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Home My WebLink AboutMINUTES - 07281998 - C28-C29 e. 25 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: JULY 28, 1998 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 SERVICE AREA L-100, MINOR SUBDIVISION 10-97, ALAMO AREA (WO 5001 ORG#7394 ) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in Minor Subdivision 10-97 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for September 22, 1998 at 11:00 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. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON Ju 1 y 2 8 , 1998 APPROVED AS RECOMMENDED_ VOTE OF SUPERVISORS X UNANIMOUS(ABSENT II„ IV } AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct SE:JR:cs copy of an action taken and entered on thee. g:1Engsvc\Spdisfll3OVuly\M, Slb-97.doc minutes of the Board of Supervisors on the'. Orig.Div: Public Works(Special Districts) date shown. Contact: Skip Epperly(313-2253) i cc: County Administrator AT TESTFD: Assessor PHIL BATCALOEf, Clerk of the €oard Auditor-Controller Community Development of Supervisors and County Administrator County Counsel By �2 r s, »�►..rs1 .r Deputy _. . ......... ._..._._. .. ... ....... ...._ .. ... ......... ....._... 1.111.1.11.11 .....1 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 10-97, ALAMO AREA. DATE: JULY 28, 1998 PAGE - 2 - 11. 2 -II. 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 lightingfixtures 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. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for Minor Subdivision 10-97, 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 July 28,1998, by the following vote: AYES: Supervisors Gerber, Canciamilla, and Rogers NOES: None ABSENT: Supervisors Uilkema and DeSaulnier ABSTAIN: None RESOLUTION NO. 981 409 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL 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 10-97 (the Development") consisting of two (2) parcels, more specifically described in Exhibit A. 2. On July 6, 1998 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 1997198 (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 15, 1997. 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 September 22, 1998 at 11:00 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 "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 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. 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. SUR: g:1E ngSvc\SpDistl.t.-1 OORes Orig.Dept.: Public Works Department(Special Districts) Contact; Skip Epperly,313-2253 cc: County Administrator Assessor Auditor-Controller Community Development County Counsel I hereby certify t!lpt t ! . is a true and correct copy of an actic(� tak date shown. n and entered on the minutes of the Beard' cif ;supervisors on the ATTESTED: c_! PHIL SATO LG ' ; i%ir:i <, t3€ the Board of Supervisors and County Administrator By .� Deputy RESOLUTION NO. 98/ 409 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Perel. Aa�seeeor's ret Nlumberr's NietAd John & Jennifer Leonard A 188-340-001 2499 Lunada Lane Alamo, CA 94507 John & Jennifer Leonard B 188-340-001 2499 Lunada Lane Alamo, CA 94507 *"** 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. One (1) Street Lighting Factor Per Parcel. RESOLUTION NO. 98/ 409 _....... ......... ._...._.. _..... ....... ....... . .... ...... ........ ........ ........ ......._.. _.......... .._._._.. EXH'I'BIT B ADDENDUM TO THE FINAL EN'GINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997/98 RESOLUTION NO. 98/ 409 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Minor Subdivision 10-97 idss + :sir .��t Oes "pti€�rt Factor Un Prt a c# t urrib0,U ► ret° A 188-340-001 2,013 SM 1.00 $14.94 21,666 SF B 188-340-001 14,089.96SM 1.00 $14.94 151,626 SF cd Tax:.�itl gastcfre+�t Ttta1 t1ss act Ui# t+ rit L9h>trrt hsr� 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $29.88 2.00 Annexation New CSA L-100 $14.94 $618,331.66 41,384.50 Totals Notes: 1) 2.00 Street Lighting Factor Units at $14.94 each = $29.88. 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997198 Tax Roll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 98/ 409 _.. ......... ......... ._......1.11.1... ._.. ......_.. ....... ........_. .......... ........ ........ ...._...... ........_.........._...__................. .._....._......_.. ASSESSMENT DIAGRAM OF Minor Subdivision 10-97 Contra Costa County County Service Area L-100 Street Lighting District r S'1Al'_LA�O R. QQ,C��e � 0 C a1`s Mo.5m s ids 13. ER. 12-31-2000 * �� .� 4I1' '►{' �' ib ,eQ�.�dt� IS 27"07'10" E 58./am l0+f.415m Rancho San Ramon a5. "T ZY = e # ,� 7,00. C.C.Ca. (1379 OR 340) NOTE:THIS PLAT 8 WED ON A RECENT UNRECOROEO SURVEY BY 1 oft a emso s OMAD EVANS AND ASSOCMATES-WITH THE INTENTION THAT A PARCEL MAP Enuc a+oswwt saw,ISIre"we resra M "LL BE EYED 10TH THE CONTRA COST#COL+NIY RECORDER wrmiN awty s u+<sw,ce,ta, THE NEXT 12 MONTHS,THE BASIS OF KAMtM s THE WEST uNe resat•aigVipi.,tt lirr,ICr,ccr. OF LNNADA L 4NE AS SHOWN ON THE MAP OF SLWy1 M 7171 FILED FttED FEB. 28. 1382 (380 M 23) TAKEN AS NORTH 3727'OD'WEST $AVID DAN AM ASS MIK W- PLAT M ACCO~LEW WSarW t DRAWN BY, ofY DATE: 7/W/a ENCIN ERSi.PLANNERS•SURVE4M WAM 1,2000 WW 00MOM VAN*MAW CALWOmm> '25 PROPERTY DESCRIPTION im NO. REF. SI fAx t M7-3388 $7250 W.002 N0. 5;MUM 2499 LUNA.DA LANE *"�" PM—1 OF 1 ALAMa Cx1NTRA COSTA Co. CALIFDIlNIA. &P.N. 183-3+0-00, RESOLUTION NO. 981409 On July 15, 1997, as an attachment to Resolution 971374, 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 1997198". 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 17, '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 1999/2000. 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 severalfactors 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 coasts 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. RESOLUTION NO. 981 409 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 parcel(s)into the County Service Area 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? For single family homes,the assessment will be$14.94 per year. The total amount levied by the assessment, with regards to this development is approximately $29.88 per year. 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. Haw 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, CA , 94553-4897. RESOLUTION NO. 981 409 Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive, Martinez, CA 94553 prior to September 22, 1998 or you may hand carry your ballot to the Public Hearing on September 22, 1998. Ballots received after the close of the Public Hearing,can not be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned, weighted by their assessment, are 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 County Service Area L-100 Lighting District. The ballot may be used to express either support for or opposition to the proposed County Service Area 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"zero" vote. Public Dearing The hearing will be held on Tuesday, September 22, 1998 at 11:00 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. RESOLUTION NO. 98/ 409 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 188-344-001 Annexation Of: Minor Subdivision 10-97 Record Owner: John & Jennifer Leonard Address: 2499 Lunada Lane Alamo, CA 94507 1 approve of the proposed annual assessment of$14.94 on each of the parcels tified in this ballot. 1 do not approve of the proposed annual assessment of$'14.94 on each of these els. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 981409 ......... ......... _........ _........ ................................................................................._.. ........ ........ ........ .......... ....... ........ ............. ......... ........... ........... .._......._..._._... Contra TO: BOARD OF SUPERVISORS • Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 28, 1998 SUBJECT: SET DATE FOR PUBLIC HEARING TO FORM THE TRI VALLEY TRANSPORTATION DEVELOPMENT FEE AREA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. FIX August 11, 1998 at 11:00 a.m. for a public hearing to consider the adoption of an ordinance establishing the formatigrt of the Tri-Valley Transportation Development Fee Area, pursuant to Government Code Sections 66474.2(b). 2. DIRECT the Public Works Director to publish the notice of the hearing and to file a copy of the Development Program Report for, the Tri-Valley Transportation Development (TVTD) Fee Area with the Clerk of the Board in accordance with Government Code Sections 54986(x), 65091, 66016(a), 66474.2(b)(2), 65090(a), and 66484(x). FISCAL IMPACT The formation of the TVTD Fee Area will have no financial impact on the General Fund. The funds collected will be deposited in a trust account to fund specific transportation projects in the TVTD Fee Area. CONTINUED ON ATTACHMENT: X YES SIGNATURE >c, RECOMMENDATION OF COUNTY ADMIN1'STRAM RECOMMENDATION OF BOARD C MI --, APPROVE OTHER SIGNATURE S}: ACTION OF BOARD ON July 28 , 1 APPROVED AS RECOMMENDED X_ _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS {ABSENT V ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Daniel J. Pulon, AICP (9251335-1241) ATTESTED 24le i' cc: Community Development Department (CDD) PHIL BAT HE R CLERK OF Sharrell Michelotti, TVTC Chair THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Martin Lysons (PWD) �,c:ltvtclhear.daf DEPUTY ......... _........ ......... ......... ......... ......... ........_........................................... ........ ......... .......... ...._..... ........ ........ .......... .......... ........ ........ ........ .......... SET DATE FOR PUBLIC HEARING TO FORM THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE AREA July 28, 1998 Page 2 BACKGROUNDLREASONS FOR RECC)MMENDATIONS The Tri-Valley Transportation Council (TVTC), comprising seven (7) elected city and county representatives in the Tri-Valley area of Contra Costa and Alameda Counties, have been engaged in transportation planning efforts, over the last several years. The Board of Supervisors approved the TVTC Action Plan/Transportation Plan, which the TVTC adapted in July 1995. This document identified eleven (11) transportation projects needed to accommodated year 2010 projected growth in the Tri-Valley area. These transportation projects were the basis of the TVTC Nexus Study for a development impact fee in the Tri-Valley Area. The Board of Supervisors has previously accepted the Nexus Study, on file with the Clerk of the Board, to serve as the basis for a future Tri-Valley Transportation Development Fee should the TVTC decide to have a development impact fee program in the Tri-Valley area. On October 29, 1997, the TVTC agreed to transmit to each TVTC jurisdiction a resolution of Principles of Agreement for Adoption of the Tri-Valley Transportation Development Fee. Upon unanimous approval from the TVTC jurisdictions, this document would become the framework for a Joint Exercise Powers of Agreement to enact a development impact fee program in the Tri-Valley Area. The Board of Supervisors approved the Resolution ( No. 97\616, not attached), November 4, 1997. The TVTC, having received unanimous approval from the TVTC jurisdictions for the Resolution, developed the Joint Exercise Powers of Agreement (JEPA, not attached) to create a Tri-Valley Transportation Development Fee. Southern Contra Costa Regional Fee The Southern Contra Costa Regional Fee (SCC), which is currently being charged to developments within Contra Costa County, City of San Raman, and Town of Danville partially funds two of the TVTC projects in Contra Costa County: I- 680/Alcosta Boulevard Ramps. In the event that the TVTD Fee is approved, the three parties of the SCC will meet to discuss reducing the SCC JEPA to incorporate the TVTD Fee to avoid double charging for these projects. By the terms of the SCC JEPA (adopted by the Board of Supervisors in August 1996), all three jurisdictions must agree to any change in the SCC Regional Fee. CONSEQUENCES OF NEGATIVE ACTION NONE. Failure to form the TVTD Fee Area would result in leaving the SCC Fee intact to fund the following regional projects in southern Contra Costa County: 1680 Auxiliary Lanes, and the 1680/Alcosta Boulevard Ramps.