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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-290 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 3, 1997 , by the following vote: AYES: Supervisors Rogers, Uilkew, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 971290 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 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Minor Subdivision 9-96 (the "Development") consisting of one (1) parcel with a remainder, more specifically described in Exhibit A. 2. On March 26, 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 1996/97 (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 Engineers 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. 97j290 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 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. SE:JR: g:1EngSvclSpDlsK MS9NRes.t5 Orig.Dept.. public works Department(Special Districts) 1 t Weby oaby ttnt thf:Is a eve and eomwt copy or Contact: Skip Epperiy,313-:253fir► aedon WN-1 and a+teree r: ttvo nftft or-ft cc: County Administrator ieani of supfmsm on ow tate shown. Assseaor �woN of t o Want Auditor-controller ofiiuparolewand Adel. &e+sw Community Developtnent County counsel RESOLUTION NO. 97/ 290 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assess is Parcel Number . Ovvner`a Name/Add ress Nello & Clara Ghilarducci 1 034-060-004**** 2141 O`Hara Avenue Oakley, California 94561 034-060-004**** Nello & Clara Ghilarducci Remainder 2141 O'Hara Avenue Oakley, Califomia 94561 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. One (1) Single Family Dwelling Unit with a Remainder. RESOLUTION NO. 971 290 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 RESOLUTION NO. 971y� COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Minor Subdivision 9-96 Parcel Assessof-s . rc$1 "c rirpti n Factor Proposed Number Unit Aseessmnt FY97x97 1 034-060-004 .472 Hectare 1.0 $14.94 Remainder 034-060-004 4.741 Hectares 0.05 $7.47 Fund Tax 111 untie Street ToteMollars Factor units Literal LightinaCharge 2401 CSA L-100 $14.94 $612,783.20 40985.00 Proposed CSA L-100 $14.94 $22.41 1.50 Annexation New CSA L-100 $14.94 $612,805.61 40986.00 Totals Notes: 1) 1.5 Single Family Dwelling Units (1 parcel plus a remainder) at $14.94 each = $22.41 2) Total Dollars and Factor Units takes from CSA L-100 Final engineer's Report for the 1996197 Tax Roll and approved by the Board of Supervisors on July 8, 1997. RESOLUTION NO. 971 90 ASSESSMENT DIAGRAM OF MINOR SUBDIVISION 9-99 Contra Costa County County Service Area L-100 Street Lighting District IIARCEZ .10 72 lom 49 1� dicot �S PARCEL C � 72 RM 49 �I '1 F -- A.P.N. 034-060-004 14924 OR 452 <., 5.20 HECTARES LAND PA RCEL B 72 PM 49 . L. w EWM ��l t�F CAS-��r PARCEL A 72 RM 49 I S 0948 P£ T,(UC K 89"sous W f7WW 1P.R SAKE z oto m(m) �5�Wj r olo m E. 1/4 CSAR: X opo I1'?i t' 1 S W117AW � BOJ:$" m(f) .O MM AVENUE ., DATE: FEBRUAt 997' SCALE: 1:200 �,LICE C C I & ASSOCIATES INC. r,L� �- : -LO RY i SLGL SHEET 2 or 2 L ENGINEERING—LAND PLANNING--LAND SURVEYING nli. {510} 685-4569 EXHIBIT /1 A 0 UTAMONU BLVD.. SUITE 100 CONCORD CA. 94520 RESOLUTION NO. 971 29a On July 9, 1999, 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!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 per parcel. Usessment on Each Parcel Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 97/98. Methodology for Calculating Street Light—Ing 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. 97/ 29a XE Hi81T C NOTICE IS HEREBY GIVE N THAT: The County of Contra Costs is currently processing Minor Subdivision 9-96, consisting of the one (1) parcel plus a remainder described in Exhibit A. On March 26, 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 LAW'). In anticipation of this annexation on June 3, 1997, the Board of Supervisors adopted Resolution 97122Q 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 1996197 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 returnina-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 majority grotest. RESOLUTION NO. 971 290 EXHIBIT D Ballot AssessoesParcell Nos.: (The Assessor's parcel numbers will be provided to the Public Works Department as soon as they are available.) Record Owner: Nello & Clara Ghilarducci Address: 2141 O'Hara Avenue Oakley, Califomia 94561 Yes, 1 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. 971290 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,MENOR SUBDIVISION 9-96, OAKLEI' AREA(WO 5001) Sp-Mc Regnest(a)or )&Badgromad&Jmu&xtlon I. Recommended Action: 1. ADOPT the Resolution accepting the Engineer's Report for a lighting assessment on parcels in Minor Subdivision 9-96 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for July 22, 1997, 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. H. F'inancW Imoact: 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. M. 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 erty owners voting on the proposed assessment. The Board Order and Resolution complies with Ite req nts for new assessments under Proposition 218. QpgLud pn nt: X yA VAA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SOMME): ACTION OF BOARD ON: y 3 ` 119 7 _ APPROVED AS RECOMMENDED__Z OTHER VO OF SUPERVISORS UNANIMOUS(ABSENT l AYES: NOES: ABSENT: ABSTAIN: slv:rx g: vcNSpY3"S9-%3.6.ts 1 Nwibr that eft it a ew and a rind 07,a Skip F,ppetly (510)3I3-7253 ago" taoton and antarad o:. the ^1nuMa of tlra Chig r�;v.: P (Spoaal Diotticu) d of supen es on too tea'.. -owqnn. cc: County i Z AaaorrorbOwd Auditor-Controller �ervtpM =a�r4 countyA�ftdn Coin'Counsel elopment .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-100, MINOR SUBDIVISION 9-96. DATE: JUNE 3, 199' PAGE -2- IV. Consegucn+ces of Negative Action: This project will not be in compliance with the Conditions of Approval for Minor Subdivision 9-96, and an alternative means to finance public right of way street lighting would have to be found.