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Home My WebLink AboutMINUTES - 04281987 - T.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28, 1987 , by the following vote: AYES: Supervisors Powers, Torlakson, McPeak NOES: Supervisor Fanden ABSENT: Supervisor Schroder ABSTAIN: None --------------------------------------------------------------------- SUBJECT: Fire Suppression Benefit Assessment, East Diablo Fire Protection District The Board on April 21 , 1987 continued to this date the hearing on the fire suppression benefit assessment; for the East Diablo Fire Protection District. The Board at that time also extended to this date the period in which to submit protests. No one appeared to speak on the benefit assessment for the East Diablo Fire Protection District. Supervisor Sunne McPeak declared the public hearing closed. Supervisor Tom Torlakson advised that he had held town hall meetings in his District to inform the public of the need for the assessment benefit. He noted that there has been strong community support for the assessment. He stated that the protests received did not constitute 5 percent of the assessed valuation. Supervisor Torlakson commented on the volunteer nature of the East Diablo Fire Protection District, and recommended that the assessment benefit be adopted in the interests of public safety. Supervisor Nancy Fanden stated that since the Board had already agreed not to impose the assessment benefit for the Contra Costa County Fire Protection District, she would riot support adopting the assessment benefit for the other Fire Districts. Supervisor Sunne McPeak commented on the struggle to provide funding for the volunteer districts and advised that she would support the assessment benefit for the East Diablo Fire Protection District on that basis. Therefore, IT IS BY THE BOARD ORDERED that Ordinance 87-25 is ADOPTED, establishing a Fire Suppression Benefit Assessment for the East Diablo Fire Protection District. cc: East Diablo FPD County Administrator I hereby certify that this is a true and correct copy of Assessor ars ac'Vo,^, taken and entered on the minutes of the Treasurer-Tax Collector Board of Supervisors on the date shown. P"M1H.. "P1':'a� ,�;-z�`".':'?.C;,^E a, �rC!c?ri of the Board Of 5uP r'viscrS and County Administrator By , Deputy L It /" THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28, 1987 , by the following vote: AYES: Supervisors Powers, Torlakson, McPeak NOES: Supervisor Fanden ABSENT: Supervisor Schroder ABSTAIN: None SUBJECT: Fire Suppression Benefit Assessment, Oakley Fire Protection District The Board on April 21 , 1987 continued to this date the hearing on the fire suppression benefit assessment for the Oakley Fire Protection District. The Board at that time also extended to this date the period in which to submit protests. No one appeared to speak on the benefit assessment for the Oakley Fire Protection District. Supervisor Sunne McPeak declared the public hearing closed. Supervisor Tom Torlakson advised that he had held town hall meetings in his District to inform the public of 'the need for the assessment benefit. He noted that there has been strong community support for the assessment. He stated that the protests received did not constitute 5 percent of the assessed valuation. Supervisor Torlakson commented on the volunteer nature of the Oakley Fire Protection District, and recommended that the assessment benefit be adopted in the interests of public safety. Supervisor Nancy Fanden stated that since the Board had already agreed not to impose the assessment benefit for the Contra Costa County Fire Protection District, she would not support adopting the assessment benefit for the other Fire Districts. Supervisor Sunne McPeak commented on the struggle to provide funding for the volunteer districts and advised that she would support the assessment benefit for the Oakley Fire Protection District on that basis. Therefore, IT IS BY THE BOARD ORDERED that Ordinance 87-26 is ADOPTED, establishing a Fire Suppression Benefit Assessment for the Oakley Fire Protection District. e e: Oakley FPD I hereby certify that this is a true and correct copy of County Administrator an action taken and entered on the minutes of the Assessor Board of Supervisors on the date shown, Treasurer-Tax Collector AYTs=Ski=E?: � PHt- t AI-•H OR, Ckr_rllf of the Board Of S:.:pery€sass and Cs unly Administrator By -- , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28 , 1987 , by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: None ABSENT% Supervisor Schroder ABSTAIN: None ---------------------------------------------------------------------- SUBJECT: Fire Suppression Benefit Assessment, Riverview Fire Protection District The Board on April 21 , 1987 continued to this date the hearing on the fire suppression benefit assessment; for the Riverview Fire Protection District. The Board at that time also extended to this date the period in which to submit protests. Supervisor Sunne McPeak advised that the meeting was open for those individuals who had not had an opportunity to testify at the April 21 meeting. The following persons appeared and urged the Board to place the matter on the ballot to allow the taxpayers the opportunity to vote on it: Willard Milligan, 2803 Minta Lane, Antioch; and Alice Harris, 308 E. 13th Street, Antioch. The following persons spoke in opposition to the benefit assessment: Joan Dishang, P.O. Box 202, Sunol (owns property in Pittsburg) ; Regina Krogh, 1208 - 9th Street, Antioch; and Juanita Bartlet, 418 West 11th Street, Pittsburg. The following person did not speak but left comments for the record urging that the issue be placed on the ballot: Carmen Margola, Angeles Real Estate Management Co. , Antioch. All persons desiring to speak having been heard, the Chair declared the public hearing closed. Supervisor Tom Torlakson advised that the Cities of Antioch and Pittsburg are in support of the benefit assessment. He noted that there are developer fire facility fees already in place in both the Cities and the unincorporated area within the Riverview Fire Protection District, and those fees will be utilized for capital improvements in the District. Supervisor Torlakson proposed that the benefit assessment be adopted with a four year, sunset. He further recommended that a Citizens Task Force be appointed to review and resolve any problems associated with the benefit assessment and report back to the Board with recommendations as to a course of action at the end of the assessment period. Supervisor Torlakson offered his recommendations as a compromise motion. The motion died for lack of a second. Supervisor McPeak commented on the conflicting information and lack of communication with the public on the issue. 1 Supervisor Torlakson commented on the critical nature of the issue and the Board's responsibility as Fire Commissioners to provide public safety. He proposed that the Board adopt the benefit assessment at this time with a one year sunset, and also place the issue on the November 1987 ballot to allow the public to decide whether to continue the assessment. The motion died for lack of a second. Supervisor McPeak recommended that discussions be held with the Riverview Fire Protection District Board of Commissioners and representatives of the cities. Russ Greenlaw, representing United Professional Firefighters Local 1230, requested that the firefighters be included in such discussions or Citizens Task Force. Board members being in agreement, IT IS ORDERED that the County Administrator is REQUESTED to report to the Board on the pro- posed establishment of a Citizens Advisory Committee for the Riverview Fire Protection District to work with representatives of the District Board of Commissioners, the firefighters and the cities to develop a public educational program on the need for additional fire service facilities and equipment, in order to place this matter before the electorate. cc: County Administrator Riverview FPD Local 1230 1 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. ATTESTED: 0-p, r"O; ;; Of the Board c"z3�-e,"sOry aMi County Administrator By ISG.[+,s,�. � .o�+ , Deputy 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28 , 1987 , by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: None ABSENT: Supervisor Schroder ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Fire Suppression Benefit Assessment, Contra Costa County Fire Protection District The Board on April 21 , 1987 continued to this date the hearing on the fire suppression benefit assessment; for the Contra Costa County Fire Protection District. The Board at that time also extended to this date the period in which to submit protests. Supervisor Sunne McPeak advised that the meeting was open for those individuals who had not had an opportunity to testify at the April 21 meeting. The following persons appeared and urged that the issue be placed on the ballot: John Whalen, 1000 Ridge Park Drive, Concord; and Jean Musto, 602 W. Myrick Court, Clayton. The following persons appeared and opposed the benefit assessment: Bert Barstad, 674 Paso Nogal, Pleasant Hill; and Delos Mace, 302 Patterson Blvd. , Pleasant Hill. Supervisor McPeak noted for the record that a letter had been received from Terry A. Curtola, Jr. , Executive Vice President, Building Industry Association, 1280 Boulevard Way, #211 , Walnut Creek 94595 , expressing concerns about possible inequities in the assessment schedule. All persons desiring to speak having been heard, the Chair declared the public hearing closed. Supervisor McPeak recommended that the County Administrator be requested to report back to the Board on the matter of placing on the ballot the issue of a Fire Suppression Benefit Assessment for the Contra Costa County Fire Protection District, as well as the issue of the Contra Costa County Fire Protection District becoming an independent district. She also recommended that the County Administrator meet with the cities to review fire protection financing and the method of allocation of funds from the Special District Augmentation Fund. Board members being in agreement, IT IS ORDERED that the recommendations of Supervisor McPeak are APPROVED. 1 hereby certify that this Is a true and correctcopyo{ an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: 92tc4Z 0?8,, /QS,ry cc: County Administrator PHIL BATA M-on, Cleric of the Board CCC FPD of Supervisors and County Administrator i�CG"A By - ' , Deputy ORDINANCE NO. 87-26 AN ORDINANCE OF THE OAKLEY FIRE PROTECTION DISTRICT ESTABLISHING BENEFIT A ASSESSMENT TO FINANCE FIRE SUPPRESSION SERVICES The Board of Supervisors of Contra Costa County, as and constituting the Board of Directors of the Oakley Fire Protection District, ordains as follows: SECTION 1 : AUTHORIZATION AND PURPOSES. This ordinance and the benefit assessment authorized herein is adopted pursuant to Government Code §§ 50078 et seq. The purpose for which this benefit assessment is levied is to establish a :stable District source of funds to obtain, furnish, operate and maintain fire suppression equipment and services, and for the purpose of paying salaries and benefits of fire fighting personnel, whether or not fire suppression is actually used. SECTION 2: CURRENT FUNDING. Fire suppression services within this district are being funded by an allocation of property tax revenues and non-property tax revenues such as permit fees. SECTION 3 : DETERMINATION OF NECESSITY. The level of fire suppression services that can be provided by existing revenue sources have been determined to be inadequate to meet the current and future needs of this Fire District. SECTION 4 . LIMITATION UPON EXPENDING ASSESSMENT PROCEEDS. Any funds collected from the benefit assessment authorized by this ordinance shall be expended only for fire suppression services within the District. Any unexpended funds raised by the assessment remaining at the end of any fiscal year shall be carried over for the same purpose for the next fiscal year. SECTION 5 . DEFINITIONS. The following definitions shall apply throughout this ordinance: (a) "Assessment" shall mean the benefit assessment authorized by and imposed pursuant to this ordinance. (b) "Board" means the Board of Supervisors as the Board of Directors of the Oakley Fire Protection District. (c) "Commercial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 , 45, 46, 47, 48, 49 . (d) "Fiscal year" means the period of July 1 through the following June 30 . (e) "Industrial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 50, 51, 52, 53, 54, 55, 56, 57 , 58, 59 . ( f) "Institutional" means parcels assigned the following use codes by the Assessor of Contra Costa County: 70, 71, 72, 73, 74 , 75, 76, 77, 78, 79 . (g) "Land" means parcels assigned the following use codes by the Assessor of Contra Costa County: 60 , 61, 62 , 63, 64 , 65, 66, 67 , 68, 69 . ORDINANCE NO. 87-26 i (h) "Miscellaneous" means parcels assigned the following use codes by the Assessor of Contra Costa County: 80, 81, 82, 83, 84 , 85, 86, 87, 88, 89 , 99 . (i ) "Multiple" means residential parcels assigned the following use codes by the Assessor of Contra Costa County: 20, 21, 22, 23, 24, 25, 26, 27 , 28. ( j ) "Parcel of real property" or "parcel" means a separate parcel of real property and any improvements thereon, designated by an assessor' s parcel map and parcel number and carried on the secured property tax roll on Contra Costa County, or an assessment of the same property on the unsecured Contra Costa County tax rolls , or an assessment made by the state board of equalization. (k) "Residential parcel" means parcels assigned the following use codes by the Assessor of Contra Costa County. 10, 11, 12, 13, 14 , 15, 16, 17 , 18, 19, 29. (1) "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. The copy of the Assessor' s use code classification chart is attached hereto as Exhibit A and incorporated herein. SECTION 6 . AMOUNT AND LEVY OF ASSESSMENT. A benefit assessment to raise revenue to fund fire suppression services is hereby levied upon real property within the District for Fiscal Year 1987-88 at the amount of assessment set forth below for each parcel for the initial fiscal year ( 1987-88 ) . For subsequent fiscal years assessment will be levied as hereinafter provided. SECTION 7 . AMOUNT AND RATE OF ASSESSMENT. The amount and rate of assessment for initial and each subsequent fiscal year authorized by this ordinance on each parcel in the District shall be as follows : DESCRIPTION INITIAL ASSESS- MAXIMUM ASSESS- (Use Code) (Explanation) MENT PER PARCEL MENT PER PARCEL OAKLEY OAKLEY 1. Residential : 10 Vacant - Unbuildable $ 6. 50 $ 6. 50 11 Single Family Res - I res , 1 site $ 13. 00 $ 13. 00 12 Single Fam.Res . - -1 res 2 or more sites $ 13 . 00 $ 13. 00 13 Single Fam. Res. - 2 res on 1 or more sites $ 26. 00 $ 26. 00 14 Single Fam. Res . other than Sing. fam. land $ 13 . 00 $ 13. 00 15 Misc. improvements - 1 site $ 6. 50 $ 6. 50 16 Misc. improvements - 2 or more sites $ 6. 50 $ 6. 50 17 Vacant - 1 site $ 6.50 $ 6. 50 18 Vacant - 2 or more sites $ 13 . 00 $ 13. 00 19 Single Fam. Res . - det. w/common area $ 13. 00 $ 13. 00 29 Attached PUDs : Cluster homes , condos, etc. $ 13 . 00 $ 13. 00 -2- ORDINANCE NO. 87-26 1 Y 2 . Multiple: 20 Vacant - Multiple $ 6 . 50 $ 6. 50 21 Duplex $ 26.00 $ 26. 00 22 Triplex $ 26. 00 $ 26. 00 23 Fourplex $ 26. 00 $ 26.00 24 Combinations $ 26. 00 $ 26. 00 25 Apartments ( 5-12 units ) $ 65. 00 $ 65. 00 26 Apartments ( 13-24 units) $ 91. 00 $ 91. 00 27 Apartments (25-59 units ) $130.00 $130.00 28 Apartments ( 60+ units ) $130. 00 $130. 00 3. Commercial: 30 Vacant - commercial $ 6. 50 $ 6. 50 31 Commercial stores - not supermarkets $ 39 . 00 $ 39. 00 32 Small grocery stores ( 7-11, etc. ) $ 39 . 00 $ 39 . 00 33 Office Buildings $ 52.00 $ 52. 00 34 Medical, dental $ 52 . 00 $ 52. 00 35 Service stations , car wash $ 52 . 00 $ 52.00 36 Garages $ 52. 00 $ 52 . 00 37 Community Facilities (recreational, etc. ) $ 26. 00 $ 26. 00 38 Golf Courses $ 65. 00 $ 65. 00 39 Bowling Alleys $ 65. 00 $ 65. 00 40 Boat Harbors $ 78.00 $ 78. 00 41 Supermarkets (not in shopping centers ) $ 78. 00 $ 78. 00 42 Shopping Centers (incl. vacant for future) $ 91. 00 $ 91. 00 43 Financial Buildings (Ins . , Title, Banks , S&L) $ 52.00 $ 52.00 44 Motels, Hotels & Mobile Home Parks $ 65.00 $ 65. 00 45 Theaters $ 65. 00 $ 65. 00 46 Drive-in Restaurants $ 39 . 00 $ 39.00 47 Restaurants (Not Drive-in) $ 65. 00 $ 65. 00 48 Multiple & Commercial $ 65. 00 $ 65. 00 49 New Car Auto Agencies $ 65. 00 $ 65. 00 4 . Industrial • 50 Industrial Vacant Land (not indus . park) $ 65 . 00 $ 65. 00 51 Industrial Park $ 91. 00 $ 91. 00 52 Research & Development (w/ or w/o structures) $ 91. 00 $ 91. 00 53 Light Industrial $ 91.00 $ 91.00 54 Heavy Industrial $130 . 00 $130 . 00 55 -Unassigned $ 91. 00 $ 91. 00 56 Miscellaneous Improvements $ 91. 00 $ 91. 00 57 Unassigned $ 91. 00 $ 91.00 58 Unassigned $ 91. 00 $ 91. 00 59 Unassigned $ 91. 00 $ 91. 00 5. Land: 60 Unassigned ( Land) $ 13. 00 $ 13 . 00 61 Rural , Res . Improv. , lA - 10A $ 13. 00 $ 13. 00 62 Rural , w/ or w/o misc. struct. lA - 10A $ 13. 00 $ 13. 00 63 Urban Acreage 10A - 40A $ 26.00 $ 26. 00 64 Urban Acreage 40A & over $ 39 . 00 $ 39 . 00 65 Orchards/Vineyards 10A - 40A $ 13. 00 $ 13. 00 66 Orchards/Vineyards 40A & over $ 13. 00 $ 13. 00 67 Dry Farming 10A - 40A $ 26.00 $ 26. 00 -3- ORDINANCE NO. 87-26 68 Dry Farming 40A & over $ 39 . 00 $ 39 . 00 69 Agricultural Preserves $ 26. 00 $ 26. 00 6. Institutional : 70 Convalescent Hospitals/ Rest Homes $ 78. 00 $ 78.00 71 Churches $ 39. 00 $ 39. 00 72 Schools (Public or Private ) $ 65. 00 $ 65. 00 73 Hospitals $ 78. 00 $ 78. 00 74 Cemetaries/Mortuaries $ 39. 00 $ 39. 00 75 Fraternal & Service Organizations $ 52. 00 $ 52.00 76 Retirement Housing Complex $130 . 00 $130. 00 77 Cultural Uses ( Libraries ) $ 39 .00 $ 39 . 00 78 Parks & Playgrounds $ 13 . 00 $ 13. 00 79 Government Owned (Fed. , State, City, BART) 0 0 7. Miscellaneous: 80 Mineral Rights 81 Private Roads $ 6.50 $ 6.50 82 Pipelines & Canals $ 52 . 00 $ 52. 00 83 State Board Assessed $ 39 . 00 $ 39 .00 84 Utilities (Not Assessed by State Board) $ 39. 00 $ 39 . 00 85 Public & Private Parking $ 13. 00 $ 13. 00 86 Municipally Owned Properties 87 Common Area $ 26.00 $ 26.00 88 Mobile Homes $ 13 . 00 $ 13. 00 89 Other (Split Parcels in diff. tax code areas) $ 13. 00 $ 13. 00 99 Awaiting Assignment $ 13.00 $ 13. 00 SECTION 8 . SUBSEQUENT FISCAL YEAR ASSESSMENT. Prior to the end of each July, the Board shall levy an assessment pursuant to this ordinance upon parcels in the District for the next fiscal year in amounts not exceeding the foregoing maximum per parcel . SECTION 9. The assessment levied on each parcel pursuant to this ordinance shall be a charge upon the parcel and shall be due and collectable as set forth in Section 10 , below. A complete listing of the amount of assessment on each parcel shall be maintained by the Chief of the District and be available for public inspection at the District headquarters during the remainder of the fiscal year for which such assessment is levied. SECTION 10 . COLLECTION AND COUNTY COSTS. The County shall collect the benefit assessment adopted herein for the initial Fiscal Year 1987-88 and for subsequent fiscal years in the same manner , and subject to the same penalties as , other fees , charges, and taxes fixed and collected by, or on behalf of the District and Contra Costa County. For its collection cost, the County may deduct its reasonable costs incurred for that service before remittal of the balance to the District. SECTION 11 . CORRECTIONS, CANCELLATIONS AND REFUNDS . In so far as feasible and not inconsistant 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 valorim property taxes should be applicable to the collection of this assessment. Notwithstanding to anything to the contrary in the -4- ORDINANCE NO. 87-26 foregoing, as to any subsequent year assessment :Levied under this ordinance the secured roll tax bills shall be the only notices required. SECTION 12.. ASSESSMENT LIMITATIONS. (a) Assessor' s records. The records of the County Assessor as of March 1 of each year shall determine for the next fiscal year the use code designation for parcel assessment and whether a residential , commercial or industrial structure exists (and the size thereof) for the purposes of assessment pursuant to this ordinance. (b) Public property. The benefit assessment established by this ordinance shall not be imposed on a federal , state or local agency. (c) State Responsibility area. A benefit assessment shall not be levied for wild land or watershed fire suppression on land located in a state responsibility area as defined in Section 4102 of the Public Resources Code. (d) Agricultural lands. Benefit assessments levied on land devoted primarily to agricultural , timber, or livestock uses, and being used for the commercial production of agricultural, timber, or livestock products, shall be related to the relative risk to the land and its products pursuant to Government Code Section 50078.6 (b) . (e) Low value exemption. All parcels of real property which, prior to the levy of the benefit assessment allowed by this ordinance, are exempt from property tax pursuant to Revenue and Taxation Code § 155. 20 , shall be exempt from said benefit assessment. SECTION 13 . PROTEST. On April 21 and 28; 1987, the Board conducted public hearings on the establishment of the benefit assessment levied (and to be levied) by this ordinance. Any written protests filed with the Clerk of this Board prior to the hour of the notice of public hearing on the matter by those who will be obligated to pay the benefit assessment represent less than 5% of the total amount of expected revenue on the assessment. SECTION 14 . ELECTION. No election is required to approve the levying of the benefit assessment for fire suppression services authorized by this ordinance. SECTION 15 . SEVERABILITY. If any assessment or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not effect the validity or enforcebility of the remaining assessment or provisions of this ordinance-, and the Board declares that it would have adopted each part of this ordinance or other assessment irrespective of the invalidity of any other part or assessment. SECTION 16 . EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of Supervisors voting for or against it in the ANTIOCH DAILY LEDGER , a newspaper of general circulation published within the County and District. -5- ORDINANCE NO. 87-26 Y PASSED and ADOPTED on April 28, 1987 by the following vote. AYES: Supervisors Powers, Torlakson and McPeak NOES: Supervisor Fanden ABSENT: Supervisor Schroder ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 440 De u P Chairperson, Board of Supervisors lj��lak5a^'- Supervisor Supervisor Supervisor Supervisor -6- ORDINANCE NO. 87-26 ORDINANCE NO. 87-25 AN ORDINANCE OF THE EAST DIABLO FIRE PROTECTION DISTRICT ESTABLISHING BENEFIT A ASSESSMENT TO FINANCE FIRE SUPPRESSION SERVICES The Board of Supervisors of Contra Costa County, as and constituting the Board of Directors of the East. Diablo Fire Protection District, ordains as follows: SECTION 1: AUTHORIZATION AND PURPOSES. This ordinance and the benefit assessment authorized herein is adopted. pursuant to Government Code §§ 50078 et seq. The purpose for which this benefit assessment is levied is to establish a stable District source of funds to obtain, furnish, operate and maintain fire suppression equipment and services , and for the purpose of paying salaries and benefits of fire fighting personnel, whether or not fire suppression is actually used. SECTION 2 : CURRENT FUNDING. Fire suppression services within this district are being funded by an allocation of property tax revenues and non-property tax revenues such as permit fees . SECTION 3 : DETERMINATION OF NECESSITY. The level of fire suppression services that can be provided by existing revenue sources have been determined to be inadequate to meet the current and future needs of this Fire District. SECTION 4. LIMITATION UPON EXPENDING ASSESSMENT PROCEEDS. Any funds collected from the benefit assessment authorized by this ordinance shall be expended only for fire suppression services within the District. Any unexpended funds raised by the assessment remaining at the end of any fiscal year shall be carried over for the same purpose for the next fiscal year. SECTION 5 . DEFINITIONS . The following definitions shall apply throughout this ordinance: (a) "Assessment" shall mean the benefit assessment authorized by and imposed pursuant to this ordinance. (b) "Board" means the Board of Supervisors as the Board of Directors of the East Diablo Fire Protection District. (c) "Commercial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 30, 31, 32, 33, 34 , 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47 , 48, 49 . (d} "Fiscal year" means the period of July 1 through the following June 30. (e) "Industrial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 50 , 51, 52 , 53, 54 , 55, 56, 57 , 58, 59 . ( f) "Institutional" means parcels assigned the following use codes by the Assessor of Contra Costa County: 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 . (g) "Land" means parcels assigned the following use codes by the Assessor of Contra Costa County: 60 , 61, 62, 63, 64 , 65, 66, 67 , 68, 69 . ORDINANCE NO. 87-25 (h) "Miscellaneous" means parcels assigned the following use codes by the Assessor of Contra Costa County: 80, 81, 82, 83, 84 , 85, 86, 87 , 88, 89, 99 . (i ) "Multiple" means residential parcels assigned the following use codes by the Assessor of Contra Costa County: 20, 21, 22, 23, 24 , 25, 26, 27, 28. ( j ) "Parcel of real property" or "parcel" means a separate parcel of real property and any improvements thereon, designated by an assessor ' s parcel map and parcel number and carried on the secured property tax roll on Contra Costa County, or an assessment of the same property on the unsecured Contra Costa County tax rolls , or an assessment made by the state board of equalization. (k) "Residential parcel" means parcels assigned the following use codes by the Assessor of Contra Costa County. 10 , 11, 12 , 13, 14, 15, 16, 17 , 18, 19, 29 . (1) "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. The `copy of the Assessor' s use code classification chart is attached hereto as Exhibit A and incorporated herein. SECTION 6 . AMOUNT AND LEVY OF ASSESSMENT. A benefit assessment to raise revenue to fund fire suppression services is hereby levied upon real property within the District for Fiscal Year 1987-88 at the amount of assessment set forth below for each parcel for the initial fiscal year ( 1987-88) . For subsequent fiscal years assessment will be levied as hereinafter provided. SECTION 7 . AMOUNT AND RATE OF ASSESSMENT. The amount and rate of assessment for initial and each subsequent fiscal year authorized by this ordinance on each parcel in the District shall be as follows : DESCRIPTION INITIAL ASSESS- MAXIMUM ASSESS- (Use Code) (Explanation) MENT PER PARCEL MENT PER PARCEL EAST DIABLO EAST DIABLO 1. Residential : 10 Vacant - Unbuildable $ 7. 25 $ 7 . 25 11 Single Family Res - 1 res, 1 site $ 14. 50 $ 14 .50 12 Single Fam.Res. - 1 res 2 or more sites $ 14 . 50 $ 14 . 50 13 Single Fam. Res . - - 2 res on 1 or more sites $ 29. 00 $ 29 . 00 14 Single Fam. Res . other than Sing. fam. land $ 14. 50 $ 14.50 15 Misc. improvements - 1 site $ 7 . 25 $ 7 . 25 16 Misc. improvements - 2 or more sites $ 7.25 $ 7 . 25 17 Vacant - 1 site $ 7 . 25 $ 7 . 25 18 Vacant - 2 or more sites $ 14 . 50 $ 14 . 50 19 Single Fam. Res. - det. w/common area $ 14. 50 $ 14.50 29 Attached PUDs : Cluster homes , condos, etc. $ 14 . 50 $ 14 . 50 2 . Multiple• 20 Vacant - Multiple $ 7 . 25 $ 7 .25 21 Duplex $ 29.00 $ 29 .00 -2- ORDINANCE NO. 87-25 22 Triplex $ 29 . 00 $ 29.00 23 Fourplex $ 29.00 $ 29. 00 24 Combinations $ 29. 00 $ 29. 00 25 Apartments ( 5-12 units ) $ 72. 50 $ 72 . 50 26 Apartments ( 13-24 units ) $101.50 $101.50 27 Apartments ( 25-59 units) $145. 00 $145 . 00 28 Apartments ( 60+ units ) $145.00 $145.00 3. Commercial : 30 Vacant - commercial $ 7 . 25 $ 7 .25 31 Commercial stores - not supermarkets $ 43. 50 $ 43. 50 32 Small grocery stores (7-11, etc. ) $ 43. 50 $ 43. 50 33 Office Buildings $ 58.00 $ 58. 00 34 Medical, dental $ 58. 00 $ 58. 00 35 Service stations , car wash $ 58. 00 $ 58. 00 36 Garages $ 58. 00 $ 58. 00 37 Community Facilities (recreational, etc. ) $ 29 . 00 $ 29 . 00 38 Golf Courses $ 72 .50 $ 72 .50 39 Bowling Alleys $ 72. 50 $ 72. 50 40 Boat Harbors $ 87. 00 $ 87 . 00 41 Supermarkets (not in shopping centers ) $ 87.00 $ 87.00 42 Shopping Centers (incl. vacant for future ) $101. 50 $101.50 43 Financial Buildings (Ins . , Title, Banks , S&L) $ 58.00 $ 58. 00 44 Motels, Hotels & Mobile Home Parks $ 72.50 $ 72 .50 45 Theaters $ 72. 50 $ 72 . 50 46 Drive-in Restaurants $ 43 .50 $ 43.50 47 Restaurants (Not Drive-in) $ 72. 50 $ 72. 50 48 Multiple & Commercial $ 72 .50 $ 72 . 50 49 New Car Auto Agencies $ 72. 50 $ 72. 50 4 . Industrial : 50 Industrial Vacant Land (not indus . park) $ 72 .50 $ 72 .50 51 Industrial Park $101 . 50 $101. 50 52 Research & Development (w/ or w/o structures) $101. 50 $101. 50 53 Light Industrial $101. 50 $101.50 54 Heavy Industrial $145. 00 $145. 00 55 Unassigned $101.50 $101.50 56 Miscellaneous Improvements $101. 50 $101. 50 57 Unassigned $101.50 $101.50 58 Unassigned $101. 50 $101. 50 59 Unassigned $101.50 $101.50 5 . Land: 60 Unassigned (Land) $ 14 . 50 $ 14.50 61 Rural , Res . Improv. , lA - 10A $ 14.50 $ 14 . 50 62 Rural , w/ or w/o misc. struct. lA - 10A $ 14 . 50 $ 14 . 50 63 Urban Acreage 10A - 40A $ 29. 00 $ 29 . 00 64 Urban Acreage 40A & over $ 43. 50 $ 43. 50 65 Orchards/Vineyards 10A - 40A $ 14 .50 $ 14.50 66 Orchards/Vineyards 40A & over $ 14. 50 $ 14.50 67 Dry Farming 10A - 40A $ 19.00 $ 29.00 68 Dry Farming 40A & over $ 43. 50 $ 43. 50 69 Agricultural Preserves $ 29.00 $ 29. 00 -3- ORDINANCE NO. 87-25 6. Institutional: 70 Convalescent Hospitals/ Rest Homes $ 87. 00 $ 87.00 71 Churches $ 43. 50 $ 43. 50 72 Schools (Public or Private ) $ 72 . 50 $ 72 . 50 73 Hospitals $ 87.00 $ 87.00 74 Cemetaries/Mortuaries $ 43. 50 $ 43.50 75 Fraternal & Service Organizations $ 58. 00 $ 58.00 76 Retirement Housing Complex $145.00 $145.00 77 Cultural Uses (Libraries ) $ 43 . 50 $ 43.50 78 Parks & Playgrounds $ 14. 50 $ 14 . 50 79 Government Owned (Fed. , State, City, BART) 7 . Miscellaneous: 80 Mineral Rights 0 0- 81 Private Roads $ 7 .25 $ 7. 25 82 Pipelines & Canals $ 58. 00 $ 58. 00 83 State Board Assessed $ 43 .50 $ 43.50 84 Utilities (Not Assessed by State Board) $ 43.50 $ 43.50 85 Public & Private Parking $ .14 . 50 $ 14. 50 86 Municipally Owned Properties 87 Common Area $ 29.00 $ 2400 88 Mobile Homes $ 14 . 50 $ 14 . 50 89 Other (Split Parcels in diff. tax code areas ) $ 14 . 50 $ 14 .50 99 Awaiting Assignment $ 14 .50 $ 14 .50 SECTION 8 . SUBSEQUENT FISCAL YEAR ASSESSMENT. Prior to the end of each July, the Board shall levy an assessment pursuant to this ordinance upon parcels in the District for the :next fiscal year in amounts not exceeding the foregoing maximum per parcel. SECTION 9. The assessment levied on each parcel pursuant to this ordinance shall be a charge upon the parcel and shall be due and collectable as set forth in Section 10 , below. A complete listing of the amount of assessment on each parcel shall be maintained by the Chief of the District and be available for public inspection at the District headquarters during the remainder of the fiscal year for which such assessment is levied. SECTION 10. COLLECTION AND COUNTY COSTS. The County shall collect the benefit assessment adopted herein for the initial Fiscal Year 1987-88 and for subsequent fiscal years in the same manner, and subject to the same penalties as , other fees , charges, and taxes fixed and collected by, or on behalf of the District and Contra Costa County. For its collection cost, -the County may deduct its reasonable costs incurred for that service before remittal of the balance to the District. SECTION 11 . CORRECTIONS, CANCELLATIONS AND REFUNDS. In so far as feasible and not inconsistant 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 valorim property taxes should be applicable to the collection of this assessment. Notwithstanding to anything to the contrary in the foregoing, as to any subsequent year assessment levied under this ordinance the secured roll tax bills shall be the only notices required. -4- ORDINANCE NO. 87-25 SECTION 12. ASSESSMENT LIMITATIONS. (a) Assessor' s records. The records of the County Assessor as of March 1 of each year shall determine for the next fiscal year the use code designation for parcel assessment and whether a residential , commercial or industrial structure exists (and the size thereof) for the purposes of assessment pursuant to this ordinance. (b) Public property. The benefit assessment established by this ordinance shall not be imposed on a federal., state or local agency. (c) State Responsibility area. A benefit assessment shall not be levied for wild land or watershed fire suppression on land located in a state responsibility area as defined in Section 4102 of the Public Resources Code. (d) Agricultural lands . Benefit assessments levied on land devoted primarily to agricultural, timber, or livestock uses, and being used for the commercial production of agricultural, timber, or livestock products , shall be related to the relative risk to the land and its products pursuant to Government Code Section 50078.6 (b) . (e) Low value exemption. All parcels of real property which, prior to the levy of the benefit assessment allowed by this ordinance, are exempt from property tax pursuant to Revenue and Taxation Code § 155 . 20, shall be exempt from said benefit assessment . SECTION 13 . PROTEST. On April 21 and 28, 1987, the Board conducted public hearings on the establishment of the benefit assessment levied (and to be levied) by this ordinance. Any written protests filed with the Clerk of this Board prior to the hour of the notice of public hearing on the matter by those who will be obligated to pay the benefit assessment represent less than 5% of the total amount of expected revenue on the assessment. SECTION 14. ELECTION. No election is required to approve the levying of the benefit assessment for fire suppression services authorized by this ordinance. SECTION 15 . SEVERABILITY. If any assessment or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not effect the validity or enforcebility of the remaining assessment or provisions of this ordinance, and the Board declares that it would have adopted each part of this ordinance or other assessment irrespective of the invalidity of any other part or assessment. SECTION 16 . EFFECTIVE DATE. This ordinance shall become effective- 60 days after passage, and within 15 days of passage, shall be published once with the names of Supervisors voting for or against it in the ANTIOCH DAILY LEDGER , a newspaper of general circulation published within the County and District. -5- ORDINANCE NO. 87-25 t 1 _► 1 • 7 PASSED and ADOPTED on April 28, 1987 by the following vote. AYES: Supervisors Powers, Torlakson and McPeak NOES: Supervisor Fanden ABSENT: Supervisor Schroder ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Deput Chairperson, Board of Supervisors Supervisor rA Sup rvisor Supervisor Supervisor -6- ORDINANCE NO. 87-25 • L � i sa C 1/ 7• V 2 /A O A t0 O -4 N W N p N Y -• 1p N O p N A A N < C••E �!.+ N_'D A Y N••• N A Oto 2 A V A s.O f A b •A r r 7 • r N•pp •_ 1 7 w �� O 1� • d h O >•^ C MOM n »a R O r » r< 1 SI A A 7 N A O A o A 7/ N 1. w r 1 C /;v 7 w .•�A i /O 9 r » A H » + � _N D _�i 1 11� AAO • N 1 1 N s � �Y A �;.. »O Or N» 1�w N A » rQ A N•7 N 7 •• i O R 1 O r • •v w r_ic •• o» r, tD /1 r.[r » r 1 N f1 ' s • » A 70.. N O • a• N •• O i A • 11,1 ? r'•• p � 1 C A^A »A O •»i�A A A � r N-?/ � •N • �r » j M w N 1 [ r21 ��+ ✓ r 3 P 4 N `I•r ✓ A[•� 'J 0 .. • po A.1 w.rs �.r� sils w .� ' .. ... rr�0•i AN 07 A 9 2 • .77 R 3 Hi Mpp• A �• C CCA +� OA 10 ppppO AIO •A.O _ 7 j 1� ..N.♦ 7 R a1NA ! 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