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Home My WebLink AboutMINUTES - 12091997 - D10 r .D./o THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 1997,by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 660 SUBJECT: RESOLUTION ADOPTING A BENEFIT ASSESSMENT FOR COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA. The Board of Supervisors of Contra Costa("Board") FINDS THAT: 1. On May 21, 1996, the Board adopted Resolution No. 96/238 forming 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 cewer, corporation yard, flood control and storm drain facilities, internal road network(including bicycit 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 CA973350.027 Providing Services for this service area,which was considered with the formation of CSA M-29 and is 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 or special taxes. 4. On October 14, 1997, the Board adopted Resolution No. 97/552 a"Resolution Accepting the Tentative Report, and Setting a Public Hearing to Consider Adopting a Benefit Assessment for County Service Area M-29 (Dougherty Valley), San Ramon Area." Resolution No. 97/552 and the exhibits thereto describe a proposed benefit assessment(`Benefit Assessment"). 5. Resolution No. 97/552 accepted the"Engineer's Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment" (the `Engineer's Report") attached to said Resolution as Exhibit A. Resolution No. 97/552concluded that the Engineer's Report constitutes the "Tentative Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment Service Charge Fiscal Year 1997-1998" (the "Tentative Report"). 6. Resolution No. 97/552 states that the Board will conduct a public hearing (the "Hearing") on Tuesday December 9, 1996 at 2:OO�.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 7. Resolution No. 97/552 directs the Public Works Director of Contra Costa County ("Public Works Director")to mail the written notice of the Hearing(the "Notice"), attached to said Resolution as Exhibit B, to the record owners of the parcels identified in Section 4 of the Tentative Report. It directs that a ballot(the "Assessment Ballot") in the form of the ballot attached to said 2 CA973350.027 Resolution as Exhibit C, and a copy of the Engineer's Report be attached to the Notice. Resolution No. 97/552 directs the Clerk of the Board to give written notice of the Hearing pursuant to Government Code section 6066. 8. The Public Works Director and the Clerk of the Board provided notice of the Hearing in accordance with Resolution No. 97/552. 9. The Public Hearing was held before the Board on Tuesday December 9, 1996 at 2. 00p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Public Hearing,the Board heard and considered any and all protests to the proposed Benefit Assessment. At the Public Hearing, the Clerk of the Board delivered to the Board all the Assessment Ballots received from record owners of parcels identified in Section 4 of the Tentative Report. The Board tabulated the Assessment Ballots and weighted them according to the proportional financial obligation of the affected property. The Board then closed the Public Hearing. 10. Based upon the tabulation of the Assessment Ballots, the Board finds that there is not a majority protest which would defeat the Benefit Assessment. Therefore, the Board is authorized to adopt, approve and levy the Benefit Assessment under Section 4 of Article XIII D of the California Constitution and to adopt the Benefit Assessment under Article 1012-2.6 of the Contra Costa County Code. 11. On December 2, 1997 the Board adopted Resolution 97/ 634'Authorizing a Special Election for a Special Tax and Proposing Adoption of a Special Tax to Provide Funding for Extended Services for County Service Area M-29 (Dougherty Valley), San Ramon Area." If this special tax is approved, the Board presently anticipates that the Extended Services will initially be financed by the special tax rather than the Benefit Assessment. 3 CA973350.027 Now,therefore,the Board of Supervisors ORDERS AND RESOLVES THAT: 1. The Beard hereby adopts and approves the Benefit Assessment and confirms the Tentative Report. However,by this Resolution,the Board does not levy the Benefit Assessment l'urstiant to Article 1012-2.6 Contra Costa County Code the Board may,by resolution,heW the Benefit Assessment during any fiscal year in which the Benefit Assessment is to be collected i hereby certify that this is a true and correct copy of Orig.Dept, Public Wa,k„Deputtuad(SpNW Di*iQW) an action taken and entered on the minutes of the cc: Skip F.pperfy(SIO)313.2253 Board of S;Dr Couty wrs an tdate shorn. county Counsel 4IdE -qt- ,-p-C-•--�,�e PHIL BATCHELOR,Clerk of the Board Count Ames o r upervisora County Adm istrator Cormty Asaeeeor C*mmuv*Davelopmwc Dept Christian SUM Collime�WaWM=m Renate Patnxe - Deputy Adam V McCt tcbm Doyks,Brown a Eaetsea CAM350.027 4 D. 1 a BALLOT Q Assessor's Parcel Nos.: APN#206-050-006 APN 4206-050-007 APN#206-050-008 APN#206.050-009 APN#206-050-010 APN#206-050-011 APN 4206-050-012 APN 0206-090-x04 APN 0206-090-005 APN#206-090-006 APN 4206-090-007 APN 4206-090-008 APN#206-090-009 APN#206-090-010 APN 4206-090-011 Total parcels 15 Record Owner: Windernere Ranch Partners Address: 1350 Treat Boulevard Suite 560 Walnut Creek,CA 94596 V/1L Yes,I approve of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. No, I do not approve of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. 55,�n. re of Record Owner or Authorized Rep esentative of the above-identified parcels. . , BALLOT Assessor's Parcel Nos.: APN 4206-230-001 APN#217-060-004 APN#217-060-005 APN#217-060-025 APN#206-240-003 APN#206-240-004 APN#206-240-005 APN #206-240-008 APN#206-240-009 APN#206-246-010 APN#206-240-011 APN#206-250-003 APN#206-050-004 APN#206-050-008. APN#206-120-001 APN#206-120-002 APN#206-080-001 APN#206-040-002 APN#206-040-003 APN#206-040-004 Record Owner: Shapell Industries,Inc. Address: 100 North Milpitas Boulevard Milpitas, CA 95035 Attention J. Christian Truebridge V Yes,I approve of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. No,I do not approve of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. t Signa re of Record Owner or Aut ed Representative of the above-identified parcels. CA972890.031 ENGINEER'S REPORT FOR THE CONTRA COSTA COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA BENEFIT ASSESSMENT The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors. Dated: J. Micha alford, Dire r of Public Works RCE No. 16670 j I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the14$�_ day of 1997. Jeanne Maglio, Clerk of the Board of Supervisors Contras Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and Assessment Diagram thereto attached, was approved and onfirmed by the Board of Supervisors of contra Costa County, California on the 9R day of 1997. Jeanne Maglio, Clerk of the Board of Supervisors Contra Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and Assessment Diagram theretttached, was filed with the County Auditor of the County of Contra Costa, on the g day o 1997. Jeanne Maglio, Clerk of the Board of Supervisors Contra Costa County, California By: g:\engsvc\spdist\october\engrptcvr ENGINEER'S REPORT FOR THE CONTRA COSTA COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA BENEFIT ASSESSMENT October 9, 1997 Section 1. Introduction and Overview. .............................................................................................1 Section 2. Background and Project Plans. ........................................................................................1 Section 3. General Benefits and Special Benefits.............................................................................2 Section 4. Specially Benefited Parcels..............................................................................................2 Section5. Total Assessment. ............................................................................................................3 Section 6. Assessment Per Parcel......................................................................................................4 Section 7. Methodology for Calculating the Assessment Per Parcel................................................6 Section 8. Statement/Legal Analysis Regarding Camp Parks. .........................................................7 Section 9. Tentative Report under Contra Costa County Code Article 1012-2.6.............................7 i ENGINEER'S REPORT Section 1. Introduction and Overview. This Engineer's Report(the "Engineer's Report") provides the justification for the proposed benefit assessment ( generally the "Assessment's for County Service Area M-29 (Dougherty Valley) ("CSA M-29"). The Engineer's Report was prepared.by a registered professional engineer certified by the State of California. The Engineer's Report complies with the requirements of the California Constitution Article XIII D ("Proposition 218'x; Government Code section 25210.77a; and Contra Costa County Code Article 1012-2.6. Section 2 describes the development approved for CSA M-29 and identifies the plans for providing various services and infrastructure to this area (the "Extended Services"). Section 3 identifies the special benefits as distinct from general benefits that will be conferred on parcels subject to the Assessment. Section 4 identifies the property that will be specially benefited. Section 5 identifies the Total Assessment (defined in Section 5). Section 6 identifies the Assessment Per Parcel (defined in Section 6). Section 7 describes the methodology used in calculating the Assessment Per Parcel. Section 8 provides an explanation of why the federally owned Camp Parks area is not subject to the assessment. Finally, Section 9 demonstrates that this Engineer's Report satisfies all of the requirements for a Tentative Report under Article 1012-2.6 of the Contra Costa County Code and, therefore, also constitutes the "Tentative Report for the County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment) Service Charge Fiscal Year 1997-1998" (the "Tentative Report"). Section 2. Background and Project Plans. The Dougherty Valley is located in the unincorporated area of Southern Contra Costa County (the "County"). In 1992, the Board of Supervisors approved development of 11,000 dwelling units and up to 680,000 square feet of retail and commercial space (the "Project") in an approximately 5,080-acre portion of Dougherty Valley (the "Project Site"). 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 ongoing municipal services to any unincorporated area developed as part of the Project. On May 21, 1996, the Board of Supervisors adopted Resolution No. 96/238 forming County Service Area M-29 (Dougherty Valley), San Ramon Area ("CSA M-29'x. The types of services to be funded and/or provided by CSA M-29, the Extended Services, 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 provided 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. The County and the Project developers Shapell Industries of Northern California ("Shapell'� and Windemere Ranch Partners ("Windemere'� (together the "Developers' intend to annex areas, final map by final map, into the City of San Ramon (the "City'. 1 Section 3. General Benefits and Special Benefits. Proposition 218 provides that"only special benefits are assessable." Cal. Const. Art. XIII D, Sec. 4. The Extended Services that will be provided within CSA M-29 pursuant to the Settlement Agreement are special benefits. These special benefits are over and above the benefits received by the general public (the general benefits.) Section 4. Specially Benefited Parcels. The following parcels describe the Project Site. The property described by these parcels will receive the Extended Services financed by the Assessment: Windemere Parcels Shapell Parcels APN #206-050-006 APN#206-230-001 APN#206-050-007 APN#217-060-004 APN 9206-050-008 APN #217-060-005 APN #206-050-009 APN #217-060-025 APN#206-050-010 APN #206-240-003 APN #206-050-011 APN #206-240-004 APN#206-050-012 APN #206-240-005 APN 4206-090-004 APN #206-240-008 APN#206-090-005 APN #206-240-009 APN 9206-090-006 APN #206-240-010 APN #206-090-007 APN #206-240-011 APN #206-090-008 APN #206-250-003 APN#206-090-009 APN #206-050-004 APN 9206-090-010 APN #206-050-008 APN #206-090-011 APN #206-120-001 APN #206-120-002 Total Parcels 15 APN #206-080-001 APN #206-04.0-002 APN #206-040-003 APN #206-040-004 Total Parcels 20 The above parcels will be subdivided under a series of Project approvals and agreements., These subdivided parcels will be specially benefited by the Extended Services that will be financed 1 These approvals and agreements include but are not limited to the following: (1) that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As Country Club At Gale Ranch" entered into by and between Shapell and the County as of January 11, 1995 and recorded February 17, 1995 at Contra Costa County Records, #95-027735, and any amendments thereto; (2)that certain agreement titled "Development Agreement Between County Of Contra Costa And Shapell Industries, Inc. Relating To The Development Commonly Known As The Gale Ranch" (Footnote continued on next page) 2 by the Assessment. The process for levying the Assessments on subdivided parcels is discussed in Section 6 of this Engineer's Report and Section 5 of the attached MOU. Section 5. Total Assessment. The total Assessment chargeable to all the parcels within CSA M-29 in each year is the "Total Assessment." The estimated Total Assessment in each year is equal to the total cost of providing the Extended Services to CSA M-29 in the identified fiscal year. The estimated Total Assessment is: Residential Tier A Residential Tier B Non-Residential Cumulative Cumulative Building Cumulative Year Building Permits Permits Square Footage Assessment 1997 0 0 0 $0 1998 90 30 0 $88,497 1999 506 168 15,000 $501,660 2000 1,302 434 248,000 $1,362,084 2001 1,854 618 271,400 $1,912,252 3,666 units 2,750 917 366,400 $2,825,020 8,500 units 6,375 2,125 642,800 $6,481,577 11,000 units 8,250 3,750 1,170,000 $8,500,000 (Footnote continued from previous page) entered into by and between Shapell and the County as of April 8, 1996 and recorded April 25, 1996 at Contra Costa County Records, #96-75415, and any amendments thereto; (3) that certain agreement titled "Development Agreement By And Between The County Of Contra Costa And Windemere Ranch Partners" entered into by and between Windemere, Windemere Ranch Partners and the County as of January 18, 1996 and recorded January 11, 1996 at Contra Costa County Records, 996-0048-46, and any amendments thereto; (4) that certain agreement titled "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan Amendment and Environmental Impact Report" entered into by and between the County, Developers, the City and the Town of Danville on May 11, 1994 to settle certain claims brought by the City and Danville as more fully described therein (the "Settlement Agreement"); (5) the "Dougherty Valley Specific Plan," adopted by the Board of Supervisors pursuant to Resolution 92/867, on December 22, .1992 and amended by the Board of Supervisors pursuant to Resolution 96/564 on November 19, 1996; (6) a Vesting Tentative Map, Preliminary Development Plan and Final Development Plan for Country Club at.Gale Ranch approved by Contra Costa County Ordinance No. 94-79 on December 20, 1994; (7) a Vesting Tentative Map, Preliminary Development Plan and Final Development Plan for Windemere Ranch Partners Phase I approved by Contra Costa County Ordinance No. 96-44 on December 3, 1996; (8) a Vesting Tentative Map, Preliminary Development Plan and Final Development Plan for Shapell Industries, Inc. Gale Ranch Phase 11 approved by Contra Costa County Ordinance No. 96-45 on December 3, 1996; and (9) that certain agreement titled "Memorandum of Understanding Between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to the Development of Dougherty Valley" entered into between the County, the City, Shapell and Windemere as of October , 1997 (the WOU"). 3 • The assumptions and figures used to calculate the estimated Total Assessment are provided in the "Dougherty Valley County Service Area M-29 Annual Budget 1997-1998, Five-Year Budget 1997-98 through 2001-02" which is Exhibit "E" to the attached MOU. As further explained in Section 6 of this Engineer's Report, the Total Assessment may vary from these estimates depending upon the cumulative number of foundations poured on subdivided parcels, the land uses that will occur in such parcels and other factors. Section 6. Assessment Per Parcel. Each of the parcels identified in Section 4 of this Engineer's Report will be further subdivided pursuant to the Project approvals and agreements identified therein. As explained below, the portion of the Total Assessment that will be chargeable to each of these subdivided parcels (the "Assessment Per Parcel") is based upon the Property Use Code Category and the Tax/Assessment Rate Multiplier that will be assigned to that parcel. As provided in Section 5.1(b)(2)(B) of the MOU, upon the approval of each new final rnap, all the parcels within that map will be assigned one of the "vacant" Property Use Code Categories identified in Exhibit C of the MOU (Use Code Categories 15, 16, 17, 18, 20 and 30.) When "a building foundation is poured" on a parcel, "the Property Use Code Category assigned to that parcel will be changed by the County Assessor to reflect the actual land use on that parcel." Id. Pursuant to Section 5(b) of the MOU, there are two "tiers" for the payment of the Assessment on residential parcels. Tier A is the tier Assessment that will generally be applied to higher density residential development. For fiscal year 1997-1998 the Tier A Assessment is $563 per unit. Tier B is the tier Assessment that will generally be applied to lower density residential development. For fiscal year 1997-1998 the Tier B Assessment is $795 per unit. Exhibit C of the MOU shows the current Use Codes for each tier. Tier A currently includes Use Code Categories 25, 26, 27 and 28. Tier B currently includes Use Code Categories 11, 12, 13, 14, 19, 21, 22, 23, 24, and 29. Use Code Category 31 is currently designated for commercial stores, not supermarkets. As further reflected in Exhibit C of the MOU, only apartment parcels will be automatically charged the Tier A Assessment. Other parcels will be eligible for the Tier A Assessment, if they meet the following qualifications: • The density shall be 15 du/acre or more. • Identical product types within each final map shall be the same tier Assessment. (i.e., all product that is 15 du/acre within .an identified parcel of a final map will have the same tier). • Identical building product in adjacent final maps shall be the same tier Assessment. • Tiers shall be approve prior to and may not be changed after the recording of the final map. • No more than 25% of each Developer's total units Project-wide shall be assigned the lower tier Assessment,Tier A. 4 Pursuant to Section 5.1(b)(2)(A) of the MOU, each subdivided parcel will also be assigned a multiplier(the "TaxlAssessment Rate Multiplier's to reflect the actual number of units approved for that single, subdivided parcel. The Assessment Per Parcel is based on the Property Use Code Category that will be assigned to that subdivided parcel and the applicable Tax/Assessment Rate Multiplier. Section 5.1(b)(2)(A) of the MOU provides an example: [T]he Annual . . . Assessment Per Parcel identified in Exhibit C [of the MOU] for apartments with 5-12 units is $4,785 or an average density of 8.5 units multiplied by the Tier A rate of $563. If 10 units were actually approved as part of the final map process, the Annual . . . Assessment for that particular Assessor's Parcel should be $5,630, or 10 actual units charged at the Tier A rate of$563. The . . . Assessment Rate Multiplier for this example parcel would, therefore, be 1.18 (or 10 / 8.5). The Project will include non-residential as well as residential parcels. As provided in the "Dougherty Valley County Service Area M-29 Annual Budget 1997-1998, Five-Year Budget 1997-98 through 2001-02" which is Exhibit E of the attached MOU, the Assessment Per Parcel on non-residential parcels in the Project will be $0.33 for each square foot. The Assessment Per Parcel for both residential and non-residential parcels may be increased each subsequent year based on the Consumer Price Index2 and the Utility Rate Index3. Annual increases in the Assessment shall be calculated as follows: Tax/Assessment for Non- Consumer Price Index for the Utility related Costs x San Francisco-Oakland-San Jose Area for April of the immediately preceding fiscal year plus: Tax/Assessment for Utility Utility Rate Index based on Related Costs x the costs of utilities for the 2 "Consumer Price Index" shall mean that certain measure of the average change in prices over time in a fixed market basket of goods as reported by the United States Department of Labor Statistics for the San Francisco-Oakland-San Jose area. The base year for the Consumer Price Index used in calculating the Tax/Assessment on parcels within the Dougherty Valley shall be the year in which this MOU is executed. 3 "Utility Rate Index" shall mean the index calculated by the following formula: 20 randomly selected parcels within the Project Site, which include both residential and non-residential parcels,, shall be identified. The actual, total gas, water and electricity charges (including fees) for the preceding year (year 1) for all 20 of these parcels shall be added. This total shall be divided by the actual, total gas, water and electricity charges (including fees) for the same 20 parcels for the preceding year(year 0). The resulting ratio is the Utility Rate Index. 5 immediately preceding fiscal year In no event shall the Tax/Assessment per parcel for any fiscal year be less than the amount established for the first fiscal year.4 Section 7. Methodology for Calculating the Assessment Per Parcel. The three Assessment categories are Tier A (generally higher density multi-family residential), Tier B (generally single-family residential) and non-residential. The Tier A and Tier B Assessments are chargeable on a per unit basis. The non-residential are chargeable on a per square foot basis. Multi-family residential units generate less demand on public facilities than single-family residential units; therefore, they should pay a lower fee. They generate less demand for the following reasons: • The multi-family units may typically range in size of 900 square feet for apartments and 1,800 square feet for townhomes. The smaller size of these units as compared to the single family units, 3,000 square feet, generates a lower population of adults and school age children per household. This owner population per household generates less demand upon public facilities such as schools, parks, and libraries. • Multi-family units have a number of private amenities within each area. These generally consist of a recreation building, pool and spa, and trails and common open spaces and meeting rooms. These amenities are private and for the use of the residents of the multi-family units only, and do not compete for use with the single family population. This creates less demand by the multi-family residents upon parks, trails, recreation areas, open space and the community center. • Landscaping and road maintenance costs are higher for single family residents due to more street frontage per unit and lack of a home owner association to levy maintenance costs. Multi-family units will be charged a home owners association fee or a portion of rent will be used to maintain the private roads and landscaping areas specific to each development. • Based on ITE trip generation factors, single family residential units generate 9.55 trips per day, condom iniums/townhomes generate 5.86 trips per day, and low rise apartments generate 6.59 trips per day. Due to the lower trip generation factors for multi-family units, less impact may occur to the streets by multi-family residents. Based on the above justifications, demand for Extended Services is directly related to the average square footage of the two types of residential units. 4 Pursuant to Section 5.1 (b)(2)(B) of the MOU, if any legal challenge results in a prohibition against, or a substantial delay in the levy of, a Tier A Assessment on any parcel, the Tier B Assessment in effect at the time of such prohibition or delay shall be charged to such parcel and adjusted in subsequent years according to the formulas provided in Section 6 of this Engineer's Report. 6 Non-residential uses also generate demand for Extended Services. The demand is primarily on streets, flood control and storm drain facilities, and police services. There is less demand on schools, parks and libraries. The demand of non-residential property is also related to square footage. The methodology used to allocate costs to the three categories of Assessments is based on a square foot basis (MOU, Exhibit E, page B-7). The assessment assigned to each category is pro-rated based on its percentage of square footage compared to the total Project-wide square footage (MOU, Exhibit E, page A-5). The per unit Assessment for single-family units and multi-family units is the estimated Total Assessment for that respective category divided by the respective number of units (MOU, Exhibit E, page A-5). The square footage Assessment calculation was translated into two per parcel Assessments for residential parcels due to the relatively small range of square footage of the individual residential units and to simplify the Assessment collection procedures. The per unit Assessment for non-residential uses is the estimated Total Assessment divided by the non-residential square footage Project-wide (MOU, Exhibit E, page A-5). The estimated Total Assessment for non-residential parcels is apportioned by square footage because the total square footage of these units will vary widely. Section 8. Statement/Legal Analysis Regarding Camp Parks. Proposition 218 provides that: Parcels within a district that are owned or used by any agency, the State of California or the. United States shall not be exempt from assessment unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. Cal. Const. Art. XIII D, Sec. 2. The southern end of 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 none of the Extended Services will be provided within its boundaries. Further, it is a federal facility which will not benefit either directly or indirectly from the Extended Services provided to other parcels in CSA M-29. Finally, 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." Section 9. Tentative Report under Contra Costa County Code Article 1012-2.6. This Engineer's Report contains all of the information required to be in a tentative report under Contra Costa County Code Article 1012-2.6 and satisfies all of the requirements for a Tentative Report under that Article. This Engineer's Report, therefore, constitutes "The Tentative Report for the County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment/Service Charge Fiscal Year 1998-1999" (the "Tentative Report"). The Assessment 7 constitutes a "service charge" as that term is used in County Code Chapter 1012-2. The Tentative Report includes the computation of service charge required by Contra Costa County Code section 1012-2.606. CA962500.044 8 l.1 I I ONIV ICh1I'1UIY I Q.l•J1 VVVV 1'- lV LGI. 7 71 1V••-15- I VL gid. U/ - -- - RECEIVED - E San Ramon UEG 9 im CAS..e•r, .1 pRK a 012 QE ~C ""ar•71.o SUPEMSORS CONTRA COST6MON CIN OF SA7N P.O.BOX 5148 SAN KWON,CAl2FORMA 94583 PHONE:(510)Z75-2200 FAX (SIO)866.1436 December 9, 1997 Honorable Mark DeSaulnier, Supervisor County of Contra Costa 2425 Bisso Lane, Suite 110 Concord, CA 94520 Re: City of San Ramon Support for Board of Supervisors December 9, 1997 Agenda Item D.10, a Benefit Assessment for County Service Area M-29, Dougherty Valley (San Ramon Area) Chairman DeSaulnier: I am writing on behalf of the City of San Ramon to urge the Board of Supervisors to adopt the above benefit assessment. The benefit assessment implements both the "Agreement to Settle Litigation Relating to the Dougherty Valley General Plan Amendment, Specific Plan and Environmental Impact Report" entered into by the County on May 11, 1994, and 'the "Memorandum) of Understanding between Contra Costa County, the City of San Ramon, Shapell Industries and Windemere Ranch Partners Relating to the Development of Dougherty Valley" entered into by the County on October 14, 1997. The benefit assessment will serve as a backup to the special tax which the City of 1 CRY COUNOL',27Sam ADMIMMAIM SCM=,t7S-2973 PAW i COAVA MI5,SEAMM 275-22SO eu&DAIG b SA M SERVXES1 2752720 CITY MANACKI 275.2330 POLICE SERVICES:275-2720 COMMUNRY CENMK 2754700 ECONOMIC DEVELO/MENF SONIC:275-2280 MY CLEM 275-2.950 Pusuc SETorKLS:275.2260 H40Q CENITR 275,7316 LNCJNUAING SXWWJ-- 275.2230 PLANNPIG%XKWOO S:1762210 TWANSPOVA7ION SEKVX3E&273.2230 San Ramon, hopes will be approved and levied following the special election ordered by the Board of Supervisors last week. Together, the benefit assessment and the special tax will give CSA M-29 a solid and flexible financial foundation. Very truly yours, Herb Monix City Manager HM/sfb cc: Vic Westman Bob Saxe Debbie Chamberlain Skip Epperly Chris Truebridge Susan Collins Dan Coleman Adam U. Lindgren 2 PROOF OFPUB LICAM N NOTICE OF C 0 NTCOSTHEAROIUNIG 1 EFORETHE (20 s-5 C-0. j.) 00014-AFSUPACVISONRVISORS BOARD OSUPERVISORS STATr-- OF CAUFORNIA RAMON AREA Notice is hereby given that, County O( Contra COsta the Board of Supervisors of Contra Costa County will meet in the Board Chambers, am a (:-tLY-Cn Of the United States and a resident of the Room 107 at 651 Pine Street, aMartinez,California,on Tues- C�OU(ItYaforesaid; I arn Over the ac)a of years. d% December 9, 1997 at men to an<:' not a Party to Cic-Interosted In the above--e ntf tied menP.M.monis of anOm- y interested consider cper- matter, son either written or oral on the adoption of a benefit as- sessment for County Service I am the Pirfcicipal L�e(jal Ciect(o(tile 00(itra Costa-Firries. Area M-29,Dougherty Valley San Ramon area. A copy of Of oenec�al Cl(_Mdatf0n� Pdcltcd and pub- the Engineer's Report/Tenta- Reporep!�e t for this benefit at 26-40 Shadetands C)dve (a the 04ty ofwalnuttsiveessment is on file with the Greek C�O(JrItY O(CO C�osta, 94598. Clerk of the Board of Supervi- sors,651 Pine Street Room 106, Martinez,California and And VA-itc-t-1 riev-fsPaper has been adjud(7ed a newspaper thePublic Works Depart- of ocrieral CIrcxAa(Ion by ti-ie Sciperfor Court Of the Countmen 1,255 Glacier Drive,Mar- of Contra 00-StaY finez. , State Of Call(ocrila, Under the' of Dated:November 4,1997 -October 2-2-,1934- Oasc Nur-abec 19764. PHIL BATCHELOR, Clerk of - the Board of Supervisors and 71110 inolfc:4-1. of which the.annexed Is a Printed Copy(set In County Administrator tYP,c not smatter than rjonpare[(), has been published In BeAnn Cervelli,Deputy Clerk each reo(ifar and Pe .r'COT 2237 entice [_sSUe6f:saId newspaper and not fish November 14, 21 in any-LI Plcrncnt thereof on tf-je (ollovAria dates, to-wit: 1997 (b6_ I ____/............... all I In the year of 19.97_ Cer1flY (Or declare) under penalty of peou(y Via( tt-xe forcoolno Is true and con- penalty fzxecuted at Walnut Cr On this - .. d 2 of SfOrtature0 '77. . ................. ......................... ............ Contra sta -nrnes P-'O- BOX 4147 Walnut Creek, CA 94596 (510).935-2525 - PCOO( Of PLIbUcation of: (attached is a copy 0( the legal advertisement thZtt pUb- RECEIVED DEC I CLERK BOARD OF SUP RMARS I CONTRA COSTA