HomeMy WebLinkAboutMINUTES - 06181996 - SD1 L
Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: Harvey E. Bragdon, Director Community Development U;,
County
DATE: June 18, 1996
SUBJECT: Establishment of Zone 1502 within County Service Area P-6 for Police Services for Minor
Subdivision 19-93 in the Walnut Creek area(Parcel #184-161-016)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 1502 County Service Area P-6.
2. Adopt the Ordinance establishing a fee for a Police Service District for Minor Subdivision 19-93.
3. Direct the County Clerk to conduct the election required by Government Code 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 19-93 was approved for a two lot subdivision on November 8, 1993. Condition #4
required the developer to participate in the provision of funding to maintain and augment police services
by voting to approve a special tax for the parcel created by the subdivision.
CONTINUED ON ATTACHMENT: _YES SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION F BOARD
COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 18 , 19 9 6 APPROVED AS RECOMMENDED OTHER
IT IS BY THE BOARD ORDERED that recommendations 1, 2 , and 3 are APPROVED;
and Resolution No. 96/255 and Ordinance No. ' 96-12 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: Elizabeth Dunn, Comm. Dev. 335-1252
cc: Assessor ATTESTED June 18 , 1996
Auditor PHIL BATCHELOR, CLERK OF THE BOARD OF
County Clerk--Elec. Div. , B. Lee SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Sheriff- Coroner, Sgt. Julie Hayes
BYOjj-4, J , DEPUTY
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 18 , 1996 , by the following vote:
AYES: Supervisors Rogers , Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Creating County ) RESOLUTION NO. 96/255
Service Area P-6 Zone 1502 ) (Gov. C. 25210.8 &
(MS 19-93) - ) 54900 ff.)
in the Walnut Creek 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 1502 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. 96-9 adopted this date is to be presented for approval of the voters of
Zone 1502 of County Service Area No. P-6 by an August 13, 1996 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No. 96-9 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 1502 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 eeroby M*het this b•0"Md ttetaletea�r d
an aeon take and enWal an Mie tnMubs 7*10*
Orig. Dept: Comm. Dev., Elizabeth Dunn 335-1252 9oard of"Su oro on I atown.
IL
cc: County Counsel ATTESTED: ttwe19 L
Sheriff-Coroner, Sgt. Julie Hayes of oparsoroAd
County Clerk, Barbara Lee ay
Mw
Auditor- Controller
Assessor
RESOLUTION NO. 96/255
EXHIBIT A
RES. 961255 MS 19-93 ZONE 1502
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EMBIT A
RES. 96/255, MS 19-93, ZONE 1502
LOT 20 IN BLOCK "A", AS DESIGNATED ON THE MAP ENTITLED
"DEWING PARK EXTENSION, CONTRA COSTA COUNTY, CALIFORNIA",
FILED DECEMBER 20, 1916 IN VOLUME 15 OF MAPS, AT PAGE 314,
CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 20
(15 M 314); THENCE FROM SAID POINT OF BEGINNING SOUTH
30017145" EAST, 199.89 FEET; THENCE SOUTH 59°41'16" WEST, 99.99
FEET; THENCE NORTH 30°17'40" WEST, 199.95 FEET; THENCE NORTH
59'043'12"' EAST, 99.99 FEET TO THE POINT OF BEGINNING.
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APPROXHIAMY .46 ACRES
ORDINANCE NO. 96-9
(An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for
Police Protection Services in Zone 1502 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 1502 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 1502 of County Service Area P-6 nor any land or improvements owned by any governmental
entity.
-1-
ORDINANCE NO. 96-9
2. "Fiscal year" means the period of July 1 through the following June 30.
3. Contra Costa County Service Area P-6 Zone 1502 (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 I herein. The adjustment from actual to constant
dollars shall be made by use of the Consumer Price Index, as specified in Section III 113 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, 1997 through June 30, 1998) 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. 96-9
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 Yea[)
(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. 96-9
2. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property
taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent
with this Ordinance, the taxes are to be collected in the same manner in which the County collects
secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this
Ordinance, the times and procedure regarding exemptions, due dates, installment payments,
corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad
valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to
the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices
required for this tax, and 2)the homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value.
3. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and administering this tax shall
be deducted from the collected taxes.
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portion of this
Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of
this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of
the invalidity of any other article, section, subsection, sentence, phrase or clause.
ARTICLE VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters
voting within the Zone in an election to be held August 13, 1996. so that taxes shall first be collected
hereunder for the tax year beginning July 1, 1997.
-4-
ORDINANCE NO. 96-9
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of
Contra Costa, State of California, on June 18. 1996 by the following vote:
AYES: SUPERVISORS Rogers , Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT. None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By: 444
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-5-
ORDINANCE NO. 96-9
EXHIBIT
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EMBIT A
.. ORD. 96-9, MS 19-93, ZONE 1502
LOT 20 IN BLOCK "A", AS DESIGNATED ON THE MAP ENTITLED
"DEWING PARK EXTENSION, CONTRA COSTA COUNTY, CALIFORNIA",
FILED DECEMBER 20, 1916 IN VOLUME 15 OF MAPS, AT PAGE 314,
CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 20
(15 M 314); THENCE 'FROM SAID POINT OF BEGINNING SOUTH
30°17'45" EAST, 199.89 FEET; THENCE SOUTH 594 i'i 6" WEST, 99.99
FEET; THENCE NORTH 30°17'40" WEST, 199.95 FEET; THENCE NORTH
59°43'12" EAST, 99.99 FEET TO THE POINT OF BEGINNING.
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ORD., 96-9, ZONE 1502 1 of 3
For FISCAL YEAR July 1, 1997 through June 30, 1998
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
• 2of3
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
3of3
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 1 A-1 OA $ 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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