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ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY AND THE FORMATION OF A NEW ZONE IN THE STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE ASSESSMENT DISTRICT
recommended action
RECOMMENDATION
It is recommended that the City Council approve a Resolution of Intention to:
1. Provide intent to annex territory to a Municipal Improvement District and the Formation of a Zone (Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, Calaveras Estates IV, Zone 14) to maintain and operate storm drainage improvements.
2. Specify that the public interest would be served by establishing the Zone and levying annual assessments for the costs to maintain and operate the storm drainage improvements.
3. Preliminarily approve the Engineer’s Report, approve a proposed boundary map and appoint engineer of work.
4. Set the date for the Public Hearing of Protests and provide for Property Owner Ballots on November 6, 2018, and direct the City Clerk to mail a public notice to the affected property owner at least forty-five days before the hearing date (to be mailed by September 21, 2018).
It is also recommended that the Resolution authorize the City Manager to take appropriate and necessary action to carry out the purpose and intent of the Resolution.
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Summary
In accordance with Stockton Municipal Code Chapter 13.20 Stormwater Quality Control Criteria Plan (SWQCCP), the Calaveras Estates IV, Zone 14 development is required to construct a stormwater quality treatment device. To fund the ongoing operation and maintenance of this device, it will be necessary to form a new zone in the City of Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1. All of the owners of the property subject to assessment for the cost of the annual operation, repair, replacement and maintenance of the storm drain improvements signed and filed with the City Clerk of this City written consents for the annexation of territory. The cost of the annual operation and maintenance of the improvements are hereby referred to Northstar Engineering Group, Inc., Modesto, California, as the Engineer of Work for this district (the “Engineer of Work”), and the Engineer’s Report is attached for preliminary review and approval. A public hearing will be necessary, and if adopted the Resolution would schedule the hearing on November 6, 2018. Staff recommends that Council approve the proposed Resolution.
DISCUSSION
Background
On November 1, 2016, the City was issued a revised Stormwater National Pollution Discharge Elimination System (NPDES) Permit (Order No. R5-2016-0040-002) by the Central Valley Regional Water Quality Control Board.
Calaveras Estates IV, Zone 14 consists of approximately 8.19 acres including 40 residential lots. The project is located at the north end of Alvarado Ave., bound on the north by the Calaveras River, on the south by existing residential, on the west by existing residential, and on the east by Union Pacific right-of-way as shown on the Location Map (Attachment A).
To comply with the SWQCCP and NPDES permit requirements, the Calaveras Estates IV, Zone 14 subdivision proposed to use a Storm Filter Vault System by Contech Stormwater Solution, Inc. The Storm Filter concrete vault system is a stormwater treatment device approved by the City of Stockton SWQCCP for treating stormwater runoff from this project site.
Present Situation
By approving the Resolution of Intention, the City Council will:
1. Provide intent to annex territory to a Municipal Improvement District and the Formation of a Zone (Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, Calaveras Estates IV, Zone 14) to maintain and operate storm drainage improvements.
2. Specify that the public interest would be served by establishing the Zone and levying annual assessments for the costs to maintain and operate the storm drainage improvements.
3. Preliminarily approve Engineer’s Report, approve a proposed boundary map and appoint engineer of work.
4. Set the date for Public Hearing of Protests and provide for Property Owner Ballots on November 6, 2018, and direct the City Clerk to mail a public notice to the affected property owner at least forty-five days before the hearing date (to be mailed by September 21, 2018).
As part of the Conditions of Approval for any development project, the Owners/Developers/Successors-in-Interest (ODS) are required to install certain public stormwater quality improvements and provide operations and maintenance services for the proposed treatment features. Calaveras Estates IV, Zone 14 is being created within the existing Maintenance District to provide funding for the continued operation, maintenance and replacement costs of the proposed stormwater quality improvements (storm filter). The funding for Zone 14 will be provided through an annual assessment based on the stormwater runoff from individual parcels. The annual budgets for such tasks will be presented each year to the City Council for approval, with the initial annual assessment of $410.16 (per parcel) in FY 2019-20 for Calaveras Estates IV, Zone 14.
The formation of the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 was approved and adopted by the City Council on July 26, 2005, and Calaveras Estates IV, Zone 14 will become part of this District by adopting the above resolutions. The maximum annual assessment includes a yearly increase, which is the greater of three percent (3.00%), or the yearly increase of the Consumer Price Index (CPI) if required by increased maintenance costs.
FINANCIAL SUMMARY
The City of Stockton has no financial contribution related to the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 annexation, the formation of Zone 14 or the annual maintenance costs. All fees and other costs and expenses incurred are payable solely by the annual tax roll by the owner/developer of the property in the proposed district.
This annexation will result in approval of a maximum assessment. The actual FY 2019-2020 levy on developed parcels will be determined and budgeted during the annual Stockton Consolidated Storm Drainage Maintenance District 2005-1 budget process.
Attachment A - Location Map
Attachment B - Engineer’s Report