HomeMy WebLinkAboutMINUTES - 12161997 - SD3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/ 696
SUBJECT: Tabulation of Mail-in Ballots, Confirmation of Diagram and Assessment and Levy
of Stu eet Light Charges for LUP 2095-91, County Service Area L-100, Walnut
Creek area.
The Board of Supervisors of Contra Costa County RESOLVES'
1. On October 28, 1997, the Board of Supervisors adopted Resolution No. 97/578 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 of Work has filed the engineer's report.
2. On October 28, 1997, the Board adopted Resolution No. 97/578 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 1997-98 and setting a public hearing for
December 16, 1997. Notice of the hearing was given in the time and manner required by
law.
3. Resolution No. 97/578 directed the Engineer of work (Public Works Director) to cause to
be mailed to property owners within CSA L-100 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:
1. A public hearing was held before this Board on December 16, 1997 at 1:45 p.m. At the
hearing, the Engineer of Work presented to the Board all ballots received from property
owners within LUP 2095-91 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.
2. A majority protest, as defined in section 4(e) of Article XIII D, does not exist.
3. The Board hereby confirms the diagram and assessment as set forth in the report of the
Engineer of Work and hereby levies the street light charges set forth therein in LUP 2095-
91 for fiscal year 1997-98.
SE:cs thereby ceAly that this 119'i-true and correct copy of
g:1EngSrcl.SpDistWovemberLLUP2095.Res eq action taken and,entered'on the minutes of the
Orig.Dept.: Pubiic works Department(Special Districts) t3oard of Supervisors on the date shown.
Contact: Skip Epp�y.313.2253 ATTFSTEDI1PrAm1_)Ar 11; 1 A97
cc: Assessor
a,aitor-controller PHIL 6f+CCNELCA,CSork of Sha board
County Adndrostrator of Supervisors and County Administrator
County counsel
Accounting
LAFCo Deputy
RESOLUTION NO. 97/696
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: November 20, 1997
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of LUP 2095-91 into CSA
L-100 (APN# 138-180-003)
1, J. Michael Walford, 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 LUP 2095-91 into County
Service Area L-100 Lighting District held between October 28, 1997 and December 16, 1997 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
LUP 2095-91
i
YES 1 NO 0
I further certify that the total number of ballots cast in the proposed annexation of LUP 2095-91 into
County Service Area L-100 Lighting District at said election was one(1) and attached hereto are the
total ballots received for and against annexation and assessment.
Dated the 16th day of December, 1997
]MW:SEJR:cc
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 138-180-003
Annexation of: LUP 2095-91
Record Owner: Don& Carol Flaner
Address: 40 Summit Circle
Walnut Creek, California 94598
Yes, I approve of the proposed annual assessment of$14.94 on the parcel
identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on this
parcel.
Signature of Record O ne or Authorized
Representative of the above identified parcels.
Date
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 28, 1997
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, LUP 2095-91, WALNUT CREEK AREA
(PROJECT # 7394 6X5001)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)Bc BACKGROUND AND JUSTIFICATION
L Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in
LUP 2095-91 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for December 16, 1997 at 1:45 p.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:
_RECOMN[ENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMTTTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED_OTHER_
VOCE OF SUPERVISORS
,/ UNANIN40US(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Ortg.Div: Public works(Special Districts) : .Zs. /9 97
Coamct Skip Epperty(3132253) PHIL BATCHELOR,Clerk of t c board
of Supervlaon and County Adminlatrator
CC County Administrator
Assessor
Auditor-Controller
Cornmunity Development `7
County Counsel
SUBJECT: ADOPT 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, LUP 2095-91.
DATE: OCTOBER 28, 1997
PAGE - 2 -
H.
2 -H. FinancialImnact:
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.
M. 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 LUP 2095-91, 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 October 28, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/3P
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. The County is currently processing LUP 2095-91 (the "Development") consisting of One (1) parcel,
more specifically described in Exhibit A.
2. On September 18, 1997 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 1997/98 (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 15,
1997. 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 December 16, 1997 at 1:45 p.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 protests 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 Engineers Report.
SE:JR:
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Orig.Dept: Public Works Department(Special Districts) I h aby Ca*OW 06 Is a but and eorreetOf
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Contact Skip Epperly,313.2253 an aen taken and entered on the minutea of fhs
cc: County Administrator Board of B1lpervtaofa on the date shorn.
Assessor gyp; Octolx-r 28, 1997
Auditor-Controller PHIL BATCHELOR,Clerk of the board
Community Development of Supervism and County AdmintaraW
County Counsel
M0A,1o•v�►
RESOLUTION NO. 97/ 578
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel
Assessors Parcel Number Owner's Name/Address .;.;
__ . _ ... __ _ __ .. ........ ..
1 138-180-003 Don & Carol Flaner
40 Summit Circle
Walnut Creek, CA 94598
The new Assessors Parcel Number is not available at this time. The New Assessor parcel number
will be sent to the Contra Costa County Public Works Department when it is available.
One (1) Basic Unit Charge
RESOLUTION NO. 97/578
ASSESSMENT DIAGRAM OF LUP 2095-91
Contra Costa County
County Service Area L-100 Street Lighting District
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EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1997/98
RESOLUTION NO. 97/ 578
COUNTY SERVICE AREA 1-400
ENGINEER'S REPORT
ADDENDUM
LUP 2095-91
Parcel Assessor's. P
M.......e.......
arcel Description Factor Unit > Proposed
Number Assessmen#
FY "1997198
1 138-180-003 0.97 Hectares 1.0 $14.94
Fund Tax Bili. Basic Street Total Dollars '; Fac#or Un
Literal Li htin Char e
2401 CSA L-100 $14.94 $618,301.78 41,382.50
Proposed CSA L-100 $14.94 $14.94 1.00
Annexation
New CSA L-100 $14.94 $618,316.72 41,383.50
Totals
Notes:
1) One (1) Single Family Factor Unit at$14.94 each = $14.94.
2)Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1997/98 Tax Roll and
approved by the Board of Supervisors on July 15, 1997.
RESOLUTION NO. 97/578
On July 15, 1997, as an attachment to Resolution 97/374, 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 1997/98". 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 17, 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 1997/98.
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 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) unforseen
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. 97/ 578
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.
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.
RESOLUTION NO. 97/578
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 December 16, 1997 or you may hand carry
your ballot to the Public Hearing on December 16, 1997. Ballots received after the close of the Public Hearing can
not 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 may be 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,December 16, 1997 at 1:45 p.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. 97/ 578
t EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 138-180-003
Annexation Of: LUP 2095-91
Record Owner: Don & Carol Flaner
Address: 40 Summit Circle
Walnut Creek, California 94598
Yes, I approve of the proposed annual assessment of $14.94 on the parcel
identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on the parcel.
Signature of Record Owner or Authorized
Representative of the above identified parcel.
Date
RESOLUTION NO. 97/ 578