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HomeMy WebLinkAboutMINUTES - 04152008 - C.15 i i TO: BOARD OF SUPERVISORS ',�=6 L-°_� Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR g ...;;�; . Costa s` DATE: April 15, 2008 rA-coiirc`tt County SUBJECT: ADOPT Resolution No. 2008/!Z4 Z accepting the Annexation Engineer's Report for County Service Area M-31, Subdivision 05-8950, Pleasant Hill BART area. (Countywide Service Area M-31 Funds) (District IV) Project No.: 7476-6X5195 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i Recommended Action: I ADOPT Resolution No. 2008/U L accepting the attached Annexation Engineer's Report to annex Subdivision 05-8950 into County Service Area(CSA) M-31 and to levy a transportation demand management assessment on the annexed parcels. I DIRECT the Public Works Director, or designee, to mail by first class mail, a written notice and ballot to each parcel owner within the proposed annexation;area pursuant to Proposition 218. I FIX a Public Hearing for June 3, 2008 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed annexation and assessment. i Continued on Attachment: X SIGNATURE. _ . ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE (S): r QL _L,2 ACTION OF BO DPN 0"[/�r/0 APPROVED AS RECOMMENDED OTHER i I VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: i i i i JW:ab: I 1 hereby certify that this is a true and correct copy of an G:\SpDist\Board Orders\2008\4-15-08Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc action taken and entered on the minutes of the Board of Orig.Div: Public Works(Special Districts) Contact: Warren Lai(313-2180) Supervisors on the date shown. cc: County Administrator Assessor Auditor-Controller I ATTESTED: tD!/!�g Community Development JOHN CULLEN,Clerk of the Board of Supervisors and County Counsel i County Ad stra r Francisco&Associates,Inc. i By iDeputy i i i I I SUBJECT: ADOPT Resolution No. 2008/_ accepting the Annexation Engineer's Report for County Service Area M-31, Subdivision 05-8950, Pleasant Hill BART area. (County Service Area M-31 Funds) (District IV) Project Ni.: 7476-6X-5195 I DATE: April 15, 2008 PAGE: 2 I I i i Fiscal Impact: There is no impact to the County General Fund. All costs will be covered with revenue from CSA M-31 (100%). i Reasons for Recommendations and Backs l ound: I The developer is required by a Condition of Approval to annex Subdivision 05-8950 into CSA M-31 to ensure continued reduction in vehicular trips within Ithe Pleasant Hill BART area. In order to levy a new assessment on. the parcels located within Subdivision 05-8950, Proposition 218 requires majority approval from the affected property owners. This Board Order and Resolution comply with the requirements for levying new assessments under Proposition 218. j i I Consequences of Negative Action: This project will not.be in compliance with the Conditions of Approval for Subdivision 05-8950 and an alternative means to finance transportation demand management services would have to be found. i i i I I I I I I I I i I I i i I I I i i i I I i I I I I I i i i I I I I I i i I I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2008 byithe following vote: I I AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none I I RESOLUTION NO. 2008/ZG SUBJECT: ADOPT Resolution No. 2008/Ayaccepting the Annexation Engineer's Report for County Service Area M-31, Subdivision 05-8950; declaring the intent to levy and collect assessments and fixing a public hearing for June 3, 2008 to adopt the proposed annual assessments and complete public noticing, Pleasant Hill BART area. (County Service Area M-31 Funds)(District IV) Project No.: 7476-6X-5195 I i I The Board of Supervisors of Contra Costa County FINDS THAT: i 1. The County is currently processing!Subdivision 05-8950 (the "Development") consisting of six (6) parcels that encompasses approximately 20 acres and will be divided into nine (9) lots. 2. On August 23, 2007, the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area (CSA) M-31. The County intends to initiate proceedings to annex the Development into CSA M-31 pursuant to that request. i 3. Once the Development is annexed into CSA M-31, the parce](s) within it will receive a special benefit over and above that received by the jgeneral public in the form of Transportation Demand Management (TDM) services. This service is a miscellaneous extended service (the "Extended Service") as defined in Section 1012-2.406 of the Contra Costa County Code. 4. In order to fund the Extended Service that will be provided to the parcel(s) within the Development, it will be necessary to levy an "Assessment". The charge meets the requirements of an "Assessment" under Article XHID of the California Constitution because it provides a special benefit, defined above, on the parcel(s)within the Development. I I 5. A copy of the CSA M-31 Annexation Engineer's Report to the Board of Supervisors for the TDM assessment for Fiscal Year 2007/200.8 (the"Engineer's Report") is attached as Exhibit A. The Engineer's Report meets the requirements of a tentative report under Section 1012-2.602 of the Contra Costa County Code. The Annexation Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire service area; the estimated Assessment chargeable to' each parcel, the calculations supporting the Assessment, and the duration of the Assessment. I I I I hereby certify that this is a true and correct copy of an action JW:ab taken and entered on the minutes of the Board of Supervisors on G:\SpDist\CSA M-31\Annexations\Fonns\Board Reso(Fixing).-Fotm.doc Orig.Div: Public Works(Special Districts) the date shown. Contact: Warren Lai (313-2180) cc: County Administrator ATTESTED: Assessor Auditor-Contruller JOHN CULLEN,Clerk of the Board of Supervisors and County Conanunity Devclupnsut Admld istratti County Counsel Francisco&Associates,Inc. By Deputy I I RESOLUTION NO. 2008/ ZG I I i I i SUBJECT: ADOPT Resolution No. 2008 accepting the Annexation Engineer's Report for County Service Area M-31, Subdivision 05-8950; declaring the intent to levy and collect assessments and fixing a public hearing for June 3, 2008 to adopt the proposed annual assessments and complete public noticing, Pleasant Hilli BART area. (County Service Area M-31. Funds) (District IV) Project No.: 7476-6X5195 DATE: April 15, 2008 PAGE: 2 i I i I 6. The Board adopted the original Engineer's Report for the TDM services on June 11, 2002. Based on its review of the Engineer's Report, the Board found that: I I (a) The Extended Service financed by the Assessment will directly benefit the parcel(s) within the Development. (b) The cost of the Assessment ori each parcel within the Development is proportional to the benefits that the Extended Service willi confer on each parcel. i i NOW, THEREFORE THE BOARD OF SUPERVISORS-ORDERS AND RESOLVES AS FOLLOWS: I 1. The Board will conduct a public hearing (the "Hearing") on June 3, 2008 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. I I 2. The Board directs the Clerk of the Board to immediately provide the Public Works Department of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director, or designee mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit B to the record owners of each parcel within the Development! The ballot attached as Exhibit C shall be attached to the Ballot Notice. A copy of the Annexation Erigineer's Report is on file with the Public Works Department. i I 3. At the Hearing, the Board shall consider any objections or protests to the annexation and levy of Assessment. Immediately after the Hearing, the Public Works Department shall tabulate the ballots and certify the tabulation of the ballots. 'The Board shall not annex the territory into CSA M-31 nor impose the Assessment if there is a majority iprotest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Annexation Engineer's Report; authorizes the levy of assessment in the Annexation Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director, has concluded that the Annexation Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Annexation Report for the Assessment; confirms the Annexation Report; and levies the Assessment for the Fiscal Year referred to in the Annexation Engineer's Report. i i I I I I i I i I i I I I i i i i I i ANNEXATION REPORT i CONTRA COSTA COUNTY SERVICE AREA M-31 (Pleasant Hill Bart Station Area) • i I TransportationDemand Management Services Benefit Assessment District i i i ;April 15, 2008 i ones • j�1 �_ {t'c c� I•- - ���' � Lzlr•' 1 �ls�r•a. Vly\ �rxv � •.til. ,, 7, �.� � i +.�- I Board of Supervisors John Gioia, District 1 Gayle B. Uilkema, District 2 j Mary Piepho,District 3 Susan Bonilla, District 4 Federal Glover, District 5 i i I I _ jPrepared by Contra Costa County Public Works Department i i I I I I I i I ' i I Ii I i I I I I CSA M-31 TDMAnnexation Report Fiscal Year 2007-08 BACKGROUND I I BACKGROUND INFORMATION On April 23, 2002, the Board of Supervisors approved Resolution Nos. 2002/256 and 2002/257 which recommended to the Local Agency Formation Commission of Contra Costa County (LAFCO) the formation of County Service Area (CSA)M-31, Pleasant Hill BART Station Area. The property located within CSA M-31 receives a special and distinct benefit over and above the general benefits received by the public at-large in the form of extended transportation demand management services. These extended transportation services consist of the implementation of Transportation Demand Management programs as discussed in this report and in the. Plan for Providing Services for CSA M-31 which is on file with LAFCO. Resolution 2002/256 further stated that CSA M-31 services should be supported by a benefit assessment or special tax levy on parcels that receive this special and distinct benefit from the CSA M-31 services. I On June 11, 2002 the Board of Supervisors conducted a public hearing and subsequently approved Resolution 2002/362 which authorized the annual levy of assessments on the parcels located within CSA M-31 to fund Transportation Demand Management programs. i I On July 10, 2002, LAFCO conducted a public hearing and subsequently approved Resolution 02-19 which formed CSA M-31. I I ' Each year since Fiscal Year 2002-03 assessments have been levied within CSA M-31. i The Pleasant Hill BART Station Area is a transit village in which residents and employees have a variety of travel mode options. A core element of the travel mode options for residents and employees, and a key traffic mitigation measure in the CEQA documents certified at the time of adoption and amendment of the Pleasant Hill BART Specific Plan was the establishment of Transportation Demand Management (TDM) programs. TDM programs include carpooling, vanpooling, ridesharing; flex time, staggered work hours, guaranteed ride home, telecommuting, etc. The property owners within CSA M-31 collectively had a mandate to achieve at least 30% TDM performance (i.e. 30% or more of the area employees arrive at work via something other than a single occupied car). ! i The Contra Costa Centre Association is the collective mechanism by which the 'developer/property owner's obligation for TDM programs is undertaken. The Contra Costa Centre Association is a private non-profit corporation whose membership consists of the property owners in the area. The!Contra Costa Centre Association has been in existence since the mid 1980s. I I The following is a list of programs and services that have been proposed to be funded in FY 2007-08 by CSA M-31: I I 1) Transit Subsidy Program: Purchase a $48 value BART ticket for $45 and receive one BART ticket free. The purchaser must pledge to take BART to work a minimum of three days per week. a) Transit Subsidy Program No. 1: 110 participants for six months b) Transit Subsidy Program No. 2: 100 participants for four months I NAContra\fY07-08\CSA M-31\EngRpt\M-31_Eng_Report(032408).doc i I - 1 - I I I i I I I I I I i CSA M-31 TDM Annexation Report Fiscal Year 2007-08 BACKGROUND I I I 2) Carpool Incentive Program: Provide two Chevron gas cards per carpool per month for six months. I a) 20 carpools for 6 moriths 3) Bus Subsidy Program: Receive a $53 value County Connection bus pass for six months. i I a) 10 participants for 6 months 4) Bike-to-Work Incentive Program: Bike to work at least three times per week for three months, a minimum of 12 times per month, and receive one free $48 value BART ticket. 5) Vanpool Program: All fuel Ifor vanpools commuting to Contra Costa Centre is paid by the TDM Program. Additionally, TDM program pays $50 per month towards vehicle insurance due to $5,000,000 liability requirement by Contra Costa County. Van # 2 runs from Davis Street, Vacaville, to Oak Road, Walnut Creek, from 6:00 — 7:30 am. and from 3:30 — 4:30 pm. !Van # 3 runs from Sonoma Blvd., Vallejo, to Oak Road, Walnut Creek, from 6:45 —8:00 am. and from 5:00—6:00 pm. 6) Noontime Shuttle: The noontime shuttle runs from 10:30 am. — 2:10 pm, Monday through Friday, with stops at all Centre buildings and between the Contra Costa Centre and Countrywood Shopping Mall. 7) Intrago Light EV Rental System: The Contra Costa Centre partners with Intrago LLC to provide employees with access to local vehicles (segways, electric bicycles, bicycles, electric scooters and NEV vehicles) to use through the Transit Village during the workday. Employees are able to check out vehicles electronically from a kiosk located at the Urban West and Pacific Plaza buildings. 8) Marketing Plan: The marketing plan develops newsletters, posters, brochures and promotional handouts and hosts events and transportation fairs to ensure Centre area workers are informed of the various commute alternatives, subsidies and incentives available to them through the Contra Costa Centre Transportation Demand Management Program. i These TDM services may be amended annually, including the addition or deletion of the services as required to meet the 30% TDM performance goal as determined by the Contra Costa County in consultation with the Contra Costa Centre Association or its successor. I I PROPOSED CSA M-31 ANNEXATION AND ASSESSMENT PROCESS i I In FY 2007-08, the County is proposing to annex additional territory into CSA M-31 and to levy an annual benefit assessment for TDM services on these annexed parcels. As required by the County Service Area Law and Proposition 218, the Board shall adopt a resolution initiating proceedings for annexation and the levying of a benefit assessment, which resolution shall: . a) Set forth the exterior boundaries of the territory proposed for annexation; b) State that the territory will be benefited by annexation; I I I i I NAContra\FY07-08\CSA M-31\EngRpt\ 4-31_Eng;Report(032408).doc I I ' - 2 - I I I i I CSA M-31 TDM Anne-ration Report Fiscal Year 2007-08 BACKGROUND c) Fix a time, date, and place, of hearing on the proposed annexation and levying of a benefit assessment, which shall be not less than 45 days nor more than 60 days after the date of adoption of the resolution initiating proceedings; and d) State that any interested:person desiring to make written protest against such annexation and/or levy of assessment shall do so by written communication, containing the signature : of the protestant and street address or some other identification of the property owned by the protestant, filed with the clerk not later than the hour set for hearing. The Clerk shall give notice of the proposed CSA M-31 annexation hearing by mailing a notice to each property owner within the territory proposed to be annexed, and by publishing a notice in a newspaper of general circulation at least once, not more than 30 nor less than 10 days prior to the hearing. At the hearing, all interested persons shall be given the opportunity to present evidence and testimony for or against the proposed annexation into CSA M-31. Any person who has tiled a written protest may withdraw the;written protest at any time prior to the conclusion of the hearing. A majority protest for the; proposed annexation into CSA M-31 shall be deemed to exist, and the proposed annexation shall be abandoned, if the Board finds that written protests filed and not withdrawn prior to the,conclusion of the hearing represent more than 50 percent of the assessed value of the land therein. If a majority protest has not been filed, the Board, not later than 30 days after the conclusion of the hearing, shall adopt a resolution making one of the following determinations: 1) Disapproving the proposed annexation; 2) Approving the proposed annexation; or 3) Approving the annexation, but excluding any lands which the Board finds will not be benefited from the TDM services. In conformance with the annexation of territory into the assessment district, County staff will mail a notice and ballot to each affected property owner located within the boundaries of the territory to be annexed. This ballot will ask each property owner if they support the annexation into the assessment district and authorize the levy of an annual benefit assessment to fund TDM services. All ballots received prior to the close of the public input portion of the public hearing will then be opened and tabulated. 'If it is determined that there is majority support to annexation into the assessment district and levy the benefit assessment the Board may adopt a resolution confirming the annexation and levy of assessment. Majority support is obtained if there are more ballots received voting "YES" weighted by assessment amount than there are ballots received voting"NO"weighted by;assessment amount. This Annexation Report; 1) sets; forth the exterior boundaries of the territory proposed for annexation, 2) demonstrates the annexation territory will receive a special and direct benefit from the TDM services, and 3) provides the justification for the calculation and levy of benefit assessments. The Report was prepared by a registered professional engineer certified by the State of California. This Annekation Report complies with the requirements of California Constitution Article XIIIC and XIIID ("Proposition 218"); Government Code section 25210.77a; and Contra Costa County Code Article 1012-2.6. NAContra\FY07-08\CSA M-31\EngRpt\M-31_Eng_Report(032408).doc - 3 - CSA M-31 TDM Annexation Report Fiscal Year 2007-08 BACKGROUND The Contra Costa County Board of Supervisors will hold a Public Hearing on June 3, 2008, regarding the annexation of additional territory into CSA M-31 and the establishment of a benefit assessment for such territory.; The Board will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, assuming there is not a majority protest; the Board may adopt a resolution confirming the annexation of additional territory into CSA M-31 and authorize the levy of annual assessments. Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for;their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report. i i NAContra\FY07-08\CSA M-31\EngRpt\M-31_Eng_Rcport(032408).doc -4 - I I I' I I CSA M-31 TDM Annexation Report Fiscal Year 2007-08 ANNEXATION REPORT i I ANNEXATION REPORT FOR CONTRA COSTA COUNTY SERVICE AREA M-31 PLEASANT HILL BART STATION AREA I TRANSPORTATION DEMAND MANAGEMENT SERVICES BENEFIT ASSESSMENT FISCAL YEAR 2007/2008 I i i Pursuant to the County Service Area Law (commencing with Section 25210 of the California Government), Proposition 218, and in accordance with the Resolution of Intention, being Resolution No. , accepting the Annexation Report, adopted by Contra Costa County Board of Supervisors, April 15, 2008, and in connection with the proceedings for: h CONTRA COSTA COUNTY SERVICE AREA M-31 PLEASANT HILL BART STATION AREA TRANSPORTATION DEMAND MANAGEMENT SERVICES BENEFIT ASSESSMENT I Herein after referred to as the "CSA M-31", I, Warren Lai, the duly appointed ENGINEER OF WORK, submit herewith this "Report" consisting of three (3) parts as follows (as requested in Section 25210.77a (a) of the California Government Code): i . I PART A: METHOD OF ASSESSMENT & ASSESSMENT LIST I I This part contains a description of each parcel of real property receiving TDM services from CSA M-31, the amount of assessment for each parcel for Fiscal Year 2007-08, calculated in conformity with the assessments methodology described herein. I I I ' PART B: .ESTIMATE OF COST I This part contains an estimate of the cost of the proposed improvements for Fiscal Year 2007-08, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto. j I I I PART C: CSA M-31 DIAGRAM i This part incorporates a diagram showing the exterior boundaries and the lines and dimensions of each lot or parcel of land currently with CSA M-31 and the proposed annexation area. The lines and dimensions of each lot or parcel are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. i i i i i I NAContra\FY07-08\CSA M-31\EngRpt\M-31_EnILRcport(032408).doc I - 5 - I ` i I I I I I I I i I CSA M-31 TDM Annexation Report i PART A Fiscal Year 2007-08 METHODOLOGY & ASSESSMENT LIST I PART A I I METHOD OF ASSESSMENT & ASSESSMENT LIST I I Special and General Benefit Proposition 218 provides that "only special benefits are assessable" and defines a special benefit as a particular and distinct benefit conferred on real property and not a general benefit received by the public at large. The Transportation Demand Management (TDM) services provided within CSA M-31 are deemed a special benefit and only serve the commercial and residential parcels located within the boundaries of the District. No TDM services will be provided to the . general public. Therefore no general benefit subsidy is required, however, the County has, and may continue, to subsidize various TDM programs. i I I Property Classification Developed Residential Property: i 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 doers not include hotel and motel use. I Developed Commercial Property:i 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 land 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 pro, pcriYconsists of property Ynot 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. I Benefit Assessment Methodology for Developed Residential Proverty 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 is estimated to be $28,386.36 per year (in FY 2007-108 dollars). Since each residential unit will be similar in size and will receive the same degree of benefit from the residential TDM programs, each residential unit will be charged an equal share of the Residential TDM program costs. It is anticipated that there will be 522 residential units at build-out within the proposed annexation area. Therefore, NAContra\FY07-08\CSA M31\EngRpt\M-31_EnLReport(032408).doc I - 6 - i i I I I I I I I i I CSA M-31 TDM Annexation Report PART A Fiscal Year 2007-08 METHODOLOGY & ASSESSMENT LIST i the maximum annual assessment that can be levied is $54.38 per residential unit ($28,386.36 units) in FY 2007-08 dollars. This maximum assessment may be adjusted annually to reflect the prior year's change in the Consumers price index (CPI) for All Urban Consumers for the Bay Arca: San Francisco-Oakland-San Jose. The base CPI index to be used for future calculations is June 2007 (216.123). Any change in the assessment rate per residential unit, which is the result of the change in the CPl shall not ibe deemed an increase in the assessment subject to the requirements of Proposition 218. Benefit Assessment Methodology for 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 is 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 FY 2007-08 Assessment List on the following page and will serve as thejbasis for calculation of the annual assessment for Developed Commercial Property. It is anticipated that there will be 2,487,190 sq. ft. of commercial development at build-out within theiproposed District. Therefore, the maximum assessment rate per sq. ft. that can be levied is approximately $0.0957 per sq. ft. ($238,121.84/2,487,190 sq. ft.) in FY 2007-08 dollars. This maximum assessment 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 index to be used for future calculations is June 2007 (216.123).. Any change in the assessment rate per square foot of Building Floor Area, which is the result of the change in the CPI shall not be deemed an increase in the assessment subject to the requirements of Proposition 218. New Development within the CSA If, prior to April 30 of each year, a new building permit is issued for any residential or commercial parcel within CSA M-31 it shall be classified as a Developed Residential Property or Developed Commercial Property respectively and assessed the ensuing fiscal year. All exempt properties will not be assessed. i I I I I I i I I I I I. I i I NAContra\PY07-08\CSA M-31\EngRpt\M-31_Eng_Report(032408).doc i i - 7 - I I • i I I I i i I I I . I CSA M-31 TDM Annexation Report, PART A Fiscal Year 2007-08 ! METHODOLOGY & ASSESSMENT LIST i Table No. 1 below shows a listing of those parcels to be assessed for Fiscal Year 2007-08 and their maximum assessment that could be levied for Fiscal Year 2007-08. i TABLE 1: FY 2007-08 Assessment List 1 i Maximum Maximum Estimated FY 2007-08 FY 2007-08 Assessor Estimated Commercial Residential Commercial FY 2007-08 Parcel No. Residential Units Building Sq.Ft. Assessment Assessment Assessment Properly Owner Name I 148-202-057 0 151,000 50.00 S4,882.70 $4,774.48 WALNUT VIEW PROPERTIES 148-221-033 0 102,000 $0.00 S9,765.41 S9,548.96 HOFMANN KENNETIT II&MARTHA 148-250-083 0 416,400 S0.00 $20,717.99 520,258.76 ASHFORD WALNUT CREEK LP 148-250-090 0 205,700 S0.00 $19,693.57 S19,257.06 WALNUT CREEK PROPERTIES INC 148-250-091 0 1 0 $0.00 S0.00 50.00 WALNUT CREEK PROPERTIES INC 148-270-050 0 1 30,000 $0.00 $2,872.18 $2,808.52 TREAT PLAZA OFFICE LLC&II LLC 148-470-001 0 •375,000 $0.00 535,902.24 $35,106.45 CA-TREAT TOWERS LP 148-470-002 0 0 $0.00 $0.00 50.00 CA-TREAT TOWERS LP 148-480-007 0 0 $0.00 $0.00 50.00 SPK-OAK ROAD 1 148-480-009 0 49,000 $0.00 $4,691.23 $4,587.24 SPK-OAK ROAD If 148-480-010 0 0 $0.00 $0.00 $0.00 PMI PLAZA LLC 148-480-011 0 1195,000 $0.00 $18,669.16 $18,255.36 PMI PLAZA LLC 148-480-012 0 1157,000 $0.00 $15,031.07 $14,697.90 SPK-OAK ROAD I 172-011-022 0 1253,500 $0.00 $24,269.91 $23,731.96 CALIF STATE TEACHERS RETIR SYS 172-013-005 0 1 0 50.00 $0.00 $0.00 CALIF STATE TEACHERS RETIR SYS 172-020-042 0 1125,000 50.00 $11,967.41 S11,702.15 PERA URBAN WEST CORP 172-020-046 0 1 0 S0.00 S0.00 $0.00 TONG JAMES&MEI FONG 172-020-047 0 1200,000 $0.00 $19,147.86 $18,723.44 TONG JAMES&MEI FONG 172-031-022 0 80,000 $0.00 $7,659.14 $7,489.38 JOI IN MUIR MEDICAL CENTER 172-031-023 0 1 122,000 $0.00 511,680.19 $11,421.30 1450 TREAT BOULEVARD INC 172-031-024 0 0 $0.00 $0.00 $0.00 1450 TREAT BOULEVARD INC 172-031-025 0 0 $0_00 $0_00 $0_00 LORD VIRGINIA L Subtotal 0 2,161,600 $0.00 $206,950.08 S202,362.96 Proposed Annexation Area Maximum Maximum Estimated FY 2007-08 FY 2007-08 Assessor Estimated Commercial Residential Commercial FV 2007-08 Parcel No.* Residential Units Building Sq.Ft. Assessment Assessment Assessment Property Owner Name I SD05-8950,Lot No. 1 100 1 0 S5,438.00 $0.00 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.2 205 16,630 $11,147.90 51,592.14 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.3 184 1 18,960 $10,005.92 S1,815.22 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.4 0 1 290,000 S0.00 $27,764.40 $0.00 SAN FRANCISCO BART DISTRICT S1305-8950,Lot No.5 33 1 0 $1,794.54 50.00 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.6 0 1 0 $0.00 $0.00 50.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.7 0. 0 $0.00 $0.00 S0.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.8 0 1 0 $0.00 $0.00 $0.00 SAN FRANCISCO BART DISTRICT SD05-8950,Lot No.9 0 1 0 $0.00 a0.00 $0.00 SAN FRANCISCO BART DISTRICT Subtotal 522 325,590 $28,386.36 $31,171.76 $0.00 Total 2,487,190 $28,386.36 $238,121.84 $202,362.96 I *The Assessor Parcel Numbers for the annexation area include 148-221-015,034,035,036,038&148-250-071 I Levy Code: G 1 Fund: 2476 1 Revenue: 9895 1 I i i N:\Contra\FY07-08\CSA M-31\EngRpt\M-31_Eng' Report(032408).doc I I - 8 - i I I I i i CSA M-31 TDM Annexation Report PART B Fiscal Year 2007-08 ESTIMATE OF COST PART B ESTIMATE OF COST i The FY 2007-08 budgeted and future revenues and expenditures are shown on the following page. A special fund has been set up for the collection of revenues and expenditures for CSA M- 31. The total cost to provide the TDM services can be recovered from the collection of assessments. Incidental expenses including administration, engineering fees, legal fees and all other costs associated with the TDM services may also included. N:\ContraTY07-08\CSA M-31\EngRpt\M-31_Eng_Report(032408).doc - 9 - I i CSA M-31 TDMAnnexation Report PART B Fiscal Year 2007-08 ESTIMATE OF COST TABLE 2: Transportation Demand Management Program FY 2007-08 Budgeted and Future Annexation Revenues and Expenditures j Future Future Maximum FY 2007-08 Residential Commercial . Future Budgeted Annexation Annexation Revenues Revenue Sources Revenues Revenues Revenues (FY07-08 Dollars) i Contra Costa Centre TDM Reserves S125,651 SO 50 S125,651 CSA M-31 Fund Balance as of July 1,2007 $141,971 $0 $0 $141,971 CSA M-31 FY2007-08 Assessment Levy $200,000 528,386 531,172 $259,558 Contra Costa County Redevelopment Agency $39,389 $0 SO $39,389 $507,011 $28,386 $31,172 $566,569 i Future Future Maximum FY 2007-08 Residential Commercial Future Budgeted Annexation Annexation Expenditures Core TDM Program Expenditures Expenditures Expenditures (FY07-08 Dollars) i Mid-Day Shuttle Program Replacement Van Purchase,Tax&License S77,800 SO $0 $77,800 Marketing,Signage,Schedules S10,000 $0 $1,239 $11,239 Shuttle Operations S42,000 $7,710 $5,206 $54,916 Transit Subsidy Program S48,000 $0 $5,949 $53,949 .Carpool Incentive Program 56,000 $0 S744 56,744 Vanpool Program $21,000 $0 52,603 523,603 Bus Subsidy Program $3,200 $0 5397 53,597 Bike-to-Work Program $500 $0 $62 $562 Marketing $25,000 515,002 $3,099 $43,101 Insurance $25,000 $0 $3,099 $28,099 Program Staff' $32,550 $0 $4,034 $36,584 Benefits Program $3,255 SO $403 $3,658 Contra Costa Centre Association Management $35,000 $5,674 S4,337 $45,011 Contingency S10,000 SO s0 $10,000 Core TDM Program Subtotal $339,305 $28,386 $31,172 $398,863 Future Future Maximum FY 2007-08 Residential 'Commercial Future Budgeted Annexation Annexation Expenditures Intrago GoPoint Mobile Stations Program Expenditures Expenditures Expenditures (FY07-08 Dollars) i Video Surveillance Camera $22,689 SO $0 $22,689 Electrical Installation/Upgrades S16,700 SO $0 $16,700 Capital Expense Subtotal $39,389 $0 $0 $39,389 i Marketing Matcrials/1Vebsite $3,000 $0 $0 S3,000 Installation Logistics Coordinator $6,750 $0 $0 S6,750 Systems Management $22,500 $0 $0 $22,500 Contingencies $10,000 $0 SO $10,000 Management Subtotal $42,250 SO $0 $42,250 i Site Construction&Retrofitting 54,800 SO $0 $4,800 Insurance $10,000 50 $0 $10,000 NEV Purchase $10,000 $0 $0 510,000 Other Expenses Subtotal $24,800 $0 $0 $24,800 i i Intrago GoPoint Mobile Stations Program Subtotal $106,439 $0 $0 $106,439 TDM Program Expenditure Total $445,744 $28,386 $31,172 $505,302 i i Estimated Fund Balance-June 30,2008 $61,267 $0 $0 $61,267 N:\Contra\FY07-08\CSA M-31\EngRpt\M-31_Eng_Report(032408).doc - 10 - i I I I I CSA M-31 TDM Annexation Report PART C Fiscal Year 2007-08 CSA M-31 DIAGRAM i i PART C i CSA M-31 .DIAGRAM i The boundaries of CSA M-31 and the proposed area to be-annexed are completely within the boundaries of Contra Costa County! On the following page is a reduced map showing the boundaries of CSA M-31 and the proposed area to be annexed into CSA M-31. The lines and dimensions of each lot or parcel are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. I I �I i I i I I I I I I I I i I I I I I I I I I I I I I I i I . I I I I I I I I I I I I I I I I I I i I I I I I I � I I I I NAContra\FY07-08\CSA M-31\EngRpt\M-31_Eng_Rcport(032408).doc I I - 11 - I I I I i 1 i I T- I I LL- O I I L W I = W � m y (n N (O f- N M 'sf U) N_ � co co l Z O 0 ? o o v v o 4 9 q 4 _R 9 4 4 1 F N Z N N N N M M IM M N N N N N t� e p W i 4 4 4 4 4 414 Q N N N N N N I w = m a U) N N N N N N N N QO (b M fb C6 Z > j Qti n r- r� ti ti v v v v c v m z (Lw rn Q � O / w p ON d A _a- LU W m Q ' T �- N p' Z it � 1 � 1 W cm ^ N m 1- M M O O: N f� O O �_ N N \ a- I O 5 Q Q co OO Oqt (qqn O O Q Q T Q Q Q y Z o 6 d1 $ d a , w W N N N N N N Q � Q � Nd � � � �LU Q T ° a pw0 � w V T T T T I r3 Z M W U z m � _Q D J J s Q O I U = I Z Q F— ` 3+wo sftw LTJ �- Z Q 8311, V) LLJ � I Oft O Q#X MMD O I F I p: O 1 I � I I I I I I i I i I i EXHIBIT B i CSA M-31 ANNEXATION SAMPLE NOTICE I CONTRA COSTA COUNTY SERVICE AREA M-31 (Pleasant Hill Bart Station Area) Transportation Demand Management Services i NOTICE OF PROPOSED ANNEXATION I I John Rennels 1 Assessor Parcel Number: See attached ballot c/o San Francisco BART District FY 2007-08 Rate per EDU: $0.00 300 Lakeside Drive, 22"d Floor Maximum Residential Rate: $54.38/ developed unit Oakland, CA 94612 Maximum Commercial Rate: $.0957 per developed building sq ft. ' I i I BACKGROUND OF CSA M-31 On July 10, 2002, LAFCO conducted a public hearing and subsequently formed County Service Area M-31 (Pleasant Hill Bart Station Area) (CSA M-311). Properties located within the Pleasant Hill BART Station Area CSA M-31 are assessed annually to fund extended transportation demand management(TDM) programs. These programs include carpooling, vanpooling, ridesharing; flex time, staggered work hours, guaranteed ride home, telecommuting, etc. The property owners within CSA M-31 collectively have a mandate to achieve at least 30% TDM performance (i.e. 30% or more of thel area employees arrive at work via something other than a single occupied car). DESCRIPTION OF SERVICES The following is a list of programs and seryices that have been proposed to be funded in FY 2007-08 by CSA M-31: I I 1) Transit Subsidy Program: Purchase a $48 value BART ticket for $45 and receive one BART ticket free. The purchaser must pledge toltake BART to work a minimum of three days per week. a. Transit Subsidy Program No. 1: 110 participants for six months b. Transit Subsidy Program No. 2: 100 participants for four months 2) Carpool Incentive Program: Provide two Chevron gas cards per carpool per month for six months. a. 20 carpools for 6 months 3) Bus Subsidy Program: .Receive a$53 value County Connection bus pass for six months. a. 10 participants for 6 months 4) Bike-to-Work Incentive Program:11 Bike to work at least three times per week for three months, a minimum of 12 times per month, and receive one free $48 value BART ticket. 5) Vanpool Program: All fuel for yanpools commuting to Contra Costa Centre is paid by the TDM Program. Additionally, TDM program pays $50 per month towards vehicle insurance due to $5,000,000 liability requirement by Contra Costa County. Van # 2 runs from Davis Street, Vacaville, to Oak Road, Walnut Creek, from 6:00 — 7:30 am. and from 3:30 — 4:30 pm. Van # 3 runs from Sonoma Blvd., Vallejo, to Oak Road, Walnut Creek, from 6:45 — 8:00 am. and from 5:00—6:00 pm. 6) Noontime Shuttle: The noontime shuttle runs from 10:30 am. — 2:10 pm, Monday through Friday, with stops at all Centre buildings and between the Contra Costa Centre and Countrywood Shopping Mall. i Page 1 of 4 G:\SpDist\Board Orders\2008\4-15-08Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc I I i I , I � I I . ;EXHIBIT B i CSA M-31 ANNEXATION SAMPLE NOTICE 7) Intrago Light EV Rental System: The Contra Costa Centre partners with Intrago LLC to provide employees with access to local vehicles (segways, electric bicycles, bicycles, electric scooters and NEV vehicles) to use through the Transit Village during the workday. Employees are able to check out vehicles electronically from a kiosk located at the Urban West and Pacific Plaza buildings. 8) Marketing Plan: The marketing plan develops newsletters, posters, brochures and promotional handouts and hosts events and transportation fairs to ensure Centre area workers are informed of the various commute alternatives, subsidies and incentives available to them through the Contra Costa Centre Transportation Demand Management Program. i i These TDM services may be amended annually, including the addition or deletion of the services as required to meet the 30% TDM performance goal as determined by the Contra Costa County in consultation with the Contra Costa Centre Association or its successor. i BASIS FOR CALCULATING ASSESSMENT i Property Classification Developed Residential Property: Developed Residential Property consists of property which has had a residential building permit issued prior to April 30 and is classified by the County Assessor's office as single- family residential, multi-family residential, apartment, condominium, townhome, townhouse, co-op, cluster home or any other type of property which has been developed for residential use for which occupants live and occupy for extended periods of time. Developed Residential Property does not include hotel and motel use. i 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. I 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.. i Benefit Assessment Methodology for 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 isiestimated to be $28,386.36 per year (in FY 2007-08 dollars). Since each residential unit will be similar in size and will receive the same degree of benefit from the residential TDM programs, each residential unit will be charged an equal share of the Residential TDM program costs. It is anticipated that there will be 522 residential units at build-out within the proposed annexation area. Therefore, the maximum annual assessment that can b.e levied is $54.38 per residential unit ($28,386.36 units) in FY 2007- Page 2.of 4 G:\SpDist\Board Orders\2 008\4-1 5-08 Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc I I I. i I EXHIBIT B I CSA M-31 ANNEXATION SAMPLE NOTICE 08 dollars. This maximum assessment 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 index to be used for future calculations is June 2007 (216.123). Any change in the assessment rate per residential unit, 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. i Benefit Assessment Methodology for 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 is 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 FY 2007-08 Assessment List on the following page and will serve as the basis for calculation of the annual assessment for Developed Commercial Property. It is anticipated that there will be 2,487,190 sq. A. of commercial development at build-out within the proposed District. Therefore, the maximum assessment rate per sq. ft. that can be levied is approximately$0.0957 per sq. ft. ($238,121.84/2,487,190 sq. ft.) in FY 2007-08 dollars. This maximum assessment 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 index to be used for future calculations is June 2007 (216.123). Any change in the assessment rate per square foot of Building Floor Area, which is the result of the change in the CPI shall not be deemed an increase in the assessment subject to the requirements of Proposition 218. New Development within the CSA If, prior to April 30 of each year, a new building permit is issued for any residential or commercial parcel within CSA M-31 it shall be classified as a Developed Residential Property or Developed Conunercial Property respectively and assessed the ensuing fiscal year. All exempt properties will not be assessed. I An Annexation 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. I I DURATION OF ASSESSMENT In order to fund extended transportation demand management (TDM) programs within the CSA M-31, the County plans to levy assessments each fiscal year in perpetuity. i AMOUNT OF PROPOSED ASSESSMENT A. Total CSA M-31 Assessment The total Fiscal Year 2007/2008 annual charge for CSA M-31 is $202,362.96. I B. Individual Assessment The total Fiscal Year 2007/2008 annual assessment for your parcel(s) is $0.00. i C. Maximum Assessment Rate Page 3 of 4 G:\Spbist\Board Orders\2008\4-1 5-08 Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc I I i I I I I EXHIBIT B i CSA M-31 ANNEXATION SAMPLE NOTICE i The maximum assessment that could be levied in FY 2007-08 for parcels located within CSA M-31 is $54.38 per developed residential unit and $0.0957 per building sq. ft. for each developed commercial parcel. Each fiscal year their after the maximum assessment may be increased 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 index to be used for future calculations is June 2007.(216.123). I i Based on the proposed development of 522 residential units and 325,590 sq. ft. of commercial retail space your Maximum FY 2007-08 assessment would have been $28,386.36 for the residential units and $31,171.76 for the commercial retail space if building permits had been issued prior to April 30, 2007. PROCEDURES FOR COMPLETING THE BALLOT Accompanying this notice is a ballot, along with a pre-addressed, postage paid return envelope. The ballot may be completed by the property owner(s) or their authorized representative and returned to Contra Costa County to indicate the property owner's support for or opposition to the proposed annexation and levy of assessment. For your ballot to be counted, you must clearly m,'ark the appropriate box, sign the ballot and return it sealed in the enclosed envelope by the conclusion of the public input portion of the public hearing on June 3, 2008. Ballots may be returned either by mail or delivered tol 255 Glacier Drive, Martinez, CA 94553 by the close of the public input portion of the public hearing. If returning your ballot by mail, please allow sufficient time for delivery, so that the County receives your ballot by June 3; 2008. I I INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE The County Board of Supervisors will hold a public hearing on June 3, 2008, to hear testimony regarding the proposed annexation and assessment, to accept ballots, and to determine whether there is a majority protest for or against the annexation and assessment. The public hearing, which will begin at 9:30 a.m., will be held at the Board of Supervisors Chambers, located at 651 Pine Street, Martinez, California. I All ballots, which are returned to Contra Costa County prior to the conclusion of the public input portion of the public hearing, will be tabulated and weighted according to the proportional financial obligation of the affected property. If upon completion of the public hearing and tabulation of the ballots, the County Board of Supervisors determines that a majority ofi the ballots cast, weighted by financial obligation, opposes the annexation and assessment, the annexation and assessment will not be imposed. Respecting the constitutional right to privacy, Contra Costa County will strive to keep the ballot information confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing on June 3, 2008. I i QUESTIONS REGARDING THESE PROCEEDINGS If you have any questions about the proposed increase in the annual charge or this process, please contact Jennifer White at (925) 867-3400. i . I I I i I i I I Page 4 of 4 G:\SpDist\Board Orders\2008\4-1 5-08 Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc I I i I I I i I EXHIBIT C I I CSA M-31 ANNEXATION SAMPLE BALLOT OFFICIAL.PROPERTY OWNER BALLOT I CONTRA COSTAiCOUNTY CSA M-31 (Pleasant-Hill Bart Station Area) i Yes, I SUPPORT the proposed iannexation of Subdivision 05-8950 into CSA M-31 and the annual levy of assessment identified in the ballot notice. I I No, I OPPOSE the proposed annexation of Subdivision 05-8950 into CSA M-31 and the annual levy of assessment identified in the ballot notice. I Property Owner Name(s): San Francisco BART District I I Property Description: Generally the parcels bounded by Las Juntas Way, Coggins Drive, Treat Boulevard & Oak Road I Assessors Parcel Number(s): 148-221-015, 034, 035, 036, 038 & 148-250-071 I I hereby certify under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the property shown above in these proceedings. i I Dated: I Signature I I I I Printed Name of Property Owner/Representative I Once you have voted and signed this ballot, please place the ballot in the enclosed pre-paid, self-addressed return envelope. Your ballot will not be counted if you have not voted, signed the ballot, sealed the envelope and mailed or delivered it to Contra Costa County Public Works Department, Attention: Patty Edwards, located at 255 Glacier Drive, Martinez, CA 94553. All ballots must be received prior to the conclusion of the public input portion of the Public Hearing, which will be held on June 3, 2008, starting at 9:30 a.m., at the Contra Costa County Board of Supervisors Chambers, 651 Pine Street, Martinez, CA. I I I i I I I i I I I I I I GASpDist\Board Orders\200814-I5-08Board Reso(Fining)-Pleasant Hill BART(rev032408).doc I I i I I i i I HEARING CONFIRMATION FORM i I I I Hearing Date: June 3, 2008 at 9:30 a.m. I I Name of Person Phoning to Request Hearing: Angela Bell Phone No.: 313-2170 1 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff on: I ' Agenda Language (how it will read on the calendar): ADOPT Resolution No. 2008/*** accepting the Annexation Engineer's Report for County Service Area M-31, Subdivision 05-8950; declaring the intent to levy and collect assessments and fixing a public hearing for June 3, 2008 to adopt the proposed annual assessments and complete public noticing, Pleasant Hill!BART area. (County Service Area M-31)(District IV) Project No.: I Anticipated length of the hearing: 5i minutes or less X or more i Is it controversial? Yes No X Noticing Requirements: N/A Code Section: N/A j I Publication Requirements: #of times N/A#of days before hearing N/A I Who is to Publish the Notice? COB N/A PWD N/A It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. I If posting of notice is required, who will post? N/A I If mailing the notice is required, who will provide the clerk with the correct mailing list and labels?N/A i When will this "fix hearing item"be listed on the Board agenda as a consent item? April 15,2008 I I I i I Mab G:\SpDist\CSA M-3 I\Annexations\Forms\Board Reso(Fixing)-Form.doc Orig.Div: Public Works(Special Districts) I I i I I I I i G:\SpDist\Board Orders\2008\4-15-08Board Reso(FixI ing)-Pleasant Flill BART(rev032408).doc i i EXHIBIT B I i CSA M-31 ANNEXATION SAMPLE NOTICE i CONTRA COSTA COUNTY SERVICE AREA M-31 (Pleasant Hill Bart Station Area) Transportation Demand Management Services NOTICE OF PROPOSED ANNEXATION I John Rennels Assessor Parcel Number: See attached ballot c/o San Francisco BART District FY 2007-08 Rate per EDU: $0.00 300 Lakeside Drive, 22"d Floor Maximum Residential Rate: $54.38/developed unit Oakland, CA 94612 Maximum Commercial Rate: $.0957 per developed building sq ft. i BACKGROUND OF CSA M-31 On July 10, 2002, LAFCO conducted a public hearing and subsequently formed County Service Area M-31 (Pleasant Hill Bart Station Area) (CSA M-31). Properties located within the Pleasant Hill BART Station Area CSA M-31 are assessed annually to fund extended transportation demand management (TDM)programs. These programs include carpooling, vanpooling, ridesharing; flex time, staggered work hours, guaranteed ride home, telecommuting, etc. The property owners within CSA M-31 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). j DESCRIPTION OF SERVICES The following is a list of programs and services that have been proposed to be funded in FY 2007-08-by CSA M-31: j 1) Transit Subsidy Program: Purchase' a $48 value BART ticket for $45 and receive one BART ticket free. The purchaser must pledge to take BART to work a minimum of three days per week. a. Transit Subsidy Program No.l 1: 110 participants for six months b. Transit Subsidy Program N0.1 2: 100 participants for four months 2) Carpool Incentive Program: Provide' two Chevron gas cards per carpool per month.for six months. a. 20 carpools for 6 months 3) Bus Subsidy Program: Receive a$513 value County Connection bus pass for six months. a. 10 participants for 6 months j 4) Bike-to-Work Incentive Program: jBike to work at least three times per week for three months, a minimum of 12 times per month, and receive one free $48 value BART ticket. 5) Vanpool ProgramAll fuel for vanpools commuting to Contra Costa Centre is paid by the TDM Program. Additionally, TDM program pays $50 per month towards vehicle insurance due to $5,000,000 liability requirement by Contra Costa County. Van # 2 runs from Davis Street,Vacaville, to Oak Road, Walnut Creek, from 16:00 — 7:30 am. and from 3:30 — 4:30 pm. Van # 3 runs from Sonoma Blvd., Vallejo, to Oak Road, Walnut Creek, from 6:45 -8:00 am. and from 5:00—6:00 pm. 6) Noontime Shuttle: The noontime shuttle runs from 10:30 am. — 2:10 pm, Monday through Friday, with stops at all Centre buildings and between the Contra Costa Centre and Countrywood Shopping Mall. I Page 1 of 4 G:\SpDist\Board Orders\2008\4-15-08Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc . I ` I i EXHIBIT B CSA M-31 ANNEXATION SAMPLE NOTICE 7) Intrago Light EV Rental System The Contra Costa Centre partners with Intrago LLC to provide employees with access to local vehicles (segways, electric bicycles, bicycles, electric scooters and NEV vehicles) to use through the Transit Village.during the workday. Employees are able to check out vehicles electronically from a kiosk located at the Urban West and Pacific Plaza buildings. 8) Marketing Plan: The marketing plan develops newsletters, posters, brochures and promotional handouts and hosts events and transportation fairs to ensure Centre area workers are informed of the various commute alternatives, subsidies and incentives available to them through the Contra Costa Centre Transportation Demand Management Program. These TDM services may be amended annually, including the addition or deletion of the services as required to meet the 30% TDM performance goal as determined by the Contra Costa County in consultation with.the Contra Costa Centre Association or its successor. BASIS FOR CALCULATING ASSESSMENT Property Classification Developed Residential Property: Developed Residential Property consists of property which has -had a residential building permit issued prior to lApril 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 whichihas been developed for residential use for which occupants live and occupy for extended periods of time. Developed Residential Property does not include hotel and motel use. Developed Commercial Property: Developed Commercial Property consists of property which has had a commercial building permit issued prior to April 30 and is classified by the County Assessor's office as commercial property. Developed Commercial Property includes, but is not limited to, retail stores and shopping centers, office buildings, conference centers, hotels and motels, or any other type of property which has been developed for commercial use. Exempt Property: Exempt property consists of property not classified as Developed Residential Property or Developed Commercial Property. However, Exempt Property does include property that had been previously classified as Developed Residential Property or Developed Commercial Property which has subsequently had the building structure located on the parcel demolished prior to April 30. This parcel would then remain as an Exempt Property until such time another building permit is issued prior to April 30 to reclassify the parcel as Developed Residential Property or Developed Commercial Property, Exempt Property also includes: parking lots, parking garages, roadways, open space and undeveloped property for which a building permit has not been issued prior to April 30. Benefit Assessment Methodology for 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 is estimated to be $28,386.36 per year (in FY 2007-08 dollars). Since each residential unit will be similar in size and will receive the same degree of benefit from the residential TDM programs, each residential unit will be charged an equal share of the Residential TDM program costs. It is anticipated that there will be 522 residential units at build-out within the proposed annexation area. Therefore, the maximum annual assessment that canbe levied is $54.38 per residential unit ($28,386.36 units) in FY 2007- Page 2 of 4 G:\SpDist\Board Orders\2008\4-15-08Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc i EXHIBIT B CSA M-31 ANNEXATION SAMPLE NOTICE 08 dollars. This maximum assessment niay 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 index to be used for future calculations is June 2007 (216.123). Any change in the assessment rate per residential unit, 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. Benefit Assessment Methodology for 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 is 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 lof 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 FY 2007-08 Assessment List on the following page and will serve as the.basis for calculation of the annual assessment for Developed Commercial Property. It is anticipated that there will be 2,487,190 sq. ft. of commercial development at build-out within the proposed District. Therefore, the maximum assessment rate per sq. ft. that can be levied is approximately$0.0957 per sq. ft. ($238,121.84/2,487,190 sq. ft.) in FY 2007-08 dollars. This maximum assessment 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 index to be used for future calculations is June 2007 (216.123). Any change in the assessment rate per square foot of Building Floor Area, which is the result of the change in the CPI shall not be deemed an increase in the assessment subject to the requirements of Proposition 218. New Development within the CSA If, prior to April 30 of each year, a new building permit is issued for any residential or commercial parcel within CSA M-31 it shall be classified as a Developed Residential Property or Developed Commercial Property respectively and assessed the ensuing fiscal year. All exempt properties will not be assessed. An Annexation 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. DURATION OF ASSESSMENT In order to fund extended transportation Idemand management (TDM) programs within the CSA M-31, the County plans to levy assessments each fiscal year in perpetuity. AMOUNT OF PROPOSED ASSESSMENT A. Total CSA M-31 Assessment The total Fiscal Year 2007/2008 annual chiarge for CSA M-31 is $202,362.96. B. Individual Assessment The total Fiscal Year 2007/2008 annual assessment for your parcel(s) is $0.00. C. Maximum Assessment Rate Page 3 of 4 G:\SpDist\Board Orders\2008\4-15-08Board Rcso(Fixing)-Pleasant Hill BART(rev032408).doc EXHIBIT B CSA M-31 ANNEXATION SAMPLE NOTICE The maximum assessment that could be levied in FY 2007-08 for parcels located within CSA M-31 is $54.38 per developed residential unit.and $0.0957 per building sq. ft. for each developed commercial parcel. Each fiscal year their after the maximum assessment may be increased 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 index to be used for future calculations is June 2007 (216.123). Based on the proposed development of 522 residential units and 325,590 sq. ft. of commercial retail space your Maximum FY 2007-08 assessment would have been $28,386.36 for the residential units and $31,171.76 for the commercial retail space if building permits had been issued prior to April 30, 2007. PROCEDURES FOR COMPLETING THE BALLOT Accompanying this notice is a ballot, along with a pre-addressed, postage paid return envelope. The ballot may be completed by the property owner(s) or their authorized representative and returned to Contra Costa County to indicate the property owner's support for or opposition to the proposed annexation and levy of assessment. For your ballot to be counted, you must clearly mark the appropriate box, sign the ballot and return it sealed in the enclosed envelope by the conclusion of the public input portion of the public hearing on June 3, 2008. Ballots may be returned either by mail or delivered to 255 Glacier Drive, Martinez, CA 94553 by the close of the public input portion of the public hearing. If returning your ballot by mail, please allow sufficient time for delivery, so that the County receives your ballot by June 3, 2008. INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE The County Board of Supervisors will hold a public hearing on June 3, 2008, to hear testimony regarding the proposed annexation and assessment, to accept ballots, and to determine whether there is a majority protest for or against the annexation and assessment. The public hearing, which will begin at 9:30 a.m., will be held at the Board of Supervisors Chambers, located at 651 Pine Street, Martinez, California. I All ballots, which are returned to Contra Costa County prior to the conclusion of the public input portion of the public hearing, will be tabulated and weighted according to the proportional financial obligation of the affected property. If upon completion of the public hearing and tabulation of the ballots, the County, Board of Supervisors determines that a majority of the ballots cast, weighted by financial obligation, opposes the annexation and assessment, the annexations and assessment will not be imposed. Respecting the constitutional right to privacy, Contra Costa County will strive to keep the ballot information confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing on June 3, 2008. i QUESTIONS REGARDING THESE PROCEEDINGS If you have any questions about the proposed increase in the annual charge or this process, please contact Jennifer White at(925) 867-3400. Page 4 of 4 G:\SpDist\Board Orders\2008\4-15-08Board Reso(Fixing)-Pli asant Hill BART(rev032408).doc i i EXHIBIT C CSA M-31 ANNEXATION SAMPLE BALLOT OFFICIAL PROPERTY OWNER BALLOT .: CONTRA COSTA COUNTY.CSA M-3V ::..::....:.. �PleasantH V134rf Station Area ® Yes, I SUPPORT the proposed annexation of Subdivision 05-8950 into CSA M-31 and the annual levy of assessment identified in the ballot notice. No, I OPPOSE the proposed annexation of Subdivision 05-8950 into CSA M-31 and the annual levy of assessment identified in the ballot notice. Property Owner Name(s): San Francisco BART District i Property Description: Generally the parcels bounded by Las Juntas Way, Coggins Drive, Treat Boulevard & Oak Road Assessors Parcel Number(s): 1481-221-015, 034, 035, 036, 038 & 148-250-071 I I hereby certify under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the property shown above in these proceedings. i Dated: Signature' Printed Name of Property Owner/Representative Once you have voted and signed this ballot, please place the ballot in the enclosed pre-paid, self-addressed return envelope. iYour ballot will not be counted if you have not voted, signed the ballot, sealed the envelope and mailed or delivered it to Contra Costa County Public Works Department, Attention: Patty Edwards, located at 255 Glacier Drive, Martinez, CA 94553. All ballots must be received prior oto the conclusion of the public input portion of the Public Hearing, which will be held on June 3, 2008, starting at 9:30 a.m., at the Contra Costa County Board of Supervisors Chambers, 651 Pine Street, Martinez, CA. I i i i G:\SpDist\Board 0rders\2008\4-15-08Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc HEARING CONFIRMATION FORM I Hearing Date: June 3, 2008 at 9:30`a.m. Name of Person Phoning to Request!Hearing: Angela Bell Phone No.: 313-2.170 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff on: Agenda Language (how it will read on the calendar): ADOPT.Resolution No. 2008/*** accepting the Annexation Engineer's Report for County Service Area M=31, Subdivision 05-8950; declaring the intent to levy and collect assessments and fixing a public hearing for June 3, 2008 to adopt the proposed annual assessments and complete public noticing, Pleasant Hill BART area. (County Service Area M-31)(District IV) Project No.:7476-6X5195 Anticipated length of the hearing: 5 minutes or less X or more Is it controversial? Yes No X Noticing Requirements: N/A Code Section: N/A Publication Requirements: # of times)N/A# of days before hearing N/A Who is to Publish the Notice? COB N/A PWD N/A It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution; the publication' cannot be ordered until the Resolution is adopted by the Board of Supervisors. If posting of notice is required, who will post? N/A If mailing the notice is required, who jwill provide the clerk with the correct mailing list and labels? N/A When will this "fix hearing item"be listed on the Board agenda as a consent item? April 15, 2008 JW:ab G:\.SpDist\CSA M-3I\Annexations\Forms\Board Reso(Fixing)-Form.doc Orig.Div: Public Works(Special Districts) G:\SpDist\Board Orders\2008\4-1 5-08 Board Reso(Fixing)-Pleasant Hill BART(rev032408).doc I