HomeMy WebLinkAboutMINUTES - 05201997 - C19 I I L 17
To: , BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MAY 20, 1997
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A
HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO
BE ANNEXED TO COUNTY SERVICE AREA L-100, MINOR SUBDIVISION 11-96,
WALNUT CREEK AREA(WO 5001)
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. ADOPT the Resolution accepting the Engineer's Report for a lighting assessment on parcels in Minor
Subdivision 11-96 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for July 8, 1997 at 10:30 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.
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.
M. 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.
Continued on attachment: X Yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): /
ACTION OF BOARD ON: APPROVED AS RECOMMENDED / OTHER
V07OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SA:JG
g:\EngSvc\SpDist\jr\ms 119620.t5
1 a We and crorreet Cly of
Contact: Skip Epperly,(510)313-2253 gn action taken and entered on the minutes 1001
Orig.Div.: PW(Special Districts) pMd of Supervisors on the date shown.
cc: County Administrator ATTESTED
Assessor PHILT A,Clark me board
Auditor-Controller Supervisors d County Administrator
Community Development
County Counsel
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY
SERVICE AREA L-100, MINOR SUBDIVISION 11-96.
DATE: May 20, 1997
PAGE -2-
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Minor Subdivision 11-96, 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 May 20, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Canciamilla, DeSaulnier
NOES: None
ABSENT: Supervisor Gerber
ABSTAIN: None
RESOLUTION NO. 97/268
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND SETTING A
PUBLIC HEARING 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 Minor Subdivision 11-96 (the "Development")
consisting of 2 parcels with a remainder, more specifically described in Exhibit A.
2. On May 8, 1997 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 1996/97 (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.
S. The Board has 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 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.
RESOLUTION NO. 97/ 268
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the"Hearing") on July 8, 1997 at 10:30 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 "Notice") attached
as Exhibit C to the record owners of each parcel within the development. The ballot (the
"Ballot") attached as Exhibit 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 6066 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.
SE:JR:
g:\Eng Svc\S pDist\.1196reso.t5
Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator I hwft em"that thte to a true and correct fly at
Assessor an action taken and entered on the minutes of tl1i
Auditor-Controller Board of Supe ,sore IAhe d wn.
Community Development ATTESTED: ,Kay "1 -
f the
County Counsel of Supervvisors end County ATCHELOR,Clerk eAdrnl.W f
RESOLUTION NO. 97/ 268
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel A'ssessor's Parcel Number Owner's Name/Address
Remainder 188-220-031**** Robert J. & Cynthia Nichols
99 Post Road
Walnut Creek, CA 94595
188-220-031**"" Robert J. & Cynthia Nichols
"A" 99 Post Road
Walnut Creek, CA 94595
188-220-031**** Robert J. & Cynthia Nichols
"B" 99 Post Road
Walnut Creek, CA 94595
****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.
Three (3) Single Family Dwelling Units (2 Lots Plus a Remainder)
RESOLUTION NO. 97/268
EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1996/97
RESOLUTION NO. 97/268
On July 9, 1996, as an attachment to Resolution 96/313, 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, 1997. 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 County Service Area (CSA)
L-100 Lighting District.
RESOLUTION NO. 97/268
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing Minor Subdivision 11-96, consisting
of the two (2) parcels with a remainder described in Exhibit A. On May 8, 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 May 20,
1997, the Board of Supervisors adopted Resolution 97/268 fixing 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 1996/97 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 July 8, 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 July 8, 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. 97/268
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: Robert J. & Cynthia Nichols
Address: 99 Post Road
Walnut Creek, CA 94595
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/ 268
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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 July 8, 1997, at 10:30
a.m., to consider comments of any interested person, either written or
oral, to the proposed annexation of Minor Subdivision 11-96, Walnut
Creek Area, to County Service Area (L-100) Lighting District. 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'. May 20, 1997
By, —
Deputy Shirley Casillas
Publication Dates-.
June 11, 1997
June 25, 1997
l l99 ip
"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 July 8, 1997, at 10:30
a.m., to consider comments of any interested person, either written or
oral, to the proposed annexation of Minor Subdivision 11-96, Walnut
Creek Area, to County Service Area (L-100) Lighting District. 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: May 20, 1997
By:
Deputy Shirley Casillas
Publication Dates:
June 11, 1997
June 2.5, 1997
g1HngSvtlSplaatll 196not.t5
May B.1997
5-a.a-97
PROOF OF PUBLD3ATION
(2015.5 C.C.P.)
Notice Is hereby given that
the Board of St of
STATS OF CAUFORN(A Contra Costa County will
County of Contra Costa ^ Roemet n 07the 6oatd 651 Pine
Street, Martinez, California,
1 am a citizen of the United States and a resident of the to hold a public hearing on
July 8,1997,at 10:30 a.m.,to
County aforesald; I am over the age of elohteen years, consider comments of any
interested person,either writ-
and not a parry to or.lnterested In the above-entitled ten or oral, to the proposed
matte(. annexation of Minor Subdivi-
sion 11-96,Walnut Creek Ar-
ea, to County Service Area
I am the Principal Le ai Clerk of the Contra.Costa Times, (L-100) Lighting District. A
p copy of the Engineers Report
a newspaper of oeneral circulation, printed and pub- is on file with the Clerk of the
51
lished at 2640 Shadelands Drive In the Cl of"Wainut Board a Supervisors, rti
City Pine Street,Room 106,Marti-
Creet� Coun of Contra Costa, 94598. nez,California,and the Public
Marti-
Creek. ry Works Department,255 Gla-
cier Drive, Martinez, Califor-
And which newspaper has been adjudged a newspaper nia.
of oenerat circulation by the Superior Court of the County Phil Batchelor
Clerk of the Board
of Contra Costa, State of California, f
ia, under the date of Supervisors and County
'October 22, 1934. Case Number 19764. Administrator
Attested:May 20,1997
The notice, of which the annexed Is a printed copy(Set in DeputyShirley Casillas
Leg al CCT 1254
type not smaller than nonpareli), has been published in Publish:June 11,25,1997
each reoutar and entire Issue of said newspaper and not
In any supplement thereof on the following dates, to-wit:
.�.l..f.. _ ................:......................----....
all In the year of 19---97_
( cert((/ (or declare) under penalty of perjury that the
foreoolno Is true and correct.
Executed at Walnut
lnut `Creek, California.
t.
On this 4. day of`-� _ , 1997..
.... ...................................
Slonature
Contra Costa Times
P.O: Box 4147
Walnut Creek, CA 94,596
(510).935-2525
Proof of Publication of:
.(attached is a copy of the legal advertisement that pub-
ffshed;
RECEIVE®- r
3 0 T
CLERK BOARD OF SUPERVISORS
CONTRA COSTA.CO.