HomeMy WebLinkAboutMINUTES - 08131996 - D6 D. 6
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 13, 1996 by the following vote:
AYES: Supervisors Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: Supervisor Rogers
ABSTAIN: None
SUBJECT: Authorization of a special tax election and public
hearing to consider a benefit assessment for County
Service Area M-29, Dougherty Valley-San Ramon area.
Project No. 6X 5067 .
On August 6, 1996, the Board of Supervisors continued to
this date consideration of the authorization of a special tax.
election and public hearing to consider a benefit assessment for
County Service Area M-29, Dougherty Valley-San Ramon area.
Mike Walford, Public Works Director, advised of a request
from Adam Lindgren, McCutcheon, Doyle, Enerson, attorney for the
applicants, for a continuance of this item to September 10, 1996 .
IT IS BY THE BOARD ORDERED that the above matter is
CONTINUED to September 10, 1996 .
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cc : Public Works BY
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Skip Epperly
D. Curtin
McCutcheon, Doyle, Enerson
City of San Ramon
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: AUGUST 13, 1996
SUBJECT: AUTHORIZE A SPECIAL TAX ELECTION AND PUBLIC HEARING TO CONSIDER A
BENEFIT ASSESSMENT FOR COUNTY SERVICE AREA M-29, DOUGHERTY VALLEY-
SAN RAMON AREA. PROJECT NO. 6X 5067
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. Adopt Ordinance No. 96/ authorizing a special election for a special tax to provide funding
for extended services for Cou_niiTervice Area M-29 (Dougherty Valley).
2. Adopt Resolution No. 96/ accepting the tentative report and setting a public hearing to consider
assessing a benefit assessment-for County Service Area M-29 (Dougherty Valley), and fixing the public
hearing for October 1, 1996 at 10:15 a.m. in Room 107 of the Board of Supervisors Chambers, 651 Pine
Street, Martinez, California 94553.
3. Adopt the order directing the County Clerk (Elections Division) to conduct the election required by
Resolution 96/ and distribute the tax benefit assessment ballot.
4. Approve the ballot propositions.
II. Financial Impact:
The special tax and proposed benefit assessment will be used to fund extended services for CSA M-29
with no fiscal impact to the County General Fund.
III. Reasons for Recommendations and Background:
On May 21, 1996 the Board adopted Resolution No. 96/238 forming the County Service Area M-29
(Dougherty Valley), San Ramon Area ("CSA M-29"). Resolution No. 96/238 states that it is
contemplated that CSA M-29 will be supported by a benefit assessment or by special taxes authorized
pursuant to Government Code Sections 25210.6a, 23027 and/or 50075 et seq. It is contemplated that the
service area will be supported solely by user fees and benefit assessments or by special taxes authorized
pursuant to Government Code Sections 25210.6a, 23027 and/or 50075 et seq.
Continued on attachment: X Yes SIG NATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSEN
AYES: NOES:
ABSENT: ABSTAIN:
SE:cs
g:\EngSvc\SpDist\BO\M-29 6.t8
Contact: Skip Epperly,(510)313-2253
Orig.Div.: PW(Special Districts) .
cc: Auditor-Controller
Accounting
Assessor
Community Development
County Administrator
County Counsel
County Clerk-Elec' Division
D.Curtin,Mc en,Doyle,Enerson
City of San mon
AUTHORIZE A SPECIAL TAX ELECTION AND PUBLIC HEARING TO CONSIDER A BENEFIT
ASSESSMENT FOR COUNTY SERVICE AREA M-29
AUGUST 13, 1996
PAGE TWO
The purpose of the County service areas is to provide extended public facilities and services in the
County service area M-29. This provision of extended services is more fully presented in the Plan for
Providing Services for this service area, on file with the Local Agency Formation Commission of Contra
Costa County.
The services to be provided by County Service Area M-29 (CSA M-29) include the following types of
extended services: extended police services and construction operation and maintenance of park, trails,
recreation areas, open space, special landscaped areas, library, community center, senior center,
corporation yard, flood control and storm drainage facilities, and internal road network (including
bicycle paths and park and ride lots); and other extended County facilities and services as prescribed in
Government Code Sections 25210.4 et seq. These services in particular are set forth in the plan for
Providing Services for this service area, on file with the Local Agency Formation Commission of Contra
Costa County.
As territory of CSA M-29 is annexed into the City of San Ramon upon request of the County, the City
of San Ramon or the affected property owners, LAFCO is to waive the application of Government Code
Section 25210.9 so that the property being annexed can stay within the County service area pursuant to
Government Code Section 56375(p).
The regularly County assessment roll will be used for the collection of such fees and assessments in the
affected territory and for collection of any taxes that may be approved.
IV. Consequences of Negative Action:
The benefit assessment will not be levied and the project may not be able to proceed.
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ORDINANCE NO. 96 -_AUTHORIZING A SPECIAL ELECTION FOR A
SPECIALTAX TO PROVIDE FUNDING FOR EXTENDED SERVICES FOR COUNTY
SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA
The Contra Costa County Board of Supervisors, as itself and constituting the Governing
Body of Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area
ORDAINS as follows:
ARTICLE I. PURPOSE AND INTENT. The purpose of this Ordinance is to authorize
the levy of a special tax on parcels of real property on the secured property tax roll of Contra
Costa County that are within the County Service Area M-29 (Dougherty Valley), San Ramon
Area(CSA M-29). CSA M-29 was formed on May 21, 1996 by Board of Supervisors
Resolution No. 96/238. Resolution No. 96/238 states that it is contemplated that CSA M-29 will
be supported by special taxes authorized pursuant to Government Code Sections 25210.6a,
23027 and/or 50075 et seq. This Ordinance provides for a county service area special tax
authorized by Government Code Section 25210.6a, a county special tax authorized by
Government Code Section 23027, and a special tax authorized by Government Code Section
50075 et seq. The revenues raised by this tax shall be used to provide the following extended
services (the "Extended Services"): extended police services and construction, operation and
maintenance of parks, trails, recreation areas, open space, special landscape areas, library,
community center, senior center, corporation yard, flood control and storm drain facilities, and
internal road network(including bicycle paths and park and ride lots), and other extended County
facilities and services as prescribed in Government Code Sections 25210.4 et seq.
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 property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent
with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a
property tax that is not based on value, such provisions of the California Revenue and Taxation
Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are
intended to apply to the collection and administration of this tax(Article IV of this Ordinance),
as authorized by law.
ARTICLE II. DEFINITIONS. The following definitions shall apply throughout
this Ordinance:
1. "Parcel"means the land and any improvements thereon, designated by an assessor's
parcel map and parcel number and carried on the secured property tax roll of Contra Costa
County. For the purposes of this Ordinance,parcel does not include any land or improvements
outside the boundaries of County Service Area M-29 nor any land or improvements owned by
any governmental entity(including the Camp Parks facilities owned by the U.S. government).
2. "Fiscal year"means the period of July 1 through the following June 30.
3. .Contra Costa County Service Area M-29 means the territory located within the
boundaries of CSA M-29.
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CA962040.016
4. "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. A copy of the
Assessor's use code classifications chart is attached hereto as Exhibit A and incorporated herein.
[Text to be added]
5. "Consumer Price Index"means the Consumer Price Index for all Urban Consumers
(CPI-U) for the San Francisco-Oakland-San Jose Area for April of the fiscal year immediately
preceding the levy of the tax, as published by the U.S. Department of Labor, Bureau of Labor
Statistics. If the Consumer Price Index is discontinued or revised, such other government index
or computation with which it is replaced shall be used in order to obtain substantially the same
result as would be obtained if the Consumer Price Index had not been discontinued or revised.
6. "Constant first year dollars"means an actual dollar amount which, in years
subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the
base amount in first fiscal year dollars as measured by the Consumer Price Index. The base
amount shall be the amount of tax per parcel as specified in Article III IA herein. The adjustment
from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in
Section 111 113 herein.
ARTICLE III. AMOUNT OF LEVEL OF TAXES
1. The tax per year on each parcel in CSA M-29 shall not exceed the amount applicable
to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year(July 1, 1997 through June 30, 1998) shall be the
Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit B
incorporated herein.
B. For Subsequent Fiscal Years:
In order to keep the tax on each parcel in constant first year dollars for each fiscal year
subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect
any increase in the Consumer Price Index beyond the first fiscal year a tax is levied.
In each July, the Board of Supervisors of Contra Costa County shall determine the
amount of taxes to be levied upon the parcels in CSA M-29 for the then current fiscal year as set
forth below.
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CA962040.016
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For each Property Use Category in Exhibit B,the tax per year on each parcel for each fiscal year
subsequent to the first fiscal year shall be an amount determined as follows:
Tax Per Parcel Tax Per Parcel (Consumer Price Index
For Then Current= For First X for April of Immediately
Fiscal Year Fiscal Year Preceding Fiscal Year)
(Consumer Price Index for First
Fiscal Year of Levy)
Provided, however, that in no event shall the tax per parcel for any fiscal year be less than
the amount established for the first fiscal year.
2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the
parcel 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 Public Works Department of the
County of Contra Costa at Martinez, 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.
2. Collection.
The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem
property taxes and shall be payable to the County of Contra Costa. Insofar as feasible and
insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner
in which the County collects secured roll ad valorem property taxes. Insofar as feasible and
insofar as not inconsistent with this Ordinance,the times and procedure 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.
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CA962040.016
The reasonable costs incurred by the County officers collecting and administering this
County special tax shall be deducted from the collected taxes. Otherwise, the proceeds of such
tax shall be used only for the benefit of residents in the Dougherty Valley area.
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ARTICLE V. SEVERABILITY CLAUSE.
If any article, section, subsection, sentence,phrase of clause of this Ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portion of
this Ordinance. The voters of the area hereby declare that they would have adopted the
remainder of this 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 VII. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation by two-thirds of the
voters voting within the CSA M-29 area in an election to be held October 15, 1996. Taxes under
this Ordinance will be levied on the first day of the fiscal year following the fiscal year in which
a building permit was issued for the parcel to be taxed.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of
Contra Costa, State of California, on August 13, 1996 by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and County Administrator
By:
Deputy Board Chair
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EXHIBIT A
"ASSESSORS USE CODE CLASSIFICATIONS"
(To be Provided)
EXHIBIT B
"PROPERTY USE CODE CATEGORY"
(To Be Provided)
THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on 1996,by the following vote:
AYES:
NOES:
ABSENT:
RESOLUTION NO. 96-
SUBJECT: RESOLUTION ACCEPTING THE TENTATIVE REPORT, AND SETTING A
PUBLIC HEARING TO CONSIDER ASSESSING A BENEFIT ASSESSMENT
FOR COUNTY SERVICE AREA M-29(DOUGHERTY VALLEY),SAN RAMON
AREA.
The Board of Supervisors of Contra Costa RESOLVES THAT:
1. On May 21, 1996 the Board adopted Resolution No. 96/238 forming the County Service
Area M-29 (Dougherty Valley), San Ramon Area("CSA M-29").
2. The property within CSA M29 will receive a special benefit over and above that
received by the general public in the form of the following types of extended services(the"Extended
Services"): extended police services and construction, operation and maintenance of parks,trails,
recreation areas, open space, special landscape areas, library, community center, senior center,
corporation yard, flood control and storm drain facilities, and internal road network (including
bicycle paths and park and ride lots),and other extended County facilities and services as prescribed
in Government Code Sections 25210.4 et seq. These services in particular are set forth in the Plan
for Providing Services for this service area, on file with the Local Agency Formation Commission
of Contra Costa County(LAFCO).
3. Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported
by benefit assessments.
4. A copy of the Tentative Report for the CSA M-29 Benefit Assessment(the"Tentative
Reporf'), prepared pursuant to Article 1012-2.6 of the Contra Costa County Code, is attached as
Exhibit A. The Tentative Report includes: a description of each parcel of real property receiving
the miscellaneous extended service; the total basic benefit assessment for the entire service area; the
estimated benefit assessment for each parcel; the calculations supporting the benefit assessment; a
legal analysis/explanation of why Camp Parks will not be subject to the proposed benefit assessment;
and a detailed engineer's report prepared by a registered, certified professional engineer.
5. Based on its review of the Tentative Report, the Board finds that:
A. The Extended Services provided by the proposed benefit assessment will
directly benefit the assessed properties by increasing their value and habitability.
B. The cost of the proposed benefit assessment is proportional to the benefits
that will be bestowed on the properties to be assessed.
RESOLUTION NO. 96/
RESOLUTION
AUGUST 13, 1996
PAGE TWO
C. The proposed benefit assessment is not applicable to the parcels in Camp Parks
because the legal analysis/explanation in the Tentative report provides clear and
convincing evidence that the parcels that comprise Camp Parks will receive no special
benefit from the Extended Service.
6. The Board will conduct a public hearing (the "Hearing") on Tuesday October 1 , 1996 at
10:15 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez,
California 94553. The Clerk of the Board and the Election Department shall provide notice of the
public hearing,the right to protest, and the ballots as provided in the attached order. At the Hearing
the Board shall consider any objections or protests to the proposed benefit assessment. The Board
will also tabulate the ballots sent to the record owners of each identified parcel in CSA M-29. The
agency shall not impose the assessment if there is a majority protest. A majority protest exists if,
upon conclusion of the hearing,ballots submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighed
according to the proportional financial obligation of the affected property. If there is no majority
protest,the Board will then adopt a resolution which: confirms the Tentative Report; assesses the
benefit assessment in the Tentative Report;finds that the Director of the Contra Costa County Public
Works Department, acting as the Designated Director, has concluded that the Tentative Report
conforms to the official assessment roll for the year in which the benefit assessment will be collected
and, therefore,constitutes the Final Report for the CSA M-29 Benefit Assessment; confirms the
Final Report; and levies the benefit assessment for the fiscal year referred to in the Final Report.
Orig.Dept.: Public Works Department(Special Districts)
cc: Skip Epperly(510)313-2253
County Administrator
County Counsel
Auditor-Controller
County Assessor
Community Development Dept.
RESOLUTION NO. 96/
' J» D6
EXHIBIT A
TENTATIVE REPORT
FOR THE COUNTY SERVICE AREA M-29
(DOUGHERTY VALLEY),SAN RAMON AREA
BENEFIT ASSESSMENT/SERVICE CHARGE
FISCAL YEARS 1997-2002
August 13,1996
Section 1. Introduction 1
Section 2. Report
2
2.1 Background and Project Plans 2
2.2 Description of Benefited Parcels 3
(a) Assessment District Diagram 3
(b) Parcel Descriptions and Property Owners'List 3
2.3 Charge/Assessment 3
(a) Total Basic Assessment/Charge for the District 3
(b) Assessment/Charge Per Parcel 4
2.4 Methodology for Calculating and Distributing the Assessment 4
2.5 Statement/Legal Analysis regarding Camp Parks pursuant to Section 4a of Proposition 218 of the 1996"Voter Approval
for Local Taxes Initiative" 4
Section 3. Engineer's Report
5
3.1 Sections of Tentative Report Incorporated by Reference 5
Section 1. Introduction
This Tentative Report(the Report)provides the factual justification for the proposed Benefit
Assessment(also referred to as the Service Charge)for County Service Area M-29 (Dougherty
Valley). The Tentative Report specifically complies with the requirements of Sections 1012-2.604
to 1012-2.606 of the Contra Costa County Code, Section 25210.77a of the Government Code, and
Section 4(a) -4(c) of Proposition 218 the"Voter Approval for Local Taxes Initiative"under
consideration at the November 1996 election.
The property within CSA M-29 will receive a special benefit in the form of numerous
extended services(the"Extended Services")described in Section 2.1 below. The parcels which will
be specially benefited by the Extended Services are described in Section 2.2. The overall cost of the
Extended Services and the cost per parcel is provided in Section 2.3. The methodology for
calculating the assessments is explained in Section 2.4 and followed in Section 2.5 by a brief
explanation of why Camp Parks is not subject to the assessment.
A detailed engineer's report is required by Section 4(b)of Proposition 218. An engineer's
report is included as Section 3 of this Tentative Report. Proposition 218 does not specify what an
engineer's report must contain. For such a report, Contra Costa County typically includes a project
description, an assessment roll,the total assessment and an apportionment of the assessment in
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engineer's reports prepared in support of assessments. This Tentative Report contains all of these
standard elements of an engineer's report. In order to avoid redundancy,the engineer's report
incorporates these sections by reference.
Section 2. Report
2.1 Background and Project Plans
The Dougherty Valley project is located in the unincorporated area of southern Contra Costa
County. In 1992,the Board of Supervisors approved development for 11,000 dwelling units and up
to 680,000 square fee of retail and commercial space in Dougherty Valley. As part of the overall
plan for operating and maintaining infrastructure,a County Service Area was subsequently identified
as the appropriate vehicle for funding operational services and for providing on-going municipal
services to any unincorporated area developed in the Dougherty Valley.
It is the intention of the County and the project developers, Shapell Industries of Northern
California and Windemere Ranch Partners,to annex areas, final map by final map, into the City of
San Ramon. Prior to County acceptance of infrastructure, all maintenance will be performed by the
developers. After County acceptance of infrastructure and until annexation to San Ramon,the CSA
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will be the governmental service provider to the Dougherty Valley. The CSA will survive
annexation to San Ramon and continue to provide funds to San Ramon for on-going municipal costs.
On May 21, 1996,the Board of Supervisors adopted Resolution No. 96/238 forming the
County Service Area M-29(Dougherty Valley), San Ramon Area(CSA M-29). The types of
services to be funded and/or provided by the CSA include: extended police services and
construction, operation and maintenance of parks,trails,recreation areas,open space, special
landscape areas, library,community center, senior center,corporation yard,flood control and storm
drain facilities, and internal road network(including bicycle paths and park and ride lots), and other
extended County facilities and services as prescribed in Government Code Sections 25210.4 et seq.
Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by benefit
assessments.
This Tentative Report proposes the assessment for CSA M-29 for fiscal years 1997 to 2002.
The assessments will be charged against residential units on an annual basis for the five-year period.
The assessment will be updated each year(under Contra Costa County Code Section 1012-2.602)as
a ministerial act by the Board of Supervisors,in order to ensure that the assessment identified for the
following year is adequate to cover that years' estimated costs.
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• Y,X/
2.2 Description of Benefited Parcels
(a) Assessment District Diagram
(b) Parcel Descriptions and Property Owners' List
2.3 Charge/Assessment
(a) Total Basic Assessment/Charge for the District
(b) Assessment/Charge Per Parcel
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Y'
2.4 Methodology for Calculating and Distributing the Assessment
2.5 Statement/Legal Analysis regarding Camp Parks pursuant to Section 4a of
Proposition 218 of the 111996 Voter Approval for Local Taxes Initiative"
The Southern end of Dougherty Valley CSA M-29 is home to the Camp Parks Reserve
Forces Training Area. The 892-acre facility is owned by the United States Department of the Army.
The area is policed by the U.S.Army and already has all of the services needed to perform its
current mission.
Camp Parks will not be subject to the assessment because it is a federal facility which will
not benefit from the Extended Services provided to other parcels in CSA M-29. Under the
Supremacy Clause of the United States Constitution, state and local governments may not directly
tax the federal government or federal departments. Government Code section 25210.77a,which
authorizes assessments for extended services in county service areas, also specifically provides that
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"the board of supervisors shall not impose a charge upon a federal or state governmental agency."
Further,the Extended Services financed by the assessment will not be provided to Camp Parks and
will not benefit the facility.
Section 3. Engineer's Report
3.1 Sections of Tentative Report Incorporated by Reference
Section 2 is hereby incorporated by reference to serve as the Engineer's Report. Section 2
contains all the standard information provided in an engineer's report.
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Db ��
THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on , 1996, by the following vote:
AYES:
NOES:
ABSENT:
SUBJECT: FOR COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN
RAMON AREA AUTHORIZING A SPECIAL TAX ELECTION AND A
PUBLIC HEARING TO CONSIDER ASSESSING A BENEFIT ASSESSMENT.
On May 21, 1996 the Board adopted Resolution No. 96/238 forming the County Service
Area M-29 (Dougherty Valley), San Ramon Area("CSA M-29").
Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by
a benefit assessment or by special taxes authorized pursuant to Government Code Sections
25210.6a, 23027 and/or 50075 et seq. Ordinance No. 96/238 provides for a county service area
special tax authorized by Government Code Section 25210.6a, a county special tax authorized by
Government Code Section 23027, and a special tax authorized by Government Code Section
50075 et seq.
NOW, THEREFORE, this Board, as itself and constituting the Board of Directors of
Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area hereby
determines, orders, and directs:
1. Special Election For Special Tax:
The County Clerk(Elections Clerk) and other County staff shall take the following steps
to conduct the Special Election as authorized by Ordinance No. 96/ adopted this date:
A. As provided Section 9160 of the Elections Code, County Counsel shall
prepare a short (500 word maximum) impartial analysis of(1)the effect of the measure
on existing law and(2)the operation of the measure.
B. The Elections Clerk shall provide published notice of the election in a
newspaper of local circulation.
C. The Elections Clerk shall mail voters eligible to vote in the special
election notice of their right to file a written argument for or against the ballot
proposition, as provided in Section 9162 of the Elections Code.
D. Not less than 10 days before the official election materials are submitted
for printing,the Elections Clerk shall make a copy of the materials available for public
examination pursuant to Section 9190 of the Elections Code.
E. The Elections Clerk shall conduct the election by mail as provided in
Sections 4100 et seq. of the Elections Code. The election shall be conducted with the
ballot incorporated herein as Exhibit A.
F. The ballots for the Special Election shall be returned to the Elections Clerk
on October 15, 1996 (the"Special Election Day"). Pursuant to Government Code
Section 50077,the special tax must be approved by two-thirds of the votes cast by voters.
2. Public Hearing To Consider Assessing A Benefit Assessment:
The County Clerk(Elections Clerk) and the Clerk of the Board of Supervisors shall take
the following steps in preparation for and during the Public Hearing To Consider Assessing A
Benefit Assessment as authorized by Ordinance No. 96/ adopted this date:
A. The Clerk of the Board shall immediately provide the Elections Clerk with
a copy of Resolution No. 96/ and this order.
B. As provided in Section 1012-2.608 of the Contra Costa County Code, the
Clerk of the Board shall publish in a local newspaper notice of the public hearing (the
"Hearing")to be conducted on Tuesday October 1, 1996 at 10:15 a.m. in Room. 107 of
the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
C. Not later than Friday August 16, 1996,the Elections Clerk shall mail
written notice to the record owners of each parcel upon which the benefit assessment will
be imposed. The notice shall include: (1)the total amount of the proposed benefit
assessment, (2)the amount of the proposed benefit assessment chargeable to the owner's
particular parcel, (3)the duration of payments for the proposed benefit assessment, (4)the
reason for the proposed benefit assessment, (5)the basis upon which the proposed benefit
assessment was calculated, (6)the date,time and location of the public hearing on the
proposed benefit assessment, (7) a summary of the procedures applicable to the
completion,return and tabulation of the ballots for the proposed benefit assessment with
a statement regarding the effect of a majority protest, (8) a ballot, as described in
Exhibit B incorporated herein, with the address to which the completed ballot should be
sent and spaces where each owner may indicate (a)his or her name, (b) reasonable
identification of the parcel, and(c) support or opposition to the proposed benefit
assessment.
D. The Board will conduct the Hearing on Tuesday October 1, 1996 pursuant
to Sections 1012-2.610 and 10-12-2.612 of the Contra Costa County Code . The Election
Clerk shall deliver all the ballots received from voters to the Board prior to the start of the
Hearing If the Board confirms the Tentative Report and assesses the benefit assessment
in the Tentative Report; then the Director of the Contra Costa County Public Works
Department, acting as the Designated Director, shall immediately determine whether the
Tentative Report conforms to the official assessment roll for the year in which the benefit
assessment will be collected. Upon the determination of conformity, the Tentative
Report will, constitute the Final Report for the CSA M-29 Benefit Assessment.
Orig.Dept.: County Counsel
cc: County Administrator
Public Works
Elections
Auditor-Controller
Community Development Dept.
Dik
EXHIBIT A
1996 BALLOT PROPOSITION - SPECIAL TAX TO FUND EXTENDED SERVICES
FOR COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA
Shall Ordinance No. 96--of the Board of Supervisors of Contra Cost County be
approved to authorize a special tax on property located within the County Service Area M-29
(Dougherty Valley), San Ramon Area(CSA M-29). The revenues raised by this tax shall be
used to provide the following extended services: extended police services and construction;
operation and maintenance of parks,trails, recreation areas, open space, special landscape areas,
library, community center, senior center, corporation yard, flood control and storm drainage
facilities, and internal road network(including bicycle paths and park and ride lots); and other
extended County facilities and services as prescribed in Government Code Sections 25210.4 et
seq.
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CA962040.037 08/08/96 08:42 am
D)-9
EXHIBIT B
1996 BALLOT PROPOSITION-BOARD OF SUPERVISORS ADOPTION OF A RESOLUTION
TO AUTHORIZE A BENEFIT ASSESSMENT TO FUND EXTENDED SERVICES FOR
COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY, SAN RAMON AREA
Shall Resolution No. 96/ of the Contra Costa County Board of Supervisors be enacted
to authorize a benefit assessment of$ to be levied each year on property within County
Service Area M-29. The benefit assessment will fund the following types of extended services:
extended police services and construction; operation and maintenance of parks, trails, recreation
areas, open space, special landscape areas, library, community center, senior center, corporation
yard, flood control and storm drainage facilities, and internal road network(including bicycle paths
and park and ride lots); and other extended County facilities and services as prescribed in
Government Code Sections 25210.4 et seq.
Address where completed ballot should be sent:
Name of parcel owner:
APN#:
Vote on the Proposition (circle one): Support Oppose
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CA962060.048
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: July 30, 1996
TO: Anne Cervelli, Deputy Clerk of the Board
FROM: Michael J. Walford, Public Works Director
SUBJECT: CSA M-29 Benefit Assessment Hearing Notice
Below, I have provided a suggested Public Notification statement of the hearing date of October
1, 1996 for the CSA M-29 Benefit Assessment. The notice should read as follows:
"Notice is hereby given that the Board of Supervisors of Contra
Costa County will conduct a hearing in the Board Chambers
Room 107 at 651 Pine Street, Martinez, California, on October 1,
1996 at 10:15 a.m. to: (1) consider objections or protests from any
interested person either written or orally to the Tentative Report,
including the Engineer's Report, for the proposed Benefit
Assessment for County Service Area M-29 (Dougherty Valley),
San Ramon and the levy of the proposed Benefit Assessment, and
(2)tabulate the ballots sent to record owners of parcels in the
District. A copy of the Tentative Report, including the Engineer's
Report is on file with the Clerk of the Board of Supervisors,
651 Pine Street,Room 106,Martinez, California and the Public
Works Department, 255 Glacier Drive, Martinez, California."
Please contact me if I can provide any additional information.
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CA962120.020