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HomeMy WebLinkAboutMINUTES - 01251994 - H.2ABC •-'� i - _-_��• Contra TO: BOARD OF SUPERVISORS Costa 7rJii14al FROM: HARVEY E. BRAGDON " s County DIRECTOR OF COMMUNITY DEVELOPMENT srA. � DATE: January 7, 1994 �ovri SUBJECT: Establishment of Zone 117 within County Service Area P-6 for Police Services for SUB 7707 in the Oakley Area (Parcel #041-100-018 and Parcel #041-100-022. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 117 in County Service Area P-6. 2 . Adopt the Ordinance establishing a fee for a Police Service District for SUB 7707. 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 Approvedin January, 1993 SUB 7707 must comply with the Conditions of Approval to provide additional police services in the Oakley area. Condition #16 of SUB 7707 requires the developer to agree to vote their property into a special tax area for additional police services generated by the development. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 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:Arthur Beresford - 646-2031 Orig: Community Development Department ATTESTED cc: County Counsel PH BATC LOR, CLERK OF Sheriff-Coroner, Sgt. Julie Caruso T#t BOARD OF SUPERVISORS County Clerk - Elections, Bob Delevati AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY L , DEPUTY Public Works Department County Administrator N.tm THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on Janaury 25, 1994 , by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Creating County ) RESOLUTION NO. 94/55 Service Area p-6 Zone 117 ) (Gov. C. 25210.8 & (SUB 7707) ) 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 117 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. 94-5 adopted this date is to be presented for approval of the voters of Zone 94-5 of County Service Area No. P-6 by a April 5, 1994 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 94-5 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 117 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 - Attn. Mary Fleming - 646-2031 cc: Sheriff-Coroner Public Works Dept. I hrnreby certify that this Is a true and ^^^M '!^^v of County Counsel an action taken and entered on the n;:rs,:cs of the Auditor-Controller Board of Supervis on the date shown. County Administrator ATTESTea PHIL tb the Board County Clerk - Elections of Sy �sm vW County Administrator Assessor .DePuty RESOLUTION NO. 94 55 N, _CL r Pace 1 SUB 7707 Lane 117 RESOLUTION NO. 94/55 EXHIBIT A ~ E X H i B i T A LEGAI__nFSCR 113T ION All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows : A portion of the Northeast 1 /4 of Section 27 , Township 2 North, Range 2 East , Mount Diablo Base and Meridian, further described as follows : Commencing at a Contra Costa County Standard Street Monument set at the North 1/4 corner of said Section 27 at the intersection of Oakley Road and Live Oak Avenue; thence southerly along the centerline of live Oak Avenue being the north-south mid-section line of said Section 27 South 00'3239" West , 1325.50 feet ; thence leaving last said mid-section line South 89° 16 '09" East , 30.00 feet to a point on the easterly right of way line of Live Oak Avenue being the Point of Beginning; thence South 89° 16 '09" East , 416, 11 feet ; thence North 00'32 ' 39" East , 208.00 feet ; thence South 89° 16 '09" East, 421 . 65 feet ; thence South 00'32 ' 39" West , 654 .00 feet ; thence North 89' 16 '09" West , 72 . 14 feet ; thence North 46'41 ' 40" West , 39.24 feet ; thence South 43' 18' 20" West , 151 .00 feet ; thence South 38°02 '43" West , 40. 20 feet ; thence North 56° 34' 30" West , 155. 65 feet to the beginning of a non-tangent curve concave to the southeast having a radius of 428.00 feet and to which beginning a radial line bears North 56°34 ' 30" West; thence northeasterly 8. 33 feet along said curve through a central angle of 1 '06' 53" ; thence on a- non- tangent line to said curve North 48'37 '00" West, 125.79 feet; thence South 41 °23' 00" West , 74. 29 feet ; thence South 80°24 ' 16" West , 33.47 feet ; thence North 89° 16'09" West , 307.00 feet to a point on the easterly right of way line of Live Oak Avenue; thence northerly along last said line North 00' 32 ' 32" East , 452.00 feet to the Point of Beginning. Containing an area of 10.9 acres , more or less. Sip LAND SJ �4 No.5399 srq �a dip Page 2 Q�G• COR SEC 27 OAKLEY ROAD I o . N h SALVADOR I I S 89.16097 421.65' PARCEL A 'N N � $ oe• 37 PM 24 S 89.1B09'•E 418.11' W g Z I Qg MORRISON Y W O I I$ . � �w � 0�AK h N 89'16' I � s f � N 7214 �72.1f' CARPENTER h NORTH STATE DEV. Na 5399 *tl \F 00 BELLECCI & ASSOCIATES INC. DILE .N.1930 5 1-93 SHEET 1 of 1 CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING PH. (510) 685-4569 EXHIBIT A 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 ORDINANCE NO. 94-5 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 117 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 117 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 117 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- 94-5 ORDINANCE NO. 2 . "Fiscal year" means the period of July 1 through the following June 30. 3 . Contra Costa County Service Area P-6 Zone 117 (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, 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. -2- ORDINANCE NO. 94-5 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. 94-5 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 April 5. 1994 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1995. . -4- 94-5 ORDINANCE NO. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on Jan. 25, 1994 by the following vote: AYES: SUPERVISORS Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: ,tom/ Deputy bard Chair VJW:df dMvjw%ord%c&.p6 -5- ORDINANCE NO. 94-5 Page 1 SUB 7707 A. Zone 117 Ordinance 94-5 E X H I B I T A LF L. nESCR I PT I ON All that real property situate in the unincorporated area of the County of Contra Costa, State of California, described as follows : A portion of the Northeast 1/4 of Section 27 , Township 2 North, Range 2 East , Mount Diablo Base and Meridian, further described as follows : Commencing at a Contra Costa Count.y Standard Street Monument set at the North 1/4 corner of said Section 27 at the intersection of Oakley Road and. Live Oak Avenue; thence southerly along the centerline of Live Oak Avenue being the north-south mid-section line of said Section 27 South 00' 32' 39" West , 1325. 50 feet ; thence leaving last said mid-section line South 89* 16 '09" East , 30.00 feet to a point on the easterly right of way line of Live Oak Avenue being the Point of Beginning; thence South 89* 16 '09" East , 416. 11 feet ; thence North 00* 32 ' 39" East , 208.00 feet ; thence South 89* 16' 09" East , 421 . 65 feet ; thence South 00"32 ' 39" West , 654.00 feet ; thence North 89* 16'09" West , 72. 14 feet ; thence North 46041 '40" West , 39.24 feet ; thence South 43* 18 ' 20'" West, 151 .00 feet ; thence South 38*0243" West , 40. 20 feet ; thence North 56*34' 30" West, 155. 65 feet to the beginning of a non-tangent curve concave to the southeast having a radius of 428.00 feet and to which beginning a radial line bears North 56'34 - 30" West ; thence northeasterly 8. 33 feet along said curve through a central angle of 1 *06 ' 53" ; ' thence on a non- tangent line to said curve North 48*37 '00" West , 123.79 feet ; thence South 41 '23' 00" West , 74. 29 feet ; thence South 80'24 ' 16" West , 33.47 feet ; thence North 89* 16 '09" West , 307.00 feet to a point on the easterly right of way line of Live , Oak Avenue; -thence northerly along last -said line North 00* 32 ' 32" East , 452.00 feet to the Point of Beginning. Containing an area of 10.9 acres , more or less . LAND ft 5389 Page 2 G• Qp• COR• SEC 27 -- N 1/4 OAKLEY ROAD I N • �1 SALVADOR I I S 89'1610911' 421.65' �N PARCEL A 'N $ 00. 37 PM 3.4 $ I S 89.16.091' 41611• Z > $ MORRJSON w � z v h N 89'16 0 W 307.A0' � \ s I �'i H 89'16709W CARPENTER o NORTH - STATE DEV. * Na 5399 *f y; -16 %► P DATE BELLECCI & ASSOCIATES INC. FILE •NO.1930 5 1-93 SCALE: 1"=200 OF 1 CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING A PH. (510) 685-4569 EXHIBIT H 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 Q EXHIBIT B C m N id r O m a ORDINANCE N0. 94-5 N ar m q 'g&1 �_s � o�m A SUB 7707 , ZONE 117 v • ' 3 ^m H>�> F []O s Z - it LA d!=.< < 0. ..7 i D C -t r-G r.� m 7 m � 'S3 T O N Z 2N fA fn �C ? O f�s1 • a N 7 m O a ; • 7 • G N s 0 0 3.�'O s r o r O O 3303 Y M y C 0=2 N V a r p � 3 7 rr `� . spas �L= m 7 oa 3,3 • 33 � 3 �cmT s Z �Q $a O• m� C. 5•c r:� ;;i r m imps i 's P^• a R N S w e 3 D • pp 8 !a• p g�� 7� a 7 9 V C. 7� -- g� 8+ O a N p cli gago F� &m G0 i� c° c 9 $ ma=r Z s3 g3 3 3 1La x x r Q $ 3 " 3 ° , 3.m I7 , r 16 N O. 10 a ■ m CA T 61 41 ('�07 41 ca ca �� W O7 N G O f m V 01 m y-m N a ca N C s m v 19 07. 3 y Q yy m3 3 p •. � � �� S C 84e ro 6 PLA r a a +�a a p a m m a F 9 if m ` q V m N 0 O N P S a m P3S 41 0S Q N C O O O r 0 iS 8 3 6 Q r a m r 6 ■ 9 a '� ^ ;A a� 1 ?55 e C E a 2 o a in m gp g SL m 3 S • or o LIS •moi a er_d a dr_ w N �3a a s s et �n m _ - rS mg E r3 C x= N Is m Q. r p S O'3 m Q• w O So E g = opt r sa oQQ811 � �3�� g$S§r g9gN 01 v; T pQ u IF R ey �- a O.'s QC's Q mi s 9Y 'CIL p� a$ $62 ;� g�. N ��e Qt > a � � Or r � • i ! • ep g D O r]1 r � [] (7 H m = O) �Q V i Ol m Oco■ 3 rsQ N 'l Q 0 QQ� g oo S � � m3g.� (gA S Em mo$s M r Qa IF a �� � b� m � La gip?ft �Ls NP a e $cT �` a 4 IS 3 � 8a aa_ �. Tin g g. a5 wer 'S. g i5 : �gge m gag r 7 • � 'g i Q � 07• o a • 6 S P W C S O ■ m � y �g�pfi!8c, �n g� IL C ag 1g ag y E alp a?9r 3 c� .10 a e alm 5 31.1 g ie) 5 3 la p 31j, a 3 Im =IN Slr �Z 02 m r ORD. 94-5 SUB 7707 Zone 117 For FISCAL YEAR July 1, 1995 through June 30, 199E EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATE,,GORY 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 lam. 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. f 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 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 •• i Contra TO: BOARD OF SUPERVISORS n. Costa G; �rlipii _ FROM: HARVEY E. BRAGDONCounty DIRECTOR OF COMMUNITY DEVELOPMENT '• r+ ~. ;4° DATE: January 5, 1994 ------ SUBJECT: SUBJECT: .Establishment of Zone 1600 within County Service Area P-6 for Police services for Minor Subdivision 20-93,, Alamo/Las Tramp,as Area (Parcel #188-241-029) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) .& BACKGROUND AND .-JU�STIFI.CATION RECOMMENDATIONS 1. Adopt the resolution creating Zone 1600 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 20-93 , County Service Area P-6, Zone 1600. 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 Minor Subdivision 20-93 was approved by the Zoning Administrator on November 29, 1993 . 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 bythe approval. CONTINUED ON ATTACHMENT: YES SIGNATUR J?77 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON aZS' /ffZ 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:Delmar Tompkins - 646-2031 Ori g: Community Development Department ATTESTED cc: County Counsel PH BATCMLOR, CLERK OF County Clerk - Elections, Bob Delevati THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Assessor BY , DEPUTY N . z b THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January'. 25 , 1994 , by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Creating County ) RESOLUTION NO. 94/56 Service Area P-6 Zone 1600) (Gov. C. 25210.8 & (MS 20-93) ) 54900 ff.) in the Alamo/Las Trampas ) 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 1600 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. 94-6 adopted this date is to be presented for approval ofthe voters of Zone 1600 of County Service Area No. P-6 by a April 5, 1994 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 94-6 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1600 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 I hereby Certify that this Is a true and correct coPY of ' Count Counsel s e 1 an action taken and entered on the minutes of the cc: Y Board ofgape re on the date shown. County Clerk - Elections 9TIMy Auditor-Controller AMU PHtL CHELOR, lark of the Board Assessor and County Administrator Sheriff-Coroner Ift Density RESOLUTION NO. 94{56 EXHIBIT A PARCEL OF LAND BEING MINOR SUBDIVISION 20-21 M.Z �• Peter & Judith Giddings - Owners & Subdividers LEGAL..DESCRIPTIO.N A.P.##1:88-241-029 Portion of -the Rancho San Ramon in the unincorporporated area of the. County of Contra Costa, State of California, described as follows: Portion of Parcel "D" , as. shown on the parcel map filed October 23, 1984, in Book 112 of Parcel Maps, at page 41 , Contra Costa County Records,. containing 2.40163 acres, more or less, described as follows: Beginning at the southeastern corner of said Parcel "D" (112PM 41Y: thence along the exterior boundary of said Parcel "D" along the the northeast line of the old Southern Pacific Railroad Company (San Ramon Branch) right of way northwesterly along the are of a curve to the left having a radius of 2914.84 feet,. the center of which bears South 54Q55'08:" West, through a central angle of 0005'36" , a distance of 4.75 feet to a point from which the cent- er of a compound curve to the left having a radius of 5779. 61 feet bears South 54°49'32" West,along said curve through a central angle of 0618100" , a distance of 30.26 feet: thence North 3528128" West tangent 'to said curve, 91.97 feet: thence along the are of a tangent curve to the right having a radius of 2241.88 feet, through a central angle of 0'45' 00" a distance of 29.35 feet; thence along the arch of a compound curve to the right the 'cent'er .of which bears North 55016'32" East having a radius of 1096.01 feet, through a central angle of V30'00" a distance of 28.69 feet; thence along the arc of a compound curve to the right the center of which bears North 5e4-6'32" East having a radius of 713.78 feet, through a central angle of 2°15' 00" a distance of 28.03 feets thence along the are of a compound curve to the right the center of which bears North 59°01'32" East having a radius of 523.13, feet, through a 'cent- ral angle of 10'007'5311 a distance of 92.50 feet to a point on said curve the center of which bears North 69609125" East, 523.13 feet; thence leaving said Southern Pacific Railroad Company right of way northeast line North .66 24'02" East, 75.00 feet to an angle point in the northwestern line of said Parcel "D" (112PM41 ; thence along said northwestern line North 66'24'02" East , 2.50.97 feet; thence continuing along the ext- erior boundargr of said Parcel "D" (112PM41 ) South 23'635'581, East, 45. 00 feet and South 7435'09" East, 78. 63 feet and North 6V24, 02" East, 208. 00 feet to the southwestern:-; line of Danville Boulevard and South 23002'58" East along said southwestern line , 15.00 feet and South 66°24102" West, 183.84 feet and South 23'35'58" East, 10. 00 feet and South 66'024' 02" West, 58. 00 feet and South 230 35' 58" East, 181 .80 feet and South 66'024, 02" West , 308. 17 feet to the point of beginning. Resolution 94/56 Parcel contains 2.402 acres. _ MirLor Subdivision 29-93 Zone 1600 4S'l- ,-,4 QjWo $ qu ktj \W hh Z qs Zai �O; �'i W � � R �il♦ 6th Zti\ ` ��� h i Z� jNv�W yti�� tik�W y W����a.°a � to ;y�,��! 4ppk�� �1��•4��.0 DAMWI L E _ ieAsis o/ee,�.t/nns BL YD.MAP wl � d0/.d.!• olw�� t�so - �a�7r,raEs7 •` aj� SO /Et I/!/MWAVE' •f ybi 150 41ILI Q � N cc u cc 0 sik IV Na N '' Q)% V Q ;a •:sras+:rtr aiow : 41 O rn �F1b�. ,vrr•as•rr/r aiao u M CIDN CC �OO V f J eZ� a( ! O, •` ss'/Riau E W s. �! ti •0. u > Jwr a — $; u J OL a car v 0. .0 O w La E N Z Inro m z. yam'$'n s'. 9d�!• r .� U .. oma— � � ���•a� rl W W b Wy n- y5E7 Rt 10� a A heti 'W y. r© 1y60 oR �� , oNTR � COSTAKo�l . � � q 4-3 y0h h O��C� N 9E97 3 � ^g�`• DIY H. z6 ORDINANCE NO. 94-6 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection. Services in Zone 1600 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 1600 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 1600 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 94-6 2. "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 1600 (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, _ 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. -2- ORDINANCE NO. 94-6 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. 94-5 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 incurredby 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 April 5, 1994 so that taxes shall -first be collected hereunder for the tax year beginning July 1, 19Tb7. -4- ORDINANCE NO. 94-6 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, onJan. 25, 1994 by the following vote: AYES: SUPERVISORS Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: _ — —(Ik�- Deput)( 4Boardhair VJW:df dWvjw\ordlcsap6 -5- ORDINANCE NO.94-6 EXHIBIT A PARCEL OF LAND BEING MINOR SUBDIVISION 20-91 H. 7. b Peter & Judith Giddings - Owners & Subdividers LEGAL DESCRIPT O.N A.P.#188-241-029 Portion of -the Rancho San 'Ramon in the unincorporporated area of the County of Contra Costa, State of California, described as follows: Portion of Parcel "b" , as shown on the parcel map filed October 23, 1984, in Book 112 of Parcel Maps, at page 41 , Contra Costa County Records, containing 2.40163 acres, more or less, described as follows: Beginning at the southeastern corner of said Parcel "D" (112PM 41) : thence along the exterior boundary of said Parcel "D" along the the northeast line of the old Southern Pacific Railroad' Company (San Ramon Branch) right of way northwesterly along the arc of a curve to the left having a radius of 2914.84 feet, the center of which bears South 5V55'08"' West, through a central angle of 0005'36" , a distance of 4.75 feet to a point from which the cent- er of a compound curve to the left having a radius of 5779. 61 feet bears South 54°49' 32" West,along said curve through a central angle of 0181001' , a distance of 30.26 feet; thence North 3528128" West tangent 'to said curve, 91.97 feet: thence along the are of a tangent curve to the right having a radius. of 2241.88 feet, through a central angle of 045' 00" a distance of 29.35 feet; thence along the ard' of a compound curve to the right the center .of which bears North 55°16'32" East having a radius of 1096.01 feet, through a central angle of 1030'00" a distance of 28.69 feet; thence along the are of a compound curve to the right the center of which bears North 56°46'32" East having a radius of 713.78 feet, through a central angle of 2°15' 00" a distance of 28.03 feets thence along the are of a compound curve to the right the center of which bears North 59x01'32" East having a radius of 523.13. feet, through a cent- ral angle of 10007'53" a distance of 92.50 feet to a point on said curve the center of which bears North 69609'25" East, 523. 13 feet; thence leaving said Southern Pacific Railroad Company right of way northeast line North .66624, 02" East, 75. 00 feet to an anle point in the northwestern line of said Parcel "D" (112PM41�; thence along said northwestern line North 66`24'02" East , 250.97 feet; thence continuing along the ext- erior boundar3r of said Parcel "D" (112PM41 ) South 23°35'S8" East, 45. 00 feet and South 7435'09" East, 78. 63 feet and North 66024' 02" East, 208. 00 feet to the southwestern- line of Danville Boulevard and South 23002"58" East along said southwestern line , 15.00 feet and South 66°24' 02" West, 183.84 feet and South 2335'58" East, 10. 00 feet and South 66°24' 02" West, 58. 00 feet and South 2335'58" East, 181 .80 feet and South 66024102" West, 308. 17 feet to the point of beginning. Ordinance 94-6 _ Parcel contains 2.402 acres. _ _ MirLor Subdivision 29-93 Zone 1600 14w 4 k ZA Rik ke 41 1* lNreXSM7X 4JO N q ►',4 X k 41 SOO kul sZ. 14V W- C4 k, j* A Z 44 11 Z R v % 0 0 sa 84Y DAAfW44E OF&"#?/AW r Se i Sy N$Q TO ff9'l1fA#V41 "All ILI < M :zi t k % (Z (Vi ZE -- z n! (r)% is db cc acro cc on 0 O ri 0 UL CC w 0 re Wdd k 71- N till ga i Ul q CL > Q CIC CID V V) ko L'M- U a 0). rL, L 1V 3t ix Z-k- �-� .W rev Jt,sr/ �f l7IGask 14-t-a Af/ CN Og tfl� 38:1 NI TA C a N TFF?A . �4,.- oS (D -' r Cg k - •0 C) .MC 4 \ �< 1*4 EXHIBIT B .0i C ca N W _. p ORDINANCE N0. 94-6 �' $ ° en a o z: w MINOR SUB 20-93'- , ZONE 1600 co to �.a m _ ^ en Z to O iv+ Nw to N 7 a V <n O . - 3 3;L. d C7 , W yq N C d Q t3 3� w 3 Q7 a � a� m C a a< !° nom a. ; m. 3 a ? m C _ m m .' m m in. m m T o -n o f o m O O m C w m N m _m C'a cmn. n =3 ,3m� i9 m ,iPc N 9 m 7o Cc m± m m M 4 p QZ4mo �ai � o -i W - m3 o a o 1.-Z r [[]] 4 H D � o O C O 'O - 7 V 7 ra 7 9 fN7� g O W N g N m O COL3v am =+ tz Hm e . 3 c 00 n 33 e3 c', '3' 7 m m 1000 m x x 7 m x mm �� m o � y � y w q w 63'0 � m 'c0 a oo cmri mw mom_ � m r M40 A N Im m W �p V y Ol N� m Nco a W O? -O W O 3 n _ m 7 < O. n .O + O m 0 3 O O .m.. co 'fl ea m m m to w O m 3 m to e o p.22. m y m m N O Q77 7 N�° O N D 7C' w2m � tan n � a 0Pp � ATOL- ��cp m a 8mm m ;rQ ° a o = > > °vc w O C1 �1 Q m m m H N < t9 m m m e<Omm m ? e mee < `� m '' 0t �m y 00 3 3 0u g' 0 C3 Fr m 7 0 m T (p 7 ^JT 7 m 0 °° C �.=m > ca 40 0 C C to C 5 C to a = cn C a o v ]7 cn a.. j -D C'tn p•lCn > > r 4 m cn as cn m a o W -� m N a f a m P m o m cmc Q� m n = c x' �i - ca m m m 4 0 tl p p o XLm �-tCA CL p S = c m = oma mf ° .a � CO3 Of c R. FA CL P : D O C vra m m W� k,p c p nog a So So' aC rn �C o gv> o c� � c os m 'q m V OQ � O OQ� W O a O W _q N D3 c O m a� o 3 � m O e w m 0 m rr c pe yc c ro 10 m Y01 oD m � Dmf or- .5' o �apr ".r & CL v co m x,¢03 ag•^ o m m o m m o.s2 s m m ar' m Z ID -+to d a 67 d m p . m . - O 1 v Er m 0 m a �. a m c Z V � � " Y M o v�o .� g bZm o� Q m to Sm a bZ W 3 a NoZ� o oo�m � a me wm m <_m gm ov oo - N Oaf Z m� m3 �mw � � � � m o � F' - c e m 4$rte O.tl ~y � 'm7•' O b v A � o m A pA� o m w 3 w a m � c �.° L o Z Bm ca ° w o D a m r M", a �y[/�]� m � My-yto vL m mZN � v N ays� o m �..^. O -N m r O O X p t t � O 10A, __ a m �_ 7 D < O 57 m 'O A n Q O o m m m m P O.a to m_ v c � v w w m ro atr'0 a°m mom+ m ° r 3 - f $ x > > � � c In 3 a �aoc 'oa 0 P mom 3 t0 0­0 N m O m 0' tl 7 8 m e A H c 3 to o e a m Z Y w m m m o w CL oZ mm cm-o m m 0-0 m a8 3 � m - n �o p /0 f a'i g to O a N 2 n 3 S a S_ Scn co m � m a3 a3 a3 a3 3 a n0 m a o �.m '".lam a n 0-1w N 31-4 610 N 3 ICA N 3 la a 31w --1N aI- O Z H Q. =. 3 d `: ^ m N m a a a m a ; a m mcn O. C co ra m co -- N '.J W \ ;. v` n ; a u N CO a 4 - c - G r 7 a S' ° N. 71 Z. MINOR ORDINANCE NO. 94-n6 SUB 20-93 ZONE 1600 FOR FISCAL YEAR JULY 1,*.1995 THROUGH JUNE 300' 1996 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY, EXPLANATION PER-PARCEL 1;1> Single Family Residence - $ 200 1 res., 1 site 12 Single Family Residence - $ 200 1 res., 2 or more sites 1.3 Single Family Residence - $ 200 2 res. on I 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 Dot. 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 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- •,`; L ', . _=_,• Contra TO: BOARD OF SUPERVISORS �;--�' �' Costa FROM: HARVEY E. BRAGDON ' s County DIRECTOR OF COMMUNITY DEVELOPMENT ��••, _ 4° DATE: January 5, 1994 SUBJECT: Establishment of Zone 1100 Within County Service Area P-6 for Police Services for Subdivision 7845, Pleasant Hill BART Area (Parcel #198- 300-007) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the resolution creating Zone 1100 within County Service Area P-6 and authorizing an election. 2 . Adopt the ordinance establishing a fee' for a police services district for Subdivision 7845, County Service Area P-6, Zone 1100. 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 Subdivision 7845 was approved by the Board of Supervisors on October 19, 1993 . The approval allowed the subdivision of one parcel into 11 residential lots. Condition of Approval #14 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 SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OPUBOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 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:Delmar Tompkins - 646-2031 Orig: Community Development Department ATTESTED cc: County -Counsel PH BATC LOR, CLERK OF County Clerk - Elections, Bob Delevati TH BOARD '-OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Assessor BY , DEPUTY _ . ...... .. , W.1 C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 25 , 1994 , by the following vote: AYES: Supervisors Smith; Powers, Bishop, ..Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Creating County ) RESOLUTION NO. 94/57 Service Area P-6 Zone 1100 ) (Gov. C. 25210.8 & (SUB 7845 ) ) 54900 ff.) in the Pleasant Hill BART ) 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 1100 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. 94-7 adopted this date is to be presented for approval of the voters of Zone 1 100 of County Service Area No. P-6 by a April 5, 1994 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 94-7 of the Board.of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 1 100 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 i hereby certify that this Is a true and corrccL •-•,•; CC' County Counsel an action taken and entered on the rr,:rutcs �f the Board Of SuperA n lthe date shown. County Clerk - Elections /9f Auditor-Controller ATTESTED: Assessor PHIL BATC ELOR,C4 c of It3oard 01 Sup"Mm and County Administrator Sheriff- Coroner .Deo itv RESOLUTION NO. 94/57 ........_.................._ .._..__....:.........:._. :.:._ ._._:_ .u. wrcw:r:r.........:e..ae..swwirwwx.. EXHIBIT Ac. 1� 2 POLICE DISTRICT ELECTION IgUBDIVISION-7845 DESCRIPTION: The land referred to herein is situated in the State of California, County of. CONTRA COSTA, UNINCORPORATED, described as follows: PORTION OF THE RANCHO LAS JUNTAS; DESCRIBED AS FOLLOWS: BEGINNING AT A 1 INCH PIPE ON THE NORTH LINE OF MAYHEW WAY AT AN.EAST LINE OF THE 2 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM L. T. SCHREIBER, ET UX, TO .JACK TAUB, ET UX, DATED JANUARY '10, 1945 AND RECORDED FEBRUARY 27,1945 IN VOLUME 807 OF OFFICIAL RECORDS, AT PAGE. 198;THENCE FROM SAID POINT OF BEGINNING.NORTH 0 21'08"EAST ALONG SAID- EAST LINE, 212.84 FEET TO A 1 INCH PIPE IN A SOUTH LINE OF SAID 2 ACRE PARCEL (807 OR 198); THENCE NORTH 55 15' 27" EAST ALONG SAID SOUTH LINE 214.28 FEET TO THE WEST LINE OF BANCROFT ROAD;THENCE ALONG SAID WEST LINE, SOUTH 34 51' 24" EAST 15.55 FEET, THENCE SOUTH Cr 21' W WEST 310.86 FEET TO THE NORTH LINE OF MAYHEW WAY; THENCE NORTH 89 35' 10 WEST ALONG SAID NORTH LINE, 166.29 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS. 1.03 ACRES. Resolution # 94/57 Subdivision 7845 Zone 1100 W OLLMAN ASSOCIATES. INC. SNCINLr MG — SURVEMIG — LWD DSVCLOPMENT 1233 Afpino Road Walnut Cred6 California 945% Oa'/Y0J.9WO/1 Phone(sip)939-1090 Far(510)939-1091 ca ►� St Se- W �Qo2. I Q � o j Q �S•�` 0 ;iWA1/TY MAP io po 0 M POLICE SERVICE SPECIAL 0 TAX AREA a W J 148-300-007 45,038 sq. fL f I H 1.03 acres f W ao 0 r 0 . o Z 9 N 89'3510 W 166.29 MAYHEW- WAY- Resolution # 94/57 Subdivision 7845 Zone 1100 2 of 2 H.7.c ORDINANCE NO. 94-7 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1100 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 1100 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 1100 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 94-7 2 . "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 1100 (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, 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. -2- ORDINANCE NO. 94-7 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. 94-7 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 April 5, 1994 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1995. -4- ORDINANCE NO. 94-7 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on Jan. 25, 1994 by the following vote: AYES: SUPERVISORS Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator 6 By: - Deputy V oard Chair VJW:df df4:vjw\ord\csap6 -5- ORDINANCE NO. 94-7 _.......... .. ..__. ....,.... EXHIBIT- A POLICE DISTRICT ELECTION SUBDIVISION 7845 DESCRIPTION: The land referred to herein is situated in the State of Callfomia, County of CONTRA COSTA, UNINCORPORATED, described as follows: PORTION OF THE RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS: BEGINNING AT A 1 INCH PIPE ON THE NORTH LINE OF MAYHEW WAY AT AN EAST LINE OF THE 2 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM L. T. SCHREIBER, ET UX, TO- .JACK TAUB, ET UX, DATED JANUARY 10, 1945 AND RECORDED FEBRUARY 27,1945 IN VOLUME 807 OF OFFICIAL RECORDS, AT PAGE 198;THENCE FROM SAID POINT OF BEGINNING NORTH Cr 21'08m EAST ALONG SAID EAST LINE, 212.84 FEET TO A 1 INCH PIPE IN A SOUTH LINE OF SAID 2 ACRE PARCEL (807 OR 198); THENCE NORTH 55 15' 27" EAST ALONG SAID SOUTH LINE 214.28 FEET TO THE WEST LINE OF BANCROFT ROAD; THENCE ALONG SAID WEST LINE, SOUTH 34 51' 247 EAST 15.55 FEET; THENCE SOUTH Cr 21' 08"WEST 310.86 FEET TO THE NORTH LINE OF MAYHEW WAY; THENCE NORTH 89 35' 10" WEST ALONG SAID NORTH LINE, 166.29 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 1.03 ACRES. Ordinance # 94-7 Subdivision 7845 Zone 1100 _r n WOLLMAN ASSOCIATES. INC. ENC(NEER 12 - SURVEYING - LARD DEVELOPMENT �1� V 1233 Alpin.RmW Walnut*ook Ca9lumb 94599 Oa'NvsSA00N Phone(510)939-1090 Pe.(510)939-1091 ir js�s�,�' 0 cQ � \ 'A Y/eMffrY MAP N.r6. �y5 OR 0 M POLICE SERVICE SPECIAL b TAX AREA J 148 300 007 H 45,038 sq. fti.f I 1.03 acres f �' 00 0 0 ' o z 9 N 89'3510 W 166.29 MAYHEW WAY- Ordinance # 94-7 Subdivision 7845 Zone 1100 2 of 2 N z2 c EXHIBIT B mZE C tn3 'oOC a cp o o -'tn O-n 7 a i � � R. -0 o �y� r o m m o -- .0E. ca>9 ORDINANCE N0. 9--- 3a o 5 o � Z v SUB 7g___4�5-. .. � ZONE lld� .. ' tl1 +3 N N ti ` c 0 7� ... O N :' w m3N , i C Tz` v, m c g �' V �p a p b �, tA•r G y = 91 ,4 y 3 ^ID m m o = m O ; m fn —.6 £ N td nw m FN iso S. „� �m v{o � ��o �a° .�. F� do $ i » �; a a o-3 o -n N �a m e 3 `° 03 mcalm - a m 1 3 �w 3 �m N '' m o 0 c °`U1-4 . 30p omm 0 Cm 0 �.a K �' mo oN m N rpm om = g�'pa O.3 q •� Na. N R 0+ tT+ c ~ �•CS NCc m a a N Q X -M1 so 0 c ? fe t,� (� m CQ��Q m m a N W •p r,1 by if "' Q w U1 V C* y i °. O .� cn ccn o n 0 p RA 7 IA "y A O7 W 3 = t6 N 'A' p•'p r • .�...�y A •0�� A m 0. O � 'd w, O 3. y A m d- COA.{ Os p W Fla Nb N -n Bra $ ymr'a cn ria ,- eO='°G -0vr m m � a= �,� 3.5e�, a c ?: m --k-- Ss° o m ,., cn '0"p ,�, °to m tNtt c i to m = N 3 6C� o, c = w = go � so a S c to cr "E C c „m � c c = 0 cn a d 3 r ,• 'o go a a m H m K a a in^ a a '.". o x d v mom p S :r N _ 0, o •1. O m m N S►'y0 Yi SOY gC A o� .•c c m lb 0 to wp �0 O w -• 3+m 'c0 0 0 _'tG '- .d n a 30x1 C' N to m 9 low2z cf o m Q m SA S C C O O ID'- m S - m_p � Lr ¢_R �' m p�p -1 i_ �� 19 � 'A �mCo0 '�r mo m 0y m . 56 Q m aq a m a -im o �g m a carat % a o b _ G o� g, CL m m = a N _ Z m C) Z �p3 W m � rnto a3 �,� m'Q«' �s = '1 c n v,o eo 5cn O d c v 0. w •,-y-• ?' � CL aN9 m it o ° pi N G �7e 2 G 4 ORDINANCE NO. 94-7 SUB 7845 ZONE 1100 FOR FISCAL YEAR JULY 1,'.1995 , THROUGH JUNE 309' . 1996 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. wlcommon 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 1A-10A $ 200 62 Rural, w/or w/o Structure 1A-10A $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 73 Hospitals $ 400 74 Ce mete ries/Mo rtuari es $ 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