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HomeMy WebLinkAboutMINUTES - 05261987 - T.3 a T 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on May 26 , 1987 , by the following vote: NYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: Supervisor Schroder ABSENT: None ABSTAIN: None SUBJECT: Reconsideration of the Action of the Board Relative to the Establishment of a Benefit Assessment for the Riverview Fire Protection District The Board on May 5 , 1987 fixed this time to reconsider its action on April 28 , 1987 requesting the County Administrator to report to the Board on the feasibility of establishing a Citizens Advisory Committee for the Riverview Fire Protection District to develop a public education program on funding for fire services and subsequent placement of this matter before the electorate in the November 1987 election. In compliance with the instructions of the Board on May 5, 1987, the County Administrator submitted his report (copy attached and included as a part of this document) on issues raised at the hearings of April 21 and April 28 , 1987 on the establishment of a benefit assessment for the Riverview Fire Protection District. Supervisor Torlakson spoke in support of establishing a benefit assessment for the Riverview Fire Protection District. He suggested establishing the fee now and also holding an advisory election in November. He noted that the first year the fee is imposed would only cost $15 per household. Supervisor Schroder expressed concern that if fire- fighters are hired and equipment purchased based on the Board establishing the assessment, these firefighters would be laid off if the electorate did not support the assessment. He advised that he is not doubting the need for additional fire service to resi- dents in the Riverview Fire Protection District, but expressed support for allowing the voters to state their preference on the establishment of this fire assessment through the election process. The Board agreed to take brief comments on the benefit assessment. The following persons spoke in opposition to the estab- lishment of the assessment: Wilhelmina Andrade, 1814 Geneva Lane, Antioch; Alice Harris, 308 E. 13th Street, Antioch; Willard Millican, 2803 Minta Lane, Antioch; and Sharon Donithan, 4716 Eisenhower, Antioch. Henry Clarke, General Manager, Contra Costa County Employees Association, Local 1 , supported the position of Supervisors Torlakson and urged the Board to establish the benefit assessment. The Chair noted that written comments were received from Donald L. Christen, Executive Vice President, Contra Costa Taxpayers Association, recommending the placement of the matter before the electorate. 1 The Board received a letter, dated May 12 , 1987, from Terry A. Curtola, Jr. , Executive Vice President, Building Industry Association, 1280 Boulevard Way, *211 , Walnut Creek 94595, express- ing support for the establishment of the benefit assessment. Board members discussed the matter. Supervisor Torlakson advised of his discussions with various groups who would be willing to serve on a Riverview Fire Protection District Service League. Supervisor Fanden advised that she has been convinced of the need for this benefit assessment for the Riverview Fire Protection District and therefore would be supporting it. Supervisor Schroder advised that he would be opposed to establishing the benefit assessment prior to submission of this matter to the electorate in the Riverview Fire Protection District. There being no further discussion, IT IS BY THE BOARD ORDERED that Ordinance No. 87-39 establishing the Fire Suppression Benefit Assessment is APPROVED. (The Board unanimously agreed to waive reading of the ordinance. ) IT IS FURTHER ORDERED that this issue is to be placed on the November 1987 ballot as an advisory measure, and the County Administrator is REQUESTED to prepare the ballot language for approval by the Board. IT IS FURTHER ORDERED that the report of the County Administrator is APPROVED and the County Administrator is DIRECTED to work with the Fire Chief of the Riverview Fire Protection District to establish a Citizens Advisory Committee to develop a public education and information program on the benefit assessment. 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: P7 PHIL BATCH. OR, Clerk of the Board of Supervisors and County Administrator gy a /1� , Deputy tl cc: County Administrator Chief, Riverview FPD Elections TO: BWRD OF SUPERVISORS FROM: PHIL BATCHELOR, County Administrator VIJI llra lJV.7lQ DATE: May 21 , 1987 CW* suBJEc•r: BOARD OF SUPERVISORS REFERRALS RELATED TO FIRE DISTRICT BENEFIT ASSESSMENT ISSUES SPECIFIC REQUEST(S) OR RECa44ENDATION(S) & BACKGROUND AND JUSTIFICATION REC01NRUMATION. APPROVE the report of: the County Administrator regarding various Board referrals related to Fire District Benefit Assessments as discussed below and consider whether to approve a benefit assessment for the Riverview Fire District or call an election. BACKGROUND/REASONS FOR RECOMMENDATION: On April 21 , 1987 your Board held a hearing which was continued until April. 28, 1987 on the proposal to establish a benefit assessment for the East Diablo, Oakley, Riverview and Contra Costa County Fire Protection Districts. At the conclusion of the hearing on April 28 , 1987 , your Board approved a benefit assessment for the East Diablo and Oakley Fire Protection Districts and rejected the proposed fee for Contra Costa Country and Riverview Fire Protection Districts. On May 5 , 1987 the issue of the assessment for the Riverview Fire Protection District was reconsidered with a deferral on final action until May 19, 1987 ( subsequently rescheduled for May 26 , 1987) . In connection with the discussion of the benefit assessment issue during the April 28 , 1987 hearing and the May 5, 1987 Board meeting, a number of referrals were made to this office. Presented below is a discussion of the various referrals: 1. Election to approve benefit assessment for Contra Costa County Fire E?rotection District: On May 14, 1987 Supervisor McPeak, Supervisor T.orlakson, County and District staff met with representatives of the faire fighters ' union and the majority of the cities served by Contra Costa County and Riverview Fire Protection Districts to discuss the concept of an election to approve the benefit assessment for Contra Costa County Fire. The Board members and County staff present at the meeting indicated that an election on the assessment issue CONTINUED ON ATTACHMENT: _ YES SIGNATURE: J �{ RECOMMENDATION OF COUNT' ADMINISTRATOR RECOMMENDATION OF BOAAD COMMITTEE APPROVE OTHER SIGNATURE(S1: a Board of Supervisors Referrals Related to Fire District Benefit Assessment Issues would not occur unless interested parties, particularly the cities, approved the benefit assessment concept. At the suggestion of the City of Concord, it was agreed that the City Managers and County Administrator would meet to discuss the creation of a committee to work toward gaining the approval and support of the cities for an election on the benefit and assessment issue. It is recommended that your Board approve the suggestion for the establishment of a committee to work toward gaining the support of the cities for an election on the assessment issue. 2. Election on the issue of Contra Costa County Fire becoming an independent district: This issue was discussed at the May 14, 1987 meeting and, with the exception of the fire fighter representatives, there seemed to be little interest in pursuing this issue. At least one city representative strongly urged that this issue be deferred until such time as the fire district fire fighter staffing shortages are corrected. It is recommended that this issue be referred to the city/county committee recommended in Item 1 for consideration and recommendation to the Board of Supervisors. 3 . Request the County Administrator to meet with cities to review district financing and allocation of the Special District Augmentation Fund: County and fire district staff presented information at the May 14, 1987 meeting on the creation of the augmentation fund, the fund distribution process and an example of the source and distribution of the funds in a typical year. 4. Report to the Board on a proposed Citizens ' Advisory Committee for Contra Costa County and Riverview Fire to work with fire commissioners, fire fighter's and cities to develop a public education program to make residents aware of the need for additional fire personnel, equipment and facilities prior to submitting the issue(s) to the voters: It is recommended that this item be combined with Item No. 1 in that a public education program should be; part of the activity of gaining city support for the benefit assessment election. 5. . Request to County Administrator to meet with cities, fire district representatives and fire fighters prior to May 19 , 1987 to discuss Special District Augmentation Fund allocations: This item is virtually the same as Item No. 3 . This request was satisfied by the May 14, 1987 meeting. 6. Request to County Administrator to report on alternate funding sources to .provide additional fire - fighter staffing: -One of the basic concepts of the Fire District Five Year Financing plans is that current revenue sources were inadequate to provide for additional staff and facilities. In recognition of the funding inadequacies, the fire districts and the fire district financing . consultant were directed to identify and propose new funding sources. It has been proposed that current funds be used to finance additional fire fighter positions during the coming fiscal year until such time as a benefit assessment could be approved by the voters of the districts. The sources of funds identified are estimated carry over balances in specific fire district budgets, capital funds allocated and currently being held until a determination is made on this issue and funds . remaining to be a' located to fire districts from the Special District Augmentation Fund. It is not recommended that any of those three sources of funds be used for a permanent obligation. Once the money is committed for personnel, it becomes an annual expense which continues to be a drain on the Augmentation Fund. Year end fund balances remaining in the district budgets at. the end of the fiscal year and the balance -2- Board of Supervisors Referrals Related to Fire District Benefit Assessment Issues of the Augmentation Fund that is allocated at the end of the fiscal year are needed to help finance the following fiscal year. If these funds are used to cover the cost of additional staff, not only would the cost be ongoing and continue to grow, but the resources to fund the following year' s budget would be reduced. This reduction would require more money from the Augmentation Fund which in turn could work a hardship on other districts. In the case of the equipment, if the purchases of the items are deferred another year, the cost of those items will increase and the list of items needed to be replaced next year will be that much longer. If the funds are devoted to an ongoing cost such as staff, they will never be available in the future for needed capital items. If: funds are diverted from other areas to cover the costs of staffing for one year with the expectation that the voters will . approve a benefit assessment for ensuing years, it may be difficult to convince the voters of the need for the additional revenue if the district has been able to add the additional staff through alternate funding sources. Another course of action could be to authorize the benefit assessment for a limited period, subject to the condition that the issue would be submitted to the voters for confirmation. If the vote is against .the benefit assessment, it would be discontinued the following fiscal year and the additional fire fighters would be subject to layoff. Under this arrangement, it would be clear to the voters that the benefit assessment levied the first year was the source of funding for the additional staff and .that without the continuation of the assessment, the staffing would be eliminated. -3- \ -2713 ORDINANCE NO. 87-39 AN ORDINANCE OF THE RIVERVIEW 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 Riverview 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. RECTION 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 Riverview Fire Protection District. (c) "Commercial" means parcels assigned the following use codes by the Assessor of Contra Costa County: 301 31, 32, 33, 34 , 35, 36, 37 , 38, 39 , 40 , 41, 42 , 43 , 44 , 45, 46,. 471 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 . (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: :?0, 21, 22 , 23, 24 , 25 , 261 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, 191 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 1. Residential : 10 Vacant - Unbuildable $ 7 . 50 $ 15. 00 11 Single Family Res - 1 res, 1 site $ 15. 00 $ 30 . 00 12 Single Fam.Res . - 1 res 2 or more sites $ 15 . 00 $ 30 . 00 13 Single Fam. Res . - 2 res on 1 or more sites $ 30. 00 $ 60 . 00 14 Single Fam. Res. other than Sing. fam. land $ 15. 00 $ 30 . 00 15 Misc. improvements - 1 site $ 7. 50 $ 15. 00 16 Misc. improvements - 2 or more sites $ 7 . 50 $ 15 . 00 17 Vacant - 1 site $ 7.50 $ 15.00 18 Vacant - 2 or more sites $ 15. 00 $ 30 . 00 19 Single Fam. Res . - det. w/common area $ 15. 00 $ 30 . 00 29 Attached PUDs : Cluster homes, condos, etc. $ 15. 00 $ 30 .00 -2- ORDINANCE NO. 87-39 INITIAL ASSESS- MAXIMUM ASSESS- MENT PER PARCEL MENT PER PARCEL 2 . Multiple: 20 Vacant - Multiple $ 7 . 50 $ 15. 00 21 Duplex $ 30.00 $ 60. 00 22 Triplex $ 30 . 00 $ 60.00 23 Fourplex $ 30. 00 $ 60 . 00 24 Combinations $ 30. 00 $ 60. 00 25 Apartments ( 5-12 units ) $ 75. 00 $150.00 26 Apartments (13-24 units ) $105. 00 $210. 00 27 Apartments (25-59 units ) $150. 00 $300.00 28 Apartments ( 60+ units) $150. 00 $300 . 00 3. Commercial : 30 Vacant - commercial $ 7 . 50 $ 15. 00 31 Commercial stores - not supermarkets $ 45.00 $ 90. 00 32 Small grocery stores ( 7-11, etc. ) $ 45. 00 $ 90. 00 33 Office Buildings $ 60 . 00 $120.00 34 Medical, dental $ 60. 00 $120. 00 35 Service stations , car wash $ 60 . 00 $120 . 00 36 Garages $ 60. 00 $120. 00 37 Community Facilities (recreational, etc. ) $ 30. 00 $ 60 . 00 38 Golf Courses $ 75. 00 $150.00 39 Bowling Alleys $ 75.00 $150 . 00 40 Boat Harbors $ 90. 00 $180. 00 41 Supermarkets (not in shopping centers ) $ 90. 00 $180.00 42 Shopping Centers (incl . vacant for future ) $105. 00 $210 . 00 43 Financial Buildings (Ins. , Title, Banks , S&L) $ 60. 00 $120 . 00 44 Motels, Hotels & Mobile Home Parks $ 75.00 $150. 00 45 Theaters $ 75 . 00 $150 . 00 46 Drive-in Restaurants $ 45. 00 $ 90.00 47 Restaurants (Not Drive-in) $ 75. 00 $150 . 00 48 Multiple & Commercial $ 75. 00 $150 . 00 49 New Car Auto Agencies $ 75 . 00 $150.00 4 . Industrial • 50 Industrial Vacant Land (not Indus, park) $ 75 .00 $150.00 51 Industrial Park $105 . 00 $210 . 00 52 Research & Development (w/ or w/o structures ) $105. 00 $210. 00 53 Light Industrial $105 . 00 $210.00 54 Heavy Industrial $150 . 00 $300.00 55 Unassigned $105. 00 $210. 00 56 Miscellaneous Improvements $105. 00 $210 .00 57 Unassigned $105. 00 $210 .00 58 Unassigned $105. 00 $210 .00 59 Unassigned $105. 00 $210. 00 5 . Land: 60 Unassigned (Land) $ 15. 00 $ 30. 00 61 Rural, Res . Improv. , lA - 10A $ 15.00 $ 30 . 00 62 Rural, w/ or w/o misc. struct. lA - 10A $15. 00 $ 30 . 00 -3- ORDINANCE NO. 87-39 INITIAL ASSESS- MAXIMUM ASSESS- MENT PER PARCEL MENT PER PARCEL 63 Urban Acreage 10A - 40A $ 30. 00 $ 60.'00 64 Urban Acreage 40A & over $ 45.00 $ 90 . 00 65 Orchards/Vineyards 10A - 40A $ 15. 00 $ 30. 00 66 Orchards/Vineyards 40A & over $ 15. 00 $ 30.00 67 Dry Farming 10A - 40A $ 30 . 00 $ 60 . 00 68 Dry Farming 40A & over $ 45. 00 $ 90.00 69 Agricultural Preserves $ 30. 00 $ 60. 00 6 . Institutional : 70 Convalescent Hospitals/ Rest Homes $ 90. 00 $180. 00 71 Churches $ 45. 00 $ 90 . 00 72 Schools (Public or Private) $ 75 . 00 $150.00 73 Hospitals $ 90. 00 $180 . 00 74 Cemetaries/Mortuaries $ 45.00 $ 90 . 00 75 Fraternal & Service Organizations $ 60.00 $120.00 76 Retirement Housing Complex $150. 00 $300 . 00 77 Cultural Uses (Libraries ) $ 45. 00 $ 90.00 78 Parks & Playgrounds $ 15. 00 $ 30 . 00 79 Government Owned (Fed. , State, City, BART) J 7 . Miscellaneous: 80 Mineral Rights 81 Private Roads $ 7 . 50 $ 15. 00 82 Pipelines & Canals $ 60 . 00 $120.00 83 State Board Assessed $ 45. 00 $ 90 . 00 84 Utilities (Not Assessed by State Board) $ 45. 00 $ 90. 00 85 Public & Private Parking $ 15 . 00 $ 30 . 00 86 Municipally Owned Properties 0 �! 87 Common Area $ 30. 00 $ 60 . 00 88 Mobile Homes $ 15. 00 $ 30. 00 89 Other (Split Parcels in diff. tax code areas) $ 15. 00 $ 30. 00 99 Awaiting Assignment $ 15. 00 $ 30 .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 -4- ORDINANCE NO. 87-39 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. 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 a public hearing 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. Pursuant to Government code § 50078.15, no election is required to approve the levying of the benefit assessment for fire suppression services authorized by this ordinance. But, the Board proposes an advisory district election on. November 3, 1987 to obtain an indication of voter opinion regarding the levy of benefit assessments after Fiscal Year 1987- 88 . SECTION 15 . SUNSET STATUTE. This ordinance is adopted pursuant U6, Article 3 .6 (§§ 50078 et seq. ) of the California Government Cade. Section 50078.18 provides that Article 3.6 shall remain in effect only until January 1, 1991, and as of that date is repealed. -5- ORDINANCE NO. 87-39 1 Y SECTION 16 . 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 17. 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. PASSED and ADOPTED on May 26, 1987 by the following vote. AYES: Supervisors Powers, Fanden, McPeak and Torlakson. NOES: Supervisor Schroder. ABSENT: None. ABSTAIN: None. ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Deputy Chairperson, Board of Supe visors Supe visor ISIT l Supervisor Supervisor -6- ORDINANCE NO. 87-39