HomeMy WebLinkAboutMINUTES - 10241995 - D3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 24, 1995 , by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson, Bishop
NOES: None
ABSENT: Supervisor Rogers
ABSTAIN: None
SUBJECT: Authorizing Election for )
an increase in a Special )
Tax on Secured Roll ) RESOLUTION NO. 95/ 524
Property in Order to ) (Gov. Code §§ 50077,
Provide Additional ) 53978 & Elec. Code -
Funding for Police ) §§ 1340(c)(3), 1350ff.)
Protection in Zone A, )
CSA P-2 (Blackhawk area). )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board recognizes the need for increased extended police services
in Zone A of County Service Area P-2 and the difficulty of funding the current or
increased level of services by revenues now available. Government Code
sections 50077 and 53978 establish procedures for voter authorization of a
special property tax in order to provide additional funding for police protection.
This Board has adopted on this date Ordinance No. 95/�r in order to
increase the special tax for police protection. This Board hereby RESOLVES that
this Ordinance is to be presented for approval of the voters of Zone A of County
Service Area P-2 according to the Ballot Proposition attached as Exhibit A, which
is to be placed before the voters of Zone A on the election to be held March 26,
1996.
This Board FURTHER RESOLVES that the County Clerk (Elections
Clerk) is directed to take all steps necessary to place the attached proposition
before the voters of Zone A of County Service Area P-2 in the March 26, 1996
election, including the use of a sync,psis of the Ordinance.
I hereby certify that this is a true and correct copy of
Orig. Dept.:County Counsel an action taken and entered on the minutes of the
Boar+of Supervisors on the date shown.
cc: Sheriff-Coroner ATTESTED: October 24 , 1995
Assessor PHIL BATCHELOR,Clerk of the Board
Public Works Director of Supervisors and County Administrator
Blackhawk Corporation
Clerk, Elections Dept. by -- - ,Deputy
Administrator
Auditor
Tax-Collector
csA PR A
RESOLUTION NO. 95/524
D.3
ORDINANCE NO. 95- 5 5
(Amending an Ordinance of the Board of Supervisors of Contra Costa County
to Authorize an Increased Special Tax for Police Protection in
Zone A, County Service Area P-2)
The Contra Costa County Board of Supervisors ORDAINS as follows:
Ordinance No. 85-24 of the Board of Supervisors of Contra Costa County, is
amended to read as follows:
ARTICLE L 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 A of
County Service Area P-2 in order to augment funding for extended 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 related 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 expenses as are deemed necessary.
ARTICLE IL 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 purposes of this Ordinance, parcel does
not include any land or improvements outside the boundaries of Zone A of
County Service Area P-2 nor any land or improvements owned by any
governmental entity.
ORDINANCE NO. 95- 5 5
1
2. "Fiscal year" means the period of July 1 through the following June 30.
3. "Zone" means Zone A of County Service Area P-2 which is the Blackhawk
area within the boundaries of County Service Area M-23.
4. "Ad valorem property taxes" or 'ad valorem real property taxes" means
taxes imposed pursuant to Division 1, Property Taxation, of the Revenue and
Taxation Code of California on secured roll real property subject to being sold
for delinquency of such taxes.
5. "Single Residential" means parcels assigned the following use codes.,by the
Assessor of Contra Costa County for ad valorem property tax purposes: 10, 11,
12, 1.3, 14, 15, 17, 19, 29, 61., 62, 88.
6. "Small Multiple Residential" means parcels assigned the following use
codes by the Assessor of Contra Costa County for ad valorem property tax
purposes: 21, 22, 23, 24.
7. "Large Multiple Residential" means parcels assigned the following use
codes by the Assessor of Contra Costa County for ad valorem property tax
purposes: 25, 26, 27, 28.
8. "Commercial/Industrial/Institutional" means parcels assigned the following
use codes by the Assessor of Contra Costa County for ad valorem property tax
purposes: 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 46, 47, 49, 50, 51, 52,
53, 54, 63, 70, 74, 751, 83, 84, 85.
9. "Commercial/Theater" means parcels assigned the following use code by
the Assessor of Contra Costa County for ad valorem property tax purposes: 45,
10. "Use Code" means the code :.umber 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 classification chart is
attached hereto as Appendix A and incorporated herein.
ARTICLE III. AMOUNT AND LEVY OF TAXES.
1. The tax per year on each parcel in Zone A of County Service Area P-2
shall not exceed the amount allowable under Ordinance 81-16, establishing an
extended police protection special tax in County Service Area P-2, plus the
following amount for the applicable Property Use Category:
ORDINANCE NO. 95- 55
2
Property Use Category Amount of Tax Per Parcel
1. Single Residential $ 160
2. Small Multiple Residential $ 160
3. Large Multiple Residential $ 1.60
4. Commercial/Industrial/Institutional $ 960
5. Commercial/Theater $4800
2. Prior to the end of each July, the Board of Supervisors of Contra Costa
County shall levy taxes upon the parcels in Zone A for the then current fiscal
year in amounts not exceeding the above-listed maximums per parcel, plus any
amounts levied on County Service Area P-2 under Ordinance 81-16.
3. 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 Clerk of the Board of Supervisors of the County of Contra Costa and be
available for public inspection during the remainder of the fiscal year for which
such taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
I. 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.
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 procedures 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.
ORDINANCE NO. 95- 5 5
3
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 before remittal
of the balance to Zone A of County Service Area P-2.
ARTICLE V. SEVERABILITY CLAUSE. If any article, section, subsection,
sentence, phrase or clause of this Ordinance is for any reason held to be invalid,
such decision shall not affect the validity of the remaining portion of this
Ordinance. The voters of Zone A of County Service Area P-2 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 Zone
A in an election to be held March 26, 1996 so that taxes shall first be collected
hereunder 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 Ca.lifornia,october 24, 1995 by the following
vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Rogers
ATTEST: Phil 3atchelor, Clerk of the Board
of Supervisors and County Administrator
By:
eputy Jeanne O. M glio dhair
ORDINANCE NO. 95-55
4
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COUNTY COUNSEL'S ANALYSIS OF MEASURE PROPOSING
AN INCREASE IN THE SPECIAL TAX FOR ZONE A,
COUNTY SERVICE AREA P-2
Article XIIIA of the California Constitution (Proposition 13) requires that any new
or increased local agency special tax be approved by two-thirds`of those voting on the
proposed tax. California statutes authorize a special tax to fund police protection
services, if approved by two-thirds of those voting on the proposal. Pursuant,,to that
authority, the Board of Supervisors of Contra Costa County adopted Ordinance No. 85-
24 which established a special tax for police protection services throughout Zone A (the
Blackhawk area) of County Service Area P-2. If approved by a two-thirds vote, this
measure would increase that special tax as shown below. The authorizing Ordinance
requires that the proceeds of this tax be used solely for the purposes of obtaining,
furnishing, operating and maintaining police equipment or apparatus, for paying the
salaries and benefits of police personnel, and for such other police expenses as are
deemed necessary by the Board of Supervisors.
The tax proposed by this measure is not based upon the value of property. The
tax is to be levied on a parcel and use of property basis and would be in addition to the
police services special tax now imposed in County Service Area P-2. Under the
Ordinance, the special tax per year on parcels in Zone A cannot exceed:
Property Use Category Amount of Tax per Parcel
Current Increased to
1. Single Residential $115.00 $ 160
2. Small Multiple Residential $115.00 $ 160
3. Large Multiple Residential $1.15.00 $ 160
4. Commercial/Industrial/Institutional $345.00 $ 960
5. Commercial/Theater (New Category) $4800
Insofar as feasible, the taxes will be collected and administered in the same
manner as secured roll ad valorem property taxes.
UCG1 a:WnalysisT-2
BALLOT PROPOSITION, ZONE A
(County Service Area P-2) Special Tax
Shall Ordinance 95-SS of the,Board of Supervisors of Contra Costa County be approved
so as to authorize an increase in the special tax on property located in Zone A of County
Service Area P-2 in order to provide additional funding for police protection service?
EXHIBIT A
66-ndl' (-�
COMITTEE FOR ONGOING POLICE SERVICE
370 Jacaranda Drive, DanviLLe, 'CA 94506 5101736-5470
Honorary Co-Chairs:
DANIEL E. 0QATVRIQff RICHARD K. RAINEY GAYLE BISHOP VARREN E. RUPF
Senator, 7th District Assemblyman, 15th District Supervisor, 3rd District Sheriff
State Legislature State Legislature Board of Supervisors Contra Costa County
Contra Costa County
Co-Chairs:
RUTH POULTON ED ARNOLD RICHARD EINZIGER DIANE GILFETHER REBECCA KINGSBOROUGH
ANN FENER LINDA APPLETON HERB JORGENSEN JIM SCHNIEDER
October 24, 1995
Dear Contra,,Costa County Board of Supervisors,
You will consider today a proposal to place on the March, 1996,
ballot,. a measure that will raise the Blackhawk P-2, Zone A, Police
District parcel assessments. We ask that you approve this opportunity
for the Blackhawk community to decide on this ordinance.
In the week of October 10, 1995 - just two weeks ago - we mailed the
enclosed statement to 230 Blackhawk households.
From this one mailing, and with no telephone campaign/ we received
favorable responses from the 88 households, and the signatures of
those 161 . Blackhawk voters listed.
We received one negative response from a resident that felt the
assessment to the Blackhawk Theater would be excessive. However,
based on the calls for police service resulting from the Theater's
operation, the assessment should be 3 times the $4, 800 proposed.
Based on monthly Blackhawk Police Reports, the typical Sheriff 's
unincorporated coverage response time from the Valley Station in Alamo
is 25 to 30 minutes. The typical response. time for the Blackhawk
Police is from 4 to 7 minutes. When we have a problem requiring
police assistance, each minute of delay in the arrival of an officer
can be critical. Aside from wishing to get police aid as soon as
possible when it is needed, we value the peace of mind that comes from
knowing it is readily available.
This is the first increase in the P-2A assessment since 1987 . We
should be given an opportunity as a community to decide on whether we
will raise the revenue required to enjoy the level of service we now
have through the year 2002 .
Thank you for your consideration and best regards,
for the Blackhawk Committee for Ongoing Police Service.:
im Schnieder
Co-Chair
Request to Speak Form .
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
M
efore addressing the Board.
Name: -,Ho wa rd k, A J I e r Phone: k1 0 J f,3?-:Z,3Cd/
Address: 3 8Te n n 1S Cfy 6 -Dr. City: v► V1 I Je .
c5A - p zA
1 am speaking for myself or organization:'BIdcKhclw K Imo te-c A c1 V
Game of organization) Co m m
CHE ONE:
1 wish to speak on Agenda Item #-D—.P3 Dat • /�
My comments will be: general —for�agai .
Wish to speak on the subject of p co-;p p,5 ed o rcl r n a ki c e.
1 do not wish to speak but leave these comments for the Board
to consider:
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: ,/to; &�w% Phone:
AddressJ22 DELP'- City: fav/ice/ lf9u/K,
1 am speaking for myself or organization: ON ZICif
(flame of organization)
CHECK ONE:
1 wish to speak on Agenda Item #._,D,3 Date:
My comments will be: general for,�,/ against .
1 wish to speak on the subject of
1 do not wish to speak but leave these comments for the Board
to consider:
� a
"We support the Blackhawk Police District assessment increase for
residential parcels from $115 per year to $160 per year,
commercial parcels from $345 per year to $960 per year, and the
Blackhawk Theater from $345 per year to $4, 800 per year. We also
authorize use of our names to be listed as sponsors of this
measure on campaign brochures the Blackhawk Committee for Ongoing
Police Service will publish in connection with the March, 1996,
election. "
Barbara and Howard Adler Donna and Alex Infald
Nancy. and Calvin Andre Dana and Brent Jones
Anne Marie and Robert Arns Donna and James Kauffman
Sandra Bacharach Alice and Michael Kelleher
Jackie and F.H. Badger Christa and Dave Krick
Lene and Thomas Bankert Linda and Albert Kralik
Judy and Charles Bellig Paula and Michael Krinsky
Barbara and John Bierie Marilyn and Stephen Lazar
Marsha and Dave Bocan Delores and Jerry Legge
Sue and Mark Bradlee. William Levitt
Linda and Douglas Brenton Martha and Lorel Lindstrom
Ruta and Juris Bunkis Jean Livingston
Patricia and Kenneth Butler Linda and Glen Maddalon
Gloria and Frank Carr Angus MacNaughton
John Caudle Gwen and Richard Messman
Rose Chapman Maryanne and Neil Mitchell
Marge and William Childs Charles Nebesar
Mary and Loring Clark Aaron Negherbon
Rebecca and James Cote, Lydia and Frank Negherbon
Sharon Crowe Trudy and Gary Negherbon
Gene and John Crowell Marjorie and William Nothern
Joyce and Robert Dalton M.L. and E.C.. Paschel
Julie and William Dastic Claire and John Peppercorn
John Davis Claudia and Milton Perlow
Diana and Gary Egkan Shirley and Horst Pfendt
Vivian and Irvin Eskanos Peggy and Michael Polosky
Lorraine and Richard Flohr Irene and Frank Pope
Rudy Forstner Elizabeth and Robert Quillinan
Eva and Eric Frank Rocheda and Lee Reid
Sue and Robert Gersky Joan and Kenneth Reiss
Karen and Luciano Giorgini Alice and K.R. Reuter
Laynee and Ronald Goodstein Deborah and Richard Roof
Susan and Jerry Gottlieb Judy and Mitchel Salmere
Carol and Draper Gregory Patricia & William Scarbrough
Becky and Charles Griffith Victoria and William Scholle
Marge and Ray Guiliano Doris and Orin Schopplein
Francis and Melvyn Gruben Marion and Al Sheridan
Jean Haft Danni and Dan Sherman
R.L. Hanna Carl Swenson
Margaret & Rich Harrit Fran and Robert Tillis
Susan and William Heller Marcia and Robert Thomson
Jean and William Hill Marie-Claire and Patrick Trown
K.C. Hock Dianne and Larry Wagner
Jeanne and John Hulse Brenda and Barry Zwahlen