HomeMy WebLinkAboutMINUTES - 09141999 - C5 �4
TO: BOARD CSE SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER l4, 1999
SUBJECT:T: ADOPT THE RESOLUTION AC'C;EPTING THE ENGINEER'S REPORT AND FIX A HEARE\TC
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, MINOR SUBDIVISION 4-98, WALNUT
CRE AREA
(WO 5001 ORG# 7394)
SPECIFIC R--Qu`-ST(S)OR R COMMEND ATIONTT(S)&BACdCrR.CUND ANIS JUSTIFICATION
IQ
Recommended Action-
1. ADOPT the Resolution accepting tl.e attached Engineer's Deport for a lighting assessment on the parcels
in Minor Subdivision 4-98 to be apexed into C olmty Service Area L-'00.
2. FIX a P=ublic Dearing for November 2, 1999 at 10:00 a.m. in loom 107 of the Board of Supervisors'
Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted fol-the
proposed assessment, and levy the proposed assessment.
3. DIRECT the Public Worlks Director to mail,by first class Mail, a Yuri en notice and ballot to each parcel
o er within the development in compliance with Proposition 218.
Continued on Attachment.X SIGNATURE.
_ s
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Sept. 145 1 APPROVED AS 1 hereby certify that thisis a true and correct copy of an action
RECOMMENDED X €D'I'RER— taken and entered on the minutes of the Board of Super0sors on
_ t;he date shown.
� OTI-OF SUPERVISORS
X UNANIMOUS(ABSENT none �
AYES- NOES, ATTESTED: SEVtember 14 1990
ABSENT- ABSTAIN: PLA L Bs4TT�iE�JF�, �9er ofti�e�Board of Supervisors and County
SE:.Yit:kw i�e3^E;3#ut�it r
\\PWS7\SHAR)ATA\C pDzta\5pDist\Bo d O d"\.999\C9Sep:nnbeA
MS 4-99.doc 9
orig.Dive PublscWo^cs(Speczi iatric s
Contact: Skip Eppoey(3;3-2'253) -
CC County Administrztor i sy _..__... _ �� Deputy
Assessa.
Auditor-,^.ontrot;er �
Community Development t
County Counsel
SUBJECT. ADOPT RESOLUTION ACCEPTING THE E.N;GINEER'S REPORT SAD FIX A HEARING TO
CONSIDER LEVE' G AA ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED
TO CO'L)NTY SERVICE AREA L-100,MINOR SUBDIVISION-111 4-98, WALNUT CREEK AREA
DATE: SEPTEMBER 14, ;999
PAGE - 2 -
11. Financial I ;
There will be no financial impact to the County General Fund. All costs will be covered with revenge from
the Co- ntywide Street.Light District, CSA Lsl�a�,
III, Reasons for Recommendations and lac p ounde
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 neer assessments under Proposition 218,
IV. Consequences of-Negative Action.
This project will not be in compliance with the Conditions of Approval for Minor S,,bdivision 4-98, and an
alternative mear:s to finance public right of moray street'lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 14, 1999, by the following vote.
AYES: SUPERVISORS GIC IA; U-1-ILKENIA, BER, I3EAU-j.I4 R N-DCAN S ILLA
NOES: NONE
ABSENT; 'ONE
ABSTAIN: N:oNE
RESOLUTION NO. 99L
S BJ CTd RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND F1XlNG A PUBLIC HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL. PARCELS TO BE
ANNEXED TO COUNTYWIDE L-160 LIGHTING DI T ICT
The Board of Supervisors of Contra Costa County FINS THAT:
1. The County is currently processing Minor Subdivision 4-96 (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 two parcels.
2. On October 5, 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-166 pursuant to that
request.
3. Once the Development is annexed into CSA L-166, 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
:6miscellaneous extended services` (the "Extended Service") as defined in Article 1012-2.496 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 assts the
requirements of ars "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.
& 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 1999/66 (the "Engineer's Report"; is
attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under
Article 1912-2.602 of the Contra Costa Co€ my 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 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 Rine 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 rail 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 pretests 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 Bearing, 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 Engineees
Report, levies the Assessment in the Engineer's Report, finds that the Director of the Contra Costa
County Public Works Departments acting as the designated directors 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.
hereby certfy that this ;s a tme an. �^rres'mpy of
an aa ora ker, and entemd on t<p mi,,uLeti of the
AI ESTER: S en. a�`� 99
N;-i'L SATO!"ELOR,Clerk of the Board
o
f p �v. s&-nd County Adr lfristralor
B
RESOLUTION NO, 99/ 450
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
€; r m Md-re! f
9
Barbara & Darold Gillman
II-100-402
1 699 North ate Road ;
Walnut Creeks CA 94698 i
The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers
will be sera to the Contra Costa County Public forks Department as they are available.
1.4 Street Lighting Factor /Parcel.
RESOLUTION NO. 9914503
EXHIBIT
FINAL ENGINEER'S REPOT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L®100
FISCAL YEAR 999-00
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 fhe California Constitution, the County Service Area La-Z(Gov. Code, 25210.1 et seq.) and
Divisions 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional
engineer, registered in the State of California.
Dated: B%
Hea 61 :1
Assist t Pu'61ic Worms Director
INCE leo. 41346
RESOLUTION NO. 991 450
COUNTY SERVICE ARE. L-100
ENGINEER'S REPORT
ADDENDUM
MS 4-99
Ass"assor'sParcel D'ar1 '� Factor Unit p d
Number
I FY 9 100
136-1009002 Single Family 1.0 � $14.94
G 6-100-002 Single Family 1.0 $14.94
1
1
Fund''; Ta Bill B si . raft Tufa! Dollars I Factor Unite
a
Lleral :LightingCharge
2401 ~SSA L-1 00 ;4.94 $6260696,66 i 41677.60
Proposed CSA L-100 14.94 $29,66 2.00 f
s�,°r nex tion R
New CSA L-100 $14.94 $625,726.44 41,679.60
Totals
Notes:
1) 2.0 Street Lighting Factor Units at $14.94 each = 29,66.
2) Total Dollars and Factor Units taken from CSA L-1 00 Final engineer's Report for the 1999/00 Tax Roll and
approved by the Board of Supervisors on July 13, 1959.
RESOLUTION NO. 99/ 450
ASSESSMENT DIAGRAM OF
Minor Subdivision 4-98
Contra Costa County
County Service Area L-100 Street Lighting District
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RESOLUTION € O. 99/ 450
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 Maar 1999/00". That report recommends levying of a street lighting charge as provided in the
County Service Area Lave, 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-10 ").
Tota/ Assessment/ ChaLgq 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 aIculgt
The "benefit received' is based on a sliding scale of I 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 Are 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 type of parcels within each Service Area;
(3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unfer een
expenses such as electrical rate increases. The assessment revenue is used to pay for the total coats
of operating the street light system and those costs are apportioned among the various parcels in the
County Service Area (CSA) L-1 00 Lighting District,
€ ES LUTION NO. 991450 50
EXHIBIT C
ALLOT NOTICE
Why did you receive this allot?
When your development was approved,there was a requirement(condition of approval)to annex the parcel(s)into the County
Service Area L-10®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 alb 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 Vete?
Your vote veil:decide ifthe assessment will be imposed. Only returned ballots will be counted.
Will this Assessment increase In theFuture?
he Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election.
What dues the Assessment and Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
Hans 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 A in person:to the Contra Costa County public Works
Department, 255 Glacier Drive, Martinez, CA 94553 prior to October 18, 1999 or you may hand carry your ballot to the
public I-Tearing on November 2, 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 assessm=ent,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
Ser-vice 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 bath property owners may sign the ba;lot. Where 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 cancer each odder out and
the ballot will have a"zero"vote.
Public Hearing
'17he nearing will be held on Tuesday, November 2, 1999 at 10:00 a.m. in the Board of Supervisors Chambers, County
Administration Building,65; fine Street,Martinez, CA 94553. Results of the returned ballots will be announced after the
"ose 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. 991 450
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 133-190-002
Annexation Of. MS 4-9
Record Owner- Barbara & Harold Gillman
Address- 599 Northg to Road
Walnut Creek, CA 94583
Yes, 1 approve of the proposednnual assessment of$14.94 on each of the parcels
- identified in this ballot.
No, E do not approve of the proposed annual assessment of$ 14.94 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 991 450