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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-323 TWE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 16, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 981323 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 2048-97 (the"Development") consisting of two(2) parcels, more specifically described in Exhibit A. 2. On April 15, 1998, 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 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 cast 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 August 4, 1998 at 11:00 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 "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. SEA: g:%EngSv"pDist\.-10ORes I hereby certify that this is a true and correct Orig.Dept: public Works Department(Special Districts) copy of an action taken and entered on the Contact: Skip Epperiy,313-2253 minutes of the Board of Supervisors on the cc. County Administrator Assessor date shown. p Auditor-Controller puri Community Development ATTESTED; f 770 O County Counsel PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy RESOLUTION NO. 981323 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Andress 1 193-190-024 Robert Duchi 1440 Maria Lane #200 Walnut Creek, CA 94596 193-900-012 Robert Duchi 2 1440 Maria Lane #200 Walnut Creek, CA 94596 "***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. 0.5 Street Lighting Factor for Parcel 1 0.00 Street Lighting Factor for parcel 2 RESOLUTION NO. 98/ 323 EXHIBIT B ADDENDUM TO THE FINAL ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997198 RESOLUTION NO. 981323 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2048-97 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 97/98 1 193-190-024 13.15 Hectares/ 0.5 $7.47 32.49 Acres 2 193-900-012 0.09 Hectares 0.00 0.00 .22 Acres Fund Tax Bill Basic Street Total Factor Units Literal Lighting Charge Dollars 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $7.47 0.50 Annexation New CSA L-100 $14.94 $618,309.25 41,383.00 Totals Notes: 1) 0.5 Street Lighting Factor Units at$14.94 each = $7.47. 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997/98 Tax Roll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 98/323 ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-100 Street Lighting District LINE DIRECTION DISTANCE L1 N05'12'16"W 229.064m L2 N804310"W 57.888m L3 N80'43'10"W 58.522m L4 N14'02'25"E 7.646m L5 N24'03'06"E 49.160m L6 N15'21'43"E 112.548m L7 N24'03'06"E 10.012m L8 N15'21'43"E 30.669m L9 N05'22'01"E 9.322m L10 N05'22'01"E 194.873m METRIC SCALE 1 = 4000 L11 N88'32'40"E 506,899m L12 N76'49'30"W 440.512m EAST SAY REGJONAL Q PARK UJSTRJC T n 0.R. 258 PARCEL " B" -- CIS\ c� � SUBZ)JVJ SJUJAJ NIS 20—a2 �, rn Cl 1 "' � 1 U J=Jti� J11 CC1 L2 "' r- L3 72 W. PARCEL " C" � L11 G, 90 162 153 SUBDIVJSJON 4915 237 NJ 17 CURVE RADIUS LENGTH DELTA Cl 22.860m 30,015m 75'13 44" C2 30.480m 40.020m 75`13'44" a��x RESOLUTION NO. 981323 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 On CSA L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $7.47 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $7.47 in Fiscal Year 1998/99. 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. 981323 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 $7.47 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. 991 323 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 August 4, 1998 or you may hand carry your ballot to the Public Hearing on August 4, 1998. Ballots received after the close of the public Dearing 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 thann 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,,Tearing The hearing will be held on Tuesday, August 4, 1998 at 11:00 a.m. in the Board of Supervisors Chambers, County Administration Building,651 fine 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. 98132.3-- EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 193-190-024; 193-900-012 Annexation Of: LUP 2048-97 Record Owner: Robert Duchi Address: 1440 Maria Lane, #200 Walnut Creek, California 94696 Yes, I approve of the proposed annual assessment of$7.47 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$7.47 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 981 323 eo,?, TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE I6, 1998 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 2048-97,ALAMO AREA (WO 5001 ORG#7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Y. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for an assessment for street lighting on parcels in Minor Subdivision LUP 2048-97 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for August 4, 1998 at 11:00 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. ' � f Continued on Attachment:X SIGNATURE.�-JJ��C'L RECOMMENDATION OF BOARD COMMITTEE _APPROVE i OTHER SIGNATURE(S): ACTION OF BOARD ON C - tri_ 1 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct SEJR:m copy of an action taken and entered on the &:\EnPvc'spdist\so'rune\LUP20e8-97.doc minutes of the Board of Supervisors on the Orig.Div: Public Works(Special Districts) date shown. Contact: Skip Epperly(3132253) 1 qee: County ATTESTED: Assessor Auditor-Controller PHIL BATC LOR, C} rk of the Board CornmunityDevelopment of Supervisors and County Administrator County Counaei B , , , Q L�_,�_} Deputy Y SUBJECT; ADOPT RESOLL l ION ACCEPTING THE ENGINEER'S` cEPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, LUP 2048-97,ALAMO AREA. DATE: JUNE 16, 1998 PAGE "2 - 11. 2 -II. 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 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 requirements for new assessments under Proposition 218. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for LUP 2048-97,and an alternative means to finance public right of way street lighting would have to be found.