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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-539 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Ado I)ted this Resolution on September �+ 1 S p ember 10, 2002, by the fallowing vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: Done ABSENT: None ABS`T'AIN: None RESOLUTION NO. 2002/ 539 SUBJECT: ADOPT Resolution No. 2002/539 accepting the Engineer's Report and fixing a public hearing for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District I) Project No. 7394-6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing APN 408-190-044 (the "Development") consisting of one (1) parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 1 parcel. 2. On August 7, 2002 the applicant for APN 408-190-044 submitted a request to the Department of Public Works for inclusion of APN 408-190-044 into County Service Area L-100 (CSA L-100). The County intends to initiate proceedings to annex APN 408-190-044 into CSA L-100 pursuant to that request. 3. Once APN 408-190-044 is annexed into CSA L-100, the parcel 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 parcel, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "assessment" under Article XIDD of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcel. 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 2002/2003 (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:\GrpDaa\SpDist\Board Orders\2002\09 Septcmber\09-10-02 EO-APN 408-190-044.doc entered on the minutes of the Board of Supervisors on the date shown. OOrfg.D4, Public Works(Special Districts) p Contact: Skip Epperly(313-2253) cc: County Administrator ATTESTED: SePtember 10, 2002 Assessor Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County Coity Development Administrator County Counsel J.Rushton,Sp.Dist By Deputy REsoLuTION NO.2002/ 539 SUBJECT: ADOPT Resolution No. 2002/535 accepting the Engineer's Report and fixing a public hearing for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District I) Project No. 7394-6X5001 DA'TE: September 10, 2002 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 9, 2002. 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 APN 408-190-044 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 November 5, 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. RESOLUTION No. 20012/539 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 1 408-194-044 M. Central - LLC 385 Pittsburg Avenue Richmond, CA 94801 ****The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent t0 the Contra Costa County Public Works Department, as they are available. 5.00 &.reet Lighting Factors/Parcel. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR. 2002/2003 The fmdersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as di": cted by the Contra Costa County :Board of Supervisors, pursuant to the provisions of Article XMD, Section 4, of the California Constitution, the County Service Area Lary (Gov. Code, 25210.1 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engieer,registered in the State of California. Datei : / -' By; eather Ballenger 10, y4;Aec"r e ssistant Public Works Director RCE No. ' r---- COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM APN 408-190-044 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 03/04 1 408-190-044 INDUSTRIAL 5.0 $74.70 Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $542,099.52 33321.00 Proposed CSA L-100 $14.94 $74.70 5.00 Annexation New CSA L-100 $14.94 $542,174.22 33326.00 Totals Notes.- 1) otes;1) 5.0Street Lighting Factor Units at$14.94 each=$74.70 2) Tcr>al Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2002/2003 Tax Roll and approved by the Board of Supervisors on July 9, 2002. ASSESSMENT DIAGRAM OF APN 408-190-044 Contra Costa County County Service Area L-100 Street Lighting District (place copy of map here) _ rv, \e- (MAV!MAV1.3HIS,ObJ _._ O? EXHIBIT C BALLOT NOTICE Why.did,you receive this Ballot? Whet your development was approved, there was a requirement (condition of approval) to annex the parcel(s) into he County Service Area L-100 Lighting District and for an annual assessment to be imposed on every parol in your development to pay for the cost of maintaining the street lighting within the public right of way. The assage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. How much is the Assessment? For ;jingle-family homes, the assessment will be $14.94 per year. The total amount levied by the assessment, with'�egards to this development is approximately$74.70 per year. why Ishould you Vote? Your,vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will his Assessment Increase in the Future? The '3enefit 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. Howwas 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 Deport detailing the method of assessment, budgets and assessments for each parch is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, CA, 9455:3-4897. Method of Voting Onlyreturned ballots or written letters which identify the property and specify the property owners' support or oppa>ition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Publy Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to October 21, 2002 or you may hand carry.,your ballot to the Public Hearing on November 5, 2002. Ballots received after the close of the Public Hear-sing 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, is opposed to the assessment, the assessment will not be impo>>ed. Ballot Procedures This'l allot is for the sole use of the property owner(s) of the parcel identified herein, which is located within the Comity Service Area L-100 Lighting District. The ballot may be used to express either support for or opposition to thcl proposed County Service Area L-100 Lighting District within this development. In order to be counted, this tallot must be signed and dated in the space provided by an owner or, if the owner is a partnership or a corps,ration, by an authorized representative of the owner. Those executing this ballot on behalf of a corppration, 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' enants) 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 counI s 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. Publ a Hearing The fearing will be held on November 5, 2002 at 9:30 a.m. in the Board of Supervisors Chambers, County Adm<nistration Building, 651 Pine Street, Martinez, CA 94553. Results of the returned ballots will be annotmeed 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 R'Illy 9, 2002, as an attachment to Resolution 02/425, the Board of Supervisors adopted the "Final Engineer's Repo-.-t to the Board of Supervisors for establishing a Street Lighting Service Charge for Fiscal Year 20022003". 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 th» 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 $14.94 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 Gas & Electric Company's current mont)j ly 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. SUBJECT: ADOPT Resolution No. 2002/ accepting the Engineer's Report and fixing a public hearing for November 5, 2002 at 9:30 a.m. to consider levying an assessment for additional parcel to be annexed to County Service Area L-100, APN 408-190-044, Richmond area. (District I) Project No. 7394-6X5001 DAIM September 10, 2002 PAGE: 2 IL Financial Impact: 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. M. Reasons for Recommendations and Background: As part of a potential development proposal, the developer would be 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. TV.'>' Consequences of Negative Action: This project will not be in compliance with the property owner's request for annexation of APN 408- 190-044, and an alternative means to finance public right of way street lighting would have to be found.