HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-577 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on September 13, 2005 by the following vote:
AYES: Gioia,Piepho,Desanlnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None'
ESOL.MD0--
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SUBJECT: ADOPT Resolution No. 200545accepting the Engineer's Report for'County Service Area L-
100, North Richmond (NR) 05-0001, 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, North Richmondarea, as recommended by the Public
Works Director. (District 1)Project No. 7394-6X5001'
The Board of Supervisors of Contra Costa County FIND'S THAT:
1. The County is currently processing North Richmond (NR) 05-0001 (the "Development") 'consisting of
one(1)parcel, more specifically described in Exhibit A.
2. On August'8, 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 XIDD 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 B.
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
G:1Grpl3ata\Sp,Dist1Board otders\2005-board ordets\09-13-05$o NR 05-0001 tFixingj.doc I hereby certify that this is a true and correct copy of an action
Drill.Div: Public Works(Special Districts) taken and entered on the minutes'of the Board of Supervisors on
Contact: William Bailey(313-2286) fife date shown.
County'Admmistrator
Assessor
Auditor-Controller ATTESTED: •rs9�''� 7" o.t�f Community Development
County'Counsel JOHN SWEETEN,'Clerk of the Board of Supervisors and County
Administrator
By Deputy
RESOLUTION NO.2005/ rJr .
SUBJECT: ADOPT Resolution No. 20051..x!F'l accepting the Engineer's Report for County Service Area L-
100, North Richmond (NR) 05-0001 and fixing a hearing for November 1, 2005 at 9:30 a.m. to
consider levying an assessment for additional parcels to be annexed, North Richmond area.
(District 1) Project No. 7394-6X5001
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 Works 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.
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcels Assessor's Parcel NumberOwner's Name/Address
Richmond Land Croup
1 408-082-001 2514 Florida Avenue
Richmond,CA 94804
* 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 200512006
The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosedEngineer's Report
as directed by the Contra Costa County Board of Supervisors, pursuant to the provisions of Article XIIID,
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:
Brian-Bal
Supervising Civil Engineer
RCE No. 52057
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
NR 05-0001
Parcel; Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 06/07
1 408-082-001 Commercial 5 $74.70
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal LiMin Charge
2401 CSA L-100 $14.94 $552,803.76** 36,998.00**'
Proposed CSA L-100 5 $74.70* 5*
Annexation
New CSA L-100 $74.74 $552,878.46 37,00337,003
Totals
Notes:
* Factor Units at$14.94 each(5"Factor units x $14.94=$74.70)
** 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
PALECEK ANNEXATION'
NR 05-0001
EXHIBIT A
REAL PROPERTY IN UNINCORPORATED CONTRA COSTA COUNTY, BEING THE
PARCEL DESCRIBED IN THE DEED TO RICHMOND LAND GROUP, LLC.,A
CALIFORNIA LIMITED LIABILITY COMPANY,RECORDED MAY 4, 2005,SERIES NO:
2005-0166260,CONTRA COSTA COUNTY RECORDS, DESCRIBED AS FOLLOWS:'
COMMENCING AT A STANDARD CONTRA COSTA COUNTY STREET MONUMENT
ON THE CENTERLINE OF PARR BOULEVARD, DISTANT THEREON 742 FEET
MORE OR LESS EASTERLY FROM THE INTERSECTION OF'GOODRICKAVENUE;
THENCE NORTH 13"13'19"WEST,48.17 FEET TO THE MOST WESTERLY
CORNER OF SAID RICHMOND LAND GROUP PARCEL(2005-0158260),AND THE
TRUE PONT OF BEGINNING;THENCE ALONG THE EXTERIOR BOUNDARY OF
SAID PARCEL THE FOLLOWING SEVEN(7)COURSES:
1. NORTH 05"12' 18"EAST,635.62 FEET,
2. SOUTH 84°4T 42"EAST, 1100.00 FEET,
3. SOUTH 05° 12'18"WEST, 1110.41 FEET,
4. NORTH 76°19'420 WEST,251.19 FEET,
5. ALONG A CURVE CONCAVE TO THE NORTH,HAVING A RADIUS OF 960.00
FEET THROUGH A CENTRAL ANGLE OF 07'43'27",AN ARC DISTANCE OF
129.42 FEET,
6, NORTH 66°36'15"WEST,727;69 FEET,AND
7. ALONG A CURVE CONCAVE TO THE SOUTH,;HAVING A RADIUS OF
1040.00 FEET,THROUGH A CENTRAL ANGLE OF 01-30'29",AN ARC
DISTANCE OF 27.37 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 24.96 ACRES MORE OR LESS.
BEARINGS ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM ZONE III,
(CCS83). DISTANCES ARE GROUND LEVEL DISTANCES.
B11fl+0:
MATTHEW L. REI, DATE
L.S.NO. 7115 tI1ND
REGISTRATION EXPIRES: 12/31/06 �. tEsfoA
tropia
OFCAl1 �
APPROVED AS TO POPM
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DeP+tY County OMA.PLS 59519 b
LICENSE EXIT 12/3i/ O C
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EXHIBIT B
408-082-008
1 � 408-0e2-0Ds
t j
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rill
CONTAINING AN AREA OF 24.196I
o`� 1 S MORE OR LESS
o� /� RICHMOND LAND GROUP, LLC
I SERIES 2005-1'58260
408--08.2--001 I -<
/ I. W
i ( ' TIE NI3'!3'19"W
48.17'
TI N05'12'18"E 635.62 ( X
sa IT2 S84'4742"E I ioo.00' V.
T3 S05012118"W 1110.41•
�j T4 N76'19'42"W 251.19'
C5 ff=960' 6=*07'43 77" L=129.42' CB=N72'27'58"W CD
o I T6 N68'36'15"W 727.69' =129.32'
Cl R-1040' d=01°3029" L=27.37' CB=N69'21'29"W CD'=27:37'
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N 2180488.83'
E 602474412 •.
VICINITY MAP T4
NOT 7X1 SCALE �
�i g GRAPHIC SCALE
i 0 100 200 400 c
IN FEET
�k1 1 inch = 200;ft.
evox ,H F A� '
pi
- ivF
xi BEARINGS ARE'BASED ON ?-HE'CALIFORNIA COORDIN TESYS7EM
ZONE 1!I (CCS83). AS SHOWN ON 7HE 99
LSM 39 D TANCES
SHOWN ARE GROUND LEVEL DISTANCES.
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MATTHEW L. REI, DA TE
9' L,S. NO 7115
i
REGISTRATION; EXPIRES.- 12/31106'
ERS DEsmpnaN KIS R SA W9 IN
& REI C
7-9ss PLAT TO ACCOMPANY LAND SURVEYORS CIVIL E?v NEERS
/n �n�j /^��/ 309 RIC
1MQNfl PARKWAY, SU17E 214
LEGAL DESCRIP 77O PHQNE 410 222-4MOVA NA, Ch 94808FAK 5f0 222-3718
NR 05-0001 PALECEK ANNEXA77ON RICHMOND LAND GRC7U7 LLC'
DA 7E 8 1 f�'05 .k7e Na 18408
CONTRACOSTA COUNTY CALIFORNIA A '1" 200' LittC No.A-6253
EXHIBIT C
BALLOT NOTICE
Why did you receive this Ballot?
When your development was approved, there was a requirement (condition of approval) to annex the pareel(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 5, derived from the Land Use Code, based on base rate of$14.94 per
Factor Unit. The total amount levied by the assessment, with regards to this development is approximately
$74.70 per year(5:.,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 to 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 Contra 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.
Mail 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-100 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 vote
differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a
64zero"vote.
...................
Public 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 Board 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/Chme On CSA L-100
In the event that the proposed assessment is levied, the total amount chargeable to'CSA L-100 will be
$14.94 multiplied by the number of Factor Units for that parcel(s).
Assessment on Each Parcel
Each parcel'described by Exhibit A shall be assessed $14.94 per Factor Unit in Fiscal Year 2006/2007.
Methudolory for'Calcu latine Street LiahtinE Assessments
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 costs are
apportioned among the various parcels in the CSA L-100 Lighting District.
EXHIBIT U'
County Service Area L-104 Lighting District Annexation'
Ballot
Assessor's Parcel Nos.: 408-082-001
Annexation Of: NR 05-0001
Record Owner; Richmond Land Group
2514 Florida Avenue
Richmond,CA 94804
Yes, I approve of the proposed annual assessment of$74.70 on each of the
parcel(s) identified in this ballot.
No, I do not approve of the proposed annual assessment of$74.70 on each
of the parcel(s) identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date