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HomeMy WebLinkAboutMINUTES - 01112005 - 2005 RES 36 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 11,2005 by the following vote: AYES: SUPERVISORS GIOIA., PTP-P . GLOVER, DESAULNIER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: RESOLUTION NO.2005/ 36 SUBJECT: ADOPT Resolution No. 2405/ 36 accepting the Engineer's Report for County Service Area L- 144, LP 04-2037 and fixing a hearing for March 1, 2405 at 9:34 a.m. to consider levying an assessment for additional parcels to be annexed, Walnut Creek area.. (District RD Project No. 7394-6X5041 The Board of Supervisors of Contra Costa County FRS DS THAT: 1. The County is currently processing LP 04-2037(the"Development") consisting of one(1)parcel, more specifically described in Exhibit A. 2. On December 2, 2044 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-140. 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-144, the parcel(s) 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 parcel(s) 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 XMD of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcel(s) 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 2004/2045 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.642 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 DM:sr the date shown. 6:1GrpDatalSpDist1Board Orders,20MOI-11-05 BO LP 04-2037(Fixing)Aoc Orig.Div: Public Works(Special Districts) Contact: Eileen Doten(313-2253) ATTESTED: JANUARY 1.1., 2405 M. County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and County Assessor Auditor-Controller Administrator Con mtmrity Development County Counsel D.Morabe,Sp.Dist. BY s Deputy RESOLUTION NO.2005/ 36 SUBJECT: ADOPT Resolution No. 2005/ 36 accepting the Engineer's Report for County Service Area L- 100, LP 04-2037 and fixing a hearing for March 1, 2005 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Walnut Creep area. (District III) Project No. 7394-6X5001 DATE: January 11, 2005 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 13,2004. 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 parcel(s) 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 March 1, 2005 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 Department 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. 11ESOLtITION NO. 2005/36 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 Hillside Covenant Church 1 184-331-033 2060 Magnolia Way Walnut Creek, CA 94595 * The new Assessor's Parcel Numbers are not available at this time. New Assessor's 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. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2004/2005 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 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 he is a professional engineer,registered in the State of California. Dated: Z Z By: Eric Whan Senior Civil Engineer RCE No. 47972 ! J s .47t .x:1 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LP 04-2037 Parcel Assessor's Parcel Description Factor Unit Proposed .Number Assessment FY 04/05 1 184-331-033 Institutional- 5 $74.70 Church Fund Tax lBill Basic Street Total Dollars Factor Units Literal i4A-d—ni Charge 2401 CSA L-100 $14.94 $548,195.48** 35,690.00** Proposed CSA L-100 5 $74.70* 5* Annexation New CSA L-100 $74.70 $548,270.18 36,695.00 Totals Nates: * Factor Units at$14.94 each (5 Factor units x$14.94=$74.70) ** Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 2004/2005 Tax Roll and approved by the Board of Supervisors on July 13,2004. ASSESSMENT DIAGRAM OF LP 04-2037 Contra Costa County County Service Area L-140 Street Lighting :District .,� It r �. VOx OOW Cis �* Ir o *now 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 (CSA) 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. Flow Much is the Assessment? The parcels are assessed a Factor of 1, 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 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 envelope or deliver it in person to the Contra.Costa.County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to January 25, 2045 or you may hand carry your ballot to the Public Hearing on March 1, 2005. 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 CSA L-100 Lighting District. The ballot maybe used to express either support for or opposition to the proposed CSA 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. ., 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 ballet 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 March 1, 2005 at 9:30 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 fine 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 13, 2004, as an attachment to Resolution No. 04/356, 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 2004/2005". That report recommends levying of a street lighting charge as provided in the CSA 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 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 2005/2006. 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 CSA is based upon several factors,such as (1) cost required to pay the Pacific Cas &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 CSA L-100 Lighting District. EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 184-331-033 Annexation Of. LP 04-2037 Record Owner: Hillside Covenant Church 2060 Magnolia Way Walnut Creep, Ca. 94595 Yes, I approve of the proposed annual assessment of$74.70 on the parcel identified in this ballet. No, I 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 Contra TO: BOARD OF SUPERVISORS Costa� FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR °. County DATE: January 11, 2005 SUBJECT: ADOPT Resolution No. 2005/ 36 accepting the Engineer's Report for County Service Area L- 100, LP 04-2037 and fixing a hearing for March 1, 2005 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Walnut Creek area. (District Iff) Project 7394- 6X5001 SPECIFIC REQUESTS)OR RECOMMENDATIONS)T BACKGROUND AND JUSTIFICATION Recommended Action: I. ADOPT Resolution No. 2005/ 36 accepting the attached Engineer's Report for a lighting assessment on the parcels in LP 04-2037 to be annexed into County Service Area(CSA)L-100. 2. FIX a Public Hearing for March 1, 2005 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: r .s9ECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER r SIGNATURES . ACTION OF BO ON JAN. 11/05 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 Supervisors on the date shown. VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ' ) AT I ESTER: JANUARY 11. 2005 AYES: NOES: JOHN SWEETEN,Clerk of the Board of Supervisors and ABSENT:_ _. ABSTAIN: County Administrator By ?B� > DM:sr Deputy ��' C.1OrpDaWSpDist\Board OtdersL2005101-1 1-05 BO LP 04-2037(Fixing).doc Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc. County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. SUBJECT. ADOPT Resolution No. 2005136 accepting the Engineer's Report for County Service Area L- 100, LP 04-2037 and fixing a hearing for March 1, 2005 at 3:30 a.m. to consider levying an assessment for additional parcels to be annexed, Walnut Creek area. (District M) Project 7334- 6X5001 DATE: January 11, 2005 PAGE: 2 Fiscal Impact• There will be no impact to the County General Fund. All costs will be covered with revenue from CSA L- 100. Reasons for Recommendations and Background: The developer is required by Condition of Approval to annex to the County's street light program, CSA L- 100, for continued maintenance and Operation of street lights. 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 Carder and Resolution complies with the requirements for new assessments under Proposition 218. Consequences of Nepative Action: This project will not be in compliance with the Conditions of Approval for LP 04-2037, and an alternative means to finance public right of way street lighting would have to be found.