Loading...
HomeMy WebLinkAboutMINUTES - 07141998 - C179 01 TO: BOARD OF SUPERVISORS ,. CONTRA FROM: Phil Batchelor, County Administrator COSTA COUNTY DATE: July 1, 1898 SUBJECT: ALHAMBRA CREEK ASSESSMENT DISTRICT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONiSI: APPROVE the assessment of five parcels of County-owned parcels in the amount of $43,593 by the Alhambra Creek Assessment District and DIRECT" the County Administrator or his designee to execute an affirmative vote on the five assessment ballots due to the City of Martinez by July 29, 1998. BACKGROUND/REASON(S) FOR RECOMMENDATIONIS): The $43,593 assessment on five County-owned parcels will pay the County's pro-rata share of flood control improvements to Alhambra Creek which the City of Martinez believes will greatly reduce flooding in the downtown area. These projects include restoration to the Marsh area from Carquinez Strait to the Union Pacific Railroad Bridge (UPRR), the upgrade the UPRR bridge, creek channel enhancement from Marina Vista to Green Street and creek maintenance and cleaning south of Green Street. (see attached) FINANCIAL IMPACT: The overall assessment district will be authorized to charge up to $1.5 million to various owners of property within the district to pay for a portion of the $81 million in overall flood control improvements (including Contra Costa County's portion of $43,593), the City of Martinez anticipates issuing a special assessment revenue bond to pay for this $1.5 million in improvements. Property owners will then be assessed annually for their pro-rata portion of debt service on this bond. While the City has not supplied a specific annual debt service forecast, staff does not anticipate annual assessments in excess of$10,000 for its portion of the improvement costs. CONTINUED ON ATTACHMENT: /YES SIGNATURE: i41 I. � w"k RECOMMENDATION OF COUNTY ADMINISTRATOR R COMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): 140? ACTION OF HOARD ON V 14, APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENTI I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN AYES: NOES:_ - ACTION TAKEN AND ENTERED ABSENT: ABSTAIN. ON MINUTES OF THE HOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: ,y cc: CAO - L. Lockwood ATTESTED jd IL B CHEL �CL ISOF THE WARD OF SUPERVISORS AND COUNTY ADMINISTRATOR 13Y e t'"'. ,DEPUTY The five parcels which are included in the Assessment District and the overall amount of assessment are as follows. APN ASSESSMENT LOCATION 373-260-001 $19,072 County parking lot at Pine St & Marina Vista 373-261-002 $13,623 County parking lot 373-267-002 $ 6,130 County Assessor's office 373-267-003 $ 31406 Parcel of land next to County's Assessor's office 373-267-004 $ 1,362 Parcel of land next to County's Assessor's office $43,593 r 1S Co d tom, Cg L dUA u 4 cR o u o �' V a r �. C ro „Q a N N N W 0 ~" c 4 m v cz m. 1S .NOSdViOHI ale pcrir G1 z i IS —N3380 � 8 x .. Lo f/) Ld W Z t-- m z C(1 b v > a D Q 15 1 $e a ac m W m tU C!) J � w o = v CSJ 4 d W � NlViN m � a '15 Y 'Z ol W co z z d cc t� o_ d C7 r„ W E to i W c ip aR J J t 2 co iSIA - © b'NIat1W t�- ALHAMBRA CREEK ASSESSMENT DISTRICT CITY OF MARTINEZ, CONTRA COSTA COUNTY, CALIFORNIA NOTICE OF PUBLIC HEARING TIME: 7:00 P.M., WEDNESDAY, JULY 29, 1998 PLACE: CITY OF MARTINEZ COUNCIL CHAMBER 525 HENRIETTA STREET MARTINEZ, CALIFORNIA 94553 NOTES: 1. THE AMOUNT OF ASSESSMENT CHARGEABLE TO THE ENTIRE DISTRICT IS $2,048,430 AND $1,500,000 OF THIS AMOUNT IS CHARGEABLE TO PRIVATE PROPERTY. 2. THE FOLLOWING ITEMS ARE ENCLOSED WITH THIS NOTICE: A LETTER FROM THE CITY MANAGER, INCLUDING MAPS OF THE PROPOSED DISTRICT A COPY OF THE RESOLUTION OF INTENTION (RESOLUTION NO. 057- 98) WHICH INCLUDES A DESCRIPTION OF THE IMPROVEMENTS (EXHIBIT "A'), ADOPTED BY THE CITY COUNCIL ON MAY 6, 1938 INFORMATION CONCERNING DURATION OF ASSESSMENTS, REASON FOR ASSESSMENT, BASIS OF ASSESSMENT CALCULATION, AND SUMMARY OF ASSESSMENT BALLOT PROCEDURES (EXHIBIT "B") ASSESSMENT BALLOT TO BE RETURNED IN THE ENCLOSED POSTAGE-PAID ENVELOPE, INDICATING THE PROPOSED ASSESSMENT FOR YOUR PROPERTY j Cid of Ma ffiez 525 Henrietta Street, Martinez, C.A.94553-2394 (925)372-3505 FAX(925) 229-5012 June 11, 1998 Dear Property Owner: SUBJECT: ALH,A MBRA CREEIC.ASSESSMENT DISTRICT As you may know,in early 1997 the City Council appointed an Alhambra Creek Flood Task Force to investigate ways to mitigate the flooding problems along Alhambra Creek. After reviewing previous hydraulic studies and analyses of Alhambra Creek and holding three public workshops,the task force identified four projects that when implemented would help mitigate flooding and wold be acceptable to the community. These four projects include the restoration of the Marsh Area from the Carquinez Strait to the Union Pacific Railroad (UPRR) Bride, the upgrade of the UPRR Bridge, creek channel enhancement from Marina Vista to Green Street, and creek maintenance and cleaning south of Green Street. A location map is attached showing the proposed projects. The first three projects require initial capital to implement the associated improvements. The initial capital casts for these three projects are estimated to be $8,127,000. The fourth project is a maintenance project and will be funded through current City revenues and does not require outside funding sources for its implementation. In order to :move these first three flood control projects forward, the City has secured or is in the process of securing $6,948,850 in public contributions towards the cost of the proposed creek. improvements. This results in a project shortfall in the amount of $1,178,150. If an assessment district is formed as a means of raising funds to mitigate this funding shortfall, an additional $321,850 would be needed to cover the cost of district formation and bond issuance.Therefore, an assessment district would have a total maximum bond issue of 1,500,000. The City is pursuing other funding opportunities to reduce the amount needed from the proposed assessment district and correspondingly reduce the maximum bond issue. The combination of assessment district fmancing and additional outside funding sources would provide the necessary resources to implement and complete these very important flood control projects. 4n May 6, 1998,the City Council adopted a resolution of intention to form the Alhambra Creek Assessment District; and subsequently, on June 3, 1998, adapted a resolution preliminarily approving the engineer's report and setting a date for a public hearing on July .29, 1998 at 7.00 p.m. The proposed assessment district generally affects those non- residential and non-recreational properties from Green Street north to the Carquinez Strait that lie within the 100-year flood plain. Also attached is a map showing the boundaries of the proposed assessment district. MARCIA.RAIN S, C1I'Y'MANAGER Property Owner ALHAMBRA CREEK ASSESSMENT DISTRICT June 11, 1998 Page 2 All property owners within the proposed assessment district have the right to vote for or against the formation of the district. Since you are a property owner within the proposed assessment district, enclosed is an Assessment Ballot for which to cast your vote. The ballot provides for your signature and also shows the Assessor's Parcel Number of your property as well as the maximum assessment. Please note that the assessment amount shown on the ballot is the principal due if paid within 30 days of receipt of Notice to Sell Bonds which is tentatively scheduled for April 1999. Generally speaking, an annual assessment over the 20- year term of the bond is approximately one tenth (l/10) of the principal due. Once, your vote is cast and ballot signed, place the ballot in the pre-stamped and pre- addressed envelope. You may mail the ballot or simply bring it to the City Clerk's office at City Hall. In order for your ballot to count,we must receive it before the close of the Public Dearing on July 29, 1998. The proposed assessment district cannot be formed if the number of ballots returned in opposition are greater than those returned in favor. For your further information and review, I have enclosed the following additional items: • Notice of Public Hearing A copy of the Resolution of Intention (Resolution No. 057-98) along with Exhibit "A" Description of Improvements. Information concerning duration of assessments, reason for assessment, basis of assessment calculation and summary of assessment ballot procedures. (Exhibit "B-") In addition to the enclosed information.,a complete engineer's report along with an executive summary is available for your review at the Community Development counter and at my office. If you have any questions or desire further information, please call me or Jim Zumwalt, City Engineer, at 372-3563. Thank you for your cooperation and patience in considering the formation of this assessment district. As I mentioned before, this additional funding is required to complete the much needed Alhambra Creek Flood Control Projects. Sincerely, �y"I Marcia Raines City Manager MR:ehn Attachments MARCIA RAINES, CITY MANAGER � r' sem..,.... ,.,,•t4"` .-„«.«^"..N ���" � /.. c Ci I OF MARTINEZ 1yq r �+ WAT /fes �.... }{ 1 -` \\ .Eun '�• t ti+.�1G�P� AL +A8RA " AI�_ROAO ter. /� } a9y� Epy o�. rf•- �� �� � ( � moi. �1 .Y ii11 ��/„///_ J �1... .� �� \ `.4 ���((r"'� � 4 y 4•. t,�x'J,s :i, '�. ..•yr,.. fit✓\,'' S .,ri G .X-�? us �,'�4}a 9 � �� �5 ) \v .''�«.� s ray � • `a sT .A��"+. �.c. .."'y`� �,x y r .� ( '''�;� l3 �}� ? £ T° '� •..y.� Oaa� a ��a�� T - - � Y «ca4 w .,, £� { r�' oro ?,.,. •�i � ,4; * 's r ".��ax. ., ;�., frCspitac. .}. CrNTRA COSTA m-OSIR WAR CIt$tz `l VACNT 00 C 1 c oIOf _. r f>r r+rr4 4 5 rAlt?trtl 1 !4r-Soup 0 A �a. t- ---- ...-.--� R A t 1. ,,,,,_.. ♦ �� os CATWC'L f. cc CD-R- 40 a , }a r ♦/ °� , ' a .tea' oSIRF r M �l ♦ � # � - N4• . +r.. .,�, t, ♦�r�•'� �� r.: qtr. �". NAP tJhEx CttrRr f ARK f ♦ 'S1'�� �. EX-HJ-Bff OB" Duratign of Asff meats If the assessment on each parcel is not sooner paid, it will be amortized over the term of the bonds sold to finance the improvements. Installments of principal and interest will be charged on the parcel's annual property tax bill, the last installment maturing not to exceed 19 years from the second day of September next succeeding twelve months from their date. Reason for Assessment This assessment is proposed to be levied to provide the work and improvements described in Exhibit "A" attached to the Resolution of Intention enclosed herein. This work specially benefits the parcels assessed therefor since 1) the work is within or adjacent to the neighborhoods within which said parcels are located, and results in helping to improve the quality of life in these neighborhoods by reducing the potential for flooding and providing addedsecurity and safety through flood control improvements and an added City presence; and 2) in the absence of this assessment district, the work and improvements would not be otherwise accomplished by the City. Basis of Agggg en C tc laativn The amounts to be assessed against the assessable lots or parcels of land to pay the estimated cost of the improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, shall be based upon the estimated special benefits to be derived by the various lots or parcels of land within the assessment district. Special benefits received by individual parcels from construction of the proposed improvements are determined to be related to two parcel characteristics: parcel size and parcel use (zoning), since each of these factors relate to the extent to which a parcel suffers' inconvenience and economic loss from flooding. Larger parcels potentially contain a higher value of improvements than smaller parcels, and parcels zoned for more intense uses have a higher risk of inconvenience, physical damage and economic loss than those zoned for less intense uses. Therefore, parcels shall be assessed in accordance with the following formula: Each parcel shall be assessed in proportion to its weighted area. Weighted areas shall be calculated by multiplying each parcel's actual area by a weight factor depending on the parcel's zoning designation, as follows: Zoning Designation Weight Factor CC (Central Commercial) 1.00 SC (Service Commercial) 1.00 PA (Professional & Administrative) 1.00 GF (Governmental Facilities) 1.00 R3.5 (Residential) 0.50 LI (Light Industrial) 0.25 M-OS (Open Space) 0.10 .................................- ..................................- .................. ........................................................... ... .............. ......- Summary of Assessment Ballot-Procedures The enclosed ballot should be completed by indicating support for or opposition to the proposed assessment and the proposed Basis of Assessment Calculation (set forth above), and should be mailed or hand delivered to the address printed thereon, to arrive no later than the close of the public testimony portion of the public hearing, Wednesday, July 29, 1998. At the public hearing, the City shall tabulate the ballots. The City shall not impose any assessment if the number of ballots received in opposition to the proposed assessment exceeds the number of ballots received in support of the proposed assessment, weighing these assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each ballot is submitted. In the absence of a negative vote, the City may impose an assessment that is equal to or less than the proposed assessment amount. Any owner of property subject to an assessment may, prior to the conclusion of the public testimony portion of the public hearing, submit, change or withdraw an assessment ballot with the Clerk. In the event that more than one of the record owners of an identified parcel submits an assessment ballot, the amount of the proposed assessment to be imposed upon the identified parcel shall be allocated to each ballot submitted in proportion to the respective record ownership interests or, if the ownership interests are not shown on the record, as established to the City's satisfaction by documentation submitted by those record owners. ..................... .......... RESOLUTION NO. 057"-98 RESOLUTION OF INTENTION TO FORM THE ALHAMBRA CREEK ASSESSMENT DISTRICT AND MAKE ACQUISITIONS AND IMPROVEMENTS RESOLVED by the City Council (the "Council") of the City of Martinez (the "City") , County of Contra Costa (the "County") , Sate of California, as follows; 1. Intention. The public interest, convenience and necessity require, and that it intends to order the Making of the acquisitions and improvements (the "Improvements") described in Exhibit "A" attached hereto and made a part hereof in and for the City's proposed Alhambra Creek Assessment District (the "Assessment District") . 2 . Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as 'provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Act") . 3 . Engineer of Work. John H. Heindel, Consulting Civil Engineer is hereby appointed as Engineer of work and is authorized to perform the engineering services enumerated in his written agreement, a copy of which is on file with the Clerk, in connection with the Assessment District and said firm shall be compensated for performing such services in accordance with the terms and conditions contained in said written agreement. The City Manager of the City is hereby authorized to execute said agreement on behalf of the City. 4. Engineer's Report. The proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by this County for that purpose, and said Engineer is hereby directed to make and file with the County Clerk a report, in writing, pursuant to Section 10204 of said Streets and Highways Cede (herein, the "Engineer's Report") . 5. Preliminary Engineer's Report. This City Council hereby accepts, approves and confirms the Preliminary Report dated. April 1998 prepared by John H. Heindel, Consulting Civil Engineer as the Engineer of Work pursuant to and in accordance with Section 10204 of the Streets and Highways Code relating to the Assessment District. This City Council further directs the Engineer of Work to prepare and file with this City Council the final written report relating to the Assessment District. ................... ............... ..................... ......... ...............- ...............- 6. Acquisition of Improvements. It is the intention of this Council to order acquisition of the Improvements, as generally described in Exhibit "All attached hereto and incorporated herein by reference, pursuant to the provisions of the Act. , The description of Improvements contained herein is general in nature. The plans and profiles of the work, and maps and descriptions, as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. 7 . Work on Private Property. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 8. Nature and Location of and Grades for Improvements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. Notice is hereby given of the fact that the work and improvements may bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades. 9. Special Benefit and Boundary Map. The contemplated acquisitions and improvements, in the opinion of this Council, are of special benefit to the owners of property within the Assessment . District, and the costs and expenses thereof are made chargeable upon the Assessment District, the exterior boundaries of which are shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory proposed to be included in Assessment District and shall govern for all details as to the extent of the Assessment District. lo. Public Property Exempt. The City declares that all public streets, highways, lanes and alleys within the Assessment District in use in the performance of a public function, shall be omitted from any assessment hereafter to be made to cover the costs and expenses of the acquisitions and improvements. 11. use of Surplus. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purposes: ——--------- ............. (a) Transfer to the general fund of this City, provided that the amount of any such transfer shall not exceed the lesser of $1, 000 or 5% of the total amount expended from the improvement fund, (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds, or both, or (c ) For the maintenance of the improvements. 12 . Contact Person. Ronald E. Peterson, Administrative Services Director, City of Martinez, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 525 Henrietta Street, Martinez, California 94553, or by 'calling telephone number (925) 372-3577 . 13 . Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this City, or of any public utility, it is the intention of this Council to enter into an agreement with such public 'agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may provide for, 'among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements and acquisitions by such agency, or utility in accordance with its rates, rules and regulations,', and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 14 . Improvement Bonds. Notice is hereby given that serial and/or term improvement bonds to represent unpaid assessments, and bear interest at the rate of not to exceed such rate of interest as may be authorized by applicable law at the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law"') , the last installment of which bonds shall mature not to exceed thirty (30) years from the second day of September next succeeding twelve months from their date. The bonds shall be issued in such series and shall mature in such principal amounts at such times as shall be determined by this Council at the time of issuance of such bonds. The principal amount of the bonds maturing or becoming subject to mandatory prior redemption each year may be other than an amount equal to an even annual proportion of the aggregate principal of the bonds and the amount of principal maturing or becoming subject to mandatory prior redemption each year plus the ....................- ................. ...................- ............. amount of interest payable in that year may be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted, to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. The provisions of Part 11. 1 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law. ! It is the intention of the City that the city will not obligate itself to advance available funds from the treasury of the City to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that a determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing funds. 15. Refunding of Bonds. The bonds may be refunded pursuant to the provisions of Division 11. 5 of the California Streets and Highways Code upon the determination of the Council of the City that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the assessments given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the California Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro-rata basis, the Council may approve and,confirm the report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 ' (commencing with Section 9600) of Division 11. 5 of the California Streets and Highways Code. 16. Division 4 . Reference is hereby made to proceedings and pursuant to Division 4 of the Streets and Highways Code of California which are on file in the office of the City Clerk. (It is the intention of this Council to comply with Division 4 of the Streets and Highways Code of California by proceeding under Part 7 .5 thereof. To that end, the Engineer of Work is hereby directed to include in the Engineer's Report all of the material specified by such Part 7 . 5 and for which the total true value shall be estimated as the full cash value of the parcels of land in the assessment District as shown on the last equalized assessment roll of the County. ------------ ---------- ...... 17 . No Private Contract. Notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract', for the construction of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. 1 HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the City Council of the City of Martinez at an Adjourned Regular Meeting of said Council held on the 8th day of May, 1998 by the following vote: AYES: Councilmember Ross, Schroder, Woodburn, Vice Mayor Farley and Mayor Menesini NOES: None ABSENT: None RICHARD G. HERNANDEZ, CITY CLERK By: if"4� r4, vx Mefcyk G. abra Acting D puty City Clerk City of Martinez EXHIBIT "All CITY OF MARTINEZ ALHAMBRA CREEK ASSESSMENT DISTRICT DESCRIP`T'ION OF IMPROVEM'E'NTS Improvements to Alhambra Creek as follows: 1. Restore the marsh adjacent to the creek, between the Union Pacific Railroad tracks and Carquinez Straight, to provide a 100 year level of protection. 2. Upgrade the bridge under the Union Pacific tracks to provide a 100 year level of protection. 3. Improve the creek channel between Marina Vista and Green Street, to provide a 10-15 year level of protection. 1