HomeMy WebLinkAboutMINUTES - 03192002 - C29 w TO: BOARD OF SUPERVISORS
FROM: MA.URICE M. SHIU, PUBLIC WORKS''DIRECTOR
DATE: March 19, 2002
SUBJECT; ADOPT Resolution No. 2002/154accepting the Engineer's Report and fixing 'a hearing for May
14 2002 to consider levying an assessment for additional parcels to be annexed to County
Service Area L-100, MS 000011,Alamo area. (District TTI) (WO 5001)
SPECIFIC REQUEST{S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
1. Recommended Action.:
1.' ADOPT' Resolution'No. 2002/154 accepting the attached Engineer's Report for a lighting'
assessment on the parcels in MS 000011 to be annexed into County Service Area L-100.
2. FIXING`a Public Hearing for May 14, 2002 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 ower Within the development in compliance with Proposition 218.
Continued on Attachment;_X_ SIGNATURE:
_RECOMMENDATION OF BOARD COMMITTEE
:: PROVE OTHER
SIGNATURES:
ACTION OF BOA7N: 7a-t-r_A f%gwaAPPROVED AS RECOMMENDED
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
VOTE OF SUPERVISORS Supervisors on the date shown.
UNANIMOUS(ABSENT r3'
AYES: NOES:
ATTESTED: 6e ° �
ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and
County Administrator
JR:sr
G:\GrpData\SpDist\Board Orders\2002\03 March\ By
03-19-02 BO-MS 000011 LI00 Package.doc DeZo_"
'
Orig.Div:Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
J.Rushton,Special Districts
SUBJECT: ADOPT resolution No. 2002/154 accepting the Engineer'sReport and fixing,a hearing for May
14 2002 to consider levying an assessment for additional parcels to be annexed to County
Service Area L-100,MS 000011, Alamo area. (District IM (WO 5'001)
DATE: March 19, 2002
PAGE: 2
I1. 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.
IV Consequences of Negative Actions
This project will not be in compliance with :the Conditions of Approval for MS 000011, 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
Resolution on March 19 2002 b the following vote:
Adopted this Re � ,n � � �' g ,
AYES: 3MV19 S tom,, aMM, UMINIM, a0VfR,arxl. G101A
NOES: 1
ABSENT: I
ABSTAIN': NM RESOLUTION NO, 20021154
SUBJECT: Adopt Resolution No. 2002/154 accepting the engineer's report and fixing a hearing on May 14,
2002 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 000011 (the "Development")consisting of 1 parcel,more
specifically described in Exhibit"A. The ultimate number of parcels`to be created from this
development will be 3 parcels.
2. On January 18, 2002 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;.2001/2002 (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.
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
JR:sr
G:tGrpData\SpDist\Baard Orders\2002\03 Marchi on the date shown.
03-19-02 BO-MS 000011 U00 Package.doc
Orig.Div: Public Works(Special Districts) ATTESTED:
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor JOHN SWEETEN, Clerk of the Board' of Supervisors and
Auditor-Controller
Community Development County Administrator
County Counsel
J.Rushton,Sp.Dist By` c .,Deputy
RESOLUTION NO.2d /
SUBJECT': Adopt Resolution No. 2002/ accepting the engineer's report and fixing'a hearing on May
14 2002 to consider levying an assessment for additional parcels to be annexed to Countywide
L-100 Lighting'District
DATE: March 19, 2002
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July,
10 2001. 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 May 14, 2002 at 9:00 a.m. in Room
107 of the Beard 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.
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY',SERVICE .AREA L-100 STREET L.IiGHTING DISTRICT
Property Owner's List'
Parcel Assessor's Pareel Number Owner's Ntme/Address
1 197-070-015 Allied Financial Services
John and Lia McKenzie
P.O. Box 15157
Fremont, CA 94539
**** 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 Warks Department as they are available.
11^0 Street Lighting Factors/Parcel.
EXHIBIT B
FINAL ENGINEER"S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2001/2002
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 XHID,
Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 25210.1 et seq.) and
Division 1€112 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional''
engineer,registered in the State of California.
Dated: w Z By
Heather'Ballenger
Assistant Public Warks Director
RCE No. 4 f 746- '��?
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
MS 000011
Parcel Asslesso Iis Parcel I escriptit 0 Factor Unit Pr�uposecl
NumberAssessment
FY 03104
1 197-070-015SINGLE 1.0 $14.94
FAMILY
Fund Tic Bill Basic Street 2atal Dollars Factor knits
lu146,il Lighting Charge
2401 CSA L-100 $14.94 $535,650.74 35850.50
Proposed CSA L-100 $14.94 $29.88 2.00
Annexation
New CSA L-100 $14.94 $535,680.62 35752.50
Totals
Dotes:
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 2001/2002 Tax Roll and
approved by the Board of Supervisors on July 10, 2001.
ASSESSMENT DIAGRAM OF
ms 000011
Contra Costa County
County Service Area L-100 Street Lighting District-
ISO
istrict!. S
uu ! AREA T4BE ANNEXED
v TO THE COUNTY SER-
VICE AREA,L too
cl: LIG TING DISTRICT
A.P N. IN-070-015
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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 Districtand 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$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 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 April 14, 2002 or you may hand`
carry your ballot to the Public Hearing on May 14, 2002. 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 maybe 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 May 14, 2002 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 tape action on whether or not to levy the assessments based upon the testimony and
ballots received. >>
On July 10, 2001, as r an attachment to Resolution '01/254, 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 2001/2002". 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 ajt Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 2003/04.
Methodoloey for Calculatin,g�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) cast 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.
. .. ... ..............................
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 197-070-015
Annexation of: MS 000011
Record Owner: Allied Financial Services
John and Lia McKenzie
P.O. Box 15157
Fremont,CA 94539
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