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HomeMy WebLinkAboutMINUTES - 10212003 - SD2 TO: (BOARD OF SUPERVISORS Contra FROM: Millie Greenberg, Supervisor District III ,4... costa DATE: October 7,2003 county SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL 15b.2. TAXES FOR COUNTY SERVICE AREA P-2(ZONE A) (BLACKHAWK),RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): 1. Adopt the Resolution authorizing an election for County Service Area P-2 (Zone A) (Resolution No. 2003/555), 2. Adopt the Ordinance authorizing an increased special tax for police protection services in County Service Area P-2 (Zone A) (Ordinance No. 2003-31). 3. Direct the County Clerk to conduct the election required by Government Code sections 23027 and 53978. This election shall be held at the time of the primary election on March 2, 2004. FISCAL IMPACT: The cost of the election will be charged to the subject special tax levy or other available funds of CSA P-2 (Zone A). The Elections Department has advised that the election costs would be approximately$5,000, unless the Gubernatorial Recall Election is also held on March 2, 2004, in which case the costs would rise to a significantly higher, but currently unknown, amount. CONTINUED ON ATTACHMENT: X YES SIGNAT . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 21 2001 APPROVED AS RECOMMENDED OTHER Speaker: Howard Adler, P-2A County Service District, 38 Tennis Club Drive, Danville. VOTE OF SUPERVISORS --X—UNANIMOUS (ABSENT THEREBY CERTIFY THAT THIS IS A TRUE AND AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND ENTERED IN THE MINUTES OF THE BOARD OF ABSENT: _ ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ATTESTED October 21 2003 JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Orig:District III Supervisor's Office Contact: Lt.tvllke Newman(736-=0118) DEPUTY cc: County Administrator Sheriff-Coroner Assessor Clerk,Elections Dept. Auditor Tax Collector County Counsel -To: Board of Supervisors From: Milne Greenberg,Supervisor District Ili Date: October 7,2003 Re: HEARING ON PROPOSED POLICE SERVICE SPECIAL_TAXES FOR COUNTY SERVICE AREA P-2(ZONE A)(BLACKHAWK),RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION Page 2 of 2 BACKGROUNDIREASON(S) FOR RECOMMENDATION(Sh The Blackhawk Police Advisory Committee for County Service Area P-2 (Zane A) is proposing a tax increase measure for the March 2, 2004 ballot. If passed by a two-thirds majority of the electorate, the measure would provide additional funding for police protection within the boundaries of this County Service Area, which will allow Blackhawk to continue with its present level of police service from 2005 through 2011. If there is no additional revenue, the P-2A Board will be forced to reduce coverage by one Officer in 2005. The Blackhawk Committee for Ongoing Police Service has been actively promoting the proposed measure in the community, and presentations regarding the tax increase proposal have been made to various groups, including the Blackhawk Homeowners Association. There has been no significant opposition voiced during the ongoing promotional campaign. The Committee for Ongoing Police Service is continuing in its efforts to promote the tax increase proposal and to assemble sponsors who are known for their contributions to the Blackhawk community to be listed on promotional mailings to be sent during the election campaign if the measure is placed on the ballot. CONSEQUENCES OF NEGATIVE ACTION: Failure to take action would negate the Committee's effort to put the measure before the electorate on the March 2, 2004 ballot. H:1CSA P-2MBD-ORDER.wpd THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA SUBJECT: Authorizing Election for an Increase ) in a Special Tax on Secured Roll } RESOLUTION NO. 2UO3/555 Property in Order to Provide } (Govt. +fade �� ��, 53978} Additional Funding for Police ) Protection in CSA P-2 Gone A) ) (Blackhawk) ) The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board recognizes the need for increased extended police services in,Zone A of the County Service Area P-2 and the difficulty of funding the current or increased level of services by revenues now available. Government Code sections 23027, 50077 and 53978 establish procedures for voter authorization of a special property tax in order to provide additional handing for police protection. This Board has adopted on this date Ordinance No. 2003-31 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 County Service Area P-2 (Zone A) at the primary election to be held March 2, 2004 according to the following ballot proposition: "Shall Ordinance 2003-31 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax increase on property located in County Service Area P-2 (Zone A), from a maximum of$178 to a maximum of$270 per parcel for residential property(single and multiple), from a maximum of$978 to a maximum of$1620 per parcel for commercial/industrial/institutional property, and from a maximum of $4818 to a maximum of$8100 per parcel for commercial/theater property, in order to provide additional funding for police protection service`" The Contra Costa County Registrar of Voters is designated as the Election Official for election, and the County Clerk, Elections Division., is hereby authorized and directed to provide all notices and take all other actions necessary to holding the aforenoted election including, but not limited to, providing notices of times within which arguments for and against are to be submitted. Passed and Adopted on October 21 2003 , 2003 by the following Supervisors vote: UNANIMOUS (ABSENT) AYES: _ NOES: _ ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: s ATTESTED: (date) s,s` -:iu>� JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator .I Deputy i t� Brig: District III Supervisor's office / Contact: Lt.Mike Newman(736-1018) ,. cc: County Administrator Sheriff-Coroner Assessor Clerk,Elections Dept. Auditor Tax Collector County Counsel RESOLUTION NO.2003/555 ORDINANCE NO. 2003-31 (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. 95-55 of the County Ordinance Code is amended to read as follows: ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to authorize the levey of a tax on parcels of real property on the secured property tax role 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 legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue 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 revenue 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 service expenses(including the election costs for approval of this and similar ordinances) as are deemed necessary. ARTICLE II. 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. 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 Cade 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, 13, 14, 15, 17, 19, 29, 61, 62, 88. ORDINANCE NO, 2003-31 1 6. "Small Multiple Residential"means parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property 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, 75, 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 Cade" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to their 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. I. The tax per year on each parcel in Zone A of County Service Area P-2 shall not exceed the following amount for the applicable Property Use Category: Propea Use Category Amount of Tax Per Parcel 1. Single Residential $ 270 2. Small Multiple Residential $ 270 3. Large Multiple Residential $ 270 4. Commercial/Industrial/Institutional $ 1620 5. Commercial/Theater $ 8140 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. 3. The taxies 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. ORDINANCE NO. 2003-31 2 2. Collection. The tax 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 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. 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 within 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 of County Service Area P-2 in an election to be held March 2, 2004 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2004. This Ordinance supersedes Ordinance 81-16 in its entirety as to Zone A of County Service Area P-2 to allow the leveraging of the increased amount of taxes commencing July 1, 2004. PASSED ON OMBER 21 2003 by the following vote: AYES: S7PEMSORS GIOIA, USA, GREUMM, MMM and nESA[IMM NOES: N= ABSENT: NM ABSTAIN: NM ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County card Chair Administrator _ [SEAL] ."-/-Deputy ORDINANCE NO. 2003-31 3 ORDLVNM 2003-31 6 SS7 ffi CYC 4s ` • 4in c .-I N3' f Lot cot� t�i E = cot� � c7at'g' a� E 7 E c F E � N a ° LU � CJ � ' N �� � tit o N c Vim) ? 3 co m U X c -1x o a n o N Ci.^ it d 0 a. `m +s a) c mN v; umi mCL ss cu (7 d N gyCL m. d„ .� C29 O m cz 6 it U 2 CL i Ft �`i1 C CV C7 N O f] a) °cL m CL cit �i u)d ca $ m w C 2 m iF m d ti ~ c7 co C.5; m rn 0 Z m a? o m 4 m ar ,v �.ri. 2 Lnd o� a aNi N ccrn� vy ru a cn C) ;u `ro m C� vi U m m 0 E 3 a E N'V .G »� Y �• 3 ._ Cumcn I :N ao ot > ai o'd atS p d< cfj 0ca'a N ✓c Y � N Z N - to 2`r vl i II L71 'a m {; C5Y C ,rL c u o c7 o ca .o-E 0 -2 L do LL a: o Q 2 mom`' 2 m� ciao m O ya. © mmo u 'NC vm a a CL d N o cn m o Qy 4 o a ° m do a ° co rL 00 1 m rn rn� in CC a out rn - co �v m >f)� erco�> t)Ci to ILL a (D!a CL o d� a's r � �s o y a O r v, m C o 1 a > > 1�Fi! iLaa> ar cm zr z� f 0 min uo) M=7i c a m tW y U LI 0 cm 7 O.N N N -' > 'yt 'O m CS„rm O O to u 0 G2. �`rte- a ' J y �iS QS C - ;t7 2f •- O L I it�tc o m `p � vi °� y Gm c a cnm cv m m a u C7LL m ami a`r 0 `mom C y o us cmiy N df a? 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Uma m m E rnN N er ata U a N may m N o a �? y �_ C O a C L N CL N ¢t U U m U a5 vi 0 r 5� t7tS toC�cn rhe rri ati . .0 1 1 CL C13 N � N_ O Z � U) O m o c �' m �r o i� zr N ui A m's m 40,.0 � ar � � F v to o m N .� 'C t1) O w ^ -•� _ v _ tSF Z C) > o ci m vNi o `c o Luto=g c�vaiC�. c aC3C7> v LY C7 til Z 1t3 U) tiJ G7 S d {) C] E !U tts. lY its 0 O V1 d 11)C)`+ 3 0 rt rf 11 !r J( REQUEST To BRRAX FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the .box near the speakers' rostrum before addressing the Burd. Name: 42 UIA C� / 1 Phone* c` I Address: t %nn i s 1 City: FbprLL I an speaking for myself or organization: � _ (name of organization) CgRCX 0": I wish to speak on Agenda Item # mate: My comments will be: general for ��- against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: