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HomeMy WebLinkAboutMINUTES - 06171997 - C36 sC 0007 31 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 2010-94, BRENTWOOD AREA (WO 5001) r 337� 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 a parcel in LUP 2010-94 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. 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. Continued on attachment: X Yes SIGNA /l RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): / ACTION OF BOARD ON: APPROVED AS RECOMMENDED ✓ OTHER VOTJOF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:JR:cs g:\EngSvc\SpDist\BO\Lup 2010.0 Contact: Skip Epperly,(510)313-2253 Orig.Div.: PW(Special Districts) I hereby car*that this is a true and correct copy of an action taken and entered on the minutes of the cc: County Administrator Board of Supetsors on the date shown. Assessor /1T1 ESTED: Auditor-Controller PHIL TCH6LOR,CI e of the bo rd County Counsel Community Development of Super sots and County Administrator Deputy 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 2010-94. 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 2010-94, 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 .lune 17, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/328 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 2010-94 (the "Development") consisting of One (1) parcel, more specifically described in Exhibit A. 2. On April 6, 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 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. 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. SE:JR:CS g:\EngSvc\SpDist\.BO\LUP 2010-9435 Orig.Dept.: Public Works Department(Special Districts) Contact: Skip Epperly,313-2253 1 hereby certliy that this is a true and correct OM of ocft ft cc: County Administrator an Board cof 8taken supel'�anrsdentered to am me minutes Assessor on Auditor-Controller Amp iL NELOR,CI rk of the rd Community Development of Supe sore and County Administrator County Counsel By oew,ty Resolution No. 97/ 328 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 Marvin & Belinda Ruport C 015-270-003 4071 Orwood Road Brentwood, CA 94513 ****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. One (1) Commercial Parcel (5 Factor Units). Resolution No. 97/ 328 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/ 328 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2010-94 Parce'I Assessor's Parcel Descnptron Factor Proposed Number Unit Assessment: FY 1997198 C 015-270-003 1.373 Acres 5.0 (.556 Hectares) ..................................... ....................................................................................................................................................................................................... ........................................................................................ .................................................................................................................................................... ........ ... ......._ _-.... . ......1111 ........ ........ ........ __ __ .... . .....I.. .. ............. Fund Tax Bill Basic Street Total Dollars:: Eactor<Un�ts; L'teraI L�ghtIng Charge 12401 CSA L-100 $14.94 $612,783.20 40,985.00 Proposed CSA L-100 $14.94 $74.70 5.00 Annexation New CSA L-100 $14.94 $612,857.90 40,990.00 Totals Notes: 1) One (1) Commercial Parcel (5 Factor Units X $14.94 Factor Rate) _ $74.70. 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. 97/328 ASSESSMENT DIAGRAM OF LUP 2010-94 Contra Costa County County Service Area L-100 Street Lighting District ;. PARCEL MAP . SUPPORTING EXF.,'*t1:BI-T PORT/ON-OF••TNE—N.W.//1. SEC:/4,: ' FIN. M.O.B.BM:,ALSO.B£/NG A P6RT/OAS OF PARCEL.B,33L.S.A129 CONTRA COSTA COUNTY,CALIFORNIA MS. /0-73 POINT OF BEGINNING I e ff.//B r:.C-0 s...•o.d.rrA..r.c.r w cw.ai;ch +— Sw.yN M Jw,rAM-.L.55014 L/L..wd LwdS—r % ORWOOD RO J r/. S/,/A Od.d.A 7.C../io c., M7 _ 85_i 0,30'r 667.75 Or Ir.lwy. SURvfrLat'S CFRfrF/CAl[ 176.6! 171./8 176.33 /83.79 rN/s MAP WAS PREPARED or M£OR ONOER Mr R•t0,00, R•20.00 1 .�, q,tp pp DIRECTION ANO/S BA SEP L/PON A FIELD SL/RYEI t A•93.4000• A•86?d $ R d•9!•.0.00" L•Jt 70 L•JO./d I I /N CONFORMANCE WITH THE RfOO/R£AKNTS OF Jd JO' L•Jr.TO TNfSOeOWSION MAP ACT T rHf REOU£sr OF L REP ICR "V APRIL //71.I NEREA ♦ I w 1 _ CENT/rr IT CONFORMS rN[AAPPROVEDIfNTAT/Vf MA MAP AND THE COMDIp/7rOMs Of IIMOv. PARCEL B ^ PARCELC I w r/1EREw,rNAr ALL PROVISIONS Or'APPLICASLC I STATE LAI AND LOCAL ORDINANCES NAVE 94 ;z + BEEN COMPLIED WITH. tjrpri rNOWAs L530N PARCEL IJ7 p • ^ �• s 197.91 189.91SURYf rOR"S CERTIFICATE w I♦ w rXIS MAP HAS BEEN EXAMINED TH/S1�OAr D! ` 583.38!0 E .I7.93 I Y f '? Mnv 197L FOR CONFORMANCE W17N THE REOOIRfMfN/S OF srcr/ON 1/173 Or THE G I. I w •% SLIBDIVISION MAP ACT. � ; C a ,f YICTOR M. SAGER N PARCEL A oI I RUAp COM.WJSS/OMER-SVRVfrOR 03 N 4 Oa ♦ M A a N 'I b oz.-Orr ROAD c M SS/ONER-svAvfr0R t I RfCOROfRt CERTIlICAre I tt.OJ .10.06 JO.06 FILED TIO .•.•DAr OF /975,ArL�M. l878f 197.67 /81.79 AN BOOR'jj_DF PARC L M r PA6£_.C- 440.00 585.38•!0 f Ar THE REOOfsr OF V w ai llrR r.,Ifa LP. 717.73 0 rob L.i tlrl lL IYY LP ' T.6.L.S.tdl/ :•iL'^.•iii t: J.R. OL SSON BASIS Or BCAMN6 J C T r RECORDER :•, . OUN O[ Lfc N - �. -' �Tot,A.seJ•s6�o"£ B.Ar6 The ,.... ..._.-_...._..__" -. .Nor/ANry ,d/ OI MS Jt)•61 _. Br . • /'...d J/B"RIA«M'/A AA,.Jwrn CoP.SN.p./L.SJO/I orY C ONTT wfCOROfR ' Resolution No. 97/ 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 $74.70 in Fiscal Year 1997/98. Methodology for Calculating Street Lighting Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as 8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill; (2) the number and types of parcels within each Service Area, (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unforseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the County Service Area (CSA) L-100 Lighting District. Resolution No. 97/ 328 y N pvp -{ c.i n 0 °m NZm � � 9° Z �O OO °0 C)-00 003S VA � 4 O m(p rn (p tlr CD a rn"' ® O G� p m fi►ZZ GO Z -d n -o - nrn N► ✓ C7 • n ?)Z$ t f) mm 0 �y y nN Z (r N GY, d r G O o+ ,-A p w Z C ) q D rn cYn o U) rti y 2 o ,,,� w(A N Ca ca 2_m mo ro (P m sy -m m Z, U, p my o3 Z p c0 cs, 's s� 9 v Nrn aG 4 .3 1 5v.W `�� u Y m m n cmn�t :33 p N 2 Z (P O oZ U) G o ro m O a .A 04 r edn ©, R, v� J3 CD ep G CD ��!h A �•' too �2 Ico o SA r a m arno � ?t rn N m N_ Z c oZ'o R, bG m '' o Z -� Zp ma Zc9l� �p o o p yp .A 3 153 p p cmr-C_�- -3;p 153 #P C:3— 9 m O -p-� x my `� 9 a N O 0 111/ff� J O O a w Z 2 � fi o oQZ-A t �v = O o na 0th G m TTN -A to 7FA zm TA r' m � mx v cn N s2 .J �c W cn o o a:.A tS� y (o m n un o e►� a m rad -- C "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 2010-94, Brentwood 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 106,1 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: >T Deputy Shirley Casillas Publication Dates: July 16, 1997 July 22, 1997 g:IL c1SP-f'2010.94.0 c9,19 "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 2010-94, Brentwood 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 By, � Deputy Shirley Casillas Publication Dates: July 16, 1997 July 22, 1997 g 1GnFSvc\5pDist12010.94.COB Junc 9,1997 PROOF OF P UFS U GATI O Notice is hereby given that the Board of SupeuMy w"l Contra GOSta Coo meet In the Board Chambers, Rooth 147, at 651. Pine Street, Martinez, California, to hold a public hearing on Aug , 199 ugust 7, at 16:34 STAT OF CAUFORNIA a.m.,to consider comments of any interested Person,el- County of Contra Costa they written or oral, to the proposed annexation of I-lJP i am a citizen of the United States and a resident of the Countyy4§ervice Arrea(L--144) ist County aforesaid; i am over the a08 of elohteen years. the"tE n i eerrs tR Port ps on and not. a party to or interested In the above-entitled fitBoard the Clerk the ardd ,of Supervisors, 651 matter. Pine Street,Room 106,Marti- nez,califomia,and the Public I am the Principal I..ecal Cleric of the Contra.'Costa'ilmes. Works pePartment,255 Gla- cier Orive. Martinez, Garifor- a newspaper of general circuiatfon, .printed and pub- nia. Ilshed. at 2650 Shadelands (Drive In the City of Walnut Phil Batchelor Clerk of the Board Creef{ County of Contra Costa, 94596. of supervisors aAd COutor And which newspaper has been adjudged a newspaper Attested:June 17,S r of general clrcutation b ti-ke Superior Court of the County deputy Shirley Casillas y pe t_eggal GCT i aas of Contra Costa, State of Calffomla, under the date of Publish:July 16,22,1997 October 22, 1934. Case Number'15764. The notice, of which the annexed is a printed copy(set In type not smaller than nonpareil), has been published In each regutar and entire issue of said newspaper and not In any supplement thereof on the fotfowing dates, to-wit. ............. �.l.t � .._..._......_.............___.- - -------- all In the year of 19.9.7. I certify (or declare) under penalty of perjury that the ` faregotno is true and correct. 1 ExecutedWalnut eek, Califo nla. On this Jay of .t� ._ 19 97.. ......... ..E� ... slonature Contra Costa Times P.O. Box 4147 Walnut Creek, CA 94596 (510).935-2525 . Proof.of Pubticatton Oft (attached is a copy of the legal advertisement that Pub- Ushers) R ECEVED ZL 2 41997 CLM BOARD OF SUPERVISORS CONTRA COSTA CO.