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HomeMy WebLinkAboutMINUTES - 02252003 - C35-C38 ORDINANCE NO, 2003-04 (Re-Zoning Land in the Bay Point Area) The Contra Costa County Board of Supervisors ordains as follows: D-16, D-17, D-18, E-16, E-17, SECTION I: Pages E-18, F-17. F-18 of the County's 1978 Zoning Map(Ord.No. 78-93)is amended by re-zoning the land in the above area shown shaded on the map(s)attached hereto and incorporated herein (see also Community Development Department File No. RZ003088 ) R-6,R-7,R-10,R-20 Single Family Residential M-17, M-29 Multiple Family Residential T-1 Mobile Home Park C General Commercial R-B Retail Business NB Neighborhood Business H-I Heavy Industrial P-1 Planned Unit A-2 General Agriculture Unzoned FROM: Land Use District U ( Unrestricted TO: Land Use District P-1 ( Planned Unit Development ) I and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.003. SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Ledger Dispatch , a newspaper published in this County. PASSED on Fehzuary 25, 2003 by the following vote: Supervisor Aye No Absent Abstain 1. J. Gioia (X} ( ) ( } ( ) 2. G.B.Uilkema ( X} ( ) ( } ( ) 3. D. Gerber (X) ( ) ( ) ( ) 4. M.DeSaulnier (x} ( ) ( ) ( ) 5. F.D.Glover (Xj ( ) ( ) ( ) ATTEST: John Sweeten,County Administrator and Clerk of the Board of Supervisors Chairman of the Board aByV�al (SEAL) ORDINANCE NO. 2003-04 RZ003088 Page I of 5 rw .fit ri}y U Awl S,U� r tNal t4iRrraT[w ; _ d'yj� USA U w A-2. WI .:. w w w A-12! w r Ar2 t M a LI[ r + i i w t w r Ha' a r Page D-16 of the County's 1978 Zoning Map RZ003088 a U { a w A-2 a 1:15 111 5 Now Page D-17 of the County's 1978 Zoning Map RZ003088 RZ003088 Page 2 of 5 U u H-4 Hi Page D-18 of the County's 1978 Zoning Map RZ003088 A-2 A4 + P-1 AL-4 A-4 P4 A-2 Page E-16 of the County's 1978 Zoning Map RZ003088 RZ003088 Page 3 of 5 MIN � ` t f r � �'�•r~y �''�fr 4 •c!�9r1 � ' 1 f r ' •,'y` ~.9"..�!!® } �91Y81a9ttkY$tt$3�8/tJl ......$a86a8k88iY. ✓p /4�y'b,�i 88RBtai llBtR{e► leaf$t88ai$ta$iii i, f S� ` t`wF4;4O'R > � (ysi$r�I {��iil'4•'l!$418®$$Y34B38',f.'e { }: "�,� e IR�►'a\fa t f ,, 'Bp tdlr�!+vpa�B#s+`..,,, ,.�-'',. f ��S�+�sp�d+,ppa�,'•�4aIts x.{ �®qe�8tEJB8a$tBattt►ai s r aYs r�#4�lJ;1 Ri`4E6I„'PA�1 40!**''f!i f}r r F -.- : P *"”" tgr;V,�w`°a°*Bd*`°� °°..'�'.�"• 3 E° 1si41tx1111 aY? ,� ,+ wae s w °dpr o r RarAi�a P ►e y��i!^rfP _ akav: •yp♦A. "iw' ", Set < V-WAO r fs: kFfi rr { ypB a teff feb� yt `4. 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IFBai * ae3$Lt/1± rt _ x4 $ 2 �ftaiY < x ®Yflt)fa}4• as *l�aJlfi / � *, l6v�rt frr ataei�tif70 n i-' -1 r� rR**! �, t rf�3�•! l#i i• 1�11t!f i 7e as;Slat lir+al .Etaaa■ vx *(s6rf �!! !lttri 1 i»r _ .. `�$1 i'A V„Eti a•� .,�►AA,At.A 4. •0..D$ MZ C.....+t >�irlafreta$ f isb.kl*i #$! y { Krt '1 ,•610.!Ra.....gp`+rofq 618aafl3taiN d1ladafs� �^. { 1 Wita3s1�� ....-.-. {t 54:..}`l ars r .' fjd�. \\lii uF�4 ` t� r 4lltt ..x'�f..: ,s., .�>. !*-\\\t fit. a. f a i R 6 x R e ! • �+ �r. e• mwera+mm "tttl K A•4 j A3� Page F-17 of the County's 1978 Zoning Map RZ003088 $r. r i 1 A•3 A-4 I Page F-18 of the County's 1978 Zoning Map RZ003088 RZ003088 Page 5 of 5 TO: BOARD OF SUPERVISORSCentra FROM: Silvano B. Marchesi, County Counsel f' Costa } DATE: February 25, 2003 ''``� ' tau nth' SUBJECT: Revision to Firearms Dealer license Ordinance Vis.► SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE Ordinance No. 2003-09 to make compliance with state and federal laws relating to firearms safety devices a condition of approval for a firearms dealer license, WAIVE reading, and FIX March 4, 2003 for adoption. BACKGRO'UN'D: On January 1, 2002, Penal Code sections 12087 through 12088.8, the Aroner-Scott-Hayden Firearms Safety Act of 1999 ("Firearms Safety Act"), went into effect. The Firearms Safety Act requires that all firearms sold, transferred or manufactured in California be accompanied by a firearms safety device approved by the California Attorney General. The Attorney General's list of approved firearms safety devices includes trigger locks, cable locks, lock boxes, and padlocks. Under Ordinance Code section 82-36.806, a firearms dealer licensee must sell or provide a trigger lock or similar device when selling a firearm. This is a condition of approver for obtaining a firearms dealer license. A license may be revoked if the licensee sells a firearm without also selling or providing a trigger lock or similar device. The phrase "similar device" is not defined. This ordinance revision would make Ordinance Code section 82-361.806 consistent with the Firearms Safety Act. This revision would make compliance with federal and state laws relating to firearms safety devices, including the Firearms Safety Act, a condition of approval for a firearms dealer license, and would make a failure to comply with this condition a cause for license revocation. The Contra Costa Community Wellness and Prevention Program supports this revision. This ordinance revision also would clarify Ordinance No. 99-25 by replacing all references in Ordinance Code chapter 82-36 to the director of the former Growth Management and Economic Development Agency (GMEDA) with references to the Community Development Director. Ordinance No. 99-25 had substituted the Community Development Director for the Director of GMEDA as the local firearms dealer licensing authority. CONTINUED ON ATTACHMENT SIGNATURE: --------- --------- ------ -- ------------- ----------------------------- - t --- --- RECOMMENr1ATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,,..-APPROVE OTHER SIGNRTURE(S. %F`7r ----- ----------- - ------- /_�._------------------------------------------------------------------------------------------ OF BOARD ON t. ` ' APPROVE AS RECOMMENDED OTHER k VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN "- UNANIMOUS(ABSENT ��,�X��` } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE[DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: r-° ATTESTED CONTACT:Thomas L.Geiger,DeputyCounty Counsel(335-4813) JOHN SWEETEN LERK O T OARD OF SUPERVISORS At4D COUNTYADMINISTRATOR CC: Community Development[Department Sheriff Community Wellness and Prevention Program f; BY `� ��t;: i ` DEPUTY H:000N30 d of Supe he Afi--8 b-,d wd—pd ORDINANCE NO. 2003-09 FIREARMS DEALER.LICENSES The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. This ordinance amends Section 82-36.805 of the;County Ordinance Code to make it consistent with the Aroner-Scott-Hayden Firearms Safety Act of 1999. This ordinance makes compliance with state and federal laws relating to firearms safety devices a condition of approval for a firearms dealer license and makes a failure to comply with this condition a cause for license revocation. This ordinance also clarifies Ordinance No. 99-25 by replacing all references in Chapter 82-36 to the director of the former Growth Management and Economic Development Agency (GMEDA) with references to the Community Development Director. Ordinance No. 99-25 had substituted the Community Development Director for the Director of GMEDA as the local firearms dealer licensing authority. SECTION 11. Section 82-35.202 of the County Ordinance Code is amended to read: 82-36.202 Purpose and administration. (a) Purpose. This chapter requires and provides criteria for the consideration and approval of land use permits and firearms dealer licenses before the sale of firearms will be permitted in any nonresidential land use zoning district of this county. The county finds;it necessary to establish land use permit and firearms dealer license requirements and criteria in the interest of the public healthy, safety and welfare to regulate the sale of firearms in the unincorporated area. This chapter alone does not allow or permit sales of firearms, but only applies to sales of firearms where otherwise allowed or permitted within an involved applicable nonresidential land use zoning district. This chapter does not authorize the sale of firearms in any nonresidential land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations. (b) Administration. For purposes of this chapter, whenever the term"director"is referenced, it shall mean the director of the community development department or his or her designee. (Orris. 2003-09 § 2;99-25 §4;95-59 § 1.) SECTION 111. Section 82-36.204 of the County Ordinance Code is amended to read: 82-36.204 Nonconforming use. Upon the effective date, (December 28, 1995)of this chapter, any person who claims or believes that ORDINANCE NO. 2003-09 . I he or she has established a legal nonconforming use to conduct firearms sales, including sales of ammunition,shall,within ninety days of the effective date of this chapter,provide written evidence describing the extent and scope of such use to the director and obtain a firearms dealer license as provided in Article 82-36.8. To the extent such legal nonconforming use has been established in accordance with this section and continued after the effective date of this chapter, all applicable state and federal permits.and licenses must be obtained and maintained in full force and effect and the use may not be increased, enlarged or expanded without a land use permit as provided in this chapter. (Orris. 2003-09 § 3; 95-59 § 1.) SECTION IV. Section 82-36.606 of the County Ordinance Code is amended to read: 82-36.606 Compliance. In order for a land use permit issued under the provisions of this chapter to became effective and remain operable and in full force,the applicant at all times shall: (1) Within thirty days of obtaining a land use permit and prior to any sales, first obtain a local firearms dealer license from the director, which will not be issued except upon proof of a land use permit obtained in accordance with the provisions of this chapter. Such a license will be considered for issuance pursuant to guidelines to be established by the director and in accord with criteria set forth in Article 82-36.8 and maintained in full force and effect; (2) Maintain a record of ammunition purchases as provided in Article 82-36.10. (3) Comply with all state and federal statutory requirements for the sale of firearms and ammunition and reporting of firearm sales(Penal Code Section 12076), including the provisions of California Penal Code Sections 12070 and 12071, including but not limited to the statutory requirement that all thefts of firearms be reported within forty-eight hours of discovery to the sheriff(Penal Code Section 12071(b)(13)), and within thirty days of a written request by the director,provide proof of such compliance. (Ards. 2003-09 §4; 95-59§' 1.) SECTION V. Section 82-36.802 of the County Ordinance Code is amended to read: 82-36.802 Licensing authority. The director is designated as the local licensing agent for purposes of Penal Code Section 12071, relating to firearm sales. As the local licensing agent,the director will, as he or she deems necessary, administer applicable provisions relating to firearm sales(Penal Code Sections'12070, 12071)and establish guidelines for the issuance of local firearms dealer licenses in accordance with criteria established by Penal Code and as provided in Section 82-36.804. The applicant shall pay compensatory fees and costs for such permit as established by the board of supervisors pursuant to ORDINANCE NO. 2003-09 2 recommendation of the director. (Ords. 2003-09 §5; 95-59 § 1.) SECTION VI. Section 82-36.804 of the County Ordinance Code is amended to read: 82-36.804 Local firearms dealer licenses. In accordance with the provisions of Penal Code Section 12071, the director, as the local licensing authority,shall accept applications for and may grant licenses valid for one year(Penal Code Section 12071(a)(6))permitting the retail sale of firearms and ammunition in the unincorporated area of the county where otherwise allowed by the involved zoning district,provided that a written application containing the following is submitted to and approved by the director: (1) The name, age and address of the applicant; (2) The address of the proposed location for which the license is required,together with the business name, if any; (3) Proof of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease,license or other entitlement to operate at such location and the written consent of the owner of record of real property; (4) Proof of compliance with all federal and state licensing laws, including but not limited to the provisions of California Penal Code Section 12071 requiring reporting of thefts(Penal Code Section 12071 (b)(13)), and security storage requirements for each firearm(Penal Code Sections 1207 1(b)(14), 15,(c)(3)); (5) Proof of the issuance of a land use permit at the proposed location,or in the alternative,proof of compliance with the provisions of Section 82-36.204 for the establishment of a legal non- conforming use; (6) Information relating to licenses or permits relating to other weapons sought by the applicant from other jurisdictions, including but not limited to date of application and whether each application resulted in issuance of a license; (7) Information relating to every revocation of a license or permit relating to firearms, including but not limited to date and circumstances of the revocation; (8) Applicant's agreement to indemnify,defend, release and hold harmless the county, its officers, agents, and employees, from and against all claims, losses,costs, damages and liabilities of any kind,including attorney fees, arising in any manner out of the applicant's negligence or intentional or wilful misconduct; and ORDINANCE NO. 2003-09 3 (9) Payment of nonrefundable compensatory fees for administering this chapter in amounts to be established by resolution of the board of supervisors. (Orris. 2003-09 §6; 95-59 § 1.) SECTION VIL Section 82-36.806 of the County Ordinance Code is amended to read: 82-36.806 Conditions of approval. In addition to other requirements and conditions of this chapter, a firearms dealer license is subject to the following conditions,the breach of any of which is sufficient cause for revocation of the license by the director: (1) The business shall be carried on only in the building located at the street address shown on the license. (2) Compliance with all requirements of applicable state and federal law relating to firearm sales, including provisions relating to manner of delivery of firearms, age and identify requirements>for purchasers, storage of firearms,recording and reporting of firearms saps transactions, and posting of required notices on the premises (Penal Code Sections 12071, 12076). (3) Compliance with all requirements of applicable state and federal laws relating to firearms safety devices, including but not limited to Penal Code Sections 12087 through 12088.8. (4) The licensee shall maintain a record of all ammunition sales as provided in Article 82-36.10. (5) The license shall obtain and maintain any necessary local licenses, including a business license. (Ords. 2003-09 7; 95-59 § 1.) SECTION VIII. Section 82-36.808 of the County Ordinance Code is amended to read: 82-36.808 Grounds for license denial. The director may deny the issuance of a renewal of a firearm dealer's license when one or more of the following conditions exist: (1) The applicant is under twenty-one years of age; (2) The applicant is not licensed as required by federal, state and local law;' (3) The applicant has had a firearms permit or license previously revoked or denied for good cause within the immediately preceding two years; ORDINANCE NO. 2003-09 4 (4) The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a firearm dealer's license; or (5) The operation of the business as proposed would not comply with federal, state and county ordinances, including but not limited to the California Penal Code and applicable building and fire safety regulations. (Orris. 2003-09 §8; 95-59 § 1.) SECTION IX. Section 82-36.810 of the County Ordinance Code is amended to read: 82-36.810 Renewability of firearms dealer license. A firearms dealer license expires one year after the day of issuance. A license may be renewed for additional one-year periods upon the payment of the application fee and licensee's submission of a new written application for renewal which includes the information required by Section 82-36.804. Upon receipt of the fee and new application, the director will review the application and render a decision pursuant to the provisions of this article for initial license application. Such application for renewal must be received by the director no later than forty-five days before the expiration of the current license. (Ords. 2003-09 § 9; 95-59 § 1.) SECTION X. Section 82-36.1002 of the County Ordinance Code is amended',to read: 82-36.1002 Record of ammunition sales. No firearm dealer shall sell or otherwise transfer ownership of any ammunition without at the time of purchase recording the following information on a form to be prescribed by the director: the date of the transaction; the name, address and date of birth of the transferee; the transferee's driver's license or other identification number and the state in which it was issued;the brand,type and amount of ammunition transferred; and the transferee's signature. (Ords. 2003-09 § 10; 95-59 § 1.) SECTION XI. Section 82-36.1004 of the County Ordinance Code is amended to read: 82-36.1004 Inspection of records. The records required by this section shall be maintained on the firearm dealer's premises for a period of not less than two years from the date of the recorded transfer. These records are subject to inspection by the director at any time during normal business hours. (Ords. 2003-09 § 11;195-59 § 1.) SECTION XII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. ORDINANCE NO. 2003-09 5 PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors Board Chair and County Administrator By: [SEAL] Deputy TLG: WNUBoard of SupavisorsT'imrms ord amend#.wpd ORDINANCE NO. 2003-09 6 ORDINANCE NO. 2003-03 PROTECTING CONSUMER FINANCIAL INFORMATION The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of'the County Ordinance Code): SECTION 1. This ordinance amends Section 518-4.604(b)of the County Ordinance Code to clarify the manner in which notices may be sent to consumers and to correct'a typographical error. This ordinance also adds Section 518-4.604(d)to the County Ordinance Code to clarify the frequency with which notices must be sent to consumers. This ordinance also amends Section 518-4.602(b), Section 518-4.604(a), Section 518-4.606(a)and Section 518-4.606(b)to correct typographical errors. SECTION 11. Section 518-4.604(b)of the County Ordinance Code is amended to read: "(b) A financial institution shall provide written or electronic notices and consent acknowledgments required by this ordinance to consumers as separate documents that are easily identifiable and distinguishable from other documents that otherwise may be provided to a consumer. A notice provided to a member of a household pursuant to section 518-602 shall be considered notice to all members of that household unless that household contains another individual who also has a separate account with the financial institution. Such notices may be sent to the consumer with other notices required under the federal Gramm-Leach-Bliley Act." (Orris. 2003-03, §2; .2002-44,'§2; 2002-30, §2.) SECTION 111. Subsection(d)is added to Section 518-604 of the County Ordinance Code,to read: "(d) The notice required by this section should be issued to the consumer as frequently as is required by the federal Gramm-Leach-Bliley Act, 15 U.S.C. Section 6803(a). Unless revoked by the consumer,consent received from a consumer shall,as described in the notice,be deemed valid until such time as another notice is required to be sent to the consumer." SECTION IV. Section 518-4.602(b)of the County Ordinance Code is amended to read: . "(b) Nothing in this chapter shall prohibit a financial institution from marketing its own products and services or the products and services of others to the financial institution's own customers,provided no confidential consumer information is disclosed except as permitted by section 5184.606." (Ords. 2003-03, §2; 200244, §2; 2002-30, §2.) SECTION V. Section 518-4.604(a)of the County Ordinance Code is amended to read: "(a) Nothing in this chapter shall require a financial institution to provide a written notice to a consumer pursuant to section 518-4.602 if the financial institution does not disclose confidential consumer information to any nonaffiliated third-party or to any ORDINANCE NO. 2003-03 1 affiliate, except as provided in section 518-4.606." (Orris. 2003-03, §2;2002-44, §2; 2002-30, §2.) SECTION VI. Section 518-4.606(a)of the County Ordinance Code is amended to read: "(a) Section 518-4.602 shall not apply to information that is not personally identifiable to a particular person." (Orris. 2003-03, §2;2002-44, §2 2002-30, §2.) SECTION V11. Section 518-4.606(b)of the County Ordinance Code is amended to read: "(b) Section 518-4.602 shall not prohibit the release of confidential consumer information under the following circumstances:" (Orris. 2003-03, §2; 2002-44, §2; 2002- 30, §2.) SECTION VIII. EFFECTIVE DATE.This ordinance shall be effective 30 days after passage, and within 15 days of passage shall be published once with the names of the;supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED ON February 25, 2003 by the following vote: AYES: SUPERVISOR GIOIA, UILKEM, GERBER, GLOVER & DeSAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JOHN SWEETEN,Clerk of the Board of Supervisors and County Board Chair Administrator By .r 5 s�! 'Cf '-- [SEAL] Deputy H:\B of MI'mancial Nvacy OTd Amendment No 2.wpd ORDINANCE NO. 2003-03 2 PROOF OF PUBLICATION -----_,.._,. (2015.5 C.C.P.) a p>rt t st at'rneOr d , t. #. STATE OF CALIFORNIA tb)�i County of Contra Costa t shat�Q htiusa S+ on M t I am a citizen of the United States and a resident of the and o no ttr r i County aforesaid; I am over the age of eighteen years, �No.2003-03 acts and air ,Fot • t J ars to the n at last- and not a party to or interested :n the above-entitled FpROtECCIN{t aretrtsawn cd �rnata. r matter. F#NfiNCITt,#Nr'8AI4N pravfited r0 COn arrtttu V Thee ume n#armstlon is sa I am the Principal Legal Clerk of the Contra Costa Times, **"A o 1C.M."drof►ssa 4.001L x'sc�tI. rfar { !f 39##ow t 4,S G -44, xt1b 00! t2 a newspaper of general circulation, printed and published 0 Ing t e at• 52' � -�. ss21 - i at 2640 Shadelands Drive in the City of Walnut Creek, � a o , County of Contra Costa, 9459$. o�amt n add pmvls arra V.s�ctlo 6xa the Lounty 0 nanea (t of the unix n And which newspaper has been adjudged a newspaper of n enys=to, CV6 s general circulation b the Superior Court of the Count of ssCMN L This ordl- e ontra Costa, State of California, under the date of 6�nca ah "t o iMh, intha etiap- e October 22, 1934. Case Number 19764. Itua� oi011to Drownt manner n e a 0a to r con- W W may be C sumer ursu to se� The notice, of which the annexed its a printed copy (set in sent toconsiumers A tion iS f the fl type not smaller than nonpareil), has been published in etirrae hla g '36any1 ll doht i each regular and entire issue of said newspaper and not a�ti s+ct�0 tl eonsumar�rnat o to in any supplement thereof on the following dates,to-wit: to to ' party �at d quaney w whteh nota• s X t 6 d can. call must in 2 T 5 2.) ail in the year of 2003 8X40 and 9 n o # oi'Section poor cat I Th orror�'or'� ==Md to U. u I certify (or declare) under penalty of perjury that the S SON ii Seed sis• S "tai Seaton t'+La-4 2 10! foregoing is true and correct. L�Kt:) oi� the �courrar ti sha#I not app#Y to tMor• tt ,net# thMll at not par. Codi s W ;den Executed a Walnut Creek, Californi am le add to raeds s r I On this 10 ay of arc 003 tt{on sAhaflnmwc��s', t-,n C +g -110.sLa.) or ela rcn c #sqae rE L ssCTttMt YN �SeGction menta requN�n oY t�i• S141�ha o u - all .............. ....._... . . . .., ,:.... .°� .:...,... .:,,..... ardtnance to nsumers c amandadtoread, Signature separate�qQ. rmrs�tt tal", and hable p Section 31s 4.so2Contra Costa Times otmenis a as ocrt pro lett thera T rwise may F r f�Ndt#a#ecn- P 0 Box 414 proven to a 72n Mor. 12-ffl�-U rninlormat##oniundar Th Walnut Creek, CA 94596 mamker o sv eatld,°oi "ot0ml925> 935-2525 WUS iMn 016 a 31 - s , notice to i rna rs of ICTIVE ar Proof of Publication of: t hau r unl s a Ord[ (attached is a copy of the legal advertisement that atMjadual 0 er a shbaaiisott aPC h published) a-t svt 9 ch Ni uncal t u ad ones 1s a 2t my t ` tnotices n � or am HIS ar `"' a 'tus'n' 'i'tho tRa carrtr c costa xr mmho�,a papaP pub- Act.'� SS� � fishedln k�sGounty. #i 5 2.) K PASSEp ON February 38 Ct #, #� y00a3j by the follawinrt till d s ad d to Sectionif atr ern14 Cc Or-s;Car to to n 3 UIIL{„h SUPERVISOR yi C iR !'jP � N ML of ,by i t1.* On tjouW A K Nc NONNE ro #esu to a eonitumer 0 A s yy, AS y a elyeIs de 1 C"Ie"My� he S.M.u� Cc is St�ais3At Admintatrator Unsu rev©ins re• /s}#aAROtK¢aSAtl4N3£R 4.R."WHEMIM,� N 8 Board ET a, ba dlatn v # byrsj Btt€rTM Hi}R7ON Nt u t DaputY or notice isrn as is ta�#CCt r t be to the I'M M=701h 11y.2003k TO: BOARD OF SUPERVISORS ;•� �, �- Contra FROM: Gus Kramer, Assessor ,ag4�a . Costa' DATE: February 25,2003 T� � --- � County G►• t SUBJECT: Ordinance to Amend Chapter 66-6 of the County Ordinance Code SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: INTRODUCE ordinance amending Chapter 66-6 of the County Ordinance Code, to conform to the new time limits for property reassessment for disaster relief, set forth in California Revenue and Taxation Code Section 170 made by Section 3 of Chapter 407 of the Statutes of 2001, WAIVE reading, and FIX March 11, 2003 as the date for adoption. BACKGROUND: Chapter 66-6 of the County Ordinance Code provides assessment relief to certain taxpayers whose property is damaged or destroyed by misfortune or calamity which is the subject of a Governor- declared disaster. Relief, is provided for in California Revenue and Taxation Code Section 170. Provisions of the R&T Code Section, specifically filing deadlines, were changed by Section 3 of Chapter 407 of the Statutes of 2001. A few minor clarifying wording changes were also made (as in Sec. 3 of Chap 407 of Stats. 2001). The Proposed Ordinance merely amends Chapter 66-6 of the County Ordinance Code in order to conform to the more liberal time limits, and the minor clarifying word changesprovided for in the recent controlling legislation. The State Board of Equalization monitors County compliance to controlling legislation relating to Property Taxes. FISCAL IMPACT: The extension in time limits provided for in the recent legislation and adopted',by the Proposed Ordinance could possibly cause claims to be filed by eligible taxpayers who might otherwise not file timely claims. However, Governor-declared disasters are rare and damage to a taxpayer's property would have to exceed $10,000 for the property to be eligible for a reduced assessment. Since we can not predict when a disaster may occur, how many properties it might impact, or how devastating it might be, or how many more affected parties might apply for relief, potential loss to the County can not be quantified. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R OM NDATION OF BOARD COMMITTEE r APPROVE OTHER SIGNATURE(S`:`- R v. ACTION OF B A D ON ,1 r`s/{f 1' APPROVED AS RECOMMENDED )4— OTHER �j VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF UNANIMOUS(ABSENT THE BOARD OF SUPERVISORS ON THE DATE SHOWN. #. r'�'\f�'�;5,� ) AYES: NOES: ABSENT: ABSTAIN: Contact: ,r Cc: ATTESTED `~ i' .`n�E 2£.%- JOHN SWEETEN,CLERK O,F THE BOARD OFSUPERVISORS `J 1 �,...� L BY: 1A L ( ] t;a_s DEPUTY ORDINANCE NO. 2003-08 (Amending Ordinance Code Previsions on Reassessment of Damaged Property) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. Summary. This Ordinance amends Chapter 66-6, Reassessment of Damaged Property, of Division 66, Property Tax Procedures, of Title 6, Revenue and Taxation, of the Contra Costa County Ordinance Code to conform to changes to California Revenue and Taxation Code Section 170 made by Section 3 of Chapter 407 of the Statutes of 2001 [SB 1181 of 2001). All Ordinance Code sections not amended herein shall remain as prior to this Ordinance. SECTION 11. County Ordinance Code Section 66-6.602 is amended to conform to the new time limits of Section 3 of Chapter 407 of the Statutes of 2001, as follows: 66-6.602 Application for reassessment. An application for reassessment must be filed within twelve months of the Governor's proclamation that the area is in a state of disaster. Application for reassessment shall be made by delivering to the assessor a written request for reassessment. Such written request must show the condition and value, if any, of the property immediately after the damage or destruction, and the dollar amount of the damage. The applicant must verify the facts stated in the written request by executing the request under penalty of perjury and, if executed outside the State of California, verify the facts stated therein by affidavit. If no such application is made and the assessor determines that within the preceding twelve months a property has suffered damage caused by misfortune or calamity which may qualify the property owner for relief, the assessor shall provide the last known owner of the property with an application for reassessment. The property owner shall file the completed application within sixty days of the date of mailing of notification by the assessor but in no case more than twelve months after the occurrence of said damage. Upon receipt of a properly completed, timely filed application, the property shall be reassessed in the same manner as required in Section 66-6.604. (Ord. 82-39, amended by Ord. 2003-08.) SECTION Ill. County Ordinance Code Section 66-6.603 is amended to conform to the new time limits of Section 3 of Chapter 407 of the Statutes of 2001, as follows: 66-6.603 No application. If no application for reassessment is made, and if the assessor determines that within the preceding twelve months a property has suffered damage caused by misfortune or calamity, which may qualify the owner for relief under this chapter, the assessor may, with the approval of the board, reassess the property for which the approval was granted ORDINANCE NO. 2003-08 1 _........ ......... ......... ........ ............................................ .......... ......... _. .. ___ ........._. ..... .... ......... . . ................................................. as provided in Section 66-6.604 and notify the last known owner of the reassessment. (Ord. 82-39, amended by Ord. 2003-08.) SECTION IV. County Ordinance Code Section 66-6.606 is amended to conform to the new time limits of Section 3 of Chapter 407 of the Statutes of 2001, as follows: 66-6.606 Appeals. The assessor shall notify the applicant in writing of the amount of the proposed reassessment. The notice shall state that the applicant may appeal the proposed reassessment to the local assessment appeals board within six months of the date of mailing the notice. if an appeal is requested within the six month period, the board shall hear and decide the matter as if the proposed reassessment had been entered on the roll as an assessment made outside the regular assessment period. The decision of the board regarding the damaged value of the property shall be final, provided that a decision of the local' board regarding any reassessment made pursuant to this section shall create no presumption as regards the value of the affected property,subsequent to the date of damage. (Ord. 82-39, amended by Ord. 2003-08.) SECTION V. County Ordinance Code Section 66-6.610 is amended to conform to the new time limits of Section 3 of Chapter 407 of the Statutes of 2001, as follows: 66-6.610 Proration. The tax rate fixed for property on the roll on which the property so reassessed appeared at the time of the misfortune or calamity shall be applied to the amount of the reassessment as determined in accordance with this section and the assessee shall be liable for: (1) a prorated portion of the taxes that would have been due on the property for the current fiscal year had the misfortune or calamity not occurred, such proration to be determined on the basis of the number of months in the current fiscal year prior to the misfortune or calamity; plus, (2)a proration of the tax due on the property;as reassessed in its damaged or destroyed condition, such proration to be determined on the basis of the number of months in the fiscal year after the damage or destruction, including the month in which the damage was incurred. If the damage or destruction occurred after January 1 and before the beginning of the next fiscal year, the reassessment shall be utilized to determine the tax liability for the next fiscal year; provided, however, if the property is fully restored during the next fiscal year, taxes due for that year shall be prorated based on the number of months in the year before and after the completion of restoration. (Ord. 82-39, amended by Ord. 2003-08.) SECTION VI. This Ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper of general circulation published in this County. ORDINANCE NO. 2003-08 2 PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board and County Administrator By: Board Chair ORDINANCE NO. 2003-08 3