HomeMy WebLinkAboutMINUTES - 06031997 - C29 c. 2f
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 3, 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 9-96, OAKLEY
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 9-96 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for July 22, 1997, 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 PFORerty owners
voting on the proposed assessment. The Board Order and Resolution complies with Ite req nts for new
assessments under Proposition 218.
Continued on attachment: X Yes SIGNATURE: Vi ` UM
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON: 7 APPROVED AS RECOMMENDED OTHER
VOT OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:JR
g:\EngSvc\SpDist\MS9-96 3.6.t5
Contact: Skip Epperly,(510)313-2253 1 hereby t0k0 that this Is a true and correct copy of
OriDiv.: PW(Special Districts 8n action to Super, and entered on the minutes
o the
Orig. ( p ) Board of Superc•ors on the n shown.
cc: County Administrator /9177
Assessor Al TESTED'
Auditor-Controller PHIL 3 CHELOR, :irk of t,*board
of supervisors and county Administrator
Community Development
County Counsel
- 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, MINOR SUBDIVISION 9-96.
DATE: JUNE 3, 1997
PAGE -2-
IV. Conseauences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Minor Subdivision 9-96, 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 June 3, 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/290
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING 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 9-96 (the "Development")
consisting of one (1) parcel with a remainder, more specifically described in Exhibit A.
2. On March 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 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
Engineers 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.
RESOLUTION NO. 97/290
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows.
1. The board will conduct a public hearing (the "Hearing") on July 22, 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:\EngSvc\SpDist\.MS996Res.t5
Orig.Dept.: Public Works Department(Special Districts) I hereby certlfy that this fs a tn,e ane correct copy of
Contact: Skip Epperly,313-2253 an ectlon ta:cen and entered on the minutes W the
Board of Supervtsors on the date shown.
cc: County Administrator ED: h inP ffMST -3, 1199_
Assessor PHIL BATCHELOR,Clerk of the board
Auditor-Controller of SupoMms and CowlyAdminlatrator
Community Development
County Counsel �W,I , OADo"
RESOLUTION NO. 97/ 290
i
I
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`
Nello & Clara Ghilarducci
1 034-060-004**** 2141 O'Hara Avenue
Oakley, California 94561
034-060-004**** Nello & Clara Ghilarducci
Remainder 2141 O'Hara Avenue
Oakley, California 94561
****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) Single Family Dwelling Unit with a Remainder.
RESOLUTION NO. 97/ 290
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. 97/290 _
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
Minor Subdivision 9-96
Parcel Assessor's Parcel Description Factor Proposed
Number Unit Assessment
FY 97/97
1 034-060-004 .472 Hectare 1.0 $14.94
Remainder 034-060-004 4.741 Hectares 0.05 $7.47
Fund Tax Brll Basic Street; Total fJollars FactorUnits
L�tera'I Lighting:Charge
2401 CSA L-100 $14.94 $612,783.20 40985.00
Proposed CSA L-100 $14.94 $22.41 1.50
Annexation
New CSA L-100 $14.94 $612,805.61 40986.00
Totals
Notes:
1) 1.5 Single Family Dwelling Units (1 parcel plus a remainder) at $14.94 each = $22.41
2) Total Dollars and Factor Units takes from CSA L-100 Final engineer's Report for the
1996/97 Tax Roll and approved by the Board of Supervisors on July 8, 1997.
RESOLUTION NO. 97/290
ASSESSMENT DIAGRAM OF MINOR SUBDIVISION 9-96
Contra Costa County
County Service Area L-100 Street Lighting District
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1LLECCI & ASSOCIATES I . FILE NO.: 960 151 sHEET 2 OF 2
L ENGINEERING-LAND PLANNING-LANG? SURVEYING
PH. (510) 685-4569 EXHIBIT
h0 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 A
RESOLUTION NO. 971 290
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 $14.94 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 97/98.
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/ 290
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing Minor Subdivision 9-96,
consisting of the one (1) parcel plus a remainder described in Exhibit A. On March 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 3, 1997, the Board of Supervisors adopted Resolution 97/290 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 Assess-
ment.
The Board of Supervisors will conduct a public hearing to consider levying the
Assessment (the "Hearing") on July 22, 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 22, 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 maiority
protest.
RESOLUTION NO. 97/ 290
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: Nello & Clara Ghilarducci
Address: 2141 O'Hara Avenue
Oakley, California 94561
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. 971290
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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
22, 1997, at 10:30 a.m., to consider comments of any interested
person, either written or oral, to the proposed annexation of Minor
Subdivision 9-96, Oakley 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 105,
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 3. 1997
Y-
Deputy Shirley Cd-silas
Publication Dates:
June 24, 1997
June 27, 1997
Svc cnb
"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
22, 1997, at 10:30 a.m., to consider comments of any interested
person, either written or oral, to the proposed annexation of Minor
Subdivision 9-96, Oakley 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 105,
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 3, 1997
By:
Deputy
Publication Dates:
June 20, 1997
June 27, 1997
9:VEngSvclSppisiL4_96,cob
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PROOF OF PUBUCATION Notic is
hereby g Lien that
the Board of Su geruvnIswill
County
' rs
Contra Costa st
meet 1 Board Chambers,
Room10.7;t 65.1 Pine
at 0 I!f
Street,
Martinez, omia,
to hold a
Aublic hear nag,ron
7 t 10.
30
STATS OF CAUFORN(A I July 2,2, of
to cor !der comments any
estod person,
her vin-
County
oral,
reposed
County 0( Contra Costa tenor
, to
tnh6ep't
annexation of Minor Subdiln-
am a c4dZen of the United States and a resident ol( the cion 9-96 Oakley Area, to
County Service Area (L-100)
County aforesaid; I am over the ape of elohteen Years. Ughting District. A copy Of
and not a party to or-interested In the above-,entitled the Engineer's Report is on
file " he
Board of the Clerk of tSupervisors, 651
matter. Pine Street,Room 106,Marti-
nez California,and the Public
I am the Principal Nepal Ued<of the Contra Costa Times. Wo��s Department 255 Gla-
a newspaper of ()Cne(-aj circatatlon. printed and pub- ier ve, M rtine�' Califor-
It.sh<3d W 2640 Shadelands Drive In the City of Walnut nia. Phil Batchelor
Creek, County of Contra Costa, 94598. Clerk of the Board
of Supervisea=� n
rs to�
Ad �ua
And which newspaper has been adjudoed a newspaper Attest:June 3,1997
ol'oeneral clrcAila(lon by the Superior Court of the County Dgu%Shirley Casillas
CO 1 05,27�
of Contra. Costa.-State of Callfomla� Linder th8 date of 911illh June 2 1997
.October 22, 1934. Case Number 1976-4.
The notice, 0(whiCh the annexed is a printed COPY(set In
type not smaller than nonpare[Q, has been published In
each reoular and entire Issue of said newspaper and not
In any supplement thereo(on the (ollowina dates, to-vA(:
.7...................
ail In the year of 19...97_
I certify (or declare) under- penalty of perjury that. the
(ore()olna Is true and correct.
Executed}
xecuted at Walnut Creek, California.
On tht
_' aly of 19 d 97
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..................
. ........ . ...........................
Slo' nature
Contra Costa Times
P.O: Box 4147
Walnut Creek. CA 94596
(510)935-2525
Proof Of Publication of:
,.(attached is a copy of the le0al advertisement that pub-
Ilshed)
R RIF
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30997
CUMBOMIDIMSUPSWOM
Comm Co.