HomeMy WebLinkAboutMINUTES - 09091997 - C23 _ cz3
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 9, 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, DP 3007-96 (MINOR SUBDIVISION 6-96),
OAKLEY AREA PROJECT NO. 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in
DP 3007-96 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for October 28, 1997 at 10:45 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 each parcel
owner within the development in compliance with Proposition 218.
4. DIRECT the Clerk of the Board of Supervisors to complete the reqit d notification in accordance with
Section 6066 of the Government Code. .
Continued on Attachment:X SIGNATURE: 'v
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VO OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:JR:cs f hereby cefflf)/that this f9 a true and Correct copy of
g:\Engsvc\Spdist\BO\August\DP3007 t9.9 Ian action taken and entered on the minutes of the
Board of Supervisors on thepdaata;shown.
Orig.Div: Public Works(Special Districts) A�ES.�p. •9 •!1 7 7
Contact: Skip Epperly(313-2253) .
M: County Administrator Of SupervisorsPHIL BATCHELOR,
County Administrator
Assessor
Auditor-Controller + •
Community Development �%,A ; IQAIIL^� Deputy
County Counsel �l
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, DP 3007-96 (MINOR SUBDIVISION 6-96).
DATE: SEPTEMBER 9, 1997
PAGE - 2 -
H.
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.
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 DP 3007-96, 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 9, 1997, by the following vote:
AYES: . Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/.479
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 DP 3007-96 (the "Development") consisting of two (2) parcels,
more specifically described in Exhibit A.
2. On July 28, 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 97/98 (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 October 28, 1997 at 10:45 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. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant to Section
6066 of the Government Code.
4. 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.
5. 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.
SE:JR:
g:\EngSvc\SpDist\.DUP 3007-96.ResL-100Res
Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator O,herety cen1N tftattfi
e Is 9 true and correct Copy 0}
Assessor at4 action taken and entered on the minutee of ft
Auditor-Controller t3oard of Sup taors on the dato shown.
Community Development ArrEsTEo: ..t 977
County Counsel PHIL DAT HELCA,Clark^f the 5oard
of Supervisors and County AJminlstratW
RESOLUTION NO. 97/ 479
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
Karl Karcher Enterprises
1 051-220-039 1200 North Harbor Blvd.
Anaheim, CA 92801
Karl Karcher Enterprises
2 051-220-053 1200 North Harbor Blvd.
Anaheim, CA 92801 .
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.
Totaling, 10 Street Lighting Factor Units.
RESOLUTION NO. 97/479
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/ 479
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
DP 3007-96
. .........
Parcel
.......... ....... ......
............ Assessor's
sses4pr s..P.i....r....c...4...1.. ..D...e..s...c...r..ipt.....i-.....o............n..
.....
. ... ....A.......c...
t ....... Proposed.
Number Unit Asses m.e.
n.
t
.......... ......
.................... ............... .. ... ........
....................... .....I.......
. ............... .. .......
....... .............. FY9.7/98.1.1 'I.I."..........
...........I............ ......1.11, 11.1........... . .........
.. ...........
............. 1.1.......................... ........... ........ ...........
1 051-220-039 0.26 Hectares 5 $74.70
2 051-220-053 0.448 Hectares 5 $74.70
.........F..u..........n...........d.......
..
..... ...........
3atic:Street
......
Total Dollar
SX
Factor:Units
. ..... ..... ......
...........
Literal Lich#ung Charge
12401 CSA L-100 $14.94 $618,301.78 .41,382.50
Proposed CSA L-100 $14.94 $149.40 10.00
Annexation
New CSA L-100 $14.94 $51.18 41,392.50
1 Totals
Notes:
1) 10 Street Lighting Factor Units at $14.94 each = $149.40.
2)Total Dollars and Factor Units taken from CSA L-100 Final engineers Report for the 1997/98 Tax Roll and
approved by the Board of Supervisors on July 15, 1997.
RESOLUTION NO. 97/479
ASSESSMENT DIAGRAM OF DP 3007-96
Contra Costa County
County Service Area L-100 Street Lighting District
E 1/4 CORNER
SECTION 21
T.2N. R.2E. MDB&M
1D — —
a STATE HIGHWAY a 4
SITE
N89' 49' 16" W
120.49' --� 01
Q
VICINITY MAP + N86' 17' 37" E O
N.T.S. 61.93' 165' 42'
w
r 62' 30' 27" E
60.02' in }
3 O
O
y ^ ( Ld
ZI
t,l z N PARCEL• B w
o + 114 PM 48 o w
Z I1.75t ACRES �
� Q N
M
`L� I O
�A\ �D z
pEXHIBIT MAP OF
a° N00' 31' 43" E POINT OF SE CORNER PARCEL
18.82' BEGINNING PARCEL 8 ANNEREWMM
XATION TO
CSA L-100
N89' 49' 16" W 306.52' CONTRA COSTA, CALIFORNIA
JULY, 1997 1" =60'
GW CONSULTING ENGINEERS
RESOLUTION NO. 97/ 479
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
$74.40 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $74.40 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/ 479
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 $149.40 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. 97/479
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 28, 1997 or you may hand carry your
ballot to the Public Hearing on October 28, 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, October 28, 1997 at 10:45 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.
RESOLUTION NO. 97/479
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 051-220-039 and 051-220-053
Annexation Of: DP 3007-96
Record Owner: Karl Karcher Enterprises
Address: 1200 North Harbor Blvd.
Anaheim, CA 92801
Yes, I approve of the proposed annual assessment of$74.70 on each of 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
RESOLUTION NO. 97/ 479
2-
"Notice
"Notice is hereby given that the Board of Supervisors of Contra Costa
County will meet in the Board Chambers, Room 107 at 651 Pine Street,
Martinez, California, to hold a public hearing on October 28, 1997, at
10:45 a.m., to consider comments of any interested person, either written
or oral, to the proposed annexation of DP 3007-96, Oakley Area, to
County Service Area(L-100)Lighting District. A copy of the Engineer's
Report, is on file with the Clerk of the Board of Supervisors, 651 Pine
Street, Room 106, Martinez, California, and the Public Works
Department, 255 Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Attest: September 9, 1997
By:
Deputy Shirley Casillas
Publication Dates:
1
September 28, 1997
October 8, 1997
g:\ErigSvc\SpDist\BOMaster\COBNotic
August 14,1997
...
o (CD m ,� OZ DOm O -i v — = (n
CA) ' yo . mcc0 94 zm
m ¢1 cn 3n Om N rt F" I ^^^
D= M ((DD �ZOCAN m O \ I\ J` J
N (D C7 c0 =m,� N (D f-n o o o
Z QO m mOO V) rt 0 c CD
c) m 3 c nm U) `� m �
O R1 3 Q Cn £ d x Mm O v CJ7 z Cn ✓ �++
0.Q. cn c' (D O' f+• (D LTJ D Z '�1 O C<
(D O rt 10 C� r�r n 47 c= m In O W M0 D Q
�p In O K
,..� Cr 8 K ►�• �m c W � CL m m m
D ¢► K u~i rt 09 O my N p =O n m
c ? Oo K rt O r Or- m O c D
_ f-' Oo O d K H M.ME y � �^0 (n
O m Z 2 IT1
N O rtl v w a H mK ncm ��(_(nn <
(CD G9j G O 2 �(m pc mo mw_ CO Z m
cn
M
N N Fl, I'D F-A ' nm (n4 W R
o o �� m 7oOvzm < CA)
-
�y n in o
_ (Q Q. O v N z Cl) � O O 0
m
g O (D < Z �
m
-s G O N M m . tG-r k W 0
s W G z C7 In C) m
(D D (KD N cn O
r (D 4 W D
(n H m
) D m
D cn 7f./
Ln
L C
d N
c
O
9
O
V
Z Z
nc D-O pcn -�
Din D M2 -�c
o� X Om DOD w
z z U) r O
m
m= � O a mm c nc m n
V nmoDZ m�
z 3m O z 0
-� w a Z o
z
U) o o O
v m
�z -< 0
C
O O O
m � mEl
mO p
r
cn m -4
F
(D p m N
On
v w �c O0 n
( in FJ O. 0 w m w 1
K 0 tZ Y � r ; fit` s
Zm
m m c
Av
Fl- ' � O m�
r-
mo
1-' s m z N
>o O
A
n
a a 0
co N
pT: <
�I c 00
erg
C� 7
PROOF OF PUSL{C:0.`C-ION
"Notice is hereby given that
the Board of Supervisors of
(2075_5 C.C.P.) Contra Costa County will
meet in the Board Chambers,
Room 107, at 651 Pine
STATE F Street, Martinez, California,
O CAUFORNtA to hold a public hearing on
County Of Contra October 28, 1997, at 10:45
Costa a.m., to consider comments
of any interested person,ei-
ther written or oral, to the
the United States and a res(dent of theproposed annexation of DP
County aforesaid, 3007-96, Oakley Area, to
- ( am over the age of elphteen years, County Service Area (L-100)
grid not $ Lighting District. A copy of
Party to Or(nterested (n the above-ent(t(ed the Engineer's Report is on
fTiatYef file with the Clerk of the
Board of Supervisors, 651
(g(7i�e (�dn Pine Street,Room 106,Marti-
�P t-.eoat Clerk Of the C Xxtra Costa 7lmes, nez,Califomia,and the Public
a newspaper of aeneral clrccs(aL(o works Department,255 Gla-
!(shed.at 2640 Shade nt printed and pub- cier Drive, Martinez, Califor-
tarids Odve In the City of,Wainut nia."
Creek, .County Of Contra Costa, 94598. Phil Batchelor,Clerk of the
Board of Supervisors and
And which newspaper County Administrator
Pion the
been adjudoed a newspaper Attest:September 9,1997
of genera(circulation by the Supedor Court of the County By:/s/Shirley Casillas
Of
Contra COsta„ State of Califomia, under the,date of Deputy
October 22. 1934- Le al CCT 1963
Se dumber (9764.
Pug
Lobe September 28;
The Ootice• of wh(rh the annexed is a printed copy(set(n
type not smaller than nonpareil), has been published In
each regular and enL[re issue of said newspaper and not
In any pP!errient thereof on the o!(owfng dates, to-wit:
- - --- - - - - -- _� --------------------
aft in the year of 19.97
( certify. (or declare) under penalty of penury that the
forego(ng (s true and correct.
Executed at Walnu(Cr ek, a(ifomla_
On this ._�
ay
Signature .......l ..................., .
..............................
Contra Costa T1mes
P.O.' 13OX 4147
Walnut Creek, CA 94596
(SYO)935-2525
Proof of Publication of.
(attached i_-`a cOpyof the legal
(ished) advertisement that pub-
EEI �
OUT 10 199T
CLERK�BOARD OF S
O�TCOSTA CO VISORS