FLOOD CONTROL AGENDA ITEM # May 1,2012 COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 ELmhurst Street Hayward, CA 94544-1307 (510) 670-5480 April 16,2012 The Honorable Board of Supervisors County Administration Building 1221 Oak Street Oakland, CA 94612 Dear Board Members: SUBJECT: ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) BENEFIT ASSESSMENT PROGRAM FY 2012/13, 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 2012-2013; and 2. Set Tuesday, June 19, 2012, at 9:30 a.m., in your Chamber as the time and place for a public hearing concerning the Arumal 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 6066. 4. At the public hearing, hear and consider statements for or against the 2012-2013 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 2012-2013. "To Serve and Preserve ur Community"
Honorable Board of Supervisors Page 2 May 1,2012 SUMMARY/DISCUSSION: 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 of Directors. 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 2012-13. The total assessment revenue to be collected in Fiscal Year 2012-2013 is estimated at $9,467,000. 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. Y02~ Daniel Woldesenbet, Ph.D., P.E. Director of Public Works c: Hank Ackerman, Flood Control Program Manager County Counsel Auditor-Controller Treasurer-Tax Collector DWIHA:tt
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 2012-2013 Fiscal Year, which report complies in all respects with the requirements of Alameda County Ordinances FC 79-2, FC 0-84-19,0-93-27, and 0-93-28; 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, J.une 19, 2012, at 9:30 AM 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 2012-2013 Fiscal Year, and that a public hearing upon such report will take place on Tuesday, June 19, 2012, at 9:30 AM in the regular meeting room of the Board of Supervisors, Fifth Floor, Alameda County Administration Building, 1221 Oak Street, Oakland, California 94612. At the hearing, the Board will hear and consider all protests.
Flood Control & Water Conservation uis'(' J{ 1(:1' Benefit Assessment Program Annual Engineer's Report Fiscal Year 2012-2013 Alameda County Public Works Agency 399 Elmhurst Street Hayward, CA 94544 www.acgov.org/pwa; PH: 510-670-5480 April 16, 2012
TABLE OF CONTENTS I. Introduction 2 II. District Zones 2 Page Map - Alameda County Flood Control Zones 3 III. Background 4 IV. Benefit Assessments 4 Table 1 - Land Use Categories 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 6 7 8 8
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, 0-84-19, 0-93-27, 0-93-28, and 0-94-26. This Report describes the Benefit Assessment Program's background, proposed flood control assessments, and explains how assessments are calculated. For more information and to view this report, visit www.acgov.org/pwa. 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 240 399 Elmhurst Street Hayward, CA 94544 Telephone #: (510) 670-5560 II. DISTRICT ZONES For purposes of Hood control protection, the District is divided into zones that roughly correspond to major watershed boundaries (see Alameda County Flood Control Zones map, Page 3). 2
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FC BAP Engineer's Rep0l1 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 1979. The Act authorized flood control districts to levy benefit assessments to help finance their operations. It required that assessments be prop0l1ionate to the runoff from each parcel of prope11y and that the benefit assessment program be approved by the voters in order to continue beyond the first year. 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 1980. In 1982, AB 630 (Frazee) repealed AB 549 and authorized the District to continue to levy benefit assessments based on the propo11ionate amount of storm water runoff from each parcel of prope11y. 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, all increases in benefit assessment rates now require voter approval. IV. BENEFIT ASSESSMENTS The law requires that assessments be based on estimated benefit, which may be based on the proportionate amount of storm 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 of land use for assessment calculations (see Page 5, Table 1). Benefit Assessments are levied and collected at the same time as the County property taxes. 4
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 ResidentiallTownhomes (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 SFR parcel to $32.00 in 1993-1994. Zone 1992-1993 1993-1994 2011-2012 2 $ 26.60 $ 26.60 $ 26.60 2A - 0-0 - 0 3A 26.60 26.60 26.60 4 20.60 20.60 20.60 5 26.60 26.60 26.60 6 26.60 32.00 32.00 9 17.80 17.80 17.80 12 16.00 16.00 16.00 13-0 - 0-0 5
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 2012-13 FISCAL YEAR Zone 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. $/Acre Assmt. $ $/Acre Assmt. $ Factor $ Rate $ $/Acre Assmt. $ $/Acre Assmt. $ $/Acre Assmt. $ 2 212.80 53.20 159.60 39.90 0.60 266 26.60 1.33 13.30 0.80 13.30 3A 212.80 53.20 159.60 39.90 0.60 266 * 26.60 1.33 13.30 0.80 13.30 4 164.80 41.20 123.60 30.90 0.60 206 * 20.60 1.03 10.30 0.62 10.30 5 212.80 53.20 159.60 39.90 0.60 266 * 26.60 1.33 13.30 0.80 13.30 6 256.00 64.00 192.00 48.00 0.60 320 32.00 1.60 16.00 0.96 16.00 9 142.40 35.60 106.80 26.70 0.60 178 17.80 0.89 8.90 0.53 8.90 12 128.00 32.00 96.00 24.00 0.60 160 * 16.00 0.80 8.00 0.48 8.00 * * * * 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. 6
VII. SAMPLE ASSESSMENT CALCULATIONS Assessments are based on three factors: 1) land use (assigned by the County Assessor); 2) land area (size of parcel expressed in acres); and 3) property location (flood control 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 detennine assessment rate Land Use Minimum Location Category/Group Parcel Area Assessment Zone 5 C Single Family Residence 0.23 ac. $ 26.60 Zone 12 C Single Family Residence 0.14 ac. $ 16.00 Zone 2 A Commercial Property 0.23 ac. lj; <:;1 )0 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 212.80 = $638.40 Zone 2 D Vacant Land - Vineyard 3.0 ac. x 1.33 = ($ 3.99*) 13.30 Zone 5 C Single Family Residence 1.26 ac. x See = $ 27.94 Below *Less than min. assessment; therefore, assessed $13.30 (min. rate) 1. 26 acres = 0.25 acre (minimum assessment) $ 26.60 1.01 acre at $1.33 per acre = + 1.34 (1.01 acre at the vacant land rate) Condominiums (5 or more units): Assessment: $ 27.94 For parcels with condominium improvements (5 or more units), use Group B - Condos charge factor and rate. Ex: 8 condos in Oakland (Zone 12); lot size = 0.20 acre; 0.20 ac. -+- 8 condos = 0.025 acre per condo. Assessment = 0.025 ac.!condo x $0.60 (charge factor) x $160 (rate) = $2.40 However, 8 x $2.40 = $19.20, which is less than the minimum charge of $24 per 0.25 acre. Therefore, the price per condo = $24/8 or $3.00 per condo 7
VIII. ENGINEER'S STATEMENT WHEREAS, by Resolution, on Tuesday, May 1, 2012, the Board of Supervisors (Board) of the Alameda County Flood Control and Water Conservation District (District), State of California, in compliance with the Benefit Assessment Act will accept this Annual Engineer's Report stating the Board's intention to levy benefit assessments for flood control purposes for the 2012-13 Fiscal Year and hold a public hearing; and WHEREAS, public notice for the hearing will be published as required by State of California Goverrunent Code and Alameda County Ordinance Code provisions; and WHEREAS, by Resolution on June 19, 2012, the Board is expected to confinn the Annual Engineer's Report for the Benefit Assessment Program and adopt the assessments to be levied against each parcel; NOW, THEREFORE, the following assessments, with no increases from the prior year, are made in order to cover the estimated cost for flood maintenance, operations, acquisitions, improvements, and costs and expenses incidental to be paid by the District. TABLE 3 - ESTIMATED REVENUE AND APPROPRIATIONS Estimated Revenue and Appropriations (in thousands of dollars) 2012-2013 FISCAL YEAR ESTIMATED REVENUE Budget Organization Flood Control Zones Total Beginning Fund Balance Property Misc. Benefit Total Available Taxes Revenue Assessment Revenue (Estimated) Approp riations Capital Reserves 270311 2 270321 2A 270331 3A 270341 4 270351 5 270361 6 270371 9 270381 12 270391 13 TOTALS 1,038 2,559 1,545 1,656 5,760 2,699 180 26 0 206 914 2,905 3,191 1,474 7,570 443 189 20 210 419 11,317 5,005 4,507 2,185 11,697 17,848 3,467 1,703 1,664 6,834 687 154 34 242 430 14,305 5,610 509 2,036 8,155 7,564 624 86 0 710 56,815 20,693 11,621 9,467 41,781 6,375 423 405 2,493 7,024 1,460 613 249 13,613 9,401 12,463 12,219 717 400 11,413 11,047 3,075 5,199 55,698 42,891 Capital reserves represent the accumulation of funds which over time are set aside for specific future flood control projects. Included within Misc. Revenue are grants and state and federal aid. The District is anticipating receipt of$9.2m in state grant funding in 2012-13. 8
The recommended assessments upon the 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 of the listed zones, as described in the Boundary Map on file at the District's Elmhurst Street office in Hayward, CA. By: Henry E. Ac an, Engineer of Work R.C.E. 37823, Expires 3/31/13 Dated: 4- IC:, - / L 9