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HomeMy WebLinkAboutMINUTES - 06092009 - C.33RECOMMENDATION(S): ADOPT Resolution No. 2009/239 accepting the Fiscal Year 2009/2010 Annual Report for County Service Area M-31 (CSA M-31) and declaring the intent to collect the annual assessment. FIX a Public Hearing for June 23, 2009 at 9:30 a.m. in the Board of Supervisors’ Chambers, 651 Pine Street, Martinez, California to authorize the assessments be placed on the FY 2009/2010 property tax rolls. DIRECT the Clerk of the Board to publish a Notice of Filing of the Annual Report and fixing of a public hearing date thereon in accordance with Government Code Section 25210.7a (Government Code Section 6066) and County Ordinance Code Section 1012-2.608. FISCAL IMPACT: There is no fiscal impact to the County General Fund. All costs will be covered with revenue from County Service Area M-31 (100%). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/09/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Susan Cohen, 313-2160 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. ATTESTED: June 9, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C.33 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 9, 2009 Contra Costa County Subject:ADOPT Resolution NO. 2009/239 accepting the Fiscal Year 2009/2010 Annual Report for County Service Area M-31 Project No.:7476-6X5195 BACKGROUND: The proposed annual levy of assessments benefits all property owners within County Service Area M-31 (Contra Costa Centre Redevelopment Area) by providing transportation demand services (miscellaneous extended service) in accordance with Government Code Section 25210.7. In addition, the annual assessment rates for CSA M-31 are proposed to be increased based upon the prior year’s change in the Consumer Price Index for the San Francisco Bay Area – All Urban Consumers, therefore it is within the allowable maximum rate set when CSA M-31 was formed. Developed Residential Property will increase from $55.26 to $55.90 per Unit and Developed Commercial Property will increase from $0.0972 to $0.0984 per building floor area. Attachment A included with this Board Order includes the Annual Report as required by the Government Code. CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors, County Service Area M-31 would be unable to have the Fiscal Year 2009/2010 assessments collected by the County Tax Collector, and an alternate source of funding would have to be identified. ATTACHMENTS Resolution No. 2009/239 CSA M-31 FY 2009-2010 Annual Report ANNUAL REPORT Fiscal Year 2009-2010 CONTRA COSTA COUNTY SERVICE AREA M-31 (Contra Costa Centre Redevelopment Area) Transportation Demand Management Services Benefit Assessment District June 9, 2009 Board of Supervisors John Gioia, District 1 Gayle B. Uilkema, District 2 Mary Piepho, District 3 Susan Bonilla, District 4 Federal Glover, District 5 Prepared by Contra Costa County Public Works Department CSA M-31 TDM Annual Report Fiscal Year 2009-10 BACKGROUND N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 1 - BACKGROUND INFORMATION 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 Redevelopment Area. 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 transportation demand management services. These extended transportation services consist of the implementation of Transportation Demand Management 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 assessments on the parcels located within CSA M-31 to fund Transportation Demand Management programs. On July 10, 2002, LAFCO conducted a public hearing and subsequently approved Resolution 02-19 which formed CSA M-31. Each year since Fiscal Year 2002-03 assessments have been levied within CSA M-31. In Fiscal Year 2007-08, 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 Action 08-19 on August 13, 2008. The Engineer’s Report was modified to include the property in the annexation area. The Contra Costa Centre Redevelopment Area is a transit village in which residents and employees have 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 CEQA documents certified at the time of adoption and amendment of the Contra Costa Centre 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 CSA M-31 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 Association is the collective mechanism by which the developer/property owner’s obligation for TDM programs is undertaken. The Contra Costa Centre Association is a private non-profit corporation whose membership consists of the property owners in the area. The Contra Costa Centre Association has been in existence since the mid 1980s. CSA M-31 TDM Annual Report Fiscal Year 2009-10 BACKGROUND N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 2 - The following is a list of programs and services that have been proposed to be funded in FY 2009-10 by CSA M-31: 1) Transit Subsidy Program: Purchase a $48 value BART ticket for $45 and receive one BART ticket free. The purchaser must pledge to take BART to work a minimum of three days per week. a) Transit Subsidy Program No. 1: 110 participants for six months b) Transit Subsidy Program No. 2: 100 participants for four months 2) Carpool Incentive Program: Provide two Chevron gas cards per carpool per month for six months. a) 20 carpools for 6 months 3) Bus Subsidy Program: Receive a $53 value County Connection bus pass for six months. a) 10 participants for 6 months 4) Bike-to-Work Incentive Program: Bike to work at least three times per week for three months, a minimum of 12 times per month, and receive one free $48 value BART ticket. 5) Vanpool Program: Fuel for vanpools commuting to Contra Costa Centre is paid by the TDM Program. Additionally, TDM program pays $50 per month towards vehicle insurance due to $5,000,000 liability requirement by Contra Costa County. Van # 2 runs from Davis Street, Vacaville, to Oak Road, Walnut Creek, from 6:00 – 7:30 am. and from 3:30 – 4:30 pm. Van # 3 runs from Sonoma Blvd., Vallejo, to Oak Road, Walnut Creek, from 6:45 – 8:00 am. and from 5:00 – 6:00 pm. 6) Noontime Shuttle: The noontime shuttle runs from 10:30 am. – 2:10 pm, Monday through Friday, with stops at all Centre buildings and between the Contra Costa Centre and Countrywood Shopping Mall. 7) Intrago Light EV Rental System: The Contra Costa Centre provides employees with access to local vehicles (segways, electric bicycles, bicycles, electric scooters and NEV vehicles) to use through the Transit Village during the workday. Employees are able to check out vehicles electronically from a kiosk located at the Urban West and Pacific Plaza buildings. 8) Marketing Plan: The marketing plan develops newsletters, posters, brochures and promotional handouts and hosts 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 Transportation Demand Management 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 the Contra Costa County in consultation with the Contra Costa Centre Association or its successor. CSA M-31 TDM Annual Report Fiscal Year 2009-10 BACKGROUND N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 3 - CURRENT ANNUAL ADMINISTRATION As required by the County Service Area Law California Government Code Section 25210.77a(a), the Annual Report includes: (1) a description of each parcel of real property receiving the particular extended service, and (2) the amount of the assessment of each parcel for such year. The Contra Costa County Board of Supervisors will hold a Public Hearing on June 23, 2009, regarding the CSA M-31 which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the Board may adopt a resolution confirming the annual assessment as originally proposed or as modified. Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report. CSA M-31 TDM Annual Report Fiscal Year 2009-10 ANNUAL REPORT N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 4 - ANNUAL REPORT FOR CONTRA COSTA COUNTY SERVICE AREA M-31 CONTRA COSTA CENTRE REDEVELOPMENT AREA TRANSPORTATION DEMAND MANAGEMENT SERVICES BENEFIT ASSESSMENT FISCAL YEAR 2009/2010 Pursuant to the County Service Area Law (commencing with Section 25210 of the California Government), Proposition 218, and in accordance with the Resolution of Intention, being Resolution No. _________, accepting the Annual Report, adopted by Contra Costa County Board of Supervisors, June 9, 2009, and in connection with the proceedings for: CONTRA COSTA COUNTY SERVICE AREA M-31 CONTRA COSTA CENTRE REDEVELOPMENT AREA TRANSPORTATION DEMAND MANAGEMENT SERVICES BENEFIT ASSESSMENT Herein after referred to as the “CSA M-31", I, Warren Lai, the duly appointed ENGINEER OF WORK, submit herewith this "Report" consisting of three (3) parts as follows (as requested in Section 25210.77a (a) of the California Government Code): PART A: METHOD OF ASSESSMENT & ASSESSMENT LIST This part contains a description of each parcel of real property receiving TDM services from CSA M-31, the amount of assessment for each parcel for Fiscal Year 2009-10, calculated in conformity with the assessments methodology described herein. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements for Fiscal Year 2009-10, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto. PART C: CSA M-31 DIAGRAM This part incorporates a diagram showing the exterior boundaries and the lines and dimensions of each lot or parcel of land currently with CSA M-31. The lines and dimensions of each lot or parcel are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. CSA M-31 TDM Annual Report PART A Fiscal Year 2009-10 METHODOLOGY & ASSESSMENT LIST N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 5 - PART A METHOD OF ASSESSMENT & ASSESSMENT LIST Special and General Benefit 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. The Transportation Demand Management (TDM) services provided within CSA M-31 are deemed a special benefit and only serve the commercial and residential parcels located within the boundaries of the District. No TDM services will be provided to the general public. Therefore no general benefit subsidy is required, however, the County has, and may continue, to subsidize various TDM programs. Property Classification 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 type 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 had 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. Benefit Assessment Methodology 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. CSA M-31 TDM Annual Report PART A Fiscal Year 2009-10 METHODOLOGY & ASSESSMENT LIST N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 6 - 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 floor numbers are shown on the Assessment List on the following page and serve as the basis for calculation of the annual assessments for Developed Commercial Property. It is anticipated that there will be 2,487,190 sq. ft. of 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 sq. ft. ASSESSMENT RATES The maximum assessment rates established in Fiscal Year 2007-08 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 per square foot of Building Floor Area, 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 FY 2009-10 the most current CPI available is February 2009 (222.166), therefore the allowed maximum rates are as calculated follows: Developed Residential $54.38/residential unit FY 2007-08 + 1.61% increase for FY 2008-09 = $55.26 + 1.16% increase for FY 2009-10 = $55.90 Developed Commercial $0.0957/square foot FY 2007-08 + 1.61% increase for FY 2008-09 = $0.0972 + 1.16% increase for FY 2009-10 = $0.0984 New Development within the CSA If, prior to April 30 of each year, a new building permit is issued for any residential or commercial parcel within CSA M-31 it shall be classified as a Developed Residential Property or Developed Commercial Property respectively and assessed the ensuing fiscal year. All exempt properties will not be assessed. CSA M-31 TDM Annual Report PART A Fiscal Year 2009-10 METHODOLOGY & ASSESSMENT LIST N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 7 - Table No. 1 below shows a listing of those parcels to be assessed for Fiscal Year 2009-10. FY09-10 Estimated Assessor FY09-10 Estimated Commercial FY 2009-10 Parcel No. Residential Units Building Sq. Ft. Assessment Property Owner Name 148-202-057 0 51,000 $5,018.40 WALNUT VIEW PROPERTIES 148-221-033 0 102,000 $10,036.80 HOFMANN KENNETH H & MARTHA 148-250-083 0 216,400 $21,293.76 ASHFORD WALNUT CREEK LP 148-250-090 0 205,700 $20,240.88 WALNUT CREEK PROPERTIES INC 148-250-091 0 0 $0.00 WALNUT CREEK PROPERTIES INC 148-270-050 0 30,000 $2,952.00 TREAT PLAZA OFFICE LLC & II LLC 148-470-001 0 375,000 $36,900.00 CA-TREAT TOWERS LP 148-470-002 0 0 $0.00 CA-TREAT TOWERS LP 148-480-007 0 0 $0.00 SPK-OAK ROAD I 148-480-009 0 49,000 $4,821.60 SPK-OAK ROAD II 148-480-010 0 0 $0.00 PMI PLAZA LLC 148-480-011 0 195,000 $19,188.00 PMI PLAZA LLC 148-480-012 0 157,000 $15,448.80 SPK-OAK ROAD I 172-011-022 0 253,500 $24,944.40 CALIF STATE TEACHERS RETIR SYS 172-013-005 0 0 $0.00 CALIF STATE TEACHERS RETIR SYS 172-020-042 0 125,000 $12,300.00 PERA URBAN WEST CORP 172-020-046 0 0 $0.00 TONG JAMES & MEI FONG 172-020-047 0 200,000 $19,680.00 TONG JAMES & MEI FONG 172-031-022 0 80,000 $7,872.00 JOHN MUIR MEDICAL CENTER 172-031-023 0 122,000 $12,004.80 1450 TREAT BOULEVARD INC 172-031-024 0 0 $0.00 1450 TREAT BOULEVARD INC 172-031-025 0 0 $0.00 LORD VIRGINIA L SD05-8950, Lot No. 1 422 0 $23,589.80 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 2 0 35,590 $3,502.06 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 3 0 0 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 4 0 0 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 5 0 0 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 6 0 0 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 7 0 0 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 8 0 0 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950, Lot No. 9 0 0 $0.00 SAN FRANCISCO BART DISTRICT Total 422 2,197,190 $239,793.30 *The Assessor Parcel Numbers for SD05-8950 include 148-221-015, 034, 035, 036, 038 & 148-250-071 CPI is based upon All Urban Consumers San Francisco-Oakland Area CPI Info. Residential Commercial Date Actual CPI Increase Rate Rate June-07 216.123 $54.38 $0.0957 February-08 219.612 1.61% $55.26 $0.0972 February-09 222.166 1.16% $55.90 $0.0984 TABLE 1: FY 2009-10 Assessment List Levy Code: G1 Fund: 2476 Revenue: 9895 CSA M-31 TDM Annual Report PART B Fiscal Year 2009-10 ESTIMATE OF COST N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 8 - PART B ESTIMATE OF COST The FY 2008-09 projected and FY 2009-10 proposed revenues and expenditures are shown on the following page. 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 assessments. Incidental expenses including administration, engineering fees, legal fees and all other costs associated with the TDM services may also included. CSA M-31 TDM Annual Report PART B Fiscal Year 2009-10 ESTIMATE OF COST N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 9 - FY 2008-09 FY 2009-10 Projected Budgeted Revenue Sources Revenues Revenues Contra Costa Centre TDM Reserves $0 $0 CSA M-31 Fund Balance as of July 1 $61,267 $101,952 CSA M-31 Assessment Levy $210,107 $239,793 Contra Costa County Redevelopment Agency *$29,542 $19,000 Revenue Total $300,916 $360,745 FY 2008-09 FY 2009-10 Projected Budgeted Expenditures Expenditures Expenditures Core TDM Program Mid-Day Shuttle Program - Replacement Van Purchase, Tax & License $0 $0 - Marketing, Signage, Schedules $500 $0 - Shuttle Operations $42,000 $45,890 Transit Subsidy Program $20,000 $25,000 Carpool Incentive Program $12,000 $7,000 Vanpool Program $16,000 $2,500 Bus Subsidy Program $3,200 $2,250 Bike-to-Work Program $500 $450 Green Fleet Program $0 $66,475 Marketing $19,800 $20,270 Insurance $25,000 $27,000 Program Staff $23,819 $40,000 Contra Costa Centre Association Management $37,000 $37,000 Contingency $10,000 $9,250 Core TDM Program Subtotal $209,819 $283,085 Mobile Stations Program Video Surveillance Camera *$17,017 $0 Electrical Installation/Upgrades *$12,525 $0 Third Docking Station*$0 $19,000 Fourth Docking Station $0 $33,300 Capital Expense Subtotal $29,542 $52,300 Marketing Materials/Website $2,250 $0 Installation Logistics Coordinator $5,063 $0 Systems Management $16,875 $0 Contingencies $7,500 $0 Management Subtotal $31,688 $0 Site Construction & Retrofitting $3,600 $0 Insurance $7,500 $0 NEV Purchase $12,000 $0 Other Expenses Subtotal $23,100 $0 Mobile Stations Program Subtotal $84,330 $52,300 TDM Program Expenditure Total $294,149 $335,385 * = Redevelopment Agency Reimbursement TABLE 2: Transportation Demand Management Program FY 2008-09 Projected and FY 2009-10 Budgeted Revenues and Expenditures CSA M-31 TDM Annual Report PART C Fiscal Year 2009-10 CSA M-31 DIAGRAM N:\Contra\FY09-10\CSA M-31 PH BART\Eng Rept\M-31_09-10PER.doc - 10 - PART C CSA M-31 DIAGRAM The boundaries of CSA M-31 are completely within the boundaries of Contra Costa County. On the following page is a reduced map showing the boundaries of CSA M-31. The lines and dimensions of each lot or parcel are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.