HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-288 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 3, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 971 8
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A
PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR
ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING
DISTRICT, SUBDIVISION 7003, OAKLEY AREA.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 7003 (the "Development") consisting
of twelve (12) parcels, more specifically described in Exhibit A.
2. On April 1, 1996 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 1997/98 (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.
6. The Board has adopted the Engineer's Report for the Countywide Street Light
Program on July 9, 1996. 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.
RESOLUTION NO. 9712U_
I
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on July 22, 1997 at 10:30
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"Notice") attached
as Exhibit C to the record owners of each parcel within the development. The ballot (the
"Ballot") attached as Exhibit D and the Engineer's Report shall be attached to the
Notice.
3. The Board directs the Clerk of the Board to give written notice of the Hearing
pursuant to Section 6066 of the Government Code.
4. 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 protests 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.
5. If there is no Majority Protest, the Board may adopt a resolution which: confirms the
Engineers 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 Engineers 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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g:\Eng Svc\SpD!st\.Sub7003R*s.tS
Orig.Dept., Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator I he"owft that ft Is a trua and
so ACKM taken and en*W on ft =*740
Assessor good of supstvious on#*0*stw4m.
Audgor-Controllor -hine 3, 1997
Community Development j6 SATC44ELOA.'Cterk of"bWd
County Counsel et Suparvisora and Cooly AdMWWOW
C/
RESOLUTION NO. 971. 288
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-180 STREET LIGHTING DISTRICT
Property Owner's List
ParcelsSassor I e + 1 N umber C wn s �NSI rte Ad fress
1 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
2 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
3 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
4 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
5 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
6 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
7 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
8 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
9 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
10 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
11 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
12 041-100-023**** West Coast Home Builders
4021 Port Chicago Highway
Concord CA 94524
****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.
Twelve (12) Single Family Dwelling Units
RESOLUTION NO. 97/7-RR
EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1997/98
RESOLUTION NO. 97/ 88 _
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SUBDIVISION 7003
I $ cel seesi r'is Arc
®e r r p#lon t5' otcar ilt 'rap+bsrl d
Nuirnbir' seessrr�errk'
IFY
199, 1Si
1 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
2 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
3 041 -100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
4 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
5 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
6 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
7 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
8 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
9 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
10 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
11 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres (2.145 Hectares)
12 041-100-023 Within Subdivision 7003 Totaling 5.3 1.0 $14.94
Acres 2.145 Hectares
fund "1'ax< III Bei TQt dol.areaitern #e
.191`1 Li t>�ifriiIV
2401 CSA L-100 $14.94 $612,783.20 40,985.00
Proposed GSA L-100 $14.94 $179.28 12.00
Annexation
New GSA L-100 $14.94 $612,962.48 40,997.00
Totals
Notes:
1) Twelve (12) Single Family Dwelling Units at $14.94 each = $179.28.
2)Total Dollars and Factor Units taken from the GSA L-100 Final Engineer's Report for the
1996/97 Tax Roll and approved by the Board of Supervisors on July 9, 1996,
RESOLUTION NO. 97/. 288
i
ASSESSMENT DIAGRAM OF SUBDIVISION 7003
Contra Costa County
County Service Area L-100 Street Lighting District
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RESOLUTION NO. 97/ 288
On July 9, 1996, as an attachment to Resolution 96/313, 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 1996/97". 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/Charas 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 1997/98.
Methodoloav 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) unforseen
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.
RESOLUTION NO. 971288
EXHIBIT C
NOTICE IS-HEREBY-GIVEN THAT:
The County of Contra Costs is currently processing Subdivision 7003, consisting
of the twelve (12) parcels described in Exhibit A. On April 1, 1996, the owner of these
parcels submitted a request to the County Department of Public Works to annex them into
County Service Area L-100 ("CSA L-100"). in anticipation of this annexation on June 3,
1997, the Board of Supervisors adopted Resolution 97/__28g, fixing a public hearing to
consider levying an assessment (the "Assessment") on these parcels.
Exhibit B, "Addendum to the Final Engineer's Report to the Board of Supervisors
for Establishing a Street Lighting Service Charge for Fiscal Year 1996/97 includes (1) the
total amount that will be chargeable to CSA L-100 if the Assessment is adopted; (2) the
amount that will be chargeable to the property you own, as identified in exhibit A; (3) the
methodology upon which the Assessment is based; and (4) the duration of the Assess-
ment.
The Board of Supervisors will conduct a public hearing to consider levying the
Assessment (the "Hearing") on July 22, 1997 at 10:30 a.m. in Room 107 of the Board of
Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Hearing, the
Board of Supervisors will consider all protests against the Assessment and tabulate the
ballots.
Procedures for tabulating. completing and returning ballots: The Board will not
impose the Assessment if there is a majority protest. A majority protest exists if, upon the
conclusion of the Hearing, the total amount of the Assessments chargeable to parcels
whose owners submit ballots in opposition to the Assessment exceed the total amount of
the Assessments chargeable to parcels whose owners submit ballots in favor of the
Assessment.
A ballot is attached to this notice. The ballot may be completed and mailed to the
Contra Costa County Department of Public Works, Special Districts, 255 Glacier Drive,
Martinez, California 94553. The Ballot must be received by the Department of Public
Works on July 22, 1997. Immediately before the Hearing, the Board of Supervisors shall
consider any objections or protests to the Assessment and certify the tabulation of the
ballots. The Board of Supervisors will not impose the Assessment if there is,a maiority
protest.
RESOLUTION NO. 97/ 288
EXHIBIT D
Ballot
Assessor's Parcel Nos.. (The Assessor's parcel numbers will be provided to the
Public Works Department as soon as they are available.)
Record Owner: West Coast Home Builders
Address: 4921 Port Chicago Highway
Concord, CA 94524
Yes, I approve of the proposed annual assessment of$14.94 on each
of 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.
RESOLUTION NO. 97i 288
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 3, 1997
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A
HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO
BE ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 7003, OAKLEY AREA.
05001
Specfflc Request(r)or Recomrnendadon(s)&BAckgromnd&Justification
I. Recommended A,A-t6t
1. ADOPT the Resolution accepting the Engineer's Report for a lighting assessment on parcels in Subdivision
7003 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for July 22, 1997 at 10:30 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.
4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with
Section 6066 of the Government Code.
IL Financial Imaa►act:
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 requ` ants for new
assessments under Proposition 218.
C ntin nQgha
n : X Y s 5IGNATURE:
RECONDAENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMTTI'EE
APPROVE OTHER.
SI NA
ACTION OF BOARD ON:.. /�� APPROVED AS RECOMMENDEDy' OTHER-
VOTE OF SUPERVISORS
1i UNANIMOUS{ABSENT �}
AYES: NOES:
ABSENT: ABSTAIN:
SE:JR:ca
g:\FngSvc4Sp17i%t\8ub7003
1 6=4=Nw ttMit 1e•feta aed as ed �
a aid a on the minutes ta0fi
Correct: Ski Epp+rl .(510)313-2253 tx sa ihs chtn atsarn.
Urig 1)i c: 1' p d
i Districts)
Asresstr Ilad 01�
rainistrator
Auditor-Controller
��Ikveloprnent
C ouatyC Ccscauseiw
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY
SERVICE AREA L-200, SUBDIVISION 7003.
DATE: JUNE 3, 2 997
PAGE -2-
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 7003, and an
alternative means to finance public right of way street lighting would have to be found.