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HomeMy WebLinkAboutMINUTES - 05212013 - C.17RECOMMENDATION(S): ADOPT Resolution No. 2013/225 accepting the Fiscal Year 2013/2014 Annual Report for County Service Area M-28 (CSA M-28) and declaring the intent to levy and collect the annual service charge; FIX a public hearing on June 25, 2013 at 9:30 a.m., in the Board of Supervisors’ Chambers, Room 107 at 651 Pine Street, Martinez, California, to authorize the charge be placed on the Fiscal Year 2013/2014 property tax roll; DIRECT the Clerk of the Board to publish a Notice of Filing of the Annual Report and fixing of a public hearing date thereon in accordance with Government Code Section 25210.77(a) (Government Code Section 6066) and County Ordinance Code Section 1012-2.608. FISCAL IMPACT: All costs will be 100% covered with revenue from CSA M-28. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/21/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: S. Cohen, 925-313-2160 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 21, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L. Strobel, County Administrator – laura.strobel@coa.cccounty.us, R. Campbell, Auditor Controller – bcamp@ac.cccounty.us, S. Anderson, County Counsel – sharon.anderson@cc.cccounty.us, G. Kramer, County Assessor – robin.perez@assr.cccounty.us , J. Francisco, Francisco & Associates, Inc. – jenniferw@franciscoandassociates.co, W. Lai, Assistant Public Works Director - wlai@pw.cccounty.us, J. Duffy, Special Districts – jduff@pw.cccounty.us, S. Cohen, Special Districts - scohe@pw.cccounty.us C. 17 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:May 21, 2013 Contra Costa County Subject:Accepting the Fiscal Year 2013/2014 Annual Report for County Service Area M-28 (Willow Mobile Home Park) BACKGROUND: The proposed annual levy of water service charges benefits all property owners within County Service Area (CSA) M-28 (Willow Mobile Home Park Water District) by providing for a community water system (miscellaneous extended service) in accordance with Government Code Section 25213(f). The CSA M-28 (Willow Mobile Home Park Water District) (miscellaneous extended service) includes, but is not limited to, the acquisition, construction, operation, replacement, maintenance, and repair of water supply and distribution systems, including land, easements, rights-of-way, and water rights [Government Code Sections 25213]. In Fiscal Year 2007/2008 the charge rate was increased to $79,818 per parcel with an allowance for an increase each subsequent year based upon the Consumer Price Index for the San Francisco Bay Area – All Urban Consumers as of April 2007 (215.842). The charge rate for Fiscal Year 2013/2014 is proposed to be increased based upon the prior year’s change in the Consumer Price Index for the San Francisco Bay Area – All Urban Consumers, therefore it is within the allowable maximum rate set previously. The charge rate increase for Fiscal Year 2013/2014 is based on the CPI Index of 242.677, and therefore the increase of 2.45% is set to be $89,741.48 per parcel. Attachment Exhibit A includes the Annual Report as required by the Government Code. CONSEQUENCE OF NEGATIVE ACTION: The District would be unable to have the Fiscal Year 2013/2014 service charges collected by the County Tax Collector, and an alternate source of funding would have to be identified. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Resolution No. 2013/225 Exhibit A CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 Willow Mobile Home Park Water District ANNUAL REPORT FOR FISCAL YEAR 2013-2014 May 21, 2013 Board of Supervisors John Gioia, District 1 Candace Andersen, District 2 Mary Piepho, District 3 Karen Mitchoff, District 4 Federal Glover, District 5 Prepared by Contra Costa County Public Works Department County Service Area M-28 (Willow Mobile Home Park Water District) BACKGROUND Fiscal Year 2013-14 ANNUAL REPORT G:\spdist\Board Orders\2013\5-21-13\M-28\Annual Report\CSAM-28_13-14AR.doc - 1 - BACKGROUND INFORMATION On December 10, 1991 the Contra Costa Board of Supervisors approved County Resolution 91/807 which formed County Service Area (CSA) M-28 (Willow Mobile Home Park Water District). CSA M-28 was formed pursuant to the County Service Area Law to ensure the proper flow of funds for the ongoing operation, maintenance and servicing of extended community water system services within in the Bethel Island Area. CSA M-28 has been given the power to acquire, construct, operate, replace, maintain and repair a water supply and distribution system as authorized by California Government Code Section 25210.4(d) and 25120.4a(1). The funding for CSA M-28 comes from service charges which are obtained from the users of the water system, in accordance with Government Code Sections 25210.77(a) and 25210.9. Each Fiscal Year since 1991, an Annul Report has been created and charges have been levied as a special line item on the County Property Tax Roll. The rate of the charge was established in 1991 and was increased in Fiscal Year 2007-2008 through a Proposition 218 Election. However, the annual costs to operate and maintain the improvements continue to increase due an aging system. For Fiscal Year 2010-2011 it was proposed to increase the rate of the charge approximately 8.5% to $95,500. In order to increase the rate of charge, property owner voter approval is needed prior to final approval from the Board of Supervisors. The property owners did not support the increase and therefore the Fiscal 2010-2011 rate was levied at $83,628.03. CURRENT ANNUAL ADMINISTRATION As required by the County Service Area Law California Government Code Section 25210.77(a), the Annual Report includes: (1) a description of each parcel of real property receiving the particular extended service, and (2) the amount of the charge of each parcel for such year. The Contra Costa County Board of Supervisors will hold a Public Hearing on June 25, 2013, regarding CSA M-28 which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the Board may adopt a resolution confirming the annual charge as originally proposed or as modified. Payment of these annual charges 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 charges must be placed in a special fund and can only be used for the purposes stated within this Report. County Service Area M-28 (Willow Mobile Home Park Water District) BACKGROUND Fiscal Year 2013-14 ANNUAL REPORT G:\spdist\Board Orders\2013\5-21-13\M-28\Annual Report\CSAM-28_13-14AR.doc - 2 - IMPACTS OF PROPOSITION 218 On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the fees, charges and assessments. These new procedures stipulate that even if charges are initially exempt from Proposition 218, future increases in the charges must comply with the provisions of Proposition 218. However, if the increase in the charge were anticipated in the charge formula (e.g., CPI increase or a predetermined cap) then the increase in the charge would be in compliance with the intent and provisions of Proposition 218. In order to implement an increase, Contra Costa County implemented the following procedures in Fiscal Year 2007-08: 1) Every property owner subject to the proposed charge increase was mailed a ballot allowing the property owner to vote on whether to increase the charge. The ballots were accompanied by a public notice describing the total charge, the individual property owner’s charge, the reason for the charge, and the general basis upon which the charge was calculated. 2) The ballots returned during the 45 days after mailing or before the close of the public input portion of the public hearing, were tabulated to determine whether a majority protest against the increase in charge existed. The ballots were weighted by the increased charge amount. 3) The Contra Costa County Board of Supervisors held a Public Hearing, August 7, 2007, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, ballots were tabulated and it was found that 100% of the property owners returning ballots were in favor of the increased charge, so the charge increase for Fiscal Year 2007-08 and following years was levied. 4) At the conclusion of the Public Hearing, the Contra Costa County Board of Supervisors adopted Resolution No. 2007/407 confirming the increase and the levy of charges for Fiscal Year 2007-08. 5) Publicly owned properties must be charged unless there is clear and convincing evidence that those properties receive no special benefit from the charge. Exempted from the charge would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. County Service Area M-28 (Willow Mobile Home Park Water District) Fiscal Year 2013-14 ANNUAL REPORT G:\spdist\Board Orders\2013\5-21-13\M-28\Annual Report\CSAM-28_13-14AR.doc - 3 - ANNUAL REPORT ON WATER SERVICE FISCAL YEAR 2013/2014 Pursuant to the County Service Area Law (commencing with Section 25210 of the California Government), and in accordance with Resolution No. 2013/225, accepting the Annual Report, adopted by Contra Costa County Board of Supervisors, on May 2 1, 2013 and in connection with the proceedings for: CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 WILLOW MOBILE HOME PARK WATER DISTRICT Herein after referred to as the “CSA M-28", I, Warren Lai, the duly appointed ENGINEER OF WORK, submit herewith this "Report" consisting of three (3) parts as follows (as requested in Section 25210.77(a) of the California Government Code): PART A: CHARGE LIST & METHOD This part contains a description of each parcel of real property receiving water service from CSA M-28, the amount of the charge for each parcel for Fiscal Year 2013-2014, computed in conformity with the charges prescribed for service areas and the budget report. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements for Fiscal Year 2013- 2014, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto. This part also includes a projection of the final expenditures for Fiscal Year 2013-2014. PART C: CSA M-28 DIAGRAM This part incorporates by reference a diagram of CSA M-28 showing the exterior boundaries and the lines and dimensions of each lot or parcel of land. 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. County Service Area M-28 (Willow Mobile Home Park Water District) PART A Fiscal Year 2013-14 CHARGE LIST & METHOD G:\spdist\Board Orders\2013\5-21-13\M-28\Annual Report\CSAM-28_13-14AR.doc - 4 - PART A CHARGE LIST & METHOD This part contains a description of each parcel of real property receiving water service from the service area, the amount of the charge for each parcel for Fiscal Year 2013-2014, computed in conformity with the charges prescribed for service areas and the budget report. CSA M-28 is comprised of 1 parcel. This parcel is approximately 23 acres in size and has a usecode of “44” – which is a mobile home park. The mobile home park includes approximately 172 mobile homes. The maximum charge rate was previously set at $75,300 per parcel (1991 dollars). Since 1991 the Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers and the costs to operate and maintain the improvements increased, however the charge rate remained constant until Fiscal Year 2007-2008. In Fiscal Year 2007-2008 the charge rate was increased to $79,818 per parcel with an allowance for an increase each subsequent year based upon the San Francisco Bay Area – All Urban Consumers as of April 2007 (215.842). Due to an aging system, the cost of operating and maintaining water facilities continues to increase. It was proposed in Fiscal Year 2010-11 that the charge rate be increased to $95,500 per parcel (8.5%). However, this increase was not supported by the property owners, and therefore the 8.5% increase was not imposed. The February 2013 CPI Index is 242.677, therefore the maximum rate for Fiscal Year 2013-2014 can be increased 2.45% to $89,741.54 per parcel. It is proposed to levy charges at the maximum rate for Fiscal Year 2013-2014. Water Service Charge List Parcel FY 2012-2013 Proposed FY 2013-2014 Number Amount Amount 197-050-029-2 $87,597.98 $89,741.54 TOTAL $87,597.98 $89,741.54 Levy Code: GO Fund: 2473 Revenue: 9797 County Service Area M-28 (Willow Mobile Home Park Water District) PART B Fiscal Year 2013-14 ESTIMATE OF COST G:\spdist\Board Orders\2013\5-21-13\M-28\Annual Report\CSAM-28_13-14AR.doc - 5 - PART B ESTIMATE OF COST A special fund has been set up for the collection of revenues and expenditures for CSA M-28. The total cost of construction, operation, and maintenance and servicing of the water system can be recovered from the collection of charges. Incidental expenses including administration, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the water system may also included. Revenues collected from the charge shall be used only for the expenditures represented above. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year. Upon adoption of this report by the Board of Supervisors, the charges contained herein will be collected on a property tax roll of Contra Costa County in the same manner, by the same persons, at the same time as, and together with the County's general taxes. FY 2012-13 6 month actuals/ 6 month projections FY 2013-14 Prop. Budget $0.00 $0.00 $0.00 $0.00 $70,000.00 $30,000.00 $87,597.98 $89,741.54 $157,597.98 $119,741.54 ($200.00)($200.00) ($17,212.00)($17,000.00) ($200.00)($200.00) ($150.00)($150.00) ($53,461.98)($55,808.54) $0.00 $0.00 $0.00 $0.00 ($250.00)($260.00) ($1,813.00)($1,813.00) ($311.00)($310.00) Pub. Works Labor ($14,000.00)($14,000.00) Office Equipment & Furniture $0.00 $0.00 ($70,000.00)($30,000.00) ($157,597.98)($119,741.54) $0.00 $0.00 $0.00 $0.00 ($0.00)($0.00) Revenue: Beginning Fund Balance Taxes and assessments Earnings on Investment Total Revenue Available: Gov/Gov Communications Publications and Legal Notices Utilities (Water & Electric) Ending Balance: Operating Reserves (Goal is 50% of Revenue) Interfund Expense - Other County Departments DOIT Phone Exchange TOTAL EXPENSES Professional Specialized Svc. (County) - Special Project Capital Improvement & Replacement Projects: Capital Improvement Projects Taxes & Assessment Fees Memberships Professional/Specialized Svcs. (Non-County) Professional/Specialized Svcs. (Other County Dept.) Interest on Notes & Warrants Expenditures: County Service Area M-28 (Willow Mobile Home Park Water District) PART C Fiscal Year 2013-14 DIAGRAM G:\spdist\Board Orders\2013\5-21-13\M-28\Annual Report\CSAM-28_13-14AR.doc - 6 - PART C CSA M-28 DIAGRAM The boundaries of CSA M-28 are completely within the boundaries of Contra Costa County. 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.