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HomeMy WebLinkAboutMINUTES - 09112001 - SD.2 1 • THE BOARD OF SUPERVISORS OF CONTRA COSTA COKTY, CALIFORNIA Adopted this Resolution on September 11, 2001, by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: ptpNF RESOLUTION NO. 2001/414 SUBJECT: APPROVE Resolution No. 2001/414 for tabulation of Mail-In Ballots, confirmation of .Diagram and Assessment, and levy of street light charges for LP002028�County Service Area L-100, Alamo area. The Board of Supervisors of Contra Costa County RESOLVES: 1. On July 17, 2001, the Board of Supervisors adopted Resolution No. 01/324 directing the filing of the engineer's report for street light charges for County Service Area L-100. As directed by the Board, the Engineer Ex Officio has filed the engineer's report. 2. On July 17, 2001, the Board adopted Resolution No. 01/324 declaring the Board's intention to levy and collect street light charges to operate and maintain facilities and services within CSA L-100 for fiscal year 2002-03 and setting a public hearing for September 11, 2001. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 01/324 directed the Engineer Ex Officio (Public Works Director) to cause to be mailed to property owners within LP002028 the notices and ballots required by Section 4 of Article XIII D of the California Constitution (Proposition 218). 4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be tabulated. NOW, THEREFORE, the Board FINDS, DETERMINES and ORDERS that: 5. A public hearing was held before this Board on September 11, 2001 at 9:00 a.m. At the hearing, the Engineer Ex Officio presented to the Board all ballots received from property owners within LP002028 a proposed tabulation of those ballots. The Board heard and considered all protests against the proposed assessments and tabulated the returned ballots according to the proportional financial obligation of the affected properties. The Board also afforded to every interested person an opportunity to make a protest to the engineer's report, either in writing or orally, and the Board considered each protest. 6. A majority protest, as defined in section 4(e) of Article XIII D, does not exist. 7. The Board hereby confirms the diagram and assessment as set forth in the report of the Engineer Ex Officio and hereby authorizes the levy of the street light charges set forth therein in LP002028 for fiscal year 2002/03 to be collected on the tax rolls. I hereby certify that this is a true and correct copy of an action taken and SE:sd entered on the minutes of the Board of Supervisors on the date shown. G\GrpDa1a\SpDist\Board Ordersi2001\09 SeptembcABO 9-11-01 LP002028.doc Orig.Dept.: Public Works Department(Special Districts) ATTESTED: September 11, 2001 Contact: Skip Bpperly,3 13 2253 JOHN SW TEN,Clerk of the Board of Supervisors and County cc: Assessor Auditor-Controller Administ r n Courcy Administrator L/ - County Counsel By P.W.Accounting J.Rushton,Sp.Dist. RESOLUTION NO.2001/414 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT DATE: September 11, 2001 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of LP002028 into CSA L-100 (APN # 196-070-004) I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California, having canvassed the return of all votes cast in the proposed annexation of LP002028 into County Service Area L-100 Lighting District held between July 17, 2001 and September 11, 2001, do hereby certify the following to be a full, true and correct Statement of Results of all votes cast on the following measure: County Service Area L-100 Lighting District Annexation and Annual Assessment for LP002028 Yes 1 No I. further certify that the total number of ballots cast in the proposed annexation of LP002028 into County Service Area L-100 Lighting District at said election was one and attached hereto are the total ballots received for and against annexation and assessment. Dated the 11th day of September, 2001 :sd G:\GipData\Spl)ist\Board Orders\200 1\09 September\BO 9-1 1-01 LP002028.doc cc: 11.Ballenger,Engineering Services M.Morton,Engineering Services S. Epperly,Special Districts J.Rushton,Special Districts _0 County Service Area L-100 Lighting District Axation Ballot Assessor's Parcel Nos.: 196-070-004 Annexation Of: LP002028 Record Owner: 4;51tarks d Sutton Bennett Road Alamo, CA 94507 Cis approve of the proposed annual assessment of$14.94 on each of the parcels identified ballot. No,I do not approve of the proposed annual assessment of$14.94 on each of these parcels. r- i ature o ecord Owner or Authorized Representative of the above identified parcels. Date TO: .BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: July 17, 2001 SUBJECT: ADOPT the 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, LP002028, Alamo area. (WO 5001, ORG. 7394) SPECIFIC REQUEST(S)OR RECONINIENDATION(S)&BACKGROUND AND 1USl-IFICATION .1. Recommended Action: I. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in LP002028 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for September 11,2001 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. Continued on Attachment: X SIGNATURE: / _ RECOMM I I 1 _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JULY 17, 2001 APPROVED AS RECOMMENDED__&X OTIIER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of VOTE OF SUPERVISORS Supervisors on the date shown. XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ATTESTED: JULY 17, 2001 ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator SE JR:MF:sd G:\GrpDat.i\SpDist\Boatd Orders\2001\07 July\LP002028 1,100 Package 7-17-Ol.doc Orifi.Div: Public Works(Special Districts) By , Contact: Skip Eppe,I'(313-2253) cc: County Administrator Deputy Assessor Auditor-Controller Comununity Development County Counsel SUBJECT: ADOPT the Resolu`16n accepting the Engineer's Report and0a Hearing to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, LP002028, Alamo area. (WO 5001, ORG. 7394) DATE: July 17, 2001 PAGE,: 2 11. Financial impact: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the Countywide Street Light District, CSA .L-100. 111, 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 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 new assessments under Proposition 218. 1V. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for LP002028, and an alternative means to finance public right of way street lighting would have to be found. THE BOARD OF SUPE:RVISO.R*F CONTRA COSTA COUNTY, CA.L RNIA Adopted this Resolution on July 17, 2001,by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2001/ 324 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 LIGHTING DISTRICT The Board of Supervisors of Contra Costa County FINDS "THAT: 1. Tile County is currently processing LP002028 (the "Development") consisting of I parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 1 parcels. 2. On February 23,2001 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 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 Light Service Charge for Fiscal Year 2001/2002(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 10,2001. 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. I hereby certify that this is a true and correct copy of an action taken and entered on S1:Jlt:sd the minutes of the Board of Supervisors on the date shown. G:\GrpData\SpDisi\Board Orders\2001\07 JuW.LP00'028 1-100 Package 7-17-OLdoc Di Orig. y: Public Works(Special Districts) ATTESTED: JULY 17, 2001 Contact: Skip Eppclny(313-2253 31 JOHN SWEETEN,Clerk of c Board of Supervisors and County Administrator cc: Counn�Adntimstratur Assessor Auditor-Controller By ,Deputy Community De%elopnxnt County Counsel RESOLUTION NO.2001/324 SUBJECT: RESOLUTION ACTING THE ENGINEER'S REPORT AXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING DISTRICT DATE: JULY 17, 2001 PAGE: 2 Now, Therefore"rhe Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. Tile board will conduct a public hearing(the"Hearing")on September 11,2001 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 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 protest 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 Report for the Assessment;confirms the Final Report;and levies the Assessment for the Fiscal year referred to in the Engineer's Report. RESOLUTION NO.2001/ :324. • EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address 1 196-070-004 Tom and Sutton Bennett 175 Marks Road Alamo, CA 94507 **** 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. 1_0 Street Lighting Factors/Parcel. RGSOLU'rION NO.2001/324 EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 :FISCAL YEAR 2001/2002 The undersigned, acting on behal f 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 XIIID,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 that she is a professional engineer,registered in the State of California. Dated: 01 By: Heatf QW Ballenger Assistant Public Works Director RCE No. 41746 RESOLUTION NO.2001/ 324 IPOUNTY SERVICE AREA L-10 ENGINEER'S REPORT ADDENDUM MS000001. Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 01/02 1 196-070-004 SINGLE 1.0 $14.94 FAMILY Fund Tax Bill Basic Street Total Dollars Factor Units Literal .Lighting Charge 2401 CSA L-100 $14.94 $534,153.86 35750.50 Proposed CSA L-100 $14.94 $14.94 1.00 Annexation New CSA L-100 $14.94 $534,168.80 35751.50 Totals Notes: 1) 1.0 Street Lighting Factor Units at $14.94 each = $14.98. 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2001/2002 Tax Roll and approved by the.Board of Supervisors on July 10, 2001. RESOLUTION NO.2001/ 324 ISSESSMENT DIAGRAM OP LP002028 Contra Costa County County Service Area L-100 Street Lighting District (Place copy of map here) RESOLUTION NO.2001/ 324 I � rn bks > ;.: ... Rod Z P. ij- D C) ;t. ` o TOPOGRAPHIC SURVEY - i BENNM Pr M i-t r -O MARKS N! C, c •.�: •.•�C✓ On July 10, 2001, as an attachrrnenfoResolution 01/ 324 ,the Board of SupL�rvisors adopted the"Final Engineer's .Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 2001/2002". 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 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 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 2002/03. Methodolo2y for Calculating Street Liphtin2 Assessments The"benefit received"is based on a sliding scale of l basic unit charge fora 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) unforeseen 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.2001/ 324 EXHIBIT C BALLOT NOTICE Why did}vou 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 2.18 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$14.94 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 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 August 27,2001 or you may hand carry your ballot to the Public Hearing on September 11,2001. Ballots received after the close of the Public Hearing cannot 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 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, September 11, 2001 at 9:00 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine 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 take action- on whether or not to levy the assessments based upon the testimony and ballots received. RESOLUTION NO.2001! 324 • EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 196-070-004 Annexation Of: LP002028 Record Owner: Tom and Sutton Bennett 175 Marks Road Alamo, CA 94507 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. 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ICDO cn ch i. , m v.r vV/ vs aUa% a7.V1 a'�u� O V1Y LYVY VVV 1 ULLaV ..Vlu1.J ELEAIO CONFIRMAlaON OR#* Hearing Date: September 11, 2001 Q 9:00 am. Name of Person Phoning to Request Hearing:Berri DaHMAM Phone No.: 313-2170 Hearing bate Confirmed With: of Clerk of the Board Staff on: Agenda Language(how it swill read on the calendar): Bearing on annual street lighting charges for Uqg2LU(Alamo area);Tabulate rmailed-in ballots;determine whether a majority protest exists,; and consider adoption of a resolution determining charges, and eonfim-dng final report, approving annexation and levying charges on the tax roll. 2. Anticipated length of the hearing: 5 minutes or less X or more 3. Is it controversial? 'Yes` NO X 4. Noticing Requirements: _ NIA Code Section: N/A 5. Publication Requirements: #of times N/A #of days before hearing NIA 6. Who is to Publish the Notice? CDB , NIA PWD N/A It is the responsibility of the department to provide the appropriate notice- Sonic notices art adopted by Board Resolution; the publication cannat be ordered until the Resolution is adapted by the Roatd of Supervises. 6. If posting of notice is required,who will post? N1A 7. If mailing the notice is required,who will provide the clerk with the correct mailing list and labels? -AIA 7. When will this"fix bearing item"be listed on the Board agenda as a consent item? Ju1v 17L2001. G.%GrpY1"W;kBistW=rd Omer UMfW7futylUW2028 L100 Packup 7.17-01.doc V / VJ/ V1 1Vli L`�.VV 1'Lla OLV V1V LVJJ VVV 1'V11L1�+ 1V1�f1J YY7 l/UD �VUL Miarkt K Sum ContraPa6flc wacira blrector Costa Public Works Department PWois EL" i,P 255 Glacier Drive DWAY Dimckw County M RkM CA 94553-4897 (925)313-2000 Dwu Avalon eputy Dlsector JuUc BMCM DqM*D'urctor FAX TRANSMITTAL (925)313-2333 DATE: -7 ( O 1 TIME: '•Sd DELIVER TO: - IRM: FAX NO.: FROM: , MONE: NUMBER OF SHEETS: (Including Cover) If you have any problems with this transmittal,please call til. ;�4� MESSAGE: a. �o i I )Original to follow