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HomeMy WebLinkAboutMINUTES - 12032002 - C36-C38 CONTRA T4: BOARD OF SUPERVISORS COSTA COUNTY FROM: Jahn Sweeten, County Administrator AM BY: Johnny W. Jefferson, Director i = C, 31P Office of Revenue Collection HATE; December 3, 2047 SUBJECT: Initiate Legal Action to Recover and Secure Costs of Services SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION RECOMMEN ATION AUTHORIZFJDH ECT County Counsel to initiate legal action to recover monies owed for outstanding debts and costs of suit and when appropriate to initiate legal action against the following Parties: NAME DEBT PETERSON,LAMAR S 5,841.00 BOTWAIBAH,CYNTHIA R. $ 14,885.59 "TOTAL S 20,726.59 FINANCIAL 90—PACT This action will increase the County's ability to execute on the judgments obtained pursuant to the Board of Supervisor's authorization. REAS ON {S) FC}R RECt3MMENDATK}N (Sl: To secure the County's interest on debts owed. BACKMM The parties involved have demonstrated an unwillingness to reimburse Contra Costa County for services provided. It is necessary for the County to preserve its interest by initiating appropriate action against the responsible party. CONTORM ON ATTACHMENT' _. YES SX)NATURE: � # bEOM MENDAT1ON OF COUNTY TRA ---- �flfi CVM M r : -- OTHER � 1 t f j 'e�. r p) SIGNATURE(S� ACTION OF APPROVED AS RECOMMENDED XX OTHER V VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A XX UNA AWW{ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: _ ON MWAITES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cortactATTESTED— DECEMBER 03, 2002 JOHN SWEE EK CLEC OF THE BOARD OF SUPERVISORS AND COUNTY AOMINIST RATOR cc:P.HUN*ORC DEPUTY K ORC BY, P.ANW11,Court" C,37 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR DATE: December 3, 2002 741 SUBJECT: ADOPT Resolution No. 2002/ accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, LP012061, Byron area.(District III) Project No. 7394- 6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8r.BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT Resolution No. 2002/741 accepting the attached Engineer's Report for a lighting assessment on the parcels in LPO 12061 to be annexed into County Service Area L-100. 2. FIXING a Public Hearing for February 11, 2003 at 9:30 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: 4, SJ 4�,� RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ;?APPROVE OTHER SIGNATURE(S): ACTION OF BOA N DECEMBER J i PROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS Xx UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct copy of AYES: NOES: an action taken and entered on the minutes of the ABSENT: ABSTAIN: Board of Supervisors on the date shown. JR:sr G:\GrpData\SpDist\Board Orders\2002\12 December\12-03-02 BO-LP012061.doc ATTESTED: DECEMBER 03, 2002 Orig.Div:Public works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors Contact: Skip County perlyAdm(313-2253) 3} and County Administrator cc: County Administrator Assessor Auditor-Controller Community Development BY Deputy uty County Counsel , J.Rushton,Special Districts 741 �. SUBJECT: ADOPT Resolution No. 20021*** accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, LP012061, Byron area.(District III) Project No. 7394- 6X5001 DATE: December 3, 2002 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 LP012061, 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 3, 2002,by the following vote: AYES: SUPERVISORS UILKMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/741. SUBJECT: ADOPT Resolution No. 2002/ 741 accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, LP012061, Byron area.(District III) Project No. 7394- 6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing LP012061 (the"Development") consisting of 3 parcels,more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 3 parcels. 2. On November 4, 2002 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 2002/2003 (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. 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. JR:sr DECEMBER 03 2002 ti:\t3tpData�SpDistlBoatd Orders\2002\12 December<12-03-42 HO-I,P012061.doc ATTESTED: � brig.Illy: Public Works(Special Districts) Contact: Skip Epperly(313-2253) JOAN SWEETEN,Clerk of the Board of Supervisors and County CC: County Administrator Administrator Assessor Auditor-Controller `Y,��,.. Community Development By_ v Deputy County Counsel r J.Rushton,Sp.Dist, RESOLUTION NO.20o2/ 741 ' SUBJECT: ADOPT Resolution No. 2002/ 741 accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, LP012061, Byron area.(District III) Project No. 7394- 6X5001 DATE: December 3, 2002 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 9, 2002. 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 February 11, 2003 at 9:30 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. 2002/741 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGATING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address 1 003-140-009 Roman Catholic Bishop of Oakland 2900 Lakeshore Ave Oakland, CA 94610 2 003-140-010 Roman Catholic Bishop of Oakland 2900 Lakeshore Ave Oakland, CA 94610 3 003-140-011 Roman Catholic Bishop of Oakland 2900 Lakeshore Ave Oakland, CA 94610 **** 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. 5.0 Street Lighting Factors/Parcel. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2002/2003 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 X111D, 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: q0�''� By: Heather enger Assistant Public Works Director RCE No. 41746 1� COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LP012061 Parcel .Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 04/05 1 003-140-009 Institutional 5.0 $74.70 1 003-140-010 Institutional 5.0 $74.70 1 003-140-011 Institutional 5.0 $74.70 11 Fund `fax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $542,099.52 36,285.11 Proposed CSA L-100 $14.94 $224.10 15.00 Annexation New CSA L-100 $14.94 $542,323.62 36,300.11 Totals Notes: 1) 15.0 Street Lighting Factor Units at$14.94 each=$224.10 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2002/2003 Tax Roll and approved by the Board of Supervisors on July 9, 2002. ASSESSMENT DIAGRAM OF LP012061 Contra Costa County County Service Area L-100 Street Lighting District (Place copy of map here) EXHIBIT 'B' CAMINO DIABLO POB S89'54'40"W 370.00' �r C) gg ri w 41 5OR C m 40 a ems+ v ca _ 1 AREA = 10.12 ACRES LINE TABLE LO NO.1 BEARING ILENGTH —C" 2000-0113193 OR ' L1 'S89'54'40"W 9.03' F; «, C) 00 'n N c� cD SCALE: 1"=200' 2000-0113193 OR N89'54'40"E 365.55' PLAT To ACCOMPANY LEGAL DESCPJPTION ANNEXATION TO CSA L-100 LIGHTING DISTRICT ST. ANNE'S CATHOLIC CHURCH CONTRA COSTA COUNTY, CALIFORNIA OCTOBER 18, 2002 Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS - SURVEYORS • PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 JOB NO. 1015-01 G:\1 01 5\ACAD\PLAT\PLAT004.DWG 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$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. 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, 945534897. Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition is 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 13, 2003 or you may hand carry your ballot to the Public Hearing on February 11, 2003. 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 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. 14 Public Hearing The hearing will be held on February 11, 2003 at 9:30 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. On July 9, 2002, as an attachment to Resolution 02/425, 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 2002/2003". 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/ Chane On CSA L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $74.70 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed$74.70 in Fiscal Year 2004/05. 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. ;1 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 003-140-009 003-140-010 &003-140-011 Annexation of. LP012061 Record Owner: Roman Catholic Bishop of Oakland 2900 Lakeshore Ave Oakland, Ca 94610 'Y'es, I approve of the proposed annual assessment of$74.10 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$74.10 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels, Date TO: BOARD OF SUPERVISORS ✓ � E , FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 3, 2002 SUBJECT: ADOPT Resolution No. 2002/ 742 accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010021, Lafayette area.(District II)Project No. 7394- 6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT Resolution No. 2002/ 742 accepting the attached Engineer's Report for a lighting assessment on the parcels in MSO 10021 to be annexed into County Service Area L-100. 2. FIXING a Public Hearing for February 11, 2003 at 9:30 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. C,optinned on Attachment!X SIGNATUREt. '41 0LQ1 RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE—APPROVE OTHER SIGNATURES : ACTION OF BOON DECEMBER 3, 20010PROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT None I hereby certify that this is a true and correct copy of an AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. JR:sr ATTESTED: DECEMBER 03, 2002 G:\GrpData\SpDist\Board Orders\2002\12 December\12-03-02 BO-MS010021.doc Orig.Div:Public Works(Special Districts) JOAN SWEETEN,Clerk of the Board of Supervisors and Contact: Skip Epperly(313-2253) County Administrator cc: County Administrator Assessor Auditor-Controller By Community Development Deputy T County Counsel J.Rushton,Special Districts 742 SUBJECT: ADOPT Resolution No. 2002/*** accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010021, Lafayette area.(District 111)Project No. 7394- 6X5001 DATE: December 3, 2002 PAGE: 2 II. Financiallm-pact: 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. Conseauences of Negative Action: This project will not be in compliance with the Conditions of Approval for MS010021, and an alternative means to finance public right of way street lighting would have to be found. w w;r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER,, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 742 SUBJECT: ADOPT Resolution No. 2002/742 accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010021, Lafayette area.(District II) Project No. 7394- 6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing MSO 10021 (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 4 parcels. 2. On November 4, 2002 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 XIS 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 2002/2003 (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. F hereby certify that this is a true and correct copy of an action taken and JR:sr entered on the minutes of the Board of Supervisors on the date shown. G:\GrpData\SpDist\Board Orders\2002\12 December�12-03-02 EO-MS010021.doc DECEMBER 03 2002 Orig.Div: Public Works(Special Districts) ATTESTED: i Contact: Skip Epperly(313-2253) cc: County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and County Assessor Administrator Auditor-Controller Community Development *430-4 County counsel By ,Deputy J.Rushton,Sp.Dist. {/ RESOLUTION NO.2002/742 742 SUBJECT: ADOPT Resolution No. 2002/*** accepting the Engineer's Report and fixing a public hearing for February 11, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010021, Lafayette area.(District II) Project No. 7394- 6X5001 DATE: December 3,2002 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 9,2002. 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 February 11, 2003 at 9:30 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 N0. 2002/742 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 1 166-220-077 Vincent J. D'Alo &Christopher Wright 21 Tiana Terrace Lafayette, CA 94549 **** 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. 1.00 Street Lighting Factors/Parcel. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2002/2003 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 MID, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 25210.1 et seq.) and Division 1412 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. Dated: ` ' By: death allenger Assistant Public Works Director RCE No. 41746 rr r�tr , COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM MS010021 Parcel Assessor's Parol Description Factor Unit Proposed Number Assessment F1'04/Oa 1 166-220-077 Single Family 1.0 $14.94 Fund Tax Bill Basic Street Total Dollars Factor Units LiteralLighting Charge 2401 CSA L-100 $14.94 $542,099.52 36,285.11 Proposed CSA L-100 $14.94 $59.76 4.00 Annexation New CSA L-100 $14.94 $542,159.28 36,289.i 1 Totals Notes: 1)4.0 Street Lighting Factor units at$14.94 each=$59.76 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2002/2003 Tax Roll and approved by the Board of Supervisors on July 9,2002. ASSESSMENT DIAGRAM OF MS010021 Contra Costa County County Service Area L-100 Street Lighting District (Place copy of map here) 50 GRAPHIC SCALE0 25 50 1 INCH= 50 FT. U ^°`�� ,� bb � (} �o � o 15J , ✓ X33' 0 ., ~ A•, Col . 0 61 00 � CO cc w ;�, "'c, z co 00 C) r N ,�� �C) S61'59'3411W 27.77' (T) CA r� CD t" �' NL�J_�I z'�� u7 � G7 0 (A Lr-0 L-) 1 ;0 111 C'I IBJ Z CD ' CD tC) 1 1/2" I.P. & TAG RCE 11891 C 00 FOS FOB N51'31'31" " 163.40)' G � 145.20 140.21' >�151`31`31W y11H1� Subject --LAECO ANNEXATION__ f PLANNERS 1390 SOUTH MAIN STREET ) t SUITE 310 » - r" CIVIL ENGINEERS WALNUT CREEK, CA, 94595 Job No. 201028 -- SCALE 1"50' SURVEYORS (925) 476-2300 B RJB Dote —11-04-202 Chkd. RC ALIQUOT Y I Q T 7 O T FAX (925) 476-2350 y �-------- - --- Ll 11 LJ 1 SHEET _1____ OF __1 __ DRAWING: Y:\2010287PLOTPLANS\LAFCOANNEXDWG DATE: 11-04-2002 XREF': MSTRSITE EXHIBIT C A 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$59.76 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 AssessmentFund Allow? The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way. Haw 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 13, 2003 or you may hand carry your ballot to the Public Bearing on February 11, 2003. Ballots received after the close of the Public Dearing 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 ballet 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. �f Public Hearing The hearing will be held on February 11, 2003 at 9:30 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. On July 9, 2002, as an attachment to Resolution 2002/425, 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 2002/2003". 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 2004/05. Methodolozv for Calcuiatine Street Liahtine 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. P EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 166-220-077 Annexation of. MS010021 Record Owner: Vincent J. D'Alo and Christopher Wright 21 Tiana Terrace Lafayette, CA 94549 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