HomeMy WebLinkAboutMINUTES - 08051997 - SD2 ,A
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 5, 1997, by the following vote:
AYES: Supervisors Rogers, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: Supervisor Uilkema
ABSTAIN: None
RESOLUTION NO. 97/ 405
SUBJECT: Tabulation of Mail-in Ballots, Confirmation of Diagram and Assessment and Levy
of Street Light Charges for Minor Subdivision 9-95, County Service Area L-100,
Walnut Creek area.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On June 17, 1997, the Board of Supervisors adopted Resolution No. 97/326 directing
the filing of the engineer's report for street light charges for County Service Area L-100.
As directed by the Board, the Engineer of Work has filed the engineer's report.
2. On June 17, 1997, the Board adopted Resolution No. 97/326 declaring the Board's
intention to levy and collect street light charges to operate and maintain facilities and
services within CSA L-100 for fiscal year 1997-98 and setting a public hearing for
August 5, 1997. Notice of the hearing was given in the time and manner required by
law.
3. Resolution No. 97/326 directed the Engineer of work (Public Works Director) to cause
to be mailed to property owners within Minor Subdivision 9-95 the notices and ballots
required by Section 4 of Article XIII D of the California Constitution (Proposition 218).
4. The notices and ballots have been mailed to property owners and the returned ballots
are ready to be tabulated.
NOW, THEREFORE, the Board FINDS, DETERMINES and ORDERS that:
1. A public hearing was held before this Board on August 5, 1997 at 10:30 a.m. At the
hearing, the Engineer of Work presented to the Board all ballots received from property
owners within Minor Subdivision 9-95 a proposed tabulation of those ballots. The Board
heard and considered all protests against the proposed assessments and tabulated the
returned ballots according to the proportional financial obligation of the affected
properties. The Board also afforded to every interested person an opportunity to make
a protest to the engineer's report, either in writing or orally, and the Board considered
each protest.
2. A majority protest, as defined in section 4(e) of Article XIII D, does not exist.
3. The Board hereby confirms the diagram and assessment as set forth in the report of the
Engineer of Work and hereby levies the street light charges set forth therein in Minor
Subdivision 9-95 for fiscal year 1997-98.
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g:\EngSrc\SpDist\July\MS 9-95.Res i hereby asir*thef this Is a true and EOrred Copy of
an action taken and entered on the minutes of the
Ong.Dept.: Public Works Department(Special Districts) Board of Super' Ors On the de e shown.
Contact Skip Epperly,3132253 ATTESTED:
cc: Assessor PHIL BATCHELDR.Clerk cf?h board
Auditor-Controller of Supervisors and County Administrator
County Administrator
County Counsel
Accounting i.�epoh►
RESOLUTION NO. 97/ [�5
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: August 5, 1997
TO: Board of Supervisors ,
`x FROM: J. Michael Walford, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Minor Subdivision 9-95
into CSA L-100
I, J. Michael Walford, Public Works Director for the County of Contra Costa, State of California,
having canvassed the return of all votes cast in the proposed annexation of Minor Subdivision 9-95
into County Service Area L-100 Lighting District held between June 17, 1997 and August 5, 1997
do hereby certify the following to be a full, true and correct Statement of Results of all votes cast on
the following measure:
County Service Area L-100 Lighting District Annexation and Annual Assessment for
Minor Subdivision 9-95
YES 1 NO 0
I further certify that the total number of ballots cast in the proposed annexation of Minor Subdivision
9-95 into County Service Area L-100 Lighting District at said election was one (1) and attached
hereto are the total ballots receive for and against annexation and assessment.
Dated the 5' day of August, 1997
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SE-Tr BY: 8- 5-97 ; 8:14AM 510 313 2333;* 1/ 1
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County Service.Area L-100 Lighting District Annexation
Ballot
Assessor's Farcer Nos.; 188-031-001
Annwtion of-.Miner Subdivision 9-95
Record Owner. Lane WinWp
Address: PO Box 26
Danville, CA 94126
_
Yes,I approve of the proposed a=ual assessment of$14.94 on the two(2)
parcels identified in this ballot.
No,I do not approve of the proposed aumual assessment of$14.94 on the
two(2)of these parcels.
J
Q:.,-...tia..�v..�' nrrl /l�yrra.r nr A .frinris�il
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Representative of the above identified parcels,
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 17, 1997
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A
HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO
BE ANNEXED TO COUNTY SERVICF AREA L-100,MINOR SUBDIVISION 9-95, WALNUT
CREEK AREA(W05001) - -7 3
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. ADOPT the Resolution accepting the Engineer's Report for a lighting assessment on parcels in Minor
Subdivision 9-95 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for August 5, 1997, 1997 at 10:30 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.
3. DIRECT the Public Works Director to mail , by first class mail, a written notice and ballot to each parcel
owner within the development in compliance with Proposition 218.
4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with
Section 6066 of the Government Code.
H. Financial Impact:
There will be no financial impact to the County General Fund. All costs will be covered with revenue from
the Countywide Street Light District, CSA L-100.
III. Reasons for Recommendations and Background:
The developer is required by Condition of Approval to install street lighting fixtures and annex to the County's
street light program, CSA L-100, for continued maintenance and operation of those fixtures. 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. _
Continued on attachment: X Yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECON AENDATION OF BOARD CONWITTEE
'APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: APPROVED AS RECOMMENDED ,� OTHER
VOTE OF SUPERVISORS
✓ UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
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g:\EngSvc4SpDist\BOUvfS 9-95.0
Contact: Ski E eel , 510 313-2253 t hereby 091 t'Mat fhb b a true end Wred Dopy of
Skip pp y ( ) on scorn taken and entered on the minutn of 1M
Orig.Div.: PW(Special Districts) Saard of Supervisors on the date shower.
cc: County Administrator
Assessor A7'fEBTEPH ELCRC of the a74
Auditor-Controller a and Zasr Admtnbtretor
Community Development
County Counsel
L
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY
SERVICE AREA L-100, MINOR SUBDIVISION 9-95.
DATE: JUNE 17, 1997
PAGE -2-
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Minor Subdivision 9-95, and
an alternative means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 17, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 971 326
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A
PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDI-
TIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING
DISTRICT
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Minor Subdivision 9-95 (the "Development`) consisting of two
(2) parcels, more specifically described in Exhibit A.
2. On June 12, 1996 the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into County Service Area L-100 (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 parcels 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 Article 1012-
2.406 of the Contra Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcels 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 parcels 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 1997/98 (the "Engineer's Report") is
attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under
Article 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.
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July
9, 1996. 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 parcels 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 August 5, 1997 at 10:30 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 Director 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"Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballot (the "Ballot') attached as Exhibit D and the Engineer's
Report shall be attached to the Notice.
3. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant to Section
6066 of the Government Code.
4. 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 protests 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.
5. 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.
SUR:
g:\EngSvc\SpDist\.BO\MS9-95.t5
Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperiy,313-2253
cc: County Administrator
Assessor
Auditor-Controller + ❑�, y certify th_, inis is a true anu
Community Development an action taken and entered on the minutes of the
County Counsel Board of Supervisors on the dee shown.
ATTESTED: P Q(7
PHIL LOR,Cie of the doard
Of Supervisors and County Administrator
by ,Deputy
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
parcelAssessor's Parcel Number ::.s..:. arne j. dd ess
A 188-031-001**** Lane Winship
PO Box 26
Danville, CA 94526
188-031-001**** Lane Winship
B PO Box 26
Danville, CA 94526
****The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will
be sent to the Contra Costa County Public Works Department as they are available.
Two (2) Single Family Dwelling Units
EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1997/98
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
MINOR SUBDIVISION 9-95
Parte[ Assessor's i'arcel I Descriiption Factor. Proposed
Number Uni# Assessment
FY 97!98
A 188-031-001 0.19 Hectares 1.0 14.94
(.47 Acres)
B 188-031-001 0.275 Hectares 1.0 14.94
(.68 Acres)
Fund Tax Bill' Basic Street Total Dollars Factor Units
Lateral Li htin Char e
2401 CSA L-100 $14.94 $612,783.20 40,985.00
Proposed CSA L-100 $14.94 $29.88 2.00
Annexation
New CSA L-100 $14.94 $612,813.08 40,987.00
Totals
Notes:
1) Two (2) Single Family Dwelling Units at $14.94 each = $29.88.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 96/97Tax Roll
and approved by the Board of Supervisors on July 9, 1996.
ASSESSMENT DIAGRAM OF MINOR SUBDIVISION 9-95
Contra Costa County
County Service Area L-100 Street Lighting District
CONTRA O&STA
A
F-9WV47 JI :53 $
600-100-901
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On July 9, 1996, as an attachment to Resolution 96/313 , the Board of Supervisors adopted the "Final
Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For
Fiscal Year 1996/97 ". That report recommends levying of a street lighting charge as provided in the
County Service Area 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 County Service Area L-100 ("CSA L-100").
Total Assessment/ Charge 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 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1997/98.
Methodology for Calculating Street Lighting 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 County
Service Area 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) unforseen
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
County Service Area (CSA) L-100 Lighting District.
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing Minor Subdivision 9-95 consisting of the two
(2) parcels described in Exhibit A. On June 12, 1996, the owner of these parcels submitted a request
to the County Department of Public Works to annex them into County Service Area L-100 ("CSA L-100").
In anticipation of this annexation on June 17, 1997, the Board of Supervisors adopted Resolution 97/ 326
fixing a public hearing to consider levying an assessment (the "Assessment") on these parcels.
Exhibit B, "Addendum to the Final Engineer's Report to the Board of Supervisors for Establishing
a Street Lighting Service Charge for Fiscal Year 1997/98 includes (1) the total amount that will be
chargeable to CSA L-100 if the Assessment is adopted; (2) the amount that will be chargeable to the
property you own, as identified in exhibit A; (3) the methodology upon which the Assessment is based;
and (4) the duration of the Assessment.
The Board of Supervisors will conduct a public hearing to consider levying the Assessment (the
"Hearing") on August 5, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651
Pine Street, Martinez, California 94553. At the Hearing, the Board of Supervisors will consider all
protests against the Assessment and tabulate the ballots.
Procedures for tabulating, completing and returning ballots: The Board will not impose the
Assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the Hearing,
the total amount of the Assessments chargeable to parcels whose owners submit ballots in opposition
to the Assessment exceed the total amount of the Assessments chargeable to parcels whose owners
submit ballots in favor of the Assessment.
A ballot is attached to this notice. The ballot may be completed and mailed to the Contra Costa
County Department of Public Works, Special Districts, 255 Glacier Drive, Martinez, California 94553.
The Ballot must be received by the Department of Public Works on August 5, 1997. Immediately before
the Hearing, the Board of Supervisors shall consider any objections or protests to the Assessment and
certify the tabulation of the ballots. The Board of Supervisors will not impose the Assessment if there
is a majority protest.
EXHIBIT D
Ballot
Assessor's Parcel Nos.: (The Assessor's parcel numbers will be provided to the Public Works
Department as soon as they are available.)
Record Owner: Lane Winship
Address: PO Box 26
Danville, CA 94526
Yes, I approve of the proposed annual assessment of$14.94 on each of parcels
identified in this ballot.
No, I do not approve of the proposed annual assessment of $14.94 on each of
these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
0
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"Notice is hereby given that the Board of Supervisors of Contra Costa
County will meet in the Board Chambers, Room 107 at 651 Pine Street,
Martinez, California, to hold a public hearing on August 5, 1997, at 10:30
a.m., to consider comments of any interested person, either written or
oral, to the proposed annexation of Minor Subdivision 9-95, Walnut
Creek Area, to County Service Area (L-100) Lighting District. A copy
of the Engineer's Report, is on file with the Clerk of the Board of
Supervisors, 651 Pine Street, Room 106, Martinez, California, and the
Public Works Department, 255 Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Attest: June 17, 1997
By-
Deputy Shirley Casillas
Publication Dates:
July 16, 1997
July 22, 1997
rtaSWIto iotM PW-".COB
Imie9,t9y7
"Notice is hereby given that the Board of Supervisors of Contra Costa
County will meet in the Board Chambers,Room 107 at 651 Pine Street,
Martinez, California, to hold a public hearing on August 5, 1997, at 10:30
a.m., to consider comments of any interested person, either written or
oral, to the proposed annexation of Minor Subdivision 9-95, Walnut
Creek Area, to County Service Area (L-100) Lighting District. A copy
of the Engineer's Report, is on file with the Clerk of the Board of
Supervisors, 651 Pine Street, Room 106, Martinez, California, and the
Public Works Department, 255 Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Attest: June 17, 1997
By'.
Deputy rley Casillas
Publication Dates:
July 16, 1997
July 22, 1997
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