HomeMy WebLinkAboutMINUTES - 04211992 - 1.18 TO: BOARD OF SUPERVISORS
FROM: HARVEY E. BRAGDON
DIRECTOR Of COMMUNITY DEVELOPMENT
DATE: March 30, 1992
SUBJECT: Establishment of a Special Tax Area for Police Services for Subdivision
7028 (Oakwood Estates) , Located Approximately 1, 000 feet West of State
Highway 4, 100 feet South of Almondtree Lane and 100 feet east of
Mellowood Drive in the Oakley. Area (Parcel #035-250-009 through 035-
250-017
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SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt the attached ordinance establishing a -, Police Services
District for Subdivision 7028 . Direct the County Clerk to conduct
the election required by Government Code Section, 52978 . This
election shall be conducted by mail ballot pursuant to Code Section
1340 and shall be held on the earliest date permitted by law.
FISCAL IMPACT
None. .
BACKGROUND/REASONS FOR RECOMMENDATIONS
On June 2 , 1987 the Board of Supervisors ,authorized the County
Administrator to develop a plan to fund additional police services
in the unincorporated areas of Contra Costa County.
A model ordinance and procedures for processing station police
ordinances were developed.
Subdivision 7028 (Oakwood Estates) was approved by the Board of
Supervisors on October 11, 1988 along with 2749-RZ which rezoned
the site from General Agricultural (A-2) to a Planned Unit District
(P-1) , and Development Plan 3067-87 .
Condition #8 of Subdivision 7028 (Oakwood Estates) requires the
applicant to agree to vote on whether their development should be
placed in a "County Service Area" for 'police service based upon the
residential use of the site. The initial assessment i $100 per
lot.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ON O B RD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON April 21, 1992 APPROVED AS RECOMMENDED OTHER
The Board adopted Resolution No. 92/277 creating County Service Area P-6,72one. 103,
for Subudivison 7028, Oakwood Estates, Oakley area, and Ordinance No. 92-26 authorizing
a special tax. Supervisor Torlakson requested staff to review the escalation clause for
VOTE OF SUPERVISORS such special tax for police protection services in CSA-P6
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community. Development Department ATTESTED April. 21, 1992
cc: County Counsel PHIL BATCHELOR, CLERK OF
Sheriff-Coroner - Admn. Comm. Svc. THE BOARD OF SUPERVISORS
County Clerk - Elections AND COUNTY ADMINISTRATOR
Auditor-Controller
Assessor BY li , DEPUTY
1.18
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 21. 1992 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: ' None
SUBJECT: Creating County ) �, 92/277
Service Area P-6 ) RESOLUTION NO.
Zone 103 ( SUB 7028 ) (Gov.C. 25210 . 8 &
54900 ff . )
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 103 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. 92 26 adopted this date is to be presented
for approval of the voters of Zone 103 • of County Service Area No. P-6 by
a _A,_ ,ppiS t 4 1992 mail ballot election according to the following
ballot proposition:
"Shall Ordinance No. 92/26 of the Board of
Supervisors of Contra Costa County be
approved so as to authorize a special tax on
property located in Zone 103 of County
Service P-6 to maintain the present level of
police protection service and provide
additional funding for increased police
protection service?
-1-
RESOLUTION NO. 92/277
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
Board of Supervisors on the date shown.
ATTESTED: _ AU - ;?- /, /9 9
a
PHIL BATCPkLOR.Clerk of the Board
of Supervisors and County Administrator
By ,Deputy
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Orig. Dept:
cc: Assessor
Auditor-Controller
County Administrator
Community Development
County Counsel •
County Clerk-Elections
Sheriff-Coroner
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-2-
RESOLUTION NO. 92/277
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Parcel "A", Map of Record of Survey, filed July. 25, 1966 in Book
43 of Licensed Surveyors Maps, Page 37, Contra Costa County
Records, described as follows:
Beninning at the northeast corner of said Parcel "A", thence
from said point of beginning, -along the exterior lines of said
Parcel "A", as follows: South Of. 37' 07" East, North 89° 20'
15" West (452.74 ft. ) , North O1° 381 00" East (274.00 ft. ) , and
South 890 20' 15" West, 452 . 67 ft. to point of beginning.
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ORDINANCE NO. 92-26
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
103 of County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I. PURPOSE AND INTENT. It is the purpose and
intent of this Ordinance to authorize the levy of a tax on
parcels of real property on the secured property tax roll of
Contra Costa County that are within Zone 103 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 103 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 in
(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 parcel
according to use for ad valorem property tax purposes . A copy of
the Assessor's use code classifications chart is attached hereto
as Exhibit B and incorporated herein.
5 . "Consumer Price Index" means the Consumer Price Index
for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San
Jose Area (1982-84=100) as published by the U.S. Department* of
Labor, Bureau of Labor Statistics . If the Consumer Price Index
is discontinued or revised, such other government index or
-1-
ORDINANCE NO. 92-26
computation with which it is .replaced shall be used in order to
obtain substantially the same result as would be obtained if the
Consumer Price Index had not been discontinued or revised.
6 . "Constant first year dollars" shall mean an actual
dollar amount which, in years subsequent, to the first fiscal year
the tax is levied, shall have the same purchasing power as the
base amount in first fiscal year dollars as measured by the
Consumer Price Index. The base amount shall be the amount of tax
per parcel as specified in Article III lA herein. The adjustment
from actual to constant dollars shall be made by use of the
Consumer Price Index, as specified in Section III IB 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, 1993
through June 30, 1994 ) 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.
-2-
ORDINANCE NO. 92-26
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 sane 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 rc11
tax bills for ad valorem property taxes and shall be due the
County of Contra Costa. Insofar as feasible and insofar as not
inconsistent with this Ordinance, the taxes are to be collected
in the same manner in which the County collects secured roll ad
valorem property taxes. Insofar as feasible and insofar as not
inconsistent with this Ordinance, the times and procedure
regarding exemptions, due dates, installment payments,.
corrections, cancellations, refunds, late payments, penalties,
liens, and collections for secured roll ad valorem property taxes
shall be applicable to the collection of this tax.
Notwithstanding anything to the contrary in the foregoing, as to
this tax: 1) the secured roll tax bills shall be the only
notices required for this tax, and 2) the homeowners and veterans
exemptions shall not be applicable because such exemptions are
determined by dollar amount of value.
3 . Costs of Administration by County.
The reasonable costs incurred by the County officers
collecting and administering this tax shall be deducted from the
collected taxes.
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of
clause of this Ordinance is for any reason held to be invalid,
such decision shall not effect the validity of the remaining
portion of this Ordinance. The voters of the Zone hereby declare
that they would have adopted the remainder of this Ordinance,
including each article, section, subsection, 'sentence phrase or
clause, irrespective of the invalidity of any other article,
section, subsection, sentence, phrase or clause.
ARTICLE VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Zone
in an election to be held a„pi�gr 4 i gA? • so that taxes
shall first be collected hereunder for the tax year beginning
July 1, 1993
-3-
ORDINANCE NO. 92-26
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on r;1 21,
_1992 by the following vote:
AYES: SUPERVISORS Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
Y
Deputy Board Chair
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-4-
ORDINANCE NO. 92-26
Parcel "A", Map of Record of Survey, filed July 25, 1966 in Book
43 of Licensed Surveyors Maps, Page 37, Contra Costa County
Records, described as follows:.
Beninning at the northeast corner of said Parcel "A", thence
from said point of beginning, •along the exterior lines of said
Parcel "A", as follows: South O1° 37' 07" East, North 89° 20'
15" West (452.74 ft. ) , North 01° 38' 00" East (274.00 ft. ) , and
South 890 20' 15" West, 452.67 ft. to point of beginning.
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FOR FISCAL YEAR JULY 19 I193 throught JUNE 30, 1,1114'
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 100
1 res., 1 site
12 Single-Family Residence - $ 100
1 res., 2 or more sites
13 Single Family Residence - $ 100
2 res. on 1 or more sites
14 Single Family Residence- $ 100
other than single fam. land
15 Misc. Improvements - 1 site $ 100
16 Misc. improvements - $ 100
2 or more sites
17 Vacant - 1 site $ 50
18 Vacant - 2 or more sites $ 50
19 Single Family Residence - $ 100
Dei. w/common area
20 Vacant - Multiple $ 50
21 Duplex $ 100
22 Triplex $ 100
23 Fourplex $ 100
24 Combinations $ 100
25 Apartments (5 -12 units) $ 200
26 Apartments (13 - 24 units) $ 200
27 Apartments (25 - 59 units) $ 300
28 Apartments (60+ units) $ 400
29 Attached PUDs: $ 100
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 50
31 Commercial Stores - $ 300
Not Supermarkets
32 Small Grocery Stores $ 300
(7-11, etc.)
33 Office Buildings $ 200
34 Medical, Dental $ 200
35 Service Stations, Car Wash $ 200
36 Garages $ 2 00
_37 Community Facilities $ 400
7. (recreational, etc.)
38 Golf Courses $ 200
39 Bowling Alleys $ 200
40 Boat Harbors $ 200
41 Supermarkets $ 300
(not shopping centers)
42 Shopping Centers $ 400
43 Financial. Buildings $ 200
(Ins., Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 300
Home Parks
45 Theaters $ 300
46 Drive-In Restaurants $ 200
'47 Restaurants (not drive-in) $ 200
48 Multiple & Commercial $ 200
49 New Car Agencies $ 200
50 Vacant Land ( not part of $ 50
ind. park or P. & D.)
51 Industrial Park $ 400
52 Research & Development $ 200
53 Light Industrial 2010
54 Heavy Industrial S 2C0
55 Mini Warehouses (public Storage) $ 300
56 Misc. Improvements $ 200
61 Rural, Res. Improvement 1 A-1 OA .$ 100
62 Rural, w/or w/o Structure 1 A-1 OA $ 100
70 Convalescent Hospitals/ $ 200
Rest Homes
73 Hospitals $ 200
74 Cemeteries/Mortuaries $.200
75 Fraternal.& Service Organizations $ 200
76 Retirement Housing Complex $ 300
78 Parks & Playgrounds $ 400
4
85 Public & Private Parking $ 200
87 Common Area $ 200
88 'Mobile Homes $ 100
89 Other (split parcels in different $ 100
tax code areas)
99 Awaiting Assignment $ 100