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TO: BOARD ���, '',°�
OF SUPERVISORS .- •. Contra
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FROM: Mary N. Piepho, Supervisor District III - Costa
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DATE: April 19, 2005 ,,, �� Count
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SUBJECT: Hearing on Proposed Police Service Special Taxes
for County Service Area P-2 (Zone A) (Blackhawk),,
Related OrdinanceFixing �•
Adoption and Fixing of Election
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS:
1. Adopt the Resolution authorizing an election for County Service Area P-2 (Zone A)
(Resolution No. 2005/141).
2. Adopt the Ordinance authorizing an increased special tax for police protection services
in County Service Area P-2 (Zone A) (Ordinance No. 2005-09).
3. Direct the County Clerk to conduct the election required by Government Code sections
23027 and 53978. This election shall be conducted by mail-in ballot on August 30, 2005.
II. FINANCIAL IMPACT:
The Elections Department has advised that the cost for an August 30, 2005 mail-in election
would be approximately $4.00 per voter registered in County Service Area P-2 (Zone A).
Based on the most current count of registered voters in the CSA P-2 (Zone A) of 4,357,
the mail-in election cost is estimated not to exceed $17,428. The cost of the election will
be charged to the subject special tax levy or other available funds of CSA P-2 (Zone A).
III. BACKGROUND:
The Blackhawk Police Advisory Committee for County Service Area P-2 (Zone A) is proposing
a tax increase measure for an August 30, 2005 mail-in election. The authorized staffing level
in CSA P-2 (Zone A) is three deputy sheriff positions and one police manager (Lieutenant).
Budget restrictions have reduced current coverage to two and one half deputy sheriff
positions and one police manager.
CONTINUED ON ATTACHMENT: ®YES SIGNATURE:
❑
RECOMMENDATION OF COUNTY MI STRATOR El RECOMMENDATION OF BOARD COMMITTEE
❑APPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOARD ON
APPROVED AS RECOMMENDEDOTHER ❑
VOTE OF-S-1-11129-:12-1-111 nQc. I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES:
SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED
Contact: Gloria Sutter 335-1525 JOHN SWEET CLERK OF THE BOARD OF
cc: Office of the Sheriff SUPERVISORS AND COUNTY ADMINISTRATOR
CAO-Justice System Administration
By: eputy
+ 1
J
Hearing on Proposed Police Services Special Taxes
for County Service Area P-2 (Zone A) (Blackhawk),
Related Ordinance Adoption and Fixing of Election
April 19, 2005
Page 2
If passed by a two-thirds majority of the electorate, the measure would provide additional
funding for police protection within the boundaries of this County Service Area, which will
allow Blackhawk to restore the authorized level of police services from 2006 through 2011.
g
If there is no additional revenue, the P-2A Board will be forced to further reduce coverage
in 2006.
f
The Blackhawk Committee for Ongoing Police Service has been actively promoting the
Proposed measure in the community, and presentations regarding the tax increase proposal
have been made to various groups, including the Blackhawk Homeowners Association.
There has been no significant opposition voiced during the ongoing promotional campaign.
The Committee for Ongoing Police Service is continuing in its efforts to promote the tax
increase proposal and to assemble\sponsors who are known for their contributions to the
Blackhawk community to-be listed a4n promotional mailings to be sent prior to the special
mail-in election.
t
IV. CONSEQUENCE OF NEGATIVE ACTION:
Failure to take action would negate the AdvisoryCommittee's effort to put the measure before
the electorate on an August 30, 2005 ballot.
ORDINANCE NO, 2005-09
(Amending and Ordinance of the Board of Supervisors of Contra Costa County
to Authorize an Increased Special Tax for Police Protection in
Zone A, County Service Area P-2)
The Contra Costa County Board of Supervisors ORDAINS as follows:
Ordinance No. 95-55 of the County Ordinance Code is amended to read as follows:
ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to
authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra
Costa County that are within Zone A of County Service Area P-2 in order to augment funding
for extended police protection.
This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California
Constitution. Because the burden of this tax falls upon property, this tax also is a property tax,
but this tax is not determined according to nor in any manner based upon the value of the
property; this tax is levied on a parcel and use legislation authorizing special taxes and insofar
as applicable to a property tax that is not based on value, such provisions of the California
Revenue Taxation Code and of Article X111 of the California Constitution as related to ad
valoremproperty taxes are intended to apply to the collection and administration of this tax
(Article IV of this ordinance), as authorized by law.
The revenue raised by this tax is to be used solely for the purposes of obtaining, furnishing,
operating, and maintaining police protection equipment or apparatus, for paying the salaries
and benefits of police protection personnel, and for such other police protection service
expenses (including the election costs for approval of this and similar ordinances) as are
deemed necessary.
ARTICLE 11. DEFINITIONS. The following definitions shall apply throughout this
Ordinance:
1. "Parcel" means the land and any improvements thereon, designated by an
assessor'sparcel map and parcel number and carried on the secured property tax roll of Contra
Costa County. For purposes of this Ordinance, parcel does not include any land or
improvements outside the boundaries of Zone A of County Service Area P-2 nor any land or
improvements owned by any governmental entity.
2. "Fiscal Year" means the period of July 1 through the following June 30.
3. "Zone" means Zone A of County Service Area P-2, which is the Blackhawk area
within the boundaries of County Service Area M-23.
4. "Ad valorem property taxespy or "ad valorem real property taxes" means taxes
imposed pursuant to Division 1, Property Taxation, of the Revenue and Taxation Code of
California on secured roll real property subject to being sold for delinquency of such taxes.
5. "Single Residential" means parcels assigned the following use codes by the
Assessor of Contra Costa County for ad valorem property tax purposes: 10, 11, 12, 13, 14, 15,
17,19, 29, 61, 62, 88.
ORDINANCE NO. 2005-09
1 of 3
6. "Small Multiple Residential" means parcels assigned the following use codes by
the Assessor of Contra Costa County for ad valorem property tax purposes: 21, 221 23, 24.
7. "Large Multiple Residential" means parcels assigned the following use codes by
the Assessor of Contra Costa County for ad valorem property tax purposes: 25, 26, 27, 28.
8. "Commercial/industrial/institutional" means parcels assigned the following use
codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 30, 31,
321 33, 34, 35, 36, 37, 39, 419 42, 43, 44, 46, 47, 49, 50, 51, 52, 539 54, 639 70, 74, 75, 83, 84,
85.
9. "Commercial/Theater 11 means parcels assigned the following use code by the
Assessor of Contra Costa County for ad valorem property tax purposes: 45.
10. "Use Code" means the code number assigned by the Assessor of Contra Costa
County in order to classify parcels according to their use for ad valorem property tax purposes.
A copy of the Assessor's use code classification chart is attached hereto as Appendix A and
incorporated herein.
ARTICLE Ill. AMOUNT AND LEVY OF TAXES.
1. The tax per year on each parcel in Zone A of County Service Area P-2 shall not
exceed the following amount for the applicable Property Use Category:
Property Use category Amount of Tax Per Parcel
1. Single Residential $ 280
2. Small Multiple Residential 280
3. Large Multiple Residential 280
4. Commercial/industrial/Institutional 1,680
5. Commercial/Theater 8,400
2. Prior to the end of each July, the Board of Supervisors of Contra Costa County
shall levy taxes upon the parcels in Zone A for the then current fiscal year in amounts not
exceeding the above-listed maximums per parcel.
3. The taxes levied on each parcel pursuant to this Article shall be a charge upon
theparcel and shall be due and collectible as set forth in Article IV, below. A complete listing
of the amount of taxes on each parcel shall be maintained by the Clerk of the Board of
Supervisors of the County of Contra Costa and be available for public inspection during the
remainder of the fiscal year for which such taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
1 Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a lien on such
property in accordance with Revenue and Taxation Code section 2187, and shall
have the same effect as an ad valorem real property tax lien until fully paid.
ORDINANCE NO. 2005-09
2 of 3
2. Collection.
The tax on each parcel shall be billed on the secured roll tax bills for ad valorem
property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as
not inconsistent 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 valorem property taxes shall be applicable to the
collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax:
(1) the secured roll tax bills shall be the only notices required for this tax, and (2) the
homeowners and veterans exemptions shall not be applicable because such exemptions are
determined by dollar amount of value.
3. Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and
administering this tax shall be deducted from the collected taxes before remittal of the balance
to Zone A of County Service Area P-2.
ARTICLE V. SEVERABILITY CLAUSE.
If any article, section, subsection, sentence, phrase or clause of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion of
this Ordinance. The voters within Zone A of County Service Area P-2 hereby declare that they
would have adopted the remainder of the Ordinance, including each article, section,
subsection, sentence, phrase or clause, irrespective of the invalidity of any other article,
section, subsection, sentence, phrase or clause.
ARTICLE VI. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the
voters voting within Zone A of County Service Area P-2 in an election to be held August 30,
2005 so that taxes shall first be collected hereunder for the tax year beginning July 1, 2006.
This ordinance supersedes Ordinance 81-16 in its entirety as to Zone A of County Service
Area P-2 to allow the leveraging of the increased amount of taxes commencing July 1, 2006.
01
Ise
PASSED ON alA by the following vote:
NOW-
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkerna
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: JOHN SWEETEN, Clerk of the
Board of Supervisors and County Administrator Boar Chair
By: [SEAL]
Deputy
ORDINANCE NO. 2005-09
3 of 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
SUBJECT: Authorizing Election for an Increase )
in a Special Tax on Secured Roll ) RESOLUTION NO. 2005/141
Property in Order to Provide ) (Govt. Code §§ 23027, 50077, 53978)
Additional Funding for Police )
Protection in CSA P-2 (Zone A) )
(Blackhawk) )
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board recognizes the need for increased extended police services in Zone A of the
County Service Area P-2 and the difficulty of funding the current or increased level of services by
revenues now available. Government Code sections 23027, 50077 and 53978 establish
procedures for voter authorization of a special property tax in order to provide additional funding
for police protection.
This Board has adopted on this date Ordinance No. 2005-09 in order to increase the
special tax for police protection. This Board hereby RESOLVES that this Ordinance is to be
presented for approval of the voters of County Service Area P-2 (Zone A) at an election to be
held by mail on August 30, 2005 according to the following ballot proposition:
"Shall Contra Costa County Ordinance 2005-09 be approved
to increase the existing parcel tax on County Service Area P-2
(Zone A), to annual maximums of$280 per parcel for residential
property (single and multiple), $1,680 per parcel for commercial/
industrial/institutional property, and to $8,400 per parcel for
commercial/theater property to provide funding to restore the
level of police protection services to 4 officers within that area?"
The Contra Costa County Registrar of Voters is designated as the Election Oficial for election,
and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices
and take all other actions necessary to holding the aforementioned election including, but not
limited to, providing notices of times within which arguments for and against are to be submitted.
Passed and Adopted on � , by the following Supervisors vote:
�G UNANIMOUS (ABSENT/
AYES NOES
ABSENT: ABSTAIN 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:
Orig: District III Supervisor's Once L%%%� �✓
Contact: Lt. Kevin Ryan(736-1018) ATTESTED: (date)
cc: County Administrator JOHN SWEETEN, Clerk of the Board of
Sheriff-Coroner Supervisors and County Administrator
Assessor It
Clerk, Elections Department By: , Deputy
Auditor
Tax Collector
County Counsel
RESOLUTION NO. 2005/141