HomeMy WebLinkAboutMINUTES - 10201998 - C20 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE. OCTOBER 20, 1998
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEERS REPORT AND FIX A HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION8029, ALAMO AREA
(WO 5001 ORG# 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANLL JUSTIFICATION
1. Recommended Action:
1. ADOPT the Resolution accepting the attached Engineers Report for a lighting assessment on parcels in
Subdivision 8029 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for December 8, 1998 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.
Continued on Attachment:X SIGNATURE. Lak jitma
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): 411=21(od"41-1-10, lzeu
ACTION OF BOARD ON Off, ober. 20, 19% APPROVED AS RECOMMENDED X �It
VOTE OF SUPERVISORS
_X UNANIMOUS(ABSENT N:,,m )
AYES: NOES.
ABSENT: ABSTAIN:
S&Mcs 1 bo. reby certify that this is a true and correct
G:\GtpData\SpDistkUoardOrders\October\Sub8029 of an action taken and entered on the
Orig.Div: Public Works(Special Districts) Mes of the Board of.. Supervisors on the
Contact: Skip Epperly(313-2253) date shown, rr��//�� q p
cc: County Administrator OC.tober. 20, 1998
Aar ATTESTED:
AudCommunity ever PHIL BATCHELOR, Clerk of the Board
Community Development
County Counsel of Supervisors and CoupW Administrator
By 1 w Deputy
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEERS REPORT AND FIX A HEADING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION8029,ALAMO AREA .
DATE: OCTOBER 20, 1998
PAGE: -2-
11. Financial Impa
There will be no financial impact to the County General Fund. All casts will be covered with revenue from
the Countywide Street Light District,CSA L-100.
III. 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 Preposition 218.
IV. Conseauences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 8029, and an
alternative means to finance public right of way street lighting would have to be found.
RESOLUTION NO. 981545
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 20, 1998 by the following vote:
AYES: Supervisors tlilkema, Gerber, DeSaulnier, Gsnciami.11a, and Rogers
NOES: None
ABSENT: None
ABSTAIN. None
RESOLUTION NO. 981545
SUBJECT: RESOLUTION ACCEPTING THE ENGINEERS 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 Centra Costa County FINDS THAT:
1. The County is currently processing Subdivision 8029 (the Development) consisting of 15 parcels,
more specifically described in Exhibit A.
2. On September 9, 1998 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 Engineers Report to the Board of Supervisors for Establishing
A Street Light Service Charge for Fiscal Year 1998199 (the Engineers Report) is attached as Exhibit
B. The Engineers Report meets the requirements of a tentative report under Article 1012-2.602 of the
Contra Costa County Code. The Engineers 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 Engineers Report for the Countywide Street Light Program on July 14,
1998. Based on its review of the Engineers 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.
RESOLUTION NO. 98/ 545
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the Hearing on December 8, 1998 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 Engineers 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 Engineers
Report; levies the Assessment in the Engineers Report; finds that the Director of the Contra Costa
County Public Works Department, acting as the designated director, has concluded that the Engineers
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:
G:1GrpDatalSpDisNR121 SCOMP5t.1 ODFORM=2980ARDORD.doc
Oft.Dept.:Public Warks Department(Spacial Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator
Assessor
Audhor-Controller I hereby certify that this Is a true and correct
Community Development copy of an action taken and entered on the
County Counsel
minutes of the Board of Supervisors on the
date shown. +q ,
ATTESTED: t.� 1
PHIL BATCHELOR, Clerk of the Board
of Supervisors and Countv Administrator
fi
By Deputy
RESOLUTION NO. 981 545
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owners List
77
e :Asessor� a�t°Nmbernr NirelA + re�r;
1 through 15 193-180-0107 Martin L. Sherman
314 Iron Horse Court
Walnut Creek, Ca. 94596
****The new Assessors Parcel Numbers are not mailable at this time. New Assessors parcel numbers
will be sent to the Contra Costa County Public Works Department as they are available.
One (1) Street Lighting Factor Per Parcel
EXHIBIT B
RESOLUTION NO. 98/ 545
Exhibit B
FINAL ENGINEERS REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1998-99
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 XVII}, 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 she is a professional engineer, registered in the State of
California.
Dated: C) elf y By:
eat r Ba len er
Assistant Public Works Director
RCE No. 41746
COUNTY SERVICE AREA L-100
ENGINEERS REPORT
ADDENDUM
SUBDIVISION 8029
77
e� I Asse s ,r 'ar e1 �+ scr� t �n act+ r Unit K� �
Numi�eir
A'S S! t
1 through 15 193-180-007 Single Family 1 Per Parcel $14,94/Parcel
Parcels
L�#era ' Lttrt fire.
[Annexation
01 CSA L-100 $14.54 $621,991.66 43,551.00
oposed CSA L-100 $14.94 $224.10 15.00
w CSA L-100 $14.94 $622,215.76 43,566.00
Totals
No!es:
1) 15 Street Lighting Factor Units at$14.94 each = $224.10.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineers Report for the 1998/99Tax Roll and
approved by the Board of Supervisors on July 14, 1998.
RESOLUTION NO. 98/ 545
ASSESSMENT DIAGRAM OF SUBDIVISION 8029
Contra Costa County
County Service Area L-100 Street Lighting District
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D2BOlt Civil EttQiil@EP1R] aeata:.
PLAT TO ACCOMPANY eil San Raw Valley Bwlerarg r
LEGAL DESCRIPTION Danville: California 24M
AREA TO BE ANNEXED 50!$37:3780 J*b.:
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RESOLUTION NO. 98f 545
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On July 14, 1998, as an attachment to Resolution 981355, 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 1998199". 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) Change 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 1998/99.
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 .is 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 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. 981 545
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.
Th,.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 $224.10 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.
W),at 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 Deport 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. 98/ 545
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owner's 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 8, 1998or you may hand carry your
ballot to the Public Hearing on December 8, 1998. 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
ov�-,iers 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 6zerom
vote.
Public Hearing
The hearing will be held on Tuesday, December 8, 1998 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. 981 545
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessors Parcel No.: 193-180-007
Annexation Of: SUBDIVISION 8029
Record Owner: Martin L. Sherman
Address: 314 Iron Horse Court
Walnut Creek, Ca. 94596
Yes, I approve of the proposed annual assessment of$14.94 on each of the 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, 981 545