HomeMy WebLinkAboutMINUTES - 06251991 - H.4 'I
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H. 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 25, 1991 by the following vote:
AYES: See below
NOES:
ABSENT:
ABSTAIN:
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SUBJECT: Hearing On Proposed Benefit Assessment Increase For
The Riverview Fire Protection District
On June 11, 1991, the Board of Supervisors continued to this date
the hearing on consideration of the report submitted by the Fire Chief
of Riverview Fire Protection District proposing that fire suppression
assessments be levied on real property or properties located in the
District.
Supervisor Torlakson commented on the town meeting held relative
to this issue on June 24, 1991.
The following persons appeared to speak:
Jeff Furtado, 1204 West 8th Street, Antioch, commented on the
problems of growth, and the method of assessment.
George P. Girard, 3021 Longview Road, Antioch, spoke in
opposition to the proposed assessment and in favor of continuing the
present assessment.
Mary Brunell, 3301 Buchanan Road #8, Antioch, spoke on being
taxed unfairly.
Wilhelmina Andrade, 1814 Geneva Lane, Antioch, spoke in
opposition.
Alice L. Harris, 308 East 13th Street, Antioch, requested that
Wilhelmina Andrade speak for her in opposition.
Norma Bruno Hernandez, 2718 Barcelona. Circle, Antioch, spoke in
opposition, and requested an evening meeting with the Board of
Supervisors on this matter.
Howard R. Higgins, 1310 A Street, Antioch, spoke in opposition.
Supervisor McPeak commented on the tax pass through for fire
districts in Redevelopment Agencies in the County.
Karen Kushner, 1501 Loveridge Road #6, Pittsburg, representing
Orbit .Properties Corporation spoke in opposition.
Bob Oliver, 2448 Cypress Street, Antioch, spoke in opposition.
John Whalen, 1000 Ridge Park Drive, Concord, spoke in opposition.
Jean Kuberra, 3514 Mountaire Drive, Antioch, spoke in opposition.
Leon J. La Brie, 4609 Arabian Way, Antioch, spoke in opposition.
DarryLynn Shatting, 301 West 6th Street, Antioch, spoke in
opposition.
The following persons submitted cards with comments:
Joe Cranmer, 3682 Hastings Court, Lafayette, on the assessment
method.
Mark Cranmer, Stiwell Drive, Concord, on the assessment method.
Vera Aiello, 3509 Fairview Drive, Antioch, protesting the
assessment.
The public hearing was closed.
Supervisor Torlakson requested that Chief Little respond to the
comments and concerns that have been raised by member of the public
and the Supervisors.
Chief Little responded to Supervisor Torlakson' s request.
Supervisor Torlakson proposed a motion to provide for the
assessment with a two year term, with a re-examination period, no
automatic escalator clause, increase the fee to $29. 00 to allow for
the second station to come on line, and direct the Fire Department and
County Administrator' s office to request a pass through with the city
redevelopment agencies to the Fire District. He further recommended
the institution of a low-income senior citizen exemption as
recommended by Chief Little and staff. Supervisor Torlakson also
proposed a study for consolidation of the fire services, and he
requested staff investigate raising the development fee and report to
the Board as soon as possible.
Supervisor Powers seconded the motion.
Supervisor Fanden expressed reluctance to support the motion.
Supervisor Schroder expressed concern about the safety and
preservation of life and property in the Riverview Fire District
without providing the proper funding, and he commented on the amount
of money that Riverview Fire District had received.
Supervisor McPeak expressed support for the motion and commented
on the approach for the assessment.
The vote on the motion was as follows:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
IT IS BY THE BOARD ORDERED that the Fire Suppression Assessment
increase for the Riverview Fire Protection District is APPROVED as
amended, and Resolution No. 91/575 is ADOPTED; and staff is DIRECTED
to explore the consolidation of fire services; and staff is REQUESTED
to review and report on the feasibility of raising the development
fee; and staff is DIRECTED to negotiate a tax pass through agreement
with the city redevelopment agencies.
Supervisor Torlakson moved to direct staff to prepare an annual
report on the progress of negotiations and how the fee is being
implemented, and to begin public hearings at least six months in
advance of the expiration of the increased fee, and he requested that
the Commission meet in the evening rather than at noon time.
The vote on the motion was as follows:
AYES: Supervisors Fanden, Schroder, ,Torlakson and McPeak
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
IT IS FURTHER ORDERED BY THE BOARD that staff is DIRECTED to
prepare an annual report on negotiations and fee implementation, to
begin public hearings at least six months in advance of the expiration
of the increased fee, and to request the Commission to meet in the
evening rather than at noon time.
I i,ereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe rs on the date shown.
ATTESTED: v1.-• )<-.0
PHIL BA HELOR,Clerk of the Board
upervis and Cou ministrator
a
By ,DeDuty
Orig. Dept. : Clerk of the Board
cc: County Administrator-T. McGraw
County Counsel
H. 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 25. 1991 , by the following vote:
AYES: Fanden, Schroder, Torlakson and McPeak, Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Fire Suppression )
Assessment for Riverview ) RESOLUTION NO. 91/575
Fire Protection District )
The Board of Supervisors of Contra Costa County, as and constituting the Board of Directors
of the Riverview Fire Protection District, resolves as follows:
SECTION 1: AUTHORIZATION AND PURPOSES. This resolution 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 resolution 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 resolution:
(a) "Assessment" shall mean the benefit assessment authorized by and imposed pursuant
to this resolution.
(b) "Board" means the Board of Supervisors as the Board of Directors of the Riverview
Fire Protection District.
(c) ,"Fiscal year" means the period of July 1 through the following June 30.
(d) "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.
(e) "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.
(f) "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.
{ (g). "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.
(h) "Commercial" means parcels assigned the following use codes by the Assessor
of Contra Costa County:
29-3,, 29-5, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
46, 47, 48, 49.
(i) "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.
(j) "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.
(k) "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.
(1) "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.
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 1991-92 at the amount of assessment set forth below for each
parcel for the initial fiscal year (1991-92). 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 resolution on each parcel
in the District shall be as follows:
DESCRIPTION INITIAL ASSESSMENT MAXIMUM ASSESSMENT
(Use Code)(Explanation) PER PARCEL. PER PARCEL
1. Residential: '
10 Vacant - Unbuildable 14.50 14.50
11 Single Family Res. - 29.00 29.00
1 res. , 1 site
12 Single Family Res. - 29.00 29.00
1 res. , 2 or more sites
13 Single Family Res. - 58.00 58.00
2 res. on 2 or more sites
14 Single Family Res. other 29.00 29.00
than Single family land
15 Misc. improvements - 14.50 14.50
1 site
16 Misc. improvements - 14.50 14.50
2 or more sites
17 Vacant - 1 site 14.50 14.[,
18 Vacant - 2 or more sites 29.00 29.00
19 Single Family Res. - 29.00 29.00
det. w/common area
29 Attached PUDs: Cluster 29.00 29.00
homes, residential condos,
etc.
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RESOLUTION NO. 91/ 575
INITIAL ASSESSMENT MAXIMUM ASSESSMENT
PER PARCEL PER PARCEL
2. Multiple:
20 Vacant -Multiple 14.50 14.50
21 Duplex 58.00 58.00
22 Triplex 58.00 58.00
23 Fourplex 58.00 58.00
24 Combinations 58.00 58.00
25 Apartments (5-12 units) 145.00 145.00
26 Apartments (13-24 units) 203.00 203.00
27 Apartments (25-59 units) 290.00 290.00
28 Apartments (60+ units) 290.00 290.00
3. Commercial:
29-3 or 29-5 Commercial condos 116.00 116.00
30 Vacant - commercial 14.50 14.50
31 Commercial stores - not 87.00 87.00
supermarkets
32 Small grocery stores 87.00 87.00
(7-11, etc.)
33 Office Buildings 116.00 116.00
34 Medical, dental 116.00 116.00
35 Service stations, car wash 116.00 116.00
36 Garages 116.00 116.00
37 Community Facilities 58.00 58.00
(recreational, etc. )
38 Golf Courses 145.00 145.00
39 Bowling Alleys 145.00 145.00
40 Boat Harbors 174.00 174.00
41 Supermarkets (not in 174.00 174.00
shopping centers
42 Shopping Centers (including 203.00 203.00
vacant for future)
43 Financial Buildings (Ins. , 116.00 116.00
Title, Banks, S&L)
44 Motels, Hotels & Mobile 145.00 145.00
Home Parks
45 Theaters 145.00 145.00
46 Drive-in Restaurants 87.00 87.00
47 Restaurants (Not Drive-in) 145.00 145.00
48 Multiple & Commercial 145.00 145.00
49 New Car Auto Agencies 145.00 145.Cu
4. Industrial:
50 Industrial Vacant Land 145.00 145.00
(not indus. park)
51 Industrial Park 203.00 203.00
52 Research & Development 203.00 203.00
(w/ or w/o structures)
53 Light Industrial 203.00 203.00
54 Heavy Industrial 290.00 290.00
55 Unassigned 203.00 203.00
56 Miscellaneous Improvements 203.00 203.00
57 Unassigned 203.00 203.00
58 Unassigned 203.00 203.00
59 Unassigned 203.00 203.00
5. Land:
60 Unassigned (Land) 29.00 29.00
61 Rural, Res. Improv. , 29.00 29.00
1A - 10A
62 Rural, w/ or w/o misc. 29.00 29.00
struct. 1A - 10A
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RESOLUTION NO. 91/ 575
INITIAL ASSESSMENT MAXIMUM ASSESSMENT
PER PARCEL PER PARCEL
63 Urban Acreage 10A - 40A 58.00 58.00
64 Urban Acreage 40A & over 87.00 87.00
65 Orchards/Vineyards 10A - 40A 29.00 29.00
66 Orchards/Vineyards 40A & 29.00 29.00
over
67 Dry Farming 10A - 40A 58.00 58.00
68 Dry Farming 40A & over 87.00 87.00
69 Agricultural Preserves 58.00 58.00
6. Institutional:
70 Convalescent Hospitals/ 174.00 174.00
Rest Homes
71 Churches 87.00 87.00
72 Schools (Public or Private) 145.00 145.00
73 Hospitals 174.00 174.00
74 Cemeteries/Mortuaries 87.00 87.00
75 Fraternal & Service 116.00 116.00
Organizations
76 Retirement Housing 290.00 290.00
Complex
77 Cultural Uses 87.00 87.00
(Libraries)
78 Parks & Playgrounds 29.00 29.00
79 Government Owned 00.00 00.00
(Fed. , State, City, BART)
7. Miscellaneous:
80 Mineral Rights 00.00 00.00
81 Private Roads 14.50 14.50
82 Pipelines & Canals 116.00 116.00
83 State Board Assessed 87.00 87.00
84 Utilities (Not Assessed 87.00 87.00
by State Board)
85 Public & Private Parking 29.00 29.00
86 Municipally Owned 00.00 00.00
Properties
87 .Common Area 58.00 58.00
88 Mobile Homes 29.00 29.00
89 Other (Split Parcels in 29.00 29.00
diff. tax code areas)
99 Awaiting Assignment 29.00 29.00
SECTION ,8. SUBSEQUENT FISCAL YEAR ASSESSMENT. Prior to the end of each July, the
Board shall levy an assessment pursuant to this resolution 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 resolution 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 1991-92 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.
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RESOLUTION NO. 91/575
SECTION 11 . CORRECTIONS CANCELLATIONS AND REFUNDS.
11.1. Ad Valorem Tax Procedures. In so far as feasible and not inconsistent with this
resolution, 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 are applicable to the collection of this assessment.
11.2. Alternate Procedures. As an alternative to subsections 11.1 , 13.6 and 13.7 and
in so far as feasible and not inconsistent with this resolution, the times and procedures
regarding corrections, cancellations and refunds in California, cancellations and refunds in
California Health and Safety Code §§ 14920 and 14921 are also applicable to this resolution' s
benefit assessments as if they were weed abatement assessment.
11.3. Subsequent Year Notice. Notwithstanding to anything to the contrary in the
foregoing, as to any subsequent year assessment levied under this resolution the secured roll
tax bills shall be the only notices required.
SECTION 12. ASSESSMENT LIMITATIONS.
(a) Assessor' s records. The record of the County Assessor as of March 1 of each year
shal I ' 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
resolution.
(b) Public property. The benefit assessment established by this resolution 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 resolution, are exempt from property tax
pursuant to Revenue and Taxation Code § 155.20, shall be exempt from said benefit
assessment.
SECTION 13. SENIOR EXEMPTION.
13.1. General . Parcels of properties used for residential living quarters and/or
persons personally responsible for or paying benefit assessments imposed by this
resolution on such properties shall be eligible for unit(s) exemption(s) from
these assessments or refund thereof as provided in this section.
13.2. Eligibility. For a parcel of property or residential unit thereof to be eligible
for exemption, the involved applicant must:
(a) Be a residential resident on and the holder (whether a fee owner, lessee or
otherwise) of the possessory interest in the residential property unit subject
to assessment. If the applicant is not shown on the last equalized assessment
roll as owner of the involved property, written evidence must be submitted
demonstrating the obligation to directly or indirectly pay the involved
assessment; and
(b) Be sixty-two (62) years of age, or older, or be disabled as established by
the Social Security Administration Supplemental Income Program; and
(c) Have an annual , taxable household income of $9,600 per year or less; and
(d) Application must be received by July 1 to be effective in current fiscal
year.
-5-
RESOLUTION NO. 91/575
13.3. Application Forms. Applications for exemption shall be filed with the District's
Fire Chief on such forms as he may provide. Applications shall be verified and
contain such information as may be required by the Fire Chief. .
13.4. Decision. The Fire Chief shall review each submitted application and determine
if it meets the eligibility requirements of this section. If the Fire Chief is
satisfied and the requested exemption is approved, he shall take all required
appropriate actions to designate the involved property (or unit thereof) as
exempt from assessment and tax roll collection or to provide for a refund as
hereinafter allowed.
13.5. Termination. Approved exemptions shall remain in effect only so long as the
facts supporting the exemption shall exist. The Fire Chief may demand evidence
(such as a new application submittal) where information has come to his attention
indicating eligibility no longer exists for the involved exemption. The Fire
Chief shall take all actions necessary to acknowledge the automatic termination
of an exemption when sufficient facts indicating such termination come. to his
attention.
13.6. For Fiscal Year 1991-92, the Fire Chief may designate in a timely manner
residential properties on the County tax roll for zero assessment where he is
satisfied based upon information available to him and on file with the District
that the residential residents .on such properties are eligible for exemption as
specified in subsection 13.2.
13.7. Refunds. For Fiscal Year 1991-1992, the Fire Chief upon application may
authorize refund of paid assessments where he is satisfied the involved property
would have been exempt had a timely application therefor been filed. Such
refund(s) shall -be made to the person who paid the benefit assessment or that
person' s assignee as designated in writing.
SECTION 14. PROTEST. On June 11 and 25, 1991 , the Board conducted a public hearing on the
establishment of the benefit assessment levied (and to be levied) by this resolution. 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 15. 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 resolution.
SECTION 16. SUNSET PROVISION. This resolution shall be repealed and of no further force and
effect beginning on July 1 , 1993. This repeal on July 1 , 1993 shall not affect benefit
assessments and any related penalties due and unpaid on June 30, 1993 and their subsequent
collection.
SECTION 17. SEVERABILITY. If any assessment or provision of this resolution is held invalid
or unenforceable by a court of competent jurisdiction, that holding shall not affect the
validity or enforceability of the remaining assessment or provisions of this resolution, and
the Board declares that it would have adopted each part of this resolution or other
assessment irrespective of the invalidity of any other part or assessment.
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.
ATTESTED: q
Phil Batchelo Clerk of the Board of
Supervisors and County Administrator
By Deputy
Orig. Dept:
cc: Riverview Fire Protection District
Treasurer/Tax Collector
Auditor
Assessor
County Counsel
df10:vjw\res\rivervw.sup
-6-
RESOLUTION NO. 91/575
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