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HomeMy WebLinkAboutMINUTES - 09262006 - C.16 (2) TO: BOARD OF SUPEIRISORS "'_=_0 Con a FROM: MAURICE .M. SH1U, PUBLIC WORKS DIRECTOR = Costa nx DATE: August 8' 2006 ~` c�- F�r•. Count f� 't� Y r� SUBJECT: ADOPT Resolution No. 2006/ accepting the Final Engineer's Report for County Service Area L-100, Subdivision'(SD) 8824; declaring the intent to levy and collect assessments and fixing a public hearing for September 26, 2006 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (District III) Project No. 7394-6X5001 SPECIFICREQUEST(5)OR RE-C:OMMENDA-1ION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: ADOPT Resolution No. 2006/ accepting the attached Final Engineer's Report for a lighting assessment on the parcels in Subdivision (SD) 8824 to be annexed into County Service Area (CSA) L-100. FIX a Public Hearing for September 26, 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, 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: _ tECammENDATION OF-COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA/YID ON O� p�'PROVED AS RF.,C0111111ENDED_OTHER1 VO.1-,OF SUPERVISORS VV UNANIMOUS(ABSENT ) AYES: NOES: ABSENT- ABSTAIN: 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of AA:si Supervisors on the date shown. G:\SpDist\Board Orders\2006-Board Orders\08-08-06 BO SD 8824(Fixing).doc Orin.Div:Public Works(Special Districts) Contact: Patricia Edwards(31 7-2286) cc: County Administrator ATTESTED: Assessor JOI IN CUI. EN,C of the Board of Supervisors and Auditor-Controller County Administrator Conurnmity I)evelopment County Counsel By -- - Deputy SUBJECT: ADOPT Resolution No. 2006/ accepting the Final Engineerteport for County Service Area L-100, Subdivision (SD) 8824; declaring the intent to levy and collect assessments and fixing a public hearing for September 26, 2006 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (District 1II) Project No. 7394-6X5001 DATE: August 8, 2006 PAGE: 2 Fiscal Impact: There is no impact to the County General 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 by a majority of the property owners voting on the proposed assessment. Tile Board Order and Resolution complies with the requirements for new assessients under Proposition 218. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 8824 and an alternative means to .finance public right-of-way street lighting would have to be found. THE BOARD OF SUP RVISORS OF CONTRA COSTA C*TY CALIFORNIA Adopted this Resolution on August 8, 2006 by the following vote: AYES: SUPERVISORS IJILK'ENIA, PIEP110, DeSAULNIE:R. :kND GIOIA NOES: NONE Ai3SENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2006/ rd'''Z SUBJECT: ADOPT Resolution No. 2006/ accepting the Final Engineer's Report for County Service Arca L-100, Subdivision (SD) 8824; declaring the intent to levy and collect assessments and fixing a public hearing foi September 26, 2006 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. .(District 111) Project No. 7394-6X5001 The Board of Supervisors of Contra Costa County Ff.NDS THAT: 1. The County is currently processing Subdivision (SD) 8824 (the "Development") consisting of three (3) parcels, more specifically described in Exhibit.A. 2. On March 10, 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-1.00. 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. 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 X111D of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcel(s) 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 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. AA:sj G:,Spuismoard orders\2006-Board orders\08-08-06 130 SD 8824(fixing).doc I hereby certify that this is a true and correct copy of an action Orig.Div: PLIhliC Works(Special Districts) taken and entered on the minutes of the Board of Supervisors on Contact: Patricia Edwards (313-2286) the date shown. cc: County Administrator Assessor n - — Auditor-Controller ATTESTED: Community Development coruuv counsel JOI IN CULLEPICIM, of the Board of Supervisors and County Administrator By ,, Deputy RESOLUTION NO. 2006/ �lp,� �Q2 SUBJECT: ADOPT ResolutionN . 2006 accepting the Final En ineer*e ort for Count Service Area L-100, Subdivision (SD) 8824; declaring the intent to levy and collect assessments and fixing a public hearing for September 26, 2006 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (District 1.11) Project No. 7394-6X5001 DATE: August 8, 2006 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program Oil .July 25, 2006. 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 parcel(s) 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 26, 2006 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 Department of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director, or designee 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. At the Hearing, the Board shall.consider any objections or protests to the Assessment. Immediately after the Hearing, the Public Works Department shall tabulate the ballots 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. RF_SOLI.IT1ON NO. ?()06/ �'� EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA STREET LIGHTING DISTRICT Property Owner's List Parcels Assessor's Parcel Number Owner's Name/Address 3 138-120-001 Timothy Jochner 138-120-002 3740 Shadowbrook Court 138-]20-003 Walnut Creek, CA 94598 * The new Assessor's Parcel Numbers are not available at this time. New Assessor's 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 these parcels. 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 XI11D, 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. 6 Dated: ZS By: l/ _ Eric Whan Senior Civil Engineer RCE No. 47972 Q�pEESSlONq B. Wy xA, a) Civil. 9jFOF CAtitG�` COUNTY SERVICE AREA L-10t ENGINEER'S REPORT ADDENDUM SD 8824 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 06/07 3 138-120-001 Residential 3 $44.82 138-120-002 138-120-003 Fund Tax Bill Basic Street Total Dollars Factor UnitsLiteral Lhting Charge — 2401 CSA L-100 $14.94 $566,672.06** 37,926.50** Proposed CSA L-100 3 $44.82* 3* Annexation New CSA L-100 $44.82 $566,716.88 37,929.50 "Totals Notes: * Factor Units at$14.94 each (3 Factor Units x $14.94= $44.82) ** 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. ASSESSMENT DIAGRAM OF SD 8824 Contra Costa County County Service Area L-100 Street Lighting District w 1 r t � a o p 00 � 1 N O 121 Q m � Z Q v ,,t`�•� 'i'� 41 1 got r � m © ' r I r EXHIBIT C BALLOT NOTICE FVhy did yoir 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-1001 Lighting District and for an annual assessment to be imposed oil every parcel ill your development to pay for the cost of maintaining the street lighting within tine public right of way. The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. Hoiv Much is the Assessment? i 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. The total amount levied by the assessment, with regards to this development is approximately $44.82 per year(3 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 catunot be increased without another election. IVhat 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. 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 29, 2006 or you may hand carry your ballot to the Public Hearing on September 26, 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 the propertyowner(s) of the parcel identified herein, which is located within tine CSA L-100 Lighting 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. 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 theproperty 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 64zero" vote. Picblic Hearing The hearing will be. held on September 26, 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'testi.mony and take action on whether or not to levy the assessments based upon the testimony and ballots received. On July 25, 2006, as an attachment 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 $1.4.94 multiplied by the number of Factor Units for that parcel(s). Assessment on .Each Parcel Each parcel described by Exhibit A shall be assessed $14.94 per Factor Unit in Fiscal Year 2006/2007. . 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 large apartment complex. The service charge for each CSA 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 min the CSA L-100 Lighting District. o EXHIBIT D County Service,Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 138-120-001 138-120-002 138-120-003 Annexation Of: SD 8824 Record Owner: Timothy Jochner 3740 Shadowbrook Court Walnut Creek, CA 94598 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. Signature of Record Owner or Authorized Representative of the above identified parcels. Date HEARING CONFIRMATION FORM Hearing Date: September 26, 2006 at 9:30 a.m. Name of Person Phoning to Request Hearing: Samantha Johnson Phone No.: 31.3-2170 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Cleric of the Board Staff on: Agenda Language (how it will read on the calendar): ADOPT Resolution No. 2006/ accepting the Final Engineer's Report for County Service Area L- 100, Subdivision (SD 8824); declaring the intent to levy and colleel.assessments and fixing a public hearing for September 26, 2006 to adopt the proposed annual assessments and complete public noticing, Walnut Creek area. (District III) Project No. 7394-6X5001 (Eileen Doten, Public Works Department) Anticipated length of the hearing: 5 minutes or less X or more Is it controversial? Yes No X Noticing Requirements: N/A Code Section: Publication Requirements: # of times N/A 4 of clays before hearing N/A . Wlro is to Publish the Notice? COB N/A PWD N/A It is the responsibility of the department to provide the appropriate notice. Sonne notices are adopted by Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. If posting of notice is required, who will post? N/A If mailing the notice is required, who will provide the clerk with the correct mailing list and: labels? N/A When will this "fix hearing item"be listed on the Board agenda as a consent item? August 8, 2006 ^nn G:\SpDist\13oard Orders\2006-Board Orders\08-08-06 BO SD 8824(Pixing).doe tUL L\ll b cc: .I.Waters,Administration V