HomeMy WebLinkAboutMINUTES - 04221997 - C.17 C./7
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: APRIL 22, 1997
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND SETTING A
HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO
BE ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 7456, ALAMO AREA
(WO 5001)
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. ADOPT the Resolution accepting the Engineer's Report for annexation of Subdivision 7456 to County
Service Area L-100.
2. SET a Public Hearing for June 10, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers
to consider the results of the ballots submitted for the proposed assessment.
3. DIRECT the Public Works Director to mail a written notice and ballot to each parcel owner within the
development in compliance with Proposition 218.
4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with
Section 6061 of the Government Code.
H. 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.
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
now requires that new assessments be approved by a vote of the property owners involved. The Board Order
and Resolution complies with the requirements for new assessments under Proposition 218.
Continued on attachment: X Yes SIGNATURE: C
/��Lj
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON: APPROVED AS RECOMMENDED OTHER
VOT F SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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1 Nerabq oeAM that this is s true WA eared o0q d
Contact: Skip Epperly,(510)313-2253 an action taken and entered on the minutaa�1 IIN
Orig.Div.: PW(Special Districts) Board of S rvtsots on the Gat3 shown.
cc: County Administrator p
Assessor A]160 CMELOR,Cle of the bo
Auditor-Controller d WtPatrMitn aad Courdy MWnWAdW
Community Development
County Counsel M
ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND SETTING A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY
SERVICE AREA L-100, SUBDIVISION 7456.
APRIL 22, 1997
PAGE 2
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 7456, and an
alternative means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on 04/22/1997 ,:by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/ 201
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND SETTING A
PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR
ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA
L-100
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 7456 (the "Development") consisting
of six parcels, more specifically described in Exhibit A.
2. On March 6, 1997, the applicant for the Development submitted a request to the
Department of Pubic 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 service. 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 XIII D 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 Lighting Service Charge for Fiscal Year 1996-1997" (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 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.
6. The Board adopted the Engineer's Report for the Countywide Street Light Program
on July 9, 1996. Based on its review of the Engineer's Report, the Board found 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 June 10, 1997 at 10:30
a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez,
California 94553.
RESOLUTION NO. 97/201
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 "Notice") attached
as Exhibit C to the record owners of each parcel within the development. The ballot (the
"Ballot") attached as Exhibits D and the Engineer's Report shall be attached to the
Notice.
3. The Board directs the Clerk of the Board to give written notice of the Hearing
pursuant to Section 6061 of the Government Code.
4. 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 protests 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.
5. 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.
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Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator f hereby oertlfy that ft E!a Eros end MM"'copy of
Assessor an action taken and entered on the mks of the
Auditor-Controller
Board of Supe On go date shown.
Community Development ATMSTMpard
County Counsel rq AdMk*1trat0r
a
RESOLUTION NO. 97/ 201
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Assessment Diagram of Subdivision 7456
and
Property Owners List
RESOLUTION NO. 971201
1
. I
EXHIBIT A
1
CONTRA COSTA CO
COUNTY SERVICE AREAL-100 SL10iiTiNG ISTRIGT
Assessment Diagram of Sub&ision 7456
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EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
.::....
Assessment : Lot;Number Assessor's Parcel Qwner's Name/Address
Number :Number ;i
1 1 192-220-008**** Blackpointe Homes Inc.
3000 Citrus Circle, #111
Walnut Creek, CA 94598
2 2 192-220-008**** it
3 3 192-220-008**** "
4 4 192-220-008**** "
5 5 192-220-008**** "
6 6 192-220-008**** "
****The Assessor's Parcel Numbers are not available at this time. New Assessor's parcel
Numbers will be sent to the Contra Costa County Public Works Department as they are
available.
Six (6) Class A, Single Dwelling Units, Reference Code 12.
RESOLUTION NO. 97/ 201
EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1996-1997
RESOLUTION NO. 97/ 201
On , as an attachment to Resolution 97/ , 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 1996-97." 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/ 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 $14.94 in Fiscal Year 1997-98
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) unforseen 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 Countywide Street Light
District, CSA L-100.
RESOLUTION NO. 971 201
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing Subdivision 7456, consisting of the
six parcels described in Exhibit A. On March 6, 1997, the owner of these parcels submitted a
request to the County Department of Public Works to annex them into County Service Area L-
100 ("CSA L-100"). In anticipation of this annexation on April 8, 1997, the Board of Supervisors
adopted Resolution 97/ setting a public hearing to consider levying an assessment (the
"Assessment") on these parcels.
Exhibit B, "Addendum to the Final Engineer's Report to the Board of Supervisors for
Establishing a Street Lighting Service Charge for Fiscal Year 1996-1997 "includes (1) the total
amount that will be chargeable to CSA L-100 if the Assessment is adopted; (2) the amount that
will be chargeable to the property you own, as identified in exhibit A; (3) the methodology upon
which the Assessment is based; and (4) the duration of the Assessment.
The Board of Supervisors will conduct a public hearing to consider levying the
Assessment (the "Hearing") on June-1`p 1997 at 10:30 a.m. in Room 107 of the Board of
Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Hearing, the
Board of Supervisors will consider all protests against the Assessment and tabulate the ballots.
Procedures for tabulating, completing and returning ballots: The Board will not impose
the Assessment if there is a majority protest. A majority protest exists if, upon the conclusion
of the Hearing, the total amount of the Assessments chargeable to parcels whose owners
submit ballots in opposition to the Assessment exceed the total amount of the Assessments
chargeable to parcels whose owners submit ballots in favor of the Assessment.
A ballot is attached to this notice. The ballot may be completed and mailed to the
Contra Costa County Department of Public Works, Special Districts, 255 Glacier Drive,
Martinez, California 94553. The Ballot must be received by the Department of Public Works
on June 3, 1997. Immediately before the Hearing, the Board of Supervisors shall consider
any objections or protests to the Assessment and certify the tabulation of the ballots. The
Board of Supervisors will not impose the Assessment if there is a majority protest.
RESOLUTION NO. 971 201
EXHIBIT D
Ballot
Assessor's Parcel Nos.: (The Assessor's parcel numbers will be provided to the Public
Works Department as soon as they are available.)
Record Owner: Blackpointe Homes, Inc.
Address: Blackpointe Homes, Inc.
3000 Citrus Circle, No. 111
Walnut Creek, CA 94598
Yes, I approve of the proposed annual assessment of$14.94 on each
of 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.
RESOLUTION NO. 97/ 201
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"Notice is hereby given that the Board of Supervisors of Contra Costa
County will meet in the Board Chambers, Room 107 at 651 Pine Street,
Martinez, California, to hold a public hearing on June 10, at 10:30 a.m.,
to consider comments of any interested person, either written or oral, to
consider levying an assessment for additional parcels to be annexed to
County Service Area L-100, Subdivision 7456, Alamo Area. A copy of
the Engineer's Report is on file with the Clerk of the Board of
Supervisors, 651 Pine Street, Room 106, Martinez, California, and the
Public Works Department, 255 Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Attest: April 22, 1997
By:
.ate
Deputy S i ley Casillas
Publication Dates:
April 30, 1997
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PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 9, 1997
TO: Ann Cervelii, Deputy, Clerk of the Board
FROM: J. Michael Walford, Public Works Director
SUBJECT: Public Notice to consider levying an assessment for additional parcels to be
annexed to County Service Area L-100, Subdivision 7456, Alamo Area -
Setting of Public Hearing
Please set June 10,1997, at. 10:30 a.m., in the Board of Supervisor's
Chambers, 651 Pine Street, Martinez, as the time and place for a public
hearing to consider oral and written objections or comments concerning the
levying of an assessment for additional parcels to be annexed to County
Service Area L-100, Subdivision 7456, Alamo Area.
Please publish a public notice of said public hearing at least ten (10) days prior
to the hearing pursuant to Public Resources Code Sections 26557, 26561-5.
A copy of a draft public notice is attached for your reference and use in
preparing this notice.
Contact Skip Epperly of my staff at 313-2253 if we may be of any further
assistance in this matter.
JMW\SE:cs
g:\EngSvc\SpDiat\L-100C 0 B.t4
Attachment
cc: M.Avalon, Engineering Services
S.Epperly,Special Districts
D.Heisch,Administration
PROOF OF .PUSUCATION
"Notice .hereby that
(2015-5 C-C.P-) the Board of
S.i�-11 r. of
Contra Costa un
Meet In the Board Chambers,
Room 107 at 651 Pine Street,
STAT OF CAUMRNIA Martinez,Ca
�hie I -ao
p0:30 hear eann,3%n'June 1100'd a
County of Contra Costa 0 at
0:30 a.m.,to consider com-
ments
a citizen of the United States and a resident of the ments of any Interested per-
son,either written or oral,to
a aQe of elohteen Yc3rs consider levying an assess-
County aforesald, I am Over the ment for additional parcels to
and not a party to or-interested In the above__entltle� be annexed to CounY S -
vice Areae Sub ivi.,porn
matter. 7456Alamo Area,A copy of
the Engineer's Report is on
I am the Principal Lecal Clerk of the Contra Costa Times- file with the Clerk of theBoard of Supervisors, 651
a newspaper Of 0enoral circulation, printed and pub- Pine Street,Room 106,Marti-
nez,California,and the Public
Ushad at 26-40 Shadelands Drive In the 01 Works Department,255 r Drive, Martinez, Califor-
Gla-
Creek. CountyCounty of Contra Costa. 94596. ncie
And which newspaper has been adjuidoed a newspaper Phil Batchelor, Clerk of the
Board of Supervisors and
of genera( circulation by the Superior Court of the County County Administrator
of Contra Costa, State of Callfornla, tinder the date of Attest:April 22,1997
BY:Shirley Casillas
-.October 22, 1934. Case Number 19764. reggal CCT 9904 Deputy
The notice, of which the annexed Is a printed copy(set In Publish April 30,1997
type not smaller than nonparell), has been published..in
each reoular and entire Issue of said newspaper and not
In any supplement thefeo(on the (Ot(OvAnO dates, to-WL:
...............I................... ..
all In the year of 19_97
1 certify (or declare) under penalty of perjury that the
fore0olno Is true and Correct.
aecuted at Walnutek, C ""Om'a.
On ....AJay of 19-97
4 . .......... . ....
Signature .
Contra Costa Times
P.O: BOX 4147
Walnut Creek, CA 94596
(510),935-2525
Proof of PublIcation of:
..(attached is a Copy Of the (e0al advertisement that. pub-
Ushed)
7
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