HomeMy WebLinkAboutMINUTES - 12092008 - C.25 TO: BOARD OF SUPERVISORS Co
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR g ';uui 's Caste
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DATE: December 9, 2008.
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County
SUBJECT: ADOPT Resolution No. 2008/*** -accepting the Annexation Engineer's Report for County
Service Area (CSA) L-100, Land Use Permit 05-2069; as recommended by the Public Works
Director, , Antioch area. (County Service Area L-100 Funds) (District V) Project No.: 7394-
6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
ADOPT Resolution No. 2008/P,3accepting the attached Annexation Engineer's Report for a lighting
assessment on the parcels in Land Use Permit 05-2069 to be annexed into County Service Area (CSA) L-100.
FIX a Public Hearing for January 27, 2009 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.
DIRECT the Public Works Director, or designee, 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:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON GG. Of
JA41 APPROVED AS RECOMMENDED OTHER
V SUPERVISORS
UNANIMOUS(ABSENT�)
AYES: NOES:
ABSENT: ABSTAIN:
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G:\SpDist\Board Orders\2008\Board Orders 12-9-08\LP 05-2069 Board Reso(Fixing).doc I hereby certify that this is a true and correct copy of an
Orig.Div:Public Works(Special Districts) action taken and entered on the minutes of the Board of
Contact: Michelle Nue118(313-2286) Supervisors on the date shown.
cc: County Administrator
Assessor nn p
Auditor-Controller ATTESTED:[/«G�4S V Of A
Community Development DAVID TWA,Clerk of the Board of Supervisors and
County Counsel
County Administrator
By
Deputy
�3
SUBJECT: ADOPT Resolution No. 2008/*** accepting the Annexation Engineer's Report for County
Service Area (CSA) L-100, Land Use Permit 05-2069, as recommended by the Public Works
Director, Antioch area. (County Service Area L-100 Funds) (District V) Project No.: 7394-
6X5001
DATE: December 9, 2008
PAGE: 2
Fiscal Impact:
There is no impact to the County General Fund. All costs will be covered with revenue from CSA L-100
(100%).
Reasons for Recommendations and BacklZround:
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 streetlights. 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.
Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Land Use Permit 05-2069 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 9, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: ' None
ABSTAIN) None
RESOLUTION NO. 2008/ :Z3
SUBJECT: ADOPT Resolution No. 2008/ * accepting the Annexation Engineer's Report for County
Service Area (CSA) L-100, Land Use Permit 05-2069; declaring the intent to levy and collect
assessments and fixing a public hearing for January 27, 2009 to adopt the proposed annual
assessments and complete public noticing, as recommended by the Public Works Director,
Antioch area. (County Service Area L-100 Funds) (District V)Project No.: 7394-6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Land Use Permit 05-2069 (the "Development") consisting of one (1)
parcels, that is .92 acres and will be rezoned for commercial use.
2. On July 26, 2006 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 Section 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 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 2008/2009 (the "Engineer's Report") is attached as Exhibit B.
The Engineer's Report meets the requirements of a tentative report under Section 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
\
SpDis
G: taken and entered on the minutes of the Board of Supervisors on
G:\St\CSA l,-100WnnexationslForms173oard Reso(Fixing)-Fortn.doc
Orig.Div: Public Works(Special Districts) the date shown.
Contact: Michelle Parella (313-2286)
cc: County Administrator --� `
Assessor ATTESTED: Z P* t >/ 09, e
Auditor-Controller DAVID TWA,Clerk of the Board of Supervisors and County
Community Development Administrator
County Counsel
By y Deputy
RESOLUTION NO. 2008/ )'�3
SUBJECT: ADOPT Resolution No. 2008/*" accepting the Annexation Engineer's Report for County
Service Area (CSA) L-100, Land Use Permit 05-2069; declaring the intent to levy and collect
assessments and fixing a public hearing for January 27, 2009 to adopt the proposed annual
assessments and complete.public noticing, as recommended by the Public Works Director,
Antioch area. (County Service Area L-100 Funds) (District V) Project No.: 7394-6X5001
DATE: December 9, 2008
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 8, 2008.
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 January 27, 2009 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, or designee
mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit B to the record owners of
each parcel within the development. The ballot attached as Exhibit C shall be attached to the Ballot
Notice. A copy of the Engineer's Report is on file with the Public Works Department.
3. At the Hearing, the Board shall consider any objections or protests to the Assessment. Immediately after
the Hearing, the Public Works Department shall tabulate the ballots 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 Annexation Report for the Assessment; confirms the Annexation Report; and levies the
Assessment for the Fiscal Year referred to in the Engineer's Report.
RESOL UTION NO. 2008/
EXHIBIT A
CSA L-100 ANNEXATION ENGINEER'S REPORT
ANNEXATION ENGINEER'S REPORT FOR Land Use Permit 05-2069
CONTRA COSTA COUNTY
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2008/2009
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 XI11D,
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.
This Engineer's Report is for the annexation of territory. The Annual Engineer's Report was approved on July
8, 2009 by County Board of Supervisor's Resolution No. 2008/452.
Dated: t It 1 106 By: �-- -
Warren Lai
Senior Civil Engineer
RCE No. C61737, Expiration June 30, 2009
i
EXHIBIT A
CSA L-100 ANNEXATION ENGINEER'S REPORT
PROPERTY OWNER LIST & METHOD OF ASSEMENT FOR
Land Use Permit 05-2069
Parcels Assessor's Parcel Number Owner's Name/Address
One (1) 051-032-013-8 CHRIST RANDI W & CANI L
P.O. BOX 1163
BRENTWOOD, CA 94513
* 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.
Assessor's Parcel Proposed
Parcels Number Description Factor Unit Assessment
FY 08/09
1 051-032-013-8 Commercial 5.0 * 1.0 $74.70
fueling facility
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $593,835.12 39,748.00
Proposed
Annexation CSA L-100 $14.94 $74.70 5.00
New
Totals CSA L-100 $593,909.82 39,753.00
Notes:
1 Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 2008/2009
Tax Roll and approved by the Board of Supervisors on July 8, 2008.
2 Factor Units at $14.94 each(5 Factor Units x $14.94=$74.70).
EXHIBIT A
CSA L-100 ANNEXATION ENGINEER'S REPORT
ASSESSMENT DIAGRAM FOR ANNEXATION OF
Land Use Permit 05-2069
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EXHIBIT B
CSA L-100 ANNEXATION BALLOT NOTICE
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100
(Countywide Street Lighting District)
NOTICE OF PROPOSED ANNEXATION
BACKGROUND OF CSA L-100
On March 27, 1979 the Contra Costa Board of Supervisors approved County Ordinance 79-42 which formed
County Service Area L-100 (Countywide Street Lighting District). CSA L-100 was formed pursuant to the
County Service Area Law to ensure the proper flow of funds for the ongoing operation, maintenance and
servicing of street lighting in the public right-of-way throughout unincorporated Contra Costa county. Each
year thereafter an annual Engineer's Report has been approved and as properties develop, they have been
annexed into CSA L-100.
When your development was approved, there was a requirement (condition of approval) to annex the parce](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.
DESCRIPTION OF SERVICES
CSA L-100 provides for the ongoing operation, maintenance and servicing of the street lighting within the
public right of way in the unincorporated portions of Contra Costa County.
BASIS FOR CALCULATING ASSESSMENT
Each fiscal year the County Public Works staff will determine how much it will cost to operate and maintain the
above described Public Improvements within CSA L-100. These costs will be distributed proportionally to all
of the benefiting parcels within CSA L-100. 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 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. 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, Martinez, CA, 94553-4897.
DURATION OF ASSESSMENT
In order to operate and maintain the Public Improvements within the CSA L-100, the County plans to levy
assessments each fiscal year in perpetuity.
EXHIBIT B
CSA L-100 ANNEXATION BALLOT NOTICE
AMOUNT OF PROPOSED ASSESSMENT
A. Total CSA L-100 Assessment
The total Fiscal Year 2008/2009 annual charge for CSA L-100 is $593,835.12.
B. Individual Assessment
The total Fiscal Year 2008/2009 annual assessment for your parcel described above will be 5 commercial units
* $14.94= $74.70.
C. Maximum Assessment Rate
The maximum annual assessment that could be levied for CSA L-100 is $14.94 per basic unit for Fiscal Year
2008/2009.
PROCEDURES FOR COMPLETING THE BALLOT
Accompanying this notice is a ballot, along with a pre-addressed, postage paid return envelope. The ballot may.
be completed by the property owner(s) or their authorized representative and returned to Contra Costa County
to indicate the property owner's support for or opposition to the proposed increase in the maximum annual
charge. For your ballot to be counted, you must clearly mark the appropriate box, sign the ballot and return it
sealed in the enclosed envelope by the conclusion of the public input portion of the public hearing on January
27, 2009. Ballots may be returned either by mail or delivered to 255 Glacier Drive, Martinez, CA 94553 by the
close of the public input portion of the public hearing. If returning your ballot by mail, please allow sufficient
time for delivery, so that the County receives your ballot by January 27, 2009.
INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE
The County Board of Supervisors will hold a public hearing on January 27, 2009, to hear testimony regarding
the proposed assessment, to accept ballots, and to determine whether there is a majority protest for or against
the assessment annexation. The public hearing, which will begin at 9:30 a.m., will be held at the Board of
Supervisors Chambers, located at 651 Pine Street, Martinez, California.
All ballots, which are returned to Contra Costa County by the conclusion of the public hearing, will be
tabulated and weighted according to the proportional financial obligation of the affected property. If upon
completion of the public hearing and tabulation of the ballots, the County Board of Supervisors determines that
a majority of the ballots cast, weighted by financial obligation, opposes the increase in the annual charge, the
annexation will not be imposed.
Respecting the constitutional right to privacy, Contra Costa County will strive to keep the ballot information
confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing
on January 27, 2009.
QUESTIONS REGARDING THESE PROCEEDINGS
If you have any questions about the proposed increase in the annual charge or this process, please contact
Jennifer White at (925) 867-3400.
OFFICIAL PROPERTY OWNER BALLOT
CONTRA COSTA COUNTY CSA L-100
(Countywide Street Lighting District)
Yes, I SUPPORT the proposed annual assessment of$14.94 per benefit unit on each of
the parcel(s) identified in this ballot.
FNo, I OPPOSE the proposed annual assessment of$14.94 per benefit unit on each of the
parcel(s) identified in this ballot.
Property Owner Name(s): CHRIST RANDI W & CANI L
Annexation of: Land Use Permit 05-2069
Property Address or Description: 3050 Wilbur Avenue, Antioch, CA
Assessors Parcel Number(s):051-032-013-8
I hereby certify under penalty of perjury that I am the legal property owner and/or person entitled
to execute this ballot for the property shown above in these proceedings.
Dated:
Signature
Printed Name of Property Owner/Representative
Once you have voted and signed this ballot, please place the ballot in the enclosed pre-paid, self-addressed
return envelope. Your ballot will not be counted if you have not voted, signed the ballot,sealed the envelope
and mailed or delivered it to Contra Costa County Public Works Department, Attention: Michelle Parella,
located at 255 Glacier Drive,Martinez,CA 94553. All ballots must be received prior to the conclusion of the
public input portion of the Public Hearing, which will be held on January 27, 2009, starting at 9:30 a.m., at
the Contra Costa County Board of Supervisors Chambers,651 Pine Street,Martinez,CA.
HEARING CONFIRMATION FORM
Hearing Date: January 27, 2009 at 9:30 a.m.
Name of Person Phoning to Request Hearing: Angela Bell Phone No.: 313-2170
Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff
on:
Agenda Language (how it will read on the calendar):
ADOPT Resolution No. 2008/*** accepting the Annexation Engineer's Report for County
Service Area (CSA) L-100, Land Use Permit 05-2069; declaring the intent to levy and collect
assessments and fixing a public hearing for January 27, 2009 to adopt the proposed annual
assessments and complete public noticing, as recommended by the Public Works Director,
Antioch area. (County Service Area L-100 Funds) (District V) Project No.: 7394-6X5001
Anticipated length of the hearing: 5 minutes or less X or more
Is it controversial? Yes No X
Noticing Requirements: N/A
Code Section:
Publication Requirements: #of times N/A#of days before hearing N/A
Who is to Publish the Notice? COB N/A PWD N/A
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by
Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of
Supervisors.
If posting of notice is required, who will post? N/A
If mailing the notice is required, who will provide the clerk with the correct mailing list and
labels? N/A
When will this "fix hearing item"be listed on the Board agenda as a consent item?
December 9, 2008
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cc: J.Waters,Administration