HomeMy WebLinkAboutMINUTES - 06271995 - SD4 • "� - Contra
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TO: BOARD. OF SUPERVISORS �; Costa
FROM: HARVEY E. BRAGDON bh , County
DIRECTOR 'OF COMMUNITY DEVELOPMENT
DATE: June 6, 1995
__UA GAti
SUBJECT: Establishment of Zone 1603 within County Service Area P-6 for Police
Services for Subdivision 7898, Alamo/Las Trampas Area (Parcel #193-070-
011 & -012
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the resolution creating Zone 1603 within County Service
Area P-6 and authorizing an election.
2 . Adopt the ordinance establishing a fee for a police services
district for Subdivision 7898 , County Service Area P-6, Zone
1603 .
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
Subdivision 7898 was approved by the Board of Supervisors . on
February 28, 1995 . The approval allowed the subdivision of one
parcel into 18 residential lots. Condition of Approval #12 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 SIGNA RE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON June 27, 1995 APPROVED AS RECOMMENDED x OTHER
IT IS BY THE BOARD ORDERED that Resolution No.. 95/250 and Ordinance
No. 95-40 are ADOPTED.
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.
Contact:Rose Marie Pietras - 646-2031
orig: Community Development Department ATTESTED June 27, 1995
cc: County Counsel PHIL BATCHELOR, CLERK OF
County Clerk - Elections, Bob Delevati THE BOARD OF SUPERVISORS
Auditor-Controller
Assessor_
COU ADMINISTRATOR
BY , DEPUTY
I
t
I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 27 , 1995 by the following vote:
AYES: Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SUBJECT: Creating County ) RESOLUTION NO. 95/250
Service Area P-6 Zone 1603 ) (Gov. C. 25210.8 &
(SUB 7898) in the Alamo/ ) 54900 ff.)
Las Trampas Area )
and Authorizing a )
Special Tax Election in )
Said Zone. )
This Board recognizes the need for increased police protection services in the above subject
zone and the difficulty of funding the current or an increased level of services by revenues
now available. Government Code Sections 50077 and 53978 establish procedures for voter
authorization of a special tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, .ORDERS AND DIRECTS:
1 . That portion of Contra Costa County Service Area P-6 described in Attached Exhibit
"A" is established as Zone 1603 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. 95-40 adopted this date is to be presented for approval of the
voters of Zone 1603 of County Service Area No. P-6 by a July 18, 1995 mail ballot
election according to the following ballot proposition:
"Shall Ordinance No. 95-40 of the Board of Supervisors of
Contra Costa County be approved so as to authorize a special
tax on property located in Zone 1603 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 Board of Su Isors on the date shown.
cc: County Counsel ATTESTED: a7r (`I`�,-
Count Clerk - Elections, Bob Delevati PHIL TCHELOR,Clerk of the Board
Y of uperviso and Cou ministrator
Auditor-Controller
Assessor
By +Deputy
RESOLUTION NO. 95/250
MAY-26-95 FRI 14730 DEBOLT CIViL- ENG - P . 02
SU3 7898-%ONC, 1603
RESOLUTION No. 95/250
,KBIT A
JXGAL DFSCRXPTXON
Annexation to Police Service District
Subdivision 7838
All that certain areal property situate in the unincorporated area of the
County of Coma Costa, State of California, described as follows:
Portion of Fart 2 of Tot "A" and portion of Lot "C", as shown on the Map of
Division Survey A. W. Stone Ranch, which Map was filed in the Office of the
Recorder of the County of Contra Costa, State of California, on March 9,
1892, in volume P. of Maps, at Page 141. described as follows:
Beginning at the most northerly corner of Parcel "C" as said parcel is shown
on that certain record of survey filed September 2, 1964 in Book 30 of Land
Surveyors Maps at Page 3; thence leaving said Point of Beginning along the
line common to parcels "B" & "C" as shown on said neap (30 LSM 3) South
33022'45" East, 243.06 feet, and North 56037'15" East, 46.00 feet; thence
along the line common to Parcels "A" and "C", South 33°22'45" East, 217.00
feet to the southerly line of said Parcel "C"; thence along said southerly line
of Parcel "C" and its westerly prolongation South 56037'15" west, 1,277.89
feet to the centerline of Miranda Avenue; thence along said centerline North
26149'16" 'West. 1.74.86 feet; thence leaving said centerline along the
southerly and easterly lines of the parcel of land deeded to Littorno in Book
9505 Official Records at Page 372, North 59018'22" East. 131.98 feet;
thence North. 38034'45" East, 91.55 feet; thence North 26054'15" West,
109.10 feet to a point on the southerly line of the parcel of land deeded to
Wirch in Book 11950 of Official Records at Page 169; thence along said
southerly line and its easterly prolongation North 47°35'45" East, 993.03
feet to said Point of Beginning.
Containing 9.82 acres of land, more or less.
Assessors Parcel Nos. 193-070-011 and 193-070-012
MAY-2G—"35 FR I 14 : Z1 DE80LT iC I V I L ENG . P . 03
SUB 7898
Zone lbuj
Resolution #95/250
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EXHIBIT 'B'
PLAT TO ACCOMPANY Date;
LEGAL DESCRIPTION DcBolt Civil ur f!r1w
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POLICE SERVICE DIST,
ORDINANCE NO. 95-40
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
1603 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 1603 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 1603 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
-1-
ORDINANCE NO. 95-40
2 . "Fiscal year" means the period of July 1 through the
following June 30.
3 . Contra Costa County Service Area P-6 Zone 1603 (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 1A 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, 1996
through June 30, 1997) 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. 95-40
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. 95-40
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 July 18 , 1995 so that taxes shall first be
collected hereunder for the tax year beginning July 1, 1996 .
-4-
ORDINANCE NO. 95-40
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on June
27, 1995 by the following vote:
AYES: SUPERVISORS Rogers , ,-Smith, DeSaulnier, Torlakson, and Bishop
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: OWM J A. .
D y oard Chair
VJW:df
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-5-
ORDINANCE NO. ,95-40- ___
MAY-2G-95 �R I 1 4 C Z50 DEBOLT C I V I L ENG . R . 02
SUS 7898-%ONC, 1603
ORDINANCE #95-40
EMUBIT A
LEGAL DESCRIPTION
Annexation to Police Service Distract
Subdivision 7898
All that certain real property situate in the unincorporated area of the
County of Contra Costa, State of California, described as follows:
Portion of Part 2 of Lot "A" and portion of Lot "C", as shown on the Map of
Division Survey A. W. Stone Ranch, which Map was sled in the Office of the
Recorder of the County of Contra Costa. State of California, on March 9,
1892, in Volume P. of Maps, at Page 1.41. described as follows;
Beginning at the most northerly corner of Parcel "C" as said parcel is shown
on that certain record of survey filed September 2, 1964 in Book 30 of Land
Surveyors Maps at Page 3; thence leaving said Point of Beginning along the
line common to Parcels "B" & "C" as shown on said map (30 LSM 3) South
331122'45" East, 243.06 feet, and North 56037'15" East. 46.00 feet; thence
along the line common to Parcels ",A" and "C", South 33122'45" East, 217.00
feet to the southerly line of said Parcel "C"; tbence along said southerly line
of Parcel "C" and its westerly prolongation south. 56037'15" West. 1,277.89
feet to the centerline of Miranda Avenue; thence along said centerline North
26049'16" West, 174.86 feet; thence leaving said centerline along the
southerly and easterly lines of the parcel of land deeded to Littorno in Book
9505 Official Records at Page 372, North 59118'22" East, 131.98 feet;
thence North. 38034'45" East. 91.55 feet; thence Noarth. 26°54'15" West,
109.10 feet to a point on the southerly line of the parcel of land deeded to
Wirch in Book 11950 of Official Records at Page 169; thence along said
southerly line and its easterly prolongation North 47113545" East, 993.03
feet to said Point of Beginning.
Containing 9.82 acres of land, more or less.
Assessors Parcel Nos. 193-070-011 and 193-070-012
rlA �'-26-95 FR I 14 : 31 DEEQLT '0 I V I L a"G . P . 03
SUB 7898
Zone 1603
Ordinance #95-40
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EXHIBIT 'B'
PLAT TO ACCOMPANY DCB01t Civil EtWri tilt4
LEGAL DESCRIPTION 1111 San Kaman%'*Ikv toukvard
TJrnville.Ca!lb P6 WU
POLICE SERVICE DIST. 415/W7,=: E*b No.;
SUBDIVISION 7898
Zone 1603 of Contra Costa County
Area No. P-6
Property Owner List
Delco Development
Attn: Mr. Doyle Heaton
2552 Stanwell Drive, Ste. 203
Concord, CA 94520
Parcel #193-070-011 & #193-070-012
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Page 1
omrvma No. 95-40 Sus 7898 ZONE 1603
FOR FISCAL YEAR JUL?-f, 19 9 SOUGH ,NNE 30, 1 97
EXHIBIT C
PROPERTY USE ANNUALTAX
CODEQATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 100
1 res.,1 site
12 Single Family Residence - $ 100
1res.,2 or more sites
13 Single Family Residence - $ 100
2 res.on 1 or more sites
14 Single Family Residence- $ 100
other than single tam. land
15 , Misc. Improvements-1 site $ 100
16 Misc.improvements- $ 100
2 or more sites
17 Vacant.-1 site $ 50
18 Vacant-2 or more sites $ 50
19 Single Family Residence - $ 100
Det.w/common area
20 Vacant= Multiple $ 50
21 Duplex $ 100
22 Triplex $ 100
23 Fourplex $ 100
24 Combinations $ 100
25 Apartments (5-12 units) $ 200
26. Apartments (13-24 units) $ 200
27 Apartments (25-59 units) $ 300
28 Apartments (60+units) $ 400
29 Attached PVDs: $ 100
Cluster Homes, Condos, etc.
30 Vacant - Commercial $ 50
31 Commercial Stores - $ 300
Not Supermarkets
32 Small Grocery Stores $ 300
(7-11, etc.)
33 Office Buildings $ 200
34 Medical, Dental $ 200
Page 2
35 Service Stations, Car Wash $ 200,
36 Garages $ 200
37 Community Facilities $ 400'
(recreational, etc.)
38 Golf Courses $ 200
39 Bowling Alleys $ 200
40 Boat Harbors $ 200
41 Supermarkets $ 300
(not shopping centers)
42 Shopping Centers $400
43 Financial Buildings $ 200
(ins.,Title, Banks, S&L)
44 Motels, Hotels & Mobile $ 300
Home Parks
45 Theaters S300
46 Drive-In Restaurants $ 200
47 Restaurants (not drive-in) $ 200
48 Multiple & Commercial S200
49 New Car Agencies S200
X50 Vacant Land(not part of S 50
ind.park or P.& D.)
51 Industrial Park S 400
52 Research & Development S200
53 Light Industrial S200
54 Heavy Industrial S 200
55 Mini Warehouses (public Storage) S300
56 Misc. Improvements S200
61 Rural, Res. Improvement 1A-10A S 100
62 Rural,w/or w/o Structure 1 A-10A S 100
70 Convalescent Hospitals/ $ 200
Rest Homes
73 Hospitals S 200
74 Cemeteries/Mortuaries S 200
75 Fraternal & Service Organizations S 200
76 Retirement Housing Complex 5 300
78 Parks & Playgrounds S 400
Page 3
85 Public & Private Parking $ 200
87 Common Area $ 200
88 Mobile Homes $ 100
89 Other(split parcels in different $ i00
tax code areas)
99 Awaiting Assignment $ 100