HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 98-121 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on march 17,. 1998 , 1998, by the following vote:
AWES: Supervisors Ullkema, Gerber, DeSaulnier, Canciamlla, Rogers
NOES: None
ABSENT: None
RESOLUTION NO. 98/ 121
SUBJECT: RESOLUTION ACCEPTING THE TENTATIVE REPORT,AND SETTING A
PUBLIC HEARING TO CONSIDER ADOPTING A BENEFIT ASSESSMENT
FOR COUNTY SERVICE AREA M-30(Alamo Springs)
The Board of Supervisors of Contra Costa FINDS THAT:
1. On December 16, 1997,the Board adopted Resolution No. 97/695 approving the
formation of County Service Area M-30(Alamo Springs) ("CSA M-30").
2. The property within CSA M-30 will receive a special benefit over and above that
received by the general public in the form of the following types of services(the"Services"):
miscellaneous police,public street maintenance,park and roadside landscape,and County public
street lighting. The Services are "miscellaneous extended services"as defined in Government Code
section 25210.4a. These Services, in particular, are set forth in the Plan for Providing Services for
this service area, which was considered with the formation of CSA M-30 and is on file with the
Local Agency Formation Commission of Contra Costa County ("LAFCO").
3. A copy of the"Engineer's Report for the Contra Costa County Service Area M-30" (the
"Engineer's Report"),prepared pursuant to Article XIII D of the California Constitution,
Government Code section 25210.77a and Contra Costa County Code Article 1012-2.b, is attached as
Exhibit A. The Engineer's Report has been filed with the Clerk of the Board of Supervisors. The
Engineer's Report includes: (a)a description of the planned development in CSA M-30; (b) a
description of the special benefits that will be conferred by the Services separated from general
benefits conferred on property located in the County at large; (c)a description of the specially
benefited property (the property that will receive Services); (d)the estimated total benefit assessment
chargeable to the entire service area; (e)the methodology for calculating the assessment per parcel;
(f)the benefit assessment for each parcel; and(g)an explanation that the Engineer's Report satisfies
all the requirements of a tentative report under Article 1012-2.6 of the Contra Costa County Code
and,therefore,constitutes the"Tentative Report for the Contra Costa County Service Area M-30
Benefit Assessment Service Charge Fiscal Year 1998-1999"(the "Tentative Report").
4. Based on its review of the Engineer's Report:
A. The Services provided by the proposed benefit assessment will directly benefit the
assessed parcels by increasing their value and habitability.
B. The cost of the proposed benefit assessment on each parcel to be assessed is
proportional to the special benefits that the Services will confer on such parcel.
Now,therefore,the Board of Supervisors ORDERS AND RESOLVES THAT:
1. The Board accepts the Tentative Report.
2. The Board will conduct a public hearing (the"Hearing") on Tuesday, May 5, 1998 at
2:00 p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California
94553.
3. The Board directs the Clerk of the Board to immediately provide the Public Works
Director of Contra Costa County (the"Public Works Director")with a copy of this Resolution.
4. No later than March 20, 1998,the Public Works Director shall mail the written notice of
the Hearing (the"Notice")attached as Exhibit B to the record owners of the parcels identified in
Section 5 of the Tentative Report. A ballot(the"Assessment Ballot") in the form of the ballot
attached as Exhibit C and a copy of the Engineer's Report shall be attached to the Notice.
5. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant
to Government Code section 6066.
6. At the Hearing,the Board shall consider any objections or protests to the proposed
benefit assessment. The Board will then tabulate the Assessment Ballots received from the record
owners of parcels identified therein. The Board shall not impose the benefit assessment if there is a
majority protest under Article XIII D of the California Constitution. If there is no majority protest,
the Board will then adopt a resolution which confirms the Engineer's Report as the Tentative Report;
assess the benefit assessment in the Tentative Report; find that the Director of the Contra Costa
County Public Works Department,acting as the Designated Director, has concluded that the
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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-30 Benefit
Assessment" (the "Final Report"); confirm the Final Report; and levy the benefit assessment for the
fiscal year referred to in the Final Report.
I hereby certify that this Is a true and correct
Orig.Dept.. Public Works Department(Special Districts) copy of an action taken and entered on the
cc: Skip Epperly(510)313.2253 minutes of the Board of Supervisors on the
County Administrator date shown.
County Counsel ATTESTED. Marc-h-17, 1998
Auditor-Controller PHIL BATCHELOR, Clerk of the Board
County Assessor
Community Development Dept. of Supervisors and County Administrator
McCutchen,Doyle,Brown&Enersen
By " ' Deputy
CA980220,005
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EXHTIJIT A
ENGINEER'S REPORT
CSA M-34,Alamo Springs Engineers Report
EXHIBIT A
ENGINEER'S REPORT
FOR CONTRA COSTA COUNTY SERVICE AREA M-30
ALAMO SPRINGS,ALAMO/DAN'V'ILLE 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: By:
J. Michael Walford, P.E.
Director of Public Works
RCE No. 16670
I HEREBY CERTIFY that the enclosed Engineer's Report together with Assessment Roll and
Assessment Diagram thereto attached, was filed with me on the day of
, 1998.
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 thereto attached, was approved and confirmed by the Board of Supervisors
of Contra Costa County, California on the day of ' 1998.
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 thereto attached, was filed with the County Auditor of the County of
Contra Costa, on the day of , 1998.
Jeanne Maglio, Clerk of the Board of Supervisors
Contra Costa County, California
By:
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CSA M-30,Alamo Springs Engineers Report
ENGINEER'S REPORT
FOR CONTRA COSTA COUNTY SERVICE AREA M-30
ALAMO SPRINGS, ALAMO/DANVILLE AREA
BENEFIT ASSESSMENT
March 2, 1998
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CSA M-30,Alamo Springs Engineers Report
TABLE OF CONTENTS
Section 1. Introduction and Overview. ........................................................................... 4
Section 2. Background and Project Plans. ...................................................................... 4
Section 3. General Benefits............................................................................................. 5
Section 4. Special Benefits ............................................................................................. 6
Section 5. Specially Benefited Parcels............................................................................ 7
Section 6. CSA M-30 Total Assessment......................................................................... 7
Section 7. Methodology for Calculating the Assessment Per Parcel.............................. 7
Section 8. Assessment Per Parcel. .................................................................................. 10
Section 9. Tentative Report for Contra Costa County.................................................... 10
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CSA M=30,Alamo Springs Engineers Report
ENGINEER'S REPORT
Section 1. Introduction and Overview.
This Engineer's Report provides the justification for the proposed benefit assessment for County
Service Area M-30, Alamo Springs ("CSA M-30"). 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 California Constitution Article XIII D ("Proposition 218");
Government Code section 25210.77a; and Contra Costa County Code Article 1012-2.6.
Section 2 of this report describes the development approved for CSA M-30 and identifies the
plans for providing various extended services to this area. Section 3 identifies the general
benefits that will be available to the parcels subject to the assessment. Section 4 identifies the
special benefits that will be available to the CSA M-30 parcels. Section 5 identifies the parcels
that will be specially benefited. Section 6 identifies the CSA M-30 total assessment. Section 7
describes the methodology used in calculating the assessment per parcel. Section 8 identifies the
Assessment Per Parcel. 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 County Service Area M-30
(Alamo Springs).
Section 2. Background and Project Plans.
In August 1989, the Town of Danville ("Town") and the County of Contra Costa ("County")
entered into a Memorandum of Agreement to undertake a joint jurisdiction General Plan and
project review for the Alamo Springs project. After certification of an EIR for the project, the
Board of Supervisors on December 8 and 15, 1992, approved the project (including Final
Development Plan#3003-90). The unincorporated area of the project was simultaneously
rezoned to planned unit district. On January 23, 1996, the Town and County entered into a new
Memorandum of Agreement, superseding the August, 1989 Memorandum of Agreement, to
establish procedures for joint review and approval of the project.
On December 17, 1996, the County Board of Supervisors approved an Amended Preliminary
Development Plan and Final Development Plan for the project (County File#DP953043) as
modified by the County Zoning Administrator May 19, 1997, and Revised Vesting Tentative
Map for the project(County File#SD7452).
The project plans provide for the development of 53 single family homes on approximately
148 acres at the end of La Gonda 'W'ay ("Project"). Of those 53 homes, 11 will be in the Town
and 42 will remain in unincorporated Alamo.
During the planning process, it was determined that the Town would provide extended services
in the form of police, public street maintenance, park and roadside landscape to the homes in
unincorporated Alamo, and County Service Area L-100 would provide the County public street
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CSA M-30,Alamo Springs Engineers Report
lighting extended service (together "Services"). The decision to have the Town provide these
Services was made because the entire Project, including the 42 lots in unincorporated Alamo, is
oriented completely towards the Town. The only way to access the subdivision is over public
streets in the Town, including La Gonda Way. Furthermore, the 42 unincorporated lots may be
reached only by first driving through the 11 lots in the Town, which will be receiving Services
from the Town.
The conditions of approval for the project require the developer to create a funding mechanism,
so that the owners of the 42 lots in unincorporated Alamo will pay for these Services. It was
determined that a County Service Area("CSA")was the most appropriate funding mechanism.
The financing of CSA M-30 implements Conditions of Approval 65, 94, 95 and 96 of the
County's approval of the Preliminary and Final Development Plan, as modified by the County
Zoning Administrator on May 19, 1997.
On September 3, 1997, the Danville Town Council adopted Resolution No. 124-97, requesting
that the Contra Costa County Local Agency Formation Commission ("LAFCO") approve
formation of CSA M-30. On November 17, 1997, LAFCO approved the formation of
CSA M-30. At this meeting, the Town also adopted the plan for providing public services to the
Project pursuant to Government Code section 56653 (the "Plan for Providing Services"). On
December 16, 1997, the Board of Supervisors approved a Boundary Reorganization including
formation of CSA M-30, and a Joint Exercise of Powers Agreement between the County and the
Town.
The Joint Exercise of Powers Agreement ("JEPA") serves two primary purposes. First, it
authorizes the Town to provide the Services within the unincorporated portion of the subdivision.
The Services will be provided at the same level as the services are provided within the Town.
Second, the JEPA establishes the procedures for assessing and collecting the assessment through
CSA M-30. Each year the Town will submit a proposed budget to the County which will contain
the costs of CSA M-30 for that year and the total and per parcel assessment. The assessment
amount will be adjusted annually based upon the Town's actual expenditures for police services,
park and roadside landscape service and public street maintenance. The County will add the
appropriate amount for the CSA L-100 Lighting District to provide, operate and maintain public
street lights and appurtenant facilities, plus a small administrative fee. The assessments will be
collected by the County and distributed to the Town and CSA L-100 in consideration for
providing the Services. The assessment collected by the County through CSA M-30 shall be
used only to fund the services provided to the residents within CSA M-30.
Section 3. General Benefits.
Without the Services, the 42 homes located in unincorporated Alamo would receive standard
County police services, limited park and roadside landscaping services, limited public street
maintenance and no County public street lighting.
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CSA M-30,Alamo Springs Engineers Report
Standard County police services are characterized by 1.1 officers per 1000 residence and traffic
enforcement would be provided by the California Highway Patrol on an as requested basis. Park
services would be limited to those provided by the R7A, a special park district in the Alamo area.
No roadside landscaping services would be provided by the County. County public street
lighting is not provided to unincorporated areas of the County that are not served by a special
district. '
Section 4. Special Benefits.
Proposition 218 provides that "only special benefits are assessable" (Cal. Const. Art. XIII I),
Sec. 4). Proposition 218 defines a special benefit as a particular benefit conferred on real
property, not a general benefit to the public or a general increase in property values. If a project
or service would not provide such a special benefit, Proposition 218 states that it may not be
financed by an assessment.
The Services that will be provided within CSA M-30 pursuant to the JEPA between the Town
and County are special benefits as defined in Proposition 218. These special benefits are over
and above the benefits received by members of the general public who reside in unincorporated
areas of the County (general benefits).
The Town will provide three of the four Services to CSA M-30. The Services provided to
CSA M-30 by the Town shall be at service levels equivalent to those generally provided by the
Town to its residents.
The Services provided by the Town to CSA M-30 are:
a) Police Services. All of the police services provided to Town residents by Town police,
including without limitation community services, crime prevention, investigation, patrol,
and traffic enforcement, will be provided and available to residents within CSA M-30.
Response times to the unincorporated parcels will be shorter than could be provided by
the Alamo substation of the sheriff's department because of staffing levels and the
proximity of the Town's police station to the subdivision (located within one mile on
La Gonda Way). In addition, while County residents receive traffic enforcement only
from the California Highway Patrol as needed, the Town will be able to provide both
patrol and traffic enforcement on a regular basis. Finally,the Town's sworn and unsworn
personnel will provide a variety of crime prevention programs which the sheriff's office
would not be able to provide.
b) Park and .Roadside Landscape Service. All of the park and roadside landscape services
provided to Town residents will be provided and available to CSA M-30 residents,
including without limitation maintenance of parks and other public facilities, such as the
Danville Library and Community Center, maintenance of all roadside and median
landscaping. Residents within CSA M-30 shall be treated as Town residents for purposes
of enrolling in, participating in, and using in any way, Town recreational programs and
i
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CSA M-30,Alamo Springs Engineers Report
classes, and Town facilities and parks; such treatment shall include, but not be limited to,
both fees charged and priority in enrollment or reservations given to Town residents.
However, these park and roadside services are not "local park, recreation or parkway"
facilities as defined in Government Code Government Code section 25210.61 because
these facilities will not be "maintained privately for the benefit of and used primarily by
residents of CSA M-30.
c) Public Street Maintenance. All of the public street maintenance, including without
limitation repair and replacement of asphalt on public streets, crack sealing and other
maintenance measures to protect and prolong the life of public streets, repair and
replacement of street signs, stop signs,etc. will be available to CSA M-30 residents.
The fourth Service, County public street lighting, will be provided by CSA L-100 as follows:
The operation, maintenance and service of public street lights and appurtenant facilities in the
County as required to provide safe, lighting along public streets in the County shall be
provided by CSA L-100. No public street lights are located within CSA M-30 or the Project.
All street Iighting located within the Project will be private. The operation, maintenance and
service of the private onsite street lights within the Project will be paid for by the Alamo
Springs Owners Association. CSA M-30 will pay CSA L-100 a portion of the assessments it
collects in consideration for providing county public street lighting services. The annual
assessment for CSA L-100 for fiscal year 1997-98 was approved by the Board of Supervisors
on July 15, 1997, Resolution No. 97/374. The Resolution and Engineer's Report attached
thereto detail CSA L-100 special benefits and are available for public review at the Public
Works Department, 255 Glacier Drive, Martinez, California 94553.
Section 5. Specially Benefited Parcels.
The following parcels are included within CSA M-30. The property described by these parcels
will receive the Services financed by the assessment:
Parcels 12 through 53 as shown on the final map for Subdivision 7452 recorded
December 30, 1997 in Book 397 of Maps at page 31 et seg. in the office of the
County Recorder of the County of Contra Costa, document No. 97-253733. -
These parcels will be specially benefited by the Services that will be financed by the assessment.
The process for levying the assessment on these parcels is discussed in Sections 6, 7 and 8 of this
Engineer's Report.
7
CSA M-30,Alamo Springs Engineers Report
Section b. CSA M-30 Total Assessment.
The assessment chargeable to all the parcels within CSA M-30 in each year is the "Total
Assessment." The estimated Total Assessment in each year is equal to the total cost of providing
the Services to all of the parcels within CSA M-30 in the identified fiscal year, as outlined in
Section 8 and detailed in Section 7 of this report. The maximum authorized Total Assessment
shall be adjusted each subsequent fiscal year based on the "Consumer Price Index"' plus an
additional 2%adjustment as described below:
Maximum Total Assessment in the immediately preceding fiscal year multiplied
by the Consumer Price Index for the San Francisco-Oakland-San Jose area for
April of the immediately preceding fiscal year plus two percent(2%).
The amount actually assessed shall be based on the cost of services and may be lower than the
maximum amount allowed under this formula.
The current estimated Total Assessment is:
Fiscal Year Cumulative Number of Assessment
Building Permits
1998/1999 7 $3,269.91
1999/2000 25 $11,678.25
2000/2001 42 $19,619.46
In no event shall the assessment per parcel for any fiscal year be less than the amount established
for the first fiscal year.
Section 7. Methodology for Calculating the Assessment Per Parcel.
Proposition 218 requires that the local government set individual assessment charges so that no
property owner pays more than his or her proportional share of the total cost of the services being
provided. The 42 parcels of the Project that make up CSA M-30 are all designated for residential
use. The project CC&Rs require that most parcels be developed with a main residential unit of at
least 3,500 square feet. While the parcel sizes vary, they all have substantially the same size
building pads. It is anticipated that homes built on these lots will be similar in size and that the
t "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 Assessment on parcels within CSA M-30 shall be the 1997/1998 fiscal
year.
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CSA M-30,Alamo Springs Engineers Report
size of families who live in these homes will be similar. For these reasons, the need for and the
use of each of the Services (miscellaneous police, park and roadside landscaping maintenance,
public street maintenance and County public street lighting) will be substantially the same for
each parcel. Therefore,the same assessment will be levied on each parcel within CSA M-30.
The methodology for calculating the assessment per parcel for each of the Services is similar. To
determine the cost per parcel, the total budget for providing service to the current total service
area is divided by the total number of parcels or units within the current service area. The
Town's budget and assessments for each of these Services have in past years reflected the
Town's cost to provide these Services. Below is a breakdown of each Service and how the
assessment per parcel is to be determined.
a) Police Services
For fiscal year 1997/1998, the Town's total police budget is $3,596,450. The total number of
housing units in the Town is 14,034. The cost per parcel for providing the Town's level of
police services is $256.27. This number was determined by dividing the total budget
($3,596,450) by total number of units (14,034).
b) Parks and Roadside Landscape Maintenance
If the parcels included in CSA M-30 were located in the Town, they would be included in
Zones A and D of the Town's Landscaping and Lighting Assessment District. Zone A,
which funds roadside landscape maintenance, has a current assessment of$34.52 per parcel.
Zone D, which funds park maintenance, has a current assessment of $54.00 per parcel.
However, only 50% of park maintenance is funded by this assessment, with an additional
$54.00 funded by the Town's General Fund revenues.
Based on the above, the cost per parcel for Parks and Roadside Landscape Maintenance
would be as follows: $34.52 (for Zone A) plus 2 x $54 (for Zone D and General
Fund)= $142.52.
c) Public Street Maintenance
For fiscal year 1997/1998, the Town's total street maintenance budget is $551,165. The cost
per parcel, $39.27, was determined by dividing the total street maintenance budget
($551,165)by the total housing units(14,034).
d) County Public Street Lighting
For fiscal year 1997/1998, the assessment for single-family lots in CSA L-100 is $14.94.
The annual assessment for CSA L-100 for fiscal year 1997-98 was approved by the Board of
Supervisors on July 15, 1997, Resolution No. 97/374. The Resolution and attached
Engineer's Report which details CSA L-100 special benefits is available for public review at
the Public Works Department, 255 Glacier Drive, Martinez, California 94553.
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NUTICE IS HEREBY GIVEN that:
On December 16, 1997,the Board of Supervisors adopted Resolution No. 97/695 forming
County Service Area M-30(Alamo Springs)("CSA M-30"). The types of services to be funded
and/or provided by the CSA(the "Services")include: miscellaneous police,public street
maintenance,park and roadside landscape,and County public street lighting.
On March 17, 1998 the Board of Supervisors adopted Resolution 98/=setting a public
hearing to consider adopting a benefit assessment for CSA M-30. The benefit assessment will be
used to finance the Services. The estimated total amount chargeable to the entire district is provided
in Section 6 of the"Engineer's Report for Contra Costa County Service Area M-30,"(the
"Engineer's Report")attached to this notice as Exhibit A. The amount that will be chargeable to
the individual parcels that will be subdivided from the existing parcels you own is provided in
Section 6 of the Engineer's Report. The basis upon which the benefit assessment was calculated is
provided in Sections 6, 7 and 8 of the Engineer's Report. The benefit assessment may continue to be
levied in perpetuity. The benefit assessment shall be adjusted annually to reflect the percentage
change in the Consumer Price Index plus two percent(2%)of the Consumer Price Index as
described in Sections 6 and 8 of the Engineer's Report.
The Board of Supervisors will conduct a public hearing(the"Hearing")on Tuesday,May 5,
1998 at 2:00 p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street,Martinez,
California 94553 to tabulate ballots and hear any protests on the proposed benefit assessment.
Procedures for re ing and tabulating the ballots: A ballot is attached to this notice. A
copy of this notice,the ballot and the Engineer's Report have been sent to each of the owners of
property that will be subject to the benefit assessment. The ballot may be completed and mailed to
the Public Works Director of Contra Costa County(the "Public Works Director"),255 Glacier
Drive,Martinez, California 94553. The ballot must be received by the Public Works Director no
later than 5:00 p.m. Monday, May 4, 1998 to be considered at the Hearing. At the Hearing,the
Public Works Director will deliver the ballots it receives to the Board of Supervisors. The Board of
Supervisors will then consider all protests and tabulate the ballots. The Board of Save iv sons will
not impose the benefit sessment if there is--&mai rijroti test. A majority protest exists if,upon the
conclusion of the Hearing,ballots submitted in opposition to the benefit assessment exceed the
ballots submitted in favor of the benefit assessment. In tabulating the ballots,the ballots will be
weighted according to the proportional financial obligation of the affected property.
Inquiries regarding the benefit assessment may be made to Skip Epperly, Special Public
Works Special Districts Coordinator of Contra Costa County,telephone(5 10)331-2253.
CA980220.005
EXHIBIT C
ASSESSMENT BALLOT
Property Description: Parcels 12 through 53 as shown on the final map for
Subdivision 7452 recorded December 30, 1997 in Book 397 of Maps at page 31 et
seq. in the office of the County Recorder of the County of Contra Costa, document
No. 97-253733.
Record Owner:
Address:
Yes,1 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,1 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.
Signature of Record Owner or Authorized
Representative of the above-identified parcels.
Mail or deliver completed ballots to:
Public Works Director
Contra Costa County Department of Public Works
255 Glacier Drive
Martinez, CA 94553
CA980220.005