HomeMy WebLinkAboutMINUTES - 02271990 - T.5 T°: BOARD OF SUPERVISORS �E L
Contra
FROM: Phil Batchelor, County Administrator
o - Costa
,P��°�
DATE: February27 1990 Count Y
SUBJECT: HEARING ON THE RECOMMENDATION OF THE FINANCE COMMITTEE TO
IMPLEMENT AB152
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Hold hearing, introduce ordinance, waive reading, and fix March
6, 1990 for adoption of the ordinance to enact AB152 and -increase
processing fees.
FINANCIAL IMPACT:
The County' s preliminary budget forecast for 1990-91 indicates a
significant deficit. Enactment of AB152 would result in a loss
estimated to be a minimum of $7,000 plus administrative costs.
BACKGROUND:
Proposition 90 was approved by voters on November 8, 1988. It
extends existing provisions of law contained in Proposition 60,
which allows any person over the age of 55 years old who resides
in a property which is eligible for the homeowner' s exemption, to
transfer the base year value of that residence to a replacement
dwelling of equal or lesser value located in the same county.
Proposition 90 modified that exemption to include transfers to
another county. This legislation gave Board of Supervisors the
option to implement. At that time, there was no provision for
retroactivity. Implementation of Proposition 90 was approved by
the Board and became effective in Contra Costa County May 18,
1989.
CONTINUED ON ATTACHMENT: _X_YES SIGNATURE:
u ,
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS{ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON T44E DATE SHOWN.
CC: County Admini e tratoT ATTESTED d
County COuris e:l PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY ,/J ��y�% �
DEPUTY
-2-
Assembly Bill 152 is a provision of law which allows Boards of
Supervisors to implement the terms of Proposition 90
retroactively to anytime after November 8, 1988.
Survey of other Counties
Since the passage of Proposition 90 in November 1988, ten
counties have implemented the legislation. The County
Administrator' s Office surveyed those counties who adopted
Proposition 90 to determine whether they have implemented AB152.
Of the nine counties contacted, three counties have implemented
AB152, one is in the process of implementing, three have no plans
to implement and in two counties the issue has not been raised.
Public Response in favor of AB152
The County Administrator' s office received several letters in
favor of implementing AB 152. The Assessor' s office indicates
that many taxpayers have complained that they are ineligible for
Proposition 90 benefits because the effective date of our
ordinance was May 18 , 1989 and they purchased property in our
County prior to that date but after November 8, 1988 . The
Assessor' s office has received 85 applications for the
Proposition 90 exemption. Of the 85 applications, six were
denied due to the fact that the purchase of property occurred
during the ineligible "window period" between November 9 , 1988
and May 18, 1989 . During the Committee meeting, the testimony
from impacted homeowners was that failure to implement AB152
results in discrimination against those persons who purchased
during the window period.
Status of Implementation of Prop 90
The first six months of the implementation of Proposition 90 was
less severe than the Assessor had anticipated; 85 applications
were received, 120 were estimated. However, an average of the 27
exemptions that have been granted shows that the assessment roll
loses approximately $125, 000 per exemption which is 25% greater
than originally estimated. The Assessor anticipates that the 52
pending applications will be valid. At a projection of 160
Proposition 90 exemptions per year with an average loss of
$125,000 per exemption, the total loss to the secured roll would
be $20,000 , 000 annually, or $200,000 in property taxes.
The actual time and cost in processing Proposition 90
applications is much greater than , had been estimated. The
current cost of processing an application is approximately
$195, a significantly higher cost than the original estimate
of $65 . The main reason for the; higher cost is the time
spent in evaluating and re-evaluating records once information
from other counties is received. Since a majority of counties
have not enacted Proposition 90, a uniform procedure for
exchanging information has not been developed. This causes
processing delays and explains why the Assessor currently has 57
applications in pending status. Although the implementation of AB
152 will add to the time and cost to process, the overall cost
would be minimal because a system is already in place to handle
the change in the effective date.
During the Finance Committee meeting on January 22 , the Committee
and homeowners concurred that the Assessor should recover full
cost of processing exemptions.
The Committee viewed the AB152 bill as a clean-up measure to
Proposition 90 and recommended the implementation of this
legislation.