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Home My WebLink AboutMINUTES - 07281992 - 1.8 (2) 1.76 through 1.80 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 28, 1992 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence 1.76 Letter dated July 2, 1992, from Patricia M. Grossgart, 3460 Sky Lane, Lafayette 94549, challenging a weed abatement assessment of$2,400 levied against her Property. ***REFERRED TO COUNTY ADMINISTRATOR 1.77 LETTER dated July 6, 1992, from Merlyn McIntyre, Chairman of the Government Affairs Committee, and John F. Imler, Director, Government Affairs, Travel Parks Association, P. O. Box 5648, Auburn, CA 95604, requesting the Board to urge Caltrans to adopt the Federal System of highway mileage markers and exit numbers. ***REFERRED TO THE TRANSPORTATION COMMITTEE 1.78 LETTER dated July 8, 1992, from Christy Dallimonti, 2871 Creston Road, Walnut Creek 94596, Commenting on the problems in her neighborhood which she believes are a result of the Morehouse Homeless Program. 'REFERRED TO COUNTY ADMINISTRATOR 1.79 LETTER dated July 12, 1992, from James and Elaine Slaughter, 1919 Cannon Place, Walnut Creek 94596, requesting that their names be withdrawn from the petition regarding the Morehouse shelter issue. **'`REFERRED TO COUNTY ADMINISTRATOR 1.80 LETTER dated July 22, 1992, from John Cooper, Acting Fire Chief, Moraga Fire District, transmitting a resolution adopted by the Moraga Fire Commission regarding a ballot measure increasing the maximum fire tax rate. THIS MATTER WAS CONSIDERED WITH AGENDA ITEM NO. 2.6. IT IS BY THE BOARD ORDERED that the actions on the items as referenced by (***) are APPROVED as listed. I HEREBY CERTIFY THAT THIS IS A TRUE A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: _July 28, 1992 Phil Batchelor,Clerk of the Board of Supervisors and County Administrator By <..D. iL-t7GL1' Deputy r. Cc: Correspondents County Administrator Director, Community Development Department Transportation Committee .TUU - 22 - 92 W eD 1 Z = 34 MPD P _ 0 1 M 0 Inaa Fire DiAnct ((128 Moraga Way, Moraga,CAS 94556 Ed Lucas Fire Chief (415) 376-5454 FAX MEMO [PAGE 1 OF 4 TO: Scott Tandy/Chief Assistant County Administrators Office Contra Costa County 651 Pine Street Martinez, CA 94553 Fax (510) 646-4098 FRAMs John Cooper/Acting Fire Chief MORAGA FIRE DISTRICT 1280 Moraga way Moraga, CA 94556 Fax # (510) 6310242 DATE: Julys 22, 1992 Dear Scott, Attached please find Moraga Fire Commission Resolution requesting that the Board of Supervisors place the matter of increasing our maximum fire tax rate on the November ballot. Also attached is a copy of our Fire Flow Tax Ordinance which was developed by Dennis Graves of the County Counsels' Office. We are requesting that this matter be heard by the Board of Supervisors no later than August 4th to meet the deadline for the November election. I will be contacting you latex this week after your discussion with Vic Westman to determine what items we need to submit to the Board on this matter. Thanks for your assistance. i'dhn Cooper -TLlL - 22 - 92 W ED 1 3 35 MFD P -_ 02_ . r (Moraga Fire Dif trict 1280 Moraga Way, Moraga,CA 94556 Ed Lucas, Fire Chief (415} 376-5454 TO: Contra Costa County Board of Supervisors FROM: Moraga Fire District Board of Fire Commissioners SUBJECT: Increase of Moraga Fire District Tax Rate Resolution 92/03 DATE: July 21, 1992 The Board of Fire Commissioners of the Moraga Fire Protection District RESOLVES that: The Moraga Fire Commission recommends that the matter of increasing the maximum fire flow tax rate from the current level of 6 cents to 20 cents be put before the electorate in the November 1992 election. ----------------------------------------------------------------- AYES: BORRELLI, COMERFORD, NATHAN, NOE, TIBBITTS NOES: NONE ABSTAIN: NONE ABSENT: NONE I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of the Board of Fire Commissioners on the above date. 7/21/92 By: Dated Secretary totheBoard of Fire Commissioners ,T U L — 2 2 — 9 2 WED 1 3 : 3 6 M P D P " 0 25 .._.��DISTRICT requirements of the ....�. s Frcurly Fire Code and applcab►e bu[Idng own MUSA FIRE FrMTd SPECIAL TAX NIEASIIRE F 14 "Ad valorem property taxes'or"ad valorem real property taxes"means taxes BOUNCE NO. 8(1-19 an that secured ran roar property which is subject to being sold for defnquency of such tares. "Ad valorem Via" taxes" a "ad valorem real properly taxes. thetefere, includes taxes based an the March 1, 1975 value of real property and taxes based on (An Ordinance at the Mairaga Fire Protection District the value of real properly at date of change of ownership,completion of new constyva Auuforizing a Special Tax tot tion.or purchase where such has oautred after March 1,19T5. Fxe Protection and Prevention Services) 15. "Taxpayer"means the assessee of the pmperty as shown on the secured tax The Contra Costa County Board of Supendsas as the Board of Directors of the tel and. if different than the assessee,the person or legal entity actually paying the ` Moraga Fire Protection District of Contra Costa County does ORDAIN as follows taxes. ARTQE 1. PURPOSE AND INTENT.It is the purpose and intent of this Ordinance ARTICLE III. SETTING OF TAX RATE COMPUTAT[ON AND LEVY OF TAXES. to,authorize the levy of a rax an parcels of real property on the secured 911110"tax 1. Setting Ot the Tax Rate. roll of Cgnlra Caste Caunry that are wiUrn fine MOraga Fire Protection District in Order The DisnicCs Board of Fire Commissioners,prior to each July 19.shall recommend to augment funding for fire protection and prevention services, to the Mcners Board of Directors the tax rate to be set for the next fiscal year. This tax is a special tax within the meaning of Secdon 4 of Article XttlA of the Cafr Thereafter.at a regularly sdmeduled meeting held prior to the at at July.the Board of fomia Constitution. and this Ordinance is enacted pursuant to Government Code Sea Directors of the Moraga Fre Protection District shall set the rate which stmt be BMW Ilan 53978(adopted by Chapter 397 of the Statutes of 1979]. Because fine burden of to determine the taxes for the next fiscal year.The rate shag be it cents and shall be this tax fats upon property,this tax also is a property tax,but this tax is not deter. determined to the closest ane-tenth of a oent(e,g.,a rate of 4 5 cents)that the Hoard mined according to nor in any manner based upon the value of property:this tax is of Difecters of the District deems appropriate to OCNM the purposes of this 0111111- based, rderbased to Me exW procibrA upon the improvements to each parcel ante:wed.however,Stat said rate shalt not exceed GO cents unless an increase ata,specifically.the risk of fire attendant to such improvements.Insofar as not incon- n SUCD MMMO rate rs gravecto iris vo aux sestent with this Ordinance or Chapter 397 of the Statutes of 1979 and insofar asi r r9i ir! pct' efectom appieahle to a property tax that Is net based an value,such provisions of Me Cafdor- 2 Camputation of Taxes. nia Revenue and Taxation Code and of Article XIII of the Calitomia Constitution as a. Improved parcels: the tax on each improved parcel Shall be fie amount.in Mars relate to ad valorem property taxes are intended to apply to the collection and adrnios. and cents,determined by multiplying the rate times the improved parcel combined fire ttatmn of this tax(Article N of this Ordinance), as autlwraed by Gevemment Code risk tactor for the parcel Section 53978(d). b. Unimproved parcels the tax on each unimproved parcel shall be the amount.in The revenues raised by this tax are to be used solely for the purposes of obtaauril dollars and cents,determined by muibplying the rate times the unimproved parcel tae furnishing,operating,and maintaining fire suppression equipment air apparatus,for pay- rislt 1axtor for the parcel mg the salaries aM benefits of firefigtrring personnel,and for such other Fre proleef on 3. Levy of Taxei or prevention expenses as are deemed necessary by the Moraga Fire Protection DLA Phar to the end of each July,the Districts Board of Directors shall levy taxes Opal pct, the parcels in the Moraga Fire Protection (Tstrfot tar the then Current focal year by ARTICLE II. DEFINITIONS.The following definitions shall appy throughout this Ordir selling the rate and computing the taxes in accordance with Midi 11,1 and 2.above. once: Taxes levied on each parcel pursuant to thin Section shall be a charge upon the parcel 1. "Parser'means the and and any Improvements Manion,designated by an asses- and shall be due and collectible as set forth in Article IV,below.A complete btbrg of sons chancel map and pared numher and carried on the secured property tax roll of tate amount of taxes on each parcel shall be mai Pained and be available for public Camra Costa County.For purposes of this Ofirmance,parcel does not include any land inspection at the Ostricts administrative headquarters during the remainder of the tis- or improvement outside the boundaries of tile Moraga Fre Protection District nor my cel year for which such taxes are levied. land of improvements owned by any governmental entity. ARTICLE IV. COLLECTION AND ADIif1NISTRATION. 2. "improved pakel" means any parcel upon which any combustible improvement 1.Taxes as Liens Against the Property, exists. The amount of taxes for each parcel each year shall constitute a Bern on such pro- 3. "Unimproved parcer'means any parcel except an:improved parcel. perty. in accordance wffh Revenue and Taxation Code Section 2187, and shag have 4. "Combustible improvement"means any building at other improvement. !mdudrng the same ettect as an ad valorem real property tax ieni unit fully paid all attached parts of such bukling or other improvement.if any contents or part of the 2. Cdectbn. building or other improvement is tapable of buming. The taxes on each parcel shall be billed on the secured roll tax bills for ed valorem 5. "Improvement" means those ftems Included within the Revenue and Taxation proprrrty taxes and shall be due f,'te Morage Fire Protection District,Insofar as feasible Cade Section 105 dell int at improvementr,except for 1)fences,poles and wals that and insolar as not inconsistent with this Ordinance, the taxes are to be collected by are not a part of or connected to a structure and 2)trees and virw"s. Contra Costa County on behalf of rine District n the same mariner in which the Cm* 6. "Fiscal year"means the period of July 1 through the following June 30. collects secured mg ad valorem f rt iy taxes. Insofar 85 feasible afd Insofar as not 7. "Improved parcel lire risk factor"means Me figure calculated for each combust- uxonsistent with ft Ordnance, the times and procedures regarding exemptions, due idle improvement an an improved parcel,acicoaLnp to the following formwa: dates,installment payments.corrections,cancefallam refunds.penatties,liens,and cal- Improved parcel fere risk teeter�18 x C QA x.5S lectbns tar secured roll ad valorem property taxWsha8 be applicable to the collection Where: of the tax. Notent)istanding anything to the contrary in the toregoing, as to this C=to coefficient for the type of consuuctmn of the improvement, as specified on tax: 1)the secured roll tax bills shall be the a*notices required tot this tax,2) the page 1 of the Insurance Services Office Guide for Determination Of Required Fire Row. appeal procedures set forth hereinbelow shall apply in lieu cif appeals to the Assess- dated December, 1974,The type of construction of the improvement,which will deter- ment Appears Board,and 3) the homeowners and veterans exemptions are not applira- vine the coefficient to be used.is to be determined in accordance with the definitions ble.because such exemptions are a function of dalar amount of value and this tax is set forth it the first part of Me Appendix to Ilia aforesaid Guide.A copy of the Guide a function of square footage or acreage. shall be available tar pubic nspection at the administratnve headquarters of the District, 3. Fuhication of Notice of Time Lint for Filing Appeals. Moraga,Caltomia. Wdhn 20 days after the bids for the first installment of secured rod taxes have Area R the approximate total square footage of the Improvement,including of floors been mailed. the Board of Fire Commissioners of the Moraga Fire Protection District (basements included)and of attached parts at the improwmenl shag cause a notice of right to appeal to be published once a week for two weeks it.a S=21ft for a combastihle improvement that does rmt corntain an approved sprinkler newspaper of general circulation throughout the District Such notice shat be treaded system "Notice at Appeals Period for Moraga Fire Protection District Special Tax for Fire Pr0- S a fill. for a combustible improvement that does contain an approved sprinkler faction and Prevention Services"and shall contain the precise wording of all of Article sysm V herein-below. 8. "Improved parcel combined fire risk factor"means the total of the improved par- 4. Costs at Administration by County. cel fire risk factors ler all combustible improyernents on a par el The reasonable costs incurred by the Comfy officers colacfig and administering 9. "Unimproved parcel fire risk factor' means the figure calculated for an un`m- Uris fax shag be deducted from the collected taxes before remittal of the balance to proved parcel according to the following lomada: the District. Unimproved Meet foe esk tactor=400+(EA x Slane) ARTICLE V. APPEALS. Where: t. Applications for Reduction of Taxer,Time Limit tar Ring:Notice of Hearitrg;Pay- FA=the amount of acreage of the parcel that is in excess of t acm rent of Taxes Pending Deoaion:Refunds. 10. "Rate"on"tax rate"means the aanunt,expressed in ceft which is to be mul- Appeals of the amount of the special tax for two protection and prevention services tipied by either the unimproved parcel fare risk factor or the kVmvW parcel combined fix a parcel,or of any component of the tax must be made by written appirattion of fire risk faemr to compute fate amount of tax an a parcel. the taxpayer to the 134tict's Board of Fre Comadssioiers and must to re0eived at the 11. "Districl"means Momp Fre Protection District District's administrative headquarters, Moraga. Callomia, no later than the 31st of 12. "Campenent' means any part of fine formula for the improved pascal fire risk Dommber fdlovring receipt of the tax b7 for the first installment of secured roll texas, factor at the unimproved parcel fire risk tactor. (CONTINUED) 13. "Approved sprinkler system" means a qx lilder system conforming with the J �IL - 22— 32 WEII 1 3 3S MhFD P . 04 . .' far Air( such appealmust sat forth all facts uponwhich the contends that the ARGUME WOR 6F {IEEE F taxes should be reduced. Arty such appeal afsa must give ttte mulling address of the laxpaW.must specify by precise address err assessor's parcel number Moraga Fre District voters are being askW to approve a special rh dist tax fees location of the parcel for which the taxes art being appealed,and must contain a 'od insum the cdrdbtwsd high a iew of Pyre protection and paramedic ambdana statemenl made under penalty of peWrY that the facts set fartb in the appfcatiat ash vices This mamma will underwrite defrats which are created by Inartsolu e C lraa ff the aditel's staff and the appealing taxisayer do net agree on a MWILWop Of aW State hat cut fonds and redurcr'ath of property fax revenuM State law allows the issue 19) presented W the appeal an application which complies wmh the require- WAS for special tax mea:aaes to make up for reverM.last by tiro or police sat ments stated above shall be set for hearing before the Board of Fre Commissioners of due to Proposition 13. the Oistriet as soon as reasonably possible.and notice of such hearing sh9 be malled The sited deficit for 198081 ler ptariding the current levet of service v to the appealing taxpayer at least two weeks in advance of the hearing.Filing of an ave$100.400.If fonds are not made available,Me Fre-District will(acro a loss a appeal is not grourds for tailing to timely pay the entire amount of taxes specified as sarins*and submMnt redaction of seuvices. Three Paramedic(FtrefighM will-b dire on the tax bill.If taxes are reduced or increased as a result of the decision of the to the 01striet and the patamediftnbukM service will bed tlnf)ed Comrtissionem the taxes shag be refunded or collected, insofar as feasible. n the Sore the readeras voted for this service in 1974.more-than an tt9tlsand res same manner as secured rod ad valorem property taxes ate retutnded or callected after have received emetg iscy medical catt Wilhwt these 8euvlCeR the closest acbf Assessmerit Appeals Board hearings. serniee is 15.30 minates away--the ddference betwim Be and death in malty i 2. Heairig. Reduction Of force alto means greater tisk of tiro Was.. The taxpayer at tis designated representative may.but meed rict.be present at the It is the intent of this m asm than a special tan be twirled any when other heating,It present,the taxpayer or nus designated representative may present any rete- are not avalable and also to establish a maximum Graft an the amount that c vant evidence aro may be examined uunder oath by the District's representative and charged.Rtvanixg vAs be used only 10 mainlaut current service heves.The tax r the Commissioners. The District" representative may also present any relevant evi .014 to.080 will the set amuagy,as needed after Pulls HearkW and carrnat int deuce and be examined under oath by the taxpayer,or his designated reprowdativa the budget more than the Conwmer Price Index The pnajected charge of.02¢fh and the Commissioners. The burden of proof of any factual question shall be on to year will be Ory 5725 per month for a 2.50D ware font m0demce. THE W taxpayer.Withal 40 days after the hearing,the Commissianers,by majority vote,shall F,gWIMAU determine what of any)component of the tax bill shag the redmxd or increased.and by haw much. It taxes aro to be reduced or increased as a result of dh9 decision of the Commisswff% the taxes stud be refunded at collected, insofar as feasible. in the THE MORAGA FIRE DISTRICT IS IN SERIOUS FINANCIAL OIFFICUL7y! same manner as secured will and valorem property taxes are mfumied or collected REDUCED FUNDING MEANS REDUCED SERVICES. after Assessment Appeals Board houtrii gs. ARTICLE VL SEVERABILITY CLAUSE If any article. section subsection. sentence. phrase or cause of this Ordinances for any reason held to be invalid such decision HOW MUCH IS YOUR LIFE WORTW shall not affect the validity of the remaining portico of this Ordinance, The voters of VOTE YES"MEASURE F. the MOWA Fina Protection district hereby declare that they would have adopted the maiaitdar of this Ordinance,incixing each article.section,subsection.sentence.phrase sit W.&Offfenderfer or clause.inespecOve of the invalidity, of any other article, section, subsection sert• at Craig C.talc Cay tense.phrase or clause ARTICLE VA EFFECTIVE DATE. This Ordinance shall take effect itnmedately upon st Hazel F. eamen sit Card A.Porteorterfield its confirmation by two-thirris of the voters voting withn the District in an eleetion to sf Glen M.Furlow be held April 8.1980_ 4 NO AROWNT AGAINST THIS MEASURE C COUNTY COUNSEL'S ANALYSIS OF MEASURE PROPOSING A SPECIAL TAX WAS SUBMITTED FOR THE MDRAGA FIRE PROTECTION DISTRICT MEASURE F Article XIIIA (Frvposiban 13) requires that any now local agency special tax be approved by two-EWM of those voting on the proposed tax. Naw Government Code Section 53978 arrfhonzes a fire district to impose a special tax to lurid fire prevention and protection services it approved by two•ttrirds of those voting on the proposal Pur- suant to that authority,the Board of Supervisors of Contra Costa County, as the ex Officio BoaN of Directors of the Moraga Fire Protection District.at the request of the 1101`298 Flre ASlnet Board of Can nissicReM adopted an Ordinance which win estabish L a special tax for lire protection and prevention services throughout the District. 0 approved by two-thcas of those voting on this measure. The authorizing legislation requires that the oroceeds of this tax be used solely for Vie purposes of obtaining,tur- rtisnuhg, aaeratdng and maontarrmg fire suppression earpment or apparatus, ror paying the salaries and beeneets of firefighting personnel.and for such otter fire protection or .... oretnoon expenses as are deemed necessary by the District The tax proposed oy rtes measure is not based upon line vak a of property.The tax a bases pnn ioadv on the risk of fire fOr each parcel of real property in the District Under the Ordnance.ft amount of taxes for an improved parcel{e.g.a parcel with a homer is determined by muitipiyM the rate set annually by the District's Governing Board by the-,rnpmwd parcel combined fire risk factor"for itte parcel Th.S factor is calculated by a formula reflecting the risk of fire to each structure. teased upon the _ L ypo of construction.the square footage,and the presence at absence of an approved SOr(nkter system. For an unimproved parcel fe.g_,a vacant lot),the amount of taxes is determines by rriurtroiying the rate set annually by the OWricrs Governing Board by the 'unrnrtaroveo cartel lire risk factor'. This?actor is calculated by a formula reflect- ing the risk of fire for a parcel.based upon the acreage of the parcel The precise for- mulae are set forth in the text at its ordinance in the Voter'S Pamphlet. The maximum rate that can be set by hte District's Goveming Board is six cents. insofar as feasible.the taxes will he collected and administered in the same manner as seeureed roe and valorem property taxes. A special appeals procedure is provided so that taxpayers can have a hearing to contest any part of the Computation of their taxes _ ty