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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, CALIFORNIA
Adopted this Order on August 11, 1992 by the following vote:
AYES: Supervisors Powers, Torlakson, McPeak
NOES: Supervisors Fanden, Schroder
ABSENT: None
ABSTAIN: None
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SUBJECT: Proposed Ballot Measure
On August 4, 1992, the Board approved a proposed ballot measure
for the November 3 , 1992, election providing for a special assessment
(parcel tax) to assist in preserving vital law enforcement and
criminal prosecution, library, drug crime diversion services and
services to preserve the safety net of community-based agencies that
protect families and children.
The following persons spoke on the ballot measure:
Mike Menesini, 525 Henrietta Street, Martinez;
Phyllis Roff, 2893 San Carlos Drive, Walnut Creek; and
George Saunders, Mental Health Coalition, 1070 Concord Avenue,
Concord.
Following discussion of Board members, the Board REAFFIRMED its
action of August 4, 1992, providing for the placement of a $20 parcel
tax ballot measure on the November 3 , 1992, General Election and
MODIFIED the proposed funding schedule to allocate $700,000 to the
Library and $1,000 ,000 to Juvenile Justice facilities, diversion and
rehabilitation programs.
IT IS FURTHER ORDERED that Ordinance No. 92-55 adopted on
August 4, 1992, is hereby REPEALED and REISSUED this day
incorporating minor changes as recommended by the Board.
IT IS FURTHER ORDERED that Resolution No. 92/530 ratifying its
action of August 4, 1992, is hereby ADOPTED,
cc: County Administrator
County Clerk—Recorder 1 hereby certify that this is a true and correct copy of
Elections an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
C011rity COUIISel ATTESTED:
PHIL BATCH R,Clerk of the Board
Of SUPervisors and County Administrator
By Deputy
i
IN THE BOARD OF SUPERVISORS .
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
SUBJECT: Authorizing a special )
assessment election to fund )
certain law enforcement, ) RESOLUTION NO. 92,/ 530
criminal prosecution, )
library, drug crime )
diversion services and )
community safety net )
services to protect )
families and children. )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board recognizes the need for increased law enforcement and
criminal prosecution services, library services, drug crime
diversion services and services to maintain the community safety
net which protects families and children within this County and its
Service Area No. EM-1 and the difficulty of funding the current
level of these program services by revenues now available.
Government Code Sections 25210 . 6a and 50077 establish procedures
for voter authorization and tax roll collection of a special
property assessment in order to provide additional funding for
these programs . At its regular noticed public meeting of August
11, 1992, this Board received the County Administrator' s report on
this subject and the related proposed ordinance and the testimony
of all persons appearing to speak.
This Board hereby determines, orders and directs :
1 . That Ordinance No. 92-55 adopted this date is to be presented
for approval of, and confirmation by the voters of Contra
Costa County and Service Area EM-1 on November 3, 1992
according to the attached ballot proposition and measure
marked Attachment "A" .
2 . The County Clerk (Elections Clerk) is directed to take all
steps necessary to place the above-noted ballot measure on the
November 3, 1992 ballot for the County and this election be
conducted with any other elections scheduled for November 3,
1992 . If required, a synopsis of the Ordinance may be used.
PASSED on the 11th day of August, 1992 by the following vote: '
AYES: Supervisors Powers, Torlakson; McPeak
NOES: Supervisors Fanden, Schroder
ABSENT: None
ABSTAIN: None
I hereby certify that the foregoing is a true and correct copy of
an order entered on the minutes of said Board of Supervisors on the
date aforesaid.
Witness my hand and the Seal of
the Board of Supervisors
affixed this 11th day of
August, 1992 .
cc: County Administrator
County Clerk-Recorder PHIL BATCHELOR, Clerk of the
Assistant Registrar of Voters Board of Supervisors and County
County Counsel Administrator
By
Deputy Clerk
RESOLUTION NO. 92/530
ATTACHMENT "A"
Restoration of Law Enforcement, Criminal Prosecution, Public
Protection/Rehabilitation Programs, Library Services, and the
Community Safety Net Protecting Children and Families . Shall
Ordinance 92-•55 of the Board of Supervisors of Contra Costa be
adopted authorizing a temporary $20 annual charge on property
located in the County to:
Maintain crime lab, policing and prosecution of drug and gang
crimes, drug crime diversion/rehabilitation, library, and community
safety net to protect children and families from violence and
abuse.
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ORDINANCE NO. 9255
(An Ordinance of the Board of Supervisors of Contra Costa County
Authorizing A Special Assessment To Fund Certain Specified Services
Which Can be Provided by County Service Area EM-1) .
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 special assessment on
parcels of real property on the secured property tax roll for all
of Contra Costa County contained within County Service Area No. EM-
1 ( "EM-1" ) in order to provide funding for essential law
enforcement and police protection services and the miscellaneous
service of public health to protect and support children and
families, and library facilities and services .
For the past fourteen years, the Board of Supervisors has been
faced with making almost constant cuts to funding for vital County
services because of reductions in funding made available for these
services by the State of California. The reductions which are
required of the Board of Supervisors in the 1992-93 fiscal year are
clearly unprecedented and exceed any level of reductions ever
before contemplated in this County. The Board of Supervisors, on
July 20, 1992, eliminated $48.5 million in expenditures from the
1992-93 County Budget. It is, however, unlikely that these cuts
will be sufficient to keep the County Budget in balance once the
State Budget is enacted and its impact on the County can be
accurately calculated. Preliminary estimates based on what appears
to be the most likely scenario, indicate that millions of
additional dollars may have to be removed from the County Budget
before it is finally adopted.
The reductions which will have to be made in Phase II will
inevitably reach the most critical and sensitive programs still
operated by the County. These programs have been protected thus
far, while programs of lesser priority have been reduced or
eliminated. The Phase II reductions may require even deeper cuts
to the Sheriff ' s Crime Lab, making it more difficult to prosecute
some alleged criminals because of the inability to process physical
evidence for trial. Phase II may also eliminate the special
Sheriff 's Task Forces which have done such an outstanding job to
date in focusing on the investigation and arrest of drug dealers
and organized gangs which commit crimes . Phase II may also further
reduce the number of attorneys who are available in the District
Attorney' s Office to prosecute these alleged criminals .
Phase II may cause further reductions in an already critically
underfunded County Library. Some branches will be closed entirely.
Practically every branch will have its hours reduced further. It
will become more difficult for school children to obtain help to do
the research which is expected of them in school . Existing adult
literacy programs will be scaled back. The number of books will be
reduced as will the ability of the Library to replace old and worn
out books and purchase new materials as they are published.
Phase II may eliminate a number of residential beds which assist in
rehabilitating and diverting individuals who have committed drug-
related crimes, either while under the influence of drugs or to
support their drug habit. This will mean that even individuals who
realize that they have a drug problem. and are seeking help will be
unable to obtain that help on a timely basis . Phase II may reduce
or eliminate a number of other community-based services which help
provide the community safety net of services to physically and
sexually abused women and children, which provide services to
victims of rape, which assist in providing child care services so
parents can go to work where this is necessary, and which provide
services designed to prevent the abuse of our children, our most
precious and most important resource.
As a result of the devastation which would occur if all of these
budget cuts were to remain in effect, the Board of Supervisors has
asked the voters to choose to contribute $20 per year per family to
restore or maintain some of the most critical of these services.
This assessment is a special revenue measure proposed pursuant to
Government Code Section 25210 . 6a and within the meaning of Section
4 of Article XIIIA of the California Constitution. The burden of
this assessment falls upon property, but this assessment is not
determined according to nor in any manner based upon the value of
property; this assessment is levied on a parcel and use of property
basis .
ARTICLE II . USE OF REVENUE.
1. The revenues raised by this Ordinance are to be used solely
for the purpose of funding essential law enforcement and
police protection services and the miscellaneous service of
public health to protect and support children and families,
and library facilities and services. None of the revenue
spent on library services is to be spent within the City of
Richmond. In addition, at least 20% of the total revenue
raised is to bge spent on the community safety net contracts
with private, non-profit agencies . The Board of Supervisors
may allocate the revenues raised by this assessment as
follows :
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1 . Law Enforcement/Public Safety/Criminal Prosecution: 44 .8%
2 . Library Services : 10.4%
3 . Drug Crime and Juvenile Justice Facilities and
Diversion Programs : 22 .4%
4 . Community Safety Net to Maintain Services to Protect
Families and Children: 22 .4%
TOTAL 100 . 0%
ARTICLE III . 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 including its incorporated areas. For the purposes of
this Ordinance, parcel does not include any land or
improvements outside the boundaries of Contra Costa County or
EM-1 nor any land or improvements owned by any governmental
entity.
2 . "Fiscal year" means the period of July 1 through the following
June 30 .
3. As appropriate herein, "County" or "EM-1" means the County of
Contra Costa and/or County Service Area No. EM-1 both of which
include within each of their boundaries all of the territory
of Contra Costa County.
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 Attachment A 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.
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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
assessment per parcel as specified in Article IV 1A herein.
The adjustment from actual to constant dollars shall be made
by use of the Consumer Price Index, as specified in Section IV
1B herein.
ARTICLE IV AMOUNT AND LEVEL OF ASSESSMENTS
1 . The assessment per year on each parcel in the County and EM-1
shall not exceed the amount applicable to the parcel, as
specified below.
A. For First Fiscal Year:
( 1) The assessment per year for the first fiscal year
(July 1, 1992 through J�ine 30, 1993) shall be the
Amount of Assessment Per Parcel for a Property Use
Code Category as set forth on Attachment B
incorporated herein.
(2) If, on or before November 20, 1992, the Board of
Supervisors has not expressly ordered the billing
and collection ( "corrected" tax bills) of these
first fiscal year ( 1992-93) parcel assessments on
the secured roll for ad valorem property taxes,
these charges shall not be due and collectible for
the First Fiscal Year 1992-93 . In this event, the
Board of Supervisors may, but only for the second
subsequent fiscal year ( 1993-94) , levy parcel
assessments equivalent to those allowed during the
First Fiscal Year ( 1992-93) in addition to these
second fiscal year assessments authorized by this
Ordinance and its Article IV 1B. Whether a first
year assessment is levied during the 1992-93 or its
equivalent is levied for the second fiscal year,
the base assessment per year per parcel for the
purposes of part 1B of this Article shall be the
assessment levied or, in the event none was levied,
which could have been levied for and during the
First Fiscal Year.
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B. For Subsequent Fiscal Years:
( 1) In order to keep the assessment on each parcel in
constant first year. dollars for each fiscal year
subsequent to the first fiscal year, the assessment
per year shall be adjusted as set forth below to
reflect any increase in the Consumer Price Index
beyond the amount of assessment on each parcel that
was or, in the event none was levied, could have
been levied during the first fiscal year. In each
July, the Board of Supervisors of Contra Costa
County shall determine the amount of assessment to
be levied upon the parcels in the County and EM-1
for the then current fiscal year as set forth
below.
For each Property Use Category on Attachment B, the
assessment per year on each parcel for each fiscal
year subsequent to the first fiscal year shall be
an amount determined as follows :
Assessment Assessment (Consumer Price Index
Per Parcel Per Parcel for April of the
For then Current = For First X 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
assessment per parcel for any fiscal year be
required to be less than the amount established for
the first fiscal year.
(2 ) The assessments 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 V, below. A complete listing of the amount
of assessments per parcel for a Property Use Code
Category shall be maintained by the County
Administrator's Office of the County of Contra
Costa at Martinez, and be available for public
information and inspection during the remainder of
the fiscal year for which such assessments are
levied.
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ARTICLE V. COLLECTION AND ADMINISTRATION.
1 . Assessments as Liens Against the Property.
The amount of assessments 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.
The assessments 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 assessments 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 these assessments . Notwithstanding anything to
the contrary in the foregoing, as to this assessment: 1) the
secured roll tax bills shall be the only notice required for
this assessment, 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 assessment shall be deducted
from the collected assessments .
4 . Postponement of Payment of Assessments .
Payment of this Ordinance' s assessments and charges may be
postponed by qualified senior citizens and disabled persons
pursuant to the "Senior Citizens Property Tax Assistance and
Postponement Law" . (Revenue and Taxation Code Part 10.5,
Sections 20501 ff. ) . Upon request, appropriate County staff
shall assist and provide information about filing procedures
for senior citizen and disabled person property tax
postponement.
ARTICLE VI. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase, or clause of
this Ordinance or portion of any parcel assessment levied under it
is for any reason held to be invalid, such decision shall not
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affect the validity of the remaining portion of this Ordinance or
portion of any parcel assessment levied under it. The voters of
the County and EM-1 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 or other portion of any parcel assessment levied.
ARTICLE VII . EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation
and enactment by two-thirds of the voters voting within the County
and EM-1 in an election to be held November 3, 1992 so that
assessments shall first be collected hereunder for the tax year
beginning July 1, 1992 . The assessments shall remain in effect for
four (4) years . The assessments shall last be levied for the tax
year beginning July 1, 1996 .
PASSED and ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on August
11, 1992 by the following vote:
AYES: Supervisors Powers, Torlakson, McPeak
NOES: Supervisors Fanden, Schroder
ABSENT: None
ABSTAIN: None
ATTEST: Phil Batchelor, Clerk of
the Board of Supervisors and
County Administrator
By: e
Deputy Board Chair
[SEAL]
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ATTACHMENT B
PROPOSED PARCEL ASSESSMENT SCHEDULE BY PROPERTY USE
Parcel Parcel Number of Assessment Estimated
Code Description Parcels Per Parcel Revenue
Residential
10 Residential(vacant, unbuildable) 2,034 $0 $0
11 Single fam, 1 res on 1 site&duets 173,108 $20 $3,462,160
12 Single fam, 1 res on 2+sites 1,450 $20 $29,000
13 Single.fam, 2+res on 1 or more sites 2,186 $20 $43,720
14 Single fam,other than sngle fam land 9,327 $20 $186,540
15 Misc improvements, 1 site 671 $20 $13,420
16 Misc impry on 2+sites 34 $20 $688
17 Vacant, 1 site(inG PUD sites) 12,238 $20 $244,760.
18 Vacant, 2 or more sites 600 $20 $12,000.
19 SFR;det wlcommon area 22,797 $20 $455,940
Multiple
20 Vacant 514 $20 $10,280
21 Duplex 3,215 $20 $64,300
22 Triplex 472 $20 $9,440
23 Fou lex 1,623 $20 $32,460
24 Combinations(single&double) 458 $20 $9,160
25 Apartments(5-12 unts, inclusive) 1,071 $20 $21,420
26 rtments 13-24 unts, inclusive) 247 $100 $24,700
27 Apartments(25-59 unts, inclusive) 199 $200 $39,800
28 Apartments,60 urrts or more 187 $200 $37,400
29 Attached PUDs 37,277 $20 $745,540
Commercial
30 Vacant 1,099 $20 $21,980
31 Stores not supermarkets 1,840 $100 $1842000
32 Small grocery stores(Quick Stop) 97 $20 $1,940
33 Office Buildings 1,325 $100 $132,500
34 Medical. Dental 427 $100 $42,700
35 1 Service stations,car washes 319 $100 $31,900
36 Garages 547 $100 $54,700
37 Community fac,swimming pool 107 $100 $10,700
38 Golf courses 138 $100 $13,800
39 Boviing alleys 13 $100 $1,300
40 Boat harbors 186 $100 $18,600
41 Su rmarikets(not in centers) 49 $100 $4,900
42 Sh ng centers 549 $200 MAN
43 Financial bklgs Ons,title,banks 170 $100 $17,000
44 Motels,hotels, mobilehome parks 184 $100 $18,400
45 Theatres 23 $100 $2,300
46 Drive-in restaurants 157 $100 $15,700
47 Restaurants(not drive-in) 201 $100 $20,100
48 IMultiple&Commercial 401 $100 $40,100
49 New car auto agencies 111 $100 $11,100
50 Vacant land 837 $20 $16,740
51 Industrial park 487 $200 $97,400
52 Research&development 15 $100 $1,500
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ATTACHMENT B
PROPOSED PARCEL ASSESSMENT SCHEDULE BY PROPERTY USE
Parcel Parcel Number of Assessment Estimated
Code Description Parcels Per Parcel Revenue
Commercial-continued
53 Light industrial 692 $200 $138,400
54 Heavy industrial 189 $200 $37,800
55 Mini-warehouse 50 $100 $5,000
56 Misc impry on light or heavy industri 236 $100 $23,600
57 Unassigned $0 $0
58 Unassigned $0 $0
59 Unassigned $0 $0
Land
60 Unassigned $0 $0
61 Rural, res imprvd 1A-10A 801 $20 $16,020
62 Rural w/without misc structr 1A-10A 700 $20 $14,000
63 Urban acreage 10A-40A 375 $20 $7,500
64 Urban acreage 40A and over 186 $20 $3,720
65 Orchards, vineyards past 1OA-40A 510 $20 $10,200
66 JOrchards, vineyards 40A and over 196 $20 $3,920
67 Dry farming,grazing 10A-40A 280 $20 $5,600
68 Dry farming,grazing 40A and over 363 $20 $7,260
69 Agricultural preserves 515 $20 $10,300
Institutional
70 Convalescent hosp&rest homes 64 $20 $1,280
71 IChurches 697 $20 $13,940
72 Schools, public or private 479 $20 $9,580
73 Hospitals w/without imprvmnts 35 $20 ` $700
74 Cemeteries, mortuaries 62 .$20 $1,240
75 Fraternal&svc organizations 90 $20 $1,800
76 Retirement housing complex 30 $20 $600
77 Cultural uses(libraries) 10 $20 $200
78 Parks&playgrounds 283 $20 $5,660
79,13 ov't-owned (fed,state,city) bidgs 5,167 $0 $0
Miscellaneous
80 Mineral rights(prod/non-productive) 1,164 $0 $0
81 Private roads 214 $0 $0
82 Pipelines&canals 37 $20 $740
83 State board assessed parcels 11 $0 $0
84 Utilities w/without bidgs 9 $20 $180
85 Public&private parking 334 $20 $6,680
86 Taxable muni-owned property 161 $20 $3,220
87 1 Common areas in PUDs,open spc 3,864 $0 $0
88 Mobilehome 1,262 $20 $25,240
89 Other,split parcels 151 $0 $0
99 Awaiting assignment 5 $20 $100
TOTAL 298,212 $6,666,360
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