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HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 99-575 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Acting as the Board of Directors, Contra Costa County Water Agency Adopted this order on November 16, 1999 by the following vote: AYES: GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA NOES: NONE ABSENT: GERBER ABSTAIN: NONE RESOLUTION NO. 99/575 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY WATER AGENCY ORDERING THE FORMATION OF THE SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999- 1, DECLARING ITS ADOPTION OF THE ENGINEER`S REPORT AS MODIFIED AND ORDERING THE OPERATIONS AND MAINTENANCE OR OTHER WORK DESCRIBED THEREIN TO BE PERFORMED, LEVYING THE ASSESSMENT AND CONFIRMING THE ASSESSMENT ROLL AS MODIFIED EXCLUDING CERTAIN PARCELS, FIG THE AMOUNT OF ASSESSMENT ON EACH PARCEL ASSESSED AND PROVIDING FOR A FLUCTUATING ASSESSMENT TO BE IMPOSED ON CERTAIN PARCELS SUBJECT TO FUTURE ASSESSMENT UPON THE OCCURRENCE OF CERTAIN EVENTS, AND ORDERING THE MAILING, PUBLICATION AND RECORDATION OF A MODIFIED ASSESSMENT ROLL AND ASSESSMENT DIAGRAM AND A NOTICE OF ASSESSMENT FOR THOSE PARCELS ASSESSED, AND THE COLLECTION OF THE ASSESSMENT IN ANNUAL INSTALLMENTS BY THE WATER AGENCY. WHEREAS, under its Resolution of Intention No. 99/314(the"Resolution of Intention") as adopted on June 22, 1999, 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 5520) of the California Streets and Highways Code, and the Joint Exercise of Powers Agreement ("Agreement") executed in furtherance of its joint obligations under the Agreement Between the United States of America and the Stockton Port District for Local Cooperation on the the San Francisco Bay to Stockton, California(John F. Baldwin and 1 Stockton Ship Channels) Project, Avon To Stockton(the"Project" and the"Local Cooperation Agreement"), the Board of Supervisors of Contra Costa County, acting on behalf of the Contra Costa County Water Agency, has declared its intention with the Stockton Port District to order the costs and expenses of operation and maintenance of the Suisun Bay Channel and the New York Slough Channel segments of the Project, and related improvements, to be assessed upon lots or parcels specially benefiting from those improvements, to declare the work to be of more than general benefit, and to describe the lands to be specially assessed to pay the costs and expenses of the operation and maintenance of the Project through an assessment district designated "San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 1999-1" (the "Maintenance Assessment District"); W11EREAS, the Board intends to levy annual assessments against the owners of real property either located on or connecting to the Project within the boundaries of the proposed maintenance district in the County of Contra Costa and the County of San Joaquin specially benefiting from the continuous operation of the Project manifested in the enhancement of riparian rights of public navigation inuring to, and distinguishing those parcels in their past, present or potential use from other parcels within and without the district; WHEREAS, in prior proceedings duly held and noticed, under Resolution of Intention No.99-314 adopted June 22, 1999 (the"Resolution of Intention"), the Board has retained an Engineer of Work for the Assessment District (the"Assessment Engineer") and has directed the Assessment Engineer to make and file with the Agency Secretary a Preliminary Engineer's Report substantially in the form required by Section 10204 of the California Streets&Highways Code, Article XIIID, Section 4 of the California Constitution, and Government Code Sections 57350-57353.5 containing a description of required operation and maintenance to be performed, including necessary plans and specifications therefore, and a cost estimate of that work, and a boundary map, assessment diagram and assessment roll, which report was completed and filed with the Agency Secretary on June 8, 1999 and modified on September 8, 1999 and a Final Engineer's Report October, 1999 filed on November 15, 1999 and has been open to public inspection; WHEREAS, in prior proceedings duly held and noticed, the Board has previously adopted 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 which map was duly recorded by the County Recorder on August 4, 1999; WHEREAS, Sections 54954.6 and 57350-57353.5 of the Government Code and Article XIIID, Section 4 of the California Constitution require the scheduling of a public meeting and public hearing on the Preliminary Engineer's Report, which public meetings 2 were duly noticed in prior proceedings and held on August 11, 25, 31, and October 20, 1999; WHEREAS, in prior proceedings duly held and noticed, in the Resolution of Intention the Board fixed the time and place for a public hearing for objections to the proposed operations and maintenance, district, or assessment, and the tabulation of ballots in favor and opposed to the formation of the proposed maintenance assessment district, which ballots have been tabulated by the Executive Officer of the Water Agency and published by the Secretary of the Board, and directed the mailing of notice of public meeting and hearing, and the tabulation of ballots by first class mail to each record owner of lots or parcels subject to assessment; WHEREAS, the Board has received and considered written ballots in favor of district formation from owners of record of parcels in proportion to their financial obligation in an amount equal to $4,578,114, and written ballots opposed to district formation from owners of record of parcels in proportion to their financial obligation in an amount equal to $ 288,035 within the boundaries of the assessment district subject to assessment in the aggregate not constituting a majority area protest under Article MIM, Section 4 of the California Constitution; WHEREAS, the Board has heard and considered all competent evidence offered in support of written objections, and on this basis has directed the preparation of modifications to the Engineer's Report, the exclusion of certain parcels from the assessment, and the levy of a fluctuating assessment in the future on certain parcels upon the occurrence of certain events; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY WATER AGENCY THAT: Section 1. Purpose (a)The purpose of this Resolution of Confirmation is: (1)to order the formation of the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel)Maintenance Assessment District 1999-1 within the district boundaries in the counties of San Joaquin and Contra Costa as determined by the Board; (2)to adopt the Engineer's Report as modified and order the operation and maintenance or other work, and plan, described therein to be performed; (3)to levy the assessment and confirm the assessment ro11 as modified, excluding certain parcels on the basis of findings, and fix the amount of assessment on each parcel assessed, and provide for a fluctuating assessment to be imposed upon certain parcels 3 subject to future assessment upon the occurrence of certain events; and (4)to order the mailing, publication, and recordation of a modified assessment roll and assessment diagram and Notice of Assessment for those parcels assessed, and the collection of the assessment in annual installments. (b)The purpose of the district formation and annual levy upon project beneficiaries as determined by the Board is to finance the required contribution by the District as joint Local Sponsor under the Local Cooperation Agreement between the District and the United States of America, acting through the Secretary of the Army, executed May 6, 1982, to the cost and expense of the operation and maintenance of the Federally maintained San Francisco Bay to Stockton, California(John F. Baldwin and Stockton Ship Channels)Federal Navigation Project, Avon to Stockton, authorized by the River and Harbor Act of 1965 (P.L. 89-298) incurred since its completion in 1987 and expected to be incurred in the future including the incidental expenses of district formation and the administrative costs of collecting assessments and administering the maintenance assessment district. Section 2. Findings and declarations (a) The preceding recitals are true and correct and the Board so finds and determines. (b) The Board of Directors of the Contra Costa County Water Agency, declares the public interest, and necessity require: (1) the formation of the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 1999-1, and that amounts to be assessed and collected to permit the Board to discharge its financial responsibilities under the Local Cooperation Agreement with the Federal Government for the operation and maintenance of the Federal navigation project by apportioning the costs and expenses incurred and expected to be incurred by the Agency since the completion of the project from beneficiaries of the continuous operation of the project as determined by the Board; (2) the territory within the boundaries specified and described in Resolution of Intention No. 99-314 adopted by the Board on June 22, 1999, generally circumscribing the project boundaries of the San Francisco Bay to Stockton, California(Suisun Bay Channel and New York Slough Channel) Maintenance Assessment District 1999-1, is the assessment district to be benefited by the work contemplated in the operations and maintenance plan described in the Engineer's Report completed under Section 2 of that Resolution, and to be assessed to pay the costs and expenses thereof; (3)the costs and expenses, including incidental expenses within the meaning of Section 4 5024 of Part I of Division 7 of the Streets and Highways Code, as set forth more specifically in the Engineer's Report as to plans and specifications required to be prepared under Section 2 of the Resolution of Intention for the required operations and maintenance or other work, excluding or crediting as the case may be any amounts contributed by the United States Government, are chargeable upon the territory within the assessment district in proportion to estimated benefits; and (4) the exterior boundaries of the Maintenance Assessment District are specified and described to be as shown on that certain Boundary Map now recorded in the Office of the County Recorder in each of the Counties of San Joaquin and Contra Costa, approved in prior proceedings duly held and noticed by the Board, entitled the the San Francisco Bay to Stockton, California(Suisun Bay Channel and New Fork Slough Channel)Maintenance Assessment District 1999-1, which map indicates by a boundary line the exterior boundaries of the territory included in the assessment district and governs for all purposes the extent of the assessment district. (c) All prior proceedings were valid and in conformance with applicable law, including Section 6365 of the Harbors and Navigation Code adopting and incorporating by reference as modified 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, and Sections 54954.6 and 57350-57353.5 of the Government Code and Article)IIID, Section 4 of the California Constitution. (d)(1) Special benefit is assigned to each lot or parcel of land within the district proposed to be assessed under Article XIIID, Section 4 of the California Constitution based upon: (A)the General Design Memorandum and Cost-Benefit analysis prepared by the U.S. Army Corps of Engineers for the Federal navigation project; (B)the Engineer's Report prepared at the Board's direction; (C) a presumption of benefit inuring to waterfront parcels abutting or with direct access to the Federal navigation project on the basis of front footage and area of those parcels, and the actual use of those parcels for commercial navigation using the Project on the basis of available vessel traffic data; (D)the testimony and evidence presented at the public hearings; and (E)the Board's taking legislative notice of facts concerning riparian real property navigation use and benefit within its ordinary knowledge and understanding. (2) On the basis of the foregoing, the Board determines that each parcel `s level of benefit will equal or exceed the amount of assessment upon each of those parcels from the continued operation of the project reflected: 5 (A) in the general usefulness and suitability of those parcels for water-dependent development and actual use of the Federal navigation project measured in the calculable incremental land value inuring to each of those parcels from enhanced riparian rights based upon proximity, common ownership and access to the Federal project above and beyond general economic benefit to the public at large, or (B) in actual transportation cost savings from continuing use of the channel project and the continued operation and maintenance without which intermittent shoaling would interrupt maritime commerce and navigation and access to those benefited parcels and the likely loss of economic activity and revenue, and disproportionate diminution of land values resulting therefrom. Section 3. Public improvements described As more specifically described in the Final Engineer's Report filed with the Clerk on November 16, 1999, the location and description of the public improvements to be acquired, constructed, reconstructed, installed, operated and maintained as set forth in the Local Cooperation Agreement include lands, easements, and rights-of=-way required for operation and maintenance of the project and for aids to navigation, including suitable areas determined by the Chief of Engineers to be required in the general public interest for disposal of dredged material, and all necessary dredged material retention dikes, bulkheads, and embankments, or the costs of such retaining works, except for additions required solely for development of recreation areas. Disposal sites include in water, wetland, berm, levee and upland sites owned or access having been obtained either by the Agency or District, or private landowners and suitable for the disposal of dredged material in both environmental and economic terms located within district boundaries and accessible to project operation and maintenance in Contra Costa County. Section 4. Engineer's report and operations and maintenance plan (a) The Board adopts the Final Engineer's Report , November, 1999 ordered under the Resolution of Intention 99-314 adopted June 22, 1992 and orders the operations and maintenance or other work, and the operations and maintenance plan, described therein to be performed. (b)Reference is made to the Engineer's Report which is adopted and incorporated by reference as part of this Resolution. The Engineering report and plan includes: (i)the total estimated cost of maintaining the general navigation features of the Suisun Bay Channel and New York Slough Channel reaches of the Project, including elements of required local contribution for the Suisun Bay Channel and New York Slough Channel segments of the Project; 6 (ii) estimates of required upland capacity for disposal of dredged material from Suisun Bay Channel and New York Slough Channel reaches of the Project, including any material from any public or private berths by agreement and subject to reimbursement; (iii) alternative least cost, environmentally acceptable approaches to providing upland disposal sites with adequate capacity to meet anticipated capacity requirements, including: (A)use of a government or privately owned and operated disposal site in consideration of payment of a tipping or disposal fee; (B) acquisition, improvement, and use of an intermediate drying and treatment site in combination with long term disposal options; (C) outsource contracting for improvement and use of existing permitted and approved disposal sites with adequate capacity to meet estimated requirements; or (D) acquisition, improvement, permitting and maintenance of an additional site or sites to meet capacity shortfall during the term of the five year plan and beyond. (iv) a proposed business type capital and operating budget for the first five years of the maintenance plan, including projected revenue from all sources, and estimated expenditures, and those amounts subject to maintenance assessment, and any required adjustments thereto; (v) an estimate of potential annualized offsetting receipts from the sale of clean dredged material; and (vi) a projection of the potential reduction in expenditures from cost-sharing of 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"); (vi)the legal, engineering and administrative costs of establishing and operating a maintenance assessment district, and collecting annual assessments to be repaid from assessments or reassessments fees charged by the district, and annual administrative expenses; (vii) a boundary map of the maintenance assessment district, and any zones within the district; (viii) an assessment diagram of the assessment district listing those lots or parcels subject to benefit assessment by parcel number, which may refer to the county assessor's maps and records for a detailed description of each lot or parcel subject to the assessment 7 that may be combined with the Boundary Map; and (ix) a modified operations and maintenance assessment roll. (c) The Executive Officer of the Water Agency is authorized to make any necessary and conforming changes in the Final Engineer's Report, assessment roll and diagram before recordation consistent with the actions taken by the Board in the adoption of this Resolution, and by the Board of Commissioners of the Stockton Port District. Section-5. Acceptance of work The Board determines and notice is given that dredged material disposal facilities, or their equivalent may be acquired and improvements made and other operations and maintenance work done when the U.S. Army Corps of Engineers accepts those facilities and work as required local contribution to operations and maintenance of a Federal project for which a contribution of Federal funds is made. Section 6. Omitted and excluded parcels findings and determinations (a) Under Article)GIID, Section 4 of the California Constitution, all publicly owned parcels which the Board determines to be in the performance of a public function, and determined not specially benefiting from the operation and maintenance of the Project on the basis of clear and convincing evidence are omitted from the assessment to be made to pay the cost and expenses of the required operations and maintenance. (b) Under the Engineer's Report and the Boundary Map, reference is made of those parcels within district boundaries that are not subject to current assessment upon a determination by the Board that those parcels that specially benefit from the operation and maintenance and otherwise subject to assessment levy and collection are only those that are classified as improved waterfront in an active navigation status until such time as those parcels are improved for navigation use and a determination of the amount and collection of an assessment is deferred until such time as each parcel in the case of (1) an unimproved waterfront parcel, the parcel is improved and at least one vessel using the Federal navigation project calls at a facility at that parcel; (2) an improved waterfront contiguous parcel, at least one vessel using the Federal navigation project calls at a facility at the improved waterfront parcel in common ownership with that parcel; and (3) an unimproved waterfront contiguous parcel, the parcel is improved and at least one vessel using the Federal navigation project calls at a facility at the improved waterfront 8 parcel in common ownership with that parcel. (c) The Board determines that any parcel, located within the boundaries of the Maintenance Assessment District which is as of the effective date dedicated to agricultural use or is so zoned, is not considered to specially benefit from the continued operation and maintenance of the Federal navigation project, except as a parcel may be used as a dredged material disposal site, and is not subject to the levy and collection of an assessment levied for that purpose so long as the parcel remains in agricultural use or is so zoned. Section 7. Levy and confirmation of assessment, interest and penalties (a) There is levied a fluctuating assessment upon each parcel of property in the district in the estimated total amount of the cost and expenses of the proposed operations and maintenance upon the several lots or parcels of real property within the district and the estimated incidental expenses to be apportioned among parcels to be assessed in proportion to the estimated benefits to be received by each lot or parcel from the proposed operations and maintenance, including an estimated amount to cover any deficiency attributable to delinquent assessments, in the amount of$2,529,000, in annual operation and maintenance costs and expenses over five years. (b)An additional annual assessment is levied upon each parcel of property in the district to cover the administrative costs and expenses of collecting assessments and administering the maintenance assessment district. The maximum annual assessment shall be $ 70,000, which amount shall be adjusted annually according to the "BNF Deflator for State and Local Government Purchases" published by the United States Department of Commerce. (c)(1)With reference to the Modified Assessment Roll contained in the Engineer's Report, in the case of the following classes of parcels subject to assessment, the determination of the amount and collection of the levy is deferred until the occurrence of the following event(s): (A) In the case of an unimproved waterfront parcel, the parcel is improved and at least one vessel using the Federal navigation project calls at a facility at that parcel, (B)In the case of an improved waterfront contiguous parcel, at least one vessel using the Federal navigation project calls at a facility at the improved waterfront parcel in common ownership with that parcel; and (C)In the case of an unimproved waterfront contiguous parcel, the parcel is improved and at least one vessel using the Federal navigation project calls at a facility at the improved waterfront parcel in common ownership with that parcel. (2) The Agency'Executive Officer shall determine the amount of any new assessment 9 levied which shall be collected in the same manner as otherwise levied under this Resolution. A proportionate share of the amount so collected shall be credited to the account or paid to the owners of other parcels from whom annual assessments have previously been collected in that year. (d) The assessment constitutes a lien on any parcel subject to assessment to the extent that the entire amount of the assessment is not prepaid and bears interest at the rate of 8 per cent from a date 30 days after the recordation of the assessment. In addition to any interest accruing on any unpaid assessments levied, there shall be collected a two per cent(2%) penalty of the total amount of any unpaid assessment installment that becomes delinquent and on the first business day of each succeeding month until the delinquent payment and all penalties are fully paid, and to collect an additional penalty of two per cent(2%) of the amount of the delinquency. (e)As required 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, the Board confirms the assessment, as reflected in the final Engineer's Report filed with the Board on November 16, 1999 and approves the modified assessment roll and diagram, and fixes the assessment upon those parcels designated in the Engineer's Report as modified, and orders the recordation of the modified assessment roll and diagram, and Notice of Recordation of Assessment and lien against each parcel subject to assessment in each county in which a parcel subject to assessment is located. Section 8. Collection of assessment in annual installments and surplus disposition (a) The Executive Director of the Water Agency is the designated collection officer for the assessment levied under this Resolution. (b) As the designated collection officer for the assessment, the Executive Director shall. (1) mail a Notice of Recordation of Assessment to the record owner of a each parcel subject to assessment; and (2) publish the notice of recordation in a newspaper of general circulation in each county in which a parcel subject to assessment is located and take such other actions as are necessary and appropriate to collect the assessment levied under this Resolution. (c) The Executive Director or other collection officer may collect the assessment levied on each parcel in equal annual installments over a period not to exceed five years. (d)Upon fulfillment of the necessary procedural requirements for annual assessment collection by the Executive Director, the County Auditor/Controller in each county in which a parcel subject to assessment is located shall enter on the assessment roll the 10 amount of the assessment and any installments for the District and any zones thereof, and shall collect the assessment and any installments and any delinquency penalty at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of assessments and installments and penalties, after the deduction of any compensation due the County for collection, shall be paid to the Executive Director for purposes of paying the costs and expenses of the District. (e)All moneys collected shall be deposited in the County a John F. Baldwin(Avon to New York Slough) Maintenance Fund established under the Joint Powers Agreement. (f) Any surplus remaining in the Maintenance Fund after the termination or abandonment of local responsibility or completion of the operations and maintenance and after the payment of all claims and related expenses and any advances against the fund shall be disposed or applied as provided under the Joint Powers Agreement. Section 9. This Resolution shall take effect immediately upon its passage. 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: November 16 , 1999 PHIL BATCHELOR,Clerk of the Board of Supelpsors and County Administrator 'AA. - to" B ,Deputy 11 CERTIFICATE OF RECORDING OFFICER The undersigned, duly qualified and acting Secretary of the Board of Directors of the of Contra Costa County Water Agency, does hereby certify: That the foregoing and attached Resolution is a true and correct copy of Resolution No. 99-575 entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY WATER AGENCY ORDERING THE FORMATION OF THE SAN FRANCISCO BAY TO STOCKTON, CALIFORNIA (SUISUN BAY CHANNEL AND NEW YORK SLOUGH CHANNEL)MAINTENANCE ASSESSMENT DISTRICT 1999- 1, DECLARING ITS ADOPTION OF THE ENGINEER'S REPORT AS MODIFIED AND ORDERING THE OPERATIONS AND MAINTENANCE OR OTHER WORK DESCRIBED THEREIN TO BE PERFORMED, LEVYING THE ASSESSMENT AND CONFIRMING THE ASSESSMENT ROLL AS MODIFIED EXCLUDING CERTAIN PARCELS, FIXING THE AMOUNT OF ASSESSMENT ON EACH PARCEL ASSESSED AND PROVIDING FOR A FLUCTUATING ASSESSMENT TO BE IMPOSED ON CERTAIN PARCELS SUBJECT TO FUTURE ASSESSMENT UPON THE OCCURRENCE OF CERTAIN EVENTS, AND ORDERING THE MAILING, PUBLICATION AND RECORDATION OF A MODIFIED ASSESSMENT ROLL AND ASSESSMENT DIAGRAM AND A NOTICE OF ASSESSMENT FOR THOSE PARCELS ASSESSED, AND THE COLLECTION OF THE ASSESSMENT IN ANNUAL INSTALLMENTS BY THE WATER AGENCY. as regularly adopted at a legally convened meeting of the Board of Directors of the Contra Costa County Water Agency, duly held on the 14th day of September, 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 16th day of November, 1999. Phil Batchelor, Secretary, Board of Directors Contra Costa County Water Agency t t f 12