HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-394 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: AUGUST 15, 2000
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 COUN=TY SERVICE AREA L-100, MS 6-99, WALNUT CREED.AREA
(WO 5001 ORC# 7394
SPECIFIC REQUEST(5)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in MS 6-99 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for October 10, 2000 at 9:00 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.
Continued on Attachment:,, SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
__. RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE —OTHER
SIGNATURE (S):
ACTION OF BOA ,)B/�4)NAIEit IS, 2U(�Q APPROVED AS RECOMMENDED OTHER
VOTE OF SUPER SOBS
__X_ UNANIMOUS(ABSENT 3L4 )
AYES: NOES:
ABSENT: ABSTAIN:
SE:IR:df
GAGrpData`SpDist\Board Cirders1200016 August11_100 package-MS6.99.doc
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
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: August 15, 2000
PHIL BAT ELOR,Clerk of the Board of Supervisors and County
Adminis at
By Deputy
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 15, 2000, by the following vote:
AYES: SUPERVISORS GIOIA, UILKM, CANCIMILYA, AND GERBER
NOES: NONE
ABSENT: SUPERVISOR DESAUINIER
ABSTAIN: NONE
RESOLUTION NO. 2000/ 394
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 MS 6-99 (the "Development") consisting of one parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be four parcels.
2. On May 31, 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 2000/2001 (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 11,
2000. 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.
RESOI.MON 2000/394
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Fallows:
1. The board will conduct a public hearing (the "Hearing") on October 10, 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.
1 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: August 15, 2000
PHIL BATCHELOR,clerk of the Board
of Supervi ors and ounty Administrator
By ,Deputy
RESOLUTION NO. 2000/ 394
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SER'V'ICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel Assessor's Parcel Number Owner's Name/Address
1 188-031-009 David & Susan Ziegler
270 Montecillo Drive
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.
1.0 Street Lighting Factors/Parcel.
RESOLUTION NO. 2000/ 394
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 200012001
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.
e
Dated: _7 By;
Heather Ballenger
c i Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 2000/ 394
COUNTY SERVICE AREA L-100
ENGINEERS REPORT
ADDENDUM
MS-6-99
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 01/02
1 188-031-009 Single Family 1.0 14.94
2 188-031-009 Sin le Family 1.0 14.94
3 1 188-031-009 Single_Family 1.0 14.94
4 188-031-009 Single Family 1.0 14.94
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $532,966.80 35,671.00
Proposed CSA L-100 $14.94 59.76 4.00
Annexation
New CSA L-100 $14.94 $533,026.56 35,675.00
Totals
Notes:
1) 4.0 Street Lighting Factor Units at $14.94 each = $59.76 .
2) Total dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2000/2001 Tax Roll
and approved by the Board of Supervisors on July 11, 2000.
RESOLUTION NO. 2000/ 394
ASSESSMENT DIAGRAM OF
MS 6-99
Contra Costa County
County Service Area L-100 Street Lighting District
SCALE:
1: 1000 METERS
DUCK 606SOR 275
i a ff5-fV OR 68IAT 7
f �I NO2'03'00"E
0 30550
- 887'57'00"E 72.324
. �+ c5
tis�J C0Y � +rj
d 578f OR 776 � P �•
s87'S7`o0"E 73.762 z LANDS OF ZE'IG ER to LAr 6°
8X58 0 oR♦. 10�'�0y' °i
a M APN 188."Va7l""00.A
LU z M N88'00'00"W 10.988 11,685 Sg.m, 1.189 heC -�
t-2652
' ' 0"W 5.776 0
6'00"W 13.936 a
C7 131 8'45'3OwW 7.958 for 5
N26'02'30"W 5.401Cn
` 02'12'00"E 20.138MBB
"
7'0$f 0S01'27 00 W N88*33'00"W
7.6207`57 00 W 16.551 31.407 LOT 41.209
NO2`12'00"E 12.976 N87'S7'00"W
7.620 CALLOII'AY I 39.652 PAdYMUCK
4184 OR 340 YIGIL 4'0AW 0R 999
9s�6 0R 8.E6 I
BASIS OF BEARING$
TWO FOUND IRON PIPES ALONG THE LEGEbI
EAST SIDE OF MONTECILLO DRIVE AS s FOUND 1-1/4- IRON PIPE, TAGGED
SHOWN ON THE RECORD OF SURVEY • L.S.FOUND
FILED JUNE 2, 1985 IN BOOK 77 OF2856
LICENSED 5URVE*13; MAPS AT PAGE 14. ALL DISTANCES ARE IN METERS.
TAKEN AS NORTH 02'03'00' EAST.
CITY OF WALNUT CREEK CONTRA COSTA COUNTY CALIFORNIA
In uYM WOUSMIAL COURT Subject 270 MONFS= DRIVE
ffm F'Lmmm am 100
CtVL ENGNEERS SM RAMOK CA.94563 Jab No SURVEYORS 2S-93&-Bd"
-- --68024.0
ALIQUOT r2s-e3e-sea7 04 ByNW Data 5-6-99 thkd. RQ
SHEET OF
RESOLUTION NO. 2000/ 394
On July 11, 2000, as an attachment to Resolution 2000/337, 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 2000/2001". 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 -10
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 2001/2002.
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. 2000/ 394
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 $54.76 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.
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 September 25, 2000 or you may hand carry your ballot to the
Public Hearing on October 10,2000. 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, October 10, 2000, at 9:00 a.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. 2000/ 394
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel No.: 188-031-009
Annexation Of: MS 6-99
Record Owner: David & Susan Ziegler
Address: 270 Montecilio Drive
Walnut Creek, CA 94596
Yes, I approve of the proposed annual assessment of$14.94 on each of the 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. 2000/ 394