DATE: June 9, 2020
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Resolutions Initiating Annual Assessment Proceeding for County Service Area No. 34, Zone D - Renaissance at Bella Vista
RECOMMENDED ACTION(S):
TITLE
1. Adopt Resolution initiating annual assessment proceedings under Chapter 3 of the Landscaping and Lighting Act of 1972 for street lighting services, open space maintenance, and public right-of-way landscape maintenance in County Service Area No. 34, Zone D, Renaissance at Bella Vista, and appointing an Assessment Engineer to prepare and file an Engineer’s Report.;
2. Receive and approve the “Engineer’s Report Renaissance at Bella Vista Assessment District, County Service Area No. 34D Annual Assessment for Street Lighting, Open Space Maintenance, and Public Right-of-Way Landscape Maintenance,” prepared by Steven E. White, P.E.; and
3. Adopt Resolution of Intention to levy an annual assessment under Chapter 3 of the Landscaping and Lighting Act of 1972 in County Service Area No. 34, zone D, and setting a public hearing on the proposed assessment for July 7, 2020, at 9:00 a.m., or as soon after as practicable, to consider an assessment for street lighting services, open space maintenance and public right-of-way landscape maintenance, benefitting properties within County Service Area 34D, Renaissance at Bella Vista, which includes 106 residential parcels.
REPORT
Approval of the first recommended action adopts a resolution initiating annual assessment proceedings, appointing Steven E. White, P.E., Director, Department of Public Works and Planning, County of Fresno, as Assessment Engineer, and ordering the filing of an Engineer’s Report. Approval of the second recommended action receives and approves the Engineer’s Report. Approval of the third recommended action adopts a resolution of intention to levy an annual assessment and setting a public hearing on July 7, 2020, at 9:00 a.m., or as soon after as practicable, to hear protests. The proposed assessment is necessary to fund street lighting services, open space maintenance and public right-of-way landscape maintenance, and administrative costs associated with the management of County Service Area 34, zone D (CSA 34D), also known as Renaissance at Bella Vista. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
There is no alternative action.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. Operation, maintenance, and Department staff costs are paid by the benefitted properties within CSA 34D from service fees, property assessments and interest income.
DISCUSSION:
CSA 34D was formed on December 5, 2017. The District was created for Tract No. 4968, Renaissance at Bella Vista, as shown on Exhibit A. The zone consists of approximately 59.42 acres and is located in the Millerton Specific Plan area on the south side of Millerton Road, west of the intersection of Millerton Road and Winchell Cove Road. Services provided to the 106 parcels in CSA 34D levied under the Landscape and Lighting Act of 1972 include administration of the following: street lighting services, open space maintenance and public right-of-way landscape maintenance.
On December 5, 2017, after a Proposition 218 proceeding in which CSA 34D property owners received an opportunity to protest. The Board approved an assessment (that is, per parcel) as for six years (detailed on Attachment A).
In the Proposition 218 proceeding in 2017, CSA 34D property owners approved a formula providing that the assessment may be adjusted for any or all six budget years after FY 2017-18 to provide for building reserves and addressing inflation to an amount not exceeding the applicable annual amount as shown on Attachment A. After the end of the seventh year (FY 2023-24), the yearly assessment per parcel, adopted by your Board and approved by CSA 34D property owners, will remain at the same amount unless CSA 34D property owners approve an increased assessment through another Proposition 218 ballot process. The 106 parcels receiving street lighting services, open space maintenance and public right-of-way landscape maintenance, will pay 100% of the costs associated with the service.
The Process
The street lighting services, open space maintenance and public right-of-way landscape maintenance budgets are funded by annual assessments, service fees, and interest on cash reserves. The Board and CSA 34D property owners approved the annual assessments, including inflation adjustments, on December 5, 2017 in a Proposition 218 process.
The process of levying an annual assessment on real property within CSA 34D must conform to the requirements of the Chapter 3 of the Landscaping and Lighting Act of 1972 (Streets and Highways Code, Division 15, Part 2).
This is not a Proposition 218 process. A Proposition 218 process is not required this year. CSA 34D property owners already approved adjustments to the assessment for any or all six budget years after FY 2017-18 in the 2017 Proposition 218 proceeding. The proposed assessment for FY 2020-21 does not exceed the maximum assessment approved in the 2017 Proposition 218 proceeding.
The Landscaping and Lighting Act of 1972, which is the enabling legislation for this assessment, requires an annual proceeding in which your Board levies the adjusted assessment. CSA 34D property owners and other interested persons may voice objections during the hearing or submit protest letters for your Board’s consideration, but pre-printed ballots are not required, unlike in a Proposition 218 proceeding and your Board may approve or disapprove the annual assessment based on your independent discretion.
Pursuant to Streets and Highways Code sections 22552 and 22553, in the Landscaping and Lighting Act of 1972, the Clerk of the Board must give notice by causing the resolution of intention to be published one-time, at least 10 days before the public hearing scheduled for July 7, 2020, in accordance with Government Code section 6061.
Purpose of the Assessment
As described in the Engineer’s Report, the annual assessments are for:
Street Lighting Services
Street lighting, including the payment of PG&E usage charges and payment of all administrative costs associated therewith, to provide year-round street safety lighting along all of the CSA 34D streets and to maintain the visual presentation of those streets in a ready-to-serve status for the benefit of all CSA 34D parcels, including operating reserves;
Open Space Maintenance
All work and expenses associated with the monitoring of the restored riparian habitat and maintenance of the recreational trails and open space along the White Fox Creek Parkway corridor, which includes Outlots A and B of Tract 4968, as required by the open space impact mitigation requirements set forth in the conditions of development approval for Tract 4968;
Public Right-of-Way Landscape Maintenance
All work and expenses associated with the maintenance of the 0.76 acres of public-right-of-way and common area landscaping, required by the Millerton Specific Plan and the Conditions of Approval for the development of Tract 4968, to enhance the visual presentation of the community for the benefit of all of the CSA 34D parcels, including twice-monthly service that includes weed and trash removal, plant care and irrigation system maintenance, and weed and trash removal on two outlots designated for the protection of cultural resources, and including operating reserves;
Administration
County administration costs (including labor, legal, and annual audits).
Engineer’s Report
If your Board approves the recommended actions, the Engineer’s Report will be prepared and filed with the Clerk of the Board and made available for public inspection in its entirety no later than June 9, 2020.
The Engineer’s Report will be prepared pursuant to the provisions of the California Constitution, Article XIII D, Section 4; the County Service Area Law, particularly Government Code section 25215.3; and the Landscaping and Lighting Act of 1972, particularly Streets and Highways Code sections 22585 through 22613. The Engineer’s Report will include the projected cost to fund the continued street lighting services open space maintenance and public right-of-way landscape maintenance, and there is a component in the rate for building reserves for the replacement of the infrastructure as needed.
Proposed Initiating Resolution
Approval of the first recommended action continues the process necessary to fund the continued provision of street lighting services, open space maintenance and public right-of-way landscape maintenance in CSA 34D, including the accumulation of reserves. In general, by approving the proposed resolution, your Board makes the following key findings, determinations, and authorizations:
a) Initiates proceedings to levy the annual assessment in CSA 34D and appoints Steven E. White, P.E., Director, Department of Public Works and Planning, County of Fresno., as the Assessment Engineer in connection with CSA 34D proceedings that are the subject of the recommended resolution.
b) Authorizes and directs Steven E. White, P.E., Director, Department of Public Works and Planning, County of Fresno, to prepare an Engineer’s Report, to be filed with the Board under Article XIIID Section 4 of the California Constitution and the Streets and Highways Code Landscape and Lighting Act of 1972 found in Division 15, Part 2, Chapter 3.
c) Provides that the proposed resolution shall take effect immediately upon its adoption.
Proposed Resolution of Intention
Approval of the third recommended action continues the process necessary to fund the continued provision of street lighting services, open space maintenance and public right-of-way landscape maintenance in CSA 34D, including the accumulation of reserves. In general, by approving the proposed resolution, your Board makes the following key findings, determinations and authorizations:
a) Receives and approves the Engineer’s Report, to be filed with your Board under Article XIII D, Section 4, of the California Constitution and the Landscape and Lighting Act of 1972.
b) Declares the intention to levy and collect assessments in CSA 34D for street lighting services, open space maintenance and public right-of-way landscape maintenance, and declares that the assessment is not “increased” as that word is defined by Streets and highways Code section 22630.5, Government Code section 54954.6, subdivision (a)(1) and Government Code section 53750, subdivision (h)(1) (because it conforms to the assessment amount previously approved by District property owners in the 2017 Proposition 218 proceeding).
c) Sets a public hearing of your Board (Public Hearing) for July 7, 2020, at 9:00 a.m., or as soon after as practicable, in the Board Room of the Fresno County Board of Supervisors, Room 301, Hall of Records, 2281 Tulare Street, Fresno, California, 93721, to hear all objections and protests to levy the annual assessment. The Public Hearing shall be held pursuant to sections 22629 through 22631 of the Streets and Highways Code and may be continued from time to time by your Board without further notice. However, it may not be continued to a date after August 10, 2020, without prior consent of the County Auditor-Controller/Treasurer-Tax Collector, so there is time to put the assessment onto the tax roll for the 2020-21 tax year.
d) Authorizes and directs the Clerk of the Board to prepare and cause the proposed resolution of intention to be published, one-time no later than 10 days before the public hearing on July 7, 2020, pursuant to sections 22552 and 22553 of the Streets and Highways Code.
e) Provides that property owners wishing to preserve the opportunity to file a lawsuit challenging the assessment, if levied, must file a written protest and state therein the specific grounds of protest. Any grounds of protest not stated in a written protest filed prior to the close of the public hearing of protests are deemed waived in any subsequent lawsuit and may not be raised in such lawsuit.
f) Provides that the validity of the assessment imposed by the Board shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is announced and adopted.
g) Provides that the proposed resolution shall take effect immediately upon its adoption.
REFERENCE MATERIAL:
BAI # 9, December 5, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
Exhibit A
Attachment A
On file with Clerk - Resolution to Initiate
On file with Clerk - Resolution of Intention
On file with Clerk - Engineers Report
CAO ANALYST:
Debbie Paolinelli