HomeMy WebLinkAboutMINUTES - 09122006 - C.2 (3) TO: BOARD OF SUPERVISORS �?== = =° Contra
FROM: MAURICE M. S141U, PUBLIC WORKS DIRECTOR Costa C.
DATE: July 25, 2006 o County
SUBJECT: ADOPT Resolution No. 2006/ ..:accepting the Final Engineer's Report for County Service Area
L-100, Minor Subdivision (MS) 03-0011, Fiscal Year 2006/2007; declaring the intent to levy and
collect assessments and fixing a public hearing for September 12, 2006 to adopt the proposed
anmlal'assessmenis and complete,public noticing, Walnut Creek area. (District III) Project No.
7394-6X5001
SPECIFIC:REQuEST(S)OR RECOMMENDATION(S)&13ACKGROUND AND JUS'l IFICATION
Recommended Action:
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ADOPT Resolution No. 2006/ accepting the attached.Final Engineer's Report for a lighting assessment on the
parcels in Minor Subdivision (MS) 03-0011 to be annexed into County Service Area(CSA) L-100.
FIX a Public Hearing for September 12, 2006 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.
DIRECT the Public Works Director, or designee mail, by first.class mail, a written Plice and ballot to each
parcel owner within the development in compliance with Proposition 21 .
Continued on Attachment: X SIGNATURE: s
. ! . 7zi�:4
,mit)!COMMENDATION OF COUNTY ADM INIS TOR_
_RECOMMENDATION OF BOARD COMMITTEE
t-APPROVE OTHER
SIGNATURE
ACTION OF B `A U O �j
� agAWOPROVED AS RECOMMENDED OTHER
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VOTt OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
I herebycertify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
AA:sJ Supervisors on the date shown.
G:\SpDistA3oard Orders\2006-Board Orders\07;25-06 BO MS 03-0011 (Fixing).doc
Orig.Dir:Public Works(Special Districts)
Contact: Pauicia Edwards(313-2236) AT'I ES I ED:
cc: County Administrator i
Assessor JOHN CULLEN,Oferk Vie Board of Supervisors and
Auditor-Controller County Administrator
Community Development
County Counsel
By
Deputy
SUBJECT: ADOPT Resolution No. 2006/ accepting the Final Engineer's Report for County Service Area
L-100, Minor Subdivision (MS) 03-0011, Fiscal. Year 2006/2007; declaring the intent to levy and
collect assessments and fixing a public hearing for September 12, 2006 to adopt the proposed
annual assessments and complete public noticing, Walnut Creek. area. (.District III) Project No.
7394-6X5001
DATE..: July 25, 2006
PAGE: 2
Fiscal Impact:
There is no impact to the CountylGeneral Fund. All costs will be covered with revenue from CSA L-100.
Reasons for Recommendations and Background:
The developer is required by Condition of Approval to annex to the County's street light program, CSA L-100,
for continued maintenance and operation of streetlights. Proposition 218 provides that any new assessment may
not be approved if it is opposed iby 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.
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Consequences of Negative Action:
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This project will not be in compliance with the Conditions of Approval for Minor Subdivision (MS) 03-0011
and an alternative means to finance public right of way street lighting would have to be.found.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Resolution on July 25, 2006 by the following vote:
AYES: Hikenur, Piepho. DeSai'ilnier•, Glover and Gioia .
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ 7006
SUBJECT: ADOPT Resolution No. 2006/ accepting the Final Engineer's Report for County Service Area
L-100, Minor Subdivision (MS) 03-001.1, Fiscal Year 2006/2007; declaring the intent to levy and
collect assessments and fixing a public hearing for September 12, 2006 to adopt the proposed
annual assessments and complete public.noticing, Walnut Creek area. (District 111) Project No.
7394-6X5001
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The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Minor Subdivision (MS) 03-0011 (the "Development") consisting of
one (1) parcel, more specifically described in Exhibit A.
2. On February 13, 2006 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 parcel(s) 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 Section 1012-2.406 of the Contra
Costa County Code. j
4. In order to fund the Extended Service that will be provided to the parcel(s) 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 X1ILD of the California Constitution because it is conferred to provide
the special benefit, defined above, on the pareel(s) within the development.
5. A copy of the Addendumi to the Final Engineer's Report to the Board of Supervisors for establishing a
streetlight service chargei for Fiscal Year 2006/2007 (the "Engineer's Report") is attached as Exhibit B.
The Engineer's Report meets the requirements of a tentative report under Section 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.
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G:k.SpDis[1Board Orders-7006-Board Ordcm.07-25-06 130 NiS 03-0011(Pixing).doc I hereby certify that this is a true and correct copy of an action
Orig.Div: Public Works(Special Districts) j taken and entered oil the minutes of the. Board of Supervisors on
Contact: Patricia Edwards (313-2286)
the date shown.
cc: County Administrator _
Assessor
Auditor-Controller ATTESTED:
Cunnnuiiity Development
a,umy Counsel JOIN CULLS ,;Cle of the Board of Supervisors and County
Administrator
By Deputy
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RESOLUTION NO. 2006/ ' �
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vice AreaSUBJECT• ADOPT Resolution No2006/ accepting the Final Engineer's Report for County Ser
L-100, Minor Subdivision (MS) 03-0011, Fiscal Year 2006/2007; declaring the intent to levy and
collect assessments and fixing a public hearing for September 12, 2006 to adopt the proposed
annual assessments and complete public noticing, Walnut Creek area. . (District III) Project No.
7394-6X5001
DATE: July 25, 2006
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light .Program on July 25, 2006.
Based oil its review of the Engineer's Report, the Board finds that:
(a) The Extended Seivice financed by the Assessment will directly benefit the parcel(s) within the
development.
(b) The cost of the Assessinent on each parcel within the Development is proportional to the benefits
that file 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 12, 2006 at 9:30 a.m. ill 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 Department of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director, or designee to
mail the written notice o.f 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. At the Hearing, the Board shall consider any objections or protests to the Assessment. >lnmediately after
the Hearing the Public Works Department shall tabulate the ballots and certify the tabulation of the
ballots. The Board shall lnot impose the Assessment if there is a majority protest. A majority protest
exists if, upon coliclusioli 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 theI 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.
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RE,SOI_1.1 TION NO. 20001
EXHIBIT A
CON'T'RA COSTA COUNTY
COU&TY SERVICE AREA L-100 STREET LIGHTING DISTRICT .
Property Owner's List
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Parcels Assessor's Parcel Number ..Owner's Name/Address
Michael J. Affinito
1 182-140-052 PO Box 784
Danville, CA 94526
* The new Assessor's Parcel Numbers are not available at this time. New Assessor's parcel.
numbers will be sent to tl{e Contra Costa County Public Works Department, as they are available.
"Please see Engineer's;Report Addendum to determine the number of Factor Units for these
parcels.
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• EXHIBIT B •
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2006/2007
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, 25210.1 et. seq.) and
.Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that lie is a professional
engineer, registered in the State of California.
Dated: 7 2 B .
Brian Ba s
Assistant Public Works Director
RCE No. 52057
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COUNTY SERVICE ARE*-100
ENGINEER'S REPORT
ADDENDUM
Minor Subdivision 03-0011
Parcel Assessor+s Parcel Description Factor Unit Proposed
Number Assessment
FY 06/07
1 182-140-052 Residential 1 $14.94
Fund TaziBill Basic Street Total Dollars Factor Units
Literal _Lighting Cliare __
2401 CSA L-100 $14.94 $566,672.06 ** 37,926.50**
Proposed CSA L-100 1 $14.94* 1
Annexation
New CSA L-100 $14.94 $566,687.00 37,927.50
"totals
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Notes:
* Factor Units at $14.94 each (1 Factor Unit x $14.94 = $14.94)
** "Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 2006/2007
Tax Roll and approved by the Board of Supervisors on July 25, 2006
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ASSESSMENT DIAGRAM OF
Minor Subdivision 03-0011
Contra Costa County
County Service Area L-100 Street .Lighting District
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NOTE:THIS MPP WAS PREPARED FOR ASSESSMENT
PURPOSES ONLY.NO LIABILITY IS ASSUMED
FOR ITHE ACCURACY OF THE INFORMATION
DELINEATED HEREON.ASSESSOR'S PARCELS
MAY NOT COMPLY WITH LOCAL LOT SPLIT O
OR BUILDING SITE ORDINANCES. �
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EXHIBIT C
BALLOT NOTICE
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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 (CSA) L-1.00 Lighting District and for an annual assessment to be imposed on
every parcel iii your development to pay for the cost of maintaining the street lighting within the public right of
way.
Tile passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot.
How Mitch is the A ssessnienO
The parcel(s):are assessed a Factor of 1, derived from the Land Use Code, based on base rate of $14.94 per
Factor Unit. Tile total amount levied by the assessment, with regards to this development is approximately
$14.94 per year(1 Factor Unit 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 Assessnient Increase hil the Future?
The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another
election.
i<Vhat 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,
Martinez,CA, 94553-4897.
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or
opposition is counted.
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Mail your ballot in the self addressed postage paid envelope or deliver it in person to the Contra Costa County
Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to August 22, 2006 or you may hand
carry your ballot to the Public Hearing on September 12, 2006. 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 fhe property owner(s) of the parcel identified herein, which is located within the
CSA L-100 L ighting District. The ballot may be used to express either support for or opposition to the proposed
CSA 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. Tliose 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 I 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
Tile hearing will be held on September 12, 2006 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 take action on whether or not to levy the assessments based upon the testimony and
ballots received.
On July 25, 2006, as an attaclupent to Resolution No. 2006/ , the Board of Supervisors adopted the "Final
Engineer's Report establishing a Street Lighting Service Charge for Fiscal Year 2006/2007". That report
recommends 'levying of a street lighting charge as provided in the CSA 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 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 parce](s).
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 per Factor Unit in Fiscal Year 2006/2007.
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Methodology for Calculating Street Lighting 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 CSA is based upon
several factors such as (]) cost required to pay the Pacific Gas & Electric Cornpany's current monthly electrical
bill; (2) the dumber 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 CSA L-100 Lighting District.
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EXHIBIT D
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County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 182-140-052
Annexation Of: Minor Subdivision 03-0011
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Record Owner: Michael J. Affinito
PO Box 784
Danville, CA 94526
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Yes, I approve of the proposed annual assessment of$14.94 on each of the
parcel(s) identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on each
of the parcel(s) identified in this ballot.
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I' Signature of Record Owner or,Authorized
Representative of the above identified parcels.
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Date
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