HomeMy WebLinkAboutMINUTES - 08091988 - 2.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 9, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Park Facility Ballot Measure
The Board received the attached report dated August 8,
1988 from Victor J. Westman, County Counsel, relative to a proposed
special tax measure on the November 1988 ballot to provide funding
for recreation programs and park facilities in the Oakley area.
IT IS BY THE BOARD ORDERED that receipt of the attached
report is ACKNOWLEDGED.
cc: County Administrator
of
Supervisor Torlakson t hereby certify tht this is a true and correct copy
an ac-121ion taken and entered on the minuiez of itle
Board of Supervisors on the date: shown
ATTESTED: /SQes6
PF-E' BATC14ZfORI Clerk of the Board
of supervisors and Couiaty Administrator
By , Deputy
COUNTY COUNSEL ' S OFFICE
CONTRA COSTA COUNTY
MARTINEZ , CALIFORNIA
Date: August 8, 1988
To: Board of Supervisors
From: Victor J. Westman, CountRuKel
Re: Proposed Oakley Recreation and Parks November Special Tax
Election
Background and Conclusion. On July 19, 1988 the Board of
Supervisors requested a report on the possibility of a special
tax measure appearing on the November 1988 ballot to provide
funding for recreation programs and park facilities in the Oakley
area. It is not possible at this time to call this type of
November special tax election for the Oakley area. As
hereinafter discussed, such a special tax election could be
called for March 7, June 6 or November 7, 1989 (Elec.C. S 3710)
assuming appropriate procedures are initiated and completed.
Discussion.
1 . Government Code S 50077 . In June of 1986, the County
held a successful special tax election to finance park and
recreational programs and facilities in the Crockett area
pursuant to the provisions of Government Code § 50077 . That
section of the Government Code is contained in Article 3 .5 of
Division 1 of Title V of the Government Code. Proposition 62
(adopted on 11-4-86 ) repealed the authority of cities, counties
and special districts to authorize special tax elections pursuant
to the provisions of Article 3 .5 (including its S 50077 ) .
Proposition 62, by its addition of Government Code S 53727 (a) ,
removed the authority of counties to conduct special tax
elections pursuant to Government Code § 50077 unless some other
state statute authorizes a particular purpose special tax
election.
2 . Mello - Roos Community Facilities Act of 1982.
Pursuant to the Mello - Roos Community Facilities Act of 1982
(Govt.C. S 53311 et seq. ) , after the formation of a community
facilities district, a special tax election may be called to
obtain voter authorization to finance park and recreation
facilities and services (Govt. C. SS 53313 & 53313(a) . ) The
Board of Supervisors -2- August 8, 1988
Mello - Roos Act cannot be used for a November 1988 election
since it requires at least a 30 day notice before a hearing can
be conducted on any proposal to call a special tax election and
form a community facilities district. The Elections Department
has indicated that the last date to place a special tax measure
on the ballot is August 12, 1988 . If initiated in a timely
manner, a Mello-Roos special tax measure could be considered for
a March 7 , June 6 or November 7 , 1989 election date.
3 . Landscaping and Lighting Act of 1972 . While it is too
late in Fiscal Year 1988-89 to conduct a Landscaping and Lighting
Act of 1972 assessment proceeding to provide for an annual
assessment to be collected on the 1988-89 Tax Roll, consideration
could be given to utilizing this procedure if undertaken in a
timely manner for future fiscal years . This is the assessment
procedure utilized in 1986 to allow an annual county levy to
finance certain physical landscaping and other facility
maintenance for the Ambrose Park and Recreation District. I
believe the staff work for the establishment and continuation of
annual assessments under the 1972 Act for the Ambrose Park and
Recreation District was performed by the County's Public Works
Department.
It should be noted that 1972 Act assessments may not
completely fund the provision of recreational facilities and
programs for the Oakley Area since 1972 Act assessments may only
be used for the installation or construction of landscaping,
fountains, park or recreational physical improvements, lights,
playground equipment, play courts, public restrooms and their
maintenance or servicing. (S.&H.C.§22525 . ) The 1972 Act also
provides for the acquisition of land for park and recreational
purposes . (S.&H.C. S 22525(g) . )
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cc: Phil Batchelor, County Administrator
Harvey Bragdon, Community Development Director
J. Michael Walford, Public Works Director