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HomeMy WebLinkAboutMINUTES - 04011997 - D5 D. 5- Contra Contra TO: BOARD OF SUPERVISORS x �"f COSta - S FROM: PHIL BATCHELOR � ' P County County Administrator ° CUIIN� C DATE: April 1, 1997 SUBJECT: RODEO-HERCULES FIRE PROTECTION DISTRICT BENEFIT ASSESSMENT BALLOT Specific Request(s) or Recommendation(s) & Background & Justification RECOMMENDATION: Consider whether to vote for or against the Rodeo-Hercules Fire Protection District benefit assessment to be levied on property owned by public agencies . REASONS FOR RECOMMENDATION/BACKGROUND: Since 1987 , the independent Rodeo-Hercules Fire Protection District has levied an annual benefit assessment for enhanced fire protection services . The assessment was implemented through a legal process that did not require majority approval by the affected property owners of the District. Proposition 218 approved by the voters in November 1996 now requires that such assessments be submitted to property owners for majority voter approval . Since the revenue raised by the current assessment equals approximately 48% of the District' s total revenue, the District is obliged to pursue voter approval to maintain its current funding and service level . Accordingly, the District has provided each property owner in the District with a ballot to be voted and returned to the District by April 7 , 1997 . Unlike the original assessment program requirements, Proposition 218 requires that assessments be levied on government owned properties unless exempted by the levying authority. This new requirement will, for the first time, result in fire. district assessments being levied on twenty (20) County owned properties in the fire district. If the assessment receives voter approval on April 7th, the District plans to hold a subsequent hearing to consider requests for exemption and/or adjustments in assessment amounts . In such a case, we would recommend that the County file a request for exemption from the assessments . Continued on Attachment:—X YES Signature2L� -- a -- Recommendation of County Administrator Recommendation of Board Committee Approve Other Signature(s) : Action of Board on: April 1 , 1497 Approved as Recommended x Other Y Following discussion by the Board of Slpezvisors, the Board WM in favor of the Roles Fire Protection Ihstrict ba-efit asses=t to be levied on property owed by public a@=es; AJUTR 7,FD the Giair, Board of aTexvisors, or the Canty Admr stratcr to sign the ballots to be subatted to the Pbde r brc lac Fire Protection District; and AJIU= staff to subrdt, what appropriate, reuests for eanptions or reductions in assesments. Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X Unanimous (Absent S ) AND ENTERED ON THE MINUTES OF THE Ayes : Noes : ) BOARD OF SUPERVISORS ON DATE SHOWN. Contact: Terry McGraw (335-1055) Attested: April 1, 1997 cc: County Administrator Phil Batchelor, Clerk of County Counsel theBo rd of Supervisors Rodeo-Hercules Fire Protection Dist. nd C y Administrator Flood Control Housing Authority By: o DEPUTY . 1�5 Rodeo-Hercules Fire Protection District Benefit Assessment Ballot Page 2 April 1, 1997 Based on information provided by the District, the following schedule indicates the amounts that would be levied on parcels owned by County governed entities as currently categorized. The schedule also shows the reduced amounts that would likely result from the appeal process : Number of Initial Annual Potential Final Owner Parcels Assessment Annual Assessment Contra Costa County 4 $ 832 $ 312 Flood Control 6 1,248 156 Housing Authority 7 3,640 3,640 Public Facilities Corp. 2 416 234 Redevelopment Agency 1 208 26 Total 20 $6 ,344 $4 , 368 We believe that property owners should support the fire agency that protects their property, however we are concerned about the fire district assessment becoming a precedent for governmental agencies taxing each other. We do not believe that assessments between governmental agencies is good public policy. We further believe that the County should support any efforts to clarify Proposition 218 as it relates to governmental agencies charging other governmental agencies . D. �tf� lsT NOTICE OF PUBLIC HEARING AND BALLOT FOR FIRE SAFETY BENEFIT ASSESSMENT On April 7, 1997 the Rodeo-Hercules Fire Protection District will hold a public hearing at 7:00 p.m. at the fire station located a 326 Third Street, Rodeo, California, concerning continuation of the District's Fire Safety Benefit Assessment. The District's existing Benefit Assessment has been levied for the cost of enhanced fire protection services since 1987. This notice has been developed as a consequence of the passage of Proposition 218, which was a statewide proposition passed by the voters in the November 1996 general election. Proposition 218 requires that all existing assessments which were not previously approved by a majority vote be repealed by July 1, 1997, or be subject to notice and a public hearing, and to a vote by property owners within the District. Under the current Benefit Assessment, a homeowner is charged$52.00 per single family residence annually and the District does not propose to change this charge-the Benefit Assessment would continue to be$52.00 per single family residence,just as under the existing Benefit Assessment. Included with this notice is a ballot, which you as the property owner can complete and return to the address provided in this notice. The procedures for completing the ballot are discussed below. Reason for the Benefit Assessment The Fire District provides fire protection services to the City of Hercules and the unincorporated Town of Rodeo. The Fire District's budget for providing these services,which includes the existing Benefit Assessment levy,totals approximately$2.1 Million. First enacted in 1987,the Fire DistricL Ie°+ ed a Bmicdlt Asseismeoi iu viurr io piuvide a i,ighei'level of service that hie additional revenue allows the District to provide. The expected revenue from continuing the Benefit Assessment is approximately$570,000 on a District-wide basis. In the absence of such an assessment,the District has approximately$1.6 Million within which to provide fire services,which is funded from existing property tax revenues, as well as a small amount of developer fee revenue as a result of new construction both in the City of Hercules and the Town of Rodeo. With only property tax and fee revenues,the District would be able to provide a basic level of service throughout the affected community. This level of service would mean that approximately ten(10)firefighters would operate out of one(1)full-time station, either in Rodeo or Hercules. With the addition of the assessment monies,however,the District has been able to provide a special benefit to all parcels subject to the assessment since 1987--which is a significantly higher level of service in order to provide coverage for the District from two fire stations, improving response time and response capability. This current higher level of service allows the District to provide approximately seventeen(17)firefighters manning two(2) stations-- one in Rodeo and one in Hercules -- on a full-time, around-the-clock basis. The enhanced manpower and base of two stations also allows the District to work in conjunction with neighboring jurisdictions in Pinole and Crockett to have automatic aid for the District as well as for these neighboring jurisdictions. How the Assessment is Calculated The Fire Safety Benefit Assessment is a flat dollar amount fee which is applied to each parcel of property within District's boundaries. The purpose of the Assessment is to continue to provide an additional level of service to the District's properties, since the level of service afforded by property tax revenues and developer fee monies provides a lesser standard of protection for the District. Because different types of parcels of property have different potential fire risks, each parcel, including the parcel(s)owned by you, has been assigned a"risk factor unit"which represents the relative fire risk of the particular type of property. As an example, an industrial type facility will have a much higher risk factor unit than will a single family residence or vacant lot. The amount of the Assessment for your lot or parcel is determined by multiplying the Benefit Assessment flat dollar amount($52.00)times the risk factor unit which applies to the particular parcel. The risk factor unit for your parcel(s)is shown on the enclosed Benefit Assessment Risk Schedule. The use code for your parcel is shown on the label attached to the enclosed ballot,to the right of the assessor's parcel number(APN). The use code is the two-digit number immediately to the right of the APN. In the case of a single family dwelling,these homes carry a risk factor unit of one. The amount of the Assessment for a single family dwelling is $52.00. This is determined by multiplying the risk factor unit(1)obtained from the enclosed schedule times the dollar amount of$52.00. This has been done in the same manner and means as under current District Ordinance 87-1 enacted in 1987. Similarly,for a commercial structure,the Fire Safety Benefit Assessment will be$156.00,just as under the current assessment ordinance. This is determined by multiplying the risk factor unit for commercial structures (3)times the flat dollar amount of$52.00. For your parcel(s), simply multiply the number of risk units shown on the attached schedule times $52.00 to calculate your Assessment. Duration ofthe Assessment The District proposes to continue to levy the Fire Safety Benefit Assessment on an annual basis for the maximum period authorized by law,unless earlier terminated by legislative enactment or initiative. Under the terms of Proposition 218,there is no maximum time limit prescribed by law, so that the District proposes to levy the Assessment year to year as has been its practice for the previous benefit assessment enacted in 1987. Procedures Applicable to Ballot Process Under the terms of Proposition 218, every owner of a parcel of property proposed to be assessed is entitled to cast a ballot either in favor of or protesting the Assessment. Enclosed with this notice is a form of ballot, which contains information obtained from the Contra Costa County Assessor's Office regarding the parcels of property you own,together with a notation on the label indicating the use code associated with that parcel of property. As noted above,the attached Benefit Assessment Risk Schedule shows you the risk units for your parcel(s)which are multiplied times $52.00 to determine the amount of the assessment. Ballots regarding the Fire Safety Assessment can be completed and mailed to Bohren& Company, Certified Public Accountants, who will provide ballot tabulation services to the Rodeo-Hercules Fire Protection District. The accountancy firm will tabulate the ballots, which can be submitted by mail to the address shown an the attached ballot, or submitted in person at the time of the public hearing on April 7, 1997. At the public hearing,the District will consider all ballots submitted, and all public comment including protests against the proposed Assessment and thereafter tabulate the final ballot total. The District will not impose the Assessment if there is a majority protest, which means the number of ballots submitted in opposition to the Assessment exceed the ballots submitted in favor of the Assessment. When tabulating the ballots, the ballots shall be weighed according to the proportional financial obligation of the affected property, as required by Proposition 218. If You Have Questions Or Need Additional Information In the event you have questions regarding this Notice or any of the materials discussed herein, please feel free to call the District offices at 799-4561 and ask to speak to either Mr. Dennis Salmi, Assistant Chief, or Donna Heymans, Administrative Secretary for the District. BENEFIT ASSESSMENT RISK SCHEDULE USE CODE RISK UNIT EXPLANATION 10 0.50 VACANT-UNBUILDABLE 11 1.00 SINGLE FAMILY RESIDENCE, i RES, 1 SITE 12 1.00 SINGLE FAMILY RESIDENCE,1 RES,2 OR MORE SITES 13 2.00 SINGLE FAMILY RESIDENCE,2 RES ON 1 OR MORE SITE 14 1.00 SINGLE FAMILY RESIDENCE,OTHER THAN SINGLE FAMI 15 0.50 MISC IMPROVEMENTS-1 SITE 16 0.50 MISC IMPROVEMENTS-2 OR MORE SITES 17 0.50 VACANT-i SITE 18 1.00 VACANT-2 OR MORE SITES 19 1.00 SINGLE FAMILY RESIDENCE-DET W/COMMON AREA 20 0.50 VACANT-MULTIPLE 21 2.00 DUPLEX 22 2.00 TRIPLEX 23 2.00 FOURPLEX 24 2.00 COMBINATIONS 25 5.00 APARTMENTS(5-12 UNITS) 26 7.00 APARTMENTS(13-24 UNITS) 27 10.00 APARTMENTS(2559) 28 10.00 APARTMENTS(60+UNITS) 29 1.M ATTACHED PUDS:CLUSTER HOMES,CONDOS, ETC. 30 0.50 VACANT-COMMERCIAL 31 3.00 COMMERCIAL STORES-NOT SUPERMARKETS 32 3.00 SMALL GROCERY STORES(7-11,ETC) 33 4.00 OFFICE BUILDINGS 34 4.00 MEDICAL,DENTAL 35 4.00 SERVICE STATIONS,CAR WASH 36 4.00 GARAGES 37 2.00 COMMUNITY FACILITIES(RECRETAIONAL,ETC) 38 5.00 GOLF COURSES 39 5.00 BOWLING ALLEYS 40 6.00 BOAT HARBORS 41 6.00 SUPERMARKETS(NOT IN SHOPPING CENTERSO 42 7.00 SHOPPING CENTERS(INCL.VACANT FOR FUTURE) 43 4.00 FINANCIAL BUILDING(INS.TITLE,BANKS,S&L) 44 5.00 MOTELS,HOTELS&MOBILE HOME PARKS 45 5.00 THEATERS 46 3.00 DRIVE-IN RESTAURANTS 47 5.00 RESTAURANTS(NOT DRIVE-IN) 48 5.00 MULTIPLE&COMMERCIAL 49 5.00 NEW CAR AGENCIES 50 5.00 INDUSTRIAL VACANT LAND(NOT INDUS. PARK) 51 7.00 INDUSTRIAL PARK 52 7.00 RESEARCH&DEVELOPMENT(WI OR W/O STRUCTURES 53 7.00 LIGHT INDUSTRIAL 54 10.00 HEAVY INDUSTRIAL 61 1.00 RURAL, RES. IMPROV. 1A-10A 62 1.00 RURAL,W/OR W/O MISCL STRUCT 1A-1 OA 63 2.00 URBAN ACREAGE IOA40A 64 3.00 URBAN ACREAGE IOA-40A 65 2.00 ORCHARDSNINEYARDS 10A-40A 66 3.00 ORCHARDSMNEYARDS 40A&OVER 67 2.00 DRY FARMING IOA-40A 68 3.00 DRY FARMING 40A&OVER 69 2.00 AGRICULTURAL PRESERVES 70 6.00 CONVALESCENT HOSPITALS 71 3.00 CHURCHES 72 5.00 SCHOOLS(PUBLIC&PRIVATE) 73 6.00 HOSPITALS 74 3.00 CEMETARIES 75 4.00 FRATERNAL&SERVICE ORGANIZATIONS T7 3.00 CULTURAL USES 78 1.00 PARKS&PLAYGROUNDS 79 4.00 GOVERNMENT OWNED(FED,STATE,CIN&BART) 80 0.50 MINERAL RIGHTS 81 0.50 PRIVATE ROADS 82 4.00 PIPELINES&CANALS 83 3.00 STATE BOARD ASSESSED 84 3.00 UTILITIES 85 1.00 PUBLIC&PRIVATE PARKING 86 2.00 MUNICIPALLY OWNED 87 2.00 COMMON AREA 88 1.00 MOBILE HOMES t . Rodeo-Hercules Fire District Fire Safety Benefit Assessment OFFICIAL BALLOT I am the owner of the parcel or parcels identified on this ballot, and hereby cast my vote u IN SUPPORT Please return this ballot to the address shown in lower left hand comer or you may tum it in at the Public Hearing on April 7, 1997 at 7:00 p.m at 326 Third Street, Rodeo, California INOPPOSITION to the Fire Safety Benefit Assessment. Signature DtA Signature Date 355-010-004-8 79 5 1421 CONTRA COSTA COUNTY Bohren &Company 651 PINE ST 1340 Arnold Drive, Suite IIS MARTINEZ CA 94553 ^ � Martinez, CA 94553 Rodeo-Hercules Fire District Fire Safety Benefit Assessment OFFICIAL BALLOT I am the owner of the parcel or parcels identified on this ballot. and hereby cast my vote IN SUPPORT Please return this ballot to the address shown in lower left hand corner or you may turn it in at the Public Hearing on April 7, 1997 at 7:00 p.m. at 326 Third Street, Rodeo. California INOPPOSITION to the Fire Safety Benefit Assessment. Signature Date Signature Date 357-081-015-4 Contra Costa County 1220 Morello Martinez, CA 357-054-016 Contra Costa County 1220 Morello Martinez, CA 357-052-006-8 Contra Costa County 1220 Morella Bohren & Company Martinez, CA 1340 Arnold Drive, Suite 118 Martinez, CA 94553 Rodeo-Hercules Fire District Fire Safety Benefit Assessment OFFICIAL BALLOT I am the owner of the parcel or parcels identified on this ballot, and hereby cast my vote IN SUPPORT Please return this ballot to the address shown in lower left band comer or you may turn it in at the Public Hearing on April 7, 1997 at 7:00 p.m at 326 Third Street. Rodeo, California INOPPOSITION to the Fire Safety Benefit Assessment. Signature Date Signature Date 357-163-030-4 79 1 1411 358-080-013-8 79 1 1412 CCC FLOOD CONTROL DISTRICT CCC FLOOD CONTROL DISTRICT 6TH FLR AOM BLDG 6TH FLR ADM BLDG MARTINE7 CA 94553 MARTINEZ CA 94553 358-140-003-7 79 1 1412 358-091-021-8 79 1 1412 CCC FLOOD CONTROL DISTRICT CCC FLOOD CONTROL DISTRICT 6TH FLR ADM BLDG 6TH FLR ADM BLDG MARTINEZ CA 94553 MARTINEZ CA 94553 404-020-006-7 79 6 1180 CCC FLOOD CONTROL DISTRICT 6TH FLR ADM BLDG MARTINEZ CA 94553 357-162-031-3 79 1 I41I CCC FLOOD CONTROL DISTRICT Bohren'&Company 6TH FLR ADM BLDG 1340AnnoldDrive, Suite 118 MARTINEZ CA 94553 Martinez, CA 94553 0 Rodeo-Hercules Fire District Fire Safety Benefit Assessment OFFICIAL BALLOT I am the owner of the parcel or parcels identified on this ballot, and hereby cast my vote IN SUPPORT Please return this ballot to the address shown in lower left hand corner or you may tum it in at the Public Hearing on April 7, 1997 at 7:00 p.m at 326 Third Street, Rodeo, California INOPPOSITION 357-363-001-3 to the Fire Safety Benefit Assessment. CCC Housing Authority P.O. Box 2396 Martinez, CA 357-351-001-7 �1L CCC Housing Authority Signature I P.O. Box 2396 Martinez, CA Signature 357-353-001-5 CCC Housing Authority 357-352-001-6 P.O. Box 2396 CCC Housing Authority Martinez, CA P.O. Box 2396 Martinez, CA 357-362-001-4 CCC Housing Authority 357-361-001-5 P.O. Box 2396 CCC Housing Authority Martinez, CA P.O. Box 2396 Martinez, CA 357-340-001-1 CCC Housing Authority P.O. Box 2396 Bohren &Company Martinez, CA 1340 Arnold Drive, Suite 118 Martinez, CA 94553 Rodeo-Hercules Fire District Fire Safety Benefit Assessment OFFICIAL BALLOT I am the owner of the parcel or parcels identified on this ballot, and hereby cast my vote IN SUPPORT Please return this ballot to the address shown in lower left hand comer or you may tum it in at the Public Hearing on April 7, 1997 at 7:00 p.m. at 326 Third Street, Rodeo, California INOPPOSITION to the Fire Safety Benefit Assessment. Signature Date Signature Date 404-182-001-2 CCC Public Facilities 1220 Morella Avenue Martinez, CA P .ry 357-171-006-4 iy't 1 CCC Public Facilities 1220 Morello Avenue Martinez, CA 404-1.82-002-0 CCC Public Facilities 1220 Morello Avenue Bohren &Company Martinez, CA 1340 Arnold Drive, Suite 118 Martinez, CA 94553