HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-576 TIDE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 13 2005 by the following vote:
AYES: Gioia,Piepho,DeSahlnier,'Glover, and Uilkema
NOES: None-,
ABSENT: None'
ABSTAIN: None
RESC LUTI, Nth. 2tlUS/ ►
SUBJECT: ADOPT Resolution No. 2005 accepting the Engineer's Report for County Service Area L-
100, Minor Subdivision 04-002 1, and fixing a hearing for November 1,2005,to consider levying
an assessment for additional parcels to be annexed,'and directing the Public"Works Director to
conduct' a mail ballot election, Byron area, ,as recommended by the Public Works Director.
(District III) Project No. 7394-6X5001''
The Board of Supervisors ofContra''Costa County FINDS THAT:
1. The County is currently processing Minor Subdivision(MS) 04-0021 (the "Development") consisting of
one(1)parcel,more specifically described in Exhibit A.
2. On April 20, 2005 the applicant for the Development submitted a request to the Department of Public'
Works for inclusion of the Development into County Service Area (CSA) L-100. The County intends to
initiate proceedings to annex the Development into CSA L-100 pursuant to that request.
3. Once the Development is annexed into CSA L-100, the parcel(s) within it will receive a special benefit
over and above that received by the general public in the form of lighting services. This service is a
miscellaneous extended service (the "Extended Service") as defined in Section 1012-2.406 of the Contra
Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcel(s) within the Development, it
will be necessary to levy a service charge(the"Assessment"). The service charge meets the requirements
of an "Assessment" under Article XIIID of the California Constitution because it is conferred to provide
the special benefit, defined above, on the parcel(s)within the development.
5. A copy of the Addendum to the Final Engineer's Report to the Board of Supervisors for establishing a
street light service charge for Fiscal Year 2005/2006 (the "Engineer's Report") is attached as Exhibit 13.
The Engineer's Report meets the requirements of a tentative report under Section 1012-2.602 of the
Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property
receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire
service area, the estimated Assessment chargeable to each parcel, the calculations supporting the
Assessment, and the duration of the Assessment.
WB:sr
GAGrpDat&1SpDisABoardOrders\2005.Board Orders108-16-05 BO MSO4.0021(Fixing).doe I hereby certify that this is 3 true and correct copy of an action
Orig.Div: Public works(special Districts) taken and entered on the minutes:of the Board of Supervisors on
Contact: William Bailey(313-2286) the date shown.
cc: County Administrator
Assessor
Auditor-Controller r
Community Development ATTESTED: 'Ga+-mr6,�yr Gt•.
County Counsel JOHN SWEETEN,`,Clerk of the Board of Supervisors and County
Administrator
By- r Deputy
RESOLUTION NO.2005/
SUBJECT: ADOPT Resolution No. 2005/,Mccepting the Engineer's Report for County Service Area L-
100,Minor Subdivision 04`-0021, and fixing a hearing for November 1, 2005, to consider levying
an assessment for additional parcels to be annexed, and directing the Public Works Director to
conduct a mail ballot election, Byron area, as recommended by the Public Works Director.
(District III)Project No. 7394-6K500I
DATE: September 13, 2005`
PAGE 2'
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 26 2005.
Based on its review of the Engineer's Report,the Board finds that:
(a)' The Extended Service financed by the Assessment'will directly benefit the parcel(s) within the
development.
(b) The cost of the Assessment on each parcel within the Development is proportional to the benefits
that the Extended Service will confer on each parcel.
NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS:
1. The Board will conduct a public hearing(the "Hearing") on November 1, 2005 at 9:30 a.m. in Room 107
of the Board of Supervisors' Chambers,651 Pine Street, Martinez,California 94553:
2. The Board directs the Clerk of the Board to immediately provide the Public Warks Department of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the
written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.A
copy of the Engineer's Report is on file with the Public Works Department.
3. Immediately before the Hearing the Public Works Department shall tabulate the ballots. At the Hearing,
the Board shall consider any objections or protests to the Assessment and certify the tabulation of the
ballots. The Board shall not impose the Assessment if there is a majority protest. A majority,protest
exists if, upon':conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the
ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted
according to the proportional financial obligation of the affected property.
4: If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report,
levies the assessment in the Engineer's Report; finds that the Director of the Contra Costa County Public
Works Department, acting as the designated director, has concluded that the Engineer's Report conforms
to the official assessment roll for the year in which the assessment will be collected and, therefore,
constitutes the Final Report'for the Assessment; confirms the Final Report; and levies the Assessment for
the Fiscal Year referred to in the Engineer's Report.
0' /
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICEAREA L-100 STREET'LIGHTING DISTRICT
Property Owner's List
Parcels Assessor's Parcel Number Owner's Name/Address
John and Kristie Polimono
} 402-040-004 5686 Oakmont Court
Byron, CA 94514
* The new Assessor's Parcel Numbers are not available at this time. New Assessor's parcel numbers will be
sent to the Contra Costa County Public Works Department,as they are available.
"Please see Engineer's Report Addendum to determine the number of Factor Units for these;parcels.
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR. 2005/2006
The undersigned, seting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report
as 'directed by:the Centra Costs County Board of Supervisors, pursuant to the provisions of Article XHID,
Section 4, of the California Constitution, the County Service Area. Law (Gov. Code, 25210.1 et. seq.) and
Division 1012 of the Contra Costa County Ordinance Code. The undersigned'certifies that he is,a professional
engineer,'registered in the State of California.-`
Dated: By.
$rian Ba
Supervising Civil Engineer
RCE No. 52057
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDEND
MS O4-0021
Parcel Assessor'sParcel Description Factor Unit Proposed
Number Assessment
FY 06/07
l 002-040-004 Residential 1 14.94
Fund Tax Bili 'Basic Street Total dollars Factor Units
Literal Li titin Char e
2401 CSA L-100 $14.94 $552,803.76** 36,998.00**
Proposed CSA L-100 10 $149.40*' 10*
Annexation
New CSA L-100 $149.41 $548,344.88 36,700.00
Totals
Nines:
* Factor Units at$14.94 each(10 Factor units x$14.94=$149.40)
**
Total Dollars and Factor Units taken from CSA L-'100 Final Engineer's Report for the 2005/2006 Tax Roll and
approved by the Board of Supervisors on July 26,2005.
Polimcno Annexation
CSAL-100 KS. 040021
+, A.P.N.002-040.004
EXHIBIT"`A"
LEGAL DESMPTION
Annexation to County Service Area L-104
The land referred to is situated in the State of California,County of Contra Costa,in the
unincorporated area,and is described;as follows:
A portion of the North 1/2 of the Southeast 1l4 of Section 3,Township I South,Range 3 East,
Mount Diablo Base and Meridian,more particularly described as follows:
Commencing at the East 1/4 comer of Section 3,Township I South,Range 3 Bast, Mount Diablo
Base and Meridian;thence along the North line of the southeast 1/4 of section 3,North 89°10'55„
West 989.53 feet to a point;thence leaving last said section tine South 00°43'05"West 25.00 feet
to a-point on the Southern Right of Way line of Byer Road,also being the Point of Beginning of
this description;thence from said Point of Beginning 1.)South 00°46'25"West 1295.69 feet
thence 2.)North 89°05'53 West 1667.57 feet to a point on the southerly prolongation of the East
line of Parcel C as shown on the Parcel Mapof Subdivision MS 175-90 Filed January 14,1994 in
Book 153 of Parcel Maps,Page 49;thence along last said East line and the Southerly prolongation
thereof 3.)North 01°02'40"East 1293.75 feet to the most northeasterly corner of last said Parcel C
and the southerly right of way line of Byer Road thence along last said southerly right of way line
of Byer Road,4)South 89°10'55"East 1661.46 feet to the Point of Beginning. Being all that
portion of Assessors Parcel 002-040-004,
Containing an area of 49.47±acres more or less.
Based on the California Coordinate'System Zone III(1983 Datum)
Attached hereto is a plat labeled"EXHIBI'T B",hereby referred to and made a part hereof.
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EXHIBITIC
BALLOT NOTICE.
Why did you receive this Ballot?
When your development was approved, there was a requirement (condition of approval) to annex the parcel(s)
into the County Service Area (CSA) L-100 Lighting District and for an annual assessment to be imposed on
every parcel in your development to pay for the cost of maintaining the street lighting within the public right of
way.
The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot.
How Much is the Assessment?
The parcel(s) are assessed a Factor of 1, derived from the Land Use Code, based on base rate of$14.94 per
Factor Unit. The total amount levied by the assessment, with regardsto this development is approximately
$14.94 per year(1 factor units x $14.94)
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this Assessment Increase in the Future?
The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another
election.
What does the Assessment Fund Allow.
The assessment allows the Benefit Zone provide and maintain street lighting within the public right of way.
How was my Assessment Calculated?
The total cost to provide and maintain; street lighting improvements is allocated to each property based on
estimated special benefit received. Essentially, each single family home in the development is allocated the
same assessment. An Engineer's Report detailing the method of assessment,budgets and assessments for each
parcel is available for review at the Centra Costa County Department of Public Works,' 255 Glacier Drive,
Martinez, CA,94553-.4897:
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or
opposition is counted:
Mall your ballot in the self addressed postage paid envelope or deliver it in person to the Contra Costa'County
Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to September 28, 2005 or you may
hand carry your ballot to the Public Hearing on November 1, 2005. Ballots received after the close of the Public
Hearing cannot be counted.'Ballots are weighted by the amount of assessment that would be paid. If a majority
of ballots returned, weighted by.their assessment, is opposed to the assessment, the assessment will not be
imposed:
Ballot Procedures
This ballot is for the sole use of the property owner(s)of the parcel identified herein,>which is located within the
CSA L-100 Lighting District. The ballot maybe used to express either support for or opposition to the proposed
CSA L-104 Lighting District within this development. In order to be counted, this ballot must be signed and
dated in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized
representative of the owner. Those executing this ballot on behalf of a corporation, partnership, trust or other
entity must also indicate title or office below the: identification of the property owner (e.g., trustee, President,
General Partner, etc.) If the property is owned jointly(e.g.,common,joint tenants)one or both property owners
may sign the ballot. 'There'is only one ballot for each property even though the property may have more than
one owner. If both owners of the property vote the same, the ballot counts as one vote. If both owners vete
differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a
"zero"vote.
Fabric Hearing
The hearing will be held on November '1, 2005 at 9:30 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651. Pine Street, Martinez, CA 94553. Results of the:returned ballots will be
announced after the close of the public testimony portion of this meeting. At this hearing, the Berard will take
final public testimony and take action on whether or not to levy the assessments based upon the testimony and
ballots received.'
On July 26, 2005, as an attachment to Resolution No. 2005/471, the Board of Supervisors adopted the "Final
Engineer's Report establishing a Street Lighting Service Charge for Fiscal Year 2005/2006". That report
recommends levying of a street lighting charge as provided in the CSA Law, Government Code Sections
25210.1 and following, and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on
March 27, 1979. This addendum supplements that report by providing support for levying such an assessment
on the parcels described in Exhibit A after they are annexed into CSA L-100.
Total Assessment/Charge On CSA L-104
In the event that the proposed assessment is levied,the total amount chargeable to CSA L-100 will be
51494 multiplied by the number of Factor Units for that parcel(s).
Assessrnet an Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 per Factor Unit in.Fiscal Year 2006/2007.
Methodology for Calculatirt-Street Lighting_�issessments'
The "benefit received" is based on a sliding scale of 1'basic'unit charge for a single family.dwelling unit to as
much as 8'basic unit charges'for a large apartment complex. The 'service charge for each CSA is based upon
several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical
bill,:(2) the number and types of parcels within each 'Service Area; (3) a reserve fund for Administrative and
Accounting services provided'by the County and, (4) unforeseen expenses such as electrical rate increases.'
The assessment revenue is used to pay for the total costs of operating the street light system and those casts are
apportioned among the various parcels in the CSA L-100 Lighting District.
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 0€12-040-004
Annexation Of: MS O4-0021
Record Owner: John and Kr stie Palimono
5686 Oakmont Court
Byron,CA 94514
Yes, I approve of the proposed annual assessment of$14.94 on each of the
parcel(s) identified in this ballot.
No, r do not approve of the proposed annual assessment of$14.94 on each:
of the pareel(s)identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels,
Date