HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-70 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 10, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NODE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO.2004/ 74
SUBJECT: ADOPT Resolution No. 2004/ A) accepting the Engineer's Report for County Service Area L-
100, SD 028594 and fixing a hearing for April 6, 2004 at 9:30 a.m. to consider levying an
assessment for additional parcels to be annexed, Lafayette area. (County Service Area L-100)
(District ll) Project 7394-6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing SD 028644 (the"Development")consisting of one (1)parcel,
more specifically described in Exhibit A.
2. On December 29, 2003 the applicant for the Development submitted a request to the Department
of Public Works for inclusion of the Development into County Service Area (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 formof 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 2003/2004 (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 Supervisors on
the date shown.
GAGtpDa4SpDisABoar4 Orders12004',02-10-04 BO-Sub 8694,doc
Orifi,Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2233) ATTESTED: FEBRUARY 10, 2004
CC: County Administrator JOHN SWEETEN,Clerk of the.Board of Supervisors and County
Assessor
Auditor-Controller Administrator
Community Development
County Counsel
D.Morabe,Sp.Dist, By Deputy
RESOLUTION NO.2004/ 70
SUBJECT: ADOPT Resolution No. 2004/70 accepting the Engineer's Report!for County Service Area L-
100, SD 028694 and fixing a hearing for April 6, 2004 at 9:30 a.m. to consider levying an
assessment for additional parcels to be annexed, Lafayette area. (County Service Area L-100)
(District 11)Project 7394-6X5001
DATE: February 10, 2004
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program: on July
8, 2003. 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 April 6,2004 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 mil 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 Beard 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; confmrns the
Final Report; and levies the Assessment for the Fiscal year referred to in the:Engineer's Report.
RESOLUTION NO. 2004/70
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SD 028694
Parcel Assessor's Parcel Description Factor Unit Proposed.
Number Assessment
FY 04/05
1 177-140-001 Vacant/ .5 $7.47
Residential
- -T
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Li titin Char e
2401 CSA L-100 $14.94 $548,195.48** 36,690.00**
Proposed CSA L-100 $7.47 $7.47* 1*
Annexation
New CSA L-100 $7.47 $548,202,95 36,691.00
Totals
Nates:
* Factor Units at$14.94 each (0.50 Factor units X$14.94=$7.47)
** Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2003/2004 Tax Roll and
approved by the Board of Supervisors on July 8, 2003.
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-IOU STREET LIGHTING DISTRICT
Property Owner's List
Parcels Assessor's Parcel Number Owner's;Name/Address
1 177-140-001* Massoud Fanaieyan
38 St. Stephenss Dr
Orinda, CA 94563
* The new Assessor's parcel Numbers are not available at this time. New Assessors parcel numbers will be sent
to the Centra Costa County public Works Department as they are available.
**please see Engineer's Deport Addendum to determine the number of Factor Units for this parcel
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 200312004
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 XIID,
Section 4, of the California Constitution, the County Service Area Lav (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.
D • 4
ated• By; di
BreatherBkfengei
Assistant Public Works Director
RCE No. 41746
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77--140-001 DR:0.8.li,
3520 Mt, Diable Blvd., Stc. 202 Fe;
LAFAYET`TE Lafayetie, CA 94545
CALIFORNIA (925) 962-0823 FILE:523dm
(925) 952-0525 FAX �yre.CJ
,108 NO:523
EXHIBIT C
BALLOT NOTICE
Why dirt 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.
Haw Much is the Assessment?
The parcel is assessed a Factor of 0.5, derived from the Land Use Code, based on base rate of$14.94 per Factor
Unit. The total amount levied by the assessment, with regards to this development is approximately $7.47 per
year(0.5 factor units X $14.94)
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 allocatedthe
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.
Mali 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 2, 2004 or you may hand
carry your ballot to the Public Hearing on April 5, 2004. 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, is opposed to the assessment, the assessment will not be
imposed.
.Ballet 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 April 6, 2004 at 9:30 a.m. in the Beard 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 nearing, 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 8, 2003, as an attachment to Resolution 431432, 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
2003/2004". 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, adapted
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
$14.94 multiplied by the number of Factor Units for that parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed$7.47 per Factor Unit in Fiscal Year 2044/45.
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 fora 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-104 Lighting District.
EXHIBIT D
County Service Area L-I00 Lighting District Annexation
Ballot
Assessor's Parcel Tilos.: 177-140-001
Annexation Of: SD 028694
Record Owner: Massoud Fanaieyan
38 St. Stephens Ur.
Orinda, CA 94563
Yes, I approve of the proposed annual assessment of$7.47 on the parcel
identified in this ballot.
No, I do not approve of the proposed annual assessment of$7.47 on the
parcel identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Irate