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File #: 21-122    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 4/15/2021 In control: Flood Control and Water Conservation District
On agenda: 5/4/2021 Final action:
Title: PUBLIC HEARING 1:30 PM - 10 Minutes District Manager requests the following actions related to the Rutherford Reach Benefit Zone Assessment District 2008-1: 1. Open Public Hearing to consider any objections or protests with respect to the proposed Fiscal Year 2021- 2022 assessments; and 2. Close Public Hearing and adopt a Resolution authorizing and levying assessments for Fiscal Year 2021- 2022 on qualifying properties.
Attachments: 1. Resolution to Levy - Rutherford Reach Benefit Zone
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TO:                     Board of Directors

FROM:                     Richard Thomasser - District Manager, Napa County Flood Control District

REPORT BY:                     Jeremy Sarrow - Watershed and Flood Control Resources Specialist

SUBJECT:                     Public Hearing to Consider any Objections or Protests, and to Adopt a Resolution to Levy Assessments for Rutherford Reach Benefit Zone Assessment District

 

RECOMMENDATION

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PUBLIC HEARING 1:30 PM - 10 Minutes
District Manager requests the following actions related to the Rutherford Reach Benefit Zone Assessment District 2008-1:
                     1.                     Open Public Hearing to consider any objections or protests with respect to the proposed Fiscal                                                                                     Year  2021- 2022 assessments; and
                     2.                     Close Public Hearing and adopt a Resolution authorizing and levying assessments for Fiscal Year                                                                                     2021- 2022 on qualifying properties. 

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EXECUTIVE SUMMARY

In 2008, the Assessment District was created and the voters in that District authorized an assessment in the amount of $2.08 per lineal foot of streambank frontage of the Rutherford Reach, an approximately 4.5-mile reach of the Napa River south of St. Helena, extending from Zinfandel Lane in the north to Oakville Cross Road in the south. At the April 6, 2021 meeting, the Board approved the Engineer's Report for the Assessment District for Fiscal Year 2021-2022, adopted a Resolution of Intent to levy assessments, and set May 4, 2021 as the date for the required protest hearing. This public hearing is to consider objections or protests to the proposed assessment in the amount of $2.08 per lineal foot of streambank frontage of the Rutherford Reach for Fiscal Year 2021-2022 verifying properties.

 

 

PROCEDURAL REQUIREMENTS

1.                     Open Public Hearing.

2.                     Staff reports.

3.                     Public comment.

4.                     Close Public Hearing.

5.                     Tally any written protests filed and not withdrawn.

6.                     Motion, second, discussion and vote on the item.

 

 

FISCAL & STRATEGIC PLAN IMPACT

Is there a Fiscal Impact?                                                               Yes

Is it currently budgeted?                                                               Yes

Where is it budgeted?                     Rutherford Maintenance - Fund 8000, Division 80005, Subdivision 8000502

Is it Mandatory or Discretionary?                                                               Discretionary

Discretionary Justification:                     The intention of the assessment process, which began in 2008, was to establish a mechanism to provide continued annual funding for maintenance benefiting the residents and landowners within the Assessment District. This action renews the annual assessment needed to fund the Assessment District detailed in the Engineer's Report and approved at the April 6, 2021 Flood Board meeting.

Is the general fund affected?                                                               No

Future fiscal impact:                     None

Consequences if not approved:                     This assessment is the main revenue source for maintenance needs in the Assessment District. If not approved, no funding will be available for routine maintenance activities in the FY 2021-2022. 

County Strategic Plan pillar addressed:                     Click or tap here to enter text.

Additional Information:                     Click or tap here to enter text.

 

 

ENVIRONMENTAL IMPACT

ENVIRONMENTAL DETERMINATION: This action is statutorily exempt from the California Environmental Quality Act (CEQA) under Title 14, California Code of Regulations, Section 15273 (Rates, Tolls, Fares, and Charges), in that the amounts to be levied and collected shall be used for purposes detailed in the District Engineer's Report, which fall within subsections (1), (2) and (4) of Section 15273.

 

 

BACKGROUND AND DISCUSSION

On November 18, 2008, the Board adopted a Resolution to establish the formation of an Assessment District for the fixing of and the collection of certain maintenance charges to fund various aspects of maintenance activities within the Assessment District in conjunction with the Napa River Rutherford Reach Restoration Project (Restoration Project).  

 

The Assessment District is comprised of 41 parcels located along both sides of the Rutherford Reach, an approximately 4.5-mile reach of the Napa River south of St. Helena, extending from Zinfandel Lane in the north to Oakville Cross Road in the south.

 

A maintenance program has been developed by the Napa County Flood Control and Water Conservation District, in consultation with the Rutherford Landowner Advisory Committee, to proactively address streambank erosion, to protect properties in the Assessment District, and to maintain features constructed as part of the Restoration Project that collectively will result in a more stable streambank for the benefit of the property owners.

 

Each year, an Engineer's Report is prepared to verify parcels subject to the assessment, ownership information, and amount of the assessment for each parcel.  The proposed assessments are based upon an allocation of program costs over all properties subject to assessment in the Assessment District, which may vary slightly from year to year. The Engineer's Report recommends the levy of an assessment for Fiscal Year 2021-2022 in the amount of $98,160 up to a maximum amount, depending on land use characteristics, of $2.08 per lineal foot of property frontage on the Rutherford Reach.

 

SUPPORTING DOCUMENTS

A.                     Resolution to Levy - Rutherford Reach Benefit Zone

District Manager Recommendation:  Approve

Reviewed By: