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HomeMy WebLinkAboutMINUTES - 03231993 - 1.65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on [larch 23, 1993 , by the following vote: AYES: Supervisors Powers, Bishop, McPeak, Torlakson NOES: None ABSENT: Supervisor Smith ABSTAIN: None SUBJECT: Consolidating Election with ) General Election; ) Date of Election: June 8, 1993 ) Governing Board: Board of Directors ) RESOLUTION NO. 93/139 Public Entity: Kensington Fire Protection st.) Type of Election: Special Tax ) The Board of Supervisors of Contra Costa County RESOLVES THAT: The above-named governing board of the above-named public entity has ordered an election of the type specified above (consolidated election) to be held in (a portion of) the territory of said public entity on the date specified above, and has requested that said election be consolidated with the election to be held on said date. Therefore, this Board HEREBY RESOLVES THAT: 1. In accordance with Elections Code Sections 23300 et. seq. said elections are hereby consolidated and shall be held in all respects as though there were only one election; 2. The returns of the consolidated election shall be canvassed by the County Clerk of the County of Contra Costa and when the results are ascertained, the County Clerk shall certify them to the above public entity; 3. The County Clerk of Contra Costa County shall include in the sample ballots and official ballots submitted to the voters of the said public entity the measure -or list of candidates to be voted on in the consolidated election. 4. The County Clerk of Contra Costa County is authorized and directed to charge to the said public entity any additional expenses incurred by reason of this consolidation; 5. The Clerk of this Board is directed to forward a certified copy of this resolution to the County Clerk of Contra Costa County and the governing body of the above public entity. PASSED on March 23, 1993 by unanimous vote of Supervisors present. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of th9 Boarr+ of Supervi on the date hown. ATTESTED: PHIL BATCHELOR,Clerk of the Board of pervisors and County Administrator Orig. Dept.: cc: County Administrator BY �-�-r ,Deputy Elections Kensington Fire Protection District RESOLUTION NO. 93/139 1. �5 RECEN . st S MAR 10 1993, %. CLERK BOARD OF 9 sP:PVSOrs:. RESOLUTION NO. 93-01 L CONTRA COSTk,(."0..yr KENSINGTON FIRE PROTECTION DISTRICT RESOLUTION OF THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT CALLING A SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO QUALIFIED ELECTORS OF THE DISTRICT THE QUESTION OF CONFIRMING AN ORDINANCE AMENDING THE SPECIAL TAX FOR FIRE PROTECTION; FIXING THE DATE OF SAID ELECTION; AND PROVIDING FOR THE CONSOLIDATION OF SAID ELECTION WHEREAS, the Board of Directors (the "Board") of the Kensington Fire Protection District (the "District") has determined that an ordinance should be adopted amending Ordinance No. 80-02 , which imposed a special tax for fire protection and, pursuant to Government Code Section 53978 , was previously approved by the voters of the District at an election held in April 1980; and WHEREAS, the Board wishes that the question of approval of said ordinance should be submitted to the qualified electors of the District at the earliest practicable date; and WHEREAS, the next regular election will be held on June 8 , 1993 . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT as follows: Section 1. An election (the "election") is hereby ordered and called and will be held in the District on Tuesday, June 8 , 1993 , at which election the following issue shall be submitted to all persons possessing all requirements of electors under the general election laws of the State of California who are duly qualified electors residing within the District: "Shall Kensington Fire Protection District Ordinance 93-01, authorizing the Board of Directors to establish the amount of special tax for fire protection (for the one ,tax year beginning July 1, 1993 only) , based on the 94738.1 [ONE YEAR SUNSET] District's anticipated need for revenue, and within the following limits, be confirmed: Property Class Maximum Annual Tax Single Family Residential $350 Duplex Residential $500 Triplex Residential $650 Fourplex Residential, Commercial and Institutional $800 Multiple Unit (5+) Residential $800 Unimproved Property $100" Section 2 . The County Clerk of Contra -Costa County is hereby requested and authorized to order the consolidation of the election called by this Resolution with the general election to be held June 8 , 1993 , and further to provide that within the territory affected by said order of consolidation the election precincts, polling places and voting booths shall in every case be the same and that there shall be only one set of election officers in each of said precincts. Section 3 . The measure for the confirmation of the amendment to the special tax, in the form hereinabove set forth, shall be set forth in each form of ballot used in said election insofar as the same is held within the territory affected by said order of consolidation. Said County Clerk is authorized and requested (i) to publish a notice relative to arguments for and against said measure, to receive and select such arguments, to call for rebuttal arguments and to receive rebuttal arguments, to the extent required by law; ( ii) to set forth on all sample ballots relating to said election to be mailed to the qualified electors within the District said measure as hereinabove determined and to mail with said sample ballots to said electors printed copies of arguments ( if any) for and against said measure; and (iii) to provide absent voter ballots for said election for use by qualified electors who are entitled thereto in the manner provided by law. Section 4 . Said County Clerk is hereby further authorized and requested to canvas or cause to be canvassed, as provided by law, the returns of said election with respect to votes cast on said measure and to certify such canvas of the votes cast for and against said measure to the Board. Section 5 . Said County Clerk is hereby further authorized and requested to regulate and carry out all proceedings incidental to and connected with the election in accordance with the provisions of law regulating the election. 94738.1 -2- [ONE YEAR SUNSET] Section 6. An impartial analysis of the measure as provided for in Section 3781 of the California Elections Code shall be prepared by the District's Attorney. Section 7 . The Secretary of the Board is hereby authorized and directed to certify to the due adoption of this Resolution and to transmit a copy hereof so certified to the County Clerk of the County. PASSED AND ADOPTED on this �"f day of March, 1993 , by the following vote: AYES: Z NOES: a ABSENT: President, Board of Directors Kensington Fire Protection District ATTEST: Secretary of said District 94738.1 -3- [ONE YEAR SUNSET] RECENED RESOLUTION NO. 93-02 KENSINGTON FIRE PROTECTION DISTRICT _ CLERK ECC�`3r3�i:�r•S'PER.iSCR= RESOLUTION OF THE BOARD OF DIRECTORS OF THE_ CON11FI COST rte_ KENSINGTON FIRE PROTECTION DISTRICT REQUESTING THE COUNTY CLERK TO RENDER SPECIFIC ELECTION SERVICES IN CONNECTION WITH A SPECIAL ELECTION TO BE HELD WITHIN THE DISTRICT ON TUESDAY, JUNE 8, 1993 WHEREAS, the Board of Directors of the Kensington Fire Protection District has called for a special election to be held within the District on Tuesday, June 8, 1993 , by their Resolution No. 93-01. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT that the Board of Supervisors of the County of Contra Costa is hereby requested to permit the County Clerk of Contra Costa County to render specified election services pursuant to Elections Code Section 22003 , such services to include: • Securing translations of election materials and notices; • Publication of notices required by law; • Selection of arguments on the ballot measure; • Consolidation of precincts; • Furnishing of precinct indexes; • Preparation of polling place notice; • Preparation and printing of ballot copy and arguments; • Mailing of sample and official ballot, polling place verification and other election material ; • Furnishing of polling places and appointment of election officers; • Furnishing of voting supplies; • Furnishing of precinct supplies and training of precinct workers; • Processing of absentee ballots; • Canvass of election and certification to the District on the results of the canvass. 94741.1 BE IT FURTHER RESOLVED that this Board shall, and does hereby, accept the terms and conditions of the performance of said election services and agrees to pay its proportionate share of all costs in connection with the conduct of this election. PASSED AND ADOPTED this C/ day of March, 1993 , by the following vote: AYES: �. NOES: O ABSENT: , f President, Board of Directors Kensington Fire Protection District ATTEST: Secretary of Said District 94741.1 -2- m`hV9ED 1 ORDINANCE NO. 93-01 MAR p Igg� " AN ORDINANCE AMENDING ORDINANCE NO. �2LL RKS��`��- r 80-02, ��ip OE-Sl�PERVISORS WHICH IMPOSES A SPECIAL TAX FOR FIRE PROTECTION AND-- AND �O , AND PROPOSING THE AMENDMENTS FOR ADOPTION KENSINGTON FIRE PROTECTION DISTRICT WHEREAS, on April 8, 1980, the voters approved Ordinance No. 80-02 imposing a special tax for fire protection and prevention, effective commencing with the fiscal year beginning July 1, 1980; and WHEREAS, there exists substantial uncertainty as to the level of financial assistance, if any, which the District may receive from the State of California. Significant reductions in the amount of such State subventions are likely for fiscal year 1993-94 and thereafter, but the exact amounts and severity of such reductions are not known at this time; and WHEREAS, the Board of Directors has determined that the revenues provided from ad valorem property taxes and the special tax authorized by Ordinance No. 80-02 will be insufficient to support continuation of present levels of fire protection services by the District during fiscal year 1993-94 and thereafter; and WHEREAS, Section 53978 of the Government Code authorizes local agencies which provide fire protection to propose a special tax measure under which the amount of tax actually levied annually may be varied from time to time by the Board of Directors, within the maximum amounts approved by the voters, to meet changing financial conditions; and WHEREAS, the Board of Directors has determined that, without the additional revenues which an increase in the authorized amounts of the special tax would provide, substantial reductions in the level and quality of fire protection may be necessary commencing with fiscal year 1993-94 . In order to avoid reductions in the level and quality of fire protection which will be necessary if State financial support is reduced, the Board of Directors has determined that it should seek authority from the voters to adjust from time to time the level of special tax applied to various categories of property in accordance with the District's estimated need for revenue, up to the maximum amounts approved by the voters, which maximum limits should be higher than the amounts of tax established by Ordinance No. 80-02 ; and WHEREAS, the Board of Directors remains committed to imposing a tax rate no higher than that necessary to provide sufficient funds for continued fire protection services. If in 94731.1 [ONE YEAR SUNSET] any year additional sources of revenue not now anticipated become available to the District, or if revenues from existing sources exceed the amounts now anticipated, or if expenditures are able to be reduced, consistent with adequate fire protection and prevention, then it is the policy and intention of the Board to set the amount of special tax at rates below the authorized maximum, including reducing it below the amounts originally approved by voters in 1980; and WHEREAS, it is also the policy and intention of this Board to maintain the amounts of tax applicable to various classes of property at levels which are fair and equitable, taking into account the costs of providing fire protection and the benefits of such protection to such properties. - WHEREAS, the Board of Directors hopes that the need for this increased special tax will be temporary and therefore the maximum tax rate limits will be automatically reduced to the maximum levels established by Ordinance No. 80-02 after the expiration of a one year period. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE KENSINGTON FIRE PROTECTION DISTRICT as follows: Section 1. Amendment to Ordinance No. 80-02 Subsection 1 of Ordinance No. 80-02 is hereby amended to read as follows: "Section 1. Determination of Amount of Tax A. A special tax for fire protection and prevention is hereby determined in the following maximum amounts upon property within the District: Class of Improvements or Use Maximum Amount of Tax Single Family Residential $350 . 00 per year Duplex Residential $500 . 00 per year Triplex & Combination Residential $650. 00 per year Fourplex Residential, Commercial and Institutional Property $800. 00 per year Multiple Unit Residential (Five or More Units)- $800 . 00 per year Unimproved Property $100 . 00 per year B. The Board of Directors is hereby authorized to determine annually the amount of tax to be levied for each Class of Improvement or Use, based on the District' s anticipated need for revenue. Until the Board of Directors adopts an ordinance changing the 94731.1 -2- [ONE YEAR SUNSET] amounts of tax, the amounts to be levied shall be those established by Ordinance No. 80-02 . The Board of Directors shall determine, annually and prior to June 30 of each year, commencing with June 30, 1993 , the amount of tax to be levied for the ensuing fiscal year. If the Board does not adopt an ordinance changing the amount of tax to be levied, that shall be deemed to constitute a determination that the amount of tax to be levied during the ensuing fiscal year shall be the amount in effect during the year in which such determination is deemed to be made. The Board of Directors may decrease the amount of tax to be levied for any Class of Improvement or Use or may increase it within the limits set forth in Section A. In no case shall the amount of tax to be levied exceed the maximum limits set forth in Section A without the required approval of the voters. C. The authority to increase the special tax up to the maximum amounts set forth in Section A shall remain in effect for one year only, i .e. , the tax year beginning July 1, 1993 , unless such authority is extended by the voters of the District at a subsequent election. If such authority is not extended, then the tax rates established by the Board pursuant to this Ordinance shall automatically be reduced to the tax rates now imposed by Ordinance No. 80-02 as of the tax year beginning July 1 , 1994 . " Section 2 . Ratification of Ordinance No. 80-02 Except as provided above, all provisions of Ordinance No. 80-02 remain unchanged. If the voters do not approve the changes to Section 2 made by this Ordinance, then the special tax adopted by Ordinance No. 80-02 will remain in full force and effect without change. Section 3. Effective Date This Ordinance shall take effect immediately upon its approval by the voters of the District in the manner provided by law. If so approved, the amounts of tax may be changed from 94731.1 -3- [ONE YEAR SUNSET] those established by Ordinance No. 80-02 for the tax year beginning on July 1, 1993 . PASSED AND ADOPTED at a meeting of the Board of Directors held on the day of March 1993 , by the following vote: AYES: 2- NOES: U ABSENT: [ President, -Board .of Directors Kensington Fire Protection District ATTEST: Secretary Director r. irector 94731.1 -4- [ONE YEAR SUNSET] ANALYSIS BY ATTORNEY FOR DISTRICTMAR 10 119Jv CLERK BOAF ' qF SUPERV o R BACKGROUND CONTRA-CQSTA Co Proposition 13 limited the amount of ad valorem taxes on real property to one percent of full cash value. As a result, property tax revenues to local governments were reduced. That reduction affected agencies, such as Kensington Fire Protection District, which previously depended upon property taxes for virtually all of their revenues. California law authorizes local governments to adopt special taxes for fire protection with the approval -of two-thirds of the electorate. In 1980, District voters approved Ordinance 80-02, imposing a special tax for fire protection in specific amounts, ranging from $83 per year for a single family residence to $415 per year for multiple dwellings with five or more units. Thereafter, the Legislature amended the law to make clear that ordinances which set maximum amounts of tax and allow the governing boards of local fire districts to vary the amount levied, up to the voter-approved maximum, are legally permissible. Because of the fiscal difficulties of the State of California, State aid to the District has been reduced. The Board anticipates that there will continue to be significant reductions in State financial assistance to the District. The amount of these reductions is unknown at the time this measure was required to be placed on the ballot. PROPOSAL Passage of this measure would amend Ordinance No. 80-02 by increasing the amount of tax which could be imposed and authorizing the Board (for three years only) to determine the exact rate of tax annually, based on the District' s estimated need for revenue in the following year. The maximum amounts of tax which the Board would be authorized to levy range from a $350 maximum for a single family residence to $800 for multiple dwellings with five or more units. The Board could establish the tax rates at levels lower than those now in effect and could increase one or more of them up to the amounts fixed by the ordinance. The tax levied could not, however, exceed the maximum amounts established in the Ordinance without future voter approval . 94744.1 The new maximum rates would become effective for the tax year beginning July 1, 1993 . The special tax would continue to be collected at the same time as property taxes. The authority to increase the tax rates up to the specified maximums would remain in effect for a period of three years. Thereafter, unless the voters approved an extension at a future election, the special tax. rates automatically will be reduced to the rates established by Ordinance No. 80-02 , which are now in effect. The additional revenues derived from an increase in the special tax may be used only for fire protection and prevention. FISCAL EFFECT The fiscal effect will depend upon what changes, if any, are made by the Board to the existing tax rates. If the Board were to increase the tax rates applicable to each of the property categories to the maximum amounts authorized by Ordinance No. 93-01, the District estimates it would receive approximately $600, 000 in additional revenue annually. 94744.1