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HomeMy WebLinkAboutRESOLUTIONS - 01272003 - 99-314 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Acting as the Board of Directors, Contra Costa County Water Agency Adopted this Order on June 22, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIA.MII.LLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 99/314 DECLARATION OF INTENTION TO FORM MAINTENANCE ASSESSMENT DISTRICT DESIGNATED SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK. SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999-1, CONTRA COSTA COUNTY WATER AGENCY AND STOCKTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS AGREEMENT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA WHEREAS, the Board of Directors of the Contra Costa County Water Agency(the "Agency"), a special district, and the Board of Commissioners of the Stockton Port District (the "District"), a port district, (and collectively referred to as the"Parties) have authorized the execution of a Joint Exercise of Powers Agreement(the"Agreement")under Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California(commencing with Section 6500 and following)(the"Joint Powers Law"), and Section 1240.140 of the Code of Civil Procedure, for the purpose of jointly establishing a maintenance assessment district for the Suisun Bay Channel and New York Slough Channel of the San Francisco Bay to Stockton, California Federal navigation project; WHEREAS under that Agreement the Parties may jointly exercise any power common to the contracting parties; WHEREAS, the Agency and the District have authorized the execution of Amendment Number 1 ("Amendment Number I")to the Agreement Between the United States of America and the Stockton Port District for Local Cooperation on the San Francisco Bay to Stockton, California(John F. Baldwin and Stockton Ship Channels)Project, Avon To.Stockton(the "Project") (the"Local Cooperation Agreement") as of May 6, 1982 to provide the non-Federal cooperation required by Congress as a condition of construction by the United States Army Corps of Engineers ("USACE") as authorized in the River and Harbor Act of 1965 (Public Law 89-298); WHEREAS, the Project as the last navigation improvement project constructed in the State of California at 100%Federal cost and expense, and no required local contribution by the non-Federal sponsor and private beneficiaries is required except as provided in the Agreement; i WHEREAS, under Amendment Number 1,the Agency assumes shared responsibility with the District for providing those items of required local cooperation for the Suisun Bay Channel and the New York Slough Channel segments of the Project, and as Joint Local Sponsor is eligible to cost-share with the United States Government in the cost of construction of dredged material disposal facilities under Section 201 of the Water Resources Development Act of 1996 (Public Law 104-303) ("WRDA 1996"); WHEREAS, under the Local Cooperation Agreement and applicable Federal law, the Federal Government pays 100% of the cost of actual dredging and the non-Federal sponsor pays 100% of the cost of providing upland dredged material disposal areas, and both share in the cost of related improvements to disposal areas in the ratio of 65%Federal and 35%non-Federal expenditures; WHEREAS, without the Agency serving as Local Sponsor for those segments of the Project, the Federal Government has indicated it will not pay the cost of project maintenance estimated to be $5,135,000 per year for the 150,000 cubic yards for the Suisun Bay Channel, and 100,000 cubic yards per year for the New York Slough Channel segments of the Project; WHEREAS, under the Local Cooperation Agreement the primary local responsibility is to provide and maintain upland disposal areas, and related improvements for dredged material disposal and beneficial reuse; WHEREAS, without continuous channel maintenance, dangerous and unpredictable shoaling may occur causing vessel delays, groundings, and collisions, and posing a threat to life and property, health, safety and welfare, and economic dislocation in the surrounding areas served by the Project; WHEREAS, owners and users of contiguous waterfront property located both adjacent or in proximity to, and upstream of, the Project specially benefit from the maintenance of the project by the actual or potential access or use of the Project reflected in the economic value and benefit of riparian ownership, access, or use of waterfront parcels for transportation and waterborne commerce; WHEREAS, establishment of a maintenance assessment district is a fair and equitable manner of apportioning the costs of continued channel maintenance, and related improvements, among private beneficiaries specially benefiting from maintenance of the navigable Federal channels; WHEREAS, the Board of Directors of the Agency is considering the formation of an assessment district jointly with the District,under Section 6365 of the Harbors and Navigation Code of the State of California and the Municipal Improvement Act of 1911 (the "1911 Act") (Chapter 26 of Part 3 of Division 7 (commencing with Section 5820) of the California Streets and Highways Code, for the purpose of ordering that the costs and expenses of operation and maintenance of the Project and related.improvements (consisting generally of providing upland disposal sites as a condition of continued operation and maintenance of channel improvements previously constructed by the Federal Government at 100%Federal expense) shall be assessed upon the real property lying within the proposed district to be benefited by the operation and maintenance of the Project and related improvements; 2 WHEREAS, the Board desires to declare its intention to order the operation and maintenance of those improvements, to declare the work to be of more than local or ordinary benefit, to describe the lands to be specially assessed to pay the costs and expenses of maintaining the Project and related improvements, and that the amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied and collected; WHEREAS, the lands to be specially assessed for the operation and maintenance of channel improvements shall be included within a maintenance assessment district hereinafter designated; WHEREAS, under Section 5872 of the Streets and Highways Code and subsection (i) of Section 6365, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 (commencing with Section 2800) of the California Streets and Highways Code) is not applicable to these proceedings; and WHEREAS, there has been prepared and presented to this meeting a map of the proposed boundaries of the maintenance assessment district (the "Boundary Map of Maintenance Assessment District 1999-1") showing the boundaries of the area proposed to be assessed for the maintenance of the Project and related improvements; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Contra Costa County Water Agency, as follows. SECTION 1. The office of the Clerk of the Board of Supervisors, and the County Recorder, are designated as the place for recordation of the assessment roll and diagram which shall be kept as a permanent record of the maintenance assessment district. SECTION 2. The public interest and convenience, and health, safety and welfare require, and it is the intention of the Board, pursuant to the provisions of Section 6365 of the Harbors and Navigation Code and the 1911 Act, to order the costs and expenses of operating and maintaining items of required local contribution under the Local Cooperation Agreement, and related improvements, in a maintenance assessment district (the "Maintenance Assessment District"), and the District is concurrently in separate proceedings declaring its intention to form a maintenance assessment district for the same purpose, designated as: SAN FRANCISCO BAY TO STOCK.TON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK. SLOUGH CHANNEL)AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1" SECTION 3. The certain operation and maintenance costs and expenses (the it and maintenance costs and expenses")to be paid with the proceeds of the assessments levied under these proceedings, those amounts so assessed to be levied and collected in the same manner and by the same officers as taxes for county purposes are levied collected, are generally described as follows: 3 SUNRViARY COST ESTIMATE As preliminarily As confirmed and, approved recorded or as modified after recording Total cost of operations and maintenance of general navigation features of Project for five years (7a $5,135,000/year (100%Federal contribution) $5,675,000 $ Cost of use of upland disposal site Acquisition(100%Local contribution) @$30,000/year for first two years $60,000 $ Cost of use of permanent upland site Improvements (35%Local contribution $700,000 per year for last three years) $700,000 $ Cost of use of permanent upland site Improvements(65%Federal contribution $1,300,000 per year for last three years) $3,900,000 $ Administrative costs ($25,000/year) for five years $125,000 $ One time Project Cooperation Agreement(PCA) Amendment to acknowledge upland site use $20,000 $ Past assessment district expenses $250,000 $ Total operation and maintenance(O&M) costs Subject to assessment for five years $320130,000 $ Subtotal of costs allocated to Federal Government Parcels (deducted from total O&M costs) subject to assessment or offset for five years $29,575,000 $ Subtotal of costs allocated to non-Federal parcels for Assessment or offset for five years $2,5551000 $ Ccntingency to assessment costs $311,000 $ Balance of assessment or offset apportioned among non-Federal parcels $2,866,000 $ SECTION 4. Those operations and maintenance costs and expenses are of direct and special benefit to the properties and land within the Assessment District, and the Board hereby declares its intention to make the operations and maintenance costs and expenses chargeable upon those properties, which properties the Board intends to declare to constitute the Maintenance Assessment District benefited by those operations and maintenance costs and expenses, and to be assessed to pay the costs and expenses of the Maintenance Assessment District, including incidental costs and expenses, described as follows: All that certain territory included within the exterior boundary lines shown on the Boundary Map of Maintenance Assessment District 1999-1 exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said Improvements in the Maintenance Assessment District on file with the Clerk of the Board of Supervisors, and the County Recorder, excepting therefrom the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and those easements and rights-of-way therein contained dedicated to the public. For all particulars as to the boundaries of the Assessment District, refer to the Boundary Map of Maintenance Assessment District 1999-1. SECTION 5. The Boundary Map of Maintenance Assessment District 1999-1 is hereby approved and adopted. SECTION 6. The original Boundary Map of Maintenance Assessment District 1999-1, and one copy thereof, shall be filed in the Office of the Clerk of the Board of Supervisors. SECTION 7. The Boundary Map of Maintenance Assessment District 1999-1 shall govern for all details as to the extent of the Maintenance Assessment District. SECTION 8. The Secretary of the Board of Directors shall endorse on the original and at least one copy of the Boundary Map of Maintenance Assessment District 1999-1 the Clerk's certificate evidencing the date and adoption of this Resolution of Intention (the "Resolution of Intention") SECTION 9. Under Section 3111 of the California Streets and Highways Code, the Secretary of the Board of Directors is directed to file a copy of the Boundary Map of Maintenance Assessment District 1999-1 in the Office of the County Recorder of the County of Contra Costa within fifteen (15) days of the adoption of the resolution fixing the time and place of hearing on the formation and extent of the Assessment District. The Boundary Map Maintenance Assessment District 1999-1 shall be in the form prescribed in Section 3110 of the California Streets and Highways Code. SECTION 10. Under Sections 5130, 5341-43, and 5830 of the 1911 Act, the Board hereby refers the proposed operations and maintenance and related improvements to the firm of Michael H. Cheney, P.E. (the "Assessment Engineer"), and directs the engineer to make and file a written report substantially in the form described in Section 10204 of the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code (the"1913 Act") (the"Preliminary Engineer's Report"), including the following: 5 (1)Pians and specifications of the proposed operations and maintenance to be conducted and related improvements which have not been already installed and which are to be acquired. The pians and specifications need not be detailed and are sufficient if they show or describe the general nature, location and extent of the improvements. The plans and specifications may be prepared as separate documents, or either, or both, may be incorporated in the report as a combined document. (2) A description of the proposed works and appliances already installed and any other property necessary or convenient for the operation and maintenance of the improvement to be conducted under these proceedings. (3)The Assessment Engineer's analysis of the cost of the proposed operation and maintenance to be conducted, and of the cost of lands, rights-of-way, easements and incidental expenses as enumerated in said report in connection therewith. (4) A diagram showing, as they existed at the time of the passage of this Resolution of Intention, all of the following: (a)The exterior boundaries of the Maintenance Assessment District; (b) The boundaries of any zones within the Maintenance Assessment District; (c)The lines and dimensions of each parcel or subdivision of land within the Maintenance Assessment District. Each subdivision shall be given a separate number upon said diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. (5)A proposed assessment of the total amount of the cost and expenses of the proposed operations and maintenance upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by each subdivision, respectively from the operation and maintenance, including,but not limited to environmental impact reports, feasibility studies, engineering plans, costs estimates and legal expenses, and administrative expenses upon the several subdivisions of land in the Maintenance Assessment District in proportion to the estimated benefits to be received by each such subdivision, respectively, from the operations and maintenance. The assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 11. If any excess shall be realized from the assessment after the construction and acquisition of the Improvements and payment or provision for the payment of all costs and expenses in connection with the Assessment District, such excess shall be used, in such amounts as this Board may determine under the Agreement. SECTION 12. The Board hereby establishes a special fund designated the John F. Baldwin(Avon to New"York Slough) Maintenance Fund into which moneys may be transferred at any time to expedite the operation and maintenance of the Project and related improvements may be deposited and costs and expenses paid. 6 SECTION 13. The Board finds and determines by clear and convincing evidence that all public /property in the use and performance of a public function does not benefit from the operation and maintenance of the project and related improvements and shall be emitted from assessment in these proceedings unless expressly provided and listed herein. SECTION 14. The public interest, convenience and necessity may require that certain land, rights-of-way or easements be obtained in order to allow the operation and maintenance of the project and related improvements to be undertaken under the Agreement. SECTION 15. Under Streets and Highways Code Section 5660, any legal challenge to the proceedings or to the assessment (including without limitation any challenge pursuant to Article XIIID) must be brought within 30 days of the confirmation of the assessment, and thereafter,the assessment will be incontestable. SECTION 16. This resolution shall take effect immediately upon its adoption. 7 CERTIFICATE OF RECORDING OFFICER The undersigned, duly qualified and acting Secretary of the Board of Directors of the Contra Costa County Water Agency, do hereby certify: That the foregoing and attached Resolution is a true and correct copy of Resolution No. 99-314 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY WATER AGENCY DECLARING ITS INTENTION TO FORM.A MAINTENANCE ASSESSMENT DISTRICT DESIGNATED SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL) MAINTENANCE ASSESSMENT DISTRICT 1999-1, CONTRA COSTA COUNTY WATER AGENCYAND STOCKTON PORT DISTRICT UNDER JOINT EXERCISE OF POWERS AGREEMENT, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA as regularly adopted at a legally convened meeting of the Board of Directors of the Contra Costa County Water Agency, duly held on the 22nd day of June, 1999; and, further, that such Resolution has been fully recorded in the Journal of Proceedings and Records in my office, and said Resolution is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 2.4 th day of 1999. t''� Phil Batchelor, Secretary, Board of Directors Contra Costa County Water Agency ti4� CA21199=County.doc 8