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HomeMy WebLinkAboutMINUTES - 06032014 - D.5RECOMMENDATION(S): 1. RECEIVE staff report on the Fiscal Year 2014-2015 Tentative Annual Report on assessment charges in County Service Area (CSA) M-31, a copy of which is attached. 2. OPEN the public hearing on the Tentative Annual Report; RECEIVE and CONSIDER all written and oral objections or protests to the Tentative Annual Report; and CLOSE the public hearing. 3. CONSIDER whether to adopt, revise, change, reduce, increase, or modify any estimated assessment charge set forth in the Tentative Annual Report. 4. APPROVE the estimated assessment charges set forth in the Tentative Annual Report. 5. ADOPT Resolution No. 2014/174, confirming the Tentative Annual Report and assessing the charges set forth in the report. 6. DIRECT the Public Works Director, or designee, to prepare a Fiscal Year 2014-2015 Final Annual Report for CSA M-31 that conforms to the County’s official assessment roll for Fiscal Year 2014-2015. (County Service Area M-31 Funds) (District IV) Project No. 7476-6X5195. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Susan Cohen, 925-313-2160 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 3, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McAHuen, Deputy cc: L. Strobel, CAO, R. Campbel, Auditor-Controller, S. Anderson, County Counsel, G. Kramer, Assessor's Office, J. Francisco, Franciso & Associates, W. Lai, PWD, Engineering Services, W. Lai, PWD, Engineering Services, J. Duffy, PWD Special Districts D. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 3, 2014 Contra Costa County Subject:HEARING on Fiscal Year 2014-2015 Tentative Annual Report, County Service Area M-31; ADOPT Resolution Confirming Report & Assessing Charges FISCAL IMPACT: The levy of the annual assessment charges in CSA M-31 will provide revenues for transportation demand management services in CSA M-31. BACKGROUND: As directed by Article 1012-2.602 of the Contra Costa County Ordinance Code, the Public Works Director prepared a Fiscal Year 2014-2015 Tentative Annual Report on assessment charges in CSA M-31 and filed it with the Clerk of the Board of Supervisors. CSA M-31 provides transportation demand management services. The Tentative Annual Report contains a description of each parcel of real property receiving services, the basic assessment charge for CSA M-31 and the estimated amount of the assessment charge for each parcel for the fiscal year. Upon the filing of the Tentative Annual Report, the Clerk of the Board of Supervisors fixed a time, date and place for a Board hearing on the Tentative Annual Report and for filing objections or protests thereto, and published a notice of the hearing as provided in Government Code section 6066. Following the public hearing, the Board may adopt, revise, change, reduce, increase or modify any estimated assessment charges, and shall make its determination upon each estimated assessment charge as described in the Tentative Annual Report. The assessment charges in the Tentative Annual Report were computed and apportioned according to a formula that fairly distributes the assessment charge among all subject parcels in proportion to the estimated benefits they will receive from the services provided. Staff recommends approval of the assessment charges in the Tentative Annual Report without modification. The assessment charges in the Tentative Annual Report are higher than the charges levied in Fiscal Year 2013-2014 because they incorporate an automatic adjustment approved by the parcel owners in CSA M-31 in 2002. The adjustment provision allowed for an increase each year based upon the All Urban Consumers for the Bay Area: San Francisco-Oakland-San Jose Price Index. The Board approved this provision in 2002. Adoption of Resolution 2014/174 confirms the Tentative Annual Report and assesses the charges set forth therein, but does not levy the charges. The levy of the assessment charges occurs after the preparation of a Final Annual Report that conforms to the official assessment roll for Fiscal Year 2014-2015. The official assessment roll will be issued by the County Assessor on or about July 1, 2014. CONSEQUENCE OF NEGATIVE ACTION: If the Fiscal Year 2014-2015 Tentative Annual Report for CSA M-31 is not confirmed, either as filed or as modified, the assessment charges set forth in the Tentative Annual Report may not be levied for Fiscal Year 2014-2015. Therefore, the District would be unable to provide transportation demand management services and an alternate source of funding would have to be identified. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM CLOSED the public hearing; APPROVED the estimated assessment charges set forth in the Tentative Annual Report; ADOPTED Resolution No. 2014/174, confirming the Tentative Annual Report and assessing the charges set forth in the report; and DIRECTED the Public Works Director, or designee, to prepare a Fiscal Year 2014-2015 Final Annual Report for CSA M-31 that conforms to the County’s official assessment roll for Fiscal Year 2014-2015. ATTACHMENTS Resolution No. 2014/174 Annual Report TENTATIVE ANNUAL REPORT Fiscal Year 2014-2015 CONTRA COSTA COUNTY SERVICE AREA M-31 (Contra Costa Centre Transit Village) Transportation Demand Management Services June 3, 2014 Board of Supervisors John Gioia, District 1 Candace Andersen, District 2 Mary Piepho, District 3 Karen Mitchoff, District 4 Federal Glover, District 5 Prepared by Contra Costa County Public Works Department CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 2 - 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 redeveloping. As part of this process the new development would create a need for 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 to 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 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 undertaken. The Contra Costa Centre Transit Village Association is a private non-profit corporation whose membership consists of the property owners in the area. The Contra Costa Centre Transit Village Association has been in existence since the mid-1980s. CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 3 - 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 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 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 benefit 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 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 2014-15 by CSA M-31: 1) Transit Subsidy Program: Purchase a $48 value BART ticket for $25. The purchaser must pledge to take BART to work a minimum of three days per week. • 125 participants for ten months 2) Carpool Incentive Program: Provide $40 Chevron gas cards per carpool per month for ten months. • 30 carpools for ten months 3) Bus Subsidy Program: Receive a $60 value County Connection bus pass or reimbursement of other transit bus pass for $30. • 30 participants for ten months 4) Bike/Walk to Work Incentive Program: Bike or walk to work at least three times per week for two months, a minimum of 12 times per month, and receive $30 on a clipper card. • 10 participants 5) Vanpool Program: Two existing vanpools run from Contra Costa Centre Transit Village. They each receive $50 per month for nine months. The program allows for the addition of another vanpool that requires a month-to-month lease signed by the employee, lease and gas paid by the vanpool, and after 2 months, Contra Costa Centre Transit Village Association will subsidize $100 per month for ten months. CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 4 - • 2 existing vanpools for ten months at $50 per month • 1 new vanpool for ten months at $100 per month 6) 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 way 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. The employee can use this program six times per year or up to $599.00 per year. 7) Mid-Day 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. 8) Green Fleet Program: The Contra Costa Centre Transit Village (CCCTV) provides employees with access to local vehicles (e.g. Segways, bicycles, electric bicycles, Smart Cars and Nissan Leafs) to use through the Contra Costa Centre Transit Village and vicinity during the workday. Employees are able to check-out vehicles online or electronically at various kiosk locations. Green Fleet program is free to CCCTV employees. 9) Marketing Plan: Contra Costa Centre Transit Village markets the program through newsletters, posters, brochures and promotional handouts. Additionally, they meet with employers and employees directly, 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 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 Contra Costa County in consultation with the Contra Costa Centre Transit Village Association or its successor. CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 5 - 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 done 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. 2014/***, on June 3, 2014, 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 a 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 the following additional information to allow the reader to better understand what services are being paid for, what is the total annual cost for the services provided, and how the cost of services are spread to each individual parcel. Those are: 1. Estimate of Annual Cost; and 2. Method of Apportionment. CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 6 - ESTIMATE OF ANNUAL COST The Fiscal Year 2013-14 projected and Fiscal Year 2014-15 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 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 Transportation Demand Management 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 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 7 - 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. These new 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 increase in the charge or benefit assessment were anticipated in the charge or benefit assessment formula (e.g., consumer price index increase or a predetermined cap) then the 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. The extended public services provided within CSA M-31 are deemed a special benefit and only serve the parcels located within the boundaries of the District, no TDM services will be provided to the general public. Without the services, the parcels located in the unincorporated area would receive no TDM services. Therefore the services in CSA M-31 are 100% special benefit to the parcels within the CSA. 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 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. The methodology for calculating the service charge per parcel for the Services is explained below. CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 8 - 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 floor numbers are shown on the Assessment List on the following pages 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 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 2014-15 the allowed maximum rate is shown below and has been calculated as follows: The February 2014 CPI is 248.615; this is a 2.45% increase over the February 2013 CPI. Developed Residential $61.07/residential unit in Fiscal Year 2013-14 +2.45% CPI increase for FY 2014-15 = $62.56 Developed Commercial $0.1075/square foot in Fiscal Year 2013-14 +2.45% CPI increase for FY 2014-15 = $0.1101 In Fiscal Year 2014-15, it is recommended based upon projected expenditures, that the maximum rate of $61.07/residential unit and $0.1075/square foot be collected. It is estimated $273,730 in revenue will be needed to provide the services referenced above in Fiscal Year 2014-15. There are 422 developed residential units that have had a building permit issued, and 2,246,408 square feet of developed commercial properties. If you divide $273,730 by 422 developed residential units and 2,246,408 developed commercial square feet, the service charge is $61.07/developed residential unit and $0.1075/developed commercial square foot. CSA M-31 Transportation Demand Management Tentative Annual Report Fiscal Year 2014-15 G:\spdist\Board Orders\2014\6-3-14\CSAs\M-31\Annual Report\CSAM-31_14-15AR.docx - 9 - SERVICE CHARGE ROLL A list, which shows a listing of those parcels to be charged for Fiscal Year 2014-15, including a description of each parcel to be charged is included below. FY14-15 Estimated FY 2014-15 FY 2014-15 Assessor FY14-15 Estimated Commercial Residential Commercial FY 2014-15 Parcel No.Residential Units Building Sq. Ft.Rate Rate Assessment Property Owner Name 148-202-057 0 51,000 $0.00 $0.1101 $5,615.10 WALNUT VIEW PROPERTIES 148-221-033 0 102,000 $0.00 $0.1101 $11,230.20 HOFMANN HOLDINGS LP 148-221-040 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-041 200 17,795 $62.56 $0.1101 $14,471.22 SAN FRANCISCO BART DISTRICT 148-221-042 185 17,795 $62.56 $0.1101 $13,532.82 SAN FRANCISCO BART DISTRICT 148-221-043 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-044 37 0 $62.56 $0.0000 $2,314.72 SAN FRANCISCO BART DISTRICT 148-221-045 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-046 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-047 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-048 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-049 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-221-050 0 0 $0.00 $0.1101 $0.00 SAN FRANCISCO BART DISTRICT 148-250-083 0 216,400 $0.00 $0.1101 $23,825.64 ASHFORD WALNUT CREEK LP 148-250-090 0 205,700 $0.00 $0.1101 $22,647.56 SVF OAK ROAD WALNUT CREEK CORP 148-250-091 0 0 $0.00 $0.1101 $0.00 SVF OAK ROAD WLANUT CREEK CORP 148-270-050 0 30,000 $0.00 $0.1101 $3,303.00 NOR CAL CO L P 148-470-001 0 375,000 $0.00 $0.1101 $41,287.50 METROPOLITAN LIFE INSURANCE CO 148-470-002 0 0 $0.00 $0.1101 $0.00 METROPOLITAN LIFE INSURANCE CO 148-480-010 0 0 $0.00 $0.1101 $0.00 PMI PLAZA LLC 148-480-011 0 195,000 $0.00 $0.1101 $21,469.50 PMI PLAZA LLC 148-480-014 0 255,218 $0.00 $0.1101 $28,099.50 CSAA INTER-INSURANCE BUREAU 172-011-022 0 253,500 $0.00 $0.1101 $27,910.34 CALIF STATE TEACHERS RETIR SYS 172-013-005 0 0 $0.00 $0.1101 $0.00 CALIF STATE TEACHERS RETIR SYS 172-020-042 0 125,000 $0.00 $0.1101 $13,762.50 PERA URBAN WEST CORP 172-020-046 0 0 $0.00 $0.1101 $0.00 WILSON SHIRLEY N TRE 172-020-047 0 200,000 $0.00 $0.1101 $22,020.00 WILSON SHIRLEY N TRE 172-031-022 0 80,000 $0.00 $0.1101 $8,808.00 JOHN MUIR MEDICAL CENTER 172-031-023 0 122,000 $0.00 $0.1101 $13,432.20 1450 TREAT BOULEVARD INC 172-031-024 0 0 $0.00 $0.1101 $0.00 1450 TREAT BOULEVARD INC 172-031-025 0 0 $0.00 $0.1101 $0.00 1450 TREAT BOULEVARD INC Total 422 2,246,408 $273,729.80 FY 2014-15 Assessment List