HomeMy WebLinkAboutMINUTES - 09141999 - C6 TO: BOARD OFSUPEW,11SORS
FROM: J. MICHAELWALIFFORD,PUBLIC WORKS DIRECI-OR
DATE: SEPTEMBER 14, 1999
SUBJECT: ADOPT THE RESOLUTIO N-, -' ACCEPTLN-G THE E-N,'GINEER'S RE,PORT AND FIX A HEARI-\, -',G
TO CO-TIN'SIDER LEVYING ANT ASSESSIME-T\TT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COU-N-TY SERVICE AREA L-1 00, MINOR SUBDIV31SIONT 4-96, WALNUT
CREEK AREA
(WO 5001 ORG4 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action-
ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in Minor Subdivision 4-96 to be annexed into,County Service Area I.,-10 0.
2. FIX a Public Hearing for N.1 -ioveminer 2, 1999 at 10:00 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 Bisector to mail,by first class rp.ai'Is a written notice and ballot,to eac-'ri parcel
owner within the development in coni pliance.wifn Proposition 218.
Continued on Attachment.X SIGNATURE, L
N IT ADM
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)-
ACTION OF BOARD ON _Z-, -'L999 APPROVED
hereby oertify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Sjoervisors on
- - entered
s
RECOMMENDED X OTHER 71-h,e�ecdia ten s h o w n.
VOTE OF SUPERVISORS i
X - UNANIMOUS(ABSENT Mrk-,
AYES:- -NOES, ATTESTED.-- '�eptemmber -1 999
ABSENli-.—ABSfAIN.— PHiL BATC!-i91:0R, C€erk of, e Board of Superv';sors and County
\1PWS3�SIIARDATA\C-rpDala\S:)Dist\.Ioard 0rders\1999\09$epte.mber\ Administrat
NrS 4-96.doc
0.ig.Diw ?ublic Works(Spanie(Districts)
Contact: Skip Fpperly(3!3-2253)
CC! County Admir.istrater By 1#"? Deputy
Assessor
M-dhor-Controi3er
community
County
community
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONT SIDEP LEI �G AN, ASSESSMENT FOR ADDITIO AL
PARCELS TO BE ANNE .EIS
TO COOT TY SERVICE AREA L-100,MINOR SUBDIVISIONT 4-965, WADI.CREED AREA
DATE: SEPTEMBER 14, 1999
PAGE -2 -
11. ina ciglImpacts
There w ll be no financial irmpact to the County General Fund. All costs will be covered with revenue from
the S tywide Street Light District, CSA L-1fl0.
III. Reasons for Recommendations ARd Background:
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 €o tinged maintenance and operation of those fixtures,
Proposition 2 18 provides that any new assessment may not be approved if it is opposed by a majority of the
property owners voting or.the proposed assessment. The Board Order and Resolution complies with.the
requirements for new assessments under Proposition 218.
IVa ConseguencelAfNe ative Actio4:
This projectwill. not be in compliance with the Conditions of Approval for Minor Subdivision 4-96, and an
alternative means to fir ce public right of way street lighting would have to be(bund.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 14, 1999, by the following vote:
AYES: SUPERVISORS MIA, UI ,FEMA, GEERBER� DESAL7LNIER AND CANCIAMILLA
NOES: NONEE
ABSENT: N,0NNE
ABSTAIN: NONE
RESOLUTION NO. 99/ 451
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 LIGHT ING DISTRICT
The Board of Supervisors of Contra Costa County FINDS THAT-
1. 'The County is currently processing Minor Subdivision 4-96 (the "Developm ent") consisting of two
parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from
this development will be three parcels.
2. Or, 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-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
Mmisceilaneous 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 1999/00 '.he "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 the Engineer's Reportt, 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 AsFollows:
1. The beard 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 Pias 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 bearing (the "Ballot Notices') 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,
. Immediately before the nearing the Public Works Department shall tabulate the Ballots. At the
Hearing, the Board shall consider any objections or protests to the Assessment and certiffi the
tabulation of the Ballets. The Beard shall not impose the Assessment if there is a majority pretest. A
rrsa��rity pr�atest exists if, upon conclusion of the blearing, 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.
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 '€ *s Department, acting as the designated director, has concluded that theEngineer'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 decal year referred to in the Engineer's Report.
i hereby 0e.°?,fy that i s is a t%we and Correct copy of
an ' lion +aker, and en:e°sd on the rg;mutes of ho,
So d o Liupa vl Lib';VY.'the dietsblhio,,,,n,
,ATTESTED: S ee p 19
P th
f of ssa',,3"seni;S f.wane,Uoumt'idrm s razo—
y Deputy
RESOLUTION . 991 4-51
EXHIBIT
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel Assessoes Paroel.dumber Owne,g /Address
E �
@ orster= & B�g^€ne e
138-100-006 Jacobsen F.
777 Northgate Road
Walnut Creek, Ca 94596
f2 138-100-007 Torsten & Tineke
Jacobsen
777 Northte Road
Walnut Creek, Ca 94596
* The new Aa ess&s Parcel lumbers are not available at this time, New,assessors parcel numbers
will be sent to the Contra Costa County Public Works Department s they are available.
1.0 Street Fighting Factors/Parcel.
RESOLUTION NO. 991 451
EXHIBIT
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1999-00
The mdersi ned, acting or:behalf of Centra Costa County, respectfully submits the enclosed Engineer's Report
as directed by the Centra Costa County Board of Supervisors,pursuant to the Drovisions of article X111D,
Section 4,of the California Constitution,the County Service Area Law(Gov. Code, 25210.1 et seq.) amd
Division 10 12 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional.
engineer,registered in the State of Cal fornia.
Dated: y, B fY
y .' e ' er Balieriger'
Assistant Public Works Director
RCE Noe 41746
RESOLUTION NO. 99/ 451
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
WIS 4-9
Pare As ea orl Parcel f Description Factor Ed it ���
t 6 Assessment' i
t "99/003
136-100-006,007 Single Family 1�0 14.94
2 "36-100-0065007 Single Family 1.0 $14.94
,� "136��006006,007 � l�gl� Family I � 0 � X4,94
Total Dolts ; Fact r
Ctrl Lighting Charge
240
CSA L-1 00 $ 14.94 $625,696.56 41877.50
LArnexat
.sT
CSA L-100 $ 14.94 $44,62 ° 100
P �
� CSA L-1 00 1 4.94 New 625,74 .33 4'1,660.50
€of is I?
Notes.
1) _3 0® Street Lighting Factor Units at $14.94 each 44.62.
26 Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1999100 Tax Roll and
approved 5y the Board of Supervisors on July 13, 1999.
RESOLUTION NO. 991 451
A "SESSIVENT DIAGRAM OF
Minor Subdivision 4-96
Contra Costa Count
County Service Area L-100 Street Lighting District
r�
DIMENSIONS TN ME-TERS
C3}-
;A !f
q NORTH GAT ROA'
:i
N
� $ 3na 1 EDj
ml
r' <g
zi
THi
-2 'N07 '27`W !38.4961 3„
f
PLAT .MAP
Te e -
, XZar&Assoclates DATA
fF55 srt^ Main Stres_ Sufis 3,G to?nit ^"sak< mss. 94395
Y'ROJE�T G �j3G
SOLUTI N NO. 991 451
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 1999,100". That report recommends iavy€rig of a street lighting charge as provided in the
County Service Area Law, Government Code sections 2521OO , 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
i Exhibit A after they are annexed into County Service Area L-10 ("CSA L-1 ").
Toil Assessment/ C ar n CSA L-100
In the event that the proposed assessment is levied; the total amount chargeable to CSA L-1;00 wil€ b
$14.94 per parcel.
Assessment on Each Parcel
Each par% l described by Exhibit A shall be assessed 14.94 in Fiscal Year 1999/20€00.
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 ,€reit charges for a large apartment complex. The service charge for each County
Service Area is basad upon several factors such a (1) cost required to pay the Pacific Gas & Electric
Company's curfent. monthly electrical bili; (2) the number and types of parcels within each Service Area,
(3) a reserve fund fordr;pini trative 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 Jn the
County Service area (AI L-100 Lighting District.
RESOLUTION O6 9l 451
EXHIBIT C
BALLOT NOTICE
by did you receive this Ballot?
When your development was approved,there was a requirenient(condition of approval)to mmex the parcels)into the County
Ce
Service Area L--100 Lighting District and for an annual assessment to be imposed on every pare-el 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 horses,the assessment will be$14.94 per year, The total amount levied by the assessment,with regards
to this development is approximately$44.82 per year.
Why shouldyou Vote?
Your vote will decide if the assessment will be imDosed. Only returned ballots will be counted,
Will this Assessment Increase in the Future?
I he 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 letter. 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 iii-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 Hearing on November 2, 1999. Ballots received after the close of the Public Hearing can not be counted. Ballots are
weig"Itted 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-1€0 Lighting District within this development. fira 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 be<o r the identificat tion 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 mayliave 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 an
support w
p d 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, Count-y
Administration Building,651 Pine Street,Martinez,CA 945531. Results of the returned ballots will be announced after the
close ofthe 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. 991451
EXHIBIT Q
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nowa 138-10 6005, 007
Annexation Of, MS 4-95
Record Owners Torsten & Tine e Jacobsen
Address- 777 North to Road
Walnut Creek, CA 94583
Yes, i approve of the proposed annual assessment of$14.94 on each of the parce?s
identified in this ballot.
No, 1 do not approve of the proposed annum assessment of$14.94 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
SOLUTION NO. 991 451