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HomeMy WebLinkAboutMINUTES - 06252013 - SD.5RECOMMENDATION(S): 1. OPEN the public hearing, RECEIVE all public comments on the Fiscal Year 2013/2014 Annual Report on proposed assessments in County Service Area (“CSA”) M-30 (“Annual Report,” attached hereto as Exhibit A), and CLOSE the public hearing. 2. CONSIDER all objections or protests to the Annual Report. 3. ADOPT an assessment rate of $975.04 per Equivalent Dwelling Unit, as set forth in the Annual Report. 4. DIRECT that the Fiscal Year 2013/2014 Official Assessment Roll for CSA M-30 shall constitute the description of parcels to be assessed and shall be attached to the Annual Report and incorporated therein. 5. DECLARE that the Annual Report as revised shall constitute the Final Report for CSA M-30 (“Annual/Final Report”) under County Ordinance Code section 1012-2.612. 6. ADOPT Resolution No. 2013/266 confirming the Annual Report as revised and the Annual/Final Report and the assessments set forth therein, and levying the assessments. 7. DIRECT the Clerk of the Board to file APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/25/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Susan 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: June 25, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: L. Strobel, County Administrator, R. Campbell, Auditor Controller, S. Anderson, County Counsel, G. Kramer, County Assessor , J. Francisco, Francisco & Associates, Inc., W. Lai, Assistant Public Works Director, J. Duffy, Special Districts SD. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 25, 2013 Contra Costa County Subject:HEARING on FY 2013/2014 Annual Report on proposed assessments in CSA M-30; adoption of resolution confirming Annual Report and levying assessments RECOMMENDATION(S): (CONT'D) certified copies of the Annual/Final Report and Resolution No. 2013/266 with the County Auditor-Controller. 8. DIRECT the County Auditor-Controller to include the assessments on the tax roll for Fiscal Year 2013/2014, each such assessment to appear as a separate item on the tax bill, pursuant to County Ordinance Code section 1012-2.614. FISCAL IMPACT: 100% CSA M-30 Funds. BACKGROUND: On May 21, 2013, the Board of Supervisors adopted Resolution No. 2013/226, accepting filing of the Fiscal Year 2013/2014 Annual Report for CSA M-30 (Alamo Springs) and fixing June 25, 2013, at 9:30 a.m., in the Board Chambers, as the time and place for a public hearing. The proposed levy of annual charges benefits all property owners within County Service Area M-30 by providing law enforcement, street maintenance, parks, landscaping and funding for street lighting for the Alamo Springs. CSA M-30 provides law enforcement, street maintenance, parks, landscaping and funding for street lighting for the unincorporated areas of Alamo Springs. This action provides for the continuation of existing assessments to provide these services in CSA M-30. This action results in an increase in assessments to parcel owners within CSA M-30. In FY 2013-14, it is recommended based on projected expenditures, that the maximum rate of $975.04/equivalent dwelling unit (EDU) be collected. This rate is $41.90/EDU higher than the FY2012-13 levied rate of $933.14/EDU. CONSEQUENCE OF NEGATIVE ACTION: Fiscal Year 2013/2014 assessments for CSA M-30 would not be levied or collected and law enforcement, street maintenance, parks, landscaping and street lighting services would have to be selectively eliminated throughout the unincorporated area of Alamo Springs to meet decreased funding levels. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM CLOSED the public hearing; CONSIDERED all objections or protests to the Annual Report; ADOPTED an assessment rate of $975.04 per Equivalent Dwelling Unit, as set forth in the Annual Report; DIRECTED that the Fiscal Year 2013/2014 Official Assessment Roll for CSA M-30 shall constitute the description of parcels to be assessed and shall be attached to the Annual Report and incorporated therein; DECLARED that the Annual Report as revised shall constitute the Final Report for CSA M-30 (“Annual/Final Report”) under County Ordinance Code section 1012-2.612;6. ADOPT Resolution No. 2013/266 confirming the Annual Report as revised and the Annual/Final Report and the assessments set forth therein, and levying the assessments; DIRECTED the Clerk of the Board to file certified copies of the Annual/Final Report and Resolution No. 2013/266 with the County Auditor-Controller; and DIRECTED the County Auditor-Controller to include the assessments on the tax roll for Fiscal Year 2013/2014, each such assessment to appear as a separate item on the tax bill, pursuant to County Ordinance Code section 1012-2.614. ATTACHMENTS Resolution No. 2013/266 Exhibit A ANNUAL REPORT FISCAL YEAR 2013-2014 CONTRA COSTA COUNTY SERVICE AREA M-30 (Alamo Springs) June 25, 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 CSA M-30 Alamo Springs Annual Report Fiscal Year 2013-2014 BACKGROUND \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 1 - BACKGROUND INFORMATION In August 1989, the Town of Danville (“Town”) and the County of Contra Costa (“County”) entered into a Memorandum of Agreement to undertake a joint-jurisdiction General Plan and project review for the Alamo Springs project. After certification of an Environmental Impact Report (EIR) for the project, the Board of Supervisors on December 8, and 15, 1992, approved the project. The unincorporated area of the project was simultaneously rezoned to a planned unit development. On January 23, 1996, the Town and County entered into a new Memorandum of Agreement, superseding the August 1989 Memorandum of Agreement, to establish procedures for joint review and approval of the project. The project was planned to provide for development of 53 single family homes, of which 11 are located within the Town of Danville and 42 remain in the unincorporated Alamo. During the planning process, it was decided that the Town would provide extended services in the form of police, public street maintenance, park and roadside landscape maintenance to the homes in unincorporated Alamo. Street lighting was to be provided by another County Service Area (CSA) L-100. On September 3, 1997, the Danville Town Council adopted Resolution No. 124-97, requesting that the Contra Costa County Local Agency Formation Commission (“LAFCO”) approve formation of CSA M-30. On November 17, 1997, LAFCO approved the formation of CSA M- 30. The property located within CSA M-30 receives a special and distinct benefit over and above the general benefits received by the public at-large in the form of extended public services. These extended public services consist of police, public street maintenance, park and roadside landscape services and street lighting as discussed in this report and in the Plan for Providing Services for CSA M-30 which is on file with LAFCO. On December 16, 1997 the Board of Supervisors Resolution 1997/965 stated that CSA M-30 services should be supported by a benefit assessment or special tax levy on parcels that receive this special and distinct benefit. On May 5, 1998 the Board of Supervisors conducted a public hearing and subsequently approved Resolution 1998/235 which authorized the annual levy of assessments on the parcels located within CSA M-30 to fund extended public services. Each year since Fiscal Year 2000-01 assessments have been levied within CSA M-30. On August 30, 2011 it was determined that County owed the Town of Danville $62,422 for past due assessment funds from January 2000 through August 2007. County made payment in full to the Town of Danville on September 12, 2011. Without the extended public services, the 42 homes located in unincorporated Alamo would receive standard County police services, limited park and roadside landscaping services, limited public street maintenance and no public street lighting. CSA M-30 Alamo Springs Annual Report Fiscal Year 2013-2014 BACKGROUND \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 2 - The services provided by the Town to CSA M-30 are: 1. Police Services. All of the police services provided to Town residents by Town police, including without limitation, community services, crime prevention, investigation, patrol, and traffic enforcement, are provided and available to all residents within CSA M-30. 2. Park and Roadside Landscape Service. All of the park and roadside landscape services provided to Town residents are provided and available to CSA M-30 residents, including without limitation, maintenance of parks and other public facilities, such as the Danville Library and Community Center, and maintenance of all roadside and median landscaping. 3. Public Street Maintenance. All of the public street maintenance, including without limitation, repair and replacement of asphalt on public streets, crack sealing and other maintenance measures to protect and prolong the life of the public streets, repair and replacement of street signs, stop signs, etc. are provided and available to CSA M-30 residents. Contra Costa County provides the following service through its existing CSA L-100: 1. Street Lighting. The operation, maintenance and servicing of public street lights and appurtenant facilities as required to provide safe lighting along public streets. 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 assessment 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-30 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 assessment as originally proposed or as modified. 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. CSA M-30 Alamo Springs Annual Report Fiscal Year 2013-14 ANNUAL REPORT \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 3 - ANNUAL REPORT FOR CONTRA COSTA COUNTY SERVICE AREA M-30 ALAMO SPRINGS FISCAL YEAR 2013-2014 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. 2013/226, accepting the Annual Report, adopted by Contra Costa County Board of Supervisors, May 21, 2013, and in connection with the proceedings for: CONTRA COSTA COUNTY SERVICE AREA M-30 ALAMO SPRINGS Herein after referred to as the “CSA M-30", 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: METHOD OF ASSESSMENT & ASSESSMENT LIST This part contains a description of each parcel of real property receiving Extended Public Services from CSA M-30, the amount of assessment for each parcel for Fiscal Year 2013-14, calculated in conformity with the assessments methodology described herein. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed services for Fiscal Year 2013-14, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto. PART C: CSA M-30 DIAGRAM 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-30. 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. CSA M-30 Alamo Springs Annual Report PART B Fiscal Year 2013-14 ESTIMATE OF COST \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 4 - PART A METHOD OF ASSESSMENT & ASSESSMENT LIST 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 extended public services provided within CSA M-30 are deemed a special benefit and only serve the parcels located within the boundaries of the District. ASSESSMENT METHODOLOGY The total operation and maintenance costs for the extended public services are apportioned in accordance with the methodology that is consistent with standard assessment engineering practices. The method for distributing the costs to each parcel is based on the Equivalent Dwelling Unit (EDU) factor. Since the assessment is levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be distributed by parcel, not considering land use, this would not be equitable because a single-family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are distributed to each parcel of land based on the number of EDUs associated with each particular parcel. No commercial or industrial parcels are planned to be included in within CSA M-30, therefore an assessment methodology has not been created for those uses. The methodology used to assign EDUs to other land uses in proportion to the benefit they receive relative to the single family residential parcel is shown below. Developed Single Family Residential - The developed single family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per the Contra Costa County land use code are assessed one (1.00) EDU. In addition, those parcels that are designated as “vacant” single family residential per the Contra Costa County land use code, but have a building permit issued prior to April 30 are assessed one (1.00) EDU. Exempt Property - Consists of property not classified as Developed Residential Property and includes: commercial, industrial, recreational and institutional property; parking lots, parking garages, roadways, open space and undeveloped property. ASSESSMENT RATE The maximum annual assessment was established in Fiscal Year 1997-98 as $467.13 per EDU. 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- CSA M-30 Alamo Springs Annual Report PART B Fiscal Year 2013-14 ESTIMATE OF COST \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 5 - San Jose plus two percent (2%). The base CPI index to be used for future calculations is April 1997 (159.6). Any change in the assessment rate per EDU, 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. For FY 2013-14 the allowed maximum rate is $975.04/EDU. This rate has been calculated as follows: $856.26/EDU FY 2010-11 + 1.70% CPI increase for FY 2011-12 = $870.78 + 2.00% increase for FY 2011-12 = $888.20 +3.00% CPI increase for FY 2012-13 = $914.85 +2.00% increase for FY 2012-2013 = $933.14 +2.45% CPI increase for FY 2013-14 = $955.95 +2.00% increase for FY 2013-14 = $975.04 In FY 2013-14, it is recommended based upon projected expenditures, that the maximum rate of $975.04/EDU be collected. This rate is $41.90/EDU higher than the FY2012-13 levied rate of $933.14/EDU. NEW DEVELOPMENT WITHIN THE CSA If, prior to April 30 of each year, a new building permit is issued for any residential parcel within CSA M-30 it shall be classified as a “Developed” and assessed the ensuing fiscal year. All exempt properties will not be assessed. An assessment list is included on the following pages, which shows a listing of those parcels to be assessed for Fiscal Year 2013-14. CSA M-30 Alamo Springs Annual Report PART B Fiscal Year 2013-14 ESTIMATE OF COST \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 6 - Lot Number Assessor Parcel Number Added to roll: Assessment 2013/2014 38 197-050-029-2 2008 $975.04 17 197-440-005-1 2000 $975.04 18 197-440-006-9 2002 $975.04 19 197-440-007-7 2004 $975.04 20 197-440-008-5 2004 $975.04 21 197-440-009-3 2001 $975.04 22 197-440-010-1 2001 $975.04 23 197-440-011-9 2002 $975.04 24 197-440-012-7 2013 $975.04 25 197-440-013-5 2013 $975.04 26 197-440-014-3 vacant $0.00 27 197-440-015-0 2013 $975.04 28 197-440-016-8 2013 $975.04 29 197-440-017-6 vacant $0.00 30 197-440-018-4 2013 $975.04 31 197-440-019-2 vacant $0.00 14 197-450-001-7 vacant $0.00 15 197-450-002-5 vacant $0.00 16 197-450-003-3 2001 $975.04 32 197-450-004-1 2006 $975.04 33 197-450-005-8 2013 $975.04 34 197-450-006-6 2002 $975.04 35 197-450-007-4 vacant $0.00 36 197-450-008-2 vacant $0.00 37 197-450-009-0 vacant $0.00 39 197-450-010-8 2001 $975.04 40 197-450-011-6 2000 $975.04 41 197-450-012-4 2001 $975.04 42 197-450-013-2 2008 $975.04 43 197-450-014-0 2001 $975.04 44 197-450-015-7 2002 $975.04 45 197-450-016-5 2001 $975.04 12 197-460-008-0 2003 $975.04 13 197-460-009-8 2003 $975.04 46 197-460-010-6 2001 $975.04 47 197-460-011-4 vacant $0.00 48 197-460-012-2 2001 $975.04 49 197-460-013-0 2001 $975.04 50 197-460-014-8 vacant $0.00 51 197-460-015-5 2001 $975.04 52 197-460-016-3 2006 $975.04 53 197-460-017-1 2001 $975.04 $31,201.28 CSA M-30 Alamo Springs Annual Report PART B Fiscal Year 2013-14 ESTIMATE OF COST \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 7 - PART B ESTIMATE OF COST The Fiscal Year 2012-13 projected and Fiscal Year 2013-14 proposed revenues and expenditures are shown in Table 1 below. A special fund has been set up for the collection of revenues and expenditures for CSA M-30. The total cost to provide the enhanced services can be recovered from the collection of assessments. Incidental expenses including administration, engineering fees, legal fees and all other costs associated with the enhanced services may also included. When CSA M-30 was formed, a financial analysis was performed to provide the framework for an operating budget for the proposed services. This was based on the estimated expenses for each service component (police, parks and roadside landscape, street maintenance, and street lighting). TABLE 1 Contra Costa County CSA M-30 Alamo Springs BUDGET Special Districts Budget Worksheet Maximum Assessment is $975.04 / EDU FY 2013-14 Assessments @ $975.04 / EDU 32.00 EDUs 42 Parcels FY 2012-13 6 month actuals/ 6 month projections FY 2013-14 Prop. Budget $11,836.12 $4,283.48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $24,261.64 $31,201.28 $36,097.76 $35,484.76 ($350.00)($350.00) ($17,003.74)($21,012.80) ($388.44)($388.44) $0.00 $0.00 ($13,800.00)($14,000.00) ($272.10)($300.00) ($31,814.28)($36,051.24) $0.00 $0.00 $0.00 $566.48 $4,283.48 $0.00ENDING BALANCE Taxes & Assessment Fees Operating Reserves (Goal is 50% of Revenue) Reserves or Capital Replacement Capital Replacement Reserve Transfers Gov/Gov Revenue Beginning Fund Balance Taxes and assessments TOTAL EXPENSES Services Provided by Town of Danville TOTAL REVENUE Reimbursements Gov/Gov Reimbursements Gov/Gov Earnings on Investment Expenses Publications and Legal Notices Transfer to CSA L-100 Administrative Services CSA M-30 Alamo Springs Annual Report PART C Fiscal Year 2013-14 CSA T-1 DIAGRAM \\PW-DATA\grpdata\spdist\Board Orders\2013\6-25-13\M-30\CSAM-30_13-14AR.doc - 8 - PART C CSA M-30 DIAGRAM The boundaries of CSA M-30 are completely within the boundaries of Contra Costa County. Below is a reduced map showing the boundaries of CSA M-30. 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.