HomeMy WebLinkAboutMINUTES - 09102002 - C38 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: September 10, 2002
SUBJECT: ADOPT Resolution No. 2002/ 539accepting the Engineer's Report and fixing a public hearing
for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be
annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District 1) Project
No. 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
I. ADOPT Resolution No. 2002/ 539accepting the attached Engineer's Report for a lighting
assessment on APN 408-190-044 to be annexed into County Service Area L-100.
2. FIXING a Public Hearing for November 5, 2002 at 9:30 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 the
parcel owner in compliance with Proposition 218.
Continued on Attachment:X SIGNATURE: 7 / 2:
.,t:fi r
ISTRATOIC
RECOMMENDATION OF BOARD COMMITTEE
"APPROVE ETHER
f
SIGNATURE (S):
ACTION OF BO ON Sept . 10, 2002LPPROVED AS RECOMMENDED xxOTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT None 1
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
JR:sr Supervisors on the date shown.
G:\GrpData\SpDist\Board Orders\2002\09 September\09-10-02 BO-APN 408-190-044.doc
Orig.Div:Public Works(Special Districts)
Contact: Skip Epperly(313-2253) ATTESTED: September I:0 2002
cc: County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and
Assessor County Administrator
Auditor-Controller
Community Development
County Counsel By
J.Rushton,Special Districts Deputy
SUBJECT: ADOPT Resolution No. 2002/ accepting the Engineer's Report and fixing a public hearing
for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be
annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District 1) Project
No. 7394-6X5001
DATE: September 10, 2002
PAGE: 2
II. 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.
III. Reasons for Recommendations and Background:
As part of a potential development proposal, the developer would be 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.
IV. Consequences of Negative Action:
This project will not be in compliance with the property owner's request for annexation of APN 408-
190-044, and an alternative means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 10, 2002, by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 2002/ 539
SUBJECT: ADOPT Resolution No. 2002/ 539 accepting the Engineer's Report and fixing a public hearing
for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be
annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District 1) Project
No. 7394-6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing APN 408-190-044 (the "Development") consisting of one (1)
parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created
from this development will be 1 parcel.
2. Can August 7, 2002 the applicant for APN 408-190-044 submitted a request to the Department of
Public Works for inclusion of APN 408-190-044 into County Service Area L-100 (CSA L-100).
The County intends to initiate proceedings to annex APN 408-190-044 into CSA L-100 pursuant
to that request.
3. Once APN 408-190-044 is annexed into CSA L-100, the parcel 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 parcel, it will be necessary to
levy a service charge (the "Assessment"). The service charge meets the requirements of an
"assessment" under Article XHID of the California Constitution because it is conferred to
provide the special benefit, defined above, on the parcel.
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 2002/2003 (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.
SE:JR:sr I hereby certify that this is a true and correct copy of an action taken and
G:\GrpDatSSpDist\Board Orders\2002109 September09-10-02 BO-APN 408-190-044.doe entered on the minutes of the Board of Supervisors on the date Shown.
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Adn inistrator ATTESTED: September 10s 2002
Assessor
Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County
Community Development Administrator
County Counsel _
J.Rushton,Sp.Dist. By- Deputy
RESOLUTION NO.20021 5 3 9
SUBJECT: ADOPT Resolution No. 2002/5 39 accepting the Engineer's Report and fixing a public hearing
for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be
annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District I) Project
No. 7394-6X5001
DATE: September 10, 2002
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July
9, 2002. 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 APN 408-190-044 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 5, 2002 at 9:30 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 . 2002/539
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
1 408-190-044 M. Central-LLC
385 Pittsburg Avenue
Richmond, CA 94801
*#** 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.
55.00 Street Lighting Factors/Parcel.
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-1.00
FISCAL YEAR 200212003
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 California Constitution, the County Service Area Law (Gov. Code, 25214.1 et seq.) and
Division 1412 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional
engineer,registered in the State of California.
* 1
Dated: By:
Bather Ballenger
Assistant Public Works Director
RCE No.4+ �
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COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
APN 408-190-044
Parcel Assessor's Parol Description Factor Unit Proposed
Number Assessment
FY 03/04
1 408. 190-044 INDUSTRIAL 5.0 $74.70
F
Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
F- CSA L-100 $14.94 $542,099.52 33321.00
GSA L-100 $14.94 $74.70 5.00
CSA L-100 $14.94 $542,174.22 33326.00
Totals
Notes:
1) 5.0 Street Lighting Factor Units at$14.94 each=$74.70
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2002/2003 Tax. Roll and
approved by the Board of Supervisors on July 9, 2002.
ASSESSMENT DIAGRAM OF
APN 408-190044
Contra Costa County
County Service Area L-100 Street Lighting District
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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 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.
Haw 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$74.70 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 October 21, 2002 or you may hand
carry your ballot to the Public Hearing on November 5, 2002. 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, is 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 November 5, 2002 at 9:30 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 tape action on whether or not to levy the assessments based upon the testimony and
ballots received.
On July 9, 2002, as an attachment to Resolution 02/425, 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
2002/2003". 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 Can 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 $74.70 in Fiscal Year 2003/04.
Methodoloey for Calculating Street Lip_h.0W Assessments
The "benefit received" is based on a sliding scale of 1 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) 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.
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 408-190-044
Annexation of. APN 408-190-044
Record Owner: M. Central-LLC
385 Pittsburg Avenue
Richmond, CA 94801
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