HomeMy WebLinkAboutMINUTES - 09101996 - D13 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 10, 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 County Service 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 November 12, 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. Finan ial 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 SIGNATURE: CA
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: September 10 , 19 9 6APPROVED AS RECOMMENDED OTHER X
IT IS BY THE BOARD ORDERED that consideration of the above matter is
CONTINUED to September 24 , 1996 .
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT )
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) I hereby cc: Auditor-Controller y C ertify that this is a true andCorreCtCopyof
Accounting an action take and entered on the minutes of the
Board of Su iso n t date how
Assessor ,�
Community Development ATTESTED:
Ift,County Administrator PHIL ATC LOR,Clerk f th Board
County Counsel n8r
evi and County dinistmtor
County Clerk-Elections Division
D.Curtin,McCuthen,Doyle,Enerson p
City of San Ramon By Deputy
13
AUTHORIZE A SPECIAL TAX ELECTION AND PUBLIC HEARING TO CONSIDER A BENEFIT
ASSESSMENT FOR COUNTY SERVICE AREA M-29
SEPTEMBER 10, 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.
V0
ORDINANCE NO. 96 -_AUTHORIZING A SPECIAL ELECTION FOR A SPECIAL
TAX 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 I 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.
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 III IB herein.
7. "Utility Rate Adjustment" (URA)means the change in the cost of utility services
provided to CSA M-29. The URA shall be calculated annually by the Contra Costa County
Department of Public Works in consultation with the City of San Ramon.
ARTICLE III. AMOUNT 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
}
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. The tax per parcel for any fiscal year based on the
above calculation shall also reflect the URA.
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.
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. 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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CA962040.016
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 November 4, 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 September 10, 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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CA962040.016
EXHIBIT A
USE CODES
There are two categories of parcels of real property subject to the special tax authorized
by this ordinance: Affordable Units and Market Rate Units.
"Affordable Units"has the same meaning given to that term in the Dougherty Valley
Affordable Housing Program adopted by the Board of Supervisors Resolution No. 94/ on
March 22, 1994. The Dougherty Valley Affordable Housing Program, page 11 provides:
"`Affordable Units' means any one or more of the units reserved for occupancy by Very Low,
Low, or Moderate Income Households in the Dougherty Valley. The Dougherty Valley Specific
Plan requires that 25% of the units in the Dougherty Valley be Affordable Units."
"Market Rate Units"means all residential units which are not"Affordable Units".
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EXHIBIT B
AMOUNT OF TAX PER PARCEL FOR
A PROPERTY USE CODE CATEGORY
Affordable Units:
Police Service $231 per unit per year
Flood Control $4 per unit per year
All Other Extended Services $250 per unit per year
TOTAL: $485 per unit per year
Market Rate Units:
Police $231 per unit per year
Flood Control $4 per unit per year
All Other Extended Services $500 per unit per year
TOTAL $735 per unit per year
0. 13
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 M-29 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
Report"), 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
SEPTEMBER 10, 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,November 12, 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/
vo
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
X13
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 November 4, 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,November 12, 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, September 13, 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,November 12, 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.
` 3
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
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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 as described in the attached Tentative Report to be levied 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
Attachments: Tentative Report
1
CA962060.046
EXHIBIT A
TENTATIVE REPORT
FOR THE COUNTY SERVICE AREA M-29
(DOUGHERTY VALLEY), SAN RAMON AREA
BENEFIT ASSESSMENT/SERVICE CHARGE
FISCAL YEARS 1997-2001
S
September 10, 1996
i
TABLE OF CONTENTS
Section 1. Introduction 1
Section 2. Report 2
2.1 Background and Project Plans 2
2.2 Description of Benefited Parcels 3
(a) Assessors Parcel Numbers (Attachment"A") 3
(b) Assessment District Diagram (Attachment`B") 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
ii
-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.
i
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
1
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 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.
1�\
2
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
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
3
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.
2.2 Description of Benefited Parcels
(a) Assessors Parcel Number
See Attachment"A"
(b) Assessment District Program
See Attachment`B"
2.3 Charge/Assessment
The assessment will be charged against a parcel beginning the first day of the fiscal
year following the fiscal year in which a building permit is issued for the parcel.
(a) Total Basic Assessment/Charge for the District
The total basic assessments/charges for the CSA M-29 are as follows:
1997 $ 0
1998 $ 139,880 estimated
1999 $ 559,184 estimated ,
2000 $1,142,578 estimated
2001 $1,791,653 estimated
The total estimated cost at buildout of 8,500 and 11,000 units is $5,716,250 and
$7,297,500 respectively.
4
2.3 a
The total basic assement/charges and the assessment per unit per year shall be modified to
reflect changes in the cost of utility services provided to CSA M-29 (the Utility Rate Adjustment
or URA). The URA shall be calcualted annually by the Contra Costa County Department of
Public Works in consultation with the City of San Ramon
(b) Assessment/Charge Per Parcel
Affordable Unit
Police Service $231 per unit per year
Flood Control $ 4 per unit per year
All Other Extended Services $250 per unit per year
TOTAL: $485 per unit per year
Market Rate Units
Police Service $231 per unit per year
Flood Control $ 4 per unit per year
All Other Extended Services $500 per unit per year
TOTAL: $735 per unit per year
Should any assessment surplus accrue prior to the construction of any required community
facility, such surplus shall be placed in an indentified, interest bearing account for use by the
project proponents for the construction of community facilities anticipated or part of the
extended services, (eg. library, community center, senior center, etc.).
"Affordable Unit has the same meaning given to that term in the Dougherty Valley Affordable
Housing Program, adopted by the Board of Supervisors Resolution No. 94/^on March 22,
1994. The Dougherty Valley Affordable Housing Program, page 11 provides: " `Affordable
Units' means any one or more of the units reserved for occupancy by Very Low, Low, or
Moderate Income Households in the Dougherty Valley. The Dougherty Valley Specific Plan
requires that 25% of the units in the Dougherty Valley be Affordable Units"
"Market Rate Units: Are all residential units which are not"Affordable Units".
5
2.4 Methodology for Calculating and Distributing the Assessment
The total assessment was calculated by adding the estimated costs of providing the
extended services described in section 2.1 of this Tentative Report. The total cost of these
services was divided by the anticipated number of units to be assessed. In order to further the
State and County policy of providing for affordable housing the assessment was adjusted to
provide a lower rate for Affordable Units that for Market Rate Units. The lower assessment for
Affordable Units is justified by the fact that Affordable Units are generally smaller homes with
fewer occupants than Market Rate Units. Overall, Affordable Units will probably make less use
of the parks,trails, community facilities and other extended services financed by the assessment.
2.5 Statement/Legal Analysis regarding Camp Parks pursuant to Section 4a of
Proposition 218 of the"1996 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
"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.
6
ATTACHMENT "A"
Assessors Parcel Numbers
Windemere
206-050-006
206-050-007
206-050-008
206-050-009
206-050-010
206-050-011
206-050-012
206-090-004
206-090-005
206-090-006
206-090-007
206-090-008
206-090-009
206-090-010
206-090-011
Total Parcels 15
Shanell
206-230-001
217-060-004
217-060-005
217-060-025
206-240-003
206-240-004
206-240-005
206-240-008
206-240-009
206-240-010
206-240-011 \�1
206-250-003
206-050-004
206-050-008
206-120-001
206-120-002
206-080-001
206-040-002
206-040-003
206-040-004
Total Parcels 20
r
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
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
November 12, 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 November 12, 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 Reprot, including the Engineers 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.
ATTACHMENT " B"
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