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HomeMy WebLinkAboutMINUTES - 10051999 - C8-C10 __. _...._ ......... ......... _....... ._....... ......... ..._... _.._.......... __.. __...__. . . ._._. ........... ........ ........ ......... ........ ........ ........ _..... h . X11 gra, TO: BOARD OF SUPERVISORS oS L FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 5, 1999 SUBJECT: SET DATE FOR PUBLIC HEARING TO REDUCE THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMIVIENDATIO- NS 1. FIX November 2, 1999 at 10;00 a.m. for a public hearing to amend Ordinance 98935 to reduce the Tri--Valley Transportation Development Fee (TVTDF), pursuant to Government Code Sections 66474.2(b). 2. DIRECT the Public Works Director to publish the noticeof the hearing in accordance with Government Code Sections 54966(a), '65091, 66016(a), 66474.2(b)(2), 65090(a), and 66464(a). FISCAL IMPACT The reduction of the TVTD Fee will have no financial impact on the General Fuad. The funds collected will be deposited in a trust account to fund specific transportation projects in the TVTD Fee Area. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMM TEE APPROVE OTHER SIGNATURE(S),:4��2A ACTION OF BOARD ON October 5 2999 APPROVED AS RECOMMENDED _&_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT" none j AND CORRECT CPY'OFAN ACTION TAKEN AYES: NOES: AND ENTERED} ON THE MINUTES OF THE ABSENT: ABSTAIN: BOAR® OF SUPERVISORS ON THE DATE Contact. Daniel J. Pulon, AICP (925/335-1241) ATTESTED October 5 1999 ccs Community Development Department(CD®) PHIL BATCHELOR, CLERK OF Millie Greenberg, TVTC Chair THE BOARD OF SUPERVISORS County Counsel AND C LINTY ADMINISTRATOR Martin Lysons (PWD) f y ��42at. DEPUTY c.ltvt \1C5hear.aat SES"DATE FOR PUBLIC HEARING TO AMEND THE TRI-VALLEY TRANSPORTATION DEVELOPMENT EEE October 5, 1999 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONF2 The Tri-'alley Transportation Council (TVTC), comprising seven (7) elected city and county representatives in the Tri-Valley area of Contra Costa and Alameda Counties, have been engaged in transportation planning efforts, over the last several years. The Board of Supervisors approved the TVTC Action Plan/Transportation Plan, which the TVTC adopted in July 1995. This document identified eleven (11) transportation projects needed to accommodated year 2010 projected growth in the Tri-galley area. These transportation projects were the basis of the TVTC Nexus Study for a development impact fee in the Tri-Valley Area. The Board of Supervisors has previously accepted the Nexus Study, on file with the Clerk of the Board, which served as the basis for a future Tri-Valley Transportation Development Fee. On October 29, 1997, the TVTC agreed to transmit to each TVTC jurisdiction a resolution of Principles of Agreement for Adoption of the Tfi-Val e y Transportation Development Fee. Upon unanimous approval from the TVTC jurisdictions, this document became the framework for a Joint Exercise Powers of Agreement to enact a development impact fee program in the Tri-Valley Area. The Board of Supervisors approved the resolution( No. 97`510, not attached), November 4, 1997. The TVTC, having received unanimous approval from the TVTC jurisdictions`dor the resolution, developed the Joint Exercise Powers of Agreement (JEPA, not attached) to create a Tri-Valley Transportation Development Fee. At an August 11, 1998 hearing, the Board of Supervisors approved the JI PA and adapted Ordinance leo. 98-35 to enact the Tri-Valley Development Fee (TVTDF). In August 1999, the TVTC approved the reduction of a fee category, " Other," from $1526 per trip to $610 per trip because the high fee was significantly burdensome on development that did not fit within Single Family residential, inti-Family Residential, Office, retail, and Industrial land use categories.The TVTC reduced the " Other " fee category in proportion to the Single Family residential, Multi-Family Residential, Office, retail, and Industrial fee categories. CONSEQUENCES OF NEGATIVE ACTION NONE. s THE BOARD O8 SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Carder on October 5, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULINIER1 AND CANC T AMMILIA NOES: DONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. S'_o SUBJECT: Renewal of a Franchise to Operate Pipelines in County Roadways(WO#5399) The Board of Supervisors of Contra Costa County Resolves that: I. A written application has been made by Praxair, Inc. to the Board of Supervisors to renew a franchise to operate one (1) eight-inch oxygen and one (1) eight-inch nitrogen pipeline. It is proposed to renew such franchise in the manner provided by law, substantially in the form and upon the terms and conditions set forth it the attached "Notice of Renewal of Franchise" and Ordinance No. 1827 (as amended by Ordinance No. 79/50 and Ordinance No. 92/64), and it is in the public interest to give this notice. 2. The Board.of Supervisors hereby fixes Novernber 2, 1999, at 10:00 a.m. as bearing date and time. The Clary of the Board is hereby authorized and directed to advertise by publishing the attached"Notice of Renewal of Franchise"in the Contra Costa Times, a newspaper of general circulation,printed and published in this County, at least once within fifteen.(15) days after the passage of this Resolution. 9 hereby aerffy that th!s;is a tr:e and correct copy of an action taken and er:tereri or Me mnutes of the Boa,d of Supervisors on the date shown, ATTESTED. 'October S, 1999 _ SCR djh KL BATT)i OR,C°er'k of the L oars orig.dept.-Public works J � Superviso: wd ourity k mfnisiraior contact person:C.<<"Harsen(313-2341) � e g:\gtodata\admin\cliflfrancl ise-Ses.10-5-99 c: County Adniftiistaator`s Office Auditor-Controlle-r's Office RESOLUTION NO. 99/ 516 .NO'T'ICE OF RENEWAL OF FRANCHISE (Pipelines in County loads) NOTICE IS HEREBY GIVEN THAT: I. An application has been made to the Board of Supervisors of the County of Contra Costa, State of California,by Praxair,Inc., to renew a franchise to operate one(1) eight-inch oxygen pipeline and one(1)eight-inch nitrogen pipeline from a point west of Viera Avenue and rnming across Bridgehead load(lineal distance of each pipeline approximately 2520 feet). The Board proposes to renew this non-exclusive franchise for a terram of twenty (20)years in accordance with the terns set forth in Contra Costa County Ordinance No. 1827 (as amended by Ordinance No. 79/.50 and Ordinance No. 92/64). II. The grantee of this franchise and its successors and assigns will, during the life of the franchise,pay to the County an annual fee as specified in Ordinance No. 1827 (as amended by Ordinance No. 79/50 and Ordinance No. 92/64). The fee shall be paid annually from the date of the renewal of the franchise. In the event payments are not made, the franchise shall be forfeited. 1:11. A public hearing has been set for November 2, 1999, at 10:00 a.m. All personas having any objection to the renewal of this franchise may appear before the Board of Supervisors and be beard. At any bine not later than the hour set for the hearing of objections, any person:interested may make a written protest stating objections against the renewing of the franchise. Any protests shall be signed by the protestant and delivered to the Clerk of the Board of Supervisors. If no protest in writing is delivered to the clerk up to the hour set for hearing, or such protests as are filed have been heard and determined by the legislative body to be insufficient, or have been overruled or denied., the Board of Supervisors may renew the franchise. Dated.: October 16, 1999 Phil Batchelor, Clerk of the Board and County Administrator By: Deputy e SCH:jh g Agrpiata\adrnin\clif_f\ franchise-Res.10-5-99 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: OCTOBER 5, 1.999 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 2063-98, WALNUT CREEK.AREA (WG 5001 GRG## 7394) SPECIFIC REQUEST(S)OR REC MIENDA`FION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in LUP 2063-98 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for December 14, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors' Charnbers, 651 Pine Street, Martinez, California to certify the tabulation of the ballon 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 2180 Continued on Attachment:% SIGNATURE; RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): .1,�_ `Z/�Wzl/ ACTION OF BOARD ON ='5, 1 CPA A]PROVED AS l hereby certify that this is a true and correct copy of an action RECOMMENDED X OTHER— taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ln.one 3 AYES: NOES: ATTESTED: October 5, 1999 ABSENT- ABSTAIN: PHIL BATC ELOR,Clerk of the Board of Supervisors and County SE:3:K:d£ Administr o G:\GrpbatalSpl3istlBosrd Orders\3994109SeptetnberlLUP 2063-98.doc Orig.Div: Public Works(Special Districts) ContAct: Skop Epceriy(313-2253) cc: County Administrator -Xj Assessor By �-�' Deputy Auditor-Controller Community Development 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 2063-98, WALNUT CREED AREA DATE; OCTOBER 5, 1999 PAGE - 2 - II. FinancialImpaeta 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. III. Reasons for Recommendations and Background: The developer is required by Condition of Approval to install street lightingfixtures 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 2063-98, and an alternative means to finance public right of way street lighting would have to be found. ......._. _-...... .. _..... _...............11.11. 1111... _. . 11.1.1.. . _........ ........._............. ......... ......_... ........ ......... .......... ......... ......... TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 5, 1999, by the following vote: AYES: SUPERVISORS GIO�A, vI�KE�A, GERBER, DESAULNTER AND CA�CIA�IIILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 991 517 SUBJECT: RESOLUTION ACCEPTING THE ENGINEERS REPORT ANIS 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 2063-93 (the "Development") consisting of 1 parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 1 parcel. 2. On .laxly 6, 1999 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 Haat 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 XI1ID 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 Supervisorsfor Establishing A Street Light Service Charge for Fiscal Year 1999/00 (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 13, 1999. 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. ............. .. _. ._....__._. _...... _._. _..._ ._._...._..__........ ......... ....._..... ........._. ......... ......... .......... ........ _ .. ....... ........ 'A, Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows. 1. The board will conduct a public hearing (the"Hearing") on December 14, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Strut, Martinez, California 94553. 2. The Board directs the Clerk of the Surd to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Surd directs the Public Works Director to mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the regard owners of each parcel within the development. The ballot attached as Exhibit 19 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 shell 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 protea. 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 Assessments confirms the Final Report; and levies the Assessment for the Fiscal year referred to in the Engineer's Report. hereby certify that this is a trt,s and correct copy of an action taken and entered on the Minutes Of the Board of Supervisors on tM date shown. ATTESTED: a t-c ahr 11, 1 c199 EHIL -MME OR,011,erk of the Board of Supisors and County Aoi'listrator By Deputy RESOLUTION NO. 991 51.7 ......._. ..... _... _........ ....._... ......._. ........ ....... .................................._..._.... ............ .......... ........ ........ ........ ...... EXHIBIT A CONTRA COSTA. COUNT COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List I r ei Ass' sor's �` r e{'N'b r wner's Nerve/A gess Asek & Indra Sengupta 1 148-300-005 130 Bexley Place', Walnut Creek, CA 94590 1.0 Street Lighting Factors/Parcel. RESOLUTION NO. 991517 EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 1999®00 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 X11ID, Section 4, of the California Constitution,the County Service Area Law(Gov. Code, 2.5210.1 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: By; , ' a Heather Ballenger ` Assistant Public Works Director �k d RCE No.-4.746 RESOLUTION NO. 99/ 517 ...111.1...._ ....._... ......... .. ............................. ........ ......... ........ ......... ........ COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2063-98 Ass,. . � reiaact r �# 90 1 148-300-005 Child Care 1.0 $14.94 Center # Tot 131 } h t , 2401 CSA L-100 $14.94 $625,696,56 41877.50 Proposed CSA L-100 $14.94 $14.94 1.00 Annexation # New CSA L-'100 $14.94 $625,711.50 41,876.50 Totals Nates: 1) 1.0 Street Lighting Factor Units at $14.94 each ® $14.94. 2) Total Dollars and Factor Units taken from CSA L-100 Pinel engineer's Report for the 1999100 Tex Roll and approved by the Board of Supervisors on July 13, 1999. RESOLUTION NO. 991.517 ASSESSMENT DIAGRAM OF LUP 2®63-99 Contra Costa County County Service Area La100 Street Lighting District g J •N � 1 i �f 7�#9ti YCNITY MAP `� NO SCALE 0.{3 z `, 1-1s6 �dJ 00. N85'08°00" E 4.877 N C,4 zn � APN: 1148-300-005 z 53.904 M. S 89`08`00" w MAYHEW WAY PIAT MAP 9dl8CIL CHAAVEZ LAND SURVEYING DATE: JUNE 26,4989 411 MAYHEW wAY 342 0EORQA STREET.WTE 200, VALLEJO.CA. 94590 C+?}MA w£S2'A CCUNTY, C P-NU PHONE: (707)553-2478 SCALE: !` 40' PAX: 707}553-0&39 (12.2 V.4�) RESOLUTION NO. 991 517 x On July 13, 1999, as an attachment to Resolution 99/323, 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 1999100". 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-1 00`°). Total Assessrrrentl 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 2000/2001. M thodolooy 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 3 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (`l) 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 oasts 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. 991 517 EXHIBIT C BALLOT NOTICE Why diel 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 unposed 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. 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 November 29, 1999 or you may hand carry your ballot to the Public Hearing on December 14, 1999. 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, are opposed to the assessment,the assessment will not be unposed. 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 maybe 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 roust also indican 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 14, 1999 at 9:00 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. 99/ 517 EXHIBIT 'D'D County Service Area L-100 Lighting District Annexation Ba11ot Assessor's Parcel Nose: 143-300-005 Annexation Of. LUP 2063-98 Record Owner: Asok & Indra Sengupta Address: 130 Bexley Place Walnut Creek, CA 94593 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. 99/ 517