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D. 3
To: Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Date: June  7, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: HEARING on Fiscal Year 2022-2023 Tentative Annual Report for County Service Area M-28; ADOPT resolution confirming the report and levying charges.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   06/07/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
John Gioia, District I Supervisor
Contact: Jessi Duffy (925) 313-2286
cc: Laura Strobel, County Administrator, CAO     Robert Campbell, Auditor Controller     Maryann Mason, County Counsel     Gus Kramer, County Assessor     Francisco & Associates, Inc.     Diana Oyler - Finance     Jocelyn LaRocque- Engineering Services     Carl Roner- Special Districts     Rochelle Johnson - Special Districts     Jessi Duffy- Special Districts    
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:     June  7, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

1. RECEIVE from staff the Fiscal Year 2022-2023 Tentative Annual Report on service charges in County Service Area (CSA) M-28, a copy of which is attached.  
  

2. OPEN the public hearing on the Tentative Annual Report; RECEIVE and CONSIDER all written and oral objections or protests to the Tentative Annual Report; and CLOSE the public hearing.  

  




RECOMMENDATION(S): (CONT'D)
3. CONSIDER whether to adopt, revise, change, reduce, increase, or modify any estimated service charges set forth in the Tentative Annual Report.  
  
4. APPROVE the estimated service charges set forth in the Tentative Annual Report.  
  
5. ADOPT Resolution No. 2022/122, confirming the Tentative Annual Report and levying the charges set forth in the report.  
  
6. DIRECT the Public Works Director, or designee, to prepare a Fiscal Year 2022-2023 Final Annual Report for CSA M-28 that conforms to the County’s official service charge roll for Fiscal Year 2022-2023. (County Service Area M-28 Funds) (District III) Project No. 7473-6X9E70.

FISCAL IMPACT:

The levy of the annual service charges in CSA M-28 will provide revenues for the continued operation and maintenance of a water supply system. The CSA M-28 annual service charge was $112,561.78 for Fiscal Year 2021-2022 and is projected to be $118,407.56 in Fiscal Year 2022-2023. This increase is based on the change in the Consumers Price Index (CPI) for the San Francisco Bay Area (All Urban Consumers). The annual service charges for CSA M-28 will be levied on one parcel in Fiscal Year 2022-2023.

BACKGROUND:

As directed by Article 1012-2.602 of the Contra Costa County Ordinance Code, the Public Works Director prepared a Fiscal Year 2022-2023 Tentative Annual Report on service charges in CSA M-28 and filed it with the Clerk of the Board of Supervisors. CSA M-28 provides continued operation and maintenance of a water supply system. The Tentative Annual Report contains a description of each parcel of real property receiving services, the basic service charge for CSA M-28, and the estimated amount of the service charge for each parcel for the fiscal year.  
  
Upon the filing of the Tentative Annual Report, the Clerk of the Board of Supervisors fixed a time, date, and place for a Board hearing on the Tentative Annual Report and for filing objections or protests thereto and published a notice of the hearing as provided in Government Code section 6066.  
  
Following the public hearing, the Board may adopt, revise, change, reduce, increase, or modify any estimated service charge, and shall make its determination upon each estimated service charge as described in the Tentative Annual Report. The service charges in the Tentative Annual Report were computed and apportioned according to a formula that fairly distributes the service charge among all subject parcels in proportion to the estimated benefits conferred on each property from the services provided. Staff recommends approval of the rates and service charges in the Tentative Annual Report without modification.   
  
The service charges in the Tentative Annual Report are higher than the charges levied in Fiscal Year 2022-2023 because they incorporate an automatic adjustment approved by the parcel owners in CSA M-28 in 2007. The annual adjustment provision allows for an increase each year based upon the change in the Consumers Price Index (CPI) for the San Francisco Bay Area (All Urban Consumers). For Fiscal Year 2022-2023 the increase is 5.19% over the Fiscal Year 2021-2022 service charge rates. The Board approved this provision on August 7, 2007.  
  
Adoption of Resolution 2022/122 confirms the Tentative Annual Report and assesses the charges set forth therein but does not levy the charges. The levy of the service charges occurs after the preparation of a Final Annual Report that conforms to the official service charge roll for Fiscal Year 2022-2023. The official service charge roll will be issued by the County Assessor on or about July 1, 2022.

CONSEQUENCE OF NEGATIVE ACTION:

If the Fiscal Year 2022-2023 Tentative Annual Report for CSA M-28 is not confirmed, either as filed or as modified, the service charges set forth in the Tentative Annual Report may not be levied for Fiscal Year 2022-2023. Therefore, the District would be unable to provide continued operation and maintenance of a water supply system, or an alternate source of funding would have to be identified.

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