COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street Hayward, CA (510)

Transcription

1 FLOOD CONTROL AGENDA ITEM # May 5, 2009 COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street Hayward, CA (510) April 20, 2009 The Honorable Board of Supervisors County Administration Building 1221 Oak Street Oakland, CA Dear Board Members: SUBJECT: ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT), BENEFIT ASSESSMENT PROGRAM FY 2009/10 ACCEPT ANNUAL ENGINEER'S REPORT; SET PUBLIC HEARING, HOLD PUBLIC HEARING AND ADOPT ASSESSMENTS RECOMMENDATION: In order to maintain the flood protection system in the Alameda County Flood Control and Water Conservation District (District), it is recommended that your Board: 1. Accept the Annual Engineer's Report, which describes the parcels of real property within the District and proposed assessments for Fiscal Year ; and 2. Set June 9, 2009, at 9:30 a.m., in your Chamber as the time and place for a public hearing concerning the Annual Engineer's Report and proposed assessments; and 3. Direct the Clerk to publish the notice of hearing once a week for two successive weeks, in accordance with Government Code Section At the public hearing, hear and consider statements for or against the Annual Engineer's Report and proposed assessments, and after the hearing, adopt a resolution confirming the Annual Engineer's Report and any adjustments made as result of the hearing, and establish the assessments for Fiscal Year "To Serve and Preserve Our Community"

2 Honorable Board of Supervisors Page 2 April 20, 2009 SillVIMARYIDISCUSSION: The District Benefit Assessment Program pertains to Flood Control Zones 2, 2A, 3A, 4, 5, 6, 9, 12 and 13. The District maintains hundreds of miles of flood control channels, levees, storm water pump stations, detention ponds, silt basins, tide gates, dams, and reservoirs. These assessments are critical to the safe maintenance, operations, and improvements to those facilities. The District does not provide services for the cities of Alameda, Albany, Berkeley, and Piedmont. Flood Control Zone 7, located east of the Pleasanton Ridge, is served by a separate office and Board ofdirectors. District assessments are based on benefits received. Benefits are proportionate to the amount of storm water runoff from each parcel of property. Runoff relates directly to each parcel's size and use. Assessments will remain unchanged for Fiscal Year The total assessment revenue to be collected in Fiscal Year is estimated at $9,346,000. FINANCING: The recommended assessments for the District are necessary to cover the costs of providing the flood control services, which could not otherwise be funded. As this District is self-supporting, no General Fund monies are used to finance its operations. Yours truly, /J ~. ~~ D",,~ldesenbet,Ph.D., P.E. Director of Public Works c: Hank Ackerman, Flood Control Manager County Counsel Auditor-Controller Treasurer-Tax Collector DW/HA:mbc RE-HANK-RS Llr RAP FY doc

3 Approved as to Form RICHARD E. WINNIE, County Counsel By:.~ ~ Deputy THE BOARD OF SUPERVISORS OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, STATE OF CALIFORNIA RESOLUTION NUMBER: R RESOLUTION TO ACCEPT ENGINEER'S REPORT AND SET PUBLIC HEARING ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT WHEREAS, the Director of Public Works has filed with this Board of Supervisors a written Annual Engineer's Report concerning the Alameda County Flood Control and Water Conservation District, Benefit Assessment Program for the Fiscal Year, which report complies in all respects with the requirements of Alameda County Ordinances FC 79-2, FC , , and ; NOW, THEREFORE, BE IT RESOLVED, that such report be received and accepted, and that the Clerk of this Board is hereby directed to file the same; and BE IT FURTHER RESOLVED that Tuesday, June 9, 2009, at 9:30 a.m., is fixed as the date and time for the hearing to be held in the regular meeting room of the Board of Supervisors, Fifth Floor, Alameda County Administration Building, 1221 Oak Street, Oakland, California 94612; and BE IT FURTHER RESOLVED that the Clerk of this Board shall cause notice of the hearing to be published once a week for two (2) successive weeks in The Inter-City Express, such notice to be in substantially the following form: NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Alameda County Flood Control and Water Conservation District, State of California, has received the Annual Engineer's Report concerning the benefit assessments for flood control purposes to be levied on real property in certain zones in the District for the Fiscal Year, and that a public hearing upon such report will take place on Tuesday, June 9, 2009, at 9:30 a.m., in the regular meeting room of the Board of Supervisors, Fifth Floor, Alameda County Administration Building, 1221 Oak Street, Oakland, California At the hearing, the Board will hear and consider all protests. RE-Hank-Resolution Accept Rpt BAP 09-IO.doc

4 Flood Control fd Water Conservation IJlSIUICT Benefit Assessment Program Annual Engineer's Report Fiscal Year Alameda County Public Works Agency 399 Elmhurst Street Hayward, CA PH: MaY5,2oog

5 FY TABLE OF CONTENTS I. Introduction 2 II. District Zones 2 Page Map - Alameda County Flood Control Zones 3 III. Background 4 IV. Benefit Assessments Table 1 - Land Use Categories 4 5 V. Historical Assessments 5 VI. Proposed Assessments 6 Table 2 - Benefit Assessment Rates VII. Sample Assessment Calculations VIII. Engineer's Statement Table 3 - Estimated Revenue and Appropriations RE-HANK-FLDES-BAP Report 09-1 O.Doc 1

6 FY2009-l0 I. INTRODUCTION The Alameda County Flood Control and Water Conservation District (District) Benefit Assessment Program Annual Engineer's Report (Report) is presented to the Alameda County Board of Supervisors annually for review and public hearing in compliance with Ordinances FC 79-2, , , , and This Report describes the Benefit Assessment Program's background, proposed flood assessments, and explains how assessments are calculated. For more information and to view this report, visit Copies may be purchased for $6.00 each (contact information below). payable to Alameda County Treasurer. Make checks Alameda County Public Works Agency Maps & Files - Room Elmhurst Street Hayward, CA Telephone #: (510) II. DISTRICT ZONES For purposes of flood control protection, the District is divided into zones that roughly correspond to major watershed boundaries (see Alameda County Flood Control Zones map, Page 3). RE-HANK-FLDES-BAP Report Doc 2

7 Alameda County Flood Control Zones W+E S Legend ~~~'"... Crties /'V Highways.. WaterBody 7.2 ~ Coonty Boundary _4 I 12A 03A _ Flood Control Zones c:::j 12.'3 " o Non-Zone C\..AIameda ColI'tY. Cdb'Na ~ PlbIicv.bftlsAgenoj u '.0,COO=O==20=PiiiOiiiO iii40.,oco=o======60:i,o~.a.. 1 Inch equals fest

8 FY III. BACKGROUND Historically, the Alameda County Flood Control and Water Conservation District (District) levied a District-wide tax and zone assessments on an ad valorem basis under the District Act, Section 12. After the passage of Proposition 13, follow-up legislation (SB 154) defined special ad valorem assessments as taxes. This meant that District special assessments were subject to Proposition 13 limitations. The State Legislature recognized the vital public safety service furnished by flood control districts and passed AB 549 (Frazee), the Benefit Assessment Act of The Act authorized flood control districts to levy benefit assessments to help finance their operations. It required that assessments be proportionate to the runoff from each parcel ofproperty. The Benefit Assessment Program for Zones 2, 2A, 3A, 4, 5, 6, 12 and 13 was adopted by the Alameda County Board of Supervisors on September 18, 1979, following two public hearings. The Program was continued by voter approval (Average 73.4%) in June In 1982, AB 630 (Frazee) repealed AB 549 and authorized the District to continue to levy benefit assessments based on the proportionate amount of stonn water runoff from each parcel of property. In FY 1984/85, Zone 9 began its benefit assessment program by voter approval at 72.5%. With the passage of Proposition 218 in November 1996, increases in benefit assessment rates shall be by ballot of the property owners in the affected areas and the increase will only be valid if a majority of the property owners agree to the increase. The ballots shall be weighted in proportion to assessment liability. IV. BENEFIT ASSESSMENTS Law requires that assessments be based on estimated benefit, which may be based on the proportionate amount of stonn water runoff from each parcel of property. The amount of runoff relates directly to each parcel's size and use. Larger parcels would generate greater runoff, as would more highly developed parcels with a greater amount of impervious surfaces. The Board established five categories ofland use for assessment calculations (see Page 5, Table 1). Benefit Assessments are levied and collected at the same time as the County property taxes. RE-HANK-FLDES-BAP Report 09-IO.Doc 4

9 FY TABLE 1 - LAND USE CATEGORIES Group A - Group B - Group C - Group D - Group E - Commercial and Industrial Institutions, Apartments/Condos (5 or more units); (churches, schools, hospitals; apartment and other multiple living, such as condos, mobile home parks, in excess of 4 units) Single Family; Small Multiple Residential/Townhomes (2-4 Units) Undeveloped land-vacant Land used for (agriculture, open space, farming, vineyards, crops, parks, etc. Vacant Land which is undisturbed (not tilled, planted or irrigated). This land may be used for grazing. V. HISTORICAL ASSESSMENTS The assessments listed below are minimum annual rates for Single Family Residence (SFR) properties. There has not been an increase in benefit assessment rates since Fiscal Year 1992/1993, with the exception of Zone 6 which was increased from $26.60 per residential parcel to $32.00 in Zone $ $ $ A A RE-HANK-FLDES-BAP Report 09-1 O.Doc 5

10 FY v. PROPOSED ASSESSMENTS The assessment rates listed in the Benefit Assessment Table below are necessary for the District to continue to operate and maintain the existing flood control system. TABLE 2 - BENEFIT ASSESSMENT ANNUAL RATES FISCAL YEAR Land Use Categories Group A Group B Group B-Condos Group C Group D Group E I Min. I Min. Charge I I Min. I Min. I Min. Zone $/Acre Assmt. $ $/Acre Assmt. $ Factor $ Rate $ $/Acre Assmt. $ $/Acre Assmt. $ $/Acre Assmt. $ * A * * * * * * * For areas over 0.25 acres, use the minimum annual rate for first 0.25 acre and the undeveloped land annual rate (Group D) for the remainder. RE-HANK-FLDES-BAP Report 09-IO.Doc 6

11 FY VII. SAMPLE ASSESSMENT CALCULATIONS Assessments are based on three factors: 1) land use (assigned by Assessor); 2) land area (size ofparcel expressed in acres); and 3) property location (flood zone). Minimum Assessments - Parcels with an area less than 0.25 acre Benefiting properties with 4 or less units per parcel and an area of 0.25 acres or less are charged a minimum assessment per land use category. The following parcel areas are each charged the minimum assessments (see Page 6. Table 2) for their land use category and location. Examples: Use Table 2 - Benefit Assessment Rates to determine assessment rate Land Use Minimum Location Category/Group Parcel Area Assessment Zone 5 C Single Family Residence 0.23 ac. $ Zone 12 C Single Family Residence 0.14 ac. $ Zone 2 A Commercial Property 0.23 ac. $ Parcels with an Area greater than 0.25 ac. Land Use Parcel Rate Location Category/Group Area Ac. Assessment Zone 2 A Commercial Property 3.0 ac. x = $ Zone 2 D Vacant Land - Vineyard 3.0 ac. x 1.33 = ($ 3.99*) Zone 5 C Single Family Residence 1.26 ac. x See = $ Below *Less than min. assessment; therefore, assessed $13.30 (min. rate) acres = 0.25 acre (minimum assessment) $ acre at $1.33 per acre = (1.01 acre at the vacant land rate) Condominiums (5 or more units): Assessment: $ For parcels with condominium improvements (5 or more units), use Group B - Condos charge factor and rate. Ex: 17 condos in Oakland (Zone 12); lot size = 0.12 acre; 0.12 ac. -;- 17 condos = acre per condo. Assessment = ac./condo x $0.60 (charge factor) x $160 (rate) = $ or 68 per condo. RE-HANK-FLDES-BAP Report 09-1 O.Doc 7

12 FY VIII. ENGINEER'S STATEMENT WHEREAS, by Resolution, on May 5, 2009, the Board of Supervisors of the Alameda County Flood Control and Water Conservation District (Board), State of California, in compliance with the Benefit Assessment Act (Act) will accept this Annual Engineer's Report stating the Board's intention to levy benefit assessments for flood control purposes for the Fiscal Year and hold public hearing; and WHEREAS, public notice will be published as required by State of California Government Code and Alameda County Ordinance Code provisions; and WHEREAS, by Resolution on June 9, 2009, the Board is expected to confinn the Annual Engineer's Report for the Benefit Assessment Program and adopt the assessment to be levied against each parcel; NOW, THEREFORE, the following assessment, with no increases from the prior year, is made in order to cover the portion of the estimated cost of flood maintenance, operation, acquisitions, improvements, and costs and expenses incidental to be paid by the District. Designated capital reserves represent the accumulation of funds over time that are set aside for specific future flood control projects. TABLE 3 - ESTIMATED REVENUE AND APPROPRIATIONS Alameda County Flood Control & Water Conservation District Benefit Assessment Program Estimated Revenue and Appropriations FISCAL YEAR Budget Organization Flood Control Zones Total Beginning Fund Balance Available (Estimated) , A 2, A 10, , , , ,834 TOTALS 76,752 (Dollars X 1,000) Property Taxes 2, , ,376 3, , ,135 ESTIMATED REVENUE Misc. Revenue , , ,027 Benefit Assessment 1, , ,106 1, , ,346 Total Revenue 5, , ,472 6, , ,502 Appropriations 5, , ,094 11, ,569 1,514 64,898 Designated Capital Reserves 3,000 2,300 5, ,200 12, ,000 6,300 47,900 RE-HANK-FLDES-BAP Report 09-1 O.Doc 8

13 FY The recommended assessments upon the several subdivisions of land within the District are in proportion to the estimated benefits to be received by the subdivisions, respectively, within the District and each ofthe listed zones, as described in the Boundary Map on file at the Agency's Elmhurst Street office in Hayward, CA. By: Dated: RE-HANK-FLDES-BAP Report Doc 9