HomeMy WebLinkAboutMINUTES - 10162001 - C.24 TO: BOARD OF SUPERVISORS
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: October 16, 2001
SUBJECT: ADOPT Resolution No. 2001/ 490 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, SD 8500,
Walnut Creek area, District III. (WO 5001, ORG. 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS-1-11:[CATION
I. Recommended Action:
1. ADOPT Resolution No. 2001/ 490 accepting the attached Engineer's Report for a lighting
assessment on the parcels in SD 8500 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for December 11,2001 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:X SIGNATURE:
l.eeRECOMMENDATION OF COUNTY ADMINISTRAT0,K
RECOMMENDATION OF BOARD COMMITTEE
7,.A-11-PROVE O ER
SIGNATURES :
ACTION OF BOA N OC t . 16 , 200•&PPROVED AS RECOMMENDED Xx OTHER
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
VOTE OF SUPERVISORS Supervisors on the date shown.
XX UNANIMOUS(ABSENT )
AYES: NOES: ATTESTED: October 16 , 2001
ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and
County Administrator
SE.1R:sd
G:`.GrpData\SpDist\Board 0rders\2001\I00ctober\SU13 8500 1-100 Package 10-16-Ol.doc
Orig.Div: Public Works(Special Districts) By ,
Contact: Skip Epperly(313-2253) `
Deputy
cc: County Administrator
Assessor
Auditor-Controller
Convnunity Development
County Counsel
1 Rushton,Sp.Dist.
R SUBJECT: ADOPT Resolution No. 2001/ 4 9 0 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,SD 8500,
Walnut Creek area, District III. (WO 5001, ORG. 7394)
DATE: October 16, 2001
PAGE: 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.
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 Proposition 218.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for SD 8500, 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 October 16, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and illlm .
NOES: None
ABSENT: None.
ABSTAIN: None
RESOLUTION NO. 2001/ 490
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 SD 8500 (the "Development") consisting of 2 parcels, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be 10 parcels.
2. On February 23, 2001 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 XM of the California Constitution because it is
conferred to provide the special benefit, defined above, on the parcels within the development.
I hereby certify that this is a true and correct copy of an
SE:JR:sd:lad action taken and entered on the minutes of the Board of
G:\GrpData\SpDist\13oard Orders\2061\10 Octobcr\SUR 8500 1-100 Package 10-16-Ol.doc
Orig.Div: Public Works(Special Districts) Supervisors on the date shown.
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor ATTESTED: October 16, 2001
Auditor-Controller JOHN SWEETEN, Clerk of the Board of Supervisors and
Community Development
County Counsel County Administrator
By T , Deputy
RESOLUTION NO. 2001/ 490
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
DATE: October 16, 2001
PAGE: 2
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 2001/2002 (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 10,
2001. 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 December 11,2001 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 Engineer's Report.
RESOLUTION NO. 2001/490
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 & 2 185-360-019, 020 Stow Partners
16 Park Avenue
Walnut Creek, CA 94595
****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.
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2001/2002
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 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: By:
Heather Ballenger
Assistant Public Works Director
RCE No. 41746
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SD 8500
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 02/03
1 185-360-019 SINGLE 1.0 $14.94
FAMILY
2 185-360-020 SINGLE 1.0 $14.94
FAMILY
Fund Tax:Bill. Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $534,153.86 35750.50
Proposed CSA L-100 $14.94 $149.40 10.00
Annexation
New CSA L-100 $14.94 $534,303.26 35751.50
Totals
Notes:
1) 10.0 Street Lighting Factor Units at$14.94 each= $149.40.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2001/2002 Tax Roll and
approved by the Board of Supervisors on July 10, 2001.
ASSESSMENT DIAGRAM OF
SUB 8500
Contra Costa County
County Service Area L-100 Street Lighting District
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On July 10, 2001, as an attachment to Resolution 01/254, 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 2001/2002".
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.
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) 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.
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.
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 26, 2001 or you may hand carry your ballot to the
Public Hearing on December 11,2001. 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 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 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 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, December 11, 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.
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 185-360-019, 020
Annexation Of: SD 8500
Record Owner: Stow Partners
16 Park Avenue
Walnut Creek, CA 94595
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
September 27, 2001
Stow Partners
16 Park Avenue
Walnut Creek, CA 94595
RE: Annexation of SD 8500
Dear Property Owner:
Enclosed is your ballot regarding the proposed annexation of SD 8500 into the County Service Area
L-100, Street Lighting District.
Time is of the essence. Please cast your vote upon the ballot and return to the Contra Costa County
Public Works Department (envelope enclosed) no later than November 26, 2001.
The Public Hearing will be held on Tuesday, December 11, 2001 at 9:00 a.m, in the Board of
Supervisors' Chambers, County Administration Building, 651 Pine Street, Martinez, California.
Please feel free to contact me at 313-2253, if you need any further assistance in this matter.
Very truly yours,
Skip Epperly
Special Districts Coordinator
SE:sd:lad
G:\GrpData\SpDist\Board Orders\2001\10 October\SUB 8500 1-100 Package 10-16-Ol.doc
Enclosure
cc: M.Shiu,Director
H.Ballenger,Engineering Services
M.Morton,Engineering Services
S.Epperly,Special Districts
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 Mud: 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.
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 26,2001,or you may hand carry your
ballot to the Public Hearing on December 11,2001. 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 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 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 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,December 11,2001 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.
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 185-360-019, 020
Annexation Of: SD 8500
Record Owner: Stow Partners
16 Park Avenue
Walnut Creek, CA 94595
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
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
AFFIDAVIT OF MAILING
In the Matter of Mailing of )
Ballots, Notice of Assessments )
And Notice of Adoption of )
Resolution; County Service Area )
L-100 Street Lighting Annexation;)
I declare under penalty of perjury that I am now,and at all times herein mentioned have been,
a citizen of the United States, over age 18; and that today I deposited in the United States Postal
Service in Martinez, California, postage fully prepaid, a true and correct copy of the above
referenced material to the following:
Stow Partners
16 Park Avenue
Walnut Creek, CA 94595
I declare under penalty of perjury that the foregoing is true and correct.
Dated , at Martinez, California.
Lisa Dalziel
GAGrpData\SpDist\Board Ordcrs\2001\10 October\SUB 8500 L100 Package 10-16-0I.doc