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  Consent-Community Services   # 25.       
Board of Supervisors   
Meeting Date: 11/17/2020  
Brief Title:    Initiate Prop 218 Proceedings for El Macero CSA
From: Taro Echiburu, Director, Department of Community Services
Staff Contact: Kimberly Villa, Community Services Analyst, Department of Community Services, x8431
Supervisorial District Impact:

Subject
Authorize staff to initiate El Macero County Service Area Proposition 218 proceedings for increase of street assessment. (No general fund impact) (Echiburu/Villa)
Recommended Action
  1. Authorize staff to initiate proceedings to consider increase in the street assessment for the El Macero County Service Area (CSA);
     
  2. Direct staff to mail notice of the public hearing to consider proposed assessment changes for services to property owners in the El Macero CSA at least 45 days before the public hearing, including notification of the process to support or oppose the increased assessment;
     
  3. Direct staff to set the time and date of the public hearing to consider the proposed assessment changes and to receive and consider all public comment, and written votes on the proposed assessment changes; and
     
  4. Direct staff to prepare resolutions adopting and levying the modified street maintenance assessment for the El Macero CSA in the event the assessment changes are approved.
Strategic Plan Goal(s)
Safe Communities
Reason for Recommended Action/Background

The El Macero CSA  levies an annual street assessment to provide a source of funding for a higher level of public streets services in El Macero that the CSA would otherwise not be able to fund.  Property owners benefit from the higher level of service through improved aesthetic and driving experience in the neighborhood and enhanced appeal of homes.

The current El Macero street charge of $180 was set in 1994.  At this time, the current $180 charge provides the CSA funds only adequate to provide landscaping and street sweeping services, which costs have increased over the years.  The current amount will not be sufficient to continue to  maintain the higher level of pavement condition that El Macero CSA desires, and requests treatment no less than every 5 to 10 years.

Proposition 218, which was approved by the voters in 1996, implemented substantive and procedural requirements for new and increased assessments and various other types of fees and charges.  The current assessment was grandfathered by Prop. 218, but any increase must comply with Prop. 218's requirements, including the need for an engineer's report documenting the basis for the increased assessment.  County Staff and the CSA Advisory Committee have worked together to finalize the 2020 Engineer's report for El Macero Road Maintenance and Landscaping Assessment (Att A).  Based on the engineer's report, the the proposed new annual assessment of $450.48 per residential property, and $6,892.20 for the El Macero Country Club.

For special assessments, the approval procedure required by Proposition 218 differs slightly from the procedure for approving certain other charges (including property-related fees).  A special assessment is approved only if fewer weighted ballots are returned in opposition to the assessment than those in favor.  By comparison, certain other types of charges covered by Proposition 218 may require approval as a ballot measure, or can instead be approved after completion of a less formal but complicated process that involves both a majority protest and, if no such protest occurs, a mail ballot election (as was the case for certain fees approved in North Davis Meadows in mid-2019).  It all depends on the nature of the charge at issue. 

Consistent with Proposition 218's procedural requirements for special assessments, staff sent a letter to all property owners notifying them of this recommended action and next steps.  With the initiation of Proposition 218 proceedings, by November 6, 2020, a mailing will go to all property owners outlining the new assessment and providing the process and timeline for property owners to submit ballots to support or oppose the new assessment.  The mailing will also include a ballot and notice of the public hearing on the matter which is currently scheduled to be held at the Board of Supervisors meeting on January 12, 2021 at 9:00 am.  Additionally, discussion of the new assessment will be on the agenda for the next CSA Advisory Committee meeting, scheduled for November 19.  If the Proposition 218 proceedings are successful (i.e. less than a majority of returned ballots protest the assessment) the increased assessment will be collected on the property tax bill beginning the 2021-2022 tax year.   
Collaborations (including Board advisory groups and external partner agencies)
County Counsel, Public Works, CSA Advisory Board

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   0
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
Att. A. Engineering Report
Att. B. Pre-Prop 218 Letter to Residents

Form Review
Inbox Reviewed By Date
County Counsel Eric May 11/09/2020 02:30 PM
Phil Pogledich Phil Pogledich 11/09/2020 04:14 PM
Eric May Eric May 11/10/2020 02:15 PM
Phil Pogledich Phil Pogledich 11/10/2020 04:07 PM
Eric May Eric May 11/10/2020 05:19 PM
Form Started By: kvilla Started On: 11/02/2020 03:53 PM
Final Approval Date: 11/12/2020

    

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