HomeMy WebLinkAboutMINUTES - 09141999 - C3 'f0, BOARD OF SUPERVISORS
FROM: J. MICHAEL 'vVALFO-.RD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 4, 1999
SUBJECT. ADOPT THE RESOLUTION, ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER LEVYING ANT ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100,DISCOVERY BAY WEST DEVELOPMENT,
VILLAGES I T THROIT VILLAGES IV -TNT
—DP 3025-91, SUB 7686,VARIOUS DEVELOP J GH
PHASES INCLUDING SUB 8023, BYRON AREA
(WO 5001 ORG# 7394)
SPFCTF-C RIEQUEST(S)OR RECOMMENDATION(S)&BACKGROLND AND JUSTIFICAn-ONT
1, Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in Discovery Bay West Development, Villages I through Villages IV — DP 3025-91, SU70 7686, va-11ous
development phases including Sub 8023 to be annexed into County Service Area L4100.
2. FIX a Ptblic Heari,-.qg for"INNovernber 2, 1999 a, 10:00 amn. in Room 107 of the Board of Supervisors'
Chmnbers, 651 Pine Street, Martinez, California to certify the tabulation of+,be ballots submitted for the
proposed assessment, and levy the proposed assess-melt.
3. DIREC T 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 BO ON APPROVED AS;
RECOMMENDED &OTHER ' hereby certify that this is a true and correct copy of an action
taken and entered ors the minutes e,the Board of Supervisors on
VOTE OF SUPERVISORS the date shvwn.
X _ 'UNANIMOUS(ABSENT none—
AYES: NOES:
ABSETiT-- ABSiA—IN-. ' 1ATTESTE-0, SeDtember 14, 1999
SE:JRAw i P�i!L BATC -LOR, Clerk of the Board of Supervisors and County
Administr m0
Orig,Div: Public Works(Special Dislticts)
Contact Skip Eppeny(313.=53)
cc: County Administrator By Deoutv
Assessor /Znl�
Auditor-Crnitrager
Community Development
County Counsel
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAII PARCELS TO BEA-NNEXED
TO COUTNNTY SERVICE AREA L-1€0,DISCOVEERY BAY WEST DEVELOP T,VILLAGES
I THROUGH VILLAGES IV—DP 3025-91, SUB 7686, VARIOUS DEVELOPMENT PHASES
INCLUDING SUB 8023,BYRON AREA
DATE: SEPTEMBER I4, 1999
PAGE - 2 -
11. Financigl Impact:
There will be no financial impact to the County General Fund. All costs will be covered with revenue from
the Cmintywide Street Light District, CSA L-100.
111. Reasons for Recommendations and Back groupd:
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.
Propokition 2'1 8 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 witht]-he
requirements for new assessments under Proposition 218.
IV. Co se :uences of N mfive Action:
This project will not, be in compliance with the Conditions of Approval fo.- Discovery Bay West
Development, Villages I through Villages IV — DP 3025-91, Sub 7686, various development phases
including Sub 8023, and an alternative means to finance public right of way street lighting would have to
be fowid.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 14, 1999, by the following vote:
AYES: SUPERVISORS GI01A, UMUMA, GFRBER, DESALTUNIER kND CAINCIATMILLA.
NOES: NONE
ABSENT- NON,-':,
ABSTAIN: NONE
RESOLUTION NO. 99/ 446
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-11 00 LIGHTING DISTRICT
The Board of Supervisors of Contra Costa County FINDS THAT-
I. The County is currently processing Discovery Bay West Development, Villages I through Villages
IV— DP 3026-91, Sub 7686,various development phases including Sub 8023 (the "Development")
consisting of 17 parcels, more specifically described in Exhibit A. The ultimate number of parcels to
be created from, this development will be 1759 parcels.
2. On July 23, 1999 the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into County Service Area L9100 (CSA L-190). 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-1 00, the parcels within it will receive a special benefit
over and above that received by the general public In the form of fighting 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 Ught 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. used 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 November 2, 1999 at 10:00 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: conf rms 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.
i�, %car-z y that Ns Is a tmia and oxi-ect copy of
an action, ¢aksn and anterad on t-,e mhutes of L.�e
Board of Supsrvisors ontha-date shown,
AT-`E8j`l*0D-'- ItRtembei 14�1999��
P��U.WCHELOR,01Wk of'he Board'
/I oll&iperviafrs aind County Adrnhistrator
Y;�� LdH2 Deplt/
BY
RESOLUTION NO. 991 446
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L=100 STREET LIGHTING DISTRICT
Propel Owner's List
i,
Parcel Assessor'& Parcel Numbernr' ams! re
9
E New Discovery Inc.
015-1 0-001, 002 3
tl r€ 3 1330 Galaxy Way
011-240-001Concord, CA 94522 a
Talisman Realty Group
011-230-010, 011,; 012, 013, 014, �
Inc.
01 1-220-023, 024, 025, 026, 027
PO Box 758
Concord, CA 94522
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.
1,3 . Street Lighting Factors/Single Family Parcel,
1.0 Street Lighting Factors/Multiple Far liy Parcei.
RESOLUTION : 99/ 446
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1999-00
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 X111D,
Section 4, of the alfa la Constitution,the Cownty Service Area Law(Gov. Code, 25210.1! et s--q,) and
Division 1012 of the Contra Costa County Ordinance Code, The undersigned certifies that she is a professional
engineer,registered in the State of California.
Dated: By:,
H6ather`f�� f gei'
AssistatitTublic Works Director
RCE No. 41746
RESOLUTION NO. 991 445
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
DISCOVERY BAY WEST DEVELOPMENT
VILLAGES l THROUGH VILLAGES I
DP 3025-91, SUB 7685
VARIOUS DEVELOPEMENT PHASES INCLUDING SUB 8023
Parcel tort reltir r Unitosed
NUmber $%94 asossmen
aFy 00101 '
' t
! J
1 - 1706 ° 015-160-001, 602 t Single Family 1,0 $25,467.64
011-240-001
1707-1759 011-230-010, 011, Multiple Family 1.9 791,32
E 012, 013, 614, 015,
616, X317, 018; i
c •
011-220-023, 024, �
025, 026, 027
Fungi Tax Bill Ic t 'dotal Dollar factor Units
Literal lighting'Charge
2431 CSA L-100 X14.94 X625,696.56 41877,50
;
Proposed ' CSA L16 $14.94 $26,279,46 1759.96
Annexacttowrt B
New CSA L-100 � $ 14.94 $651,976.02 � 43,636.56
ota is
Notes:
1) 1759 Street Lighting Factor Units at $14.94 each = $26,279.46.
2) `dotal Dollars and Factor Units taken from CSA L-1 00 Finalengineer's Report for the 1999/00 Tax Roll and
approved by the Board of SupervMors on July 13, 1999.
RESOLUTION NO. 99/ 446
ASSESSMENT DIAGRAM OF
Discovery Bad West Development
Villages l through Villages IV
DP 3025-91, Sub 7686
Various Developernent Phases Including Sub 9023
Contra Costa County
County Service Area L-100 Street Lighting District
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PCLEXHIBIT F DETAIL
CONTRA COSTA COUNTY v'TS
ANNEXATION TO COUNTY SERVICE
AREA (L-100)
JULY 9999 PAGE 7 G
Carlson, Barbee, & Gibson, Inc.
CIVIL ENCiNEERS 9 SURVEYORS a PLANNERS
2000 CROW CANYON PLACE 250 SAN RAMON, CALIFORNIA 94583
TELF-PRONE: (570) 666-0322 FAX. (510% 868-9575 k
RESOLUTION ION 0. 991 446
On July 13, '999, as an attachment to Resolution 99/3239 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
A
County Service Area Law, Government Code sections 252 i 0.1, and following and in accordance with
Ordinance No. 79-425 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-190 ("CSA L-1 00"),
Total Assessment]Char0a On CSA L-100
In the event that the proposed assessment is levied, the total amount chargeable to CSA L-1 00 will be
$14,94 per parcel,
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 2000/2001.
Me ssessmonts
The "benefit received" is based on a sliding scale of I 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) unfor-se-en
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, 991 446
EXHIBIT C
BALLOT NOTICE
Why didyou receive this Ballot?
Whern your development was approved,there was a requirement(condition of approval)to annex the parcel(s)into the County
I
Service Area L-1,00 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 21:8 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$26,279.46 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 and 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 October 18, 1.999 or you may hand carry your ballot to the
Public Hearing on November 2, 1939, 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 assessinent,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 Hearing
The hearing will be held on Tuesday, November 2, 1999 at 10:00 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street,Martinez,CA 94551 Results of the returned ballots will be announced after the
close of the public testimony portion ofthis 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. 991 446
EXHIBIT Q
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 015-160-001 M2- 011-2410-001
Annexation Of.- Discovery Bay West Development, Villages I through
Villages IV— DIP 3025-91, Sub 7686, various development
phases including Sub 8023
Record Owner. New Discovery Inc.
Address. 1380 Galaxy'Nay
Concord, CA 94522
Yes, I approve of, the proposed annual assessment of$14.94 on each of the 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.
Date
RESOLUTION NO. 99/ 446