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Home My WebLink AboutMINUTES - 08052003 - C.33 ERVI S TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR. DATE: August 5, 2003 SUBJECT: ADOPT Resolution No. 2003/491 accepting the Engineer's Report for County Service Area L- 100, MS 020022, and fixing a hearing for September 23, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Alamo area. (District 111) (WO 5001, ORG. 7394 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT Resolution No. 2003/ 491 accepting the attached Engineer's Report for a lighting assessment on the parcels in MS 020022 to be annexed into County Service Area(CSA) L-100. 2. FIX a Public Hearing for September 23, 2003 at 9:30 a.m. in Room 107 of the Beard 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 Mitten notice and ballot to each parcel owner within the development in compliance With Proposition 218, RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE „&APPROVE OTHER SIGNATURE S ACTION OF B A ON AUGUST 05, 2003APPROVED AS RECOMMENDED XX OTHER 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: AUGUST 05, 2005 ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator G:\C'irpData\SpDist\Board Orders\2003\08-05-43 BO-MS020022.doe B Orifi.Div:Public Works(Special Districts) Y DeputyContact: Skip Epperly(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Special Districts SUBJECT: ADOPT Resolution No. 2043/ 491.accepting the Engineer's Report for County Service Area L- 100, MS 020022, and fixing a hearing for September 23, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Alamo area. (District III) (WO 5001, OR.G. 7394) DATE: August 5, 2003 PAGE: 2 II. Fiscal Impact: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the CSA L-100. IIL 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. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for MS 020022, 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 August 5, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAU NIER :!TOES: NONE ABSENT: NODE ABSTAIN: NONE RESOLUTION NO. 2003/ 491 SUBJECT: ADOPT Resolution No. 2003!491accepting the Engineer's Report for County Service Area L-100, MS 020022, and fixing a hearing for September 23, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Alamo area. (District III) (WO 5001, ORG. 7394) The Beard of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing MS 020022 (the "Development") consisting of 1 parcel, more specifically described in Exhibit A. 2. On July 1, 2003 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area (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 0122.406 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 2003/2004 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 10122.602 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. I hereby certify that this is a true and correct copy of an G:SGrpData\.SpDist\Board Orderst26MOH-05-63 BO-MS020622.doc action taken and entered on the minutes of the Board of Orig.Div: Public Works(special Districts) Supervisors on the date shown. Contact: Skip Epperly(313-2253) cc: County Administrator Assessor Auditor-Controller )ATTESTED: AUGUST 05 2003 corrsnnnity Development JOIN SWEETEN, Clerk of the Board of Supervisors and County Counsel D.lvlorabe,sp.Dist. County Administrator By ,Deputy RESOLUTION NO.20031 491 SUBJECT: ADOPT Resolution No. 2003,1491 accepting the Engineer's Report for County Service Area L- 100, MS 020022, and fixing a hearing for September 23, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Alamo area. (District III) (WO 5001, ORG. 7394) DATE: August 5, 2003 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 8,2003. 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 September 23, 2003 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 Dearing 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. 2003/491 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** 187-130-010* Monticello Limited Partners 1485 Enea Court, Ste. 1490 Concord, CA 94520 * 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. **Please see Engineer's Report Addendum to determine the number of Factor Units for this parcel EXHIBIT B FINAL ENGINEER'S S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2003/2004 The undersigned, acting on behalf of Centra 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 X1111), Section 4, of the California Constitution, the County Service Area Lav {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. . BY Dated' J Heather Ballenger Assistant Public Works Director RCE No. 41746 COUNTY SERVICE AREA U-100 ENGINEER'S REPORT ADDENDUM MS 020022 Parol Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 03/04 1 187-130-010 Single Dwelling 1 $14.94 Unit/Residential Factor UnitsFund Tax Bill Basic Street Total Dollars Literal Lighting Charge 2401 CSA L-100 $14.94 $542,099.52** 36,285.11** Proposed CSA L-100 $1494 $14.94* 1.00* Annexation New CSA 1,-100 $14.94 $542,114.46 36,285.11 Totals Notes: * Factor Units at$14.94 each=$14.94 (1 AO Factor units X$14.94) ** Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2003/2004 Tax Roll and approved by the Board of Supervisors on July 8, 2003 ASSESSMENT DIAGRAM OF MS 020022 Contra Costa County County Service Area L-100 Street Lighting District (Place copy of snap here) CCCF( 187 150 01. 9 GRAPHIC SCALA N3�=��. � �� ;� ��, 'Zoo t00 0 so 100 � !`� ��(� �7�7 r �zfill N�� Mrd � t �1 �4f 3 072 7' I INCH= IOU'FT. +� 3's 46 �' � � ' 13 p� 30 Cl 0 003 r � zo 1t p 4g LSM �� 76 4 N �� a41 3 AM `3S 26 0� D¢ ,b� �00s 719 P4s o o P4 130 0 3;1,0006 3�0Jv 26 002 �b s " ray SON pM 730 02� �S t $�jN r 09 rOp� X p�1301 (? " ' ' J 07, Q� $ y1j lk' pyo 6 018 h ► PLANNERS 1390 sc1u1 sT T Subject __LAFCQ ANNEXA110N CIVIL ENGINEERS su'T 310C.FIEEK, ca 24596 Job No. 201037 SCALE 1"=100 "—N --- SURVEYORS (925) 476-2300 AMQUO 1 FAX (925) 476-2350 By _ tiQA Date ®66-15 2007 C11kd.—M--- SHEET OF DRAWNG: Y.- X201037\PL0TPLAN\LAFC0ANNEXDwG DATE: 06-187705 XREF. MST"RSIT£ EXHIBIT C BALLOT NOTICE Why did you receive this Fallot? 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. Mow.Much is the Assessment? This parcel is assessed a Factor of 1, derived from the Land Use Code, based on base rate of$14.94 per Factor Unit. The total amountt levied by the assessment, with regards to this development is approximately $14.94 per year(I factor units X $14.94) 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. Flow 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 21, 2003 or you may hand carry your ballot to the Public Hearing on September 23, 2003. 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 September 23, 2003 at 9:30 a.m. in the Board of Supervisors Chambers, County Administration Building, 051 fine 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. On July 8, 2003, as an attachment to Resolution 03/432,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 .2003/2004". 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 multiplied by the number of Factor Units for that parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed.$14.94 per Factor Unit in Fiscal Year 2004/05. '_'VMethodolozy for Calculating Street Lightinji 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.: 187-130-0 10 Annexation Of. MS 020022 Record Omer: Monticello Limited Partners 1485 Enea Court, Ste. 1490 Concord, CA 94520 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 r , LEGAL PUBLICATION R.EQUISTION i Contra Costa County From: Clerk of the Board To: Centra Costa Times 651 Pine St.,,Room. 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA'94596 Requested by: EMY L. SHARP Date: AUGUST 05, 2003 Phone No: 925-335--1903 Reference No: Org: 7038 Sub Object: 2190 Task: SAS Activity: 6X5196 Publication Late (S): AUGUST 08, 2003; AUGUST 13, 2003; AND AUGUST 18, 2003 No. of Pages: (2) LEGAL, PUBLICATION- NOTICE OF INTENTION TO PURCHASE REAL PROPERTY FROM DALE C. ADAMS, MARLENE M. DELONG AND JUDITH L. HAVE. ""Immediately upon expiration of publication,**** send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County declares its intention to purchase from Dale C. Adams, Marlene M. Delong and Judith L- Haye, at a price of$900,000.00, approximately 70,567 square feet of land located on Railroad Avenue, Pittsburg, California and more particularly described in Resolution No. 2003/ 490of the Board and will meet at 9:30 a,m. on September 9, 2003 in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, to consummate the purchase. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Beard of Supervisors on the date shown. ATTESTED: AUGUST 05, 2003 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By Ili' L. SHARP Deputy Publication Dates: AUGUST 08, 2003 AUGUST 13 2003 AUGUST 18, 2003 G'.%GrpDatalRealPropX2003•FiteeBOs&RESISR2a Fie Station 84.doc