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HomeMy WebLinkAboutMINUTES - 03192002 - C30 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE.. March 19, 2002 SUBJECT: ADOPT Resolution No. 2002/15 accepting 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 -190,Sob-018461, Alamo area. District III bV0 5001 SPECIEiC"R EQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT Resolution No. '2002/155 accepting the attached Engineer's Report for a lighting assessment on the parcels in Sub 018461 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 WorksDirector to mail,by first class mail, a written notice and ballot to each parcel owner within the development incompliance with Proposition 218. Cflrttfno0 on Attachment:'X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE APPROVE 'THBR SIGNATURES ACTION b BUA NG;: ' z ,,P-,S,,,,-;,APPROVED✓ AS RECOMMENDED 10"Mlt VOTE OF SUPERVISORS UNANIMOUS(ABSENT- ,r> e,^') F hereby certify that this is a true and correct copy of an AYES- NOES. action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. JR:sr' ATTESTED: ,,1! G,NGxrpData\SpDist\Boarit Orders\2002\03 March\ JOHN SWEETEN,Clerk of the Board of Supervisors and 03-19-02 BO-Sub 018461 L100 Package.doc County Admi istrator Orig.,Div:Public Works(Special Districts) Contact: Skip Epperly(313-2253) ec: County Administrator` By Assessor D Auditor-Controller Community Development County Counsel J.Rishton,Special Districts 5 SUBJECT: ADOPT Resolution No. 2002/155accepting 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,;Sub 018461,Alamo area. (District RD (W© 500 1) DATE: March 19, 2002 PAGE: 2 IL Financiallmpaet: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the Countywide StreetLight District, CSA L-100, 111. Reasons'for Recon n odations and Back2iroupd: 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 Ner-ative:Action: This project will not be in compliance with the Conditions of Approval for Sub 018461, and an alternative means to finance public right'ofway street lighting would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 19,2002,by the following vote:' AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER and GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NODE RESOLUTION NO. 2002/ 155 SUBJECT. Adopt Resolution No. 20021 ,;cepting 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 Sub 018461 (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,8 parcels. 2. On February 7, 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 OSA 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 1012-2.60.2 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 GAGrpData\SpDist\BGard Orders,2002S03 Marcb\03-19-02 ao-sub 018461 L100 Package,doc action taken and entered on the minutes of the Board of orig.,Div: Public Works(Special Districts) Supervisors on the date shown. Contact: Skip Epperly(313-2253) cc: County Administrator Assessor ATTESTED: Auditor-Controller Community Development County Counsel JOHN SWEETEN, Clerks of the 'Board of Supervisors 1.Rushton,sp.Dist. and County Administrator By Deputy i-^•- ' RESOLUTION NO,2002/155 ........... SUBJECT: Adopt:Resolution No. 2002115 5 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: I. The Board will conduct a public hearing(the "Hearing") on May 14, 2.002 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 t ofleach 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. .......... ........- EXWBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's ParcetNutuber Ownerlt Nam /Add ress 198-040-001 Mimico Enterprises LP IS,Springhill Manor Lafayette, CA 94549 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. ...... ..... EXHIBIT R FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 200112002 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 XMD, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 25210.1 et seq.) and Division 10 12 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. Dated: By: Heather Ballen ssistant Public Works Director RCE No..4+146- $ZO"277�4 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Sub 018461 6d, Friss Pitteel T) ripia Fetor Ilt Prtps Nrumbeien. A 1 198-040-001 SINGLE 1.0 $14.94 FAMILY T �T 0 Fund Street 7 ut 0,ars Fetor Uutts srg,e 2401 CSA L-100 $14.94 $535,650.74T 35850.50 Proposed CSA L-100 $14.94 $119.52 8.00 Annexation I New CSA L-100 $14.94 $535,770.26 35858.50 Totals Notes: 1)2.0 Street Lighting Factor Units at$14.94 each $119.52. 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 Sub 018461 Contra Costa County County Service Area L-100 Street Lighting District " ;; mac,` OL�'&t`1 f9IV +n c.1 N Sol N ilk All IUO 116w�kg 61 3.0.7,9Z I .� W z't. m � rc- �, ....... .... ...... 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 Clevied by the assessment, with regards to this development is approximately$119.52 per year. Whv 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, budgetsand 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 March 12, 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)ofthe 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 talo final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. Can July 10, 2001, as an attachment to Resolution 011254, 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 parcelsdescribed in Exhibit A after they are annexed into County Service Area L-100("CSA L-100"). Total Assessment/Cbargg 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 2003104. Methodolo fvr Calculatin Street Li`titin Assessments The "benefit received" is based on a sliding scale of'I 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 Cas & 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 �urlot Assessor's Parcel Nos.: 198-040-0011 Annexation of: Sub'018461 Record Owner: Mimico Enterprises LP 15 Springhill Manor Lafayette, CA 94549 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 514.94 on each of these parcels. Signature of Record Owner or Authorized Representative of the aboveidentified parcels. Bate