HomeMy WebLinkAboutMINUTES - 03142000 - SD.7 THE B +'R'VI TA Y IF RNIA +j
Adopted this Resolution on March 14,2000,by the following vote:
AYES: SUPERVISORS GIOIA, 1JILKTMA, DESAL7LNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2000/107
SUBJECT: Tabulation of Mail-In Ballots,Confirmation of Diagram and Assessment and Levy of Street
Light Charges for MS 4-99,County Service Area L-100,Walnut Creek area.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On January 25,2000,the Board of Supervisors adopted Resolution No.2000/41 directing the filing
of the engineer's report for street light charges for County Service Area L-100. As directed by the
Board,the Engineer of Work has filed the engineer's report.
2. On January 25,2000,the Board adopted Resolution No.2000/41 declaring the Board's intention to
levy and collect street light charges to operate and maintain facilities and services within CSA L-100
for fiscal year 1999-00 and setting a public hearing for March 14,2000. Notice of the hearing was
given in the time and manner required by law.
3. Resolution No.2000/41 directed the Engineer of work(Public Works Director)to cause to be mailed
to property owners within MS 4-99 the notices and ballots required by Section 4 of Article XIII D
of the California Constitution(Proposition 218).
4. The notices and ballots have been mailed to property owners and the returned ballots are ready to
be tabulated.
NOW,THEREFORE,the Board FINDS,DETERMINES and ORDERS that:
5. A public hearing was held before this Board on March 14,2000 at 9:00 a.m.At the hearing,the
Engineer of Work presented to the Board all ballots received from property owners within MS 4-
99 a proposed tabulation of those ballots. The Board heard and considered all protests against
the proposed assessments and tabulated the returned ballots according to the proportional
financial obligation of the affected properties. The Board also afforded to every interested
person an opportunity to make a protest to the engineer's report,either in writing or orally, and
the Board considered each protest.
6. A majority protest, as defined in section 4(e)of Article XIII D, does not exist.
7. The Board hereby confirms the diagram and assessment as set forth in the report of the Engineer of
SE:JR:df Work and hereby levies the street light charges set forth therein in MS 4-99 for fiscal year 2001/02.
%\FWS1 4MA ZATAIG+P0ORISMI MI JWUVY%L100 p+ckep+MS 4-oo.doc I hereby certify that this is a true and correct copy of an
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Contact: 847 EPOsifY.913.2253 action taken and entered on the minutes of the Board of
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o°' Supervisors on the date shown.
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LAFCO
P.W.Aoxurtft ATTESTED: ,
PHIL BATCHELOR,Clerk of the Eroard of
Supervi ors and County Administrator
BY ,Deputy
RESOLUTION NO. 2000/__107
-JBLIC WORKS DEPARTMElti `
CONTRA COSTA COUNTY c2
DATE: March 14, 2000
TO: Board of Supervisors
FROM: J. Michael Walford,Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS 4-99 into CSA L-100
(A.PN# 180-321-048 & 180-321-009)
I,J. Michael Walford,Public Works Director for the County of Contra Costa, State of California,
having canvassed the return of all votes cast in the proposed annexation of MS 4-99 into County
Service Area L-100 Lighting District held between January 25,2000 and March 14,2000 do hereby
certify the following to be a full, true and correct Statement of Results of all votes cast on the
following measure:
County Service Area L-100 Lighting District Annexation and Annual Assessment for
MS 4-99
YES 1 NO 0
I further certify that the total number of ballots cast in the proposed annexation of MS 4-99 into
County Service Area L-100 Lighting District at said election was one and attached hereto are the
total ballots received for and against annexation and assessment.
Dated the 14" day of March, 2000
G:1GrpDeU\SpO4a%Rowel 0nlma\200011)aa wAI00 packa{e MS 4."Aoc
EL Ballamgw.Fn&emm Services
M.Motion,Eaaiaemin{S—ka
S.Eppmty,Special bianicu
7.aoshaa,Special Dia kto
Coy_.;y Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 180-321-0078 & 180-321-009
Annexation Of. MS 4-99 r
' 10 "
Record Owner: David & Lori Sanson
Address: 1849 Clayton Road
Concord, Ca 94520
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 Owner or Authorized
Representative of the above identified parcels.
,271
/p
Date
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR
DATE: JANUARY 25, 2000
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,MS 4-99,WALNUT CREEK.AREA
__(WO 5001 ORG# 7394
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANIS JUSTIFICATION
L Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in MS 4-99 to be annexed into County Service Area L-100.
2. FIX a Public Dearing for March 14, 2000 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 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.
Continued on Attachment: SIGNATURE.
RECOMMENDATION OF BOARD COMMITTEE
_APPROVE „_OTHER
SIGNATURE (S):
ACTION OF BOARD ON .k'ax,I3Yy 25, = APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 1 hereby certify that this is a true and correct copy of an action
X UNANIMOUS(ABSENT taken and entered on the minutes of the Board of Supervisors on
AYES: NOES: the date shown.
ABSENT: ABSTAIN:
SE:J df
\\PWS l\SHARDATA\GrpDua\SpDist\Bmd Ordm\2006\1 3anuaty\L140 pukW MS 4.04.doe
Grill.Div: Public Warks(Special Districts) ATTESTED:'janiiary 75, 20M
Contact: Skip County
Administrator
y(313-2253) PHIL BATCHELOR,Clerk o the Board of Supervisors and County
a: County Adator
Assessor Adminis
Auditor-Controller
Community Development
County Counsel
By44 A.4 ,Deputy
SU'BJEC'T': 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, MS 4-99, WALNUT CREEK AREA
DATE: JANUARY 25, 2000
PAGE - 2 -
11.
2 -TI. FinancialImnact:
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.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for MS 4-99, 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 January 25, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIERI CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: DONE
RESOLUTION NO. 2000/41
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 MS 4.99 (the "Development") consisting of 2 parcels, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be 4 parcels.
2. On December 1, 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 1999/00 (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 13,
1999. 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 March 14, 2000 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 protest 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 is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown,
ATTESTED. January 25, 2000
PHiI BATCHELOR,Clerk of the Board
Supervise nd County Administrator
By "7'Deputy
RESOLUTION NO. 2000/41
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
David & Lori Sanson
1 180-321-008 1849 Clayton Road
Concord, CA 94520
David & Lori Sanson
2 180-321-009 1849 Clayton Road
Concord, CA 94520
**"'* 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.
1.0 Street Lighting Factors/Parcel.
RESOLUTION NO. 2000/41
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY" SERVICE AREA L-100
FISCAL YEAR 2000/01
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)MID,
Section 4, of the California Constitution,the County Service Area Law(Gov. Code, 25210.1 et seq.) 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. i /1 By: r '
Heather EFallenger
'�---y` Assistant Public Works Director
RCE No. 4174E
RESOLUTION NO.2000/41
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
MS 4-99
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 00/01
1 180-321-008,009 Single Family 1.0 $14.94
2 180-321-008,009 Single Family 1.0 $14.94
3 180-321-008,009 Single Family 1.0 $14.94
4 180-321-008,009 Single Family 1.0 $14.94
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge
2401 CSA L-100 $14.94 $625,696.86 41877.50
Proposed CSA L-100 $14.94 $59.76 4.00
Annexation
New CSA L-100 $14.94 $625,756.32 41881.50
Totals
Notes:
1) 4.0 Street Lighting Factor Units at $14.94 each = $59.76.
2)Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1999/00 Tax Roll and
approved by the Board of Supervisors on July 13, 1999.
RESOLUTION NO. 2000/41
ASSESSMENT DIAGRAM OF
MS 4-99
Contra Costa County
County Service Area L-100 Street Lighting District
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MeWC Dimensions
9knansions shown upon this plan ars ka urTERS
I METER — 128MY U.S. SURVEY FEET
RESOLUTION NO.2000/41
On July 13, 1999, as an attachment to Resolution 99/323, the Board of Supervisors adopted the "Final
Engineer's Deport To The Board of Supervisors For Establishing A Street Lighting Service Charge For
Fiscal Year 1999/00". 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 2000/2001.
Methodology for Calculatingre ighiniin9 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. 2000/41
EXHIBIT CC
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.
Haw 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$59.76 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
are 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 February 28,2000 or you may hand carry your ballot to the
Public Hearing on March 14,2004. Ballots received after the close of the Public Hearing can not 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 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, March 14, 2000 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.2000I41
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Doug
Assessor's Parcel Nos.: 180-321-008 & 180-321-009
Annexation Of: MS 4-99
Record Owner: David & Lori Sanson
Address: 1849 Clayton Road
Concord, CA 94520
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 Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 2000/41