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Home My WebLink AboutMINUTES - 06172008 - C.51 A. s _-L Contra TO: BOARD OF SUPERVISORS Costa FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Count y DATE: June 17,2008 SUBJECT: ADOPT Resolution No. 2008/ accepting the Fiscal Year 2008/2009 Annual Report for Contra Costa County Service Area M-28 (CSA M-28) Bethel Island Area. (CSA M-28 Funds) (District V)Project No.: 7473-6X9E70 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: ADOPT Resolution'No. 2008/accepting the attached Fiscal Year 2008/2009 Annual Report for County Service Area M-28 (CSA M-28) and declaring the intent to collect the annual water service charge. FIX a Public Hearing for July 8, 2008 at 9:30 a.m. in the Board of Supervisors' Chambers, 651 Pine Street, . Martinez, California to authorize the charge be placed on the FY 2008-09 property tax rolls. Continued on Attachment:X . SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR KECOMMENDATION OF BOARD COMMITTEE "APPROVE OTHER SIGNATURE (S): ACTION OF BO(7 ON� c, 17 '.vv�APPROVED AS RECOMMENDED X- OTHER *E OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of JW:ab Supervisors on the date shown. G:\SpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc Orig.Div:Public Works(Special Districts) Contact: Warren Lai(313-2180) O cc: Assessor ATTESTED: Auditor-Controller JOHN CULLEN,Clerk 44 defard of Supervisors and County Counsel � Ad trator Special Districts By Deputy C.S/ SUBJECT: ADOPT Resolution No. 2008/*** accepting the Fiscal Year 2008/2009 Annual Report for Contra Costa County Service Area M-28 (CSA M-28), Bethel Island Area. (CSA M-28 Funds)(District V)Project No.: 7473-6X9E70 DATE: June 17, 2008 PAGE: 2 Recommended Action: (con't) 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 25210.77a(Government Code Section 6066) and County Ordinance Code Section 1012-2.608. Fiscal Impact: There is no fiscal impact to the County General Fund. All costs will be covered with revenue from CSA M-28. Reasons for Recommendations and Background: The proposed annual levy of water service charges benefits all property owners within CSA M-28 (Willow Park. Marina Water District) by providing for a community water system (miscellaneous extended service) in accordance with Government Code Section 25210.4(d). M-28 services includes, but are 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 25210.4(a)(1)]. In addition, the annual charge rate for CSA M-28 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 will be increased from $79,818 to $81,212.14 per parcel. Attachment A included with this Board Order includes the Annual Report as required by the Government Code. Consequences of Negative Action: The District would be unable to have the Fiscal Year 2008/2009 water service fees collected by the County Tax Collector, and an alternate source of funding would have to be identified. C�✓ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution.on June 17, 2008 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO, BONILLA&GLOVER i NOES: NONE I ABSENT: NONE j ABSTAIN: NONE _ _ _ — RESOLUTION NO. 2008/ya` SUBJECT: ADOPT Resolution No. 2008/*** accepting the Fiscal Year 2008/2009 Annual Report for Contra Costa County Service Area M-28 (CSA M-28), declaring the intent to levy and collect the annual water charge and fix a public hearing for July 8, 2008 at 9:30 a.m. to authorize the charge be placed on the FY 2008-09'property tax rolls, Bethel Island Area. (CSA M-28 Funds)(District V)Project No.: 7473-6X9E70 The Board of Supervisors of Contra Costa County FINDS THAT: 1. Section 25210.77a(a) of the California Government Code requires the legislative body to direct a Report be prepared each fiscal year for CSA M-28 which shall contain; 1) a description of each parcel of real property receiving a particular extended service and 2) the amount of the charge for each parcel for such fiscal year. 2. Section 25210.77a(a) of the California Government Code requires the Report to be filed with the Clerk of the Board of Supervisors. 3. Section 25210.77a(b) of the California Government Code requires upon filing of the Report a public hearing be fixed. 4. Section 53750 of the California Government Code, requires property owners within CSA M-28 to be noticed and balloted if their charge is a proposed to be increased above a previously approved maximum charge rate. Since the proposed increase is within the proposed maximum rate that was approved by a vote in Fiscal Year 2007-08, noticing and balloting are not required. NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS: 1. The FY 2008-09 Annual Report for CSA M-28 has been prepared and filed with the Clerk of the Board of Supervisors per attachment Exhibit A. 2. The Board directs a public hearing (the "Hearing") be fixed on July 8, 2008 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 3. The Board directs the Clerk of the Board to immediately provide the Public Works Department of Contra Costa County with a copy of this resolution. 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.Mab GaSpDist\Board Orders\2008\06-10.08 BO(Fixing_M-28).doc ATTESTED: Contact: Warren Lai Administrator JOHN CULLEN,Clerk of a Board of Supervisors and County M. County Administrator Admistr 'Or Assessor m Auditor-Controller Community Development County Counsel ,Deputy CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 Willow Park Marina Water District ANNUAL REPORT FOR FISCAL YEAR 2008/2009 JUNE 109 2008 Board of Supervisors John M. Gioia,District 1 Gayle B. Uilkema, District 2 Mary N. Piepho, District 3 Susan Bonilla, District 4 Federal D. Glover,District 5 Prepared by Contra Costa County Public Works Department County Service Area M-28 (Willow Park Marina Water District) BACKGROUND Fiscal Year 2008-09 ANNUAL REPORT BACKGROUND INFORMATION On December 10, 1991 the Contra Costa Board of Supervisors approved County Resolution 91/807 which formed County Service Area M-28 (Willow Park Marina 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 25210.77a 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. The process to increase the charge is discussed below. CURRENT ANNUAL ADMINISTRATION As required by the County Service Area Law California Government Code Section 25210.77a(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 24, 2008, regarding the 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. 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 XM to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the fees, charges and assessments. GASpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc - 1 - County Service Area M-28 (Willow Park Marina Water District) BACKGROUND Fiscal Year 2008-09 ANNUAL REPORT 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. G:\SpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc 2 - County Service Area M-28(Willow Park Marina Water District) Fiscal Year 2008-09 ANNUAL REPORT ANNUAL REPORT ON WATER SERVICE FISCAL YEAR 2008/2009 Pursuant to the County Service Area Law (commencing with Section 25210 of the California Government), and in accordance with the Resolution of Intention, being Resolution No. accepting the Annual Report, adopted by Contra Costa County Board of Supervisors, on June 10, 2008, and in connection with the proceedings for: CONTRA COSTA COUNTY - COUNTY SERVICE AREA M-28 WILLOW PARK MARINA 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 25210.77a(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 2008/2009, 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 2008/2009, 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 2007/2008. 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. GASpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc - 3 - County Service Area M-28 (Willow Park Marina Water District) PART A Fiscal Year 2008-09 CHARGE LIST & METHOD 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 2008/2009, 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 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). The February 2008 CPI Index is 219.612, therefore the maximum rate for FY2008/2009 is $81,212.14 per parcel. It is proposed to levy charges at the maximum rate for FY2008/2009. Water Service Charge List Parcel FY2007/2008 Proposed FY2008/2009 Number Amount Amount 029-020-004-7 $79,818.00 $815212.14 TOTAL $799818.00 $81,212.14 Levy Code: GO Fund: 2473 Revenue: 9797 GASpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc -4 - County Service Area M-28 (Willow Park Marina Water District) PART B Fiscal Year 2008-09 ESTIMATE OF COST 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 2007-08 FY 2008-09 6 month actuals/ Prop. Budget . 6 month projections Revenue: Beginning Fund Balance $71,370.34 Earnings on Investment $1,264.52 $0.00 Taxes and assessments $79,818.00 $81,212.14 Total Revenue Available: $152,452.86 $81,212.14 Expenditures: Communications ($250.00) ($250.00) Utilities Water&Electric (S 18,000.00) ($18,000.00) Memberships ($200.00) ($200.00 Professional/Specialized Svcs. on-Coup $55,860.74) ($37,787.14) Public Works Contracts ($1.7,870.41) (515,000.00) Professional/Specialized Svcs. Other County Dept.) $0.00 $0.00 Interest on Notes&Warrants ($180.23) ($200.00) Taxes&Assessment Fees ($300.00) ($300.00) Interfund Expense-Other County Departments ($175.00) ($175.00) DOIT Phone Exchange ($294.33) ($300.00) Pub. Works Labor Reimbursement $8,484.06) "$9,000.00) Office Equipment&Furniture $0.00 $0.00 Government Entity Reimbursements $0.00 $0.00 Capital Improvement&Replacement Projects Capital Improvement Projects (550,838.09) $0.00 OperatingPperating Reserves Goal is 50%of Revenue) $0.00 $0.00 Total Expenditures: ($152,452.86) ($81,212.14) GASpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc - 5 - County Service Area M-28(Willow Park Marina Water District) PART C Fiscal Year 2008-09 DIAGRAM 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. ySIT mfr _ a i b, G:\SpDist\Board Orders\2008\06-10-08 BO(Fixing_M-28).doc - 6 - HEARING CONFIRMATION FORM Hearing Date: July 8,2008 @ 9:30 am. Name of Person Phoning to Request Hearing: Angela Bell Phone No.: 313-2170 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff on: Agenda Language (how it will read on the calendar): ADOPT Resolution No. 2008/*** accepting the Fiscal Year 2008/2009 Annual Report for Contra Costa County Service Area M-28 (Willow Park Marina Water District), declaring the intent to levy and collect the annual .water charge and fix a public hearing for July 8, 2008 at 9:30 a.m, to authorize the charge be placed on the FY 2008-09 property tax rolls, Bethel Island Area. (County Service Area M-28 Funds)(District V) Project No.: 7473-6X9E70 Anticipated length of the hearing: 5 minutes or less X or more Is it controversial? Yes No X Noticing Requirements: Government Code Section: 6066 Publication Requirements: Once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day. Who is to Publish the Notice? COB X PWD N/A It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. If posting of notice is required, who will post?N/A If mailing the notice is required, who will provide the clerk with the correct mailing list and labels? N/A When will this "fix hearing item"be listed on the Board agenda as a consent item? June 17, 2008 JW E:\$transfer04-08-08\Contra 08-09\CSA M-28 Willow Park Marina\06-10-08 ROI\06-10-08 BO(Fixing_M-28).doc cc: J.Waters,Administration PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board eshargcob.co.contra-costa.ca.us FROM: Warren Lai Public Works Department (925) 313-2180 BOARD MTG. DATE: June 17, 2008 PREVIOUSLY APPROVED BY BOS ON: N/A HEARING DATE: July 8, 2008 PUBLICATION DATES: REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not type below this line—Publication language on following page NOTICE OF A PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA, CALIFORNIA NOTICE IS HEREBY GIVEN that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107, at 651 Pine Street, Martinez, California, to hold a public hearing on July 8, 2008 at 9:30 a.m., to consider comments of any interested person, either written or oral, on the annual charge for Contra Costa County CSA M-28 (Willow Park Marina Water District) and to authorize the charge be placed on the FY 2008-09 property tax rolls, Bethel Island Area. 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: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By , Deputy PUBLICATION DATES: 2008