HomeMy WebLinkAboutMINUTES - 12162003 - C16 .............................................................I.............................I..........I.........................I......................................
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TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 16, 2003
SUBJECT: ADOPT Resolution No. 2003/7 8 8accepting the Engineer's Report for County Service Area L-
100, LP 012142 and fixing a hearing for February 3, 2004 at 9:30 a.m. to consider levying an
assessment for additional parcels to be annexed,Alamo area. (District 111) Project 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT Resolution No. 2003/7 8 8 accepting the attached Engineer's Report for a lighting
assessment on the parcels in LP 012142 to be annexed into County Service Area(CSA)L-100.
2. FIX a Public Hearing for February 3, 2004 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 an Went:X
_✓12ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
OROVE OTHER
SIGNATURE(S):
ACTION OFBOAR DEC. 16/03 APPROVED 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 NONE
AYES: NOES: ATTESTED: DECEMBER 16, 2003
ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and
County Administrator
G:\GrpData\SpDist\Board Orders\2003\12-16-03 BO-LP012142.doc
Orig.Div:Public Works(Special Districts) By Z&946�
Contact: Skip Epperly(313-2253) Deputy 001,
ee: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
Dante Morabe,Sp.Dist.
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SUBJECT: ADOPT Resolution No. 2003/7�bkcepting the Engineer's Report for County Service Area L-
100, LP 012142 and fixing a hearing for February 3, 2004 at 9:30 a.m. to consider levying an
assessment for additional parcels to be annexed, Alamo area. (District III) Project 7394-6X5001
DATE: December 16, 2003
PAGE: 2
11. Fiscal Impact:
There will be no impact to the County General Fund. All costs will be covered with revenue from the
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 Neeative Action:
This project will not be in compliance with the Conditions of Approval for LP 012142, and an
alternative means to finance public right of way street lighting would have to be found.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2003/ 788
SUBJECT: ADOPT Resolution No. 2003/ 788accepting the Engineer's Report for County Service Area L-
100, LP 012142 and fixing a hearing for February 3, 2004 at 9:30 a.m. to consider levying an
assessment for additional parcels to be annexed, Alamo area. (District III) Project 7394-6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing LP 012142 (the"Development") consisting of one (1) parcel,
more specifically described in Exhibit A.
2. On November 10, 2003 the applicant for the Development submitted a request to the Department
of Public Works for inclusion of the Development into County Service Area (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 2003/2004 (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.
Y
G:K"irpDatalSpDisilBoard flrders\2003\12-16-03 BO-LPOi 2142.dac hereby certify that this is a true and correct copy of an action
Orig.Div: Public Works(Special Districts) taken and entered on the minutes of the Board of Supervisors on
Contact: Skip Epperly(313-2253) the date shown.
Cc: County Administrator
Assessor
Auditor-Controller ATTESTED: DECEMBER 16, 2003
Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
Courtly Counsel Administrator
D.Morabe,Sp.Dist.
By 7 7 - ,Deputy
RESOLUTION NO.2003/ 7 8 8
SUBJECT: ADOPT Resolution No. 2003/ 78Faccepting the Engineer's Report for County Service Area L-
100, LP 012142 and fixing a hearing for February 3, 2004 at 9:30 a.m. to consider levying an
assessment for additional parcels to be annexed,Alamo area. (District II)Project 7394-6X5001
DATE: December 16, 2003
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July
8, 2003. 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 3, 2004 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 Warks
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.
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EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcels Assessor's Parcel Number Owner's Name/Address
197-090-003* San Ramon Valley United
Methodist Church
902 Danville Blvd.
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.
"Please see Engineer's Report Addendum to determine the number of Factor Units for this parcel.
. ...........................................................................................................................................................
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EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2003/2004
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 previsions of Article XM,
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• iz i;%,3 By: C r'i C, . 4,l
41)�; Heather Ballenger 2c=Ive. Y 711-
Assistant Public Works Director
RCE No. 41746
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COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
LP 012142
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 04/05
1 197-090-003 Church 5 $74.70 -
Fund Tax Bill Basic Street 'notal Dollars Factor Units
Literal Lighting.Charge
2401 CSA L-100 $14.94 $548,195.48** 36,690.00**
Proposed CSA L-100 $14.94 $74.70* 5*
Annexation
New CSA L-100 $14.94 $548,456.93 36,695.00
Totals
Notes:
* Factor Units at$14.94 each(5.00 Factor units X$14.94=$74.70)
** Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2003/2004 Tax Roll and
approved by the Board of Supervisors on July 8, 2003.
ASSESSMENT DIAGRAM OF
LP 012142
Contra Costa County
County Service Area L-100 Street Lighting District
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EXHIBIT"A!'
LEGAL DESCRIPTION
APORTION C)FTHE RANCHO SAN RAMONSITUATE |NTHE CITY OFDANV|LLE. COUNTY
OFCONTRA COSTA, STATE OFCALIFORNIA, DESCRIBED A0FOLLOWS:
BEING ALL OFPARCELS ONE, TWO AND THREE AS SAID PARCELS ARE DESCRIBED |N
THAT CERTAIN GRANT DEED TDSAN RAJNON VALLEY UNITED METH()|D|STCHURCH
RECORDED ON DECEMBER 14, 2000. AS DOCUMENT NUK8EBR2O0O-028O537. CONTRA
COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AGFOLLOWS:
BEGINNING AT THE WESTERLY CORNER OF SAID PARCEL ONE AND ON THE
CENTERLINE OFDANV|LLE8OULVARD'
'
THENCE ALONG THE NORTHWESTERLY LINE OFSAID PARCEL ONE, NORTH 46-36'00"
EA8T, 485'30 FEET TOTHE NORTHERLY CORNER OF SAID PARCEL ONE AND THE
CENTERLINE OFSAN RAMC)NCREEN'
.
THENCE ALONG THE NORTHEASTERLY LINES OFSAID PARCELS ONE AND TWO AND
THE CENTERLINE OFSAN RAKXt]NCREEK THE FOLLOWING FOUR COURSES:
1. SOUTH 47'45'UO~ EAST, 81.84FEET;
2. SOUTH 37^O5'DO^ EAST, 184.8OFEET;
3. SOUTH 75^5G130~EAST, 122.7GFEET AND;
4. SOUTH 3G*15'00^ EAST, 31.11FEET TOTHE EASTERLY CORNER OFSAID PACEL TWO
AND THE NORTHERLY CORNER(JFSAID PARCEL THFYEE'
'
THENCE ALONG THE EASTERLY LINES (}FSAID PARCEL THREE THE FOLLOWING SIX
COURSES:
i. SOUTH 32»22'OO^WEST, 75.47FEET;
2. SOUTH 7^21'0O^ EAST, 57.2OFEET;
3. SOUTH 82o3O'DO''WEST, GG.28FEET;
4. SOUTH 33"42'0OrWEST, 114.G2' FEET;
5. SOUTH 5Ov45'O0^WEST, 11G.GOFEET AND ;
6. SOUTH O024T0" WEST, 14O.82FEET TOTHE SOUTHERLY CORNER OFSAID PARCEL
THREE AND THE CENTERLINE OFSAID DANV|LLEBQULEVAFlD'
.
THENCE ALONG THE SOUTHWESTERLY LINES OF SAID PARCELS ONE, TWO AND
THREE AND THE CENTERLINE {}FSAID DANV|LLEBOULEVARD THE FOLLOWING TWO
COURSES:
1. NORTH 42*O0'0U"VVE8T, 11D.3OFEET AND;
Z:\2001\AO1616\D0C8VAO1616CHURCH.duc
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2. NORTH 46020'00" WEST, 446.64 FEET TO THE POINT OF BEGINNING OF THIS
DESCRIPTION.
CONTAINING 216,364 SQUARE FEET(4.9670 ACRES ), MORE OR LESS.
KIER&WRIGHT CIVIL ENGINEERS &SURVEYORS, INC.
Cr t -7/C-J-S
ROBERT HUNT, L.S. 7952 DATE'
LICENSE EXPIRES 12-31-03 ND
ROBERT G.HUNT
Exp-12-31-03
No.7952
END OF THIS DESCRIPTION-
Z:\2001\AO1616\DOCS\AO1616CHURCH.doe
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30' 30' APN 197-090-013 scole 1 80 ------------.I T"
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PCL ONE 17
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ROBERT G.HUNT
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AVENUE Exp.12-31-03
No.7952 ti ay"
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30' 130' [— — - - — - -
Z:\200ll\A01616\PLATS\RGH,clwg _ 11/17/03 10:07:05 am
KIER & WRIGHT EXHIBIT SCALE ao,
CIVIL ENGINEERS & SURVEYORS, INC. ATE NOVEMBER 2003
1233 Ouarry Lan#, Sulf* 145 Phon* (923) 249—OM ANNEXATION
Pleasanton. COWOMIG 94566 Fax (925) 249-6553 BY RGH
— -- JOB NO. A01616
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11-14-03 Page 1
SAN RAMON VALLEY UNITED METHODIST CHURCH CLOSURES
COORDINATE FILE A01616.CRD
MAP CHECK #2 - SET INVERSE
SET #4 church property
FROM BEARING/ANGLE DISTANCE TO NORTH EAST ELEV
101 5265.117 9401.451
101 NE 46 36100" 465.30 104 5584.819 9739.526
104 SE 47 45100" 81.84 105 5529.793 9800.105
105 SE 37 35100" 184.80 108 5383 .345 9912.817
108 SE 75 55100" 122.76 109 5353 .473 10031.887
109 SE 36 15 '00" 31.11 110 5328.385 10050.283
110 SW 32 22100" 75.47 92 5264.640 10009.881
92 SE 07 21100" 57.20 93 5207.910 10017.199
93 SW 62 30100" 66.28 94 5177.305 9958.408
94 SW 33 42100" 114.52 71 5082.030 9894.867
71 SW 50 45100" 115.60 72 5008.889 9805.347
72 SW 00 24100" 140.82 73 4868.072 9804 .364
73 NW 42 00'00" 119.30 118 4956.729 9724.537
118 NW 46 20100" 446.64 101 5265.117 9401.451
CLOSURE:
101 NE 00 00'00" 0.00 101 5265.117 9401.451
ERROR: 0.000 0.000
PERIMETER AREA (sq A) AREA (acres)
2021.640 216363 .7398 4.9670
ROBERT G.HUNT
Exp-12-31-03
No.7952
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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?
The parcel is assessed a Factor of 5, derived from the Land Use Code, based on base rate of$14.94 per Factor
Unit. The total amount levied by the assessment, with regards to this development is approximately$74.70 per
year(5 factor units X$14.94)
Why should you Vale?
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 9, 2004 or you may hand
carry your ballot to the Public Hearing on December 2, 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, is 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.
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Public Hearing
The hearing will be held on February 3, 2004 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 8, 2003, as an attachment to Resolution 03/432, 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
2003/2004". 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/Charee 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 multiplied by the number of Factor Units for that parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed$14.94 per Factor Unit in Fiscal Year 2004/05.
Methodolmy for Calculatins!Street,Liahtinp.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 D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 197-090-043
Annexation Of: LP 012142
Record Owner: San Ramon Valley
United Methodist Church
902 Danville Blvd.
Alamo, CA 94547
Yes, l approve of the proposed annual assessment of$74.70 on the parcel
identified in this ballot.
No, 1 do not approve of the proposed annual assessment of$74.70 on the
parcel identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date