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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-095 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 11, 2003,by the following vote: /Jjr 1 (i_ AYES: SUPERVISORS GLIA, UIL , GLOVER AND DESAULNIE R �� NOES: NONE ABSENT: SUPERVISOR DONNA GERBER ABSTAIN: NONE RESOLUTION NO.2003/95 SUBJECT: Adopt Resolution No. 2003195 accepting the engineer's report and fixing a hearing on April 8, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010005, Walnut Creek area. (District ITT) (WO 5001, ORG. 7394) The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing MS010005 (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. Can January 15, 2003 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-10£1). 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 MUD 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 200312004(the"Engineer's Report")is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.502 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 DM:sr taken and entered on the minutes of the Board of Supervisors on G.\GrpDatalSplaist113osrd Ordcrs\2003102-11-03130-MS010005.doc the date shown. Orifi.Div:Public Works(Spacial Districts) Contact: Skip Epperly(313-2253) ATTESTED: FEBRUARY 11, 2003 M. County Administrator Assessor JOHN SWEETEN,Clerk of the Board of Supervisors and County Auditor-Controller Administrator Community Development County CounselDeputy D.Morabe,Sp.Rist. By RESOLUTION NO.2003/95 SUBJECT: Adopt Resolution No. 2003/95 accepting the engineer's report and fixing a hearing on April 8, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010005, Walnut Creek area. (District III) (WO 5001, ORG. 7394) DATE: February 11, 2003 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 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: I The Board will conduct a public hearing (the "Hearing") on April 8, 2003 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. 2003/ 95 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: 1 138-230-022 :Benny Jr. &Kimberly M Chetcuti 1204 Alpine Rd. #3 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. 1.00 Street Lighting Factors/Parcel. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2003/2004 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 MD, 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: ' " By: Heather Bal enger Assistant Public Works Director RCE No. 41745 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM MS010005 ParcelAssessor's Parcel Description Factor Unit Proposed Number Assessment FY 03/04 1 138-230-022 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 2002/2003 Tax Roil and approved by the Board of Supervisors on July 9,2002. ASSESSMENT DIAGRAM OF MS010005 Contra Costa County County Service Area L-100 Street Lighting District {Place copy of map here} 1 P > ' 419 a ,1 yr Ul ' i4 .9 ► 16 z tie jj� y • 1-00 � .! SV ��jj W� �q1J j s ' Ur�at 1 � 1 t 0011 . No -2 31)116� cS', CIVIL OF CAi-���� EXHIBIT "B" DeBolt Civil Engineering C.2002 PLAT TO ACCOMPANY " ®tj San Raman Valley Boulevard r"'-1:0V LEGAL DESCRIPTION 1. Danville, California s %D/adv M -��o AREA TO BE ANNEXED 00265 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$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 March 13, 2003 or you may hand carry your ballot to the Public Hearing on April 8, 2003. 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 sip 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 April 8, 2003 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 9, 2002, as an attachment to Resolution 02/425,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 2002/2003". 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-100tt). Total Assessment/Charge OnOSAL-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. 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)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.: 138-230-022 Annexation Of. MS010005 Record Owner: Benny Jr. &Kimberly M. Chetcuti 1204 Alpine Rd.#3 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. Signature of Record Owner or Authorized Representative of the above identified parcels. .Date THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 8,2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO.2003/ SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for MS010005 County Service Area L-100, Walnut Creed area. (District,M) WO 5001, ORG. 7394 The Board of Supervisors of Contra Costa County RESOLVES: 1. On February 11,2003,the Board of Supervisors adopted Resolution No. 03/ directing the filing of the engineer's report for street light charges for County Service Area L-100. As directed by the Board,the Engineer of Work has filed the engineer's report. 2. On February 11,2003,the Board adopted Resolution No.03i declaring the Board's intention to levy and collect street light charges to operate and maintain facilities and services within CSA L-100 for Fiscal Year 2003/04 and setting a public hearing for April 8, 2003. Notice of the hearing was given in the time and manner required by law. 3. Resolution No.03!_directed the Engineer of Work(Public Works Director)to cause to be mailed to property owners within MS010005 the notices and ballots required by Section 4 of Article XIII D of the California Constitution(Proposition 218). 4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be tabulated. NOW,THEREFORE,the Board FINDS,DETERMINES and RESOLVES that: 5. A public hearing was held before this Board on April 8, 2003 at 9:30 a.m. At the hearing,the Engineer of Work presented to the Board all ballots received from property owners within MS010005 (a proposed tabulation of those ballots). The Board heard and considered all protests against the proposed assessments and tabulated the returned ballots according to the proportional financial obligation of the affected properties. The Board also afforded to every interested person an opportunity to make a protest to the engineer's report, either in writing or orally,and the Board considered each protest. 6. A majority protest,as defined in section 4(e)of Article XIII D,does not exist. 7. The Board hereby confirms the diagram and assessment as set forth in the report of the Engineer of Work and hereby authorizes the levy of the street light charges set forth therein in MS010005 for fiscal year 2003/04 to be collected on the tax rolls. DM:w I hereby certify that this is a true and correct G-\0rpDsnt\SpDist%osrd Orden\200310"M3 80-MS010005,doc copy of an action taken and entered on the Orig.Dept.:Public Works Departrnent(Special Districts) Contact: Sldp Epperly,313-2253 minutes of the Board of Supervisors on the cc* Assessor date shown. Auditor-controller County Admini3tMtDr ATTESTED: County Counsel P.W.Accounting JOHN SWEETEN, Clerk of the Board of D.Morabe,Sp.Dist., Supervisors and County Administrator By Deputy Resolution No.2003/ .Public Works Department 255 Glacier Drive, Martinez DATE: April 8,2003 TO: Board of Supervisors FROM: Maurice M. Shiu,Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS010005 into CSA L- 100 I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California, having canvassed the return of all votes cast in the proposed annexation of MS010005 into County Service Area L-100 Lighting District held between February 11, 2003 and April 8, 2003 do hereby certify the following to be a full, true and correct Statement of Results of all votes cast on the following measure: County Service Area L-100 Lighting District Annexation and Annual Assessment for MS010005 YES 1 NO I further certify that the total number of ballots cast in the proposed annexation of MS010005 into County Service Area L-100 Lighting District at said election was one and attached hereto are the total ballots received for and against annexation and assessment. G:\GrpD&WSpDist\Board 0rdcrs12003\0"9-03 Bo-MSO10005.doc cc: H.Ballenger,Assist.PW Director,Engineering Services M.Morton,Engineering services S.Epperly,Special Districts D.Morabe,Special Districts TO: BOARD OF SUPERVISORS 31 FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: February 11, 2003 SUBJECT: ADOPT Resolution No. 2003/ 95 accepting the Engineer's Report and fixing a hearing for April 8, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010005, Walnut Creek area. (District 111) (WO 5001, ORG. 7394 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT Resolution No. 2003/95 accepting the attached Engineer's Report for a lighting assessment on the parcels in MSO 10005 to be annexed into County Service Area L-100. 2. FIX a Public Heiring for April 8, 2003 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: 7MCOMMENVAJIVIN OF UOUIN-1 TIMMISURATOR RECOMMENDATION OF BOARD COMMITTEE :;,'"PROVE OTHER SIGNATURE(S)-a ACTION oFB?7oN Feb. 11, 2003 APPROVED AS RECOMMENDED AX_OTHER 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. AYES: — NOES: ATTESTED- FEBRUARY 11� 2003 ABSENT: III ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator DM:sr GAQpData\9pDisW3oard Orders\2003\02-11-03 BO-MS010005.doc By Deputy Orig.Div:Public Warks(special Districts) Contact. Skip Epperly(313-2253) cc-.' County Administmtor Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Special Districts SUBJECT: ADOPT Resolution No. 2003195 accepting the Engineer's Report and fixing a hearing for April 8, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, MS010005, Walnut Creek area. (District .III) (WO 5001, ORG. 7394) DATE: February 11, 2003 PAGE: 2 H. FinancialImpact: 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 Background: 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. Conseauences of Negative Action: This project will not be in compliance with the Conditions of Approval for MS010005, and an alternative means to finance public right of way street lighting would have to be found.