HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-024 THE BOARD i,7 OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 15, 2002,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: RESOLUTION NO. 2002/ 24
SUBJECT: Adopt Resolution No. 2002/24 accepting the engineer's report and FIX a hearing on.March
12, 2002 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 980013 (the "Development") consisting of 1 parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be 3 parcels.
2. On December 13, 2001 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. Cance 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 XMD 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 2001/2002 (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.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Mar
GAGrpDatalSpDisPBoard ordersl2002\01 7anuaty101-15-02 MS98-0113.doc Supervisors on the date shown.
orlg.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator ATTESTED: January 15, 2042
Assessor JOHN SWEETEN,Clerk of the Board of Supervisors and
Auditor-Controller
Conamuafty Development County Administrator
County Counsel
By r Deputy
RESOLUTION NO.2002/ 24
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: January 15, 2002
SUBJECT: ADOPT Resolution No. 2002/ 24 accepting the Engineer's Report and FIX a hearing for
March 12, 2002 to consider levying an assessment for additional parcels to be annexed to County
Service Area L-100, MS 980013, San Ramon area. (District III) (WO 5001, ORG. 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT Resolution No. 2002/24 accepting the attached Engineer's Report for a lighting
assessment on the parcels in MS 980013 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for March 12, 2002 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:.X SIGNATURE
J IJIter�
jMM91MENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE ER
SIGNATURES :
ACTION OF BOA N Jan. 15/2002 APPROVED AS RECOMMENDED XXOTHER
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
VOTE OF SUPERVISORS Supervisors on the date shown.
XX UNANIMOUS(ABSENT I
AYES: NOES: ATTESTED:_._ January 15, 2002
ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and
County Administrator
JR:sr
G:\GTData\SpDist\Board Orders\2002\01 January\01-15-02 MS98-0013.doc By ,
Orig.Dlv:Public Works(Special Districts) Deputy Contact: Skip Epperiy(313-2253) p y
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
J.Rushton,Special Districts
RESOLUTION NO. 2002/24
SUBJECT: ADOPT Resolution No. 2002/ 24 accepting the Engineer's Report and FIX a hearing for
March 12, 2002 to consider levying an assessment for additional parcels to be annexed to County
Service Area L-100,MS 980013, San Ramon area. (District III) (WO 5001, ORG. 7394)
DATE: January 15, 2002
PAGE: 2
II» FinancialImRact:
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 Baekaround:
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 Nlezative Action:
This project will not be in compliance with the Conditions of Approval for MS 980013, and an
alternative means to finance public right of way street lighting would have to be found.
RESOLUTION 2002/24
SUBJECT: Adopt Resolution No. 20021 24 accepting the engineer's report and FIX a hearing on March
12, 2002 to consider levying an assessment for additional parcels to be annexed to Countywide
L-100 Lighting District
DATE: January 15,2002
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July
10, 2001. 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 12, 2002 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.
RESOLUTION NO. 2002/24
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
1 220-100-005 John M. &.Debbie L. Pereira
1501 Finley Road
Pleasanton, Ca. 94566
**** 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.
1.00 Street Lighting Factors/Parcel.
EXHIBIT B
FINAL ENGINEER'S REPORT
S"T"REET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2001/2002
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 MID,
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: U By.
Heath allenger
Assist t Public Works Director
RCE No, 41746
COUNT' SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
MS 980013
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 03/04
1 220-100-005 SINGLE 1.0 $14.94
FAMILY
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $535,650.74 35850.50
Proposed CSA L-100 $14.94 $44.82 3.00
Annexation
New CSA L-100 $14.94 $535,695.56 35753.50
Totals
Notes:
1) 3.0 Street Lighting Factor Units at$14.94 each=$44.82.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2001/2002 Tax Roll and
approved by the Board of Supervisors on July 10, 2001.
ASSESSMENT DIAGRAM OF
MS 980013
Contra Costa County
County Service Area L-100 Street Lighting District
(Place copy of map here)
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On July 10, 2001, as an attachment to Resolution 01/254, 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 2001/2002". 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/ Chang On CSA L-100
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 2003/04.
MethodologyforCalculating Street Lighting Assessments
The "benefit received" is based on a sliding scale of I 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) unforeseen 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.
EXHIBITC
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$44.82 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 February 14, 2002 or you may hand carry your
ballot to the Public Hearing on March 12,2002. Ballots received after the close of the Public Hearing cannot 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 March 12, 2002 at 9:00 am. 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.
EXHIBIT D
County Service Area L-100 Fighting.District Annexation
.Ballot
Assessor's Parcel Nos.: 220-100-005
Annexation Of. MS 980013
Record Owner: John M. &Debbie L. Pereira
1501 Finley Road
Pleasanton, Ca. 94566
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