HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-257 TRE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 23,2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and. Gioia
NOES: None
ABSENT: None RESOLUTION NO. 2002/ 2 5 7
SUBJECT: Ordering approval of the Pleasant Hill BART Station Area Reorganization(LAFC 2002/191)
Acting as Conduction Authority under the Cortese-Knox Act Local Government Reorganization Act of 1985
(Government Code sections 5600 et seq.) (Cortese-Knox Act), the Board of Supervisors of Contra Costa
County(Board) finds, resolves and orders that:
1. This action is being taken pursuant to the Cortese-Knox Act.
2. On November 8, 2001, the Contra Costa Centre Association Board of Directors voted
unanimously to request the County Board of Supervisors to initiate the process to form a County
Service Area (CSA) for the ongoing funding of Contra Costa Centre's Transportation Demand
Management (TDM) program. On March 26, 2002, the Board of Supervisors approved
Resolution No. 2002/191, Resolution of Application requesting the Local Agency Formation
Commission (LAFCO) consider the formation of CSA M-31 Pleasant Hill BART Station Area
for TDM services.
3. On May 8, 2002 the LAFCO of Contra Costa County will consider approval of Resolution No.
2002/ forming CSA M-31, establishing a Sphere of Influence for CSA M-31.
4. The boundaries of CSA M-31 and its Sphere of Influence, the areas of annexation from the
Pleasant Hill BART Station Area and the Pleasant Hill BART Station Area's Sphere of Influence
are described in Exhibit A hereto.
5. The formation of CSA M-31 and the establishment of a Sphere of Influence for CSA M-31 are
subject to the conditions that are subject to the property tax exchange provisions of Government
Code Section 56842.
6. The formation of CSA M-31 and the establishment of a Sphere of Influence for CSA M-31 will
implement the principles for appropriate continuation of the TDM program. The formation of
CSA M-31 and the establishment of a Sphere of Influence for CSA M-31 will also enable the
County, without extra cost to the County General Fund and the taxpayers outside of the project
to provide and finance extended public serviced to the property owners in the project.
SE:sr I hereby certify that this is a true and correct copy of an action taken and
G:\GtpData\SpDist\13oard Orders\2002\04 April\04-2342 HO Pleasant Hill BART.doc entered on the minutes of the Board of Supervisors on the date shown.
Orig.Dept. Public Works Department(Special Distracts)
cc: Skip Epperly(925)313-2253 ATTESTED: APRIL 2 21702
County Administrator JOHN
EN,Clerk of the Board of Supervisors and CountyCounty Counsel Administrator
Auditor-Controller
County Assessor
Jim Kennedy,Community Development Dept By _ Deputy
Contra Costa Centre
J.Rushton,Sp.Dist.
RESOLUTION NO.2002/ 257
SUBJECT: Ordering approval of the Pleasant Hill BART Station Area Reorganization(LAFC 20021191)
DATE: April 23, 2002
PAGE: 2
7. The regular County assessment rolls will be utilized.
8. The formation of CSA M-31 is exempt from the provisions of the California Environmental
Quality Act(CEQA).
9. LAFCO has authorized this Board to approve the boundary reorganization without notice and
hearing and without an election.
10. The Board approves the boundary reorganization.
RESOLUTION NO.2oo2/ 2 5 7
Exhibit A
ENGINEER'S REPORT, ASSESSMENT DIAGRAM AND
METES AND BOUNDS DESCRIPTION OF
Centra Costa County Service Area M-31
Pleasant Mill BART Station Area
(SEE ATTACHMENTS)
Exhibit B
PUBLIC NOTICE
(SEE ATTACHMENT)
PUBLIC NOTICE
Important Information about the Contra Costa County CSA M-31 Pleasant Hill
BART Transportation Demand Management Assessment District
Why Did You Receive the Enclosed Ballot?
The passage of Proposition 218 in November 1996 requires a vote of the property owners on any new or
increased assessments that are used to pay for the cost of improvements associated with the proposed Pleasant
Hill BART Transportation Demand Management Assessment District.
How Much Is The Assessment?
The assessment is based on the building floor area of the property. The annual assessment for your property is
shown on the enclosed ballot. The total amount raised by the assessment is$185,000.
Why Should I vote?
Your vote will decide if the District's assessment will be levied. Your vote on this matter is important because
only returned ballots will be counted.
Will This Assessment Increase in the Future?
The District proposes an annual increase in assessments as needed not to exceed the CPI increase for all
residents for the Bay Area. This will allow the District to fund improvements and maintain costs within the
limits of the cost of living. The assessment cannot be increased any further than the CPI each year without
another election of the affected property owners.
How was my Assessment Calculated?
The total cost of the improvements that would be funded by the assessments is allocated to each property based
on estimated special benefit received. The method of benefit allocation is based on the relative benefit to a
property based on building floor area.
An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available
for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, Martinez, CA 94553-
4897. For your convenience a copy was also included with this notice.
What Does the Assessment Fund?
The following is a proposed list of programs and services to be funded by the District in the ensuing fiscal year:
• Transit Subsidy Program
• Shuttle Operations
• Shuttle Vehicle Replacement
• Bike station/Worksite Bike Parking Program/Pathfinder System
• Vanpool Operations
The services listed may be amended annually, including the addition or deletion of services as required to meet
the 30% TDM performance goal as determined by the Contra Costa County in consultation with the Contra
Costa Centre or its successor.
Pagel of 2
Method of Voting
Vote by completing the enclosed blue ballot. Completed ballots should be sealed in the postage-paid envelope
provided and mailed or delivered in person to the Contra Costa County Elections Department, 524 Main Street,
Martinez, CA 94553. If you choose to return your completed ballot by mail,be sure to allow sufficient time for
mail delivery. To be counted,your ballot must reach the Election Department no later than 5:00 p.m. on
June 10,2002. Ballots received after that time by the Elections Department will not be counted.
As an alternative, completed ballots may be delivered in person at the public hearing, which will beheld at the
time, date and place specified below. IF you choose to deliver your completed ballot at the public hearing, be
sure that is received before the close of the hearing. Otherwise, it will not be counted.
Ballots are weighted by the amount of the assessment that would be paid. If a majority of the returned ballots,
weighted by their assessment amount, are opposed to the assessment, the assessment will not be imposed for
fiscal year 2002-03.
Ballot Procedures
The enclosed ballot is for the sole use of the property owner(s) of the parcel identified on the enclosed ballot,
which is located within the Contra Costa County CSA M-31 Pleasant Hill BART Transportation Demand
Management Services Assessment District. The ballot may be used to express either support for or opposition
to the assessment to proved funds for transportation demand management services. IN order to be counted, this
ballot must be signed in the space provided by an owner or, if the owner is a partnership or a corporation, by an
authorized representative of the owner. Those executing this ballot on behalf of a corporation,partnership, trust
or other entity must also indicate title or office below the identification of the property owner (e.g. Trustee,
President, General Partner, etc.) If the property is owned jointly(i.e. Tenants in common,joint tenants) one or
both property owners may sign the ballot. There is only one ballot for each property even though the property
may have more than one owner. If bother owners of the property vote the same, the ballot counts as one vote.
If both owners vote differently, one in support and one opposed, then the votes cancel each other out the ballot
will have"zero"vote.
More Inform adonlPublic Input
Your input is very important to the District. You are invited to attend the Public Meeting and/or the Public
Hearing. At these meetings you will hear more information about the assessment and will have the opportunity
to ask questions and to give input.
Public Hearing
This hearing will be held on June 11, 2002 at 2:00 p.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street, Martinez, CA 94553. Results of the returned ballots will be
announced after the close of the public testimony portion of this meeting. At his hearing, the Board will take
final public testimony and take action on whether or not to levy the assessments based upon the testimony and
ballots received.
For more information,call the Contra Costa County Assessment Information Line at(925) 313-7500.
Page 2 of 2
NOTICE IS HEREBY GIVEN that:
On March 26, 2002, the Board of Supervisors adopted Resolution No. 2002/191
requesting the formation of County Service Area M-31 (Pleasant Hill Bart Station Area) ("CSA
M-31"). The types of services to be funded and/or provided by the CSA(the"services")include:
transportation demand management (TDM) programs including carpooling, vanpooling,
ridesharing; flextime, staggered work hours, guaranteed ride home, telecommuting, walking and
biking.
On April 23, 2002 the Board of Supervisors adopted Resolution No. setting a
public hearing to consider adopting a benefit assessment for CSA M-31. The benefit assessment
will be used to finance the Services. The estimated total amount chargeable to the entire district
is provided in the "Engineer's Report for Contra Costa County Service Area M-31" (the
"Engineer's Report") attached to this notice as Exhibit A. The amount that will be chargeable to
the individual parcels that will be subdivided from the existing parcels you own is provided in
Section 6 of the Engineer's Report. The basis upon which the benefit assessment was calculated
is provided in Sections 6, 7 and 8 of the Engineer's Report. The benefit assessment may continue
to be levied in perpetuity. The benefit assessment shall be adjusted annually to reflect the
percentage change in Consumer Price Index. The Consumer Price Index as described in the
Engineer's Report.
The board of Supervisors will conduct a public hearing (the"Hearing") on Tuesday, June
11, 2002 at 2:00 p.m. in Room 107 of the Board of Supervisors' Chambers , 651 Pine Street,
Martinez, California 94533, to tabulate ballots and hear any protests on the proposed benefit
assessment.
Procedures for returning�and tabulating the ballots_: A ballot is attached to this notice.
Copies of this notice, the ballot and the Engineer's Report have been sent to each of the owners
of property that will be subject to the benefit assessment. The ballot may be completed and
mailed to the Public Works Director of Contra Costa County("the Public Works Director'), 255
Glacier Drive, Martinez, California 94533. The ballot must be received by the Public Works
Director no later than 5:00 p.m. Thursday, May 16, 2002 to be considered at the Hearing. At the
Hearing, the Public Works Director will deliver the ballots it receives to the Board of
Supervisors. The Board of Supervisors will not impose the benefit assessment if there is a
majority protest. A majority protest exists if, upon the conclusion of the Hearing, ballots
submitted in opposition to the benefit assessment exceed the ballots submitted in favor of the
benefit assessment. In tabulating the ballots, the ballots will be weighted according to the
proportional financial obligation of the affected property.
Inquiries regarding the benefit assessment may be made to:
Contra Costa County Public Works Department
Skip Epperly,Special Districts Coordinator
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 331-2253
Exhibit A
ENGINEER'S REPORT, ASSESSMENT DIAGRAM AND
METES AND BOUNDS DESCRIPTION OF
Contra Costa County Service Area M-31
Pleasant Hill BART Station Area
(SEE ATTACHMENTS)
Engineer's Report for Contra Costa County Service Area M-31
Pleasant Will BART Station
Transportation Demand Management Assessment District
March 26, 7002
Preliminary
ENGINEER'S REPORT
FOR CONTRA COSTA COUNTY SERVICE AREA M-31
PLEASANT HILL BART STATION AREA
TRANSPORTATION DEMAND MANAGEMENT SERVICES
BENEFIT ASSESSMENT
March 28, 2002
Prepared by:
Berryman & Henigar, Inc.
6150 Stoneridge Mall Road, Suite 370
Pleasanton, CA 94583
(925) 468-7400
Engineer's Report for Contra Costa County Service Area M-31
Pleasant Hill BART Station
Transportation Demand Management Assessment District
March 26, 2002
Background and Project Plans
The Pleasant Hill BART Station Area is a transit village in which residents and workers have a variety of
travel mode options. A core element of the travel mode options for employees, and a key traffic
mitigation measure in the CEQA documents certified at the time of adoption and amendment of the
Pleasant Hill BART specific Plan, was the establishment of a transportation demand management (TDM)
program. TDM includes carpooling, vanpooling, ridesharing; flex time, staggered work hours, guaranteed
ride home, telecommuting, etc The commercial property owners in the area collectively have 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 is the collective mechanism by which the developer/property owner obligation
for TDM programs is undertaken. The Contra Costa Centre Association is a private non-profit corporation
who's membership is the commercial property owners in the area. The Centre Association has been in
existence since the mid 1980s.
Contra Costa Centre's TDM Program has been in operation since its formation, the program was initially
funded through an assessment district proceeding. Those funds are now depleted, and an on-going
source of revenue to fund the TDM Programs is needed.
The following is a proposed list of programs and services to be funded by the District in the ensuing fiscal
year:
Transit Subsidy Program: a $15.00 per month for a six-month period subsidy for 100 commuters from the
Eastern Contra Costa County area an opportunity to receive a subsidy toward the cost of their commute.
Shuttle Operations: the purchase of a new ADA compliant vehicle for use as a mid-day shuttle to the
Countrywood Shopping Center.
Shuttle Vehicle Replacement: The TDM program plans on selling the existing van and replacing it with an
ADA compliant vehicle.
BikestationNVorksite Bike Parking Program/Pathfinder System
Vanpool Operations: The TDM program plans on selling the vehicles currently used for commute
operation and convert the drivers and passengers to leased vehicles. Fuel, cleaning and driver medical
exams will continue to be funded, as well as, additional insurance costs over the lease agreement
The services listed may be amended annually, including the addition or deletion of services as required to
meet the 30% TDM performance goal as determined by the Contra Costa County in consultation with the
Contra Costa Centre or its successor.
This Engineer's Report provides the justification for the proposed benefit assessment for County Service
Area M-31, Pleasant Hill BART Station Transportation Demand Management Assessment District. It has
been prepared by a registered professional engineer certified by the State of California. This Engineer's
Report complies with the requirements of the California Constitution Article XIII) ("Proposition 218");
Government Code section 25210.77a; and Contra Costa County Code Article 1012-2.6.
Engineer's Report for Contra Costa County Service Area M-31
Pleasant Hill BART Station
Transportation Demand Management Assessment District
March 26, 2002
Proposed Fiscal Year 2002-2003 Budget
Operating Expenses
Personnel $ 33,500.00
Overhead $ 20,000.00
Marketing $ 10,000.00
Transit Subsidy Program $ 20,000.00
Shuttle Operations $ 30,000.00
Shuttle Vehicle Replacement $ 40,000.00
Vanpool Operations $ 45,000.00
Financial Services $ _ 1,500.00
Total Operating Expenses $ 200,000.00
Reserve Fund $ 10.000.00
Total Expenses: $ 210,000.00
County Contribution $ (25,000.00)
Total to be funded through assessments: $ 185,000.00
Special and General Benefit
Proposition 218 provides that "only special benefits are assessable" and defines a special benefit as a
particular benefit conferred on real property, not a general benefit to the public or a general increase in
property values. The services to be provided within the assessment district are deemed as special
benefit and serve only the parcels in the District.
Assessment Methodology
Proposition 218 requires that property owners be charged only their proportional share based on benefit
of the total cost of services. The 25 parcels comprising the District are all designated commercial land
uses. Since employees are the end users of the services the benefit derived from the services is directly
related to the number of employees, which can be attributed to each parcel, it was determined that
building floor area directly correlates to the number of employees attributed to a given parcel. Total
building floor area numbers were used to calculate the proportional benefit received by each parcel in the
District. Building Floor Area is defined as the gross square footage of the building exclusive of parking.
The Building Floor Area as shown in Exhibit B shall serve as the bases for the calculation of the
assessment to be levied upon each parcel. The Building Floor Area shown shall be updated annually
based upon Building Permits issued as of April 30tH
As additional building permits are issued or as parcels are annexed into the District; the District will
annually on or before June 1st reapportion the costs of services accordingly to the additional parcels.
Accordingly if a building or a portion of a building is demolished the costs of services will be reapportioned
to the remaining parcels based on building square footage within the limits allowed under Proposition 218
which prohibits an Increase in the assessment rate without the approval of a majority of the property
owners. If demolition occurs for reasons of rebuilding it is expected a new permit will be issued with
revised building square footage numbers and the affected parcel will be assessed accordingly based on
the building square footage listed on the new building permit.
Each parcel In the District will be assessed $.08341 per building square foot per year beginning in fiscal
year 2002-2003. The assessment may be adjusted annually to reflect the change in Consumer Price
Index (CPI) for All Urban Consumers for the Bay Area: San Francisco, Oakland and San Jose, CA from
the previous year. Any change in the assessment rate per square foot of Building Floor Area, which is
the result of a change in the CPI,shall not be deemed to be an increase in the assessment subject to the
Engineer's Report for Contra Costa County Service Area M-31
Pleasant Hill BART Station
Transportation Demand Management Assessment District
March 26, 2002
requirements of proposition 218. The annual increase shall be based upon the percent change for the
two (2) most recent years as reported by the U.S. department of Labor, Bureau of Labor Statistics.
In conclusion, it is my opinion that the assessments for the referenced Assessment District have been
spread in direct accordance with the estimated special benefits that each parcel receives from the
improvements.
Dated: , 2002
BERRYMAN & HENIGAR
K. DENNIS KLINGELHOFER, P.E.
R.C.E. No. 50255
Assessment Roll
02103 Budget $185,000.00
Current per Sq. Ft. $ 0.08558
APN Property Owner Building Floor Proposed FY02-03 Percent
Area Sq. Ft. Assessment of Total
172-031-023 Bank Of the West 122,000 $10,441.34 6%
172-031-024 0 $0.00 00%
172-031-025 0 $0.00 0%
172-011-022 Cornerstone Financial 253,500 $21,685.73 12%
172-013-005 0 $0.t30 60%
148-221-033 Century Management Co. 102,006 $8,729.64 51%
1413-270-050 American Assets 30,000 $2,567.54' 1%
172-031-022 John Mu'kf t. biabio 80,000 $6,846.78 4°I°
172-031-014 .. .. ... ........ 0 $0.00 0%
148450-084 J.P. Morgan 205,700 $17,604.78 10%
i 48-250-085 0 $0.00 0%
148-250-083 MeriStar 216,400 $18,520.54 10%
172-620-042 ,Jones Lang LaSalle 125,000 $10,608.09 6°I°
172-020-043 Leisure Sports, ino. 200,000 $1 11 7,116.95 9%
172-020 044 0 $0.00 0%
172-020-045 6 $0.00 6%
172-020-046 0 $0.00 0%
148-480-011 Metropolitan Life ins. Co. 195,000 $i 6,689.03 9%
148-480-009 Equity Office Properiies 49,000 $4,193.65 2%
i48' -46b-'0i6 0 . $0.00 0%
148-480-008 Equity Office Properties 157,000 $13,436.81 7°l°
148-460-007 0 $0.00 0%
148-470-001 Equity Office Propertles 375,000 $32 094.28 17I°
i48-470-002 . ... ...6 . .. $0.00 0%
i48-202-057 Thomas Properties 51,000 $4,364.82 21°
Current Sq Ft 2,161,600 $ 185,000.00
.Source: building Floor Area suppiied by the Contra Costa Centre anti Contra Costa County.
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Engineer's Report for Contra Costa County Service Area M-31
Pleasant Hill BART Station
Transportation Demand Management Assessment District
March 26, 2002
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EXHIBIT C
ASSESSMENT BALLOT
Property Description: Assessor's Parcel Number 172-431-023
Record Owner: Union Bank
Address. 1450 Treat Blvd.
Walnut Creed, CA 94596-2168
"Yes, I approve of the proposed annual benefit assessment described in the
attached Notice on the property described by the parcel numbers identified in
this ballot.
No, I do not approve of the proposed annual benefit assessment described in
the attached Notice on the property described by the parcel numbers identified
in this ballot.
Signature of Record Owner or Authorized
Representative of the above-identified parcels.
Mail or deliver completed ballots to:
Public Works Director
Contra Costa County Department of Public Works
255 Glacier Drive
Martinez, CA 94553
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 23, 2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None RESOLUTION NO. 2002/ 2 5 6
SUBJECT: ADOPT Resolution No. 2002/ accepting the engineer's report and fixing June 11, 2002 at 9:30
a.m. for a public to consider establishing a Sphere of Influence and benefit assessment for
County Service Area M-31, Pleasant Hill area.
The Board of Supervisors of Contra Costa FINDS THAT:
1. On March 26, 2002, the Board adopted Resolution No. 2002/191 approving the application to
Local Area Formation Commission(LAFCO) for formation of County Service Area M-31 (CSA
M-31).
2. The property within CSA M-31 will receive a special benefit over and above that received by the
general public in the form of the following types of services (the Services): Transportation
Demand Management (TDM) Program. The Services are "miscellaneous extended services" as
defined in Government Code section 25210.4a. These Services, in particular, are set forth in the
Plan for Providing Services for this service area, which was considered with the formation of
CSA M-31 and is on file with the LAFCO of Contra Costa County.
3. A copy of the "Engineer's Report for Contra Costa County Service Area M-31" (the Engineer's
Report), prepared pursuant to Article XIII D of the California Constitution, Government Code
section 25210.77a and Contra Costa County Code Article 1012-2.6 is attached as Exhibit A. The
Engineer's Report has been filed with the Clerk of the Board of Supervisors. The Engineer's
Report includes: (a) a description of the planned development in CSA M-31; (b) a description of
the special benefits that will be conferred by the Services separated from general benefits
conferred on property located in the County at large; (c) a description of the specially benefited
property (the property that will receive Services); (d) the estimated total benefit assessment
chargeable to the entire service area; (e) the methodology for calculating the assessment per
parcel; (f) the benefit assessment for each parcel; and (g) an explanation that the Engineer's
Report satisfies all the requirements of a tentative report under Article 1012-2.6 of the Contra
Costa County Code and, therefore, constitutes the "Engineer's Report for the Contra Costa
County Service Area M-31 Benefit Assessment Service Charge Fiscal Year 2002-2003" (the
Engineer's Report).
SE:gpp:sr I hereby cert*that this is a true and correct copy of an action taken and
G:\GrpData\spDist\Board Orders\2002\04 April\04-23-02 BO Pleasant Hill BART.doc entered on the minutes of the Board of Supervisors on the date shown.
Orig.Dept. Public Works Department(Special Districts)
cc: Skip Epperly(923)313-2253 ATTEsTED:_A P R I L 23, 2002
County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and County
County Counsel Administrator
Auditor-Controller
County Assessor
Jim Kennedy,Community Development Dept BY ,Deputy
Contra Costa Centre
J.Rushton,Sp.Dist.
RESOLUTION NO.2002/256
256
SUBJECT: ADOPT Resolution No. 2002/ accepting the engineer's report and fixing June 11, 2002 at 9:30
a.m. for a public to consider establishing a Sphere of Influence and benefit assessment for
County Service Area M-31, Pleasant Hill area.
DATE: April 23,2002
PAGE: 2
4. Based on its review of the Engineer's Report:
A. The Services provided by the proposed benefit assessment will directly benefit the assessed
parcels by increasing their value and habitability.
B. The cost of the proposed benefit assessment on each parcel to be assessed is proportional to
the special benefits that the Services will confer on such parcel.
Now,therefore, the Board of Supervisors ORDERS AND RESOLVES THAT:
1. The Board accepts the Engineer's Report.
2. The Board will conduct a public hearing (the "Hearing") on Tuesday, June 11, 2002 at
2:00 p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street,
Martinez, California.
3. The Board directs the Clerk of the Board to immediately provide the Public Works
Director of Contra Costa County (the "Public Works Director") with a copy of this
Resolution.
4. No later than April 26, 2002, the Public Works Director shall mail the written notice of
the Hearing (the "Notice") attached as Exhibit B to the record owners of the parcels
identified in Section 5 of the Engineer's Report. A ballot(the"Assessment Ballot") in the
form of the ballot attached as Exhibit C and a copy of the Engineer's Report shall be
attached to the Notice.
5. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant to
Government Code section 6066.
6. At the Hearing, the Board shall consider any objections or protests to the proposed
benefit assessment. The Board will then tabulate the Assessment Ballots received from
the record owners of parcels identified therein. The Board shall not impose the benefit
assessment if there is a majority protest under Article XIII D of the California
Constitution. If there is no majority protest, the Board will then adopt a resolution which
confirms the Engineer's Report; assess the benefit assessment in the Engineer's Report;
find that the Director of the Contra Costa Count Public Works Department, acting as the
Designated Director, has concluded that the Engineer's Report conforms to the official
assessment roll for the year in which the benefit assessment will be collected and,
therefore, constitutes the "Final Report for the CSA M-31 Benefit Assessment" (the
"Final Report"); confirm the Final Report; and levy the benefit assessment for the fiscal
year referred to in the Final Report.
RESOLUTION No.2oo2I 2 5 6
256 257
SUBJECT: ADOPT Resolution Nos. 2002/*** and 2002/* accepting Engineer's Report and fixing June
11, 2002 at 9:30 a.m. for a public hearing to consider establishing a Sphere of Influence and
benefit assessment for County Service Area M-31, Pleasant Hill area. (District IV) Project No.
WA 5489
DATE: April 23, 2002
PAGE: 2
III. Reasons for Recommendation and Background:
The Pleasant Hill BART Station area is a transit village in which residents and workers have a variety of
travel mode options. A core element of the travel mode options for 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 Pleasant Hill BART Specific Plan, are transportation demand
management (TDM) programs. TDM includes carpooling, vanpooling, ridesharing; flex time, staggered
work hours, guaranteed ride home, telecommuting, walking, biking, etc. The commercial property
owners in the area collectively have 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 is the collective mechanism by which the developer/property owner obligation
for TDM Programs is undertaken. The Contra Costa Centre Association is a private non-profit
corporation who's membership is the commercial property owners in the area. The Center Association
has been in existence since the mid 1980s.
Contra Costa Centre's TDM Program has been in operation since its formation. The program was
initially funded through an assessment district proceeding, those funds are now depleted, and an on-
going source of revenue to fund the TDM Program is needed. After consulting with County Counsel
regarding available options, it was determined that the establishment of a County Service Area was the
most appropriate mechanism to address this need for on-going revenue.
On November 8, 2001, the Contra Costa Centre Association Board of Directors voted unanimously to
request the County Board of Supervisors to initiate the process to form a county service area for the
ongoing funding of the Contra Costa Centre's Transportation Demand Management Program.
On March 26, 2002, the Board adopted Resolution No. 2002/191 (Resolution of Application), plan for
providing services and map of the new proposed CSA M-31 Pleasant Hill BART Station Area,
authorizing the submittal of Resolution No. 2002/191 of the Local Area Formation Commission
(LAFCO)to initiate the process to form CSA M-31 for the TDM program.
The process for establishing a County Service Area requires this recommended action to initiate the
formation of the service area and to initiate LAFCO proceedings. The Board would subsequently act
upon a resolution of formation (scheduled for April 23, 2002) and a final hearing vote of the affected
property owners (scheduled for June 11, 2002). LAFCO's tentative schedule would provide for the
LAFCO action to occur on May 8, 2002.
IV. Consequences of Neizative Action:
A secure funding mechanism for the Contra Costa Centre's TDM program will not exist.
RESOLLITION NO. 2002/256 and
2002/257
r
TO: BOARD OF SUPERVISORS
FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR
DATE: April 23, 2002
SUBJECT: ADOPT Resolution Nos. 20025*f* and 2002 4 accepting Engineer's Report and fixing June
11, 2002 at 9:30 a.m. for a public hearing to consider establishing a Sphere of Influence and
benefit assessment for County Service Area M-31, Pleasant Hill area. (District IV) Project No.
WA 5489
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. ADOPT Resolution Nos. 2002/256 and 2002/ 257 ordering approval of the Pleasant Hill BART
Station Area Boundary Reorganization (LAFC 02- ** ) which consists of formation of County
Service Area (CSA) M-31, establishing a Sphere of Influence for CSA M-31, and levying of
assessment for CSA M-31 in the Pleasant Hill BART Station Area.
B. ACCEPT Engineer's report and fix June 11, 2002 at 9:30 a.m. for a public hearing in Room. 107
of the Board of Supervisors Chambers, 651 Pine Street, Martinez, California 94553, to consider
adopting a benefit assessment for County Service Area M-31.
C. APPROVE the ballot propositions and AUTHORIZE the Public Works Director to mail the
ballots to the property owners.
II. Financial Impact:
The proposed benefit assessment will be used to fund extended services for CSA M-31 with no fiscal
impact to the County General Fund.
Continued on Attachment:X SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRAT R
_RECOMMENDATION OF BOARD COMMITTEE
7..,4PPROVE OTHER
SIGNATURES .
ACTION OF B27 ON APRIL 23, 2002 APPROVED AS RECOMMENDED XX OTHER
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 acting as the
VOTE OF SUPERVISORS GRAD Board on the date shown.
_XJ UNANIMOUS(ABSENT
AYES: NOES: ATTESTED: APRIL 23, 2002
ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and Board
Administrator
SE:sr
G:\GrpData\SpDist\Board Orders\2002\04 Apri1\04-23-02 BO Pleasant Hill BART.doc By
Orig.Div:Public'Works(Special Districts) Depu
Contact: Skip Epperly(313-2253)
cc: County Counsel
Auditor-Controller
Accounting
J.Kennedy,Com.Dev.
J.Rushton,Sp.Dist.
RESOLUTION NOS. 2002/256 AND
2002/257