HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-547 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on DECEMBER 5,2000,by the following vote:
AYES: SUPIMSORS GIOIA, UMFR4A9 DESMULNM, AND GRUM
NOES: NONE
ABSENT: (DISTRICT V SEAT VACAW)
ABSTAIN:none
RESOLUTION NO.2000/547
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 LP992106(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 1 parcel.
2. On October 17, 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.
REStIUMON NO. 2000/547 "
Now,Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing(the"Hearing")on February 13, 2001 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: December 5. 2000
PHIL BATCHELOR,Clerk of the Board
of Supervisfft and County Administrator
ArA
BY Z deputy
RESOLUTION NO. 20001 547
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGATING DISTRICT
Property Owner's List
Parcel Assessor's Parcel Number Owner's Name/Address
1 030-120-014 RIGGS ENTERPRISES, INC.
POB 1440
BETHEL ISLAND, CA 94511
2 030-120-013 RIGGS ENTERPRISES, INC.
POB 1440
BETHEL ISLAND, CA 94511
3 030-120-006 RESORT DE LA DELTA
150 N. WIGET LANE, SUITE 111
WALNUT CREED., CA 94598
**** 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.
Street Lighting Factors/Parcel.
RESOLUTION NO. 2000/ 547
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2000/2001
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: 10 D n By:
Heather Weng&
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 2000/ 547
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
LP992106
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 01/02
1 030-12.0-014 5 74.70
030-120-013
030-120-006
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $625,696.56 41877.50
Proposed CSA L-100 $14.94 74.70 5.00
Annexation
New CSA L-100 $14.94 $625, 771.26 41882.50
Totals
Notes:
1) 5,0 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 2000/2001 Tax Roll and
approved by the Board of Supervisors on July 11, 2000.
RESOLUTION NO. 2000/ 547
ASSESSMENT DIAGRAM OF
LP992106
Contra Costa County
County Service Area L-100 Street Ligating District
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RESOLUTION N4. 7000/ 5+7
On July 11, 2000, 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 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 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 2002/03.
Methodology for Calculating Street Lighting Assessments
The"benefit received"is based on a sliding scale of 1 basic unit charge fora 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/ 547
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-140 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$1494 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 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 January 22, 2001 or you may hand carry your ballot to the
Public Hearing on February 13,2001. 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 properly 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, February 13, 2001 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. 2000/547
E IMIT D
County Service Area L-100 Lighting District Annexation
Ballo
Assessor's Parcel Nos.: 030-120-014, 030-120013
Annexation Of: LP992106
Record Owner: Riggs Enterprises, Inc.
P.O. Box 1440
Bethel Island, CA 94511
Yes,I approve of the proposed annual assessment of$74.70 on each of the parcels identified
in this ballot.
No,i do not approve of the proposed annual assessment of$74.70 on each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 2000/ 547
+f,
EXHIBIT D
County Service Area L-100 Lighting District Annexation
a of
Assessor's Parcel Nos.: 030-120-006
Annexation Of. LP992106
Record Owner: Resort De La Delta
150 N. Wiget Lane,#111
Walnut Creep,CA 94598
Yes,I approve of the proposed annual assessment of$74.70 on each of the parcels identified
in this ballot.
No,I do not approve of the proposed annual assessment of$74.70 on each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 2000/ 547