LAFCO
Comment Log
Read the report at Local Agency Formation Commissions ↗
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
1 Town of Moraga, Feb. 22, Fig. 3-5 Submitted street light information Added.
2013
2 Michael Sands, General 49 In "Geologic hazard abatement services are provided by a Revised to "contractors." In this introductory
Manager, Blackhawk private contractor," change "private contractor" to "the paragraph, we report succintly who is the actual
Geologic Hazard Blackhawk GHAD." service provider. The GHAD is managed by a
Abatement District, Feb. 27, private contractor, and hires private contractors to
2013 provide direct services.
3 (Sands continued) 53 Insert "certain" before "ravines." Revised.
4 (Sands continued) 55 Delete the word "staff" and replace "support staff" with Clarified. Added header.
"officers."
5 (Sands continued) 55 Delete sentence: The Blackhawk GHAD is managed by a Added header. Sentence not deleted.
private firm that also manages another GHAD; its employees
are shared and the respective GHAD’s pay their share of
employee work time.
6 (Sands continued) 53 Delete: "The GHAD discovered this oversight in December Deleted. The GHAD clarified that its board has
2012, and has removed the affected area from its service area not taken action on the service area, and that there
until the funding problem is resolved." have been no service needs in the affected area
since the problem's discovery.
7 Lynette Tanner-Busby, 61 100 additional housing units are planned for the BART Removed the number of planned units since
Contra Costa Centre station property. some of these units have been completed. See
Association, Mar. 11, 2013 comment #39.
8 (Busby continued) 61 CCCA job estimate is 6,000 Added job capacity. Current job estimate is based
on 2010 employee survey (4,885 jobs) and ABAG
estimate.
9 (Busby continued) 61 There are 423 hotel rooms Added.
10 (Busby continued) 62 Revise housing unit count to 422. Not revised. See comment #39.
11 (Busby continued) 63 Countrywood Shopping Center is a destination for employees Added.
via mid-day shuttles.
Last updated April 7, 2013
Page 1 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
12 (Busby continued) 64-65 Compliance with the County's TDM Ordinance is measured Added.
on an areawide basis at Contra Costa Centre. Individual
property performance is not measured for compliance
purposes.
13 (Busby continued) 66 Revise jobs to 6,000 and add 423 hotel rooms. See response to comment # 8
14 (Busby continued) 66 Please note that compliance with the County's TDM Noted.
ordinance is determined by the County's Department of
Conservation and Development, not by LAFCO.
15 (Busby continued) 67 Delete determination #12 and replace with: "The CSA is Added content elsewhere. Determination #12 not
within the territory of Contra Costa Centre Municipal revised.
Advisory Council (MAC) and advisory body to the County.
The MAC hears periodic reports from the Contra Costa
Centre Association on TDM performance.
16 (Busby continued) 67 Under recommendation, add "concurrent with a future Not revised. This point was already covered
expansion of the CSA via annexation proceeding." under Governance Alternatives.
17 City of Walnut Creek, Mar. CSA D-2 Provided copies of Preliminary Design Report for Homestead Added content.
12, 2013 Drainage Area (1998) and Hydraulic Alternatives Analysis
(2009).
18 Commissioner Sharon 1 Add information on miscellaneous CSAs reviewed in the Added.
Burke, Mar. 12, 2013 Police Services MSR (2011) and the Parks and Cemetery
Services MSR (2010).
19 (Burke continued) 4 The report notes 4,000-5,000 employees working at the See footnote 74 on p. 61 for job estimate sources.
commercial properties in CSA M-31. Contra Costa Centre There is capacity in the CSA for 6-7,000 jobs
Association reports 6,000 employees. This is a significant during robust economic times.
difference and should be verified.
20 (Burke continued) 5 For unincorporated communities, Census Designated Place Added map showing unincorporated communities
(CDP) place names can be confusing since CDP place names by name. See Appendix Map 1 in Draft Final
are not commonly used by the general public or even by MSR.
affected government agencies.
Last updated April 7, 2013
Page 2 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
21 (Burke continued) 18 CSA D-2 is in Flood Control District Zone 3-B and partly in Added content. The Flood Control District
the City of Walnut Creek. Are there overlapping handles regional flood infrastructure; whereas, the
responsibilities and financing sources? How do these agencies CSA handles local infrastructure. The City
and responsibilities apply to CSA D-2? conducts planning and design studies, and may
choose to fund projects directly.
22 (Burke continued) 31 The discussion of the recent LAFCO action to pursue Noted. The discussion is included to illustrate the
annexation of Round Hill into CSA R-7 is pertinent since it is potential and precedent for property tax
the only recent action to pursue a reallocation of future allocations associated with annexation.
property taxes through annexation into a CSA. However, the
action is not analogous to the discussion on this page of
annexing portions of the county receiving services from L-100
because the communities discussed are widely separated and
annexation would not make whole a community of interest, as
Round Hill and Alamo were.
23 (Burke continued) 31 Add content on communities within the CSA that have Added. Note that the MSR lacked the
private roads and are gated where residents pay HOA dues for information to identify such areas. Review of
private streetlights in addition to CSA L-100 charges. google earth images indicated some gated
communities have minimal (decorative) lights.
24 (Burke continued) 32 CSA L-100: With a fund balance well over $5 million dollars, Revised.
recent revenues in line with recent expenditures, no debt, and
service levels far exceeding levels provided by a private utility,
PG&E, there does not appear to be any justification for the
statement that the current level of financing for the CSA is
“minimally adequate to finance services.” The CSA should be
encouraged to use its fund balance for public purposes and
not allow it to sit unused.
25 (Burke continued) 44 Figure 3-9 caption Revised.
Last updated April 7, 2013
Page 3 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
26 (Burke continued) 45 CSA M-20: It does not appear to be cost effective or efficient Note that County staff has a route that covers
for two county maintenance workers to spend one hour per more than just the work they do in CSA M-20.
week trimming the trees on the north side of Willow Avenue.
Since the Viewpointe HOA is already maintaining most of the
trees in the subdivision, perhaps it would be more efficient to
contract this work to the HOA and simply use the CSA as a
passthrough.
27 (Burke continued) 63 It would be useful to have a discussion of the financial RDA funding has not been replaced. Content
impacts of the termination of the County RDA on the added.
finances of M-31, since the narrative states the RDA
reimbursed the CSA for certain costs. Has this funding been
replaced and will it affect services provided by the CSA?
28 (Burke continued) 63 It would be useful to have information about the usage levels Added.
for the CSA M-31 mid-day shuttle.
29 (Burke continued) 64 CSA M-31 should do more work to effectively use the Noted. See determination #7 for CSA M-31.
taxpayer funding provided. CCCA should conduct usage
surveys to determine by vehicle and program (Segway, smart
car, various incentives) which are used and which are not and
discontinue ineffective programs.
30 (Burke continued) CSA M-31 CCCA provides child care services. The CSA can only fund The Auditor-Controller reports that County
transportation demand management services. It seems it payments to CCCA are made from separate funds
would be important to determine if any funds are for the CSA and child care trust fund respectively.
commingled. However, since the CCCA did not provide See subsequent comments #38, 49 and 50.
budget information to LAFCO, this determination is not
possible.
Last updated April 7, 2013
Page 4 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
31 (Burke continued) 76 CSA T-1 has been in existence for seven years and has Added.
provided no direct services during that time while collecting
assessments. The services it was formed to provide do not
appear to be in demand, that CSA transit trips would amount
to 77 transit trips per day (compared to the total 10,000 car
trips per day from the CSA). It would be useful to have a
discussion of a zero sphere of influence for CSA T-1.
32 (Burke continued) Please note according to the 2008 update of County Service All 7 CSAs complied with annual budgeting and
Area Law, California Government Code requires regular annual reports to the State Controller. County
audits of CSAs, annual reports, and determinations of Gann staff reports that CSA funds are audited annually.
appropriations limits. It is not clear from the MSR if any of
these requirements are being met by the CSAs reviewed.
33 (Burke continued) The Public Works Department which manages these CSAs County staff reported that they charge actual cost
appears to charge differing administrative fees which are not for services (such as preparing budgets, engineers
applied uniformly. reports, etc.).
34 (Burke continued) CSAs M-31 and T-1 receive assessments only and not a Noted. When the assessments were approved, the
percentage of the 1% property tax. It appears these agencies entities were structured as CSAs rather than
would more appropriately be benefit assessment districts and assessment districts.
not CSAs.
35 Paul Detjens, CSA D-2, CSA D-2 Provided clarifying information relating to expenditures. Added.
Mar. 12, 2013
36 Susan Cohen, CSA T-1, CSA T-1 Provided settlement agreement and conditions of approval for Added.
Mar. 13, 2013 development in the CSA bounds.
37 Lynette Tanner-Busby, CSA M-31 CCCA has recently evaluated and changed the mid-day shuttle Updated.
Contra Costa Centre so that the destination is twice a week the Kohl's shopping
Association, Mar. 13, 2013 center.
Last updated April 7, 2013
Page 5 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
38 (Busby continued) CSA M-31 The CCCA budget (separate from the CSA) pays for salaries, Noted.
a resident sheriff deputy, overhead, and child care. The child
care costs amount to $1,100 monthly per enrolled child.
39 Maureen Toms, County CSA M-31 Provided interview with current information on office Added.
Department of tenants, employee capacity (6-7,000), and housing units (35
Conservation & additional units completed). Indicated that DCD monitors
Development, March 15, CSA M-31 program effectiveness and outcomes.
2013
40 Tim Jensen, Senior Civil CSA M-23 Provided a description of the nature and extent of drainage Added.
Engineer, County Public services provided by CSA M-23.
Works Dept., Mar. 27, 2013
41 Susan Cohen, CSA T-1, CSA T-1 We have completed the community outreach program to Added.
Mar. 27, 2013 educate and gather feedback from the residents within CSA T-
1. We are preparing to review the analysis of the
transportation survey feedback. Our mid-term strategy is
anticipated to include a vanpool and/or shuttle service,
connecting CSA T-1 to select locations including BART
stations or Bishop Ranch. We would initiate the process of
selecting a vanpool leasing or shuttle company to provide
transit service, via an RFP in 2013.
42 (Cohen continued) CSA L-100 CSA services do not differ depending on type of ownership Noted.
of the street light and what PG&E maintains.
Last updated April 7, 2013
Page 6 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
43 Maureen Toms, County 62 Entitlements for commercial development in the CCC area Added.
Department of include conditions of approval which most recently include:
Conservation & providing bicycle parking, preferential parking for low-
Development, March 29, emission vehicles and carpools, promoting BART use, and
2013 adopting trip reduction goals and enforcement procedures.
44 (Toms continued) 65 The TDM program and budget is reviewed annually by the Added.
CCCA board, and CCCA conducts employee surveys every 3
years to determine effectiveness. CCCA provides monthly
expenditure reports to the County. The County Board of
Supervisors approves the budget and renews the contract with
CCCA annually.
45 (Toms continued) 62 The County's records show different information for the FY Not revised. The Auditor-Controller's office
11-12 fund balance ($39,000 rather than $218,000) total confirmed the MSR figures for fund balance and
expenditures ($282,000 rather than $200,000), and changes by total expenditures were accurate.
expenditure category.
46 (Toms continued) 63 The former Redevelopment Agency assisted the TDM Added.
program with funds for green fleet equipment rooms,
reservation systems and electric vehicle charging stations.
This source of revenue is no longer available.
47 (Toms continued) 63 CCCA was instrumental in obtaining grant funds from the Added.
U.S. Department of Energy, 511 Contra Costa and other
sources to fund eight vehicle charging stations, as well as
installation costs for electric vehicle charging stations,
commuter survey analysis and bike lockers.
48 (Toms continued) CSA M-31 CCCA is partnering with Contra Costa Transportation Added.
Authority to develop a real-time ride-share program.
Last updated April 7, 2013
Page 7 of 8
Log of Comments and Authors' Responses
Public Review Draft Miscellaneous Services MSR
Com- PRD MSR
ment # Commenter Page Comment (Abridged) MSR Author's Response
49 (Toms continued) CSA M-31 In response to comment #30, CCCA does not provide child Added.
care services per se. The commercial property owners funded
a $1 million trust account held by the County to comply with
General Plan conditions and enhance marketability of office
space. The trust fund interest provides subsidies for child
care expenses to low- and moderate-income employees.
50 (Toms continued) CSA M-31 In response to comment #30, there is no factual basis to Noted. The County Auditor-Controller confirmed
suggest that CSA and child care funds are commingled. that the County keeps the funds separated.
51 (Toms continued) CSA M-31 "The consultant to LAFCO has requested the entire operating The comment is inaccurate. The LAFCO
budget" for CCCA; however, the County does not have the consultant requested on Feb. 21 the total CCCA
operating budget and has no legal grounds to demand it. budget, explicitly indicating an interest in knowing
the CSA funds as a percent of the CCCA budget.
CCCA declined to provide that.
Last updated April 7, 2013
Page 8 of 8