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File #: 23-0452    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 3/9/2023 In control: Flood Control and Water Conservation District
On agenda: 5/2/2023 Final action:
Title: PUBLIC HEARING 1:30 PM 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 2023- 2024 assessments; and 2. Close Public Hearing and adopt a Resolution authorizing and levying assessments for Fiscal Year 2023- 2024 on qualifying properties.
Sponsors: Board of Supervisors
Attachments: 1. Resolution to Levy
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO:                     Napa County Flood Control and Water Conservation District

FROM:                     Richard Thomasser - District Manager

REPORT BY:                     Jeremy Sarrow - Watershed and Flood Control Operations Manager

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

title

PUBLIC HEARING 1:30 PM

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 2023-
         2024 assessments; and
     2. Close Public Hearing and adopt a Resolution authorizing and levying assessments for Fiscal Year 2023-
         2024 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 4, 2023, meeting, the Board approved the Engineer's Report for the Assessment District for Fiscal Year 2023-2024, adopted a Resolution of Intent to levy assessments, and set May 2, 2023, 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 2023-2024 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 IMPACT

Is there a Fiscal Impact?

Yes

Is it currently budgeted?

Yes

Where is it budgeted?

Rutherford Maintenance - Fund 8000, Organization 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 4, 2023, 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 2023-2024.

 

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 2023-2024 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.