HomeMy WebLinkAboutMINUTES - 04201999 - C26 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: APRIL 20, 1999
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 3-98, ALAMO
AREA (WO 5001 ORG#7394)
SPECIFIC REQiIST(S)OR RECOMMENDATION(S)&BAC2GROUVD AND JUSTIFICATIM"
Ia Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels
in Minor Subdivision 3-98 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for June 8, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers,
651. Pine Street, Martinez, California to certify the tabulation of the ballets 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.
II, 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.
r
Continued on Attachment:X SIGNATURE:
i
_RECOMMENDATION OF BOARD COMMITTEE
1 APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON P-`1 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSEN=T }
AYES: NOES:
ABSENT:_ -- - ABSTAIN: -
i hereby certify that tt=is is a. true and correct
copy of an action takers and entered on 'he
SE:372,:cs mint ates of the Board of Supervisors on the
Ci:1CrpData\SpD;st\MoardOrders\April\i999\MS3-99.doe date shown,
Odg.Djv: Public Works(Spedal Districts) ry
Contact: SkipEpperly(313-2253) ATTESTED: — .._ri LL
1999
eoe Assessor
sCounty Administratar PHIL BATCHELOR, Cler of the Board
Auditor-Conttolier of ervi s r' is ..E3'# yAdministrator
Community Development
County Couneai ts
PW Accounting BY � Deputy;
i d
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND PIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED
TO COUNTY SERVICE AREA L-100, MINOR SUBDIVISION 3-98,ALAMO AREA.
DATE: April 20, 1999
PAGE - 2 -
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 apposed 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.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Minor Subdivision 3- 8, 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 April 20, 1999 by the following vote:
AYES: Supervisors Gioia, Uilker:a, Gerber, DeSaulnier and Ganciarrilla
NOES; None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 99/189
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANN-EXED TO
COUNTYWIDE L-100 LIGHTING DISTRICT
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Minor Subdivision 3-98(the"Development')consisting of one(1)parcel,
more specifically described in Exhibit A. The ultimate number of parcels to be created from this development
will be two (2)parcels.
2. On March 15, 1999, 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 1998/99"(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 14, 1998.
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.
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.
DATE: April 20, 1999
PAGE -2-
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on June 8, 1999 at 9:00 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"Ballot Notice")attached as Exhibit C to the record owners of each parcel
within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.A copy of
the Engineer's Report is on File with the Public Works Department.
3. 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.
4. 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.
I hereby certify that this }s a true and correct
copy of an action taken and entered on the
rn;:nutes of the Board of Su-ervis--rs on the
date shown. is
ATTESTED:
PHIL BATCH OR, Derk of the Board
of erg so arrao rid
'BY Deputy
RESOLUTION NO. 99/ 189
EXHLB T A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Par; °is A " 0r IS F ro I''U of I�"'Or' s NAM
Wayne & Rita Nordby
193-111-019 168 East Lane
Alamo, CA 94507
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) Street Lighting Factor/Unit.
RESOLUTION NO. 99! 189
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1999-99
The undersigned,acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as
directed by the Contra Costa.County Board of Supervisors,pursuant to the provisions of Article X111D, Section 4,
of the California Constitution,the County Service Area.Lav(Gov. Code,25210.1 et serf.)and Division 1012 of the
Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in
the State of California.
Dated.:
Heather .allenger'
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 991189
EXHIBIT B
COUNTY SERVICE AREA L-100
FINAL ENGINEER'S REPORT
ADDENDUM
MINOR SUBC�tVIStC�N 3 98
r1 Ar' lr+ tl ►escrpticr� atr Unit Prcrrs�c
iuAesn� rt
99/00 3
193-111-019 Single Family 1.0 $14.94
193-111-(719 Single Family 1.0
E' $14.94
l�=uid Ta ;ltl Esso Sfit +a# `t ? #lliW, ilFra
tat Urt
ftq
Literal L#01i,,..n i r.
2401 CSA L-100 $14.94 $621,991-66 41,632.64
Proposed CSA L-100 $14.94 $29,88 2.00
Annexation ,
New CSA L-100 $14.94 t--$622-,021.54 41,634.64
Totals
Notes:
1) 2.0 Street Lighting Factor Units at $14.94 each = $29.88
2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1998/99Tax Poll and
approved by the Board of Supervisors on July 14, 1998.
RESOLUTION NO. 99/ 189
EXHIBIT B
ASSESSMENT DIAGRAM OF MINOR SUBDIVISION 3-99
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EXHIBIT H
RESOLUTION NO. 99! 189
EXHIBIT B
On July 14, 1998, as an attachment to Resolution 98/356,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 1998/99".
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/Char e 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 1999/2000.
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) unforeseen 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. 991189
EXHIBIT C
BALLOT NOTICE
Why did you receive this Ballot?
When your development was approved,there was a requirement(condition of approval)to annex the parcel(s)into the County
Service Area L-100 Lighting District and for an annual assessment to be imposed on every parcel in your development to
pay for the cost of maintaining the street lighting within the public right of way.
The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot.
How Much is the Assessment?
For single family homes,the assessment will be$14.94 per year. The total amount levied by the assessment,with regards
to this development is approximately$29.88 per year.
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this Assessment Increase in the Future?
The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election.
What does the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
How was my Assessment Calculated?
The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special
benefit received. Essentially, each single family home in the development is allocated the same assessment.An Engineer's
Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra
Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897.
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or opposition
is counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County
Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to May 25, 1999 or you may hand carry your ballot
to the Public Hearing on June 8, 1999. Ballots received after the close of the Public Hearing cannot be counted. Ballots are
weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment,
are opposed to the assessment,the assessment will not be imposed.
Ballot Procedures
This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County
Service Area L-100 Lighting District. The ballot may be used to express either support for or opposition to the proposed
County Service Area L-100 Lighting District within this development. In order to be counted,this ballot must be signed and
dated in the space provided by an owner or, if the owner is a partnership or a corporation,by an authorized representative
of the owner. Those executing this ballot on behalf of a corporation,partnership,trust or other entity must also indicate title
or office below the identification of the property owner(e.g.,trustee,president,general partner,etc.) If the property is owned
jointly(e.g., common,joint tenants) one or both property owners may sign the ballot. There is only one ballot for each
property even though the property may have more than one owner. If both owners of the property vote the same,the ballot
counts as one vote. If both owners vote differently,one in support and one opposed,then the votes cancel each other out and
the ballot will have a zero vote.
Public Hearing
The hearing will be held on Tuesday,June 8, 1999 at 9:00 a.m.in the Board of Supervisors Chambers,County Administration
Building,651 Pine Street,Martinez,CA 94553. Results of the returned ballots will be announced after the close of the public
testimony portion of this meeting, At this hearing,the Board will take final public testimony and take action on whether or
not to levy the assessments based upon the testimony and ballots received,
RESOLUTION NO. 991 189
EXHIBIT Q
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel No.. 193-111-019
Annexation of: Minor Subdivision 3-98
Record Owner: Wayne & Rita Nordby
Address: 168 East Lane
Alamo, CA 94607
Yes, I approve of the proposed annual assessment of$14.94 on each of the 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 towner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99/189