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Home My WebLink AboutMINUTES - 09141999 - C2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTO DATE: SEPTEMBER 14, 1999 SUBJECT; ADOPT THE' RESOLUTIONT ACCEPTT1'� THE E'NGINEER'S REPORT AND FIX A HEARING TO COINSIDE.� �EV I G ANT ASSESSMENT FOR ADDITIONTAL FARCEIIS TO BE ANNI-EXED TO COUNTY SERVICE AREA L-100, DP 3064-82,ALAMO ARE "WO 5£101 OI G# 7394) SP CIFFC REQUEST(S)OR R,Ct',Ye!MENDATION(S)&BACGR() F1 AAD JUSTIFICATION Recommended Action- 1. ADOPT the Resolution accepting ,e attached Engineer's Deport for a lighting assessment on the parcels in ISP 3€I64-82 to be annexed into County Service Area L-100. 2. FIX a Public ITearing orNove ber 2, 1999 at 10:00 a.m. in doom 107 of the Board oil Supervisors' Chambers, 651 Dine 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 to mail,by first class mail, a written notice and ballet to each parcel owner within t1he development in compliance with Proposition 218. Continued on Attachment-X SIGNATURE, RECOMMENDATION OF BOARD COMMITTEE _APPROVE —OTHER SIGNATURE(S)t ACTION OF BOAITi?ON Sept. 14, APPROVED A €here1- that this is a true and correct copy of an action RFCOMMENDED X -OTHER,_,,,,J taken and entered on the minutes of the Board of Supervisors on x-p the date shown.. VOTE OF SUPERVISORS X UNAN:VI£ JS(ASSENT x3^ta ) AYES: DOES: :ATTESTED:��, ABSEI Ts ABS'T'AIN. 1 Phi l..BATCHELOR, C':erk of the Board of Supervisors and County SE:3R:kw Administr GAGrpData\SpDist\noard Orders\1994\04Septemoer\ D?3064-82.doc orifi,Div: Public Works(Special Distrxts) s Contract: Skip Rppe;Sy(313-2253) CC; County Administrator By * Deputy Assessor Auditor-Controiier Crnrwgity Deveioprnent County Counsel SUBJECT- ADOPT RESOLUTIO'%ACCEPTINI G THE ENGINEER'S REPORT ANND PIX A.HEARING s0 CONSIDER LEVYINGAN-1 -ASSESSME T FOR.ADDITIONAL PARCELS TO BE ANNTEXED 0 COUNTY SERVICE AREA L-100, DP 3064-82, ALAMO AREA DATE. SEP`T`EMBER. X4, 1999 PAGE - 2 - 11. 211. Financial It: I here will be no financial impact to the County General F-and. All assts will be covered with revenue from the Countywide Street Light District, CSA L-100. ITfa Reasons for eco a datio s AUS B c ground: The developer is req, red by Condition of Approval to install street lighting fixtures and annex to the County's street light program, CSA L-100, for continued rnairitenance and operation of those fixtures. Proposition 218 provides that any new assessment may not be approved if it is opposed by a major-y of the property owners voting on the proposed assessment. The Board.Order and Resolution complies t1x the, requirements for new assessments under Proposition 218, IV. C onseq enefrNe ative Alqo a This project will not be in compliance with the Conditions of Approval for DP 3064-82, and an alternative means to 1nance public right of way street lighting would have to be fbund. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT`, CALIFORNIA. Adopted this Resolution on September 14, 1999, by the following gots: AYES. SUPVISuRS GIOILA, UILKEYLk, GERBER, DESAUBTIE AND �NCI��IL NOES. NOONE ABSENT: NONE ABSTAIN, NONE RESOLUTION NO. 99/ 445 SUBJECT:CT: RE OL TIO ACCEPTING THEENGINEER'S REPORT AND FIXING A PUBLIC FEARING TO CONSIDER LE\MNG AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYV ID L-100 LIGHTING DISTRICT The Board of Supervisors of Contra Gaeta County FINDS THAT: 1 a The County is currently processing DP 3064-82 (the "Development") consisting of four parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be four parcels. 2. On July 26, 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 (CSA L-100), The County intends to Initiate proceedings to annex the Development into CSA L-100 pursuant to that request. . Once the Development is annexed into CSA L-1 00, 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").ent"). The service charge meets the requirements of ars "assessment" under Article XIIlD 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 1999/00 (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 13, 1999. Based on its review of theEngineer's Report, the Board finds that, (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b) The cast 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 2, 1g g at 10:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pias Street, Martinez, California 94553. . The Board directs the Clark of the Board to immediately provide the Public lWorks Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to rail the written notice of the nearing (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 Engineees Report is on File with the Public`v°orks 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 Ballets. The Board shall not impose the Assessment if there is a majority protest. A majority pretests exists if, upon conclusion of the Hearing, Ballets submitted in opposition to the Assessment exceed the Ba/lets 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 Engineees 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. 1 9i }f' t3Y s"9 a.l�,at this Is °u:rise and correct:Mi'If an ad*n taken, and antered or, the MiTIVICS 0', 1-e s-r-5 EF Se t rr,h , t PHIL BATCH 03R,Qlark of the Bard f y' �s£i�,r'��'��.�iW 'u�4�4✓'� Sef^.�S�t�4�.��t�4'rv�Y BY RESOLUTION NO. 99/_4�LL f 6 s d � EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessors Parcel Number Ownerlt'Narne/Addr `E ? John & Beatrice Tagg 192-071-030-6 PO Box 754 E Pebble Beach, Coo 93953 2 192-671-03399 John & Rose Lineweaver 4410 Rosewood Drina Pleasanton, CA 94666 192-071-039-7 3John & Rose Lineweaver 4410 Rosewood Drive Pleasanton, CA 94566 4 ? 192-081-004-9 : Elizabeth H. Overholtr 3 PO Box 12 r Al rr o, CA 94567 x The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be seat to the Contra Costa County Public Works Department as they are available". -- .6 Street Lighting Facto r /P arcel. RESOLUTION O, 99/ 445 EXHIBIT- FINAL ENGINEER'S REPORT`" STREETLIGHTING SERVICE CHARGE COUNT' SERVICE AREA L-10 FISCAL YEAR 1999-0 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Repo-ft as directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article�� 11), Section 4, of!.he Ca iforma Constitution,the County Service Area Law(Gov. Code, 25210.1 et sed,.)and Division 10 12 of the Contra Costa County Ordinance Code. The undersigned certifies the,she is a professional engineer,registered in the State of California, 6 13ate� -;> By ' o. F :--eager laden gc r Assistant Public Works Director RCE No. 41746 RESOLUTION . 991 445 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM DP 3064-82 par Assessors PArcel Description Factor Proposoo Unit Assessms, t a 0 92.071-030-6 3 0.670 Acres ` 5.0 $74.70 Shopping Center r 2 192-071-036-9 0.03° Acres 0.0 $0.00 t State Board Assessed 192-071-039-7 ' 2.039 Acres 6,0 $74.70 Shopping Center e , 192-081-004-9 3.490 Acres 6.0 $74.70 33 , Shopping Center i ' Fund Ta 81 r Baste Street total Dollar `actor Units Lit-oral LlghtlihgCharga ;E 2401 CSA L-100 $14.94 $626,696.66 4 77.60 Proposed CSA L-100 $14.94 224.10 16.00 Annexation Nem CSA L-100 $14.94 1 $625,920.66 1 41,692.50 i 3 Notes; F} Street Ltg lir g Factor Units at $14.94 each 224. 0. 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for she ' 999/00*Tax Roll and approved by the Board of Supervisors on July 13, 1999. RESOLUTION O3 99/445 ASSESSMENT" DIAGRAM OF Contra Costa County ' u nty Service Area L-100 Street Lighting District f- t R4 96- APN 192-071-038 038 � `a�c� WUNI Y UAP 63 7 Aim:) 192..-071-039 ' 0, f G a ;;t v � 63 5 s y p 5 � '5 § =24'3.1921" H� A L31 V �r v :92 vet 00 36.964-rr, S -z- x C COURSE 9 �b �V s r19 3m }, goo CLICL UETRiC CSA -100 461c^2 A=soffm INC PXQUEST FOR ANffi0lV1 PLs4jVW - , ."pldf`£ ALAMO AUC 1999 -MMIAL AMM SUM'0 ss�w BattCONVU COSrA CDVNffe n :�� " ZM (M)'462—W92 PAZ C" -WA 1 1 LUMNO. 9/ On July 13, 1999, as an attachment to Resolution 991323; 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 1999/00". 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 ars assessment on the parcels described in Exhibit A after they are annexed into County Service Area L@100 ("CSA L-100`). `p In the event that the proposed assessment is levied, the total amount chargeable to CSA L-1 00 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, Mssessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family duelling 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 a (1) cost required to pay the pacific Gas & Electric Company's current monthly electrical bill; (2) the number and type of parcels within each Service Area, (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unf rseen 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 casts are apportioned among the various parcels in the County Service Area (CASA) L-100 Lighting District. RESOLUTION NO, 991445 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 i.n your development to pay for the cost ofmaintaining the street'lighting within the public right of way. The passage of Proposition 218 rewires a vote on all new assessments and this is why you received this Ballot. Haat Much is the Assessment? For single family.iomcs,the assessment will be$14.94 per year. The total mount levied by the assessment,with regards to.his development is approximately$224,10 per year. Why should'you Vote? Your vote will decide if the assessment will be unposed. 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. Wheat does the Assessment Fund Allow? The assessment allows the Benefit gone to provide and maintain street lighting within the public right of way. ,How rocas my Assessment Calculated? T he total cast to provide and maintain street lighting improvements is allocated to each property based on estimated special benefit received. Essentially,each single farmly home in the development is allocated the same assessment. An Engircer's Report detailing the rnetl°od of assessmea t, budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works,255 Glacier give,CA,94553-4597. Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. `fail 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 October 18, 1999 or you may band carry your ballot to the Public Nearing on November 2, 1999. Ballots received after the close of the Public*Nearing 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 owners) of the parcel identified herei<: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. lin 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, tenants)one or both properly owners may sign the ballot, There is only one ballot for each property even houghs the property may have more thwn one owner. If both owners of the property vote the sande,the ballot counts as one vote. If both owners vote differently,one in support and one opposed,'Hien the votes cancel each other out and the ballot will have a"zero"vote. Public ring The Bearing will be held on Tuesday, November 2, 1999 at 10:00 a.m. in the Board of Supervisors Chambers, County Administration wilding, 651 Pine Street,Martinez,CR. 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. 991 445 EXHIBIT County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Noss. 192-071-030-6 Annexation f; DP 3064®32 Record Owner. John and Beatrice Tagg Address: PO Box 754 Pebble Beach, CA 93953 Yes, l approve of the proposed annual assessment of$74.70 on each of the parcels identified in this ballot. No, i dry 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. 991445 EXHIBIT County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel os.: 192-071-038-9: 192-071-039-7 Annexation f. DP 3964-32 Record Owner: John and Rose Lineweaver Address: 4410 Rosewood Drive Pleasanton, CA 94566 `des, 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 arinual assessment of$74.70 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION O, 9914 EXHIBIT Q County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel os.: 192-081®00499 Annexation Of. DP 3064-82 Record Owners Elizabeth H. Overhoitzer Address. PO Box 12 Alamo, CA 94507 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. q l 445