HomeMy WebLinkAboutMINUTES - 08031999 - C29 8
'f o, BOARD OF SUPERVISORS
FROM. J. MICHAEL WALFORD,PUBLIC WORDS DIRECTOR
DA'C`E. AUGUST 3, 1999
SUBJECT: ADOPT THE RESOLUTION, ACCEPTING THE ENGIN'EER'S REPORT AND FIX A HEARING
TO CONSIDER LEVYING AIN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
AN EXED TO COUNTY SERVICE AREA L-100,DP 3001-91, BAY POINT AREA
(AVO 5001 ORG# 7394)
SPECIFIC QUEST(s)OR RECOMIMENDATION(s)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in DP 3001-91 to be annexed into County Service Area Le100.
2. FIX a Public Hearing for October 12, 1999 at 9;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.
P tv
.
Continued on Attachment:X SIGNATURIL �
i
_
RECOMMENDATION DATI€3N OF BOARD COMMITTEE
APPROVE �€ THER
SIGNATURE(S):
ACTION OF OARTD ON AUGUST 3, 1999kPP OVED AS i hereby certify that this is a:rue and correct copy of an action
RECOMMENDED,OTHER� taken and entered on the minutes of the Board of Supervisors on
the date shown.
V Tv OF SUPERVISORS
UNANWOUS(ABSENT _� AUGUST 3 1999
AYES. —_ NOES: ATTESTED: p
ABSEtN` :. ABSTAIN: 'PHIL BATCHELOR,Clerk of the Board of Supervisors and County
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iSUO paskage.doc
Orig.Div: PubEic Works(Special Districts) {
Contact: SkipBppveriy(3?3-2253) -.�'` L
ce: County Administrator By Deputy
Assessor i 7-7 0/
Auditor-Controller 41
Community Development
County Counsel
S. B CT; 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, ISP 3001-91,BAY POINT AREA
DATE:
AUGUST 3, 1999
PAGE - 2 -
11.
2Ile Fivanci&IImpa.ct:
There will be no financial impact to the County General fund. All casts 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 Lw100, for continued maintenance and operation of these 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 Beard Order and Resolutions complies with the
requirements for new assessments under Proposition 218.
IV. Consequences of Neiza.tive Action:
This project will not be in compliance with the Conditions of Approval for DP 3001-91, 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 August 3, 1999, by the following vote:
AYES.° SUPERVISORS GIOIA, UILK A, GERBER, UESAULKER, AND GATGIAMILLk
NOES:
ABSENT: NONE
ABSTAIN: :"r+GNE
RESOLUTION NO. 991333
SUBJECT: RESOLUTION ACCEPTING TIME 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 DP 3001-91 (the "Development") consisting of one parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be one parcel.
. On July 1, 1999 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 (DSA 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
°imiscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the
Contra Costa County Cade.
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.
6. 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 1999100 (the "Engineer's Deports') is
attached as Exhibit B. The Engineer's Deport 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 Dight Program on July 13,
1999. 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 Beard Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on October 12, 1999 at 9:00 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 Tearing 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 Deport for the Assessment; confirms the Final Report; and levies
the Assessment for the Fiscal year referred to in the Engineer's Report.
I hereby cert;ty that this is a true and,correct
copy of ar, actio ts.ken and ert�.Yed Or the
MErutes of the B,,a d of Su OrvisOrs 0" the
date shover .
ATTEST �.�. of he Board
PHI ¢ # , 4_ ., Cry
0 sors and t our°ty Adm-i�?stratcr
By Deputy
RESOLUTION NO. 991 393
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Calvary Temple Church
099-130-006 4725 Evora Read
Say Point, CA 94520
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.
5.0 Street Lighting Factors/Parcel.
RESOLUTION NO. 991 393
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L®100
FISCAL YEAR 1999-00
The undersigned, acing 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 X111D,
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 Haat she is a professional
engineer,registered in.the State of California.
Dated: By: €
ea er Ba leng r
Assistant Public Works Director
INCE No. 41746
RESOLUTION NO. 991 393
COUNTY SERVICE .AREA L-100
ENGINEER'S REPORT
ADDENDUM
DP 3001-91
Prol ► erta _ Fahr Urtitor
pament
099-130-006 36.6666 acres 5.0 ` $74.70
z
Fuhd
BaSIC5, re ars
at Total 11 ptict r:Units:
arge
Ing
6 �
2401 CSA L-100 $14.94 $625,696.56 41,677,50
Proposed CSA L-100 $14.94 $74.70 5.00
Annexation
New CSA L-100 $14.94 $625,771.26 = 41,362.50
Totals
Notes-
1) -5.-0
otes:1) .0 Street Lighting Factor Units at $14.94 each = $ 74.70.
2) Total Dollars and Factor Univ taken from CSA L-100 Final engineer's Report for the 1999/00 Tax Roll and
approved by the Board of Supervisors on July 13, 1999.
RESOLUTION NO. 99/ 393
ASSESSMENT DIAGRAM OF
s
Contra Costa County
County Service Area L-140 Street Lighting District
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5 UNE DRECTION DISTANCE
n -7 2 , t_3 S88'50'50"W45.73' 1
1-4 i S00°54'22"W� 246.73'
A i 099-93€1—OSS LS S02'03'28"E i 313.32'
L6 N48'54 59'W i 244,99'
L8 esso ''�z L7 NO!'2D'31"E 286.02
LS S S48'?5 xgr,W 1 45.66
YE. 6
EVORA RD. IMPROVEMENTS
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SOUTHEASTERN SIDE
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RESOLUTION NO. 99/ 393
On July 13, 1999, as an attachment to Resolution 99/323, 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 1999100". 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 leo. 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 to-100
In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be
$74.70 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $74.70 in Fiscal Year 199912000.
Methodoloov for Calculating Street Lighting Assessments
The "benefit received" is based on a sliding scab: of 1 basic unit charge for a single family dwelling unit
to as much as 3 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.
RESOLUTION NO. 99/393
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$74.70 per year.
'hay 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,CA, 94553-4897.
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 27, 1999 or you may hand carry your ballot to the
Public Hearing on October 12, 1999. 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 maybe used to express either support for or apposition 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"vete.
Public Hearing
The bearing will be held on Tuesday, October 12, 1999 at 9:0€1 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Dine 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 tape
action on whether or not to levy the assessments based upon the testimony and ballots received.
RESOLUTION NO. 991393
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel No.: 099-130-006
Annexation Of: DP 3001-91
Record Owner: Calvary Temple Church
Address: 4725 Evora Road
Bay Point, California 94520
Yes, I approve of the proposed annual assessment of$74.70 on each of the parcels
identified in this ballot.
No, I do not approve of the proposed annual assessment of$74.70 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99t 393