HomeMy WebLinkAboutORDINANCES - 07111989 - 89-44 T.5
'THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
July 11, 1989 b the following vote:
Adopted this Order on _�_,_— , , y 9
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Authorizing a special tax election in Contra Costa
County Police Services Area No. P-7-200 (SUB 7021 ,
West .P ttsb rxg Area)
This Board recognizes the need for increased police protection
services in the above subject area 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 Ordinance No.89-44 adopted this date is to be
presented for approval of the voters of Contra Costa County
Police Services Area No. P-7-200 by a September 5 , 1989 mail
ballot election according to the following ballot proposi-
tion:
"Shall Ordinance No. 89-44 of the Board of Supervisors
of Contra Costa County be approved so as to authorize a
special tax on property located in Contra Costa Police
Services Area No. P-7-200 to maintain the present level
of police protection service and provide additional
funding for increased police protection service?"
2. 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.
1 hereby oWty that this Is a true and wrod Copy of
AB/aa an sawn taken and enftmd on the mhwtaa of the
Board Of SuperWson taw dab drown.
11 ,
BD/7021.RES PHIL' HELOt.aeAcWkI��
of tike Board
cc: Community Development ftfjbjpeftandOwinvAdmindado►
County Counsel 1
County Clerk-Elections
By .Daouty
County Sheriff-Coroner
County Administrator
Auditor-Controller
ORDINANCE NO. 89-44
(An Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in
Contra Costa County Police Services Area No. P-7-200
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 Contra Costa County Police Services Area No.
P-7-200 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 collec-
tion and administration of this tax (Article IV of this Ordi-
nance) , 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.
2
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 Contra Costa
County Police Services Area No. P-7-200 nor any land or improve-
ments owned by any governmental entity.
2. "Fiscal year" means the period of July 1 through the
following June 30.
3. "Contra Costa County Police Services Area No. P-7-200
(Hereinafter called "Area" ) means that portion of the unincorpor-
ated area of Contra Costa County located within the Area' 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 changed so that the base year differs from 1982-84=100, then
the Consumer Price Index shall be converted in accordance with
the conversion factor 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 computa-
tion 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.
3
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 IA 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 Area 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 ,
1990 through June 30, 1991 ) shall be the Amount of Tax Per Parcel
for a Property Use Code Category as set forth on Exhibit C
incorporated herein.
B. For SubsequentFiscal 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 area for the then current fiscal year as set forth
below.
4
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 amounts established for the
first fiscal year and in no event shall the increase in the tax
per parcel for any fiscal year over the immediately preceding
fiscal year exceed five percent ( 5%) .
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.
2. Collection.
5
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 regard-
ing 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 Area 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.
6
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its
confirmation by two-thirds of the voters voting within the Area
in an election to be held September 5, 1989 so that taxes shall
first be collected hereunder for the tax year beginning July 1 ,
1990.
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on
July 11, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN:None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and
County Administrator
By
a%ore.
Deputy Chairman
AB/aa
BD/7021.RES
7
EXHIBIT "A"
Portion of the Northwest 114 of Projected Section 13, Township 2 North, Range 1
West, Mount Diablo Base and Meridian, and a portion of The Rancho Los Medanos,
described as follows: .
Beginning on the most northern line of the parcel of land described in the deed
to Salvatore Enea, et ux, recorded November 21, 1951, in Book 1654 of Official
Records, at page 527, at the east line of the parcel of land described in the
deed to Salvatore Enea, et ux, recorded November 27, 1946 in Book 964 of
Official Records,. at page 373; thence from said point of beginning along the
exterior lines of said first mentioned Enea parcel (1854 OR 527) , as follows,
east 50 feet, south 00 40' east, 489.46 feet, west 267 feet and north 00 40,
west, 87.96 feet to the south line of said second mentioned Enea parcel (964 OR
373) ; thence along the west and north lines of said parcel (964 OR 373) north 00
40' west 401.50 feet and east 217 feet to the point of beginning.
EXCEPTING THEREFROM:
1- That portion thereof granted to Russell G. Comstock, et ux, by deed recorded
August 2, 1973, in Book 7012 of Official Records, Page 281.
2- That portion thereof conveyed to Contra Costa County, by deed recorded June
18, 1973, in Book 6973 of Official Records, Page 756.
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. I
FOR FISCAL YEAR JULY 1, 1989 throught JUNE 309 1990
EXHIBIT C
PROPERTY USE ANNUAL TAX
CODE CATEGORY CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence - $ 100
1 res., 1 site
12 Single Family Residence - $ 100
1 res., 2 or more sites
13 Single Family Residence - $ 100
2 res. on 1 or more sites
14 Single Family Residence- $ 100
other than single fam. 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 PUDs: $ 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
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 $ 300
46 Drive-In Restaurants $ 200
47 Restaurants (not drive-in) $ 200
48 Multiple & Commercial $ 200
49 New Car Agencies $ 200
50 Vacant Land ( not part of $ 50
ind. park or P. & D.)
51 Industrial Park $ 400
52 Research & Development $ 200
53 Light Industrial 1$ 200
54 Heavy Industrial $ 200
55 Mini Warehouses (public Storage) $ 300
56 Misc. Improvements $ 200
61 Rural, Res. Improvement 1A-10A $ 100
62 Rural, w/or w/o Structure 1 A-1 OA $ 100
70 Convalescent Hospitals/ $ 200
Rest Homes
73 Hospitals $ 200
74 Cemeteries/Mortuaries $ 200
75 Fraternal & Service Organizations $ 200
76 Retirement Housing Complex $ 300
. 78 Parks & Playgrounds $ 400
.t, $ 200
88 Public & Private Parking
87 Common Area $ 200
88 Mobile Homes $ 100
89 Other (split parcels in different $ 100
tax code areas)
gg Awaiting Assignment $ 100
;THE BOARD OF SUPERVISORS OF CONTRA CONSTA COUNTY, STATE OF CALIFORNIA /
In the Matter of the Confirmation
of a Statement of Expenses in the RESOLUTION NO. 89/493
Abatement of 1642 1st St.
Richmond, CA
APN#: 409-060-001-retired to 409-060-029/30
The Board of Supervisors of the County of Contra Costa
does resolve as follows:
THAT this Board by Resolution No. 89/55 dated the 24th
day of January, 1989, declared the Patricia Williams,Mary Frisby,
and Lena Parker property, located at 1642 1st St. , Richmond, CA,
a public nuisance and directed the owners to either reconstruct and
repair or have the improvements on said property demolished, and
THAT within the time stated in the above resolution, trhe
owners did not either repair or demolish the structure, and
pursuant to the Health and Safety Codes of the State of California,
Uniform Building Code Section 203 (1985 Edition) and/or Uniform
Housing Code Section 1001 (1979 Edition) and Subchapter 1 of
Chapter 1 of Title 25 of the California Administrative Code, the
Building Inspector of the County caused said structure to be
demolished after notice to the owners thereof, and
THAT the Building Inspector has presented to this Board
a statement of expenses of the cost of the demolition of said
structure which has been posted on the property and notice thereof
mailed to the owners of record according to law, and
That at the June 27, 1989 hearing on the statement of
expenses, Mary Frisby, 2887 Maricopa, Richmond, appeared and advised
the Board that she had been noticed on this hearing, but that she was
the owner of the lot next door to 1642 1st Street, and that she was
the sister of Patricia Williams, owner of 1642 1st Street. The Board
continued the hearing to July 11, 1989 at 11:00 a.m. to provide Ms.
Frisby the opportunity to meet with staff and resolve the confusion
with respect to title to the property, and
That at the continued hearing on July 11, 1989, Mary Frisby
appeared before the Board and indicated that she had no objection to
the Statement of Expenses for abatement of property located at 1642
1st Street, Richmond, and expressed her appreciation to Mr. Martindale
of the Building Inspection Department, and to the Board for their
assistance, and
That there were no protests submitted to this Board at the
hearing on said statement of expenses on June 27, 1989, nor at the
continued hearing on July 11, 1989, this Board hereby confirms the
statement of expenses submitted by the Building Inspection Department
in the amount of $3,312.00, which amount, if not paid within five ( 5)
days after the date of this resolution, shall constitute a lien on the
real property upon which the structure was demolished, which lien
shall continue until the amount thereof and interest at the rate of
seven (7) percent per annum thereon is fully paid, and
THAT in the event of nonpayment, the Clerk of this Board
is hereby directed within sixty (60) days after the date of this
resolution to cause to be filed in the office of the County
Recorder a notice of lien, substantially in conformance with the
notice as required by Section 70 of Title 25 of the California
Administrative Code.
PASSED AND ADOPTED this 11th day of July, 1989, by the
following vote of the Board:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson
NOES: None
ARCEP!T: None
ABSTAIN: None I hereby o9nRy that thI8 b a mus and C' K Cour.of
an action rakes+ and emend an ft m a ft of the
Board a SuW t an u»daft.iwwn
ATTESTED:
PHIL BAT ELo CI"of the Board
of sr,ver ,and County Adadniatrator
By owuty
cc: Distribution via
Buildino Inspection
RESOLUTION NO. 89/493