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HomeMy WebLinkAboutMINUTES - 09091997 - C26 rI , 2V 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 AREAL-100, SUBDIVISION 7903, NORTH RICHMOND 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 Subdivision 7903 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for October 28, 1997 at 11:00 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 re ed notification in accordance with Section 6066 of the Government Code. Continued on Attachment:X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON -9- /997 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT } AYES: NOES: ABSENT: ABSTAIN: SE:JR:cs that this IS a true and Correct copy of g:\Engsvc\Spdist\BO\ !.hereby certify f �.aition tom and entered oa the minutes o t116 9"rd of SupeOra on the data shown. Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) AnESTED' of s �/ M: County Administrator PHIL e C a and County AdministraW Assessor Ot SYparvistNs County Auditor-Controller Community Development - 0"ffiv 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, SUBDIVISION 7903. 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.Subdivision 7903, 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. 97/482 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. HAT:1. The County is currently processing Subdivision 7903 (the "Development") consisting of 87 parcel(s), more specifically described in Exhibit A. 2. On May 2, 1996 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 11:00 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\.L-100Res Orig.Dept.: Public Works Department(Special Districts) Contact: Skip Epperly,313-2253 cc: County Administrator Assessor Auditor-Controller t1 CW*#0 oft Is a b"and coned of Community Development %� action fai0111110 ofl oh U�dH19 ihOMT.on the � � 80 County Counsel BIMr _ .� p717 .L. PHIL BA ELOR,Clerk of the lSoard t/ of Supervism and Coun ty AdminletraW By ( RESOLUTION NO. 97/ 482 EXHIBIT CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel Dumber Owner's Name/Aticiress' Community Housing 1 thru 87 408-160-042 Development Corporation PO Box 1625 Richmond, CA 94802 * 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. 87 Street Lighting Factor Units. RESOLUTION NO. 97/ 4Q? 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/ 482 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Subdivision 7903 _ _ ......... ...... ............... .......... ... ....._ ...... . . _ ...... . .................. ....._ ....... ..... ......... _ _ _ ............. .... ................._ _ _ ........... ..... _ ............. _.......... ................_ _ ........ .. ......... _ .............. Parcel Assessor's Parcel ;©escrtptlon Factor<Unit Proposed Number Assessment FY 97/98 1 408-160-042 4.276 Hectares 87 $1,299.78 Fund Tax Bill basic Street Total IDollars Fac#or<Un�ts tX�tera! L1ghtmg Charge 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $1,299.78 87.00 Annexation New CSA L-100 $14.94 $619,601.56 41,469.50 Totals Notes: 1) 87 Street Lighting Factor Units at$14.94 each = $1,299.78. 2)Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 97/98 Tax Roll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 97/[,.g2 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 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 $14.94per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1997/98. Methodology for Calculating Street Lighting Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as 8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill; (2) the number and types of parcels within each Service Area; (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unforseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the County Service Area (CSA) L-100 Lighting District. RESOLUTION NO. 97/482 ASSESSMENT DIAGRAM OF SUBDIVISION 7903 Contra Costa County County Service Area L-100 Street Lighting District v v� k2p;R o2x�. Y 3b< 8 a I N O UZ ^ �4 � ^fib qb`O^•`'rory1 r .off l' v��eti / .� f ���°"b$v�oo\• ra � oK�. ha e0 eo:` ���1 II Z 1 ,� . ° b o.b oCn O, �$•�o�$�.n Rh.^ . � ,, �i Jap •� � ,Ls ,[r ,u ,tv ,Lr ,0 1 n ( ab• •i.n K. y o�oM'R' u�N R y ° v•Ro�V1$ $ �• n n - w °tb °• o• h,w � lO '�1 rnLYd/• '• n� 'n4 �I!I Lc— <• —r— I 44I I 1 3AIHO NI 8M I U) x I. W eI::v o O aM e• __� II . Ld w 1k; CL a ^ VV4II '� t � � � •r�rw w L i o�v ' n° � l J W ti I I I ♦ •'� I � l v I N ~I ,]GL I III nQ AC A$ I n K p 1 a• I 3AI80 WlOOIVW ,�' •ip •ie y� C �c ON ))+ .r rovno nolo o� o o..•nor jo` � a i 1� Zr ` f LC Lr Lf fo LC�'r F I ti AVMNiIVd ONOWHOIii 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 $1,299.78 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/ 482 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 11:00 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/ 482 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 408-160-042 (Lots #1 - 87) Annexation Of: Subdivision 7903 Record Owner: Community Housing Development Corporation Address: PO Box 1625 Richmond, CA 94802 Yes, I approve of the proposed annual assessment of$14.94 on each of 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 RESOLUTION NO. 97/ 482 m � mr MU in v -1 u — iw D (D W w zZ D0 -- y �m co a ztn S i Q "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 11:00 a.m., to consider comments of any interested person, either written or oral, to the proposed annexation of Subdivision 7903, North Richmond 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 59irley Casillas Publication Dates: September 28, 1997 October, 8, 1997 g:\EngSvc\SpDist\BOMaster\COBNotic August 27,1997 "Notice hereby given PROOF OF PUBLI*CATION H�. .I f Contra Costa County meet In the Chambers, (20`f (20-f 5-5 0-c-P-) Room 107, at 651 Pine Street to h.0' A'I""nbleicz'h.0.0,'!I'nogmi.a� a Nu October 2 , 1997, at 11:00 STATE OF CAUFORN(A a,m., to consider comments Of any interested person,ei- Counilty Of Comm Costa ther written or oral, to the proposed annexation of Mi- am a iciti),C(I of the (jInitec,States and a resident of the nor Subdivision 7903, North Richmond Area, to County COUCICY aforesaid; I -un over the aGe of ejohteen years, Service Area(L-1 00)Lighting District. A copy of the Engi- neer's Report pfotrhHsBr file with matta-nd not a party to 04C-WeCe--ted in the above-entItled the e Board of Su- pervisors, 651 Pine Street, Room 106,Martinez Callfor I arn dia nia,and the Public Works De- al LeO an,, 255 Glacier Drive, r10v-zPaP0(_ of General ckcufatiocl, pcf(Ited and pub- .7 California," P(Inclp' ai Ueli(O(the COMM Costa Times. MrAmin ' f[Sft0<f.at :2640 Shade(anCls, ()(_jV<) (a the nary of,Walnut Phil Batchelor,Clerk of the Board of Supervisors and cre-et"� County Of Contra Costa, S41S96. C..'ity dministrator Attest:September 9,1997 And vAllch newspaper Ihas By:/s/Shirley Casillas cu(atlon by IU-je Superior Court of the County Legal GOT 1964 Deputy of venemt clr 6'ecn adludoed a newspaper Publish September 28; .October Of CO(lWa Gosta. State Of Caftlbiffga, Under th& date of October 8,1997 22, 1934- Case hicrmbet 9764. Tho notfice+ o(whicf,the annexed is a printed Copy(set In tYP-- not -smaller than nonpareil}. has been published In each reoufar and Ueflfj(-e L--sue Of said newspaper and not In any supplern,ent CceOf on the fO Wfn(j dates. to-wit: _- ------------ alt.In the year of f 9.97 Certify (or declare) fjnd6(-. penalty of perjury that the fore0olno Is true and correct. M_ F, F-Xec(j(ecf at Walnut(�X' e Califiomia. � d ( On this ---- oll�... -9 ............... Slona(ure 'u--C................ ...... ............... Contra Costanmes P.0- 13OX 4147 Walnut creek, CA 94596 (510).935-2525 , Prop(Of Publication of: fCs(attactied ts a copy'Of the {e0al advertisement that pub- OCT 0� "go F S PgAVISOR