HomeMy WebLinkAboutMINUTES - 07292014 - C.17RECOMMENDATION(S):
1. ACCEPT the filing of the Fiscal Year 2014-2015 Final Annual Report on assessment charges in County Service
Area (CSA) M-31 (“Final Annual Report”), a copy of which is attached.
2. ADOPT Resolution No. 2014/246, confirming the Final Annual Report and levying the assessment charges set
forth in the report.
3. DIRECT the Clerk of the Board to file certified copies of the Final Annual Report and Resolution No. 2014/246
with the County Auditor-Controller.
4. DIRECT the County Auditor-Controller to include the assessment charges on the assessment roll for Fiscal Year
2014-2015, the charge for each parcel to appear as a separate item on the tax bill, pursuant to County Ordinance Code
section 1012-2.614.
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.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/29/2014 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: July 29, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: L. Strobel, County Administrator , R. Campbell, Auditor-Controller , S. Anderson, County Counsel , G. Kramer, County Assessor , J. Francisco,
Francisco & Associates, Inc. , W. Lai, Assistant Public Works Director , J. Duffy, Special Districts
C. 17
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:July 29, 2014
Contra
Costa
County
Subject:ADOPT Resolution Confirming Fiscal Year 2014-2015 Final Annual Report for County Service Area M-31 and
Levying Charges Therein (Pleasant Hill area)
BACKGROUND:
On June 3, 2014, the Board of Supervisors conducted a public hearing and adopted Resolution No. 2014/174
confirming the Fiscal Year 2014-2015 Tentative Annual Report on proposed assessment charges for CSA M-31.
CSA M-31 provides transportation demand management services.
On July 1, 2014, the County Assessor released the official assessment roll for Contra Costa County for Fiscal
Year 2014-2015. Thereafter, pursuant to Section 1012-2.612 of the County Ordinance Code, the Public Works
Director directed staff to determine whether the Tentative Annual Report required revision in order to conform to
the official assessment roll. Any change to an estimated basic assessment charge or estimated assessment charge
in a Tentative Annual Report may be based only on changes in ownership, changes of address, the subdivision of
an existing parcel or changes in the class of use of a parcel. Upon review of the official assessment roll, staff
determined that no revisions were required. The Tentative Annual Report is the Final Annual Report.
The Board may confirm the Final Annual Report by resolution. Resolution No. 2014/246 serves to confirm the
Final Annual Report and constitutes the levy of the assessment charges for Fiscal Year 2014-2015.
CONSEQUENCE OF NEGATIVE ACTION:
If a resolution confirming the Fiscal Year 2014-2015 Final Annual Report is not adopted, assessment charges for
CSA M-31 would not be levied or collected in 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.
ATTACHMENTS
Resolution No. 2014/246
Final Annual Report
),1$/ ANNUAL REPORT
Fiscal Year 2014-2015
CONTRA COSTA COUNTY SERVICE AREA M-31
(Contra Costa Centre Transit Village)
Transportation Demand Management Services
JuO\ , 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 )LQDO Annual Report
Fiscal Year 2014-15
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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 )LQDO Annual Report
Fiscal Year 2014-15
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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 )LQDO Annual Report
Fiscal Year 2014-15
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• 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 )LQDO Annual Report
Fiscal Year 2014-15
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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 was filed with
the Clerk of the Board of Supervisors, public notice was done as required, and the Board
conducted a Public Hearing and then made a determination on each estimated service charge in
the tentative report. Contra Costa Board of Supervisors confirmed the Tentative Annual Report
in accordance with Resolution No. 2014/174, on June 3, 2014, and conducted 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 Final 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 )LQDO Annual Report
Fiscal Year 2014-15
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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 )LQDO Annual Report
Fiscal Year 2014-15
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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 )LQDO Annual Report
Fiscal Year 2014-15
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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 $62.56/residential unit and $0.1101/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.
CSA M-31 Transportation Demand Management )LQDO Annual Report
Fiscal Year 2014-15
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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