HomeMy WebLinkAboutMINUTES - 04041995 - H.3 • Contra
TO: BOARD- OF- SUPERVISORS nt— ' Costa
County
FROM: HARVEY E. BRAGDON
x. DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: April 4 , 1995
psTA'COUrI'fY'Cly
SUBJECT: Establishment of Zone 1500 within County Service Area P-6 'for. -Police
Services for Minor Subdivision 12-94 in the Walnut Creek Area (Parcel #184-303-
002)
SPECIFIC REQUEST (S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Adopt the Resolution authorizing an election for Zone 1500 in
County Service Area P-6 .
2 . Adopt the Ordinance establishing a fee for a Police Service
District for Minor Subdivision 12-94 .
3 . Direct the County Clerk to conduct the election required by
Government Code Section 53978 . 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 12-94 was approved by the Zoning Administrator on
February 13 , 1995 . The approval allowed the subdivision of one
parcel into two residential 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
Ot,,,,��
CONTINUED ON ATTACHMENT: X YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME IONOARD COMMITTEE
APPROVE OTHER JYJ
SIGNATURE (S) :
ACTION OF BOARD ON April 4 , 1995 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS -
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN. -
Orig: Community Development Department ATTESTED April 4 , 1995
CONTACT: Delmar Tompkins - 646-2031 PHIL BATCHELOR, CLERK OF
CC: County Counsel THE BOARD OF SUPERVISORS
County Clerk - Elections, Bob Delevati ;AND COUNTY ADMINISTRATOR
Auditor-Controller
Assessor
Sheriff-Coroner, Sgt . Julie Ryan BY a DEPUTY
- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 4., 1995 , by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBJECT: Creating County ) RESOLUTION NO. 95/115
Service Area P-6 Zone 1500) (Gov. C. 25210.8 &
(MS 12-94) ► 54900 ff.)
in the Walnut Creek Area and)
and Authorizing a )
Special Tax Election in ►
Said Zone. ►
1
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 Zone1500 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. 95-24 adopted this date is to be presented for approval of the
voters of Zone 1500 of County Service Area No. P-6 by a May 30th, 1995 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 95-24 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on
property located in Zone 1500 of County Service P-6 to maintain
the present level of police protection service and provide
additional funding for increased police protection service?"
4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct
the election required by this order. Said election shall be conducted by mailed ballot
(Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A
synopsis of the Ordinance may be used.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Orig. Dept: Community Development Department Board of Supe rs on toe date shown.
cc: County Counsel ATTESTED:
PHIL BATO IELOR,Clerk of the Board
County Clerk - Elections, Bob Delevati pCPupervis and Coup A ministrator
Auditor-Controller
Assessor _
By - - .Deputy
Sheriff-Coroner, Sgt. Julie Ryan
RESOLUTION NO. 95/115
EXHIBIT A
610621
DESCRIPTION
All that. certain real property situated in an Unincorporated Area, County of
Contra Costa, State of California, described as follows:
PARCEL ONE:
Portion of Lots 102 and 103, as designated on the map entitled "DewuV Park,
Saranap, Contra Costa County, Calif..", which map was filed in the office of
the Recorder of the County of Contra Costa, State of California, on
July 24, 1913, in Book 10 of Maps, at page 242, described as follows:
Beginning at a hub on the south line of Park Avenue, distant thereon South 620
32' West, 61 feet from the most northerly corner of said Lot 103, said point
of beginning being at the most westerly corner of the parcel of land described
in the deed from George L. Sole, et ux, to Vernon Lee Conway, et ux, dated
April 15, 1948 and recorded April 21, 1948, (File No. 15628) ; thence frau said
point of beginning South 610 32' West, along said South line, 119.14 feet to
the most westerly corner of the parcel of land described in the deed from
Irving T. White, et ux, to George L. Sole, et ux, dated August 1, 1946 and
recorded September 12, 1946 in Book 932 of Official Records, at page 419;
thence along the southwest line of said Sole parcel (932 OR 419) as follows:
South 31° 28' East, 65 feet to a hub; North 610 43' East, 35 feet to a hub and
South 310 28' East, 135' feet to a hub on the southeast line of said Lot 102;
thence North 610 32' East, along said southeast line and along the southeast
line of said Lot 103, 84.14 feet to a hub on the extension South 310 28' East
of the southwest line of said Conway Parcel (File No. 15628) ; thence North 310
28' West, along said extended line and along the southwest line of said Conway
Parcel, 200 feet to the`point of beginning.
PARCEL TWO, being the land described in the aforesaid agreement for sale of
real estate, as described as follows:
Real property situated in the Saranap district, County of Contra Costa, State
of California, and described as follows, to wit:
Ccnmiencing at a hub at the South-West corner of the parcel of land now-owned
and recorded to Benj. F. Harris & Florence L. Harris, his wife, as joint
tenants and being a portion of Lots #102 and #103 and extending North along
the South-West line of said Harris Parcel 310 28' West, 135 feet to a hub,
thence West 610 32' West 35 feet to a hub. Thence South 310 28' East 135
feet. Thence East along southeast line of Lot #102 610 32' East 35 feet to
point of beginning being a portion of Lot #102 together with improvements if
any thereon.
Assessors Parcel No. : 184-303-002
Parcel Area = 0.53 acres
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ORDINANCE NO. 95-24
\hn Ordinance of the Board of Supervisors of Contra Costa County)
'ithorizing a Special Tax for Police Protection Services in Zone
15`00 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 1500 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 1500 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 95-24
2 . "Fiscal year" means the period of July 1 through the
following June 30 .
3 . Contra Costa County Service Area P-6 Zone 1500 (hereinaf-
ter 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. 95-24
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. 95-24
2 . Collection.
The taxes on each parcel shall be billed on the secured roll
tax bills for ad valorem property taxes and shall be due the County
of Contra Costa. Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the taxes are to be collected in the same
manner in which the County collects secured roll ad valorem
property taxes . Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, refunds, late payments, penalties, liens, and collections
for secured roll ad valorem property taxes shall be applicable to
the collection of this tax. Notwithstanding anything to the
contrary in the foregoing, as to this tax: 1) the secured roll tax
bills shall be the only notices required for this tax, and 2) the
homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value .
3 . Costs of Administration by County.
The reasonable costs incurred by the County officers collect-
ing and administering this tax shall be deducted from the collected
taxes .
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of
clause of this Ordinance is for any reason held to be invalid, such
decision shall not effect the validity of the remaining portion of
this Ordinance . The voters of the Zone hereby declare that they
would have adopted the remainder of this Ordinance, including each
article, section, subsection, sentence phrase or clause, irrespec-
tive of the invalidity of any other article, section, subsection,
sentence, phrase or clause .
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Zone in
an election to be held May 30 , 1995 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 1995 .
-4-
ORDINANCE NO. 95-24
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
April 4 . 1995 by the following vote :
AYES : SUPERVISORS Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES : None
ABSENT: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: 4jv
DbjjiEBoard/Chair
VJW:df
dt:wpwin\ms\ms940012.por
-5-
ORDINANCE NO. 95-24
EXHIBIT A
610621
DESCRIPTION
All that certain real property situated in an Unincorporated Area, County of
Contra Costa, State of California, described as follows:
PARCEL ONE:
Portion of Lots 102 and 103, as designated on the map entitled "Dewuq Park,
Saranap, Contra Costa County, Calif.", which map was filed in the office of
the Recorder of the County of Contra Costa, State of California, on
July 24, 1913, in Book 10 of Maps, at page 242, described as follows:
Beginning at a hub on the south line of Park Avenue, distant thereon South 62-
32" West, 61 feet from the most northerly corner of said Lot 103, said point
of beginning being at the most westerly corner of the parcel of land described
in the deed from George L. Sole, et ux, to Vernon Lee Conway, et ux, dated
April 15, 1948 and recorded April 21, 1948, (File No. 15628) ; thence from said
point of beginning South 610 32' West, along said South line, 119.14 feet to
the most westerly corner of the parcel of land described in the deed from
Irving T. White, et ux, to George L. Sole, et ux, dated August 1, 1946 and
recorded September 12, 1946 in Book 932 of Official Records, at page 419;
thence along the southwest line of said Sole parcel (932 OR 419) as follows:
South 310 28' East, 65 feet to a hub; North 610 43' East, 35 feet to a hub and
South 310 28' Fast, 135 feet to a hub on the southeast line of said Lot 102;
thence North 610 32' East, along said southeast line and along the southeast
line of said Lot 103, 84.14 feet to a hub on the extension South 310 28' East
of the Southwest line of said Conway Parcel (File No. 15628) ; thence North 310
28' West, along said extended line and along the southwest line of said Conway
Parcel, 200 feet to the point of beginning.
PARCEL TWO, being the land described in the aforesaid agreement for sale of
real estate, as described as follows:
Real property situated in the Saranap district, County of Contra Costa, State
of California, and described as follows, to wit:
Cannencing at a hub at the South-West corner of the parcel of land now owned
and recorded to Benj. F. Harris & Florence L. Harris, his wife, as joint
tenants and being a portion of Lots #102 and #103 and extending North along
the South-West line of said Harris Parcel 310 28' West, 135 feet to a hub,
thence West 610 32' West 35 feet to a hub. Thence South 310 28' Fast 135
feet. Thence East along southeast line of Lot #102 610 32' East 35 feet to
point of beginning being a portion of Lot #102 together with improvements if
any thereon.
Assessors Parcel No. : 184-303-002
Parcel Area = 0.53 acres
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ORDINANCE NO. za
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ORDINANCE NO. 95-24, MINOR SUB 12-94, ZONE 1500
FOR FISCAL YEAR JULY 1, 1995, THROUGH JUNE 30, 1996
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 $ 200
24 Combinations $ 200
25 Apartments (5 -12 units) $ 400
26 Apartments (13 - 24 units) $ 400
27 Apartments (25 - 59 units) $ 600
1 of 3
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
2 of 3
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, Wor 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
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