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TO: BOARD OF SUPERVISORS Contra'`��--- `'—=��'
FROM: MAURICE M. SHIU, PUBLIC WORKS - Costa
DIRECTOR
DATE: October 18 2005 rA �ooK County
SUBJECT: ADOPT Resolution No. 2005/*** declaring the intention to establish "County Service Area (CSA)
T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of the
proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment, and any objections, Danville area. (Developer Fees) (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Resolution No. 2005/**W**'declaring the intention to: (1) establish "County Service Area T-1 (Public
Transit)"; and (2)order an assessment for the territory within the boundaries of the proposed CSA.
FIX a Public Hearing for December 6, 2005 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers,
651 Pine Street, Martinez, California, to consider the establishment of the CSA and the proposed assessment
and any objections thereto.
DIRECT the Public Works Director to mail, by first class mail, the "Notice of Adoption of Resolution"
(attached as Exhibit E to the Resolution) to each owner of real property (as shown on the last equalized roll of
the County) within the territory shown on the Boundary Map (attached as Exhibit B to the Resolution). The
sealable Ballot (attached as Exhibit F to the Resolution) and the Engineer's Report (attached as Exhibit G to the
Resolution) shall be attached to the Notice of Adoption of Resolution. The Engineer's Report is also on file at
the Office of the Clerk of the Board and the Public Works Department.
-r
CONTINUED ON ATTACHMENT: ❑x SIGNATURE: K
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO D MIM EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOA N 0�P�GY �a _ �'�'�7 APPROVED AS RECOMMENDED OTHER
VOTEQF SUPERVISORS:
1/ UNANIMOUS(ABSENT I hereby certify that this is a true and correct copy of an action
AYES: NOES: taken and entered on the minutes of the Board on the date
ABSENT: ABSTAIN: shown.
Contact:Public Works Department(Engineering Services)
Originator:Teri Rie(313-2363) /n
G:\Grp Data\EngSvc\BO\2005\10-18\Transit CSA board order.doc ATTESTED ed7,✓ e,
TR:rm JOHN SWEETEN,CLERK and COUNTY ADMINISTER
cc: County Administrator
County Counsel
T.Rie,Eng.Svc.
File BY: DEPUTY
WC/30173850.2
SUBJECT: ADOPT Resolution No. 2005/*** declaring the intention to establish "County Service Area
(CSA) T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of
the proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment, and any objections, Danville area. (Developer Fees) (District III)
DATE: October 18, 2005
PAGE: 2
FISCAL IMPACT:
The creation of the CSA will enable the County to finance extended public transit services for the residents of
the Alamo Creek and Intervening Properties/Remaining Intervening Properties projects (collectively, Integrated
Project) without additional cost to the County General Fund or taxpayers outside of the Integrated Project.
Funding provided by developer fees.
BACKGROUND/REASON(S) FOR RECOMMENDATIONN:
Establishing County Service Area
On July 9, 2002, the Board of Supervisors certified the Final Environmental Impact Report (FEIR) for the
Alamo Creek project (Alamo Creek Project) and the Intervening Properties/Remaining Intervening Properties
project (IP/RIP Project) and approved the projects. Together, the Alamo Creek and IP/RIP Projects
(Subdivision Nos. 8331, 8381, and 8382) were approved for the development of 1,396 residential units
(collectively, Integrated Project). As part of the approval process, the County imposed conditions that require
the developers of the Integrated Project to provide and fund public transit services for the residents of the
Integrated Project. To accomplish this objective, the developers are required to participate with the County in
the formation of a county service area and to approve the levy of benefit assessments on parcels within the
boundaries of the CSA:
In 2002, litigation was filed challenging the County's approval of the Integrated Project and the Contra Costa
Local Agency Formation Commission (LAFCO)'s approval of the extension of water service to the Integrated
Project. The parties involved in the litigation subsequently entered into a Comprehensive Agreement to Settle
Litigation to resolve the lawsuit (Settlement Agreement). The Settlement Agreement incorporated the
conditions of approval relating to the county service area.
The formation of the CSA will implement the conditions of approval and the Settlement Agreement. A legal
description and a map of the proposed CSA are attached to the Resolution as Exhibit A and Exhibit B,
respectively. The services to be provided by the CSA are extended transit services as described more fully in
the report entitled, "Alamo Creek/Intervening Properties Transit Improvements Study: Final Report" (March
2005), prepared at the request of the Contra Costa County Community Development Department, and attached
as Exhibit C to the Resolution.
Pursuant to Government Code sections 25210.3a and 25210.13, the County Board of Supervisors is required to
obtain approval of the formation of the CSA from LAFCO prior to establishing the CSA. Accordingly, on June
14, 2005, the Board adopted Resolution No. 2005/357, which initiated LAFCO proceedings.
On September 14, 2005, LAFCO adopted Resolution No. 05-15, attached as Exhibit D to the Resolution, which
approved formation of the CSA.
SUBJECT: ADOPT Resolution No. 2005/***" declaring the intention to establish "County Service Area
(CSA) T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of
the proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment,and any objections, Danville area. (Developer Fees) (District III)
DATE: October 18, 2005
PAGE: 3
Imposition of Benefit Assessment
As a condition of LAFCO's approval and in order to adequately fund the contemplated transit services, the levy
.of benefit assessments must be approved. In order to require the territory within the CSA to provide funding for
the CSA, it is necessary to impose an assessment. The methodology for the proposed assessment is set forth in
the Engineer's Report. Residents of single-family units and multi-family units will be assessed on an equal
basis. Residents of senior housing will be provided with separate shuttle service not included within the scope
of the CSA, and therefore will not be assessed. The total number of single-family and multi-family unit
residents within the Service Area will be divided into the annual Service Area budget to develop the required
assessment amount. The proposed maximum assessment (in Fiscal Year 2006 dollars) is as follows: (1) single-
family detached homes will be $318; (2) single-family attached homes will be $253; and (3) apartment
dwellings will be $230. This assessment will escalate annually based on the San Francisco-Oakland-San Jose
Consumer Price Index.
Prior to October 18, 2005, a written request to establish the CSA was filed with the Clerk of the Board of
Supervisors to establish the CSA,pursuant to Government Code section 25210.11(a).
By adopting'the Resolution, the Board will be taking the next steps to form and fund the CSA.
CONSEQUENCES OF NEGATIVE ACTION:
If the Board of Supervisors does not adopt this Resolution, the CSA will not be formed or funded. This will
prevent compliance with conditions of approval for the Integrated Project and the Settlement Agreement, and
will prevent extended transit service from being offered to the residents of the Integrated Project.
IHE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 18, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
_ RESOLUTION NO. 2005/ 6 71
G 7f4
SUBJECT: ADOPT Resolution No. 2005/*** declaring the intention to establish "County Service Area
(CSA) T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of
the proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment, and any objections, Danville area. (Developer Fees) (District III)
(Gov't Code §§ 25210.11, 25210.13, 56425, 56652, 56653, 56662, 56663, 56700)
`'RECITALS: -
A. On July 9;2002, the Board of Supervisors certified the Final Environmental Impact Report (FEIR) for the
Alamo Creek project (Alamo Creek Project) and the Intervening Properties/Remaining Intervening
Properties Project (IP/RIP Project) and approved the projects. Together, the Alamo Creek and IP/RIP
Projects (Subdivision Nos. 8331, 8381, and 8382) were approved for the development of 1,396 residential
units (collectively, Integrated Project). As part of the approval process, the County imposed conditions
that required the.developers of the Integrated Project to provide and fund public'transit services for the
residents of the Integrated Project. To accomplish this objective, the developers are required to participate
with the County in the formation of a county service area and to approve the levy of benefit assessments
on parcels within the Integrated Project.
B. In 2002, litigation was filed challenging the County's approval of the Integrated Project and LAFCO's
approval of the extension of water service to the Integrated Project. The parties involved in the litigation
subsequently entered into a Comprehensive Agreement to Settle Litigation to resolve the lawsuit
(Settlement Agreement). The Settlement Agreement incorporated the conditions of approval relating to
the county service area. Formation of a county service area will therefore implement the conditions of
approval and the Settlement Agreement, and therefore has been pursued by the County and the developers.
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
Contact:Public Works Department(Engineering Services)
Originator:Teri Rie(313-2363) ATTESTED: &1 / 6
e,TpGy
`�
� mos"
JOHN SWEETEN, Clerk of the Board of Supervisors and County
TR:rmData\EngSvc\BO\2005110-1 S\Transit CSA board order.doc Administrator
R:tm
cc: County Administrator
County Counsel
T.Rie,Eng.Svc. By Deputy
File
Resolution No.2005/
SUBJECT: ADOPT Resolution No. 2005/**fdeclaring the intention to establish "County Service Area
(CSA) T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of
the proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment, and any objections,Danville area. (Developer Fees) (District III)
DATE: October 18, 2005
PAGE: 2
C. Pursuant to Government Code sections 25210.3a and 25210.13, the County Board of Supervisors (Board)
is required to obtain approval of the formation of the CSA from the Contra Costa Local Agency Fon-nation
Commission (LAFCO)prior to establishing the CSA. Accordingly, on June 14, 2005, the Board adopted
Resolution No. 2005/357, which initiated LAFCO proceedings. On September 14, 2005, LAFCO adopted
Resolution No. 05-15, attached as Exhibit D, which approved formation of the CSA.
D'. Prior to October 18, 2005, a written request to establish the CSA was filed with the Board pursuant to
Government Code section 25210.11(a).
E. As a condition of LAFCO's approval and in order to fund the contemplated transit services, the levy of
benefit assessments must be approved. Accordingly, it will be necessary to impose an assessment on the
parcels within the CSA in order to provide for a reliable source of funding for the CSA.
F. An Engineer's Report has been prepared by a registered professional engineer, certified in the State of
California, in compliance with section 4(b) of Article XIII(D) of the California Constitution. The
Engineer's Report.(attached as Exhibit G) sets forth the purpose of the CSA, the estimated budget, the
total assessment that will be chargeable to the territory within the proposed CSA, the proposed estimated
assessment to be levied against each parcel within such territory, and a description of the method used in
formulating the estimated assessments.
THE BOARD OF SUPERVISORS RESOLVES AND ORDERS THAT:
1. The Board declares its intention to establish the "County Service Area— TI (Public Transit) (CSA). The
CSA is proposed to be established under the terms of Chapter 2.2 of Title 3 of the Government Code in
the unincorporated area of Contra Costa County.
2. A legal description and a map of the proposed service area are attached as Exhibit A and Exhibit B,
respectively. The services to be provided are extended transit services as described more fully in the
report entitled, "Alamo Creek/Intervening Properties Transit Improvements Study: Final Report" (March
2005), prepared at the request of the Contra Costa County Community Development Department, and
attached as Exhibit C.
3. Pursuant to Government Code Sections 25210.3a and 25210.13, the County Board of Supervisors is
required to obtain approval of the formation of the CSA from LAFCO prior to establishing the CSA.
Accordingly, on June 14, 2005, the Board adopted a Resolution of Application to initiate LAFCO
proceedings to form the CSA. On September 14, 2005, LAFCO adopted Resolution No. 05-15, attached
as Exhibit D,which approved formation of the CSA.
4. Except where funds are otherwise available from service charges collected pursuant to Government Code
section 25210.77a, an assessment sufficient to pay for all such services which are furnished on an
extended basis will be annually levied upon all property within the CSA.
b
SUBJECT: ADOPT Resolutionk. 2005/*ffdeclarin the intention establish "Count Service Area
g Y
(CSA) T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of
the proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment, and any objections, Danville area. (Developer Fees) (District III)
DATE: October 18, 2005
PAGE: 3
5. In anticipation of the contemplated establishment of the CSA, the Board declares its intention, consistent
with the requirements of Article XIII(D) of the California Constitution, Government Code section 25210.1
et seq. and section 53750 et seq., and Elections Code section 4000, to order that the cost and expenses of
maintaining and operating the CSA shall be assessed against those parcels within the boundary of the CSA
(see attached Boundary Map), which are specially benefited by the CSA.
6. The Board further declares its intention to assess against those parcels shown on the Boundary Map for the
2005 fiscal year and for subsequent years, all or part of the amounts set forth in the Engineer's Report
commencing the first fiscal year following issuance of a building permit for that parcel.
7. Notwithstanding Paragraph 5 above, the Board shall not order this assessment if a majority protest exists
as defined in Section 4(e) of Article XIII(D) of the California Constitution.
8.,. Each of the parcels identified on the Boundary Map will receive a particular and distinct special benefit in
the form of extended transit services that are over and above the general benefits received by the general
public. These special benefits are described in detail in the attached Alamo Creek/Intervening Properties
Transit Improvements Study (Exhibit C), which is also on file with the Contra Costa County Department
of Public Works.
.9. Hereafter, whenever the parcels identified on the Boundary Map are re-subdivided and a final map is
approved and filed for recording with the County Recorder, each newly created residential lot will be
assessed in the manner provided in the Engineer's Report.
10. The Board has reviewed and considered the Engineer's Report. The special benefit derived from the CSA
by each parcel is proportionate to the entire costs of the CSA, and the amount of the assessment is
proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not
exceed the reasonable cost of the proportional special benefit conferred on each parcel.
11. No later than three (3y days after adoption of this Resolution, the Board directs the Public Works Director
to mail the "Notice of Adoption of Resolution" (attached as Exhibit E) to each owner of real property (as
shown on the last equalized roll of the County) within the CSA, as shown on the Boundary Map. The
sealable Ballot (attached as Exhibit F) and the Engineer's Report (attached as Exhibit G) shall be attached
to the Notice of Adoption of Resolution.
12. The Board will conduct the public hearing on December 6, 2005 at 9:30 a.m., in the Board of Supervisors'
Chambers, 651 Pine Street, Room 107, Martinez, California. The following paragraph provides the
procedures for returning and tabulating the ballots. A copy of this Notice of Adoption of Resolution, a
sealable ballot and the Engineer's Report has been sent to each of the property owners within the
boundaries of the CSA. The ballot may be completed and mailed or hand delivered to Public Works
Department, Attn: Teri Rie, 255 Glacier Drive, Martinez, California 94553, or you may submit your ballot
at the public hearing. You may submit, withdraw, or change your ballot at any time prior to the
conclusion of the public testimony on the proposed assessment at the public hearing. Immediately before
the Hearing, the Public Works
SUBJECT: ADOPT Resolution No. 2005/** declaring the intention to establish "County Service Area
(CSA) T-1 (Public Transit)" and to order an assessment for the territory within the boundaries of
the proposed CSA, and fixing a hearing for December 6, 2005, to consider the proposed CSA,
assessment, and any objections, Danville area. (Developer Fees) (District III)
DATE: October 18, 2005
PAGE: 4
Department shall tabulate the ballots. At the Hearing, the Board shall consider any objections or protests
to.the assessment and certify the tabulation of the ballots. The Board 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 weighted according to the proportional financial obligation of the affected
property.
13. Following the public hearing, the Board shall consider the adoption of the canvas of votes for the CSA.
14. Upon authorization of the assessment, the.Board shall levy the authorized assessment on each parcel the
first fiscal year following issuance of a building permit for each parcel.
15. This Resolution shall become effective immediately upon its passage and adoption.
EXHIBIT E
NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF SUPERVISORS
NOTICE IS HEREBY GIVEN that:
On October 18,2005,the Board adopted Resolution No.2005/G ,resolving and ordering that:
The Board declares its intention to establish the "County Service Area — TI (Public Transit) (CSA). The CSA is
proposed to be established under the terms of Chapter 2.2 of Title 3 of the Government Code in the unincorporated area of
Contra Costa County.
A legal description and a map of the proposed service area are attached as Exhibit A and Exhibit B, respectively. The
services to be provided are extended transit services as described more fully in the report entitled, "Alaimo Creek/Intervening
Properties Transit Improvements Study: Final Report" (March 2005), prepared at the request of the Contra Costa County
Conununity Development Department,and attached as Exhibit C to the Resolution.
Pursuant to Government Code Sections 25210.3a and 25210.13,the County Board of Supervisors (Board)is required to
obtain approval of the formation of the CSA from the Contra Costa Local Agency Formation Commission (LAFCO) prior to
establishing the CSA. Accordingly, on June 14, 2005, the Board adopted a Resolution of Application to initiate LAFCO
proceedings to form the CSA. On September 14, 2005, LAFCO adopted Resolution No. 05-15, attached as Exhibit D, which
approved formation of the CSA.
In anticipation of the contemplated establishment of the CSA, the Board declares its intention, consistent with the
requirements of Article XIII(D) of the California Constitution, Government Code section 25210.1 et seq. and section 53750 et
seq., and Elections Code section 4000, to order that the cost and expenses of maintaining and operating the CSA shall be
assessed against those parcels within the boundary of the CSA (see attached Boundary Map), which are specially benefited by
the CSA.
The Board further declares its intention to assess against those parcels shown on the Boundary Map for the 2005 fiscal
year and for subsequent years, all or part of the amounts set forth in the Engineer's Report commencing the first fiscal year
following issuance of a building permit for that parcel.
Notwithstanding Paragraph 5 above, the Board shall not order this assessment if a majority protest exists as defined in
Section 4(e)of Article XIII(D)of the California Constitution.
Each of the parcels identified on the Boundary Map will receive a particular and distinct special benefit in the form of
extended transit services that are over and above the general benefits received by the general public. These special benefits are
described in detail in the attached Transit Report(Exhibit C),which is also on file with the Contra Costa County Department of
Public Works and the Clerk of the Board of Supervisor's office.
Hereafter, whenever the parcels identified on the Boundary Map are re-subdivided and a final map is approved and
filed for recording with the County Recorder, each newly created residential lot will be assessed in the manner provided in the
Engineer's Report.
The Board has reviewed and considered the Engineer's Report. The special benefit derived from the CSA by each
parcel is proportionate to the entire costs of the CSA, and the amount of the assessment is proportional to, and no greater than,
the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit
conferred on each parcel.
The Board will conduct the public hearing on December 6, 2005 at 9:30 a.m., in the Board of Supervisors' Chambers,
651 Pine Street, Room 107,Martinez, California. The following paragraph provides the procedures for returning and tabulating
the ballots. A copy of this Notice of Adoption of Resolution, a sealable ballot and the Engineer's Report has been sent to each
of the property owners within the boundaries of the CSA. The ballot may be completed and mailed or hand delivered to Public
Works Department, Attn: Teri Rie, 255 Glacier Drive, Martinez, California 94553, or you may submit your ballot at the public
hearing. You may submit, withdraw, or change your ballot at any time prior to the conclusion of the public testimony on the
proposed assessment at the public hearing. Immediately before the Hearing, the Public Works Department shall tabulate the
ballots. At the Hearing, the Board shall consider any objections or protests to the assessment and certify the tabulation of the
ballots. The Board shall not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of
W C/30173850.2
the Hearing, ballots submitted in opposition to the assessment exceed the ballots sulpitted in favor of the assessment. In
tabulating the ballots,the ballots shall be weighted according to the proportional financial obligation of the affected property.
Following the public hearing,the Board shall consider the adoption of the canvas of votes for the CSA.
Upon authorization of the assessment, the Board shall levy the authorized assessment on each parcel the first fiscal year
following issuance of a building permit for each parcel.
The total estimated budget for 2005 as set forth in the Engineer's report is $144,678. If the assessment is adopted, it is
anticipated that each parcel you own will be assessed a maximum of$318 (for single-family detached units), $253 (for single-
family attached units),or$230(for apartment dwellings)per year,plus an annual adjustment to reflect the percentage change in
the San Francisco-Oakland-San Jose Consumer Price Index. The assessment for a parcel will be levied beginning the first fiscal
year after issuance of the building permit for that parcel. The assessment will continue to be levied in perpetuity.
The Engineer's Report for the CSA was prepared by a registered engineer certified in the State of California, and
describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was
calculated. The Engineer's Report specifically sets forth the yearly estimated budget, the total assessment that will be
chargeable to the entire CSA, the proposed estimated assessments to be levied each year against each parcel of property, and a
description of the method used in formulating the estimated assessment. A copy of the Engineer's Report is also available for
inspection at the office of the Department of Public Works, 255 Glacier Drive, Martinez, California 94553 and at the office of
the Clerk of the Board of Supervisors at 651 Pine Street,Martinez,California.
Inquiries regarding the proposed assessment may be made by mail, Attention Teri Rie at Contra Costa County
Department of Public Works,255 Glacier Drive,Martinez,CA 94553 or by phone at(925) 313-2363 or(925) 313-2191.
1 .
W C/30173850.2