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
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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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
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Mr. i2rsi/u Ij
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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
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ORDINANCE NO.9'f-l3 SUB 7775 ZONE 119'
FOR FISCAL YEAR JULY 1THROUGH JUNE 30, 19�I6
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 $ 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
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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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 `'
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- 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