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HomeMy WebLinkAboutMINUTES - 11302004 - SD7 To: BOARD OF SUPERVISORS :. : . ..`. Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: November 30 2004 <]L' SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING ZONE: ZONE 301, SUBDIVISION #SD826013 IN THE BETHEL ISLAND AREA. (SUPERVISORIAL DISTRICT 5) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 301 in County Service Area P-6. (Resolution No. 2004/593) 2. Adopt the Ordinance establishing a fee for Police Service District for SD826013. (Ordinance 2004-42) 3. Direct the County Clerk to conduct the election required by Government Code Section 5397. This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall be held on the earliest date permitted by law. (February 1, 2005) FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This application was approved by the United States District Court on March 30, 1989, with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 495 single-family residential lots and 65 townhomes are allowed. Condition of Approval#33 of Subdivision#826013 requires the applicant to agree to place the development in a County Service Area to augment police services based upon the residential use of the site. The initial assessment is $200.00 per lot. CONTINUED ON ATTACHMENT: X YES SIGNATURE ` RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY /,C UNANIMOUS(ABSENT OF AN ACTION TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: Contact:Debi Foley—��5-�2�5 ATTESTED cc: Community Development Department(CDD) JOHN SWEETEN,CLERK OF Elections-Rosa Mena THE BOARD OF SUPERVISORS Sheriff-Coroner-Gloria Sutter AND COUNTY ADMINISTRATOR County Clerk-Elections Auditor-Controller Assessor BY ,DEPUTY SD826013.psd/df c7r-JR �7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 30, 2004 by the following vote: AYES: ✓cl u9t.�c�� U�Uw��jt1VX02.���+•,�P�� J NOES: ABSENT: ABSTAIN: SUBJECT: Creating County ) RESOLUTION NO.2004/593 Service Area P-6 Zone 301 ) (Gov. C. 25210.8 & (SUB#826013) ) 59000 ff.) in the Bethel Island 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 301 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.2004-42 adopted this date is to be presented for approval of the voters of Zone 301 of County Service Area No. P-6 by a February 1, 2005 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2004-42 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 301 of County Service P-6 to maintain the present level of police protection service and provide additional funding for increased police protection service?" 4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot(Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. I hereby certify that this is a true and copy of an action taken and correct minutes of the Board of Supervisors on the date shown. Orig. Dept:Community Development ATTESTED: cQ cc: County JOHN S ETEN, Clerk of the Board Counsel of Supe sons and. Elections—Rosa Mena dministrator f,, Sheriff-Coroner Gloria Sutter By ,. �-��-- -deputy Auditor-Controller Assessor df RESOLUTION NO. 2004/593 Resolution #2004/593 Subdivision #826013 Date: October 28, 2)004 Zone#301 "Exhibit"A" EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT Parcel located in Contra Costa County, California Being all of the following parcels: 1). Deed to Delta Coves, a General Partnership, recorded January 16, 1973 in Book 6843, at Page 551, and zn 2). Deed to Delta Coves,a General Partnership,recorded March 31, 1980 in Book 9793,at Page 423,Contra Costa County Records. Portions of the South 1/2 of Sections 14 and 15 and a portion of the North 1/2 of Sections 22 and 23, Township 2? d* I being more particularly described as follows-, North, Range 3 East, Mount Diablo Base and Meridianand I/ /-,I Beginning at the East V4 k_,orner of said Section 151 thence along the eastern line of said Section 15 South 0'25'44" West 1874.13 feet to a point lying North 0'25'44" East 800.00 feet as measured along said eastern line from the northwest comer of the tract boundary (northwest comer of omitted Lot 1)of that certain Final Map entitled: "Pleasantimes Subdivision as filed on the 9"'day of May, 1944 in Book 27 of Maps, at Pages 26 to 32, inclusive, Contra Costa County Records, said point also being the northwest comer of that certainparcel described as: "Parcel Two" in the Deed as recorded on the 16' day of January, 1973 in Book 6843 at Page 551, Contra Costa County Records; thence along the northern property line of said "Parcel Two" South 89'34'16" East 432.39 feet to the northeast comer of said "Parcel Two if; thence along the eastern property line of said "Parcel Two I)and the southerly prolongation thereof South 4'55'18" C) East 225.76 feet to the most northern comer of Lot "17" of said "Pleasantimes Subdivision thence along the northeastern property line of said Lot "17" and the southeasterly prolongation thereof(also being the northeastern property line of"'Parcel Four"of said Deed[Book 6843,Page 551]) South?.2'49'18" East 258.26 feet to the most eastern comer of said "Parcel Four", said comer being on a parallel line measured 100.00 feet perpendicularly in a southeasterly direction from the southeastern property lines of Lot "16"and Lot "17"ofsaid "Pleasantimes Subdivision"; thence along said parallel line South 58'55'42" West 39.50 feet to a point on a parallel line measured 100.00 feet perpendicularly in a southeasterly direction from the southeastern property lines of Lot "13"and Lot "14"of said "Pleasantimes Subdivision 1P; thence along said parallel line South 8'49'42"West 66.13 feet to the most southern corner of said "Parcel Four said comer being on the easterly prolongation of the southern property line of said Lot '(13 pp; continuing along said southern property line and the westerly prolongation along said prolongation line, thereof North 81°10'18" West 329.51 feet to a point on the eastern property line of said "Parcel Two thence along said eastern property line South 8'49'42" West 204.13 feet to the southeast comer of said "Parcel Two?p; thence along the southern property line of said "Parcel Two" the following two (2) courses: Z_ GAAdni 1 n`J obs-02\02106 5\Survev\Am1cx-doc Page 1 of 4 Date: October 28, 2004 EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT (1) South 77'17'42" West 116.00 feet; thence (2) North 74'5 1'03" West 44.77 feet to the southwest comer of said "Parcel Two thence along said eastern line of said Section 15, also being the western property line of said "Parcel Two"North 0'25'44" East 32.64 feet to the southeast comer of "Parcel One py of said Deed [Book 6843, Page 551]; thence along the southern property line of said "Parcel One Y)1, also being the northern property line of that certain parcel described in the Deed conveyed to: "Contra Costa County"[for: "Stone Road I as recorded on the 31�-day o f March, 1951 in Book 1771 at Page 228, Contra Costa County Records, the following five (5) courses: (3) South 70°16'44" West 534.54 feet to a point of curvature of a tangent curve to the left; thence (4)along said curve having a radius of 225.00 feet,a central angle of 38'56'00", and an arc length of 152.89 feet to the beginning point of a tangent line; thence (5)along said tangent line South 31'20'44"West 158.29 feet to a point of curvature of a tangent curve to the right; thence a central angle of 25'11'00", and an arc length of 76.92 (6) along said curve having a radius of 175.00 feet, feet to the beginning point of a tangent line; thence (7) along said tangent line South 56°31'44" West 80.34 feet to a point on a curve to the left whose radius point bears South 35'36'14" West therefrom, said point being the most eastern terminus of a 70.00 feet radius curve as shown upon that certain Final Map entitled: "Bethel Subdivision"as filed on the 9"day of February, 1945 in Book 27 of Maps, at Pages 60 to 63, inclusive, Contra Costa County Records; thence along the northern property line of "'Stone Road" as shown upon said "Bethel Subdivision " the following eleven (11) courses: (8) along said curve having a radius of 70.00 feet,a central angle of 129'04'30", and an arc length of 157.69 feet to a point of reverse curvature; thence (9) along said curve [to the right] having a radius of 20.00 feet, a central angle of 60'00'00", and an arc length of 20.94 feet to the beginning point of a tangent line; thence (10) along said tangent line South 56°31'44"West 422.28 feet to a point of curvature of a tangent curve to the right; thence (11) along said curve having a radius of 175.00 feet, a central angle of 52'05'27", and an arc length of 15 9.10 feet to the beginning point of a tangent line; thence (12) along said tangent line North 71'22'49" West 914.26 feet to a point of curvature of a tangent curve to the right; thence (13)along said curve having a radius of 175.00 feet,a central angle of 26023'49", and an arc length of 80.62 feet to the beginning point of a tangent line; thence (14) along said tangent line North 44059'00" West 220.67 feet to a point of curvature of a tangent curve to the left; thence (15)along said curve having a radius of 225.00 feet,a central angle of 16'14'00", and an arc length of 63.75 feet to the beginning point of a tangent line; thence (16) along said tangent line North 61'13'00" West 769.16 feet to a point of curvature of a tangent curve to the left; thence G 'Adiiiiii"eJobs-02\021065\Survev\Anilex.doc Page 2 of 4 Date: October 28, 2004 EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT (17)along said curve having a radius of 225.00 feet,a central angle of 22'56'00",and an arc length of 90.06 feet to the beginning point of a tangent line; thence (18)along said tangent line North 84'09'00"West 404.14 feet to the southeast comer of that certain parcel described in the Deed conveyed to: "M J Rodol,f"as recorded on the 15"'day of May, 1957 in Book 2981 at Page 586, Contra Costa County Records; thence along said eastern property line of said Rodol,fparcel North 5°51'00"East 110.50 feet to the northeast comer of said Rodol�f parcel; thence along the northern property line of said Rodolf parcel the following two (2) courses: (19)North 84009')00" West 158.68 feet [157.33 feet per Book 2981, Page 586]; thence (20) North 45'51'00" West 39.27 feet [41.00 feet per Book 2981, Page 586] to the northwest comer of said Rodolfparcel, said comer also being the most eastern comer of Lot "7"of said "Bethel Subdivision";thence thence along the northeastern property lines of Lots "7" to t(4") inclusive, of said "Bethel Subdivision" North 45°51'00"West 341.58 feet to the most northern comer of said Lot "4"[also being the northeastern comer of Lot "3 of said "Bethel Subdivision thence along the northeastern property lines of Lots '(3 PY to "I ' inclusive, of said "Bethel Subdivision YY and rt I "North rth 5 3'2 3)'4 8 continuing along the northwesterly pro longat*on of the northeastern property said Lot P) West 170.16 feet to the northeastern comer of Lot "32"of that certain Final Map entitled: "Farrar Subdivision as filed on the I�t day of April, 1944 in Book 27 of Maps, at Pages 17 and 18, Contra Costa County Records; thence along the northeastern property lines of Lots "32"to '(/")9"I inclusive "Farrar Subdivision "North 53'08'38" West 200.76 feet to the southeast comer of that certain parcel described in the Deed conveyed to: "Trier" as recorded on the 11 to day of April, 1958 in Book 3147 at Page 155, Contra Costa County Records; thence along the eastern property line of said Trier parcel North 0'37'22"West 145.36 feet to the northeast comer of said Trier parcel; thence along the southern property line of that certain parcel described as: "Parcel 2" in the Deed conveyed to: "Heaton)p as recorded on the I'day of June, 1949 in Book 1394 at Page 272, Contra Costa County Records, South 89'59'38" West 756.40 feet to the western line of said Section 15; thence along said western line North 0'37'22" West 50.00 feet to the northern property line of said "Parcel 2 thence along said northern property line North 89'59'38" East 305.00 feet to the southeast comer of that certain parcel described in the Deed conveyed to: "Contra Costa County as recorded on the 12fj "day of September, 1946 in Book 842 at Page 383, Contra Costa County Records; thence along the eastern property line of said Contra Costa parcel North 0'37'22"West 150.00 feet to the northeast corner of said Contra Costa parcel; thence along the northern property line of said Contra Costa parcel South 89'59'38" West 75.00 feet to the southeast comer of that certainparcel described in the Deed conveyed to: "Stone, et ux 11 as recorded on the 29"day 6,Adni I n\J obs-02\02106 5\Survey\Annex.doc Page 3 of 4 Date: October 28, 2004 EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT of July, 1947 in Book 1102 at Page 546, Contra Costa County Records; thence along the eastern property line said Stone parcel, continuing along the eastern property line of that certain parcel described in the Deed conveyed to: "Gardemeyer, et ux VY as recorded on the 15t'day of April, 1946 in Book 889 at Page 345,Contra Costa County Records,and continuing along the eastern property line of that certain parcel described in the Deed conveyed to: "Garner, et ux"as recorded on the 11th day of April, 1946 in Book 867 at Page 38, Contra Costa County Records,North 0'37'22"West 250.00 feet to the northeast comer of said Garner parcel; thence along the northern property line of said Garner parcel South 89'59'38"West 230.00 feet to the western line of said Section 15; thence along said western line North 0'37'22" West 50.00 feet to the southern property line of that certain parcel described in the Deed conveyed to: "Thomas, et ux"as recorded on the 7t'day of May, 1946 in Book 867 at Page 235, Contra Costa County Records; thence along said southern property line of said Thomas parcel North 89'59'38" East 230.00 feet to the SOLItheast comer of said Thomas parcel; thence along said eastern property line of said Thomas parcel North 0'37'22" West 300.00 feet to the northeast comer of said Thomas parcel; thence along the southern property line of that certain parcel described in the Deed conveyed to: "Gumnioiv" as recorded on the 27" day of February, 1947 in Book 1002 at Page 141, Contra Costa County Records, North 89'59'38" East 175.00 feet to the southeast comer of said Gummow parcel; thence along the eastern property line of said Gummow parcel North 0'37'22" West 846.39 feet to a point on the east-west centerline of said Section 15, said point being the northeast comer of said Gummow parcel; thence along said east-west centerline North 89'39'55" East 4856.09 feet to said Point of Beginning. Excepting therefrom the parcel described to Johnson in the deed recorded in Instrument 2003-096463. Containing 13,434,471 square feet, 308.41 Acres, more or less. PreSG- pared bANQ SU y: S No.5186 r6s F. Sellman, Licensed"" % � c EXP. 06-30- Ka07 Professional Land Surveyor No. 5186 (P a� License Expires: 06-30-2003 C References to the existing boundaries of the Deed parcel(s)are primary calls. Any bearings or distances referred to herein are not as a result of a field survey and should be only considered secondary. G:Adnim\Jobs-02\021065\Survey\Annex.doc Page 4 of 4 Resolution #2004/593 Subdivision #826013 LEGEND Zone#301 P.O.D. POINT OF BEGINNING 13"Exhibit 'XC. 16 128 (R) RADIAL LJJ BETHEL 1S-L.,/\JND R 0A D (T) TOTAL ___... ...�.........._... ..._..�...�.__._.._..______ SEC. 15 CIN SQ.FT. SQUARE FEET L 3 -Ij L L 3 L30 LJ1 L26 BK. 9793 4 PG. 423 0 600 1200 L24 \V JOHNSON 2003-0096463 IN F-Em ) (NOT A PART) 1 inch = 600 ft. L22 \1 L21 -�j L2o C8 (b LQ C7 w PARCEL ONE 0 BK. 6843, PG. 551 LIJ b -j) wu > C5 N8 T R *31'44 C4 N 356 C3 L 14 <//7 C2 Cl SECTION LINE L11 t. SEC. 15 L 10 771 r- PARCEL TWO Ll SEC. 14 CIN N EA S T 114 CORNER P.O.B. SEC TION 15 L3 T 2 N. R. J E. M.D.B.&M. PARCEL THREE PARCEL FOUR C/J) bj) SHEET 1 OF 2 EXHIBITB rjt1-iob20021021065\Survey\nrvnex-POLICEdwg 10/27/04 M31#18 AM PDT PLAT TO ACCOMPANY LEGAL DESCRIPTION Dugger! - FOR 11N.I. ensen - POLICE SERVICES DISTRICT ]Azar&Associates j-X - FOR SUBDIVISION 6013 4690 CHABOT DRIVE, SUITE 200 - PLEASANTON, CA 94588 PHONE: (1325) 227-9100- FAX: (925)227-9300 SCALE: DATE: JOB NO.: F4f%1kT""7J A ^^C4MA r%^TTV"TV rl AT TIPMOUT A Z"=f;nn' 1 10-27-04 1 021065 LINE TA BL E CUR VE TA BL E LINE BEARING DISTANCE CURVE RADIUS DEL TA LENGTH L I S00:2544"W 1874.13' Cl 225.00' 38'56'00" 152.89' L2 S89*34'16"E 432.39' 02 175.00' 25'11'00 76.92' L3 SO4"55'18"E 225.76' ci 70.00' 129'04'30" 157.69' L 4 S22 W 9'18 7- 258-26' C4 20.00' 60"00'00" 20-94' L 5 S58*5542"W 39.50' C5 175.00' 52"05'27 759.10 L6 S08*49'42"w 66.13' 06 175.00' 26:23'49 80.62 L 7 N81'10'18"w 329.51 07 1 225.00' 16"14'00 63.75' L8 S08*49'4211W 204.13' C8 225.00' 22-56)00 90.06' L 9 S77'17'42"W 116.00 L10 N7451'03"W 44.77' L 1 N00'25'44"E J2.64' L 12 S70&16'44"w 534.54 L 13 S31'2' 0'44"W 158.29 L 14 S56'31'44"W 80.34 L 15 E56"31)44"W 422-28 L 16 N71*22'49 )W 914.26 L 17 N44'59'00"W 220.67 L 18 N61'613)00')W 769.16' LIP N84'09'00"W 404.41' L20 N05'51'00"E 110.50 L21 N84'09'00"W 158.68 L22 N45*51'00"W 39.27' L23 N45*51)00"W 541.58 L24 N5323'48,j w 170.16 L25 N53'508'38llj w 200.76 L26 NOO"J722 w 145.36' L27 589"59'3E w 756.40 L28 NOO'J' 722 w 50.00' L29 N89'59'38"E- 305.00' LJO NOO#J 722 W 150.00 L,31 S89"59'JS w 75-00 L32 NOO"J7)22"w 250.00 1 LJJ 589'59'38 W 230.00' L34 N00'37'22 w 50.00' L35 N89 059'38*"E- 230.00' L36 N00'37'22"W 300.00' L37 IvBg"59'j8"E- 175.00 L38 N00'37'22"W 846.39' N89 39'55"E- 4856.09' SHEET 2 OF 2 EXHIBITB Go\Job2002\021065\Sur-vey\cLnnex2—POLICLdwg 10/27/04 10*48,41 AM PDT PUT TO ACCOMPANY LEGAL DESCRIPTION D uggeri - FOR '"-Jensen - POLICE SERVICES DISTRICT zar&Associates FOR SUBDIVISION 6013 4690 CHABOT DRIVE, SUITE 200 - PLEASANTON, CA 94588 PHONE: (925) 227-9100- FAX: (925) 227-9300 SCALE: DATE: JOB NO.: CONTRA COSTA. COUNTY. r.AT.TFnRNTA KI 1A v 1 1%—f7-7—r%.4 I m"14^fr* ORDINANCE NO. 2004-42 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 301 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 301 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 11. 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 301 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. "Fiscal year" means the period of July I through the following June 30. 3. Contra Costa County Service Area P-6 Zone 301 (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 C 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. Ordinance 2004-42 1 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 fiscaly ear dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III I A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III IB herein. ARTICLE 111. 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, 2006 through June 30, 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 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. Ordinance 2004-42 2 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 valoremproperty taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times andprocedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, latepayments,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 301 in an election to be held February,1, 2005 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2006 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on November 30, 2004 by the following vote: AYES:SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: None AB SENT: None ABSTAIN: None ATTEST: JOHN SWEETEN, County Administrator and Clerk of the Board of Supervisors /Z1> By: & - . puty B�Ird Chair Ordinance 2004-42 3 Ordinance#2004-42 Subdivision #826013 Zone#301 Date.- October 281, 2004 "Exhibit "A" EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT Parcel located in Contra Costa County, California Being all of the following parcels: 1). Deed to Delta Coves, a General Partnership,recorded January 16, 1973 in Book 6843, at Page 551, and 2). Deed to Delta Coves,a General Partnership,recorded March 31, 1980 in Book 9793,at Page 423,Contra Costa County Records. Portions of the South 1/2 of Sections 14 and 15 and a portion of the North 1/2 of Sections 22 and 23.) Township 2 North.) Range 3 East, Mount Diablo Base and Meridian, and being more particularly described as follows: Beginning at the East 1/4 Corner of said Section 15; thence along the eastern line of said Section 15 South 0'25'44"West 1874.13 feet to a point lying North 0'25'44" East 800.00 feet as measured along said eastern line from the northwest comer of the tract boundary (northwest comer of omitted Lot 1)of that certain Final Map entitled: "Pleasantimes Subdivision"as filed on the 0-day of May, 1944 in Book 27 of Maps, at Pages 26 to 32, inclusive, Contra Costa County Records, said point also being the northwest comer of that certain parcel described as: "Parcel Two py in the Deed as recorded on the 16L` day of January, 1973 in Book 6843 at Page 551, Contra Costa County Records; thence along the northern property line of said "Parcel Two" South 89'34'16" East 432.39 feet to the northeast comer of said "Parcel Two py i thence along the eastern property line of said "Parcel Two PP and the southerly prolongation thereof South 4'55'18" East 225.76 feet to the most northern comer of Lot "17It Y of said "Pleasantimes Subdivision?P thence along the northeastern property line of said Lot "17"and the southeasterly prolongation thereof(also being the northeastern property line of"Parcel Four"of said Deed[Book 6843,Page 55 1])South 22'49'18"East 258.26 feet to the most eastern comer of said "Parcel Four", said comer being on a parallel line measured 100.00 feet perpendicularly in a southeasterly direction from the southeastern property lines of Lot "16"and Lot "17"of said "Pleasantimes Subdivision", thence along said parallel line South 58'55'42"West 39.50 feet to a point on a parallel line measured 100.00 feet perpendicularly in a southeasterly direction from the southeastern property lines of Lot "13"and Lot "14"of said "Pleasantimes Subdivision"; thence along said parallel line South 8'49'42"West 66.13 feet to the most southern comer of said "Parcel Four said comer being on the easterly prolongation of the southern property line of said Lot "13"; thence along said prolongation line, continuing along said southern property line and the westerly prolongation thereof North 81'I O'l 8" West 3 29.5 1 feet to a point on the eastern property line of said "Parcel Two)I; thence along said eastern property line South 8'49'42" West 204.13 feet to the southeast comer of said "Parcel Two PY i thence along the southern property line of said "Parcel Two"the following two (2) courses: (;:\Adnliti\Jobs-02\021065\Survey\Aniiex.doc Page I of 4 Date: October 28, 2004 EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT (1) South 77'17'42" West 116.00 feet; thence (2) North 74°51'03" West 44.77 feet to the southwest comer of said "Parcel Two thence along said eastern line of said Section 15, also being the western property line of said "Parcel Two"North 0'25'44" East 32.64 feet to the southeast comer of "Parcel One"of said Deed [Book 6843,Page 551]; thence along the southern property line of said "Parcel One also being the northern property line of that certain parcel described in the Deed conveyed to: "Contra Costa County I IV[for-. "Stone Road"]as recorded on the 31'day o f March, 1951 in Book 1771 at Page 228, Contra Costa County Records, the following five (5) courses: (3) South 70'16'44" West 534.54 feet to a point of curvature of a tangent curve to the left; thence (4)along said curve having a radius of 225.00 feet,a central angle of 38'56'00",and an arc length of 152.89 feet to the beginning point of a tangent line; thence (5)along said tangent line South 31°20'44"West 158.29 feet to a point of curvature of a tangent curve to the right; thence (6) along said curve having a radius of 175.00 feet, a central angle of 25'11'00", and an arc length of 76.92 feet to the beginning point of a tangent line; thence (7) along said tangent line South 56°31'44" West 80.34 feet to a point on a curve to the left whose radius point bears South 35'36'14" West therefrom, said point being the most eastern terminus of a 70.00 feet radius curve as shown upon that certain Final Map entitled: "Bethel Subdivision"as filed on the 9t'day of February, 1945 in Book 27 of Maps, at Pages 60 to 63, inclusive, Contra Costa County Records; thence along the northern property line of "Stone Road" as shown upon said "Bethel Subdivision"the following eleven (11) courses. (8)along said curve having a radius of 70.00 feet,a central angle of 129'04'30",and an arc length of 157.69 feet to a point of reverse curvature; thence (9) along said curve [to the right] having a radius of 20.00 feet, a central angle of 60'00'00", and an arc length of 20.94 feet to the beginning point of a tangent line; thence (10) along said tangent line South 56°31'44"West 422.28 feet to a point of curvature of a tangent curve to the right; thence (11) along said curve having a radius of 175.00 feet, a central angle of 52'05'27", and an arc length of 159.10 feet to the beginning point of a tangent line; thence (12) along said tangent line North 71'22'49"West 914.26 feet to a point of curvature of a tangent curve to the right; thence (13)along said curve having a radius of 175.00 feet,a central angle of 26'23'49",and an arc length of 80.62 feet to the beginning point of a tangent line; thence (14) along said tangent line North 44'59'00"West 220.67 feet to a point of curvature of a tangent curve to the left; thence (15)along said curve having a radius of 225.00 feet,a central angle of 16'14'00",and an arc length of 63.75 feet to the beginning point of a tangent line; thence (16) along said tangent line North 61'13'00"West 769.16 feet to a point of curvature of a tangent curve to the left; thence 6:\Adnilil\Jobs-021021065\Survey\Annex.doc Page 2 of 4 Date: October 28, 2004 EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT (1'7)along said curve having a radius of 225.00 feet,a central angle of 22'56'00",and an arc length of 90.06 feet to the beginning point of a tangent line; thence (18)along said tangent line North 84'09'00"West 404.14 feet to the southeast comer of that certain parcel described in the Deed conveyed to: "M. J Rodolf PY as recorded on the 15"'day of May, 1957 in Book 2981 at Page 586, Contra Costa County Records; thence along said eastern property line of said Rodo4fparcel North 5°51'00"East 110.50 feet to the northeast comer of said Rodo4f parcel; thence along the northern property line of said Rodo4f parcel the following two (2) courses. (19) North 84'09'00" West 158.68 feet [157.33 feet per Book 2981, Page 586]; thence (20) North 45'5 1'00" West 3 9.27 feet [41.00 feet per Book 2981, Page 5 86] to the northwest comer o f said Rodolf parcel, said comer also being the most eastern comer of Lot "7"of said "Bethel Subdivision P f;thence thence along the northeastern property lines of Lots "7 P" to "4 Ppl, inclusive, of said "Bethel Subdivision" North 45°51'00"West 341.58 feet to the most northern comer of said Lot "4"[also being the northeastern comer of Lot "3 ly of said "Bethel Subdivision"]; thence along the northeastern property lines of Lots "3" to "I ", inclusive, of said "Bethel Subdivision Yp and continuing along the northwesterly prolongation of the northeastern property line of said Lot "I"North 53'23'48')' West 170.16 feet to the northeastern comer of Lot "32"of that certain Final Map entitled: "Farrar Subdivision ly as filed on the I S-dayof April, 1944 in Book 27 of Maps, at Pages 17 and 18, Contra Costa County Records; thence along the northeastern property lines of Lots "32"to "(29", inclusive, "Farrar Subdivision"North 53'08'38" West 200.76 feet to the southeast comer of that certain parcel described in the Deed conveyed to: "Trier" as recorded on the I Its day of April, 1958 in Book 3147 at Page 155, Contra Costa County Records; thence along the eastern property line of said Trier parcel North 0'37'22"West 145.36 feet to the northeast comer of Ink said Trier parcel; thence along the southern property line of that certain parcel described as: "Parcel 2 11 in the Deed conveyed to: "Heaton"as recorded on the I srdayof June, 1949 in Book 1394 at Page 272,Contra Costa County Records, South 89'59'38" West 756.40 feet to the western line of said Section 15; thence along said western line North 0'37'22" West 50.00 feet to the northern property line of said "Parcel 2 thence along said northern property line North 89'59'38" East 305.00 feet to the southeast comer of that certain parcel described in the Deed conveyed to: "Contra Costa County Y,as recorded on the 12`h day of September, 1946 in Book 842 at Page 383, Contra Costa County Records; thence along the eastern property line of said Contra Costa parcel North 0'37'22"West 150.00 feet to the northeast comer of said Contra Costa parcel; thence along the northern property line of said Contra Costa parcel South 89'59'38" West 75.00 feet to the %-1 southeast comer of that certain parcel described in the Deed conveyed to: "Stone, et ux"as recorded on the 29t"day G:'A drii I n\J obs-02\02 1065\Survey\Annex.doc Page 3 of 4 Date: October 281 2004 EXHIBIT A DELTA COVES POLICE SERVICE DISTRICT of July, 1947 in Book 1102 at Page 546, Contra Costa County Records; thence along the eastern property line said Stone parcel, continuing along the eastern property line of that certain parcel described in the Deed conveyed to: "GardemeY er, et ux as recorded on the 15"day of April, 1946 in.Book 889 at Page 345,Contra Costa County Records,and continuing along the eastern property line of that certain parcel described in the Deed conveyed to "Garner, et ux P P as recorded on the 11 t"day of April, 1946 in Book 867 at Page 38, Contra Costa County Records,North 0'37'22"West 250.00 feet to the northeast comer of said Garner parcel; thence along the northern property line of said Garner parcel South 89'59'38"West 230.00 feet to the western line of said Section 15; thence along said western line North 0'37'22" West 50.00 feet to the southern property line of that certain parcel described in the Deed conveyed to: "Thomas, et ux"as recorded on the 7"day of May, 1946 in Book 867 at Page 2351, Contra Costa County Records; thence along said southern property line of said Thomas parcel North 89'59'38" East 230.00 feet to the Southeast comer of said Thomas parcel; thence along said eastern property line of said Thomas parcel North 0'37'22" West 300.00 feet to the northeast comer of said Thomas parcel; thence along the southern property line of that certain parcel described in the Deed conveyed to: "Gummow" as recorded on the 27th- day of February, 1947 in Book 1002 at Page 141, Contra Costa County Records, North 89'59'38" East 175.00 feet to the southeast comer of said Gummow parcel, thence along the eastern property line of said Gummow parcel North 0'37'22" West 846.39 feet to a point on the east-west centerline of said Section 15, said point being the northeast comer of said Gummow parcel; thence along said east-west centerline North 89'39'55" East 4856.09 feet to said Point of Beginning. Excepting therefrom the parcel described to Johnson in the deed recorded in Instrument 2003-096463. Containing 13,434,471 square feet, 308.41 Acres, more or less. Prepared by: S W-4 Ca 0 /0 0 No. 5186 Kars F. SellmanLicen e Date EXP- 06-30-07 6 , Professional Land Surveyor No. 5186 License Expires: 06-30-2003 CA References to the existing boundaries of the Deed parcel(s)are primary calls. Any bearings or distances referred to herein are not as a result of a field survey and should be only considered secondary. Ci:\Adniiii'Jobs-02\021065\Survey\Annex.doc Page 4 of 4 Ordinance#2004-42 Subdivision #826013 LEGEND zone#301 P.O.B. POINT OF BEGINNING L "Exhibit MI- C. 16 (R) RADIAL LJJ S 7, H E L I S L�/,1\1 1) R DA D (T) TOTAL ................ ............. SEC. 15 SQ.FT. SQUARE FEET c\ LJ2 L J2 L LJO LJ8 1 LJI L L26 BK. 9793 PG. 423 0 600 1200 L24 —JOHNSON 2003-0096463 IN FEET } �' (NOT A PART) 1 each600 ft L22 \1 L21 L20 C8 F., 'b Lki C7 Z PARCEL ONE BK. 6843, PG. 551 C6 L"j) Lv) C5 N86'031'44 0 4"E- C4 Cj L 14 C2 Cl SECTION LINE SEC ......... . ......... ........ ------ awmw . 15 EC. '5 S LIO PARCEL TWO L 1 SEC. NEAS.f_ T 11 4 CORNER P.O.B. SE TION ON 75 L3 T 2 N. R. J M.D.E.&M. PARCEL THREE PARCEL FOUR Ll Lj SHEET 1 OF 2 EXHIBITB Go\Job2002\021065\Surlvey\annex—Pl3LICEdwg 10/27/04 I0}3148 AM PDT PLAT TO ACCOMPANY LEGAL DESCRIPTION Duggeri FOR "'%-Jensen POLICE SERVICES DISTRICT zar L Associates FOR SUBDIVISION 6013 4690 CHABOT DRIVE, SUITE 200- PLEASANTON, CA 94588 PHONE: (925)227-9100- FAX: (925) 227-9300 jDATE: JOB NO.: rlf%l6TMr) f4f% A 0v"A f4f%lrTV"TV rlATTWnI lPTJTA SCALE: "=f;nn' 10-27-04 021065 LINE TA BL E CUR VE TA BL E LINE BEARING DIS TA NCE CURVE RADIUS DEL TA LEN G TH Ll SOO 25'44"W 1874.13' cl 225.00' 38.56'00" 152.89' L2 S89`34'16"E 432.39' 02 175.00' 25'11'00 76-92' LJ SO4"55'18"E 225.76' 03 70.00' 129'04'30" 157.69' L4 522'49'18"E 258.26' 04 20.00' 60'00'00" 20.94' L5 558'55'42"W 39.50' C5 175.00' 52"05'27 759.10 L6 SO8"49'42"W 66.13' C6 175.00' 26'23'49 80.62' L 7 N81*70)18"W J29.51' C7 225.00' 16"14'00 63.75' L8 S08`49'42"w 204.13' C8 225.00' 2256'00" 90-06'1 L9 S77.17'42 I)w 116.00 _L10 N74'51'03"W 44.77 L 11 NOO"2544"E 32.64 -L12 S70"16)4 4 W 554.54 L 13 S31*20'44 W 158.29 L 14 556'31'44 W 80.34. -L15 S56°31'4 4 W 422.28 L 16 N71022'49"W 914.26) -L17 N44 @59'00"W 220.6 7) L18 N61"13)00"w 769-16' L19 N84"09)00')W .404.4 7 y- L20 N05"51'00"E 710.50' L27 N84'09'00"W 158.68 L22 N455' 1'00"W 39.27' L23 N45"51)00"W 547.58 L24 N53'23'48"W 170.16' L25 N53 08'38"w 200-76' L26 NO0N3722"W 145.36' L27 589'59'38 W 756.40 L28 N00'37'22 w 50.00' L29 N89'59'38")E 305.00' LJO N00'37'22 w 150.00 LJI 589'59'38 w 75,00 L32 NO 0'J 7)22 w 250.00' L 3 S89'59'38l'w 230.00' L54 N00637)22"w 50.00' L35 N89'59'387 250-00 L36 NO0'3722"W 300.00' L 3 N89'59'38"E 175-00 L38 NO0"3722"W 846,39 L39 N89'39'557 1 4856.09' SHEET 2 OF 2 EXHITB G#\Job2OO2\021065\Sur-vey\aLnnex2-POLICEdwg 10/27/04 tO#4841 AM PDT PLAT TO ACCOMPANY LEGAL DESCRIPTION uggerl FOR ensen - POLICE SERVICES DISTRICT zar &Associates ,.,Jc en FOR SUBDIVISION 6013 4690 CHABOT DRIVE, SUITE 200 - PLEASANTON, CA 94588 1 PHONE: (925) 227-9100- FAX: (925) 227-9300 SCALE: DATE: JOB NO.: CONTRA COSTA COUNTY. CAI.TFnRM A KI/.A I i n-r)-7-f*%A I ^#,I If ORDINANCE NO. 2004-42 ZONE 301 FOR FISCAL YEAR .JULY 1., 2006, THROUGH JUNE 30, 2007 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence-- 1 residence, I site $200 12 Single Family Residence- $200 1 residence, 2 or more sites 13 Single Family Residence- $200 2 residences on I or more sites 14 Single Family Residence— $200 other than single family land 15 Misc. Improvements— I site $200 16 Misc. Improvements—2 or more sites $200 17 Vacant— I 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 Combination $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 PVDs: $ 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 IA-10A $ 200 62 Rural, Wor w/o Structure 1A-10A $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 73 Hospitals $ 400 74 Cemeteries/Mortuaries $ 400 75 Fraternal & Service Organizations $ 400 76 s 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