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HomeMy WebLinkAboutMINUTES - 06271989 - IO.6 I.O. 6 TO: Board of Supervisors -' , FROM: INTERNAL OPERATIONS COMMITTEEW. DATE: June 19, 1989 ST'4 COUP1"�SGP SUBJECT: ALLOCATION OF MEASURE AA BOND FUNDS BY THE EAST BAY REGIONAL PARK DISTRICT Specific Request(s) or Recommendations(s) & Background & Justification RECOMMENDATIONS: 1. Request the Community Development Department staff to inventory all areas in the unincorporated area of Contra Costa County which are to be allocated Measure AA bond funds but do not yet have a designated"participating entity"to receive the funds. This inventory should identify the precise geographical area covered, what current plans there are for park and recreation programs which would be eligible for Measure AA funds and whether there is currently an entity in the area which is able and willing to manage the funds. This information should be shared with each member of the Board of Supervisors with the request that each Board Member provide Community Development Department staff with any recommendations he or she has for how the funds should be spent within his or her Supervisorial District. 2. Request Community Development Department staff to summarize the recommendations of each Board Member and return that information to our Committee on September 25, 1989,requesting that staff from the East Bay Regional Park District join us for this meeting. Our Committee will formulate recommendations at that time which the Board of Supervisors may wish to forward to EBRPD for their consideration in deciding how to allocate the funds for the unincorporated area of the count;, lich does not have a county service area or other district which can serve as a"participating IV% 3. Leave this item o:, 7jerral to our Committee. I Continued on attachm% YES Signature: Recom end '�, 1Tou ty Administrator Recommendation of Board Committee � _Ap p-mve � Ot r: Signature(s): 0y_ , SUNNE WRIGHT MC PEAK Action of Boar on: Jun 27, 1989 Approved as Recommended x Other , I Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN x Unanimous (Absent III ) AND ENTERED ON THE MINUTES OF THE Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: Abstain: Attested cc: County Administrator Phil Bat elor, Clerk of the Board Each Board Member of Supervisors and Coupty Administrator Director of Community Development Dennis Fransen,Community Development EBRPD(Via CDD) By Deputy Clerk CLVM:eh(io-6bo) BACKGROUND: On April 25, 1989 the Board of Supervisors approved a Resolution advising the East Bay Regional Park District how the County wished to spend those Measure AA bond funds which were to be allocated to various county service areas in the County. During this discussion of this item the Board learned that they did not have the authority to allocate the funds for the unincorporated area that were not within a county service area. As a result the Board asked our Committee to meet with County staff and staff from the EBRPD to discuss ways in which the Board of Supervisors could have some input to this process. On June 19, 1989 our Committee met with Dennis Fransen from the Community Development Department and staff from EBRPD. We received an opinion from County Counsel dated May 17, 1989 indicating that the Board did not, in fact,have the authority to allocate any of the Measure AA funds in the unincorporated area which are not included within a county service area because of the way the ordinance placing the bond measure on the ballot was worded. We also reviewed the attached report from the Director of Community Development which identifies the general areas of the County which are eligible to receive the funds under question. Staff from EBRPD indicated they were willing to work with us in insuring that the Board of Supervisors has as much input to the allocation process as possible, while recognizing that they must observe the language of the ordinance. We are asking Community Development to detail for each Board Member the precise areas which are eligible to receive funds, what potential projects there are in the area and whether a nearby city or other entity is interested in managing the funds and the resulting projects. Once we have this information we are asking each Board Member to review the information for his or her District and provide Dennis Fransen with whatever comments or recommendations he or she wishes. We will then meet with Mr. Fransen and EBRPD again to determine what the Board can do to have as much influence over the allocation process as possible. - 2 - Contra Cosa Couny RECEIVE=D CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT JUN J 1989 Officen of Coun4y `dmirds+ra+or TO: Internal Operations Commy5eloent DATE: June 14, 1989 Supervisor McPeak Supervisor Powers FROM: Harvey E. Bragdo Director of Co t SUBJECT: Allocation easure Al Bond Funds in the Unincorporated Areas of Contra Costa County This discussion is limited to the unincorporated areas shown in Table 1. County Service Areas have directly received bond funds under Measure AA. The Ordinance adopted by the East Bay Regional Park District ordering the submission of Measure AA to the voters provides that. . . . "Twenty-five percent (25%) of the Proceeds shall be contributed to cities, special park and recreation districts and county service area established to provide park and recreation services ("Participating Entities") which have the corporate power to acquire and improve park and recreation facilities for the purpose of assisting in the financing of the acquisition and improvement of local park and recreation facilities within the respective jurisdictions of the Participating Entities. Unincorporated communities within the District which are not represented by a Participating Entity shall have their allocation administered by the District, or closest Participating Entity, to be used to acquire or improve park and recreation facilities or open space lands in the closest city or appropriate regional parkland. A public hearing will be held to discuss options and involve the community in the planning process." County Counsel has reviewed the Ordinance and agrees that this ordinance does not expressly require the Park District for unincorporated areas (not located within a county service area) to transfer the "Twenty-five percent (25%)" of the bond proceeds to the board of supervisors having jurisdiction for an unincorporated area (not located within a county service area) except where the nearest "participating entity" (a city, park and recreation district or county service area) is a county service area administered by the involved board of supervisors." It is not known why the County was not designated as an entity for the remainder of the unincorporated County. However, the County or some other entity or mechanism would have to be available to maintain any park project. Staff recommends that the Board of Supervisors ask the East Bay Regional Park District to modify its requirements. If an entity (such as a service area, landscape maintenance district or other such entity) is formed prior to December 31, 1991, the County Board of Supervisors may determine the use of the Measure AA funds allocated to that 'area. This should not pose a problem since these funds cannot be used until late 1992. DF:cg cdfl/mesureaa.mmo TABLE 1 Bethel Island 1,750 $50,104 Blackhawk 5,000 143,156 Brentwood Area 2,500 71,578 Canyon 200 5,726 Clayton Area 1,500 42,947 Concord Area 3,000 85,893 Danville Area 1,500 42,947 Diablo 1,000 28,631 East Richmond Heights 3,350 95,914 Lafayette Area 100 2,863 Marsh Creek Area 515 14,745 Martinez Area 8,450 241,933 Moraga Area 100 2,863 North Richmond 2,350 67,283 Far East County 2,500 71,578 Pleasant Hill Area 3,185 91,190 San Ramon Area 1,000 28,631 Tassajara 2,000 57,262 Walnut Creek Area 10,085 288,745 West Pittsburg 550 15,747 Total 50,635 $1,449,736 The Concord, Martinez, Pleasant Hill and Walnut Creek areas consist of more than one unincorporated pocket, some of which are rather sizable, some not. For example, Pacheco has a population of 2,000. DF:cg cdfl/mesureaa.mmo 15021-OG JHH'.%,✓,I':ch. FCJ4_ K7-'-1 EAST BAY REGIONAL PARK DISTRICT ORDINANCE NO. 1988-8-279 August 2, 1988 ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION AND DEVELOPMENT OF REGIONAL PARK, RECREATION AND OPEN SPACE FACILITIES AND ACQUISITION AND DEVELOPMENT OF LOCAL PARK, RECREATION AND OPEN SPACE FACILITIES TO THE QUALIFIED VOTERS OF THE EAST BAY REGIONAL PARK DISTRICT AT AN ELECTION TO BE HELD FOR THAT PURPOSE BE IT ORDAINED by the Board of Directors of the East Bay Regional Park District, California, that WHEREAS, this Board of Directors of the East Bay Regional Park District (the "District") has heretofore adopted, by a two-thirds vote of all the members of said Board, Resolution No. 1988-7-261 entitled "Determination That the Public Interest and Necessity Demand Completion of the East Bay Regional Park District Master Plan for the Acquisition and Development of Regional Parklands and Open Space and Acquisition and Development of Local Parklands With -Financing Through the Issuance of General Obligation Bonds" (the "Resolution"); WHEREAS, .in order to provide for the issuance by the District of its general obligation bonds to finance the improvements described in the Resolution, it is necessary for this Board to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the District at an election held for that purpose; and WHEREAS, this Board desires to submit said ballot measure to the qualified voters of the District at a special district election to be held in the District on November 8, 1988. NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: Section 1. That a special district election is hereby called and ordered to be held in the District on November 8, 1988. at which election there shall be submitted to the qualified voters the proposition set forth below. Section 2. That said proposition shall appear on the ballot for said special district election in the following form: is A-1 "PROPOSITION _: REGIONAL OPEN SPACE, WILDLIFE, SHORELINE AND PARKS BOND Shall the EAST BAY REGIONAL PARK DISTRICT be authorized to issue general obligation bonds in the principal amount of two hundred twenty- five million dollars ($225,000.000) to acquire land for open space; to protect wildlife and its habitat; to preserve wetlands and Bay shoreline; and to acquire and improve parks, trails, and recreation facilities; provided, that these new resources be distributed equitably between Alameda County and Contra Costa County and that the cost of repayment of the bonds will average approximately 47c per month for property with assessed valuation of $100,000?" This Board does hereby submit to the qualified voters of the District, at said special district election, this ordinance and the proposition set forth above. Section 3. The indebtedness to be incurred by the District shall be for the object and purpose set forth in the Resolution, namely, to complete the East Bay Regional Park District Master Plan for parklands and open space and to assist cities within the District . with their funding of acquisition and development of local parklands. Said object and purpose shall include the acquisition of land for open space, the protection of wildlife and its habitat, the preservation of wetlands and Bay shoreline and the acquisition and improvement of parks, trails and recreation facilities; provided, that the foregoing new resources shall be distributed equitably between Alameda County and Contra Costa County and that the cost of repayment of the bonds will average approximately 47c per month for property with assessed valuation of 5100,000. The foregoing provision shall not be construed to limit the power and duty of the Board to cause to be levied and collected a tax sufficient to pay debt service on the bonds in any fiscal year. The net proceeds of sale of the bonds (the "Proceeds") shall be allocated among regional and local purposes, and acquisition and improvement purposes. as follows: (a) Seventy-five percent (75%) of the Proceeds shall be allocated to the District for regional park, recreation and open space purposes. (b) Twenty-five percent (25%) of the Proceeds shall be contributed to cities, special park and recreation districts and county service areas established to provide park and recreation services ("Participating Entities") which have the corporate power to acquire and improve park and recreation facilities for the purpose of assisting in the financing of the acquisition and improvement of local park and recreation facilities within the respective jurisdictions of the Participating Entities. Unincorporated communities within the District which are not represented by a Participating Entity shall have their allocation administered by the District, or closest Participating Entity, to be used to acquire or improve park and recreation facilities or open space lands in the closest city or appropriate regional parkland. A public hearing will be held to discuss options and involve the community in the planning process. A-2 , (i) Such contributions shall be made pursuant to cooperative agreements betvreen the parties setting forth the terms and conditions of the contribution and the specific purposes for which the money is to be expended and providing for a deduction from the amount of the contribution of such amount as may be required for the payment of the expenses of the District in administering the contribution program throughout the District. (ii) Each Participating Entity's allocation shall be in the ratio which the Participating Entity's estimated population bears to the total of the District's estimated population. In any instance in which the boundaries of a Participating Entity overlap with each other, the estimated population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages park, recreation and open space areas and facilities for that population. (iii) Each of the Participating Entities whose boundaries overlap shall develop a specific plan for allocating the bond proceeds in accordance with the formula specified in paragraph (ii) and shall submit the plan to the District. If the plan is not agreed to by the affected jurisdictions and submitted to the District within 60 days of availability of bond proceeds, the District shall determine the allocation of the bond proceeds among the affected jurisdictions. (c) Of the seventy-five percent (75%) of the Proceeds allocated to the District for regional park, recreation and open space purposes, seventy-five percent 'of that allocation shall be for the purpose of the acquisition of regional parklands and open space and twenty-five percent (25%) of that allocation shall be for the purpose of development of regional park and recreation facilities. (d) In the event that a Participating Entity elects not to participate in the Park Program or does not meet the terms of the agreement provided for in paragraph (b)(i) of this Section, the Participating Entity's share will be allocated to the acquisition of regional parklands and open space as set forth in the Park Program. All of the. foregoing regional and local park and recreation facilities and open space acquisition and development are referred to herein collectively as the "Park Program". Said indebtedness shall include the cost of legal and other fees and the cost of printing bonds and other costs and expenses, incidental to or connected with the authorization, issuance and sale of the general obligation bonds to be issued to finance the Park Program (collectively, the "Bond Issuance Fees and Expenses"). Section 4. The estimated costs of the acquisition, construction and completion of the Park Program; including any Bond Issuance Fees and Expenses attributable thereto, is not to exceed Two Hundred Twenty-Five Million Dollars (S225,000,000). A-3 Section 5. The principal amount of general obligation bonds to be issued for the Park Program is not to exceed Two Hundred Twenty-Five Million Dollars ($225,000,000). Section 6. The rate of interest to be paid on the bonds for the Park Program shall not exceed twelve percent (12%) per annum (unless the maximum interest rate for general obligation bonds of the District shall hereafter be increased by the Legislature of the State of California, in which event said maximum fixed by said Legislature shall apply). Section 7. This Board does hereby submit to the qualified voters of the District, at said special district election, this Ordinance and proposition set forth in Section 2 hereof. The District proposes to acquire, construct and complete the Park Program and to issue and sell general obligation bonds of the District pursuant to Section 5568 of the Public Resources Code and Article 9, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the Government Code of the State of California, in one or more series in the maximum amounts and for the objects and purposes set forth above if two- thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the District payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be enually and ratably secured, without priority, by the taxing power of the District. Section 8. The polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until eight o'clock P.M. of the same day, when said polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. Section 9. The special district election hereby called for the date hereinbefore specified shall be, and is hereby, ordered consolidated with the statewide general election to be held within the District on said date, and within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns canvassed. results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide general election and specified herein. The Board of Supervisors of County of Alameda and the Board of Supervisors of the County of Contra Costa are hereby requested to order the consolidation of the special district election hereby called with said statewide general election, and the Board of Supervisors of the County of Alameda and the Board of Supervisors of Contra Costa County are hereby authorized to canvass the returns of said special district election, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used in each of the affected counties. Each of said Board of Supervisors shall certify the results of the canvass of the returns of said special district election in each of the respective counties to the Board of Directors of this District which shall thereafter declare the results thereof. The measure submitted by this Ordinance shall be designated on each ballot by a letter printed on the left margin of the square containing the description of the measure, as provided in Section 10219 of the Elections Code of the State of California. A-4 Section 10. The elections hereby consolidated shall be held in all respects as if ,, •. there were only one election, and only one form of ballot shall be used in each of the respective counties. Section 11. All persons qualified to vote at general district elections in the District upon the date of the election herein provided for shall be qualified to vote upon the proposition submitted at said special election. Section 12. Ballots for the election shall be provided in the form and in the number provided by law. On said ballots, in addition to any other printed matter which may be required by law, two voting squares shall be set off to the right of the proposition submitted at the election, in the manner provided by law, one having the word "YES" printed before it, and the other having the word "NO" printed before it. Section 13. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each voter to vote against the proposition and against the incurring of the indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot to the right of the proposition. Section 14. This Ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six days a week in the District, or once a week for two weeks in a newspaper printed, published and circulated less than six days a week in the District. The first of said publications shall, in either event, be within thirty (30) days after the adoption of this Ordinance. The Secretary is hereby authorized and directed to make said publications and to transmit, for receipt no later than August 12, 1988, a certified copy of this Ordinance to the appropriate officials of the County of Alameda and the County of Contra Costa responsible for preparing the ballots for said election. Section 15. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the members of this Board. L/6 President (SEAQ Attest: Secretary A-5 TA E4 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUN4Xt .y ) - DIE MARTINEZ, CALIFORNIA' 7.1C i - -t Date: May 17 , 1989 `1' ' To: Harvey Bragdon, Community Development Director Attn: Dennis Fransen From: Victor J. Westman, County Counsel ' Re: Allocation Procedure, Measure AA Park Bond Monies, Unincorporated Areas Not In County Service Areas . This is in response to your 5-5-89 memorandum requesting this office's comments on the above-noted matter. In the attachments to your memorandum is a note indicating that the East Bay Regional Park District has advised you that Measure AA (Park District Board Ord. No. 1988-8-279 ) allows the Park District to directly allocate the involved park bond funds without the need to legally delegate that responsibility to an involved county board of supervisors for its unincorporated areas (not located within any county service. area) . It appears you desire this office's view on this. position of the Park District. We have reviewed the submitted Park District Ordinance No. 1988- 8-279 and in particular its Section 3, subsection (b) . Based thereon, we agree that this ordinance does not expressly require the Park District for unincorporated areas (not located within a county service area) to transfer the "Twenty-five percent [ 25%] " of the bond proceeds to the board of supervisors having jurisdiction for an unincorporated area (not located within a county service area) except where the nearest "participating entity" (a city, park and recreation district or county service area) is a county service area administered by the involved board of supervisors. During the period when the Park District was formulating said subsection (b) , this office does not have any background why those entities (cities, park districts and county service areas) included within the definition of "participating entities" did not also include the Board of Supervisors for unincorporated areas (not contained within county service areas ) . Also, we are not aware of what expectations were concerning this matter at the time the County was formulating its position to support Measure AA prior to the November 1988 election. In the East Bay Regional Park District's Ordinance No. 1988-8-279 reference is made to a Park District Resolution No. 1988-7-261 and to the "East Bay Regional Park District Master Plan" . If it has not Dennis Fransen -2- May 15, 1989 already been done, we suggest that you review this resolution and the District' s Master Plan to determine if they have any provisions indicating the manner in which said subsection (b) of Section 3 of Ordinance No. 1988-8-279 is to be implemented. If .we may be of any further assistance, please advise. VJW:df cc: C. L. VanMarter, County Administrator's Office