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HomeMy WebLinkAboutRESOLUTIONS - 06052018 - 2018/138TENTATIVE ANNUAL REPORT FISCAL YEAR 2018-2019 CONTRA COSTA COUNTY SERVICE AREA M-31 (Contra Costa Centre Transit Village) Transportation Demand Management Services June 5, 2018 Board of Supervisors John Gioia, District 1 Candace Andersen, District 2 Diane Burgis, District 3 Karen Mitchoff, District 4 Federal Glover, District 5 Prepared by Contra Costa County Public Works Department CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 1 - BACKGROUND INFORMATION In 2002 it was recognized that the area commonly known as Contra Costa Centre Transit Village, in the unincorporated portion of Contra Costa County, would be redeveloped, creating a need for new transit services. Contra Costa Centre Transit Village is located east of Interstate 680. A map of the general location of this area is shown below. The Contra Costa Centre Transit Village benefits residents and employees with a variety of travel mode options. A core element of the travel mode options for residents and employees, and a key traffic mitigation measure in the California Environmental Quality Act (CEQA) documents certified at the time of adoption and amendment of the Contra Costa Centre Transit Village Specific Plan, was the establishment of Transportation Demand Management (TDM) programs. TDM programs include carpooling, vanpooling, ridesharing, flex time, staggered work hours, guaranteed ride home, telecommuting, etc. The property owners within Contra Costa Centre Transit Village collectively had a mandate to achieve at least 30% TDM performance (i.e. 30% or more of the area employees arrive at work via something other than a single-occupied car). The Contra Costa Centre Transit Village Association is the collective mechanism by which the developer/property owner’s obligation for TDM programs is achieved. The Contra Costa Centre Transit Village Association is a private non-profit corporation whose membership consists of the property owners in the area. It has been in existence since the mid-1980s. On April 23, 2002, the Board of Supervisors approved Resolution Nos. 2002/256 and 2002/257 which recommended to the Local Agency Formation Commission of Contra Costa County (LAFCO) the formation of County Service Area (CSA) M-31, Contra Costa Centre Transit CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 2 - Village. The property located within CSA M-31 receives a special and distinct benefit over and above the general benefits received by the public at-large in the form of extended TDM services. These extended transportation services consist of the implementation of TDM programs as discussed in this report and in the Plan for Providing Services for CSA M-31, which is on file with LAFCO. Resolution 2002/256 further stated that CSA M-31 services should be supported by a benefit assessment or special tax levy on parcels that receive this special and distinct benefit from the CSA M-31 services. On June 11, 2002, the Board of Supervisors conducted a public hearing and subsequently approved Resolution 2002/362 which authorized the annual levy of benefit assessments on the parcels located within CSA M-31 to fund TDM programs. On July 10, 2002, LAFCO conducted a public hearing and subsequently approved Resolution 02-19 which formed CSA M-31. For each year since Fiscal Year 2002-03, benefit assessments or service charges have been levied within CSA M-31. On June 3, 2008, by Resolution No. 2008/366, the Board of Supervisors approved the annexation of Subdivision 05-8950 (Pleasant Hill BART Redevelopment Property) into CSA M-31. This annexation was subsequently approved by LAFCO Resolution 08-19 on August 13, 2008. The following is a list of programs and services that have been proposed to be funded in Fiscal Year 2018-19 b y CSA M-31: 1) Transit Subsidy Program: Load on Clipper card $50 value BART fare for $15. Must pledge to take BART to work a minimum of three days per week. • 75 participants for nine months 2) Carpool Incentive Program: Provide two $15 Chevron gas cards per carpool per month for nine months. • 25 participants for nine months 3) Bus Subsidy Program: Receive a $60 value Count y Connection bus pass or reimbursement of other transit bus pass for $30. • 25 participants for nine months 4) Bike/Walk to Work Incentive Program: Bike or walk to work at least three times per week per month, a minimum of 12 times each month, and receive $25 incentive. • 20 participants 5) Guaranteed Ride Home Program: This program is managed by Contra Costa Centre Transit Village. The program is an “insurance policy” against being stranded without a wa y to get home for commuters who take a commute alternative (carpool, vanpool, public transit, bicycle or walk) to work and have a qualified emergency which does not allow them to use the commute alternative to return home. 6) Mid-Da y Shuttle: The mid-day shuttle, a clean air natural gas shuttle, runs from 10:30 am – 2:10 pm, Monday through Friday, with stops at all Centre buildings and between the Contra Costa Centre Transit Village, the Countrywood Shopping Mall and Kohl’s, free of charge. CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 3 - 7) Green Fleet Program: The Contra Costa Centre Transit Village (CCCTV) provides employees with access to local vehicles (e.g. Segwa ys, bicycles, electric bicycles, electric and hybrid cars) to use through the Contra Costa Centre Transit Village and vicinity during the workda y. Employees are able to check-out vehicles online or electronicall y at various kiosk locations. The Green Fleet programs are free to CCCTV employees. 8) Marketing Plan: The Contra Costa Centre Transit Village markets the program through newsletters, posters, brochures and promotional handouts. Additionally, they meet with employers and employees directl y, and host events and transportation fairs to ensure Centre area workers are informed of the various commute alternatives, subsidies and incentives available to them through the Contra Costa Centre Transit Village TDM Program. These TDM services may be amended annually, including the addition or deletion of the services as required to meet the 30% TDM performance goal as determined by Contra Costa Count y in consultation with the Contra Costa Centre Association or its successor. CURRENT ANNUAL ADMINISTRATION Pursuant to County Ordinance Section 1012-2.6, former County Service Area Law (California Government Code Section 25210.77a), and current County Service Area Law (California Government Code Section 24210.3, subd. (d)), the Tentative Annual Report has been filed with the Clerk of the Board of Supervisors, public notice has been given as required, and the Board will conduct a Public Hearing and then make a determination on each estimated service charge in the tentative report. Contra Costa Board of Supervisors will review the Tentative Annual Report in accordance with Resolution No. 2018/138, on June 5, 2018, and conduct a Public Hearing in connection with the proceedings for CSA M-31. Upon adoption of the Final Annual Report by the Board of Supervisors, the charges contained herein will be collected on the property tax roll of Contra Costa County in the same manner, by the same persons, at the same time as, and together with the County's property taxes. Legal Authority As required by County Ordinance Section 1012-2.6, former County Service Area Law (California Government Code Section 25210.77a), and current County Service Area Law (California Government Code Section 24210.3, subd. (d)), the Tentative Annual Report includes the following minimum information as shown in the Service Charge Roll: 1. A description of each parcel of real property receiving the miscellaneous extended service; 2. The basic service charge; 3. The estimated amount of the service charge for each parcel for such year; and 4. A parcel list identifying each parcel receiving services that allows parcel owners to find their property on the list and determine the proposed charge. This annual report also includes an estimate of annual costs, the method of apportionment as additional information to allow the reader to better understand what services are being paid for, CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 4 - what is the total annual cost for the services provided, and how the cost of services are s pread to each individual parcel. ESTIMATE OF ANNUAL COST The Fiscal Year 2017-18 projected and Fiscal Year 2018-19 proposed revenues and expenditures are shown below. A special fund has been set up for the collection of revenues and expenditures for CSA M-31. The total cost to provide the TDM services can be recovered from the collection of these service charges. Incidental expenses including administration, engineering fees, legal fees, and all other costs associated with the TDM services may also be included. When CSA M-31 was formed for the ongoing funding of the Contra Costa Centre Transit Village's TDM Program, a financial analysis was performed to provide the framework for an operating budget for the proposed extended transportation demand management services. This was based on the estimated expenses for each TDM service program component (carpooling, vanpooling, ridesharing, flex time, staggered work hours, guaranteed ride home, telecommuting, etc.). Revenues collected from the benefit assessment or service charge shall be used only for the expenditures represented in this report. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year. CSA M-31 Pleasant Hill BART TDM FY 2017-18 FY 2018-19 Fund 247600 Org 7476 Projected Proposed Beginning Fund Balance $ 35,075.40 $ 36,024.14 Revenue: Taxes and Assessment 299,082.34 309,771.56 TOTAL CURRENT REVENUE $ 299,082.34 $ 309,771.56 Total Revenue + Carryover: $ 334,157.74 $ 345,795.70 Expenditures: Publications & Legal Notices 170.00 180.00 Contra Costa Centre TDM Program 295,000.00 298,000.00 Professional/Specialized Svcs (Non-County)500.00 3,000.00 Other Special Dept Expense 41,065.70 Overdraft - - Tax & Assessment Fees 263.60 300.00 County Counsel - 250.00 Public Works Labor 2,200.00 3,000.00 Total Expenditures 298,133.60$ 345,795.70$ FUND BALANCE AVAILABLE $ 36,024.14 $ - CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 5 - METHOD OF APPORTIONMENT Special vs. General Benefit On November 5, 1996, California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for fees, charges and benefit assessments. Proposition 218 procedures stipulate that even if charges or benefit assessments are initially exempt from Proposition 218, future increases in the charges or benefit assessments must comply with the provisions of Proposition 218. However, if the future increase in the charge or benefit assessment were anticipated in the charge or benefit assessment formula when approved by property owners (e.g., consumer price index increases or a predetermined cap) then the future increase in the charge or benefit assessment would be in compliance with the intent and provisions of Proposition 218. Proposition 218 provides that “only special benefits are assessable” and defines a special benefit as a particular and distinct benefit conferred on real property and not a general benefit received by the public at large. Parcels located within the boundaries of the CSA will be assessed for the operation and services associated with the TDM Program as described herein within the report, if they receive a special and direct benefit from the services. Furthermore, the identification and separation of general benefits from the special benefits follows for CSA M-31. Special benefits are conferred on property within the CSA from the TDM Program and associated services by enhancing the desirability of property within the CSA due to the additional methods of vehicular and pedestrian access available to property, by increasing access to transit related services, providing economic opportunities, driving community growth and revitalization, and by reducing levels of traffic congestion within the CSA. Properties outside of CSA M-31 do not enjoy the Transportation Demand Management Program and the associated services by the CSA and therefore property outside the boundaries of the CSA do not receive the special benefits. The services within the CSA was specifically designed and created to provide additional and improved public resources for the direct advantage of property inside the CSA, and not the public at large. The boundaries of the CSA have been narrowly drawn to include only those parcels that receive a direct advantage from the services. In addition to the special and direct benefits the property owners receive within the CSA from the services, it has been determined that no general benefits are associated with TDM services within CSA M-31 because the conferred special benefits that are provided to the assessed property are not provided to other parcels and which real property in general and the public at large do not share. The annual assessment pays for the TDM Program and associated services provided within CSA M-31. The enhanced public services provided within CSA M-31 confer a special benefit to property in the CSA. Transportation Demand Management services associated with CSA M-31 are only provided to parcels within the CSA and are not provided to the general public. Without the assessments, the parcels located in the unincorporated area would receive no Transportation Demand Management Program services. Therefore, the services provided in CSA M-31 are 100% special benefit to the parcels within the CSA. CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 6 - Methodology The total operation and maintenance costs for the extended public services are apportioned in accordance with the methodology that is consistent with standard practices. Developed Residential Property: Developed Residential Property consists of property which has had a residential building permit issued prior to April 30 and is classified by the County Assessor’s office as single-family residential, multi-family residential, apartment, condominium, townhome, townhouse, co-op, cluster home, or any other t ype of property which has been developed for residential use for which occupants live and occupy for extended periods of time. Developed Residential Property does not include hotel and motel use. Developed Commercial Property: Developed Commercial Property consists of property which has had a commercial building permit issued prior to April 30 and is classified by the County Assessor’s office as commercial property. Developed Commercial Property includes, but is not limited to, retail stores and shopping centers, office buildings, conference centers, hotels and motels, or any other type of property which has been developed for commercial use. Exempt Property: Exempt Property consists of property not classified as Developed Residential Property or Developed Commercial Property. However, Exempt Property does include property that has been previously classified as Developed Residential Property or Developed Commercial Property which has subsequently had the building structure located on the parcel demolished prior to April 30. This parcel would then remain as an Exempt Property until such time another building permit is issued prior to April 30 to reclassify the parcel as Developed Residential Property or Developed Commercial Property. Exempt Property also includes: parking lots, parking garages, roadways, open space and undeveloped property for which a building permit has not been issued prior to April 30. The methodology for calculating the service charge per parcel for the Services is explained below. Developed Residential Property - It is anticipated that not all of the TDM programs will be provided to the Developed Residential Property owners. The most viable programs to reduce the number of single occupied vehicular trips are the Shuttle Program in conjunction with the Marketing Program. The cost to provide these programs to the Developed Residential Property owners at build-out was estimated to be $28,386.36 per year (in FY 2007-08 dollars). Since each residential unit is similar in size and receives the same degree of benefit from the residential TDM programs, each residential unit is charged an equal share of the Residential TDM program costs. It is anticipated that there will be 522 residential units at build -out. Therefore, in Fiscal Year 2007-08 the maximum annual assessment was set at $54.38 per residential unit. Developed Commercial Property - It is anticipated that all TDM programs will be provided to the Developed Commercial Property owners. The cost to provide these TDM services to Developed Commercial Property owners at build-out was estimated to be $238,121.84 per year (in FY 2007-08 dollars). For Developed Commercial Property, the amount of building floor area directly correlates to the number of potential employees located on each parcel. These total floor area numbers are used to calculate the proportional special benefit received by each Developed Commercial Parcel within the District. Building floor area is defined by the gross square footage of the buildings exclusive of parking. The building square footage is shown on the Assessment List on the following page and serves as the basis for calculation of the annual assessments for Developed Commercial Property. It is anticipated that there will be 2,487,190 square feet of CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 7 - commercial development at build-out. Therefore, in Fiscal Year 2007-08 the maximum annual assessment rate per sq. ft. was set at $0.0957 per square foot. Assessment Rate The maximum assessment rates may be adjusted annually to reflect the prior year’s change in the Consumer Price Index (CPI) for All Urban Consumers for the Bay Area: San Francisco - Oakland-San Jose. The base CPI is June 2007 (216.123). Any change in the assessment rate, which is the result of the change in the CPI shall not be deemed an increase in the assessment subject to the requirements of Proposition 218. For Fiscal Year 2018-19 the allowed maximum rate is shown below and has been calculated as follows: The February 2018 CPI is 281.308; this is a 3.56% increase over the February 2017 CPI. Developed Residential $68.34/residential unit in Fiscal Year 2017-18 +3.56% CPI increase for FY 2018-19 = $70.78 Developed Commercial $0.1203/square foot in Fiscal Year 2017-18 +3.56% CPI increase for FY 2018-19 = $0.1246 In Fiscal Year 2018-19, it is recommended based upon projected expenditures, that the maximum rate of $70.78/residential unit and $0.1246/square foot be collected. It is estimated $309,771.56 in revenue will be needed to provide the services referenced above in Fiscal Year 2018-19. CSA M-31 Transportation Demand Management Final Annual Report Fiscal Year 2018-19 G:\spdist\Board Orders\2018\06-05-2018\CSAs\M-31\CSA_M-31_18-19_TAR.docx - 8 - SERVICE CHARGE ROLL A list, of those parcels to be charged for Fiscal Year 2018-19, including a description of each parcel to be charged is included below. FY18-19 Estimated FY 2018-19 FY 2018-19 Assessor FY18-19 Estimated Commercial Residential Commercial FY 2018-19 Parcel No.Residential Units Building Sq. Ft.Rate Rate Assessment Property Owner Name 148-202-057 0 51,000 $0.00 $0.1246 $6,354.60 WALNUT VIEW PROPERTIES 148-221-033 0 102,000 $0.00 $0.1246 $12,709.20 HOFMANN HOLDINGS LP 148-221-040 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-041 200 17,795 $70.78 $0.1246 $16,373.24 SAN FRANCISCO BART DISTRICT 148-221-042 185 17,795 $70.78 $0.1246 $15,311.54 SAN FRANCISCO BART DISTRICT 148-221-043 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-044 37 0 $70.78 $0.1246 $2,618.86 SAN FRANCISCO BART DISTRICT 148-221-045 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-046 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-047 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-048 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-049 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-221-050 0 0 $0.00 $0.1246 $0.00 SAN FRANCISCO BART DISTRICT 148-250-083 0 216,400 $0.00 $0.1246 $26,963.44 ASHFORD WALNUT CREEK LP 148-250-090 0 205,700 $0.00 $0.1246 $25,630.22 DWF V 2999 OAK LLC 148-250-091 0 0 $0.00 $0.1246 $0.00 DWF V 2999 OAK LLC 148-270-050 0 30,000 $0.00 $0.1246 $3,738.00 NOR CAL CO L P 148-470-001 0 375,000 $0.00 $0.1246 $46,725.00 MLM TREAT TOWERS PROPERTY LLC 148-470-002 0 0 $0.00 $0.1246 $0.00 MLM TREAT TOWERS PROPERTY LLC 148-480-010 0 0 $0.00 $0.1246 $0.00 PMI PLAZA LLC 148-480-011 0 195,000 $0.00 $0.1246 $24,297.00 PMI PLAZA LLC 148-480-014 0 255,218 $0.00 $0.1246 $31,800.16 CSAA INTER-INSURANCE BUREAU 172-011-022 0 253,500 $0.00 $0.1246 $31,586.10 CSHV PACIFIC PLAZA LLC 172-013-005 0 0 $0.00 $0.1246 $0.00 CSHV PACIFIC PLAZA LLC 172-020-042 0 125,000 $0.00 $0.1246 $15,575.00 PERA URBAN WEST CORP 172-020-046 0 0 $0.00 $0.1246 $0.00 WILSON SHIRLEY N TRE 172-020-047 0 200,000 $0.00 $0.1246 $24,920.00 WILSON SHIRLEY N TRE 172-031-022 0 80,000 $0.00 $0.1246 $9,968.00 JOHN MUIR MEDICAL CENTER 172-031-023 0 122,000 $0.00 $0.1246 $15,201.20 1450 TREAT BOULEVARD INC 172-031-024 0 0 $0.00 $0.1246 $0.00 1450 TREAT BOULEVARD INC 172-031-025 0 0 $0.00 $0.1246 $0.00 1450 TREAT BOULEVARD INC Total 422 2,246,408 $309,771.56 TABLE 1: FY 2018-19 Assessment List