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MINUTES - 06021992 - H.2
H zr9 Contra TO: BOARD OF SUPERVISORS ;. Costa O' .. - FROM: HARVEY E. BRAGDON � `�' - 's County DIRECTOR OF COMMUNITY DEVELOPMENT '; osn DATE: May 27 , 1992 Urir'i SUBJECT: Establishment of a Special Tax Area, County Service Area P-6, Zone 105 for Police Services for Subdivision 7293 fronting for 447 feet on the East Side of Lois Lane, Approximately 525 feet North of Cypress Road, in the Oakley Area (Parcel #035-720-015 through 035-720-021) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution creating a county service -area .and authorizing an election. 2 . Adopt the Ordinance establishing a fee for a. Police ' Serv.ice District for Subdivision 7293 , County Service. ,A"rea .P=61." Zone- 105. 3 . Direct the County Clerk to conduct the electioi. requ,ired 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 The East County Regional Planning Commission approved Subdivision 7293 on August 14 , 1989 which allows seven (7) units to� be built in the Single Family Residential-High Density District . (R-6) . The conditions of approval for Subdivision 729.3 require:sthe 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 is $i00 per lot. The Ordinance is the action necessary to establish a Pol,,ice Service District for the subject site and satisfies tAFoaxjiZoof Approval. CONTINUED ON ATTACHMENT: YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION Of ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON a 9fa APPROVED AS RECOMMENDED ; J OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED Q9119 .2 cc: County Counsel PHIL• TCHELO , CLERK OF Sheriff-Coroner - Admn. Comm. Svc. THE 96ARD OF SUPERVISORS County Clerk - Elections AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 29 1992 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County ) RESOLUTION NO. 92/353 Service Area P-6 Zone ) (Gov. C. 25210.8 & 105 (SUB 7293) ) 54900 ff.) in the Oakley Area and ) and Authorizing a ) Special Tax Election in ) Said Zone. ) This Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1 . That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zone 105 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. 92-39 adopted this date is to be presented for approval of the voters of Zone 105 of County Service Area No. P-6 by a August 4, 1992 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 92-39 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 105 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. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Orig. Dept: Community Development Board of supervisors o the date shown. - cc: Community Development ATTESTED: County Counsel PHIL BATCHE R,Clerk of the aoard Sheriff-Coroner -Amn. Comm. Svc. of Supervisors d County Administrator County Clerk - Elections Assessor or Deputy RESOLUTION NO. 92/353 EXHIBIT A LEGAL DESCRIPTION SUB 7293, ZONE 105 All that certain real property situated in the unincorporated area of the County of Contra Costa, State of California described as follows: Commencing at the center line of a point of Lois Lane, said point being the intersection of Lois Lane and the north line of West Cypress Road thence from said point of commencement North 000 54' 19" East a distance of 553.17 feet to the true point of beginning; thence South 890 05' 41 " East 248.09 feet; thence North 000 54'10" East 274.11 feet; thence North 890 05' 41" West 248.08 feet to a point on the center line of Lois Lane; thence South 000 54' 19" West 274.11 feet to the point of beginning Containing an area of 1 .56 acres more or less. RESOLUTION NO. 92/353 Q_ 1991 ROLL- TRACT 7293 h4.B. 350-23 w L Q co r.rp��5df'w 2r8.o6 A G2.r' rrS.Tr' �i a U C-LLP d f `.2i�� �. NG q u I � is a ;, , �s � 1$ 4 s BRISTOL CT. o Ni�°1'S'4t W N�r� �` N 1 .�, .i$ 334'Ld t3 1ai l A� 2t o �o D_x ORDINANCE NO. 92-39 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 105 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 105 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 Cohtra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 105 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 105 (hereinafter called "Zone" ) means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4 . "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price index is discontinued or revised, such other government index or -1- ORDINANCE NO. 92-39 computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6 . "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, .shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III lA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III . AMOUNT AND LEVEL OF TAXES 1 .. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 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. 92-39 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 August 4, 1992 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1993 -3- ORDINANCE NO. 92-39 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on ,uue_2, 1992 by the following vote: AYES: SUPERVISORS POWERS, FAHDEN, SCHRODER, TORLAKSON AND McPEAK NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: ct Deputy Board Chair VJW:df df4svjw\ord\caap6 -4- ORDINANCE NO. 92-39 r EXHIBIT A LEGAL DESCRIPTION SUB 7293, ZONE 105 All that certain real property situated in the unincorporated area of the County of Contra Costa, State of California described as follows: Commencing at the center line of a point of Lois Lane, said point being the intersection of Lois Lane and the north line of West Cypress Road thence from said point of commencement North 001 54' 19" East a distance of 553.17 feet to the true point of beginning; thence South 89° 05' 4 1 " East 248.09 feet; thence North 00° 54"10" East 274.11 feet; thence North 89° 05' 41 " West 248.08 feet to a point on the center line of Lois Lane; thence South 000 54' 19" West 274.11 feet to the point of beginning Containing an area of 1.56 acres more or less. ORDINANCE NO. 92-39 A- 1991 ROLL- TRACT 7293 M.B. 350'23 MALLARD i W z Q ` N A G2.t' t15.Tt' sL b L Q 1 iy iv-t 4:.1. 1�0-41 t Q °' ao %S 'a s Z W as - aa a f m d 4 Urn) w N8�5" w ti oBRISTOL CT. 1a 4s o -we,* 5'41'w �' J w Qom, � ! /t• 3i R,bS ,,,, 1 4 c Q to vn W � ''v.a�• � 55i LP J G1.--Z Q A ca ORI)INR"ICE O Hm z n EXyIBIT R 1mo 93ZQNE 105 - a -o mrnN iym AcSUR 72 o z a W (p00 - to G1 W C11 m oN N C l "no t'o w 00 miA . t7t �S m it io10 03 m C 3 CL y, m mm 4 (n Vto 6t h w N N m O �r {7 A. P•j Ot �e � •G m N C .� LN-y �'O CT C{O � � X X N O C C N m w m m Qa $ p3 n ca '' ° 0 ? O N f1 0 G y N 'mto O N N Q C w m N t0 A NW ? W s n Ll f�7 Wca f n v0 Q m Q O �p m O o Vf 3 x to yam N40 � CD -a 0 A T Q g m y i to :° y 0 O n N 0 -. y_ G m m NDN z cr `� Q -'-cam zrco a �mf om3 mac mem c a S go to (D E 05 } -- (Da3 ° :' `" • -'_ � .%mka uCi a 0 R m � p N_- • F' m N 3 y m ��yy �� Wrn y - to m tT Q �j N _• Q �• fr S m c c .. rnCL m gCa �,o �In � v :oSQ ta CD Q m y y � ^ a Nm C 4 = � 0 'c S1, t c A G G O u .2acw mN C O O a - gyp, O C o" to 0 C E c � = w Q S cn O cr A m y oo Q' Aapm sa V 3' o o ptwo s m c w Q O A a L q O•. w 6 c5 '.° P-4 o H 3 sp w' Q or 4� Q ASI S S2 A J.=� "n a 7 Q O 4 t3 $ m �+ O m C w a N f W cIO 1O < . � Qm� two to R" 3 c9 fo40 ci mSO � oi7 ZS. Q " Z w m w _ N O tan y 'a .Q P S7' Gl � cp o �Onf °' ci.°.i r ca •mD sr to hr�of' �� � �flro N �C c coaF3 P a) craG i m toT 0 A &0 � m 2 0. CL to PA0 3 n a a � m s o M 3� : Q N 0 w a m �" .. OZ b � a Ci OZ 0 � ' Q°O 2 a3 a� c�iwIN =1i m� m rig A `cg to 'c tTi C o 5 c 3{tn uCi m Isw y' v N a n G m w g c a 0 N.i� 0. 0 Cox Ic+ wy 1`t QIP Q Q m O to N y _e`So" to m = c y N Q 4° .ma.. M Q Q O N i = O Qi O o w � eae w W N ORDINANCE NO. 92_ 9 , SUB 7293 , ZONE FOR FISCAL YEAR JULY 11 1993 THROUGH JUNE 30, 1994 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 Det. 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 $ 200 37 Community Facilities $ 400 (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 S 200 5.0 Vacant Land ( not part of S 50 ind. park or P. & D.) 51 Industrial Park $ 400 52 Research & Development $ 200 53 Light Industrial $ 200 54 Heavy Industrial $ 200 55 Mini Warehouses (public Storage) $ 300 56 Misc. Improvements $ 200 61 Rural, Res. Improvement 1A-10A $ 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 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 � .zC Contra TO: BOARD OF SUPERVISORS '• —� . Costa County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT z DATE: May 27, 1992 q COUNCY SUBJECT: Establishment of a Special Tax Area, County Service Area P-6, Zone 109, for Police Services for Subdivision 7385 (Las Brisas II) fronting for 1, 143 feet on the West Side of Empire Avenue, approximately 880 feet south of Oakley Road, in the Oakley Area. (Parcel Nos. 041-100-019, 014-110-005, and 041-110-018 through 041-110-025) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution creating a county servi ce. area and authorizing an election. . 2 . Adopt the Ordinance establishing a fee for a Police Services , District for Subdivision 7385, County Service Area P-6,;::. Z,one ,: 109. 3 . Direct the County Clerk to conduct the election required by Government Code Section 52978 . This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Subdivision 7385 (Las Brisas II) was approved by the Board of Supervisors on July 31, 1990 along with Development Plan 3026-89 and 2858-RZ which rezoned the 49 . 9 acres from General Agricultural (A-2) to a Planned Unit District (P-1) . A maximum of 159 homes are : to be built. Condition #17 of Subdivision 7385 (Las Brisas II) " 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 $100 per lot. CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ON OF D COMMITTEE APPROVE OTHER SIGNATURE(S) : ` ACTION OF- BOARD ON a ga APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ONT#E DATE SHOWN. Orig: Community Development Department ATTESTED �e. �,7 9 cc: County Counsel PHIL BA HELOR, CLERK OF Sheriff-Coroner - Admn. Comm. Svc. THE BOARD OF SUPERVISORS County Clerk - Elections AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 2, 1992 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County ) RESOLUTION NO. 92/354 Service Area P-6 Zone ) (Gov. C. 25210.8 & 109 (SUB 7385 in the ) 54900 ff.) Oakley 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 109 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. 92-40 adopted this date is to be presented for approval of the voters of Zone 109 of County Service Area No. P-6 by a August 4, 1992 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 92-40 of the Board of Supervisors of Contra Costa County be approved so,as to authorize a special tax on property located in Zone 109 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. 1 hereby certify that this Is a true and correct COPY of Orig. Dept: Community Development an action taken and entered on the minutes of the Board of Supervisors on the date shown. cc: Community Development ATTESTED: -Z, l y y :".LCounty Counsel HILBATC LOR,Cerk ofthe Board Sheriff-Coroner - Adm. Comm. Svc. of supervisornunty Administrator County Clerk - Elections Auditor-Controller By 00Pol,ty Assessor RESOLUTION NO. 92/354 1� i EKHIBIT A SUB 7385, ZONE 109 RESOLUTION NO. 92/354 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE—QUARTER OF SECTION 27 , TOWNSHIP 2 NORTH,-; RANGE 2 EAST MOUNT DIABLO BASE AND MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE CENTERLINE INTERSECTIONS OF E14PIRE AVENUE AND SAUTERNE WAY, THENCE NORTH 0055' 20" EAST ALONG THE CENTERLINE OF EMPIRE AVENUE 74.26 FEET; THENCE LEAVING SAID CENTERLINE NORTH 89004 ' 40" WEST TO THE WEST RIGHT—OF—WAY LINE OF SAID EMPIRE AVENUE 22 . 87 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING AND ALONG THE WEST RIGHT—OF—WAY LINE OF EMPIRE AVENUE NORTH 0055 ' 20" EAST, 1143 . 0 FEET; THENCE LEAVING SAID WEST LINE NORTH 89017 ' 35" WEST, 352 . 0 FEET; THENCE 411 . 0 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF THAT CERTAIN 9 .72 ACRE PARCEL OF LAND ENTITLED TO JOHN F. LEMKE RECORDED IN BOOK 9456 OFFICIAL RECORDS PAGE 358; THENCE ALONG THE SOUTH LINE OF SAID LEMKE PARCEL 9456 OR 358 NORTH 89017 ' 35" WEST, 550.0' FEET; THENCE THE FOLLOWING COURSES AND DISTANCES ; THENCE SOUTH 0055 ' 29" WEST, 188 . 0 FEET; THENCE NORTH 89016 ' 08" WEST, 466 .0 FEET; THENCE SOUTH 0032 ' 39" WEST, 654 . 0 FEET; 7"HETICE SOUTH 89016 ' 09" EAST, 461.0 FEET; THENCE SOUTH 0055 ' 429" EAST, 737 . 0 FEET; THENCE SOUTH 89004 ' 40" EAST, 11.20 . 0 FEET TO A POINT OF NON—TANGENCY; THENCE ALONG A NON—TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 228 .0 FEET, HAVING A CENTRAL ANGLE OF 7071 ' 09" AN ARC LENGTH OF 29 .25 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE CONCAVE TO THE NORTH HAVING A. RADIUS OF 172 . 0 FEET THRU A CENTRAL ANGLE OF 34058 ' 50" AN ARC LENGTH OF 105. 01 FEET TO A POINT OF NON—TANGENCY; THENCE NORTH 45055 ' 20" EAST, 28 . 28 FEET; THENCE SOUTH 89004 ' 40" EAST, 32.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 42.8 ACRES MORE OR LESS . a 89034 .LGL 8/24/89 EXHIBIT A SUB 7385, ZONE -149 RESOLUTION NO. 92/354 Ll I r i • ; s I --- ---------------- - - -----•----- w . O E= 8 ------------------- C: J f rpff r T TQ • .o A N f � 1 . I ft0ld10 tr I ,TIT( l ORDINANCE NO. 9z-4u (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 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 109 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 inc1ude any land or improvements outside the boundaries of Zone 109 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 ing (hereinafter called "Zone" ) means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4 . "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes . A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5 . "Consumer Price Index" means the Consumer Price Index .. for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or -1- ORDINANCE NO. 92-40 computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6 . "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III lA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III . AMOUNT AND LEVEL OF TAXES 1 . The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 1993 through June 30, 194 ) 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. 92-40 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 roll tax bills for ad valorem property taxes and shall be due 'the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in -the same manner in which the County collects secured roll ad valorem property taxes . Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3. Costs of Administration by County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes. ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI. EFFECTIVE DATE. This Ordinance .shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held August 4, 1992 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1993 -3- ORDINANCE NO. 92-40 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra. Costa, State of California, on June 2 1992 by the following vote: AYES: SUPERVISORS pOWERS, FAHDEN, SCHRODER, TORLAKSON AND McPEAK NOES: None ABS ENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By �. Deputy /j Board Chair VJW:df df4tvjw\ord\eeep6 -4- ORDINANCE NO. :32-40 EXHIBIT A SUB 7385, ZONE 109 ORDINANCE No. 92-40 LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27 , TOWNSHIP 2 NORTH, ; RANGE 2 EAST MOUNT DIABLO BASE AND MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTIONS OF EMPIRE AVENUE AND SAUTERNE WAY, THENCE NORTH 0055' 20" EAST ALONG THE CENTERLINE OF EMPIRE AVENUE 74.26 FEET; THENCE LEAVING SAID CENTERLINE NORTH 89004 ' 40" WEST TO THE WEST RIGHT-OF-WAY LINE OF SAID EMPIRE AVENUE 22 . 87 FEET TO THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING AND AL014G THE WEST RIGHT-OF-WAY LINE OF EMPIRE AVENUE NORTH 0055' 20" EAST, 1143 . 0 FEET; THENCE LEAVING SAID WEST 'LINE NORTH 89017 * 35" WEST, 352 . 0 FEET; THENCE 411 .0 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF THAT CERTAIN 9.72 ACRE PARCEL OF LAND ENTITLED TO JOHN F. LEMKE RECORDED IN BOOK 9456 OFFICIAL RECORDS PAGE 358; THENCE ALONG THE SOUTH LILITE OF SAID LEMKE PARCEL 9456 OR 358 NORTH 89017 ' 35" WEST, 550 .0' FEET; THENCE THE FOLLOWING COURSES AND DISTANCES ; THENCE SOUTH 0055' 29" WEST, 188 .0 FEET; THENCE NORTH 89016 ' 09" WEST, 466.0 FEET; THENCE SOUTH 0032* 39" WEST, 654 .0 FEET; THENCE SOUTH 89016' 09" EAST, 461.0 FEET; THENCE SOUTH 0155 ' 29" EAST, 737 . 0 FEET; THENCE SOUTH 89004' 40" EAST, 1120 .0 FEET TO A POINT OF NON-TANGENCY; THENCE ALONG A NON-TANGENT CURVE. CONC'_i6VE TO THE SOUTHEAST HAVING A RADIUS OF 228.0 FEET, HAVING A CENTRAL ANGLE OF 7071 ' 09" AN ARC LENGTH OF 29 .25 FEET TO A POINT OF REVERSE CURVATURE; THENCE, ALONG it CURVE CONCAVE TO THE NORTH HAVI14G A RADIUS OF 172 .0 FEET THRU A CENTRAL ANGLE OF 34058 ' 50" AN ARC LENGTH OF 105.01 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 45055' 20" EAST, 28. 28 FEET; THENCE SOUTH 89004 ' 40" EAST, 32.50 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 42.8 ACRES MORE OR LESS. 89034 .LGL 8/24/89 . r= FAHIBIT A SUB 7385 ZONE 109 ORDINANCt N0. 92-40 � T • r r i i . , V • : i ._ .. -_...___.- . T 00, Toff CT"r IS J r r T r7 w N• a + S�dJ K�0.0 l■ ..Tt l r- EXHIBIT B T Q: C 07 N lJ •+ O O m � N v ORDINANCE NO. 92-40 d ° c o o a 3 Op 2'n SUB 5 , ZONE 1 nA `° ' d = N>.> o _ y ! z o ° D' Ov < m Z _ - Dm N rj j m O n = N 0� " o CL mom 3 o " oa N c o 3 N cn m 3 C _ `° m 'o u vi n m �r T N n -� ' T O f ° 10 O - En O 0 N 0 0m m N a r ° 7 Cj d 0� fv to O N O O O C� O O -• Q O 7•T O � C17 to G 'q O CL 3 y 7 J o 3 ° + 'T o z Q a m a 3 p m N y a G� N O ° O t3yD y 0 3 3 3 — O m y C x x c =' C7 of x O NA O N N Ifi N W N W O O O w O 1 O. m T < N < < N d a o o m N (D m I'a cn to N s _ (/ .o cnlcj N O u o 4 N NInQ w m o < CL o 3 fC r Q O N N N 0 Y O O O CD �Oj Of 3 W G1 p y o vi > � z aG (�C_I> 7 C7 a n fn a p a q lO d O V 9 y. q C1 N 1 J OO C.d N M O C -� p O n o m ° " o� 3 a Q N y < oCOD — < c o $ q Q c o _no o N y O. °_ t O d mv N N q y O 3 O N 1 m d j O e r 5 7 C a 0 — C H co >co . n C C cn C U1 3C5 N N N r N o p � N y -� j N �a < N py > > G 3 `� 0.10 O °� N v O O < H ^� C • c -� m m m O m m N y N p O. O G S O 9 C O , O o m m a� ao to°' ` S a a o " g CL c ZL o CL CD c to SD m o a �= M_ � n � >� N a 0 o _ o c m p� Q m V OOi O p Cpn O Q a O P (Oi O m N > 3 j O e0 C a j ID O y 3 90 `C Q C » m Q m 7 C O O nIA o C m N om a � 01 > � �° � — m m > o ao ,g ° gad � aa. > > o .gm o 10A m >m No m F m m ° - O m C C V � m a Q m� CD N 3 C N ! �O O — � - = 1° 3 Fr m z O ° 3 � < '- " o ° ° f7 o m fD a m d m m o m ` o < c y arses a N o „ v 0 o m m v O d =15' O CO2 O - ;F © ^ O Ci Y ea /z X y m p ) OQ CL Cn _ 92 m m y N C cN w o q o y o 6 7 G o m o w 7I3jm N f Z o ma n. � 3 .24 goo A £ 5 yo • tmn c 203cn Hm !r n 'o m �w '�" a3 a3' a3 a3 H n0 y a o _ .. = ".I� o 1m H 3 1- 61m y 3 IN H 3 1a N I� =IN a I-� O • y O � to r'(� O. � � — � r ORDINANCE NO. 92-40 , SUB 7385 ZONE 109 FOR FISCAL YEAR JULY 1, 3993 THROUGH JUNE 3 , 1994 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 Det. 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 $ 200 37 Community Facilities $ 400 (recreational, etc.) 38 Golf Courses $ 200 39 Bowlin I g 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 S 50 ind. park or P. & D.) 51 Industrial Park $ 400 52 Research & Development $ 200 53 Light Industrial $ 200 54 Heavy Industrial $ 2ob 55 Mini Warehouses (public Storage) $ 300 . 56 Misc. Improvements S200 61 Rural, Res. Improvement 1A-10A $ 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 } 1 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 H .2 S TO: BOARD OF SUPERVISORS %__ - Contra _ County x' w. i:illll'I� :. -i� County FROM: HARVEY E. BRAGDON ,a; _ •� .. ,s,� DIRECTOR OF COMMUNITY DEVELOPMENT +', � , o DATE: May 27 , 1992 SUBJECT: Establishment of a Special Tax Area, County Service Area P-6, Zone 110, for Police Services for Subdivision 7489 (Oakley Manor Estates) , fronting 148 feet on the North Side of Laurel Road, approximately 1,800 feet east of Empire Avenue, in the Oakley Area. (Parcel No. 035-040- 009) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution creating a county service' area and authorizing an election. 2 . Adopt the Ordinance establishing a fee for a Police.- Service's, ! District for Subdivision 7489, County Service Area P-6 - :Zone.; 110. 3 . Direct the County Clerk to conduct the election required by Government Code Section 52978 . This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Subdivision 7489 was approved by the East County Regional Planning Commission on July 23 , 1990. A change in zoning,- 2888-RZ, from General Agriculutral (A-2) to Single Family Residential (R-7).; became effective on this date. A maximum of 6 lots on 1. 5 acres is allowed by this rezoning action. Condition #9 of Subdivision 7489 (Oakley Manor Estates) <'requlres 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 assessm t . s $100 per lot. 2CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION OF ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A Al 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 G ;L cc: County Counsel PHIL ATCHELOR, CLERK OF Sheriff-Coroner - Admn. Comm. Svc. THE OARD OF SUPERVISORS County Clerk - Elections AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 2, 1992 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County ) RESOLUTION NO. 92/355 Service Area P-6 Zone ) (Gov. C. 25210.8 & 110 (SUB 7489) ) 54900 ff.) in the Oakley Area and ) and Authorizing a ) Special Tax Election in ) Said Zone. ) This Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1 . That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zone 110 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. 92-41 adopted this date is to be presented for approval of the voters of Zone 110 of County Service Area No. P-6 by a August 4, 1992 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 92-41 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 110 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 Orig. Dept: Community Development an action taken and entered on the minutes of the cc: Community Development Board of Supervisors on the date shown. County Counsel . ATTESTED: LR- 2, i 9 9 Sheriff-Coroner - Adm. Comm. Svc. PHIL BATCH oR,Clerk of the Board Of Supervisors and County Administrator County Clerk - Elections i Auditor-Controller Assessor I .Deputy RESOLUTION NO. 92/355 I I 4 p EXHIBIT- A SUB 7/489, ZONE 110 RESOLUTION NO. 92/355 "EXHIBIT A" PORTION OF PARCEL "C" AS SAID PARCEL "C" IS SHOWN AND SO DESIGNATED ON THE MAP ENTITLED "PARCEL MAP MS 71-68" FILED ON JULY 10, 1968 IN BOOK 4 OF PARCEL MAPS AT PAGE 23 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERN CORNER OF SAID PARCEL "C"; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE WESTERN LINE OF SAID PARCEL "C" NORTH 000 58' 09" EAST 4.58 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING ALONG THE BOUNDARY LINES OF SAID PARCEL "C" THE FOLLOWING 4 (FOUR) COURSES: 1) NORTH 000 58' 09" EAST 382.72 FEET, 2) NORTH .560 38' 09" EAST 142.57 FEET, 3) ALONG THE ARC OF A 275.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 080 03' 00" AN ARC DISTANCE OF 38.64 FEET AND 4) SOUTH 000 58' 09" WEST 474.59 FEET TO A POINT 55.00 FOOT MEASURED PERPENDICULARLY FROM THE PROPOSED CENTER LINE OF LAUREL ROAD; THENCE LEAVING SAID I_ %= : SOUTH 85' 57' 00" WEST 99.92 FEET; THENCE ALONG THE ARC OF A 2445.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 010 08' 21" AN ARC DISTANCE OF 48.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 63,257 SQUARE FEET OF LAND MORE OR LESS, 90085.0 BOUNDARY. SURD. 7489 OF c 16IN EAs r/ � X. AfA i C � /O,974_' !Jl' I I �Eaisr. W 5 U f/DU5E77G 7.{ o VP-5.5p 7957' 28� TANK I _, 0-5¢— � EX/S1 lWaA OUNO POUL C LL-C,r \ V s 94 ell 1p 0 rue .5 .✓ 90 n 4/TD BE. L i I TD C.e CD. AOA w PiPOPGLSEO �/r✓ �Y,ST. PA .w �� � — T W iU 7 ORDINANCE NO. 92-41 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 110 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 110 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 110 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 110 (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) . A . "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes . A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5 . "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for .the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of. Labor, Bureau of Labor Statistics . If the Consumer Price Index is discontinued 'or revised, such other government index or -1- ORDINANCE NO. 92-41 computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6 . "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III lA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES 1 . The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per yg for the first fiscal yeah+ (July 1, 1993 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. -2- ORDINANCE NO. 92-41 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 roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3. Costs of Administration by County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes . ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI . EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held August 4, 1992 so that taxes shall first be collected hereunder for the tax year beginning . July 1, 1993 -3- ORDINANCE NO. 92-41 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on June 2, 1992 by the following vote: AYES: SUPERVISORS POWERS, FAHDEN, SCHRODER, TORLAKSON and McPEAK NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: 6J - Deputy VBoard Chair VJW:df df4svjw\ord\caap6 -4- ORDINANCE NO. 92-41 EXHIBIT A SUB 7489, ZONE 110 ORDINANCE NO. 92-41 "EXHIBIT A" PORTION OF PARCEL "C" AS SAID PARCEL "C" IS SHOWN AND SO DESIGNATED ON THE MAP ENTITLED "PARCEL MAP MS 71-68" FILED ON JULY 10, 1968 IN BOOK 4 OF PARCEL MAPS AT PAGE 23 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDS DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERN CORNER OF SAID PARCEL "C"; THENCE FROM SAID POINT OF COMMENCEMENT ALONG THE WESTERN LINE OF SAID PARCEL "C" NORTH 000 58' 09" EAST 4.58 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING ALONG THE BOUNDARY LINES OF SAID PARCEL "C" THE FOLLOWING 4 (FOUR) COURSES: 1) NORTH 000 58' 09" EAST 382.72 FEET, 2) NORTH .560 38' 09" EAST 142.57 FEET, 3) ALONG THE ARC OF A 275-00 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 08' 03' 00" AN ARC DISTANCE OF 38.64 FEET AND 4) SOUTH 000 58' 09" WEST 474.58 FEET TO A POINT 55.00 FOOT MEASURED PERPENDICULARLY FROM THE PROPOSED CENTER LINE OF LAUREL ROAD; THENCE LEAVING SAID 13OUNDARY LINE SOUTH 850 57' 00" WEST 99.92 FEET; THENCE ALONG THE ARC OF A 2445.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 010 08' 21" AN ARC DISTANCE OF 48.61 FEET TO THE POINT OF BEGINNING AND CONTAINING 63,257 SQUARE FEET OF LAND MORE OR LESS. 90085.0 BOUNDARY. SUM 7489 o ,rte o 10, O /0,97¢ L:�y M-Arr wec[ zeza,l. RU 0 HousE 776 7{ 10 P-.TSS i c �TD�4WSel L i BE..b L__ _ HOUSE i i RELA4A7Ao L .^ 4 =ti Q ex scrri 7957 � EX/ST /N6.POUNO � \ • `�y -- -- - P-41 OOwE4 Oqc� o ' a� 1 • 0- k6' 3 sve sroR Aw X90 A,?f /TO BE w Ex/ST. TAA . L A h e EXHIBIT B C m cn -0 0 cn IW cn z T ORDINANCE NO. 92-41 c a cn a 0 m -V w m r. SUBw cn >.> rn — ZONE 110 :1 cn t z 0 00 Z a cr 2 72 fo 3 2 m 0 0 (D c- o K to — w < cn 3 c: m to —1 0 Oto-rl = i� - D = — 1p (2 to m 0 0 m 0 ;5 0 'a cn 5 Pr-M C (D co N :3 0 cx co n 0 z cn a'3 o Om Q,cn (a o P ru M C F 0 0 t7 tJ O 0 C9 0 a 5-3 5- 2 2 CD Cn 5' m 0 x N o 6 s! M CD G rn IM C) ira cp -n w -0 cp ci CLJ -p-,-4 Wcil 0 Q Eh 15 — r— = Z Ll 40 U3 (n5 m 0 m CD fp CD CL a --IC3 (n r- 23 C 0 p IIS og g j W < L4 0 X* !R 5 ri7 fs w cn 2Q. . (m ca B, 37 m o O C CL 0 Q 0 0 c CA 57 c: 57 5- 00 m m ri C 0 cz 0 2: G3 ca ir ; :3 CL co CL c 3 -0 * CL CLw c- 0 C) -, o 9 '1L07 Tac ts 2 1-0 CD al >.0 z o � sw > -0 0 > fm >co 0 0 - 5- > 0 z o ca c" C) o > > m > 0> 5- ;a :e ;F - 'A * 0 to -4 cn 0 (n 0 W-4 0 jC pl-4 co 61 , 0,0 0 cl) a 0 In 53 N 0 20 m C 3 CD 01:: =r (o E 3 Src: 0ti. R 0 iA>0 W — :3 0 to EL CL 0 =0 G3 to 0 0 6 C, a z > -ra 0 ?L x r zlcm ;F ico 0 lem p len . s o 72 6 K c13 cr G. CL "n -0 0 0 0 C3 b 5" O iC Or cn S 0 cn a -< a to to 0 0 Q U CL = CL 0 0 to tr5: go 0 N'A 0 Q ai-F- 0 A mo 57 G%7 CL Z 0 M — M goo -4 m m cn -i cn c) w 0. 11 9 CL 3 C. 3 EL 3 a 3 0 to c z a 0 l(o 3 3 to 3 1.:, Ir) C.1— 0 CL CL I CL 0 cr m m(n cn R of A ORDINANCE NO. _, SUB 7489 , ZONE 110 FOR FISCAL YEAR JULY, 1993 THROUGH JUNE 30, 1994 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 1 1 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 Det. 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 $ 200 37 Community Facilities $ 400 (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 & Mob iie S300 Home Parks 45 Theaters $ 300 46 Drive-In Restaurants S200 47 Restaurants (not drive-in) $ 200 48 Multiple & Commercial $ 200 49 New Car Agencies S 200 50 Vacant Land ( not part of S 50 ind. park or P. & D.) 51 Industrial Park $ 400 52 Research & Development S200 53 Light Industrial $ 200 54 Heavy Industrial S 200 55 Mini Warehouses (public Storage) S300 56 Misc. Improvements S 200 61 Rural, Res. Improvement 1A-10A S 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 S 200 75 Fraternal & Service Organizations $ 200 76 Retirement Housing Complex $ 300 78 Parks & Playgrounds S 400 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 _" Contra TO: BOARD OF SUPERVISORS -� �-,;. Costa FROM: HARVEY E. BRAGDON ; County DIRECTOR OF COMMUNITY DEVELOPMENT �''� •oaf DATE: May 27, 1992 �ovK`r'i SUBJECT: Establishment of a Special Tax Area, County Service Area P-6, Zone 111 Police Services for Subdivision 7163 (Claremont Bay) , fronting approximately 160 feet on the North Side of W. Cypress Road, approximately 1,200 feet East of Rose Avenue, in the Oakley Area. (Parcel Nos. 035-730-001 through 035-730-050) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution creating a county service area -.-and authorizing an election. 2 . Adopt the Ordinance establishing a fee for a Police Service District for Subdivision 7163 (Claremont Bay) : 3 . Direct the County Clerk to conduct the election required. by Government Code Section 52978 . This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Subdivision 7163 , Development Plan 3024-88 and 2801-RZ,. which rezones seven acres from Single Family Residential-Medium Density (R-10) to Planned Unit District (P-1) , was adopted by the Board of Supervisors on January 24 , 1989 . A maximum of 52 units will be built. Condition #8 of Subdivision 7163 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 is $100 per lot. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME A ION OF -15ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 99 APPROVED AS RECOMMENDED X OTHER VOTE OF. SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 1C 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 a / cc: County Counsel PH BATCHELOR, CLERK OF Sheriff-Coroner - Admn. Comm. Svc. TH BOARD OF SUPERVISORS County Clerk - Elections AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 2, 1992 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County ) RESOLUTION NO. 92/356 Service Area P-6 Zone ) (Gov. C. 25210.8 & 1 1 1 (SUB 7163) ) 54900 ff.) in the Oakley Area and ) and Authorizing a ) Special Tax Election in ) Said Zone. ) This Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1 . That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zone 111 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. 92-42 adopted this date is to be presented for approval of the voters of Zone 1 1 1 of County Service Area No. P-6 by a August 4, 1992 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 92-42 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 111 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 Orig. Dept: Community Development an action taken and entered on the minutes of the cc: Community Development Board of supervisors on the date shown. County Counsel ATTESTED: Sheriff-Coroner - Adm. Comm. Svc. PHIL BATCOELOR,Clerk of tho Hoard of Supervisors and County Administrator County Clerk - Elections Auditor-Controller G( Assessor By Deputy RESOLUTION NO. 92/356 EXHIBIT A SUB 7163, ZONE 111 RESOLUTION 92/356 A PORTION OF THE NORTHEAST 1/4 MERIDIAN OF SECTION 25 TOWNSHIP 2 NORTH; RANGE 2 EAST MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALSO BEING LOT "D" OF BOOK 30 OF PARCEL MAPS AT PAGE 32, AS RECORDED OCTOBER 16, 1975 CONTRA COSTA COUNTY RECORDS. CONTAINING AN AREA OF 6.45 ACRES MORE OR LESS. I EXHIBIT A SUB 7163, ZONE lij resolution no. 52/356 S a 41 420.09' ,41 }-- � AAvrA=6.45AC.t 41, N89036'26"W h 307.39' � NI 40 ef 225.50' CYPI; 55s ROAD N39'36'?6` ,V so.0i' BEL.EECC I & ASSOCIATES Revisions By Date CIVIL ENGINEERING SURVEYING 2552 STANWELL DR. SUITE 201 CONCORD CA 94520 1415}685-4569 SCALE: In m E001 FILE NO.: 89147 DATE: P513, 1990 SHEET y OF y ORDINANCE NO. 92-42 (An Ordinance of the Board of Supervisors of Contra Costa County) Auth izing a Special .Tax for Police Protection Services in Zone � 1 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 111 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 Coritra Costa County. For the purposes of this Ordinance, • parcel does not include any land or improvements outside the boundaries of Zone 111 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 111 (hereinafter called "Zone" ) means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4 . "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes . A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5 . "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area ( 1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or -1- ORDINANCE NO. 92-42 computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6 . "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III lA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III . AMOUNT AND LEVEL OF TAXES 1 . The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per Tear for the first fiscal year (July 1, 1993 through June 30, 194 ) 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. 9Z-42 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 roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which. the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, . corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of' this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3 . Costs of Administration by County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes . ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI . EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held August 4, 1992 so that taxes shall first be- collected hereunder for the tax year beginning July 1, 1993 -3- ORDINANCE NO. 92-42 PASSED AND- ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on June 2, 1992 by the following vote: AYES: SUPERVISORS POWERS, FAHDEN, SCHRODER, TORLAKSON AND MCPEAK NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy UBoard Chair VJW:df df4ivjw\ord\csap6 -4- ORDINANCE NO. 92-42 EXHIBIT A SUB 7163, ZONE 111 ORDINANCE NO. 92-42 A PORTION OF THE NORTHEAST 1/4 OF SECTION 25 TOWNSHIP 2 NORTH; RANGE 2 EAST MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALSO BEING LOT "D" OF BOOK 30 OF PARCEL MAPS AT PAGE 32, AS RECORDED OCTOBER 16, 1975 CONTRA COSTA COUNTY RECORDS. CONTAINING AN AREA OF 6.45 ACRES MORE OR LESS. EXHIBIT A SUB 7163, ZONE 111 , ORDINANCE NO. 92-42 C/ I t r AAM=6.45AC.t A/89°3b'Zb t'A/ h 307.39J NI e'2550Y J1 6: 5 11j89'3b'e?b""it' 3'0.0/' BELLECC I & ASSOC ! ATESRevisions 8 Date CIVIL ENGINEERING SURVEYING 2552 STANWELL DR. SUITE 201 rl CONCORD CA 84520 44153685-4569 SCALE: in = Zp©l FILE NO.: 8914,7 DATE: r5130 1990 SHEET OF Y EXHIBIT B T C w Ln " m 7a > ORDINANCE N0. 92-42 N o n ° n �_ a °p cn o m SUB 7163 , ZONE 111 a o _ to -a z 0 s ° 0) Zv < _ <a 3� -vp ON � w01 -n NmN �^m ^"- < -• < , o3ano tHo nsL= roctnO C aw < 05oo wcto ? mw � O 72 m 3 L4 Cw H -rOO Oo fm Dm w m P 3m M aa03 OZQwn C - m tn1 6 4 G• C m N qy :° m O O N 3 in O 3 > .. O- O C Q c 4 O CPO 2 - OC L.' .;�. tv 2 N o O . w - c =° C� 2 n n ? O CDx -ri N H rn N w N C7 © O r w O m G. m ay {ri < < H m m H O m CTI m Ili cn cn pica m W4ry ON 4 O_ s n w c 4 0. ° so 3 to O O ti/ v O n 'n la N `0 . O � b O w w vj C5 Sa m O N 7C �j y a v' 0. ( a -.{^ •� -� +-.s, �, a O G fn 7 s j to O a 2! c�� tD Z1 m O < '•� '{(u'y� r�.y 47 Cn t� O O '� _ = G. W p Pj N O O O Z m O �• O = C ro 3 C C t^ w b n y "� In L Ct Ln y 3 3.' _ Cs = 50W CD CD in _ N di n• O •O_ j f0 7 p w O O :J'0 O jr Q w N v ' '° 4 N ¢+ m v 0.j - m ..r..- 7 7 C ti -, i; w . Q m 0 c w f0 } n C to C anti 3 v 5' C M— <m„ Com' 0 ° � � ni � ¢ N m m m O ivtt m m w c`= c c a - f. ria tci - c z — �' GO m H H � oa � = o � a m co m m`S 0° w N w 5 M °c y w p 5 g' :3 nm C. c _ 3 a ,5< < c a c c x CS — �-7 n � Q O - C] i." m a C , C I. to O C) G7 3 S 5 a) o - a , W _ c rer > 3 m�' c"* oafi•4°3a my, G7 ro m On > Q >N >v >. c°a Nm n TC wm m CD <snaCL cL Pr cpaN oc m Q 2 sm a m = o a Q m m ~ m >ID c ri > 3 w .o G3 to ° m C Q ~`+ � � oVi Q p m m a a RQ c _ m < 3 `xm v err c 3 w Z �3 p m + cm m = oCL � m m � ma � � w v m n w ° w -fp CL o ° ca zz x rl p p Ito � a ' 57 lab �J$ ?. m :F 3'. "' y� � cmi+ vmi G �" W -o N -o m vsK p W n 08 3 s G m rJ - m m Cid tO m 0. O W �-1 o - j 'fl +,� A O' 7 A oNi b 0 a m y c m - a �m oa m � :r tow o n a 0 6 > w ! tnc =- 3c+ z mlm� � `° m Q" 0 7� w 0 iv �c += to `" `9 0 _• o =_ N.lm ^� alm 31-4 �Im c 3 IN c 3 I} c 3 iW E. a.�1— C 2 y 0. n _ 3 `C* o of BY CL cr n d 2 o m �If = OC b rroj G` 0 cs ce ry ORDINANCE NO. 92-42 SUB 7163 ZONE 111 FOR FISCAL YEAR JULY 11 1993 THROUGH JUNE 30, 1994 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION- PER PARCEL 1 1 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 tam. 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 Det. 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 $ 200 37 Community Facilities $ 400 (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 S 200 -49 New Car Agencies S 200 50 Vacant Land ( not pail of $ 50 ind. park or P. & D.) 51 Industrial Park S 400 52 Research & Development $ 200 53 Light Industrial S 200 54 Heavy Industrial $ 200 55 Mini Warehouses (public Storage) S 300 56 Misc. Improvements S 200 61 Rural, Res. Improvement 1A-10A 5 100 62 Rural, w/or w/o Structure 1 A-1 OA $ 100 70 Convalescent Hospitals/ $ 200 Rest Homes 73 Hospitals $'200 74 Cemeteries/Mortuaries S 200 75 Fraternal & Service Organizations $ 200 76 Retirement Housing Complex $ 300 78 Parks & Playgrounds S 400 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 -_• TO: BOARD OF SUPERVISORS Contra Costa ta County FROM: HARVEY E. BRAGDONx,, DIRECTOR OF COMMUNITY DEVELOPMENT �z O•. - = Py DATE: May 27, 1992 9 �ouri`►`'� SUBJECT: Establishment of a Special Tax Area, County Service Area P-6, Zone 112 Police services for Subdivision 7164, fronting approximately 250 feet along the North Side of West Cypress Road, approximately 100 feet West of Oak Forest Avenue in the Oakley area. (Parcel Nos. 035-720-001 through 035-72.0-014) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution creating a county service area and authorizing an election. 2 . Adopt the Ordinance establishing a fee for a Poli-ce Service District for Subdivision 7164 . 3 . Direct the County Clerk to conduct the election�.'required-by Government Code Section 52978 . This election shal'l ' be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law.. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Subdivision 7164 was approved by the East County Regional Planning Commission on November 14 , 1988 . No change in current zoning, Single Family Residential-High Density (R-6) , is required. A maximum of 14 units will be built on 3 . 42 acres. Condition #12 of Subdivision 7164 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 resident al. use of the site. The initial assessment is $100 per lot. CONTINUED ON ATTACHMENT: X YES SIGNATUR RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ION Ojo rRD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON .2 , APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY :THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED a cc: County Counsel PHI BATCHE OR, CLERK OF Sheriff-Coroner - Admn. Comm. Svc. THE OARD OF SUPERVISORS County Clerk - Elections AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 2, 1992 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN:None SUBJECT: Creating County ) RESOLUTION NO. 92/357 Service Area P-6 Zone ) (Gov. C. 25210.8 & 112 (SUB 7164) ) 54900 ff.) in the Oakley Area and ) and Authorizing a ) Special Tax Election in ) Said Zone. ) This Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1 . That portion of Contra Costa County Service Area P-6 described in Attached Exhibit "A" is established as Zone 112 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. 92-43 adopted this date is to be presented for approval of the voters of Zone 112 of County Service Area No. P-6 by a August 4, 1992 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 92-43 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 112 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 Orig. Dept: Community Development an action taken and entered on the minutes of the cc: Community Development Board of Supervisors on the date shown. County Counsel ATTESTED: 1 2. / `l 9 x Sheriff-Coroner - Adm. Comm. Svc. PHIL BATC AOR,Clerk of the Board County Clerk - Elections of Supervisorl and County Administrator Auditor-Controller Assessor ,Deputy RESOLUTION NO. 92/357 EXHIBIT A SUB 7164, ZONE 112 RESOLUTION 92/357 LOTS 1 THROUGH 14 IN SUBDIVISION 7164 OF MAP BOOK 350, PAGE 17 AS c RECORDED JULY 24, 1990 CONTRA COSTA COUNTY RECORDS. CONTAINING AN AREA OF 1. 56 ACRES, MORE OR LESS. EXHIBIT AZGNE ill �Ug .1Ig4, 921357 KESg1.�1TI0ti N0. T 70 54 rvt.a. 350 -17 1991 ROLL - TR' ` A 03 ti p1w y t' 17th 'L�� �,aS •3i� , 9�G�-N"R•� N1SN � ��• Fr �� r•)i• 4 t N Wt 720 15' Z4 Q3 s 9 o, Z Z /0 0 r7t ,g 13345- }�••�,i ` y��`,.4Q 1; 3s 11i! - pEVON 03' COURT :n r5rr .. o' rS a: ►tt, zr.ea t' 12 14 /3 �� P O A D WEST __---- �Y PRF SC - ORDINANCE NO. 92-43 (An ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 112 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 112 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 Sectio.n 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 112 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 112 (hereinafter called "Zone" ) means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4 . "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes . A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area ( 1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics . If the Consumer Price index is discontinued or revised, such other government index or -1- ORDINANCE NO. 92-43 i • i i I i 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. I 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 Iin 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, 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 yearlsubsequent 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. I 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 : I Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current = For First I X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index for First Fiscal Year of Levy ) i 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. 92-43 I I i i - i 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 propertyitaxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with. this Ordinance, lthe 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, lthe 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 thistaxshall be deducted from the collected taxes. i ARTICLE V. SEVERABILITY CLAUSE If any article, section, sub Isection, 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, isubsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. • I ARTICLE VI . EFFECTIVE DATE. I 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 August 4, 1992 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1993 I i -3- ORDINANCE NO. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, onjlme 2, 1992 by the following vote: AYES: SUPERVISORS POWERS, FAHDEN, SCHRODER, TORLAKSON AND MCPEAK NOES: NONE ABSENT: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair VJW:df df4tvjw\ord\csap6 -4- ORDINANCE NO. 92-43 EXHIBIT A SUB 7164, ZONE 112 ORDINANCE 92-43 LOTS 1 THROUGH 14 IN SUBDIVISION 7164 OF MAP BOOK 350, PAGE 17 AS RECORDED JULY 24, 1990 CONTRA COSTA COUNTY RECORDS. CONTAINING AN AREA OF 1. 56 ACRES, MORE OR LESS. �XNIgrS A ZDNE 112 51JB �164F ND. 92.,43 OKDIivAN�_ .�. 7 i 6 4 M.g. 350 -17 T R A C 1 1991 ROLL n^ 7 03 01 d 24 4 t 720 J14 4pe� •,., �� 4 s t; cr to ;. !►" Z4 18 334` y v ..1 ¢t r i 7 y 6 a1'o, J 05 ve t 07 .► 'O- 1.)9� h ur t; d-A 10 . 09 C> ` t t `/ a 334: y K.Q 5,54 r 'Q4 ' R 7+' .n lot j J CO HCl il.r4 5� 12 � 1 7 14 � s , a .9 ROAD 5T WE CY PRESS z r= EXHIBIT B T _ V C N m M ORDINANCE NO. 92-43 r_ V rn d - 0 0 a o � ? c m A m a S n 0 — n SUB 71�[► , ZONE _119 a '° Y d N >.> cn Q ^ m Zo cn � � 7 0) N� C > >. N O � N � lo) 100, 6tto ... 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ID o E , m J < 3 c m O O Y a M0 a W n O O m 01 T T Cn O _ > 7 0 H — N = v m n.'a7 j 3 !a 3 n N 0 O O; a V y O r5 m .� w H m Y a 3 s v' n A O N �o C C cn C cn cn 2 ci v+ o cn = O C 0 m O) V a m n 0 j N o J O O n n N f, a ,m m d O a cn C S C Q _ d f < a C — C 8 — N m m m � 03 � o � g = o ' c0 = o ° ^ m m ewe w 2 f° O CIOm a c c 3 = umi f �' p a a c CL en m O oa.c: ° _ Amo c — 0 Y o' mQ � � � m v ooh . oo � Ln ola Q a oP ca'.� oma ° N > 3 � o m C a j O y 4v w `C Q C v� m Q O 7 C 7 O Cf F 'O O m N c D 1D 3 'o m < 4 d a �' CL p > > c o < Y m AAO — > 5 m m m o m m O o Q Y c m mam m n a m G C m y m Y s it m >m D � f D a D >cm .mY.. tme F O -C O i '- m c � _� C7" O C 7 an d O 3 .�. m m 0 Oi o C Cn 0 0� .c � F A a �.c °' m a 3 F 0 m w CL 0 O " Y 3 Y O. w c < Y C Z L m -. x m ^C z p Y_ S S 0 o Q eZD © O G� 6�i G�J� a C (.7 N O 72 ,69 co > w m Q m A A Q d 0 H m d A m G O A Q — Y N m cn ° o Y = r 1° m �e m c c m ° o m 3 ma m- c>co (5 > -3 '� CL cr m m a m m ap m a y Y C cn 7 0^ n a Y V 0 f0 O m 3 w m m Mo m o. 3 -< • p C 2 m .. �� y n3 n3 > > g N C.) v a+ m o n 0 7 N a d a` c 6 c n 3 n 3 c O �, a _ _ c I� n n Im Y 3 I� a Irn �, 3 CL crIcn w 3 I� 3 Iw =IN n I-- O z o •� H a m fn u m o �, m cnO C. c c c o n m r c ORDINANCE NO. 92-43 , SUB 7164 , ZONE 112 FOR FISCAL YFAR JULY T,--3993 THROUGH JUNE 30, 1994 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 Det. 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 $ 200 37 Community Facilities $ 400 (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 S 200 50 Vacant Land ( not part of $ 50 ind. park or P. & D.) 51 Industrial Park S400 52 Research & Development S200 53 Light Industrial S200 54 Heavy Industrial S 200 55 Mini Warehouses (public Storage) S 300 56 Misc. Improvements S200 61 Rural, Res. Improvement 1A-10A S 100 62 Rural, w/or w/o Structure 1 A-1 OA $ 100 70 Convalescent Hospitals/ $ 200 Rest Homes 73 Hospitals S 200 74 Cemeteries/Mortuaries S 200 75 Fraternal & Service Organizations $ 200 76 Retirement Housing Complex $ 300 78 Parks & Playgrounds S 400 85 Public & Private Parking $ 240 87 Common Area $ 200 88 'Mobile Homes $ 100 89 Other (split parcels in different $ 100 tax code areas) 99 Awaiting Assignment $ 100