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HomeMy WebLinkAboutMINUTES - 01172006 - SD.2 TO': BOARD OF SUPERVISORS .. Contra FROM: DENNIS M. BARRY, AICP � Y- Costa COMMUNITY DEVELOPMENT DIRECTORy Count DATE: January 17, 2006 J 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 3105, SUBDIVISION #SD048920 IN THE EL SOBRANTE AREA. (SUPERVISORIAL DISTRICT 1) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 3105 in County Service Area P-6. (Resolution No. 2006/01) 2. Adopt the Ordinance establishing a fee for Police Service District for SD048920. (Ordinance 2006-01) 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. (March 21, 2006) FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS This application was approved by the Zoning Administrator on September 26, 2005, with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 25 residential lots are allowed. Condition of Approval#17 of Subdivision #048920 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 r SIGNATURE (S)Q- 4f,L ACTION OF BO ON APPROVED AS RECOMMENDED O ER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS ISA TRUE AND CORRECT COPY '/UNANIMOUS(ABSENThr ) 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—335-1215 ATTESTED 171 1 cc: Community Development Department(CDD) JOHN SWEE E ,CLERK OF Elections-Rosa Mena THE BOARD SUPERVISORS Sheriff-Coroner-Gloria Sutter AND COUNTY ADMINISTRATOR County Clerk-Elections i Auditor-Controller I Assessor BY / )w�-l� Uw�� DEPUTY SD048920.psd/df THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None SUBJECT: Creating County ) RESOLUTION NO. 2006/01 Service Area P-6 Zone 3105 ) (Gov. C. 25210.8 & (SUB 048920) ) 59000 ff) in the El Sobrante 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 3105 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.2006-01 adopted this date is to be presented for approval of the voters of Zone 3105 of County Service Area No. P-6 by a March 21, 2006 mail ballot election according to the following ballot proposition: "Shall Ordinance No.2006-01 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 3105 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 cc: County Counsel copy of an action taken and entered on the Elections—Rosa Mena minutes of the Board of Supervisors on the Sheriff-Coroner, Gloria Sutter date shown. Auditor-Controller ATTI=STED: l JOHN ETEN, er of the Board Assessor of S p rs and, y Administrator df By Deputy RESOLUTION NO. 2006/01 Ordinance 42006-01 Subdivision #048920 Zone#3105 "Exhibit "A" KPR BALMORE MANOR LLC ANNEXATION EXHIBIT"A" PORTION OF LOT 248, MAP OF RANCHO SAN PABLO,FILED MARCH 1, 1894, CONTRA COSTA COUNTY RECORDS, AND PORTION OF THE NORTH !/20F THE SOUTHEAST'/4 OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING ON THE CENTER OF A 50 FEET IN WIDTH PRIVATE ROAD AT THE MOST EASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO MICHAEL LAZARO, ET UX, FEBRUARY 27, 1947, IN BOOK 967, OFFICIAL RECORDS,PAGE 400; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHEAST LINE OF SAID LAZARO PARCEL (9670R400)NORTH 44005'45"WEST 362.49 FEET, THENCE NORTH 00-56'15"EAST 446.10 FEET TO THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO EL SOBRANTE LAND COMPANY, RECORDED OCTOBER 30,1929, BOOK 193, OFFICIAL RECORDS, PAGE 335; THENCE ALONG SAID NORTH LINE OF SAID EL SOBRANTE LAND COMPANY PARCEL(1930R335) SOUTH 89°04'57"EAST 393.49 FEET TO THE WEST LINE OF THE TRACT OF LAND DESIGNATED ON THE MAP OF RANCHITOS DEL SOBRANTE, FILED JUNE 22, 1945, MAP BOOK 27, PAGE 56; THENCE ALONG SAID WEST LINE AS FOLLOWS SOUTH 07005'45"EAST 179.09 FEET, SOUTH 36°56'45"EAST 87.40 FEET, SOUTH 25016'45"EAST 135.94 FEET, AND SOUTH 15°27'32 EAST 120.62 FEET; THENCE LEAVING SAID WEST LINE SOUTH 58037'.30"WEST 180.92 FEET, THENCE NORTH 44005'45"WEST 25.00 FEET TO THE CENTER LINE OF A 50 FEET IN WIDTH PRIVATE ROAD, AT THE MOST EASTERLY CORNER OF THE 2.75 ACRE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DEED TO CARL BERN, ET AL, RECORDED OCTOBER 7, 1948, BOOK 1304, OFFICIAL RECORDS, PAGE 68, THENCE ALONG SAID CENTER LINE OF SAID PRIVATE ROAD SOUTH 45054'15"WEST 197.00 FEET TO THE POINT OF BEGINNING. CONTAINING MORE OR LESS 6.44 ACRES O?%OFESs' S. NASygs l� CO ti�y z Cr No.29528 m 'E EXP.03-31-07 Sq CML �P CAt\ i Ordinance#2006-01 Subdivision #048920 Zone#3105 "Exhibit "B" 41-1 S31` l00SSV 3-16NId � 0�-1 d1SIA 3-10NId LOO—16�-9Z-V t00-16C-9Z-0 S89'04'57"E 393.49' c C' XA � UR * MOO HiVN33NHS y� 100—OZO-9Z* o�Z� N O ill a (n h u') WZ M c �Q O O N > � r � s g z a C-) o -� N dNOO HiVN338HS _ ry Z00-OZO-9Z* Q.) � � odd l Z/ C-"-;. � �1S193a - O B (DC7 0ss1%9 U CID3 � O � M O O W . O � � Q LO W O ° " o� N w . .� 0 O z M to Z C W O % z Q .� V' Z m O Y 0 h Q CL A - Y Q m s� a � -C44 to Cz 5aZ rN m z ,n � !:� 3 � z E- Z oL ori o 0`L +''14 CN 10- tp O z z o `9F' p Sg$ �j M C.D W MO j OI W m m .4� O o w o 4 vPC) OAS O ��� /�oP �� N a O /li d G O O N. Z o z AC/rP - n O M / Q�\ n UjZ O W O <p ¢ O (n O l a- z 04 n O tD U . .7 to F- SUBDIVISION 8920 scAT.E 1'=90' HUMANN COMPANY INC. DATE 11/16/05 ENGINEERING - SURVEYING B A L M O R E CTBY IN 1021 BROWN AVE. LAFAYE9IE, CA 94549 PH (925)283-5000 FAx (925)283-3578 EL SOBRANTE CALIFORNIA ,TOB NO. 04116 ORDINANCE NO. 2006-01 ZONE 3105 FOR FISCAL YEAR JULY 1, 2007, THROUGH JUNE 30, 2008 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence— 1 residence, 1 site $200 12 Single Family Residence- $200 1 residence, 2 or more sites 13 Single Family Residence- $200 2 residences on 1 or more sites 14 Single Family Residence— $200 other than single family land 15 Misc. Improvements— 1 site $200 16 Misc. Improvements—2 or more sites $200 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 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments (25-59 units) $600 ORDINANCE NO. 2006-01 so. 2 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 3105 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 3105.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 3105 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. "Fiscal year"means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 3105 (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 2006-01 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 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 IA 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, 2007 through June 30, 2008) 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 2006-01 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 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 2703 in an election to be held March 21, 2006 so that taxes shall first be collected hereunder for the tax year beginning July 1 2007. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on January 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN SWEETEN, County Administrator an Clerk of the Board of Supervisors A By: Deputy Bor Chair Or finance 2006-01 3 Resolution #2006/01 Subdivision #048920 Zone#3105 "Exhibit "A" KPR BALMORE MANOR LLC ANNEXATION EXHIBIT "A" PORTION OF LOT 248, MAP OF RANCHO SAN PABLO, FILED MARCH 1, 1894, CONTRA COSTA COUNTY RECORDS,AND PORTION OF THE NORTH '/2 OF THE SOUTHEAST 1/4 OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 4 WEST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING ON THE CENTER OF A 50 FEET IN WIDTH PRIVATE ROAD AT THE MOST EASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO MICHAEL LAZA.RD, ET Lx, FEBRUARY"27, 1947, IN BOOK 967, OFFICIAL RECORDS, PAGE 400; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHEAST LINE OF SAID LAZARO PARCEL (9670R400) NORTH 44005'45"WEST 362.49 FEET, THENCE NORTH 00-56'15"EAST 446.10 FEET TO THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO EL SOBRANTE LAND COMPANY, RECORDED OCTOBER 30,1929, BOOK 193, OFFICIAL RECORDS, PAGE 335; THENCE ALONG SAID NORTH LINE OF SAID. EL SOBRANTE LAND COMPANY PARCEL (1930R335) SOUTH 89°04'57"EAST 393.49 FEET TO THE WEST LINE OF THE TRACT OF LAND DESIGNATED ON THE MAP OF RANCHITOS DEL SOBRANTE, FILED JUNE 22, 1945, MAP BOOK 27, PAGE 56; THENCE ALONG SAID WEST LINE AS FOLLOWS SOUTH 07005'45"EAST 179.09 FEET, SOUTH 36°56'45"EAST 87.40 FEET, SOUTH 25016'45"EAST 135.94 FEET, AND SOUTH 15027'32 EAST 120.62 FEET; THENCE LEAVING SAID WEST LINE SOUTH 58037'30"WEST 180.92 FEET, THENCE NORTH 44005'45"WEST 25.00 FEET TO THE CENTER LINE OF A 50 FEET IN WIDTH PRIVATE ROAD, AT THE MOST EASTERLY CORNER OF THE 2.75 ACRE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DEED TO CARL HERN, ET AL, RECORDED OCTOBER 7, 1948, BOOK 1304, OFFICIAL RECORDS, PAGE 68, THENCE ALONG SAID CENTER LINE OF SAID PRIVATE ROAD SOUTH 45054'15" WEST 197.00 FEET TO THE POINT OF BEGINNING. CONTAINING MORE OR LESS 6.44 ACRES PROFESS/p NASy9�gl� G y� w - z cr N0.2952B m,o * EXP.03-31.07 CML �P a`CAl1 a , i Resolution #2006/01 Subdivision #048920 Zone #3105 "Exhibit "B" a1-1 S31V100SSV 3-10NId I 0-1-1 `d1SIA 3-10NId LOO—LK-9Z- *00-162-9Z* S89'04'57"E 393.49' o G�NEER * oZ d800 HidN33,8HS L 00—OZO-9Z* Q` ��� tido (3) .41 o�Q Nei Oin w = N M > U r r s a s Z a " o (on d800 Hlb'N338HS d r x S�Q Z00-OZO-9Z* � YY " o is/93ii T aN =s z- tp J C W O m U m G>~ M a O W r� Q v W WPB Om O O O LY+ u' °� C14o w 2 to 61O w Nor � O o Q O z- q aLj �� S� �JQ Z O W O x a � Zm ►- C p U z m "Ln m it a a Y CID a -N z Jaz o�N 02m z � � E 3 � � � zc o � zc' O� z 5$� mo > els ,��� o w �° _ S m ``��` QO '�� Mo w o v o 0 ,�� j o a o. z o Z o w oQ� O a � Q oN O � 1 0 N M O t0 W m O <CD / Uj J d � N .S'caz 1"=90, HUMANN COMPANY INC. SUBDIVISION 8920 DATE 11/16/05 pp-ENGINEERING - 13 B ALM O R E CT BY LN 1021 BROWN AVE. I AFAYETPE, CA 94549 PH (925)283-5000 FAX (925)283-3578 EL SOBRANTE CALIFORNIA I JOB No. 04116 -/.• _: �= LEGAL PUBLICATION REQUISTION <<� Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA-94596 C14-3 &3951 Requested by: ` S4d- ; a a Date: Phone No:- 5 l�0Z- �� Reference No: l � i Org: �Sub Object: Task: J05 Activity: Publication Date (s): J0dWa ra 23- 2 lo . , No. of Pages: LEGAL PUBLICATION- . 0 ©� No CC7 n �i r rn,u%�c 1 , 6y .... See* lately upon exp tion of publication = — — send in one affidavit for each publicatioa in order that the auditor may be authorimd to pay your bill. Authorized Signature: -w Ctel Please contrrn date of publication & receipt of this fax. MESSAGE CONFIRMATION 01/18/2006 14:52 ID=CONTRA COSTA COUNTY CLERK OF THE DATE S,R-TIME DISTANT STATION ID MODE PAGES RESULT 01/18 01'59" 9259438359 TX 08 OK 0000 01/18/2006 14:50 CONTRA COSTA COUNTY CLERK OF THE 99438359 NO.710 D01 LEGAL PUBLICATION REQUI5TION Contra Costa County From: Clerk of the Board To: Contra Costa Mmes 651 bine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek, CA-94596 q4-3 -836r� Requested by: 2kr1, t. Date: j phone No: Reference No: 1 �7 i Org: Sub Object: 1 Tisk. 505 Activity: Publication ]date (s)_ __J23 Z�O No. of Pages: 4 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the fo"owing dates, to-wit: January 23, all in the year of 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, California. On this 25 day of J nuary , 2006 Signature Contra Costa Times P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) i 2, l ORDINANCE NO.2006-01 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 3105 County Service Service Area No.P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE 1.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 3105 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 Article XIIIA of the Cali- fornia 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 legisla- tion 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(Arti- cle IV of this Ordinance),as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtain- ing,furnishing,operating,and maintaining police protection equipment or apps- ratus,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 as- sessor'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 3105 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2."Fiscal year"means the period of July 1 through the following June 30. 3.Contra Costa County Service Area P-6 Zone 3105(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 Con- sumers(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 Con- sumer Price Index is discontinued or revised,such other government index or computation with which it is repplaced shall be used in order to obtain substan- tially 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 par- cel as specified in Article III 1A 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 111.AMOUNT AND LEVEL OF TAXES 1.The tax per year on each parcel in the Zone shall not exceed the amount appli- cable to the parcel,as specified below. A.For First Fiscal Year: The tax per year for the first fiscal year(July 1,2007 through June 30,2008)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 fis- cal 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 deter- mined 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. 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 and ad valorem property taxes.Insofar as feasible and insofar as not inconsistent with this Ordinance,the times and procedure regarding exemptions,due dates,in- stallment payments,corrections,cancellations, refunds, late payments,penal- ties,liens,and collections for secured roll ad valorem property taxes shall genal- ties, 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 administer- ing 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 theywould 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 2703 in an election to be held March 21,2006 so that taxes shall first be collected hereunder for the tax year beginning Jury 1, 2007. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors,County of Contra Costa,State of California,on January 17,2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN SWEETEN,County Administrator and Clerk of the Board of Supervisors By:/s/K.Sinclair,Deputy /s/John Gioia,Board Chair Legal CCT 4680;Publish January 23,2006