HomeMy WebLinkAboutMINUTES - 06171997 - C35 TO': BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 17, 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, LUP 2018-95, EL SOBRANTE AREA
(WO 500'1)- 7,3clY
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 LUP 2018-
95 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for August 5, 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.
4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with
Section 6066 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.
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: u _ APPROVED AS RECOMMENDED— OTHER
VOTY OF SUPERVISORS
UNANIMOUS (ABSENT----)
AYES: NOES:
ABSENT: ABSTAIN:
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Contact: Skip Epperly,(510)313-2253 gnn taken end enterethe date Mourn'
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Orig.Div.: PW(Special Districts) Board of SupeMSM On
cc: County Administrator ATTESTED:
Assessor pHI ATCHELOR. Of the'
Auditor-Controller Of Su Moore and counlyAdmir.:::-".`)r
Community Development '
County Counsel - eputy
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, LUP 2018-95.
DATE: JUNE 17, 1997
PAGE -2-
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for LUP 2018-95, 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 June 17, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/ 327
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A
PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDI-
TIONAL 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 LUP 2018-95 (the"Development") consisting of two (2) parcels,
more specifically described in Exhibit A.
2. On October 26, 1996 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 1997/98 (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.
6. 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.
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the"Hearing") on August 5, 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.
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Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253 1 hereby eeift that thle Is a true and correct copy of
cc: Court Administrator
an action taken and entered on the minutes of the
County Board of Supervisors on the date s o
Assessor
Auditor-Controller $PHIL HELOR,CI rk of the board
Community Development of Superw7sors and County Administrator
County Counsel `
� - Dep+nfr
Resolution No. 97/ 327
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Parcel Assessor's PsrcelNumb'er Owner's Name/Address
1 431-070-023 Hope Lutheran Church
2830 May Road
EI Sobrante, CA 94803
Hope Lutheran Church
2 431-100-001 2830 May Road
EI Sobrante, CA 94803
Two (2) Institutional Parcels.
Resolution No. 971327
EXHIBIT B
ADDENDUM TO THE
FINAL ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
A STREET LIGHTING SERVICE CHARGE
FOR
FISCAL YEAR 1997/98
Resolution No. 97/ 327
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
LUP 2018-95
Parce Assessor's Parcel Description Factor Proposed
um er ni ssessmen
FY 1997/98.
1 431-070-023 1.075 Hectares 5 $74.70
(2.657 Acres)
2 431-100-001 0.186 Hectares 5 $74.70
(.460 Acres)
Fund ........................Tax Bill Basic S reet Total Dollars Factor=:Units.:
Literal Lighting Charge
2401 CSA L-100 $14.94 $612,783.20 40,985.00
Proposed CSA L-100 $14.94 $149.40 10.00
Annexation
New CSA L-100 $14.94 $612,932.60 40,995.00
Totals
Notes:
1) Two (2) Institutional Parcels (10 Factor Units X $14.94 Factor Unit) _ $149.40.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1996/97 Tax Roll
and approved by the Board of Supervisors on July 9, 1996.
Resolution No. 97/ 327
ASSESSMENT DIAGRAM OF LUP 2018-95
Contra Costa County
County Service Area L-100 Street Lighting District
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Resolution No. 97/ 327
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, 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
$74.70 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $74.70 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/ 327
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing LUP 2018-95, consisting of the Two (2)
parcels described in Exhibit A. On October 26, 1996, 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 June 17, 1997, the Board of Supervisors adopted Resolution 97/ 327
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 1997/98 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 August 5, 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 August 5, 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 malority protest.
Resolution No. 97/ 327
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: Hope Lutheran Church
Address: 2830 May Road
EI Sobrante, CA 94803
Yes, I approve of the proposed annual assessment of$74.70 on each of parcels
identified in this ballot.
No, I do not approve of the proposed annual assessment of $74.70 on each of
these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Resolution No. 971327
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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 August 5, 1997, at 10:30
a.m., to consider comments of any interested person, either written or
oral, to the proposed annexation of LUP 2015-95, El Sobrante 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: June 17, 1997
13y:
Deputy Shirley Casillas
Publication Dates:
July 16, 1997
July 22, 1997
sE 5ueleprisa.ur2 •9s.con
�7ufe 9,,v97
"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 August 5, 1997, at 10.30
a.m., to consider comments of any interested person, either written or
oral, to the proposed annexation of LUP 2018-95, El Sobrante 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 1063 Martinez, California, and the Public Works
Department, 255 Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Attest: June 17, 1997
By:
Deputy Shirley Casillas
Publication Dates:
,July 16, 1997
July 22, 1997
gAng 8vO SpDist1UP2016.95.COD
June 9,1997
Notice is hereby given that
PROOF O F P U B U CA T I O N the Board Costa
Suppeervisors of
Contra Costa County will
meet in the Board Chambers,
Room 107, at 651 Pine
(+201 15r..5 G.C.P.) Street, M. Inez, California,11 t to hold a public hearing on
August 5, 1997, at 10:30
a.m., to consider comments
STAN OF CAUFORNIA of any interested person, he
then written or oral, to the
County of Contra Costaproposed annexation of LUP
2018-95 EI Sobrante Area,to
County§ervice Area(L-i 00)
i am a citizen of the United States and a resident of the Lighting District. A copy of
County aforesaid; ( am over the age of elt)hteen Years. the Engineer's Report is on
file with the Clerk of the
and not a party to Or-lnierested in the above-eRt(tled Pine street,Roam 106,M 651
ani-
rnatter, nez,California,and the Public
Works Department,255 Gla-
cier Drive, Martinez, Califor-
f am the Principal Legal Ctedk of tha Contra Costa Times, nia.
a newspaper of penerai clrcutatlon. printed and pub- Phil Batchelor
lished.at 2640 Shadelands Chive .In the City of'Wainut
Clerk of the Board
Creek. County Of COCttta C45ta. 9459$. of Supervisors and County
Administrator
Attested:June 17,1997
And which newspaper has been adjudoed a newspaper Le®ai CDgutyShirley Casil,as
of denera-1 circufatlon by the Superior Court o!the County Publish:July 16,22,1997
of Contra Costa, State of California, under the date of
October 22. 1934.Case Number 19764.
The notice, of which the annexed is a printed copy(set in
type not smatter than nonparell), has been published In
each reQutar and entire issue of said newspaper and not
In any supplement thereof on the foliowin,a dates, to-wit:
all In the year of 19.97
I certify (or declare) under penalty of perjury that the
foreootno is true and correct.
Executed at Wainu Creek California.
On this . . ay of�... . ....
....,, _. ........................................
SEonature
Contra Costa Times
P.O. Sox 4147
Walnut Creek CA 94596
(510)935-2525 -
Proof.of Publication of:
(attached is a copy of the leoal advertisement that pub-
Itshed)
NED
aL 2 41997