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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-402 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 25, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: Done ABSENT: None ABSTAIN: None RESOLUTION NO 2002/ .G SUBJECT: Adopt Resolution No. 2002402 accepting the engineer's report and fixing a public hearing on August 13, 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 DP013068 (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 May 8, 2002 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 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. SE:JR:sr I hereby certify that this is a true and correct copy of an action taken and G.1GrpDatalSpDistUR12002U..-100 Annexations\DP 3068-01 BO.doc Orig.Div: Public Works(Special Districts) entered on the minutes of the Hoard of Supervisors on the date shown. Contact: Skip Epperly(313-2253) cc: County Administrator ATTESTED: ,Trine 29, 2002 Assessor Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County Corrvnunity Development Administrator County Counsel J.Rusbion,Sp.Dist. By Deputy e »rrlvr r r�^rnxxrr. �nn�, r nn SUBJECT: Adopt Resolution No. 2002! 402 accepting the engineer's report and fixing a hearing on July 9, 2002 to consider levying an assessment for additional parcels to be annexed to Countywide L- 100 Lighting District DATE: June 25, 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 August 13, 2002 at 9:30 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. RESOLTJTION NO. 2002/402 EXMBBI'T 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 1 408-090-039 C Overaa and Company 200 Parr Blvd Richmond, Ca. 94804 2 408-190-033 C Overaa Family LTD Partnership 16 Deer Trail Lafayette, Ca 94549 3 408-190-034 C Overaa Family LTD Partnership 16 Deer Trail Lafayette, Ca 94549 **** 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. EXHIBIT $ FINAL. ENGINEER'S REPORT STREET 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 XH[D, 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: o HeatherWlenger Assistant Public Works Director RCE No. 41746 COUNTY SERVICE AREA E-100 ENGINEER'S REPORT ADDENDUM DP 013068 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 03104 1 408-090-039 HEAVY 5.0 $74.70 INDUSTRIAL 2 408-190-033 HEAVY 5.0 $74.70 INDUSTRIAL 3 408-190-034 HEAVY 5.0 $74.70 INDUSTRIAL 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 $224.10 15.00 Annexation New CSA L-100 $14.94 $535,874.84 35865.50 Totals Notes: 1) 15.0 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 200112002 Tax Roll and approved by the Board of Supervisors on July 10, 2001. ASSESSMENT DIAGRAM OF DP 013068 Contra Costa County County Service Area L-100 Street Fighting District (Place copy of map here) C) I N :t cc A o+.to F- ICO L rz CL Qj - TA alk cs a cs 1 � I 1 I .or 1 1� I � $1 sir i � "iilfel" f 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$224.10 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 July 29, 2002 or you may hand carry your ballot to the Public Hearing on August 13, 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 maybe 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 Dearing The hearing will be held on August 13, 2002 at 9.30 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. 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 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 2003/04. 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 Cas & 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. EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 408-090-039 Annexation of. DP 013068 Record Owner: C Overaa and Company 200 Parr Blvd Richmond, Ca. 94804 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 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 408-190-033,408-190-034 Annexation of. DP 013068 Record Owner: C Overaa and Company 16 Deer Trail Lafayette, CA 94549 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 June 25, 2002 C Overaa and Company 200 Parr Blvd Richmond, Ca. 94804 Dear Property Owner: RE: Annexation of DP 013068 Enclosed is your ballot regarding the proposed annexation of DP 013068 into the County Service Area L-100, Street Lighting District. Time is of the essence. Please cast your vote upon the ballot and return to the Contra Costa County Public Works Department(envelope enclosed)no later than July 29, 2002. The Public Hearing will be held on Tuesday, August 13, 2002 at 9:30 a.m. in the Board of Supervisors' Chambers, County Administration Building, 651 Pine Street, Martinez, California. Please feel free to contact me at 313-2253, if you need any further assistance in this matter. Very truly yours, Ship Epperly Special Districts Coordinator SE:sr G:\CnpData\SpDist\iR\2002\1,-100 Annexations\DP 3068-01 BO.doc Enclosure cc. M.Shiu,Director H.Ballenger,Engineering Services M.Morton,Engineering Services J.Rushton,Special Districts June 25, 2002 C Overaa and Company 16 Deer Trail Lafayette, CA 94549 Dear Property Owner: RE: Annexation of DP 013068 Enclosed is your ballot regarding the proposed annexation of DP 013068 into the County Service Area L-100, Street Lighting District. Time is of the essence. Please cast your vote upon the ballot and return to the Contra Costa County Public Works Department (envelope enclosed)no later than July 29, 2002. The Public Hearing will be held on Tuesday, August 13, 2002 at 9:30 a.m. in the Board of Supervisors' Chambers, County Administration Building, 651 Pine Street,Martinez, California. Please feel free to contact me at 313-2253, if you need any further assistance in this matter. Very truly yours, Skip Epperly Special Districts Coordinator SE:sr GAGrpData\SpDistVR1200ZL-100 Annexations\DP 3068-01 BO.doc Enclosure cc: M.Shiu,Director H.Ballenger,Engineering Services M.Morton,Engineering Services J.Rushton,Special Districts BALLOT NO'T`ICE 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$224.10 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 July 29, 2002 or you may hand carry your ballot to the Public Hearing on August 13, 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 maybe 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 August 13, 2002 a9- m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street, IN, Inez, 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 receive On July 109 as an attic e�nt to Resolution 01/254, the Board of Supervisors adopted the "Final Engineer's sport 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/Charze 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 2003/04. Methodolozy 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)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. County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Noss 408-090-039 Annexation of: DP 013068 Record Owner: C Overaa and Company 200 Parr Blvd Richmond, Ca. 94804 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