HomeMy WebLinkAboutMINUTES - 12052000 - C29 BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: :DECEMBER 5, 2000
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, SD008405, ALAMO AREA
WO 5001 ORG# 7394
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommends Action.-
1.
ction;1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in SDO08405 to be annexed into County Ser=vice Area L-100.
2. FIX a Public Hearing for FEBRUARY 13, 2001 at 9:00 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: SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED m OTHER,_,,,,_
VOTE OF SUPERVISORS
_X_ UNANIMOUS(ABSENT DiSftja V VaCAr t
AYES: NOES:
ABSENT:ABSTAIN:
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GAGspData\SPDist\Bosrd Orders12000112 D=etnber\Ll00SD00W5.doo
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED:_T - 9- XM
PHIL BAT HELOR, Cle k of the Board of Supervisors and County
Adminis r
M �
By Deputy
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, SUB008405, ALAMO AREA
BATE: DECEMBER.5, 2000
PAGE - 2-
II. Financiallmpact:
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.
111. 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 SD008405, 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 DECEMBER 5, 2000, by the following vote:
AYES: SlIHMMIS MIA,, MUM, DESAMME2, AND GERBER
NOES: NONE
ABSENT: (DISTRICT V SEAT VACANT)
ABSTAIN: none
RESOLUTION NO. 20001_5a
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC NEARING
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 SD008405 (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 five parcels.
2. On OCTOBER 12, 2000 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 200012001 (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 11,
2000. 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.
RESOLUTION NO. 2000/551
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on FEBRUARY 13, 2001 at 9:00 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. 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 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 Assessment; confirms the Final Report; and levies
the Assessment for the Fiscal year referred to in the Engineers Report.
I he,-hy rertfy that this Is a true and correct copy of
ar; ta'.;;,n and entered on the minutes of the
Boa,d of Supervisors on the date shown,
ATTESTED: 5. 2000
HIL BATCHEWIR,clerk of the Board
Supervisorondu County Administrator
By
Deputy
RESOLUTION NO. 2000/ 551
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
1 197-170-0117 ALAMO HIGHLANDS LLC
3201 DANVILLE BLVD, #170
ALAMO, CA 94507
"` ** 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.
1.0 Street Lighting Factors/Parcel.
RESOLUTION NO. 2000/ 551
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2000/2001
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 XIIID,
Section 4, of the California Constitution, the County Service Area Lave(Gov. Code, 25210.1 et seq.) and
Division 1.012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional
engineer,registered in the State of California.
Dated: By;
f
HeaKer Ba l nger
Assistant Public arks Director
RCE No. 41746
RESOLUTION NO. 2000/ 551
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SDO08405
Parcel Assessor's Parcel Description Factor Unit Proposed
Number; Assessment
FY 01/02
1 197-170-017 Single Family 1.0 ��1494.
2 197-170-017 Single Family 1.0 14.94
3 197-170-017 Single Family 1.0 14.94
4 197-170-017 Single Family 1 1.0 14.94
5 197-170-017 Single Family 1.0 14.94
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $625,696.56 41877.50
Proposed CSA L-100 $14.94 74.70 5.00
Annexation
New CSA L-100 $14.94 $625,771.26 41882.50
Totals
Notes:
1) 5a0 Street Lighting Factor Units at $14.94 each = $74.70.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2000/2001 Tax Roll
and approved by the Board of Supervisors on July 11, 2000.
RESOLUTION NO. 2000/ 551
ASSESSMENT DIAGRAM OF
SDO08405
Contra Costa County
County Service Area L-100 Street Lighting District
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PLANNERS SUITE 310
CIVIL ENGINEERS WALNUT CREKK, CA. 94596 Job No.
SURVEYORS 925-476.2300
ALIQUOT 925-476-2380 (VAX) By _ Date 9-127100--- Chkd.
SHEET -1—.._ _ OF
RESOLUTION NO. 2000/ 551
On July 11, 2000, 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 2000/2001". 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
$14.94 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 2002/03.
Method - t Lighting
ology for galculatingStree Assessments-
The "benefit received" is based on a sliding scale of I 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) unforeseen
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. 2000/-551_
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$74.70 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 JANUARY 22,2001 or you may hand carry your ballot to the
Public Hearing on FEBRUARY 13,2001. 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, FEBRUARY 13, 2001 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. 2000/-551
EXHIBIT DD
County Service Area L-100 Lighting District Annexation
Baffot
Assessor's Parcel Nos.: 197-170-017
Annexation Of: SDO08405
Record Owner: Alamo Highlands LLC
3201 Danville Blvd, #170
Alamo, CA 94507
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. 2000/ 551