HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-234 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 14,2002 by the following vote:
AYES: SUPERVISORS UILRE14A, GERBER, DESAULNIER, GLOVER and GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Creating County ) RESOLUTION NO.2002/234
Service Area P-6 Zone 1510 ) (Gov. C. 25210.8 &
(SUB 018606 ) ) 59000 ff.)
in the Walnut Creek area )
and Authorizing a }
Special Tax Election in }
Said Zone. )
This Board recognizes the need for increased police protection services in the above subject zone and
the difficulty of funding the current or an increased level of services by revenues now available.
Government Code Sections 50077 and 53978 establish procedures for voter authorization of a
special tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A"is
established as Zone 1510 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 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.2002-11 adopted this date is to be presented for approval of the voters of
Zone 1615 of County Service Area No.P-6 by a July 16,2002 mail ballot election according
to the following ballot proposition:
"Shall Ordinance No.2002-11 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 1510 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 correct
copy of an action taken and entered on the
minutes of the Boar of Supervisors on the
Orig. TDept:Community Development date shown.
AIX
cc: County Counsel ATTESTED:
Elections—Lois Berry JOH14 SWEET , Cier of the Board
Sheriff-Coroner, Wanda Quever of S ervisors a County Administrator
Auditor-Controller Deputy
Assessor
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RESOLUTION NO. 2002/234
Resolution #2002/234
Subdivision #018606 S�i7 9'`
Zone#1510
CCEXhiblt tela"
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Walnut Creek, County of Contra Costa, State of
California, described as follows:
Portion of Lots 30 and 31, as shown on the Map of Subdivision No. 1, Larkey Ranch, which.Map was
filed for record in the office of the Recorder of the County of Centra Costa, State of California on
January 5, 1911, in Book 4 of Maps,page(s) 79, described as follows:
Beginning on the West line of Lot 30, distant thereon South 14140' West 85.37 feet from the North line'
of said Lot; thence from said point of beginning,North 89° East 173.71 feet to the East line of Lot 30,
being in the center line of Oak Road, as said read is designated on said Map; thence South 70 33' West,
along said center line,221 feet; thence North 83°20'West, 196.57 feet to the West line of Lot 31;
thence North 14° 40'East along the Fest line of Lot 30, 199.75 feet to the point of beginning.
Excepting therefrom:
That portion of the premises lying within the parcel of land "for use as a public highway" described irs
the Deed from Sanford B. Jessup, et ux, to Contra Costa County, dated June 7, 1941,and recorded
September 24, 1941, in Book 618 of Official Records,page 317.
That portion granted in the Deed to Sacs Francisca Bay Area Rapid Transit District,recorded Nov b r
27, 1964, Book 4751,page 142, Contra Costa County Official Records.
That portion granted in the Deed to City of Walnut Creek, recorded August 23, 1990, Book 16069,page
19, Contra Costa County Official Records.
ARB No: -0-
APN No: 172.-012-024
SIZE OF THE SUBDIVISION IN ACRES: ,556
Resolution #2002/234 -:54
Subdivision #018606 "'
Zane#1510
"Exhibit KB"
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SCALE IN FEET
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DRAWN: P.E. UDI-TETRAD CONSULTING ENGINEERS, INC.
CHECKED: RLC P.E. 5528 PACHECO BLVD., PACHECO, CA 94553
(925) 674-0218
SURVEY: 6 rw AWN& • T1 dM&► r I / A rs SCALE: I" 100'
5`D
ORDINANCE NO. 2002-11
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax. for Police Protection Services in Zone
1510 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 1510 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 1510 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 2002-11
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 1510
(hereinafter called "Zone") means that portion of the unincor-
porated 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 (1982-84100) as published by the U.S . Department of Labor,
Bureau of Labor Statistics . If the Consumer Prase 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 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 III . AMOUNT AND LEVEL OF TAXES
1 . The tax per year on each parcel in the Zone shall not
emceed 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, 2003
through June 30, 2004) 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. 2002-11
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 a 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. 2002-11
so
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 inconsis-
tent 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 inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, 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 collect-
ing 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, irrespec-
tive 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—July 16, 2002 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 2003 .
-4-
ORDINANCE NO. 2002-11
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on May
1.4 , 2002 by the following vote:
AYES : SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER and GIOIA
NOES : NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Administrator
By:
eputy Bo hair
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_5_
ORDINANCE NO. 2002-11
Ordinance#2002-11
Subdivision #018606 ' '
Zone#1510
"Exhibit"A"
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Walnut Creek, County of Contra Costa, State of
California, described as follows:
Portion of Lots 30 and 31, as shown on the Map of Subdivision 2147o. 1, Larkey Ranch, which Map was
filed for record in the office of the Recorder of the County of Contra Costa, State of California on
January 5, 1911, in Book.4 of Maps, page{s} 79, described as follows:
Beginning on the West line of Lot 30,distant thereon South 14" 40' West 85.37 feet from the North line
of said Lot; thence from said point of beginning,North 89° East 173.71 feet to the East line of Lot 30,
being in the center line of Oak Road, as said road is designated on said Map; thence South 7° 33' West,
along said center line, 221 feet; thence North 83' 20' West, 196.57 feet to the West line of Lot 31;
thence North 14°40' East along the Fest line of Lot 30, 199.75 feet to the point of beginning.
Excepting therefrom:
That portion of the premises lying within the parcel of land "for use as a public high gray" described in
the Deed from Sanford B. Jessup, et ux, to Contra Costa County, dated June 7, 1941, and recorded
September 24, 1941, in Book 618 of Official Records, page 317.
That portion granted in the Deed to San Francisco Bay Area Rapid Transit District,recorded.Novem _ a
27, 1964,Book 4751,page 142, Contra Costa County Official Records.
That portion granted in the Deed to City of Walnut Creek, recorded August 23, 1990; Book 16069,page
19, Contra Costa County Oficial Records.
ARB No: -0-
APN No: 172-012-024
SIZE OF THE SUBI)MSION IN ACRES: .556
Ordinance#2002-11
Subdivision #018606 s-�y
Zone#1510
"Exhibit"B"
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DRAWN: P.E. UDI-TETRAD CONSULTING ENGINEERS, INC.
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ORDINANCE NO. 2002-11 ZONE 1510
FOR FISCAL YEAR JULY 1, 2003, THROUGH JUNE 30, 2004
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
28 Apartments (60+ units) $ 800
29 Attached PUDs: $ 200
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 100
31 C mmerclal 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 Now Car Agencies $ 400
50 Vacant Land (-not part of $ 100
Ind. parr or P. & D.)
51 Industrial Park $ 800
52 Research & development $ 400
53 Ught Industrial $ 400
54 Heavy Industrial $ 400
55 Mini Warehouses (public Storage) $ 600
56 Mise. 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 mote ries/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 erode areas)
99 Awaiting Assignment $ 200
TO: BOARD OF SUPERVISORS ,
a, Centra
FROM: DENNIS M. BARRY,AICD Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: May 14, 2002
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 1510,SUBDIVISION #SDO18606 IN THE WALNUT CREEK AREA.
(SUPERVISORIAL DISTRICT 4)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 1510 in County Service Area P-6.
(Resolution No. 2002/234)
2. Adopt the Ordinance establishing a fee for Police Service District for SDO18606.
(Ordinance 2002-11)
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.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the County Planning Commission on March 26,2002 with the requirement to
establish a Police Service District prior to recordation of the final map. A maximum of 16 lots are allowed.
Condition of Approval #21 of Subdivision #018606 requires the applicant to agree to vote on whether the
development should be placed 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.
^r
_4 CONTINUED ON ATTACHMENT: X YES SIGNATURE C -C —
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS I HEREBY CERTIFYTHAT THIS IS ATRUE AND CORRECT COPY
l9�t-UNANIMOUS(ABSENT F OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DNE SHOWN
ABSENT: ABSTAIN:
Contact:Debi Foley—335-1215 ATTESTED !�o
cc: Community Development Department(CDD) JOHN SWEETEN,CL�i(!t OF
Elections-Lois Berry H BOARD OF SUPERVISORS
Sheriff-Coroner-Wanda Quever AND CO TYADMINIST R
County Clerk-Elections f y
Auditor-Controller
Assessor BYDEPUTY
SD018606psdldf