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HomeMy WebLinkAboutMINUTES - 02081994 - H.2 • �,• Contra TO: BOARD OF SUPERVISORS Costa County FROM: HARVEY E. BRAGDON $ DIRECTOR OF COMMUNITY DEVELOPMENT oos�A` __= GAtiti4° DATE: February 8, 1994 �oUN r`t SUBJECT: Establishment of Zone 118 within County Service Area P-6 for Police Services for Subdivision 7775, Oakley Area (Parcel #037-150-013) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the resolution creating Zone 118 within County Service Area P-6 and authorizing an election. . 2 . Adopt the ordinance establishing a fee for a police services district for Subdivision 7775, County Service Area P-6, Zone 118 . 3 . Direct the County Clerk to conduct the election required by Government Code Section 54978 . 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 7775 was approved by the Zoning Administrator on November 9 , 1992 . The approval allowed the subdivision of one parcel into 46 residential lots. Condition of Approval #10 of the subdivision requires the applicant to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by the approval. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 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 OA THE DATE SHOWN. Contact:Rose Marie Pietras - 646-2091 Orig: Community Development Department ATTESTED g c1 9 cc: County Counsel PHIL BATCH OR, CLERK OF County Clerk - Elections., Bob Delevati. THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Assessor BY , DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 15, 1994 by the following vote: AYES: Supervisors Smith, .Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County ) RESOLUTION NO. 94/101 Service Area P-6 Zone 118 ) (Gov. C. 25210.8 & (SUB 7775 ) ) 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 118 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. 94-13 adopted this date is to be presented for approval of the voters of Zone 118 of County Service Area No. P-6 by a April 5, 1994 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 94-13 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 118 of County Service P-6 to maintain the present level of police protection service and provide additional funding for increased police protection service?" 4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot (Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. Orig. Dept:Community Development Ihereby certify that this isatrue and correct copy oj CC: an action taken and entered on the minutes of the Board of Superviso of the date shown. ATTES I M-- =- PHIL BATCHELOR G of the Board of Supervisors and Uunty Administrator By ,Deputy RESOLUTION NO. 94/101 EXiIBiT A SUB 7775 jnNE 118 RESOLUTION NO. 94,%101 EXHIBIT A LEGAL DESCRIPTION ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA , STATE OF CALIFORNIA , DESCRIBED AS FOLLOWS: A PORTION' OF THE SOUTHEAST 1./4 OF .THE SOUTHEAST 1/4 OF THE SOUTHWEST 1!/4 OF S-ECTI!ON! 2,3,,• TOW-N,SH•'IP 2 NORTH, RANGE 2 EAST, MOUNT D I ABLO BASE AND, MER ,D-I!AN, DESCRIBED AS FOLLOWS : BEGANNING' AT THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED,' FROM' GOMES ET AL TO 5726 SONOMA DRIVE ASSOCIATES 3, LP', RECORDEDi NOVEMBER: 13, 1992 IN BOOK 18024 OF OFFICIAL RECORDS AT PAGE 622`, SAID POINT BEING ON THE SOUTH SECTION LINE OF SAID SECTION 23, SOUTH 89°07 ' 10" EAST, 1984 . 70 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 23 ; THENCE FROM SAID POINT OF BEGINNING AROUND THE PERIMETER OF SAID PARCEL ( 18024 OR 622) THE FOLLOWING COURSES; NORTH 00'21 ' 27" EAST, 653. 75 FEET; SOUTH 88'57 ' 56" EAST , 661 . 82 FEET; SOUTH 00'07 ' 25" WEST, 444 . 20 FEET ; NORTH 89`07 ' 10" WEST, 100 . 00 FEET; SOUTH 00°07 ' 25" WEST , 207 . 80 FEET TO THE SOUTH LINE OF SAID SECTION 23; THENCE ALONG SAID SOUTH� L [N.E OF SAID SECTION 23 NORTH 89°07 ' 10" WEST, 564 . 47 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 9 . 46 ACRES . 92022- 1 . LGL CE -3-169- �F OF SIJv 7775 Z-NF 118 resolution No. 94;101 S 88'5756"E 661.82 N tl� 5725 SONOW DR]VE Irl ASSOCIATES 3 ( 1x3024 OR 522) (� N N N 89'07'10"W 100.00 00 0 OAKL6 rie N 89'07'10"W 564.47 ROAD L-Li S 89.07'10"E 1984.70 MAIN STREET L Q W W BELLECCI & ASSOCIATES, INC, DATE: 11 4 93 SCALE: 1"=200 FILE NO.: 92022PT1 ISHEET 1 OF 1 CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING EXHIBIT "B" PH. (510) 685-4569 _ 2290 DIAMOND BLVD., SUITE 100 CONCORD, CA. 94520 A.P.N. 037-150-013 ORDINANCE NO. 94-13 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 118 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 118 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 118 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 94-13 2 . "Fiscal year" means the period of July 1 through the following June 30. 3 . Contra Costa County Service Area P-6 Zone 118 (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 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, 1995 through June 30, 1996) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO. 94-13 B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current = For First X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index for First Fiscal Year of Levy) Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2 . The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez , and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. y4-13 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 April 5, 1994 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1995. -4- ORDINANCE NO. 94-13 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on February 8, 1994 by the following vote : AYES: SUPERVISORS Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: �^ L- Deputy B and Chair VJW:df df4:vjw\ord\csap6 r -5- ORDINANCE NO. V4-13 EXrIBiT A SUB 7775 Zone 118 Ordinance ado. . 94-13 EXHIBIT A LEGAL DESCRIPTION ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA , STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 2 NORTH, RANGE 2 EAST, MOUNT DIABLO BASE AND MERIDIAN , DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM GOMES ET ALTO 5726 SONOMA DRIVE ASSOCIATES 3, LP , RECORDED NOVEMBER 13, 1992 IN BOOK 18024 OF OFFICIAL RECORDS AT PAGE 622 , SAID POINT BEING ON THE SOUTH SECTION LINE OF SAID SECTION 23, SOUTH 89`07 ' 10" EAST, 1984 . 70 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 23; THENCE FROM SAID POINT OF BEGINNING AROUND THE PERIMETER OF SAID PARCEL ( 18024 OR 622) THE FOLLOWING COURSES ; NORTH 00° 21 ' 27" EAST, 653. 75 FEET ; SOUTH 88'57 ' 56' EAST , 661 . 82 FEET; SOUTH 00'07 ' 25" WEST, 444 . 20 FEET ; NORTH 89'07 ' 10" WEST, 100 . 00 FEET; SOUTH 00°07 ' 25" WEST, 207 . 80 FEET TO THE SOUTH LINE OF SAID SECTION 23 ; THENCE ALONG SAID SOUTH LINE OF SAID SECTION 23 NORTH 89`07 ' 10" WEST, 564 . 47 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 9 .46 ACRES . 92022- 1 . LGL If t Mr. i2rsi/u Ij EOr EXHIBIT A SUB7775 Zone 118 Ordinance. No. 94-13 S 88'5756"E 661.82 N 5725 SONOM4 DRIVE 3 A SSOCL4 T'E'S 3 t 18024 OR 622) o O N 89-07'10-W N o 100.00 O.B. ^o 00 OAKLEY.":• 269 N 89'07'10"W 564.47 ROAD s 89•07'1o'E 1984.70 MAIN STREET di Q LAJ W BELLECCI 8c ASSOCIATES, INC. DATE: 1114191 SCALE: 1"=200' FILE NO.: 92022PT1 ISHEET 1 OF 1 . CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING EXHIBIT „B„ PH. (510) 685-4569 2290' DIAMOND BLVD., SUITE 100 CONCORD, CA. 94520 A.P.N. 037-150-013 EXHIBIT B C ? a v g' ORDINANCE N0.7 q —�J = �' b p N m cn m m c 7 c o o Z c) z � c C nem va o Om �► SUB 7 77S, ZONE // 3 4 co b ^ a -= 1. 9��i = cn >. < C ° d Q o m 2 _ " z a :� rn -no cn a s N �� N N �� + C < m o A m N a ° to"a y ca a c s m S a m 4 3 Cw 05 ? vCL " m o m .,m yo m " ? 0 3 Y a c > m 3vy3 ;, � N a .. 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Improvements - 1 site $ 200 16 Misc. improvements - $ 200 2 or more sites 17 Vacant - 1 site $ 100 18 Vacant - 2 or more sites $ 100 19 Single Family Residence - $ 200 Det. w/common area 20 Vacant - Multiple $ 100 21 ' Duplex $ 200 22 Triplex $ 200 23 Fourplex $ 20 0 24 Combinations $ 200 25 Apartments (5 -12 units) $ 400 26 Apartments (13 - 24 units) $ 400 27 Apartments (25 - 59 units) $ 600 28 Apartments (60+ units) $ 800 29 Attached PUDs $ 200 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 100 31 Commercial Stores - $ 600 Not Supermarkets 32 Small Grocery Stores $ 600 (7-11, etc.) 33 Office Buildings $ 400 34 Medical, Dental $ 400 . 35 Service Stations, Car Wash $ 400 36 Garages $ 400 37 Community Facilities $ 800 (recreational, etc.) 38 Golf Courses $ 400 39 Bowling Alleys $ 400 40 Boat Harbors $ 400 - 41 Supermarkets $ 600 (not shopping centers) 42 Shopping Centers $ 800 43 Financial Buildings $ 400 (Ins., Title, Banks, S&L) 44 Motels, Hotels & Mobile $ 600 Home Parks 45 Theaters $ 600 46 Drive-In Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 Multiple & Commercial $ 400 49 New Car Agencies $ 400 50 Vacant Land (-not part of $ 100 ind. park or P. & D.) 51 Industrial Park $ 800 52 Research & Development $ 400 53 Light Industrial $ 400 54 Heavy Industrial $ 400 55 Mini Warehouses (public Storage) $ 600 56 Misc. Improvements $ 400 61 Rural, Res. Improvement 1 A-1 OA . $ 200 62 Rural, w/or w/o Structure 1A-10A $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 73 Hospitals $ 400 74 Cemeteries/Mortuaries $ 400 75 Fraternal & Service Organizations $ 400 76 Retirement Housing Complex $ 600 78 Parks & Playgrounds $ 800 85 Public & Private Parking $ 400 87 Common Area $ 400 88 Mobile Homes $ 200 89 Other (split parcels in different $ 200 tax code areas) 99 Awaiting Assignment $ 200 ' `'- Contra TO: BOARD OF SUPERVISORS Costa o County FROM: HARVEY E. BRAGDON a DIRECTOR OF COMMUNITY DEVELOPMENT ,' sT.•, ,Gp' DATE: January 19 , 1994 �oUxr'T SUBJECT: Establishment of Zone 700 within County Service Area P-6 for Police Services for Minor Subdivision 19-92, Byron Area (Parcel #011-070-011) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the resolution creating Zone 700 within County Service Area P-6 and authorizing an election. 2 . Adopt the ordinance establishing a fee for a police services district for Minor Subdivision 19-92 , County Service Area P-6, Zone 700. 3 . , Direct the County Clerk to conduct the. election required by Government Code Section 54978. 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 Minor Subdivision 19-92 was approved by the Zoning Administrator on October 11, 1993 . The approval allowed the subdivision of one parcel into two lots. Condition of Approval #4 of the subdivision requires the applicant to participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by the approval.. CONTINUED ON ATTACHMENT: YES SIGNAT E RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION PFrOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 1 ,9APPROVED 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. Contact:Delmar Tompkins - 64.6-2031 `yS Orig: Community Development Department ATTESTED cc: County Counsel PHIL BATCHELOR, CLERK OF County Clerk - Elections, Bob Delevati THE BOARD OF SUPERVISORS Auditor-Controller AND COUNTY ADMINISTRATOR Assessor BY fif DEPUTY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 8, 1994 , by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Creating County ) RESOLUTION NO. 94/100 Service Area P-6 Zone 700 ) (Gov. C. 25210.8 & (MS 19-92 ) ) 54900 ff.) in the Byron 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 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 Cleric 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. 94-12 adopted this date is to be presented for approval of the voters of Zone 700 of County Service Area No. P-6 by a April 5, 1994 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 94-12 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 700 of County Service P-6 to maintain the present level of police protection service and provide additional funding for increased police protection service?" 4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot (Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. Orig. Dept:Community Development ihereby certifythat this isatrue and correct copy u. CC: an action taken and entered on the minutes of the Board of Supervise on the date shown. ATTESrEo: � he aofSuup�is ed Admiinistro gr .Oepub RESOLUTION NO. 94/100 RESOLUTION #94/100 MS 19-92 Zone 700 S 0'59'30"W 21.00 P.0.B. N 89'16'09"W 30.00' BYRON HWY STATE HWY 4.% _ Lu b d. E. 1/4 COR. SEC. 33 56 N Fes- !•a- 5 1 N 3 DETAIL A N f 84.52 ACRES S 89.22'02"E 1185.51' 1"=200' 00 2 S 1'0926"W 2025.79' S 1'09'26"W 50.00' N 89'28'07"W 1300.23' S 8928'07"E 1300.28' N 89'16'09"W 1317. 19' S 89'16'09"E 1317.08' SEE DETAIL "A" ABOVE BYRON H 'STATE HWY 4 �- E. 1/4 COR. SEC. 33 T. 1 N., R. 3 E., M.D.B.M. W SCALE: 1"=1000' SCALE: 1"=Q BELLE C CI & ASSOCIATES INC. FILEE•NO ACAD 3 38 SHEET 1 OF10001 CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING PH. (510) 685-4569 MS 19-92 - .2290 DIAMOND BLVD.,_-SUITE _100_ CONCORD- CA. .9452-0. EXHIBIT B 92065PLT RESOLUTION •#94/100 MS 19-92 Zone 700 EXHIBIT A LEGAL DESCRIPTION> ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS, FOLLOWS': A PORTION OF THE SOUTHEAST QUARTER OF SECTION° 33, TOWNSHIP 1 NORTH, RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: PARCEL B OF SUBDIVISION MS 94-88 FILED JULY 3, 1989 IN BOOL; 140 OF PARCEL MAPS AT PAGE 47, CONTRA COSTA COUNTY RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL B ( 140 PM 47 ) , SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF BYRON HIGHWAY, A PUBLIC ROAD AND ALONG THE EAST-WEST MIDSECTION LINE OF SAID SECTION 33, SAID POINT OF BEGINNING BEARS NORTH 89°16109" WEST, 30 ..00• FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 33; THENCE FROM SAID POINT OF BEGINNING ALONG THE PERIMETER OF SAID PARCEL B ( 1.40 PM 47) THE FOLLOWING COURSES; SOUTH 0059130" WEST, 21 . 00 FEET; "NORTH 89016109" WEST, 1317 . 19 FEET; NORTH 89028107." WEST, 1300. 23 FEET; SOUTH 1°09 ' 26" WEST, 2.025 . 79 FEET; NORTH 89016129" WEST, 678 . 27 FEET; NORTH 34049104" WEST, 3332 . 56 FEET; SOUTH 89020150" EAST, 1004 . 25 FEET; SOUTH 34049104" EAST, 759. 62 FEET; SOUTH 89022102" EAST, 1185. 51 FEET; SOUTH 1009126" WEST, 50. 00 FEET; SOUTH 89028107" EAST, 1300 . 28 FEET; SOUTH 89016109" EAST, 1317 . 08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 84 . 52 ACRES MORE OR LESS 92065-2 .LGL „;,t' 12/20/93 6' MPS 4'. (,';�\;, MPS ., a: —r -F 31 c35 , EXP i31/F( �� GAS . ORDINANCE NO. 94-12 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 700 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 700 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 700 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 94-12 2 . "Fiscal year" means. the period of July 1 through the following June 30. 3 . Contra Costa County Service Area P-6 Zone 700 (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 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, 1995 through June 30, 1996) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO. 94-12 I B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current = For First X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index for First Fiscal Year of Levy) Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187 , and shall have the same effect as an ad valorem real property tax lien until fully paid. -3-_ ORDINANCE NO. 94-12 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 April 5, 1994 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1995. -4- ORDINANCE NO. 94-12 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on February 8, 1994 by the following vote : AYES: SUPERVISORS Smith, Bishop, McPeak, Torlakson and Powers NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy B and Chair VJW:df df4:vjw\ord\csap6 -5- ORDINANCE NO. 94-12 ORDINANCE #94-12 MS 19-92 Zone 700 S 0'59'30 W 2 1.00 P.0.B. N 89'16'09' W 30.00' BYRON HWY I STATE HWY 4 b d- E. 1/4 COR. SEC. 33 �� ��2• o N 2 LLI < 5 N 3 84.52 ACRES S 69.22'02'E 1185.51' DETAIL "9 c'0 ^ 1"=200' 00 to 2 S 1'09'26W 2025.79' S 1'0926'W 50.00' N 89728'070W 1300.23' S 89'28'07"E 1300.28' N 89'16'09'W 1317. 19' S 89'16'09"E 1317.08' SEE DETAIL "A" ABOVE Q.O.B. BYRON H TATE HWY 4 14- E. 1/4 COR. SEC. 33 T. 1 N., R. 3 E., M.D.B.M. 2 W SCALE: 1'=1000' SCALE:Q B ELLE C CI & ASSOCIATES INC. FILEE•NO ACAD 3 38 SHEET 1, OF1 I CIVIL ENGINEERING—PH 5N 0)PLANNING—LAND 8545SURVEYING MS 19-92 2290 DIAMOND BLVD., SUITE 100 CONCORD Ck- 94520 EXHIBIT B - 92065PLT ORDINANCE #94-12 MS 19-92 Zone 700 i EXHIBIT A LEGAL DESCRIPTION ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: PARCEL B OF SUBDIVISION MS 94-88 FILED JULY 3-, 1989 IN BOOK 140 OF PARCEL MAPS AT PAGE 47, CONTRA COSTA COUNTY RECORDS DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL B ( 140 PM 47 ) , SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF BYRON HIGHWAY, A PUBLIC ROAD AND ALONG THE EAST—WEST MIDSECTION LINE OF SAID SECTION 33, SAID POINT OF BEGINNING BEARS NORTH 89°16109" WEST, 30..00 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 33; THENCE FROM SAID POINT OF BEGINNING ALONG THE PERIMETER OF SAID PARCEL B ( 110 PM 47 ) THE FOLLOWING COURSES; SOUTH 0059130" WEST, 21 . 00 FEET; 'NORTH 89016109" WEST, 1317 . 19 FEET; NORTH 89028107". WEST, 1300.23 FEET; SOUTH 1009126" WEST, 2025. 79 FEET; NORTH 89016129" WEST, 678 .27 FEET; NORTH 34049104" WEST, 3332 . 56 FEET; SOUTH 89020150" EAST, 1004 . 25 FEET; SOUTH 34049104" EAST, 759 .62 FEET; SOUTH 89022102" EAST, 1185. 51 FEET; SOUTH 1009126" WEST, 50.00 FEET; SOUTH 89028107" EAST, 1300 . 28 FEET; SOUTH 89016109" EAST, 1317. 08 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 84. 52 ACRES MORE OR LESS 92065-2 .LGL t `' 12/20/93 �� V. MPS , e -�+ CE 31r'95 EXP i31/yc r i f Of cAL11 Os MM E*n—Brr zp w 5 VOW 2.ow z 0 4 m en V" 94-12 C fft Co 11 r- #A 00 m *NCE NO cn > co ORDI m w ;Z. CA ,on 700 ou z MINUR SUB 19-921 Z 0 0 .maca cn In n p pi CA 0 0 In (n :$w M cm Z c 5%c to 0 ON -n 1p C 3K zr 0 -C N3 tj ri cn in .9� w -c-q 0 C4" c cn 6 0 a p o !t ca con :3 C) cn to Cl C 0 0 CD E cp C.3 w zr , SO 570 P, cr n 0 a 5r tr 9 Ir 0 jr g — 05 0 r n. 2 Z..;� o a is 9.5 'o 0 LO a 9 , . 25.6 . c (A V 0 CA - 0 8 CL 0 C3 ,A p,9 W= 2 C: C: C: co E: Q. ffi Cm 5o B C a C: CD -4 0 V tr t. coo 0>o 0 PET CL A V 0 v 43 c . > 'C'.3 H e Opp -.,4 OS cm co 0 C) g c 'F2 V 15 E o , I FB e 5 0 E wo v ;— 03 — r v 0 CLcs coB FA 60 FA C. )K CD :p — MM t. P. z CL co (A — = a p cm CC3, -wo;? C -4 cr 0 0 c: go < fn FZ 5? '0 -0 CD 43 0 n 0 CL 17 CIE C.-C r C: m e Cl. cn CA c 0 z S 9.0-4 572 Q 0 07- rn — m Ex c) ( a to C: CL r (a, mo ICA 4Ai> o a (n IPA CL CI, :r) 11.215.1co 0-0 0 tu :3 C: - 3 ID CL co - ORDINANCE N0. _ MS 19-92 ZONE 7u0 FOR FISCAL YEAR JULY 1,,_-1995 , THROUGH JUNE 30, Jqq1; EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence - $ 200 1 res., 1 site 12 Single Family Residence - $ 200 1 res., 2 or more sites 13 Single Family Residence - $ 200 2 res. on 1 or more sites 14 Single Family Residence- $ 200 other than single fam. land 15 Misc. Improvements - 1 site $ 200 16 Misc. improvements - $ 200 2 or more sites 17 Vacant - 1 site $ 100 18 Vacant- 2 or more sites $ 100 19 Single Family Residence - $ 200 Det. w/common area 20 Vacant - Multiple $ 100 21 ' Duplex $ 200 22 Triplex $ 200 23 Fourplex $ 20 0 24 Combinations $ 200 25 Apartments (5 -12 units) $ 400 26 Apartments (13 - 24 units) $ 400 27 Apartments (25 - 59 units) $ 600 28 Apartments (60+ units) $ 800 29 Attached PUDs: $ 200 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 100 31 Commercial Stores - $ 600 Not Supermarkets 32 Small Grocery Stores $ 600 (7-11, etc.) 33 Office Buildings $ 400 34 Medical, Dental $ 400 35 Service Stations, Car Wash $ 400 36 Garages $ 404 37 Community Facilities $ 800 (recreational, etc.) 38 Golf Courses $ 400 39 Bowling Alleys $ 400 40 Boat Harbors $ 400 41 Supermarkets $ 600 (not shopping centers) 42 Shopping Centers $ 800 43 Financial Buildings $ 400 (Ins., Title, Banks, S&L) 44 Motels, Hotels & Mobile $ 600 Home Parks 45 Theaters $ 600 46 Drive-in Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 Multiple & Commercial $ 400 49 New Car Agencies $ 400 50 Vacant Land (-not part of $ 100 Ind. park or P. & D.) 51 Industrial Park $ 800 52 Research. & Development $ 400 53 Light Industrial $ 400 54 Heavy Industrial $ 400 55 Mini Warehouses (public Storage) $ 600 56 Misc. Improvements $ 400 61 Rural, Res. Improvement 1A-10A $ 200 62 Rural, w/or w/o Structure 1A-10A $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 73 Hospitals $ 400 74 Cemeteries/Mortuaries $ 400 75 Fraternal & Service Organizations $ 400 76 Retirement Housing Complex $ 600 78 Parks & Playgrounds $ 800 85 Public & Private Parking $ 400 87 Common Area $ 400- 88 Mobile Homes $ 200 89 Other (split parcels in different $ 200 tax code areas) 99 Awaiting Assignment $ 200