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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 97-578 •A0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ ,„ 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 LUP 2095-91 (the"Development") consisting of One (1) parcel, more specifically described in Exhibit A. 2. On September 18, 1997 the applicant for the Development submitted a request to the Department of Public Worms 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 1997198 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 10122.602 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 15, 1997. 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. Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on December 18, 1997 at 1:45 p.m. in Room 107 of the Board of Supervisors' Chambers, 851 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"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 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. 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. SE:JR: p:%ftgSvc%SpDisK L-100Res Orig.Dept: Public Woft Department(Special Districts) E bwaby ow*flirt tttb k i baur Mid OOf1S0t 0�hr of Contact: Slop Eppedy,313.3233 MA Wftn taken rad etttered on ft minuler 01- 111 cc: County Administrator ftwo o1 SOVVWM an the due slum. Assessor gip; C_k'_-tnhwt- 281 1997 Auditor-Controllar Pft UTOKLO 0**k of the bMd Community Development of$upMv1WV� Adff*L%VMW County Counsel r PA cop* cop* RESOLUTION NO. 97/ 578 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List srr t A et am.. . I��+vr+�r'� at"' dross: 1 138-180-003 Don & Carel Flaner 40 Summit Circle Walnut Creek, CA 94598 The new Assessors Parcel Number is not available at this time. The New Assessor parcel number will be sent to the Contra Costa County Public Works Department when it is available. One (1) Basic Unit Charge RESOLUTION NO. 97/578 -GRAM Op LUP 2096-9' A5- Centra Coat' County ht�n9 D1strict e area oo street��� County �ervlc .. Lam. �si•' Vi. ' $r /nom 4�Lt 119 "ear Y 9 Y bD us CY .t GJ lilt, z 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/ 578 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2095-91 Parc 1 sea s Parcel Descriptifanfadtot'ilnilt Pre 0tw #mbar iltilt' 1 . 7 8 1 138-180-003 0.97 Hectares 1.0 $14.94 un ' T tx 13111 4810 treat Total D+ Mara' F a►r U...... n...t..s tataral 1.l ill Chime 2401 CSA L-100 $14.94 $618,3011.78 41,382.80 Proposed CSA L-100 $14.94 $14.94 1.00 Annexation New CSA L-100 $14.94 $618,316.72 41,383.50 Totals Notes: 1) One (1) Single Family Factor Unit at$14.94 each = $14.94. 2)Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1997/98 Tax Poll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 97/578 , On July 15, 1997, as an attachment to Resolution 97/374, 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 1997/98 . 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 17, 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 Can OSA 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. 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 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/ 578 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 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? For single family homes, the assessment will be$14.94 per year. The total amount levied by the assessment, with regards to this development is approximately$1494 per year. 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. RESOLUTION NO. 971.578 Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addresser)postage paid envelop or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to December 16, 1997 or you may hand carry your ballot to the Public Hearing on December 16, 1997. Ballots received after the close of the Public Hearing can not be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned, weighted by their assessment, are 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 County Service Area L-100 Lighting District. The ballot may be used to express either support for or opposition to the proposed County Service Area L-100 Lighting District within this development. In order to be counted, this ballot must be signets and elated 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 Hearing The hearing will be held on Tuesday,December 16, 1997 at 1:45 p.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. RESOLUTION NO. 97/57 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 138-180-003 Annexation Of: LUP 2095-91 Record Owner: Don & Carol 1=laner Address: 40 Summit Circle Walnut Creek, California 94598 Yes, l approve of the proposed annual assessment of $14.94 on the parcel identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on the parcel. Signature of Record Owner or Authorized Representative of the above identified parcel. Date RESOLUTION NO. 97/ 578 TO: BOARD OF SUPERVISORS 4 FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 28, 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, LUP 2095-91, WALNUT CREEK AREA ROJECT# 7394 6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Rhe om=ded Aetion• 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in LUP 2095-91 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for December 16, 1997 at 1:45 p.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 Attadhment.1L SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURES : ACTION OF BOARD ON p - g_19 7 APPROVED AS RECOM 1ENDED_/ OTHER V P OF SUPERVISORS ,/' UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: aogs SEMI= 1� Ihld tl�11 N r iror cud aaniat d V%%_%Pd6t= =a SUPWVWM atd ftm, ADW Pu6 Wbft BiAATCMELOAItC- of abcud Comics: f?Epp**0 3 7 00 CMWA&nWsft%tw 6f rtt BATCH LO CW* camud ,,,, -.o... ... ► 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, LUP 2095-91. DATE. OCTOBER 28, 1997 PAGE - 2- H. Financiallmnact: 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 BachMund: 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 requirements for new assessments under Proposition 218. W. Conseguences of Negative Action: This project will not be in compliance with the Conditions of Approval for LUP 2095-91, and an alternative means to finance public right of way street lighting would have to be found.