HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-024 THE BOARD OF SUPERVISOkS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 27, 1998, by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. W-24—
SUBJECT:
8/ 24SUBJECT: 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 Subdivision 8044 (the "Development") consisting of five (5)
parcel(s), more specifically described in Exhibit A.
2. On December 11, 1997 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 1997198(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 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 March 17, 1998 at 2:15 p.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 "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 Ballets 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.
SEA:
G:lpry W3risndi"OWw%Ary/SubSO44.wptl
Ong.cam.: Publkwoft Oipart ens(Special Districts) I hereby certify that this is a true and correct
Contact skip Epp",313.2253 copy of an action taken and entered on the
City m"' °`°` minutes of the Board of Supervisors on the
«-Controller date shown.
community D"lopn,.nt
County Cmm`.iT^rn ^rY 7
PHIL BATCHELOR 1� _
ATTESTED:��Clerk of the Board
of Supervisors and County Administrator
By J Deputy
RESOLUTION NO. 98t 24
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel Assessor's FarcelNumb�� n�rr' Nari�+�Addre�s
1 185-250-007 Branagh Development Inc.
3201 Danville Blvd. #170
Alamo, Ca. 94507
2 185-250-007 Branagh Development Inc.
3201 Danville Blvd. #170
Alamo, Ca. 94507
3 185-250-007 Branagh Development Inc.
3201 Danville Blvd. #170
Alamo, Ca. 94507
185-250-007 Branagh Development Inc.
4 3201 Danville Blvd. #170
Alamo, Ca. 94507
185-250-007 Branagh Development Inc.
5 3201 Danville Blvd. #170
Alamo, Ca. 94507
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.
Five (5) Street Lighting Factor Units
RESOLUTION NO. 981 24
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. 98/ 24
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SUBDIVISION 8044
.............r..o..
Aaeea�sor't par
ow .. iDeerptonattcr'> �tt ed
Num. ec tt
' ' . + .
1 185-250-007 4815.78 Sq.Meters 1 $14.94
2 185-250-007 1406.10 Sq.Meters 1 $14.94
3 185-250-007 1138.28 Sq.Meters 1 $14.94
4 185-250-007 978.68 Sq.Meters 1 $14.94
5 185-250-007 1 1850.38 Sq.Meters 1 $14.94
nd Taftx tl Solc. et
i`t#eral U... In 'Cts
2401 CSA L-100 $14.94 $618,301.78 41,382.50
Proposed CSA L-100 $14.94 $74.70 5.00
Annexation
iVew CSA L�-100 $14.94 $318,382.78 41,387.50
Tota#s
Notes:
1) Five (5) Street Lighting Factor Units at $14.94 each = $74.70.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1997/98 Tax Ralf and
approved by the Board of Supervisors on July 15, 1997.
RESOLUTION NO. 98/ 24
ASSESSMENT DIAGRAM OF SUBDIVISION 8044
Centra Costa County
County Service Area L-100 Street Lighting District
LOT 1
+48 15.'71,
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L•, 4G m
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5/7449' 1C1i. tie,
OT 4 LOT 3 �t �1
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EXHIBIT" "8" Oeeolt Civii Engineering
PLAT TO ACCOMPANY Bit to bw Wiley burin
LEGAL DESCRIPTION 4✓ orrrit» aiframi$ Sm 1
L-100 UGHTW4 OWN= mm t isr-:IM
R +' OLILMO t NO. 98/ 24
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").
Toil Assessment/ Charge On CBA Le1t10
In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $14.94 per
parcel.
Asmsment on Fah rArcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1997/98.
Mdhodolog►v for Calctilating Street TALvhfjnv As sm -n s
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. 98/ 24
EXlEIIBIT 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 $74.70 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 Fuad 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,945534897.
RESOLUTION NO. 98! 24
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 addressed postage paid envelop or deliver it in person to the Contra Costa County Public
Works Department, 255 Glacier Drive,Martinez,CA 94553 prior to March 17, 1998 or you may hand carry your
ballot to the Public Hearing on March 17, 1998. 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 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 Hearing
The hearing will be held on Tuesday,March 17, 1998 at 2:15 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. 981 24
EX�II$IT D
County Service Area L-100 Lighting District Annexation
Assessor's Parcel Nos.: 185-250-007
Annexation Of: Subdivision 8044
Record Owners Branagh Development Inc.
Address: 3201 Danville Blvd. #170
Alamo, Ca. 94507
Yes, I approve of the proposed annual assessment of $14.94 on each of these 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.
Date
RESOLUTION No. 98/24