HomeMy WebLinkAboutMINUTES - 11091993 - H.1A TO: BOARD OF SUPERVISORS
FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: October 26, 1993
SUBJECT: Establishment of Zone 2601 within County Service Area P-6 for Police
Services for Minor Subdivision 54-91, Martinez Area (Parcel #375-171-
031)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &_BACKGROUND AND JUSTIFICATION.
RECOMMENDATIONS
1. Adopt the resolution creating Zone 2601 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 54-91, County Service Area P-6,
Zone 2601.
3 . Direct the County Clerk to conduct the election required by
Government Code Section 54978 . 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
a Minor Subdivision #54-91 was approved by the Board of Supervisors
on November 24 , 1992 . The approval allowed the subdivision of one
parcel into two residential lots. Condition of Approval #4 of the
subdivision requires the applicant to participate in the provision
of funding to maintain and augment police services by voting to
approve a special tax for the parcels created by the approval..
-CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON /-7A.3 APPROVED 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:Catherine Kutsuris - 646-2091
Orig: Community Development Department ATTESTED
cc: County Counsel PHIL BATCHELOR, CLERK OF
County Clerk THE BOARD OF SUPERVISORS
ANDCOUNTY ADMINISTRATOR/
BY (,�L t , DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 9, 1993 , by the following vote:
AYES: Supervisors Powers, Bishop, McPeak and Torlakson
NOES: None
ABSENT:Supervisor Smith
ABSTAINKone
SUBJECT: Creating County ) RESOLUTION NO. 93/625
Service Area P-6 Zone ) (Gov. C. 25210.8 &
2601 (MS 54-91) i 54900 ff.)
in the MartinezArea 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 2601 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. 93-81 adopted this date is to be presented for approval of the
voters of Zone 2601 of County Service Area No. P-6 by a January 8, 1994 mail ballot
election according to the following ballot proposition:
"Shall Ordinance, No. 93-81 of the Board of Supervisors of
Contra Costa County be approved so as to authorize a special
tax on property located in Zone 2601 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 nereby certify thct this is a true and c:rrom
Orig. Dept:Community Development an action taken and entered on the minutes of the
CC: County Counsel Board of Supervisors on the qate shown.
Sheriff-Coroner - Adm. Comm. Svc. ATTESTED: 9, ! g 93
Assessor PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
f Deputy
RESOLUTION NO. 93/625
s
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EXHIBIT A
SUB MS 54-91
ZONE22601
RESOLUTION #93/625
OCTOBER 1993
JOB # 9151
FILE 9151DESC
LEGAL DESCRIPTION
LOT 4, BLOCK 41 OF MAPS OF MARTINEZ LAND COMPANY, TRACT
NO. 7 FILED MARCH 6 , 1916 IN 1300K 14 AT PAGE 299 ,
CONTRA COSTA COUNTY RECORDS , MORE PARTICULARLY
DESCRIBED AS FOLLOWS ;
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SHELL
AVENUE AT TETE NORTHWESTERLY CORNER OF SAID LOT 4, BLOCK
41 (14 M 299) ; THENCE ALONG THE BOUNDARY OF SAID LOT 4,
THE FOLLOWING COURSES ; NORTH 47 °02 ' 39" EAST , 40 . 00
FEET ; SOUTH 42 ° 57 ' 21 " EAST , 125 . 00 FEET ; SOUTH
47002 ' 39" WEST , 40 . 00 FEET ; NORTH 42057 ' 21 " WEST ,
125. 00 FEET TO THE POINT OF BEGINNING.
Ccontaining an area of approximately .11 acres.
SHEET 1 OF 2
EXHIBIT A
SUB MS 54-91
ZONE 2601
RESOLUTION #93/625
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1
ORDINANCE NO. 93-81
(An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax
for Police Protection Services in Zone 2601 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 Cosa County that are within Zone 2601 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 2601 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 2601 (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).
ORDINANCE NO. 93-81
2
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
incorporated herein.
5. "Consumer Price Index" means the Consumer Price Index for all Urban
Consumers (CPI-U) for the San Francisco-Oakley-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 itis 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 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 , 1995 through June 30, 1996) 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 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 April
For then Current = For First X of Immediately Preceding Fiscal
Fiscal Year Fiscal Year Year) (Consumer Price Index for
ORDINANCE NO. 93-81
A
J
3
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.
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 or 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.
ORDINANCE NO. 93-81
4
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 January 8, 1994 so that taxes shall
first be collected hereunder for the tax year beginning July 1, 1995.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of
Contra Costa, State of California, on November 9, 1993 by the following -
vote:
AYES: SUPERVISORS Powers, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Smith
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By:
Deputy Board Chair
CK/aa
LTRXV/Ord. CK
ORDINANCE NO. 93-81
1028/'93 09:30 ISAKSON AND ASSOC -► 5106462254 Y 002
EXHIBIT A
SUB 54-91
ZONE 2601
ORDINANCE 93-81
OCTOBER 1993
JOB # 9151
FILE 9151DESC
LEGAL DESCRIPTION
LOT 4, BLOCK 41 OF MAPS OF MARTINEZ LAND COMPANY, TRACT
NO . 7 FILED MARCH 6 , 1916 IN BOOK 14 AT PAGE 299 ,
CONTRA COSTA COUNTY RECORDS , MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
BEGINNING AT_ A POINT ON THE SOUTHERLY LINE OF SHELL
AVENUE AT THE NORTHWESTERLY CORNER OF SAID LOT 4, BLOCK
41 (14 M 299) ; THENCE ALONG THE BOUNDARY OF SAID LOT 4,
THE FOLLOWING COURSES : NORTH 47 °02 ' 39" EAST , 40 . 00
FEET ; SOUTH 42 ° 5721 " EAST , 125 . 00 FEET ; SOUTH
47 °02139" WEST , 40 . 00 FEET ; NORTH 42 ° 57 ' 21 " WEST ,
125.00 FEET TO THE POINT OF BEGINNING.
Containing an area of approximately .11 acres.
SHEET 1 OF 2
MS 54..91
SOB 2501 81
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ORDINANCE NO. 93-81 SUB MS 54-9IZONE 2601
FOR FISCAL YEAR JULY 1,',jqqr , THROUGH JUNE 309
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
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 $ 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
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 1 A-1 OA $ 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