. ED\ c:Adata\wp60\cps\poIicesc.ms 1993.bos c D3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 10 , 1996 , by the following vote: AYES: Supervisors Rogers , Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Creating County ) RESOLUTION NO. 96/385 Service Area P-6 Zone 1502 ) (Gov. C. 25210.8 & (MS 19-93) ) 54900 ff.) in the Walnut Creek 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 1502 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. 96-29 adopted this date is to be presented for approval of the voters of Zone 1502 of County Service Area No. P-6 by an November 12, 1996 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 96-29 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1502 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 18 a trueendeomeCtcopyof Orig. Dept: Comm. Dev., Elizabeth Dunn, 335-1252 an action taken and entered on the minutes of the Board of Su iso on t date shown. cc: County Counsel ATTESTED: Sheriff-Coroner, Sgt. Julie Hayes PHIL BATC °LOR,Clerk of th oacJ rd of ervi s gnd Coun Tministrator County Clerk, Barbara Lee I Auditor- Controller By. 0 Deputy Assessor RESOLUTION NO. 96/"-385 EMBIT A p,3 r, (� RFS.. 96/335 MS 19-93. 1502 i /� V ► N N m D g 0 1p �y [� o G� $H ppD Q x e F � 4 •t i w tog og m i f LAFAYET7E - S Cd ' q� 4 4 Fio — — — — — — 0 <1� O m � � N ,8 O I rifi0 Z ? C T I gg S I Ao r I o I Ao S D I Pio i I _ I ' g RSO I R . \ I o41vMrMQ'CroU ��• —A0� rr —t— --�� WHYTE PARK AVENUE — t S PROPOSED MINOR SUBDIVISION MS 19-93 Q $ k 2237 V YTE PARK AVENUE WALNUT CREEK CALFORMA • EXHIBITIT A �__. ,. RFS. 965 , ILLS 19-93, 7ANE 1502 ti LOT 20 IN BLOCK "A", AS DESIGNATED ON THE MAP ENTITLED "DEWING PARK EXTENSION, CONTRA COSTA COUNTY, CALIFORNIA", FILED DECEMBER 20, 1916 IN VOLUME 15 OF MAPS, AT PAGE 314, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 20 (1 S M 314); THENCE FROM SAID POINT OF BEGINNING SOUTH 30°17145" EAST, 199.89 FEET; THENCE SOUTH 59°4I'16" WEST, 99.99 FEET; THENCE NORTH 30° 17'40" WEST, 199.95 FEET; THENCE NORTH 59°43'12" EAST, 99.99 FEET TO THE POINT OF BEGINNING. Pu\_CAfyrj� Q 4 3272 �T9rFoFCauF4P�� APPROY .46 ACRES �l ORDINANCE NO. 96-29 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1502 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 1502 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 1502 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 96-29 2. "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 1502 (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 1 A 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 ear:The tax per year for the first fiscal year (July 1, 1997 through June 30, 1998) 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. 96-29 P-15 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. 96-29 �3 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 November 12, 1996 so that taxes shall first be collected hereunder,for the tax year beginning July 1, 1997. -4- ORDINANCE NO. 96-29 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on -September 10, 1996 by the following vote: AYES: SUPERVISORS Rogers , Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: -4.. a uty ar air VJW:df df4:vjw\ord\csap6 -5- ORDINANCE NO. 96-29 EXHIBIT A ORD. 96-296 MS 19-93, ZONE 1502 . I� rpV • N — {� 25 k LAFA YETTE ^ E 7c , q� 4 4 4 Fro m , , y i Z ,$ Z i0 g I 1 C I iio e I o r $.o is D I � IpIpgqpp '.1 _ Q W —i—i—�I ■ R10 —1 I a I � I � g , 110 I , W I .�O Q �r �� —�— �WHYTE PARK AVENUE 223)WHYTE PARK AYEJ'AJE — c t E 8 PROPOSED MINOR SUBDIVISION MS 19-93 5 a = G F ? oEXI�IIB 9IT6--A29 M, 19-93 zoNE 1502 LOT 20 IN BLOCK "A", AS DESIGNATED ON THE MAP ENTITLED "DEWING PARK EXTENSION, CONTRA COSTA COUNTY, CALIFORNIA", FILED DECEMBER 20, 1916 IN VOLUME 15 OF MAPS, AT PAGE 314, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER. OF SAID LOT 20 (15 M 314); THENCE FROM SAID POINT OF BEGINNING SOUTH 30°17'45" EAST, 199.89 FEET; THENCE SOUTH 59°41'i 6" WEST, 99.99 FEET; THENCE NORTH 30°17'40" WEST, 199.95 FEET; THENCE NORTH 59°43'12" EAST, 99.99 FEET TO THE POINT OF BEGINNING. �SEp LAND SU9 /J QPuLCAH�j �c° 3272 �f'rFOF cuITo�'�P APPRO30NA'1'FT Y .46 ACRES U G P � W O - ti�(�BI cn a A On a o C� -4 96-29 {1 GS L���� C 9 ((��('�Y ©LeU NAN y,7� ~, G O m Z0� 1502 a o G y o S�jg rS —'" -'� rr� 7s v? N Q l Q m N m 7 -n O N A a N a 0.1 t7 .. •- 3 to w A m O £.7 s- o �- m ,,� G .1,a j n a rn N v n 3 a !!>o •ct N m a o -n a ..{ ra p N °' to N C Os w m0. 0 m m ••C W O m Q 0 O C ^N 3 r a '° ..{{ Q O m r� a .•" d Q G Q N m 'p y W3 to O j p Os � s? O Gym SVS H m Nr N p g a mN a< - m C y GNi _•� C- QCP zj m x f • y w N �c C aLn N a G !A Q N q N m A ' G W N ta wU, m Co C"1 C, O N .[ a O m O m O m to a a ZA Q Csmv r o A stn O co b O O N N r N -a t0A m Gr G y tS7 D N to p w In tT o 7aC' •O O to r .m :7 9 .+ N C5• f S't ?' ..{Z ro G'i m a 6• w �• O p to p O 'S7 n 3C1 C m p o m s St° 4` O G A td c 0 G a o w N A m �j o m to f 5 m © w O N rn m a �f y O ?= O r ¢CD O Co Ncr C -•y W O O CA C W < N O to an > tD f m v G Q s; O K ,� tr tip •�•- 50 n p m. .O 50• G a = o a � c x Q o to O O >p O '6 cc o ~ > ooaQ' 3� o m ma vs,. A'c�� SQw Ca s3 acc 2 < a ?: psi m a:to ygr 0 � Q c m mea y Wim' m a 9 � - m 'a -{ ca o m r 0 J _ > m 3 -a Q a z to g£ m �? ` y o M m o m 3 �_o < ma CDG 2 � a o n^-� 3 a- 3 "� n © v �o o cr m iP t3 4 n�i oCL O tX7too ar' 0 oy cn '0ca 0 Ga-Ycw o o Q6 0 ? 6 is b n m to m n m 0.0 £ -ad ¢ {� CD a0. �n Q "G g, p o y •�xf1 m ? A'6 /a rC Ci1 O O O •O 3 p y p O 3 c m chi GO. a s W N a p p Wit" �tN Cf) 5 m a y a ET =og ? D stn o ' c w u 7 o.- V N For FISCAL YEAR July 1' 1997 through June 30, 1998 . ' ' EXHIBIT ° PROPERTY USE ANNUALTAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence` - $ 2OO 1 nea, 1 site 12 Single Family Residnnco - $ 200 1 nyy, 2ormore sites 13 Single Family Residence - $ 2D0 2res. pni ormore sites 14 Single Family Residence- $ 2O0 other than single tam. land ' 15 Misc. Improvements' 1 site $ 2OO 16 Misc. improvements- $ 2OO 2ormore sites 17 Vacant' 1 site $ 1OD 18 Vacant'2ormore sites $ 1OD 19 Single Family Residence ' $ 200 Det. w/oommonarea 20 Vacant ' Multiple $ 100 21 Duplex $ 200 22 Triplex $ 20} 23 . Fouqp|ex ' $ 20O . 24 Combinations. $ 200 �5 Apartments (G'12 units) $ 4OO 26 Apartments (13'24 units) $ 4DO 27 Apartments (25-59 units) $ 600 . , ' ` , '\ ~ 28 Apartments (60+ units) $ 800 29 Attached PUDs: $ 200 Cluster Horrres, 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 $ 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 $ 600 Home Parks 45 Theaters $ 600 46 Drive-In Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 Multiple & Commercial $ 400 J •V a. 49 New Car Agencies $ 400 50 Vacant Land ( not part of $ 100 ind. park orP. & 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 IA-10A $ 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