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Home My WebLink About07-009CAF BUTTE, STATE OF CAt~if`Q~i v ~. 3 ~±~;~~ } Resolution No . 07-010 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE INCREASING PARK FACILITY FEES IN THE PARADISE RECREATION AND PARK DISTRICT WHEREAS, the Board of Supervisors of the County of Butte, by Ordinance Number 3887, adopted on October 26, 2004, added Article VII to Chapter 16 of the Butte County Code authorizing the assessment and levying of Park Facility Fees on any owner of real property located in the unincorporated area of the Paradise Recreation and Park District adding residential dwelling units to such property, in order to fund the cost of the additional park facilities which will be necessary in order to meet the recreational needs of the new residents resulting from such developments; and WHEREAS, the Board of Supervisors, by Resolution Number 04-199 adopted October 26, 2004, established the Park Facility Fees; and WHEREAS, the Board of Supervisors, by Ordinance No. 3932 adopted on 3/28/06 amended sections 16-77, 16-80, 16-81 and 16-82 of Article VII, Chapter 16; and WHEREAS, the Board of Supervisors, by this Resolution, desires to amend the amount of said Park Facility Fees in the manner provided for in said Article VII of Chapter 16 of the Butte County Code; demonstrates that such fees comply with all of the requirements in Section 16-78 of said Article and Chapter of the Butte County Code; and, by reason thereof, confirms that such Park Facility Fees meet -1- Section 16-78 of said Article and Chapter of the Butte County Code; and, by reason thereof, confirms that such Park Facility Fees meet each of the "nexus" requirements set forth in Section 66001 of the California Government Code, all for the reasons set out in Section 16- 75 of said Article and Chapter of the Butte County Code; and WHEREAS, the Board of Supervisors has determined that the amount of the increase in the cost of acquiring and developing park facilities shall be determined by using the inflation rate of the Engineering News Record Construction Cost Index for San Francisco as last published in the Engineering News Record McGraw Hill Construction Weekly. The Board of Supervisors has determined that the increase in the cost of acquiring parkland shall be determined by using the net percentage change in the median home price pertaining to zip codes in the unincorporated areas of the District; and WHEREAS, the Board of Supervisors has considered this Resolution at a public hearing, notice of which was given in the manner provided for by Sections 66004, 66016, 66017(a) and 66018 of the California Government Code. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte as follows: 1. The Board of Supervisors adopts the Park Facility Fees, set forth in Exhibit A, attached hereto. These fees are justified by Resolution No. 06-10-1-285 from the Paradise Recreation and Park District dated October 10, 2006 attached hereto as Exhibit B. 2. The Board of Supervisors finds that the Park Facility Fees -2- 1~ Paradise RPD -Proposed Park Facility Fees Unincorporated Areas of the District Park Land Park Land Aqautic ~ District Total Cost Housing Type Acquisition ~ Deaelopment s Facilities z Facilities 2 Per Sq, Ft. Single Family Dwelling $0.182 $0.247 $0.034 $0.042 $0.51 Multi-Family Unit $0.312 $0.426 $0.059 $0.073 $0.87 Residential Additions $0.182 $0.247 $0.034 $0.042 $0.51 Notes: ~ Adjusted by the net change in the median home price from July 2003 thru June 2004 to July 2005 thru June 2006 for the unincorporated area of the District. z Adjusted by the nek change in the Engineering News Record Construction Cost Index for San Francisco from October 2004 to August 2006. ,. A `---Paradise ecreation & Park An Independent Special District Serving Your Community D1StriCt ~ Mike Trinca \ ~ District Manager RESOLUTION #06-10-1-285 A RESOLUTION OF-THE PARADISE RECREATION AND PARK DISTRICT BOARD OF DIlZECTORS REQUESTING THAT THE BUTTE COUNTY BOARD OF SUPERVISORS INCREASE THE DEVELOPMENT IlVIPACT FEES FOR THE PARADISE RECREATION AND PARK DISTRICT WITHIN THE UNINCORPORATED BOUNDARIES OF THE DISTRICT WHEREAS, the Butte County Board of. Supervisors set Development Impact Fees for the Paradise Recreation and Park District on the 26`h day of October 2004 by unanimously approving Resolution #04-] 99; and WHEREAS, the Butte County Board of Supervisors passed and adopted adding Article VII to Chapter 16 of the Butte County Code on the 26`h day of October 2004 to establish Development Impact Fees in the unincorporated portion of the Paradise Recreation and Park District; and WHEREAS, the Butte .County Board of Supervisors revised Article VII to Chapter 16 of the Butte County Code on the -28th day of March 2006 which outlines the method on which Development Impact fees may be increased; and WHEREAS, the Butte County Board of Supervisors advised Recreation and Park Districts within Butte County to revisit their Development Impact Fees schedule every two to three years to determine whether or not a fee adjustment should tie recommended;. and WHEREAS, the Paradise Recreation and Park District Board of Directors hired SCI Consulting Group to update the District's Development Impact Fees; and WHEREAS, the Paradise Recreation and Park District Board of Directors gave notice and conducted a Pubic Hearing on the results of this update on the 10~' day of October 2006; and WHEREAS, the Paradise Recreation and Park District Board of Directors would like to request as a result of this update, attached here within as Exhibit A, that the Butte County Board of Supervisors adjust the District's Development Impact Fees as follows: • Sirigle Family Dwelling $0.50 per square foot • Multi-Family Unit $0.86 per square foot • Residential Additions $0.50 per square foot 6626 Skyway Paradise, California 95969 Phone (530) 872-6393 Fax (530) 872-8619 E-mail: prpd@sbcglobal.net www.paradiseprp m , ~~ ~*~~Q~ S [lP, „''~~' • V` .• ••. r +~. -.,J ~,, • ~,, ~ s- ,z. ~~ BOARD C» SUPERV~~~J~~` C~OU~TY OF BUTTE, STATE Of CALIFORNIA Resolution No. 0~-009 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING AND ADOPTING EXHIBIT 9-A "DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES" AS REVISED WHEREAS, the County of Butte was required to develop and submit Exhibit 9-A "Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies" adopting Caltrans Disadvantaged Business Enterprise (DBE) Program Plan as a condition of receiving federal financial assistance on DOT-assisted contracts, pursuant to the State of California's Department of Transportation's (Caltrans) May 1, 2006 Race-Neutral Program directives; and WHEREAS, the County of Butte Board of Supervisors authorized approval and adoption of said Exhibit 9-A "Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies" at the regular Board of Supervisors' meeting of June 27, 2006 by Resolution No. 06-098; and WHEREAS, the State of California's Department of Transportation's (Caltrans) Civil Rights Program has made technical changes to the Caltrans Disadvantaged Business Enterprise (DBE) Program Plan to read identically to the Federal Code of Regulations, 49 CFR, Part 26.51; and WHEREAS, the County of Butte was required to develop and submit an amended Exhibit 9-A "Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies" as revised by Caltrans to maintain consistency with the Caltrans Disadvantaged Business Enterprise (DBE) Program Plan, pursuant to the State of California's Department of Transportation's (Caltrans) November 15, 2006 Division of Local Assistance directives; and WHEREAS, Board of Supervisors adoption is required to ensure compliance with Department of Transportation federal funding requirements, provisions and financial responsibilities; and NOW, THEREFORE, BE IT RESOLVED, that the County of Butte Board of Supervisors does hereby authorize the approval and adoption of the Exhibit 9-A "Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies", as revised, and authorizes the Director of Public Works to sign and submit such to Caltrans, on behalf of the County of Butte. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 9th day of January , 2007, by the following vote: AYES: Supervisors Connelly, Kirk, Josiassen, Yamaguchi and Chair Dolan NOES: None ABSENT: None NOT VOTING: None ~' ja . . '~ ~a i., , .6' S. Board of Supervisors ATTEST: Paul Offic By: Local Assistance Procedures M it EXHIBIT 9-A DBE Race-Neutral Implementation Agreement for Local Agencies Exhibit 9-A Disadvantaged Business Enterprise Race-Neutral Implementation Agreement for Local Agencies DISADVANTAGED BUSINESS ENTERPRISE RACE-NEUTRAL IMPLEMENTATION AGREEMENT FOR LOCAL AGENCIES Page 9-27 LPP 06-03 July 21, 2006 Local Assistance Procedures M: l Exhibit 9-A DBE Race-Neutral Implementation Agreement for Local Agencies IV Annual DBE Submittal Form (§26.21) The RECIPIENT will provide to the Caltrans District Local Assistance Engineer (DLAE) a completed Local Agency DBE Annual Submittal Form (Exhibit 9-B) by June 1 of each year for the following Federal Fiscal Year (FFY). This form includes an Annual Anticipated DBE Participation Level (AADPL), methodology for establishing the AADPL, the name, phone number, and electronic mailing address of the designated DBELO, and the choice of Prompt Pay Provision to be used by the RECIPIENT for the following FFY. V Race-Neutral Means of Meeting the Annual DBE Goal (§26.51) RECIPIENT will assist Caltrans to achieve its Overall Statewide DBE Goal by using race-neutral means of facilitating DBE participation. Race-neutral DBE participation includes any time a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low-bid system to award subcontracts). Race-neutral means include, but are not limited to, the following: 1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate DBE, and other small businesses, participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces); 2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs, and other small businesses, obtain bonding and financing); 3. Providing technical assistance and other services; 4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs, and other small businesses, on recipient mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate); 5. Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBEs and other small businesses; 6. Providing services to help DBEs, and other small businesses, improve long-term development, increase opportunities to participate in a variety of types of work, handle increasingly significant projects, and achieve eventual self-sufficiency; 7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low; 8. Ensuring distribution of your DBE directory, through print and electronic means, to the widest feasible universe of potential prime contractors; and 9. Assisting DBEs, and other small businesses, to develop their capability to utilize emerging technology and conduct business through electronic media. Page 9-29 LPP 06-06 November 14, 2006 Local Assistance Procedures M ~1 Exhibit 9-A DBE Race-Neutral Implementation Agreement for Local Agencies VIII Federal Financial Assistance Agreement Assurance (§26.13) RECIPIENT will sign the following assurance, applicable to and to be included in all DOT-assisted contracts and their administration, as part of the program supplement agreement for each project. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE Program, as required by 49 CFR, Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). [Note -this language is to be used verbatim, as it is stated in §26.13(a).] IX DBE Financial Institutions (§26.27) It is the policy of the RECIPIENT to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to snake use of these institutions. Information on the availability of such institutions can be obtained from the DBELO. The Caltrans' Disadvantaged Business Enterprise Program may offer assistance to the DBELO. X Directory (§26.31) RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program's website at www.dot.ca.gov/hq/bep. XI Required Contract Clauses (§§26.13, 26.29) RECIPIENT ensures that the following clauses or equivalent will be included in each DOT-assisted prime contract: A. CONTRACT ASSURANCE The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration ofDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. [Note -This language is to be used verbatim, as is stated in §26.13(b). See Caltrans Sample Boiler Plate Contract Documents on the Internet at www.dot.ca.gov/hq/LocalPrograms under "Publications."] Page 9-31 LPP 06-03 July 21, 2006 Local Assistance Procedures M .~1 Exhibit 9-A DBE Race-Neutral Implementation Agreement for Local Agencies 3. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency's prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. XII Local Assistance Procedures Manual The RECIl'IENT will advertise, award and administer DOT-assisted contracts in accordance with the most current published Local Assistance Procedures Manual (LAPM). XIII Bidders List (§26.11) The RECIl'IENT will create and maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on its DOT-assisted contracts. The bidders list will include the name, address, DBE/non- DBE status, age, and annual gross receipts of the firms. XIV Reporting to the DLAE RECIPIENT will promptly submit a copy of the Local Agency Bidder-DBE Information (Exhibit 15-G "Local Agency Bidder-DBE (Construction Contracts) -Information" or Exhibit 10-0 "Local Agency Proposer/Bidder- DBE (Consultant Contracts)-Information" of the LAPM) to the DLAE at the time of execution of consultant or construction contract award. RECIPIENT will promptly submit a copy of the Final Utilization of DBE participation to the DLAE using Exhibit 17-F "Final Report -Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors" of the LAPM immediately upon completion of the contract for each consultant or construction contract. XV Certification (§26.83(a)) RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program will participate as DBEs on DOT-assisted contracts. Page 9-33 LPP 06-03 July 21, 2006 Attachment A ~~r ¢' COUNTY OF BUTTE a ~`4: ~ DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM " ' ° ~ ORGANIZATIONAL CHART COUNTY OF BUTTE BOARD OF SUPERVISORS Mr. Paul McIntosh Chief Administrative Officer Mr. Paul Lundbom DBE Liaison Officer Senior Civil Engineer Felicia McDowell DBE Support Staff Assistant Engineer DBE Liaison Officer Contact Information: Mr. Paul Lundbom Senior Civil Engineer Department of Public Works County of Butte 7 County Center Drive Oroville, CA 95965 Phone (530) 538-7681; Fax (530) 538-7171 E-mail: PLundbom@buttecounty.net