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HomeMy WebLinkAboutRESOLUTIONS - 01082008 - 2008/28 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 8, 2008 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/.ed' SUBJECT: ADOPT.Resolution No. 2008/ accepting the Engineer's Report for annexation to County Service Area L-100, Land Use Permit 04-2007; declaring the intent to levy and collect assessments and fixing a public hearing for February 26, 2008 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (County Service Area L-100 Funds) (District III) Project No: 7394-6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Land Use Permit 04-2007 (the "Development") consisting of one (1) parcel that is 10.00 acres with a single family home and will developed with a new horse breeding and boarding facility. 2. On October 11, 2007 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 CSA L-100 Engineer's Report for annexation is attached as Exhibit A for the Board of Supervisors for establishing a street light service charge for Fiscal Year 2007/2008. 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. I hereby certify that this is a true and correct copy of an action M taken and entered on the minutes of the Board of Supervisors on GiSpDist\Board Orders\.1008\1-8-08Board Reso(Fixing)-LP04-2007.doc Orig.Div: Public Works(Special Districts) the date shown. Contact: Warren Lai (313-2180) p cc: County Administrator Assessor ATTESTED: !{�w adf� 0 Auditor-Controller JOHN CULLEW, Clerk of th oard of Supervisors and County Community Development County Counsel Administrator By ,Deputy RESOLUTION NO. 2008/.gP SUBJECT: ADOPT Resolution No. 2008/.1 accepting the Engineer's Report for annexation to County Service Area L-100, Land Use Permit 04-2007; declaring the intent to levy and collect assessments and fixing a public hearing for February 26, 2008 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (County Service Area L-100 Funds) (District III) Project No. 7394-6X5001 DATE: January 8, 2008 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 24, 2007. .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 February 26, 2008 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, or designee mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit B to the record owners of each parcel within the development. The ballot attached as Exhibit C shall be attached to the Ballot Notice. A copy of the Engineer's Report is on file with the Public Works Department. 3. At the Hearing, the Board shall consider any objections or protests to the Assessment. Immediately after the Hearing, the Public Works Department shall tabulate the ballots 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 Annexation Report for the Assessment; confirms the Annexation Report; and levies the Assessment for the Fiscal Year referred to in the Engineer's Report. RESOL UTION NO. 200814P EXHIBIT A CSA L-100 ENGINEER'S REPORT FOR ANNEXATION ENGINEER'S REPORT FOR ANNEXATION OF Land Use Permit 04-2007 CONTRA COSTA COUNTY STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2007/2008 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors, pursuant to the provisions of Article Xff D, 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. This Engineer's Report is for the annexation of territory. The Annual Engineer's Report was approved on July 24, 2007 by County Board of Supervisor's Resolution No. 2007/378. Dated: i a g By: Warren Lai Senior Civil Engineer RCE No. C61737, Expiration June 30, 2009 EXHIBIT A CSA L-100 ENGINEER'S REPORT FOR ANNEXATION PROPERTY OWNER LIST & METHOD OF ASSESSMENT FOR Land Use Permit 04-2007 Parcels Assessor's Parcel Number Owner's Name/Address One (1) 138-200-003-0 VINCENT & CAROL DIMAGGIO 51 BONITA CT WALNUT CREEK, CA 94595 Assessor's Parcel Proposed Parcels Number Description Factor Unit Assessment FY 07/08 One (1) 138-200-003-0 1 single family 1.0 * 1.00 $14.94 unit Fund Tax Bill Basic Street Total Dollars t Factor Units Z Line Item Lighting Charge 2401 CSA L-100 $14.94 $593,835.12 39,748.00 Proposed Annexation CSA L-100 14.94 $14.94 1.00* New Totals CSA L-100 $593,850.06 39,749.00 Notes: 7'Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 2007/2008 Tax Roll and approved by the Board of Supervisors on July 24, 2007. 2 Factor Units at $14.94 each (1 Factor Units x $14.94 = $14.94) EXHIBIT A CSA L-100 ENGINEER'S REPORT FOR ANNEXATION ASSESSMENT DIAGRAM FOR ANNEXATION OF Land Use Permit 04-2007 II i39_:tCCO2 I 381 HC C3 1�'1 I '1 SNEEr ' 1 \; • 3C 20CC13u330002 '+. 338,,gl r- ��UPlhfA�drgSTRfE7_` ` — t G20I.I003 , � I •� '•s: I _3ti?UGiiO; � 'I �3lS2PCilli '}, .3St&�CIii3 2iEQ4)021 EXHIBIT B CSA L-100 ANNEXATION BALLOT NOTICE CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 (Countywide Street Lighting District) NOTICE OF PROPOSED ANNEXATION BACKGROUND OF CSA L-100 On March 27, 1979 the Contra Costa Board of Supervisors approved County Ordinance 79-42 which formed County Service Area L-100 (Countywide Street Lighting District). CSA L-100 was formed pursuant to the County Service Area Law to ensure the proper flow of funds for the ongoing operation, maintenance and servicing of street lighting in the public right-of-way throughout unincorporated Contra Costa county. Each year thereafter an annual Engineer's Report has been approved and as properties develop, they have been annexed into CSA L-100. 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. DESCRIPTION OF SERVICES CSA L-100 provides for the ongoing operation, maintenance and servicing of the street lighting within the public right of way in the unincorporated portions of Contra Costa County. BASIS FOR CALCULATING ASSESSMENT Each fiscal year the County Public Works staff will determine how much it will cost to operate and maintain the above described Public Improvements within CSA L-100. These costs will be distributed proportionally to all of the benefiting parcels within CSA L-100. 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. 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. DURATION OF ASSESSMENT In order to operate and maintain the Public Improvements within the CSA L-100, the County plans to levy assessments each fiscal year in perpetuity. EXHIBIT B CSA L-100 ANNEXATION BALLOT NOTICE AMOUNT OF PROPOSED ASSESSMENT A. Total CSA L-100 Assessment The total Fiscal Year 2007/2008 annual charge for CSA L-100 is $593,835.12. B. Individual Assessment The total Fiscal. Year 2007/2008 annual assessment for your parcel described above will be 1 single family home * $14.94 = $14.94. C. Maximum Assessment Rate The maximum annual assessment that could be levied for CSA L-100 is $14.94 per basic unit for Fiscal Year 2007/2008. PROCEDURES FOR COMPLETING THE BALLOT Accompanying this notice is a ballot, along with a pre-addressed, postage paid return envelope. The ballot may be completed by the property owner(s) or their authorized representative and returned to Contra Costa County to indicate the property owner's support for or opposition to the proposed increase in the maximum annual charge. For your ballot to be counted, you must clearly mark the appropriate box, sign the ballot and return it sealed in the enclosed envelope by the conclusion of the public input portion of the public hearing on February 26, 2008. Ballots may be returned either by mail or delivered to 255 Glacier Drive, Martinez, CA 94553 by the close of the public input portion of the public hearing. If returning your ballot by mail, please allow sufficient time for delivery, so that the County receives your ballot by February 26, 2008. INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE The County Board of Supervisors will hold a public hearing on February 26, 2008, to hear testimony regarding the proposed assessment, to accept ballots, and to determine whether there is a majority protest for or against the assessment annexation. The public hearing, which will begin at 9:30 a.m., will be held at the Board of Supervisors Chambers, located at 651 Pine Street, Martinez, California. All ballots, which are returned to Contra Costa County by the conclusion of the public hearing, will be tabulated and weighted according to the proportional financial obligation of the affected property. If upon completion of the public hearing and tabulation of the ballots, the County Board of Supervisors determines that a majority of the ballots cast, weighted by financial obligation, opposes the increase in the annual charge, the annexation will not be imposed. Respecting the constitutional right to privacy, Contra Costa County will strive to keep the ballot information confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing on February 26, 2008. QUESTIONS REGARDING THESE PROCEEDINGS If you have any questions about the proposed increase in the annual charge or this process, please contact Jennifer White at (925) 867-3400. EXHIBIT C CSA L-100 ANNEXATION SAMPLE BALLOT OFFICIAL PROPERTY OWNER BALLOT CONTRA COSTA COUNTY CSA L-100 . Countywide Street Lighting District) Yes, I SUPPORT the proposed annual assessment of$14.94 per benefit unit on each of the parcel(s) identified in this ballot. No, I OPPOSE the proposed annual assessment of$14.94 per benefit unit on each of the parcel(s) identified in this ballot. Property Owner Name(s): VINCENT & CAROL DIMAGGIO Annexation of: Land Use Permit 04-2007 Property Address or Description: 950 North Gate Road, Walnut Creek Assessors Parcel Number(s): 138-200-003-0 1 hereby certify under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the property shown above in these proceedings. Dated: Signature Printed Name of Property Owner/Representative Once you have voted and signed this ballot, please place the ballot in the enclosed pre-paid, self-addressed return envelope. Your ballot will not be counted if you have not voted, signed the ballot, sealed the envelope and mailed or delivered it to Contra Costa County Public Works Department,Attention: Lynn Mann,located at 255 Glacier Drive, Martinez, CA 94553. All ballots must be received prior to the conclusion of the public input portion of the Public Hearing, which will be held on February 26, 2008, starting at 9:30 a.m., at the Contra Costa County Board of Supervisors Chambers,651 Pine Street,Martinez,CA. 6TO: BOARD OF SUPERVISORS Q a FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR ? Costa V a:riG:rte i,3 DATE: January 8, 2008 °rrA V o u n ty SUBJECT: ADOPT Resolution No. 2008/*** accepting the Engineer's Report for annexation to County Service Area L-100, Land Use Permit 04-2007; declaring the intent to levy and collect assessments and fixing a public hearing for February 26, 2008 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (County Service Area L-100 Funds) (District III) Project No. 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICA'I-ION Recommended Action: ADOPT Resolution No. 2008/ accepting the attached Engineer's Report for annexation for a lighting assessment on the parcels in Land Use Permit 04-2007 to be annexed into County Service Area(CSA) L-100. FIX a Public Hearing for February 26, 2008 at 9:30 a.m. in Room 107 of.the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment, and levy the proposed assessment. DIRECT the Public Works Director, or designee, to mail by first class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. Continued on Attachment: X SIGNATURE: =�L _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON d,5r,0r PROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: JW: I hereby certify that this is a true and correct copy of an G:\Spl)ist\Board Orders\2008\1-8-08Board Reso(Fixing)-LP04-2007.doc action taken and entered on the minutes of the Board of Ori,.Div:Public Works(Special Districts) Contact: Warren Lai(313-2180) Supervisors on the date shown. cc: County Administrator Assessor Audi tor-Con troller ATTESTED: m � Community Development JOHN CULL ,Clerk of the and of Supervisors and County Counsel County Administrator By Deputy SUBJECT: ADOPT Resolution No. 2008/aV accepting the Engineer's Report for annexation to County Service Area L-100, Land Use Permit 04-2007; declaring the intent to levy and collect assessments and fixing a public hearing for February 26, 2008 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (County Service Area L-100 Funds) (District 11I) Project No. 7394-6X5001 DATE: January 8, 2008 PAGE: 2 Fiscal Impact: There is no impact to the County General Fund. All costs will be covered with revenue from CSA L-100. Reasons for Recommendations and Background: The developer is required by Condition of Approval to annex to the County's street light program, CSA L-100, for continued maintenance and operation of streetlights. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for Land Use Permit 04-2007 and an alternative means to finance public right-of-way street lighting would have to be found.