HomeMy WebLinkAboutMINUTES - 01112005 - C.11 g..._..... Contra
TO: BOARD OF SUPERVISORS
Costo
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR •,
County
DATE: January 11, 2005
SUBJECT: ADOPT Resolution No. 2005/ 37 accepting the Engineer's Report for County Service
Area L-100, LP 04-2059 and fixing a hearing for March 1, 2005 at 9:30 a.m. to consider levying
an assessment for additional parcels to be annexed, North Richmond area. (District 1) Project
7394-6.X5001
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
1. ADOPT Resolution No. 2005/ 37 accepting the attached Engineer's Report for a lighting
assessment on the parcels in LP 04-2059 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:
,,ItECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES . . -
ACTION OF B •A D ON JAN, 11, 2005 APPROVED AS RECOMMENDED xx OTHER
t
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 ) ATTES'T'ED: JANUARY 11., 2005
AYES: NOES: JOHN SWEETEN,Clerk of the Board of Supervisors and
ABSENT: ABSTAIN: County Administrator
By '
DM:sr
Deputy
G:\GrpData\SpDist\Board Orders\2005\0 I-11-05 BO LP 04-2059(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. 2005/ .37 accepting the Engineer's Report for County Service
Area L-100, LP 04-2059 and fixing a hearing for March 1, 2005 at 9:30 a.m. to consider levying
an assessment for additional parcels to be annexed, North Richmond area. (District I) Project No.
7394-6X5001
DATE: January 11, 2005
PAGE: 2
II. Fiscal Imp act:
There will be no impact to the County General Fund. All costs will be covered with revenue from the
CSA L-100.
III. 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 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 LP 04-2059, 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 January 11, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER., DESAULNIER ANIS UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2005/ 37
SUBJECT: ADOPT Resolution No. 2005/ 37 accepting the Engineer's Report for County Service
Area L-100, LP 04-2059 and fixing a hearing for March 1, 2005 at 9:30 a.m. to consider levying
an assessment for additional parcels to be annexed, North Richmond area. (District I) Project No.
7394-6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing LP 04-2059 (the "Development") consisting of eight (S)
parcels, more specifically described in Exhibit A.
2. On December 2, 2004 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 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 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 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 2004/2005 (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
DM:sr
G:\GtpDatalSpDist\Board Orders12005\01-11-03 BO LP 042059(Fixing).doc the date shown.
Orig.Div: Public Works(Special Districts) c
Contact: Eileen Doten(313-2253) ATTESTED: .JANUARY 11, 2005
ee: county Adn,,,istrator JOHN SWEETEN Clerk of the Board of Supervisors and Count
Assessor � p y
Auditor-Controller Administrator
Community Development
County Counsel
D.Morabe,Sp.Dist. By__-- — Deputy
RESOLUTION NO.2005/ 37
SUBJECT: ADOPT Resolution No. 2005/ 37 accepting the Engineer's Report for County Service
Area L-100, LP 04-2059 and fixing a hearing for March 1, 2005 at 9:30 a.m. to consider levying
an assessment for additional parcels to be annexed, North Richmond area. (District I) 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.
RESOLUTION NO. 2005/37
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
BCC Properties, LLC
1 408-170-014 130 Petaluma Drive
Sebastopol, CA 95472
2 408-170-017 Same As Above
3 408.170-024 Same As Above
4 408-170-046 Same As Above
5 408-170-048 Same As Above
6 408-170-049 Same As Above
7 408-170-050 Same As Above
8 408-170-051 Same As Above
* 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.
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 XII11),
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: 1 zhw By.
Eric Whan
Senior Civil Engineer
RCE No. 47972
0"
ex-
7
Is,
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
LP 04-2059
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 04/05
1 408-170-014 Industrial 5 $74.70
2 408-170-017 Industrial 5 $74.70
3 408-170-024 Industrial 5 $74.70
4 408-170-046 Industrial 5 $74.70
5 408-170-048 Industrial 5 $74.70
6 408-170-049 Industrial 5 $74.70
7 408-170-050 Industrial 5 $74.70
8 408-170-051 Industrial 5 $74.70
Fund Tax Bill Basic Street Total DollarsFactor Units
Literal Li titin Char e
2401 CSA L-100 $14.94 $548,195.48** 36,690.00**
Proposed CSA L-100 40 $597.60* 40*
Annexation
New CSA L-100 $597.60 $548,793.08 36,730.00
Totals
Notes:
* Factor Units at$14.94 each(5 Factor units X$14.94 X 8 (#of parcels)_$597.60)
** '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 04-2059
Contra Costa County
County Service Area L-100 Street Lighting District
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1.47,E Ac.,
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MAP & INFO FOR 1880 GARDEN TRACT RD.
AP#'s
408-170-014-0
408-170-017-3
408-170-024-9
408-170-046-2
408-170-048-8
408-170-049-6
408-170-050-4
408-170-051-2
Total site area=4.61 Acres (200,768 Sq Ft)
Number of Buildings = 4
Gross Building Area = 33,470 Warehouse + 3,000 Office = 36,470 Sq Ft
Current Zoning--P-1, Planned Unit Development
Uses permitted—A wide variety of light industrial &warehouse uses
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.
How Much is the Assessment?
The parcels is 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$597.60 per
year(40 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,
94553-4897.
Method o,f 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, 2005 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.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 Dearing
The hearing will be held on March 1, 2005at 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 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/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 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.
Methodolozy for Calculating Street Liehting 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.: 408-170-014, 017, 024, 046, 048, 049, 050 and 051
Annexation Of: LP 04-2059
Record Owner: BCC Properties,LLC.
130 Petaluma Drive
Sebastopol, CA 95472
Yes, I approve of the proposed annual assessment of$74.70 on each of the
parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of$74.70 on each
of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date