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Home My WebLink AboutRESOLUTIONS - 01012000 - 2000-277 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKE'MA, DESAULNIER AND CANCLAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO. 2000/277 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 DP 3037-99 (the "Development") consisting of 3 parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 3 parcels. 2. On April 10, 2000 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 1999/00 (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 13, 1999. 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. RESOIU'ION NO. 2000/277 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the"Hearing") on July 11, 2000 at 9:00 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 protest 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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: �,; PHIL BATCH LOR,Clerk of the Board of Supervisor nd Coun Administrator 13y ,Deputy RESOLUTION NO. 2000/ 277 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/Address 1. 155-370-001 K & J Properties LLC c/o Myron R. Hansen 510 McBride Drive Lafayette, CA 94549 2. 185-370-023 K & J Properties LLC c/o Myron R. Hansen 510 McBride Drive Lafayette, CA 94549 3. 185-370-031 Aguilar Conrad 110 Rule Court Walnut Creek, CA 94595 **** 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. 5.00 Street Lighting Factors/Parcel. RESOLUTION NO. 2000/ 277 EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 1999/2000 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article XIIID, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 25210.1 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer, registered in the State of California. Dated: By; Heather Ballenger Assistant Public Works Director RCE No. 41746 , 44�-4/'o . 'K�2;y, RESOLUTION NO. 20001277 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM DP 3037-99 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 01/02 1. 185-870-001 Storage 5.0 74.70 2. 185-370-023 Storage 5.0 74.70 3. 185-370-031 Storage 5.0 74.70 Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $625,698.56 41877.50 Proposed CSA L-100 $14.94 224.10 15.00 Annexation New CSA L-100 $14.94 $625,920.66 451892.50 Totals Notes: 1) 15 Street Lighting Factor Units at $14.94 each = $224.10 2)Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1999/00 Tax Roll and approved by the Board of Supervisors on July 13, 1999. RESOLUTION NO. 2000/277 ASSESSMENT DIAGRAM OF DP 3037-99 Contra Costa County County Service Area L-100 Street Lighting District SARANAR AVE 40' R.O.W. ! NW05'41"W -•-N89'53`19"E COULSO 38.994m 1.829m PEST CONTROL SERMCES APN 185-370-016 JAJ 3817 OR 524 � 60 t N00'05'41 V N00'05'41"4V 3.561m P.H. 53.693m a� PIERCE c C> Cl c, APN 185-370-025 -�s b 18110 OR 772 EC14 '� r� cm o N RARE & HAUSER APN 185-370--020 98---271601 aCi ^+► COLE APN 185-370--004 .� 92233716 04 SHERMAN APN 185370--030 R-20.422m 99-176844 6 A=4716'20" �? RULE CT. � N67`58'08"W (w W31m 7.843m R= .048m &-99`43'27" L$5.305m SCAR 101800 E XH Z B Y T' BCO)MANT IREIM►'C!C �/Ul Elmodw:V z ow � ANNEX rrIOW ear IL N.r i0B NO. 08001 RESOLUTION NO. 20001 277 On July 13, 1999, as an attachment to Resolution 99/323, 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 1999/00". 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 $74.70 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $74.70 in Fiscal Year 2001/02. 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 County Service Area L-100 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. 2000/ 277