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HomeMy WebLinkAboutMINUTES - 03082005 - 2005 RES 131 CONTRA COSTA Co Recorder Office STEPHEN L. Iy�,�R Clerk-Recorder (� Recorded at the request of: DOC. i�/&-0080437-00 Contra Costa County W*dnesday,, MAR 09, 200 10:47:29 Board of Supervisors FRE $0.00 ry d Return to: Tt 1 Pd $0-N %r 02591449 Public Works Department Ire/RS/1-7 Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 8, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKIl'4A NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2005/ 131 SUBJECT: Accepting completion of improvements, Subdivision 02-08686 (Soundwalls), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in Subdivision 02- 08686(Soundwalls)have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TY:rm 0:\GrpDatalEngSvcl130\2005\03-08\SD 02-08686 ao-45.doc I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Ric(313-2363) Recording to be completed by COB Supervisors on the date shown. I.D.95-2578030 cc: Public Works -T.Bell,Construction Div. ATTESTED' MARCH 0� �fl0� City of San Ramon,Attn:C.Low _,- Shapell Industries of Northern California JOHN SWEETEN, Clerk of the Board of Supervisors and 100 N.Milpitas Blvd. Milpitas,CA 95035 County Administrator Attn:S.Savage,S.Worden National Fire Insurance Company of Hartford 21650 Oxnard Street,#600 Woodland Bills,CA 91367 By }�+�t ,Deputy RESOLUTION NO.2005/ 131 SUBJECT: Accepting completion of improvements, Subdivision 02-48686 (Soundwalls), San Ramon(Dougherty Valley) area. (District III) DATE: March 8, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 8,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY October 1, 2002 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment (labor and materials) surety for $17,940.00, Bond No. 929248009 issued by the above surety be RETAINED for the six month lien guarantee period until September 8,2005,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the soundwall improvements in Subdivision 02-08686 are accepted as complete. The City of San Ramon shall accept the improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$1,000.00 cash security for performance(Auditor's Deposit Permit No.392675,dated September 10,2002)plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Industries of Northern California pursuant to the requirements of the Ordinance Code;and the Subdivision Agreement(Soundwalls)and surety bond, Bond No. 929248009, dated August 30,2002, are exonerated. All deposit permits are on file with the Public Works Department. RESOLt1TION NO. 2045/131 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 8, 2005 by the following vote: AYES: SUPERVISORS CIOIA, PIEPHO, DESAULNIER, CLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 132 SUBJECT: ADOPT Resolution No. 2005/132 accepting the Engineer's Report for County Service Area L- 144, MS O4-4409 and fixing a hearing for April 26, 2445 at 9:30 a.m.. to consider levying an assessment for additional parcels to be annexed, Lafayette area. (District II) Project No. 7394- 6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing IVIS O4-4009 (the "Development") consisting of one (1) parcel, more specifically described in Exhibit A. 2. On February 14, 2445 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area (CSA) L-104. The County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request. 3. Cance the Development is annexed into CSA L-100, the parcel(s) within it will receive a special benefit over and above that received by the general public in the farm 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 parcel(s) 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 XIDD of the California Constitution because it is conferred to provide the special benefit,defined above, on the parcel(s)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 2004/2005 (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. DM:sr G:\GrpData%SpDistiBoard Grders12005-Hoard Orders\03-08-05 BO MS 04-0069(Pixing).doc Orig.Div: Public Works(special Districts) I hereby Certify that this is a true and correct Copy of an action. Contact: Eileen Doten(333-2253) CC: County Adininistrator taken and entered on the minutes of the Board of Supervisors on Assessor the date shown, Auditor-Controller Community Development County Counsel ATTESTED: MARCH 08, 2005 D.Morabe,Sp.Dist, JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By_ Deputy RESOLUTION NO. 2005/ 132 SUBJECT: ADOPT Resolution No. 2005/ 132 accepting the Engineer's Report for County Service Area L- 100, MS O4-0009 and fixing a hearing for April 26, 2005 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Lafayette area. (District II) Project No. 7394- 6X5001 DATE: March 8, 2005 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 13, 2004. 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 parcel(s) 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 April 26, 2005 at 9:30 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 Department 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. RESOLUTION NO. 2005/132 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcels Assessor's Parcel Number Owner's Name/Address Sharon Zeff 1 166-341-019 17 Benthill Court Lafa ette, CA 94549 * The new Assessor's Parcel Numbers are not available at this time. New Assessor's parcel numbers will be sent to the Contra Costa County Public Warks Department, as they are available. "Please see Engineer's Report Addendum to determine the number of Factor Emits for this parcel. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2004/2005 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 }IIID, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 25210.1 et sect.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that he is a professional engineer,registered in the State of California. Dated: z By: Eric Whan Senior Civil Engineer RCE No. 47972 7 U' 7 �" Exp. 31 '.` SOF C Lt COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM MS 04-0009 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment F;Y 04/05 1 166-341-019 Single Family 1 $14.94 Fund Tax Bill Basic Street Total Dollars Factor Units IL Literal Li htin Char e 2401 CSA L-100 $14.94 $548,195.4�* �3690.00** Proposed CSA L-100 1 $14.94* 1 Annexation New CSA L-100 $14.94 $548,210.42 36,691.00 Totals Notes: * Factor Units at$14.94 each (1 Factor units x $14.94=$14.94) ** Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 2004/2005 Tax Roll and approved by the Board of Supervisors on July 13, 2004. ASSESSMENT DIAGRAM OF IVIS O4-0009 Contra Costa County County Service Area L,-100 Street Lighting .District �1 �CL I fGf D f FOX' SNUTWOW 1 f �► PGtl, t3f#� Y Pkv'&TAC LS J874 APIV ASS OiPS PAROL NW89 List 95NC`T Lt lLIENT TO We" P08 Poff Or&am PX mu or avAeakw W &WA)XW 0 !x 150 1W PLEA W ML RfC. PARn '.'T t PlFA W XKL 0. PANX 061 m- - APN 166-JM-015 V APN 166-411-019 X= 117 PMM A 294 L1 1 PMML 9 ' CITY Of PLEASANT HILL 235 9 1 CONTRA COSTA COUNTY I W504 5910 4.•5uavV 3',65' 5°S12'2M Y 13.65' APN 166-J41-005 APN 166-341-019 �471eY/11�'L596' A4 LESS 156O��C 7 1 / POM9 04553 LLA 47-87 5 / 84 LSL1 4 gy AP)V f CC16 g45'` L PXW c� ' 1 APN 166-341-018 LOT d 166 A13ILOT 3 b LLA 47-87 84 6V 4 $ EN50R , ! ✓� AP#166-J41-011OAV � / ry NW 166-J41-010 POB / ��' 4i6 / 1 APPY W-1r31-W2 LOT 7 ah tR15ON \ r5L T 237 APN 166 J4r-LXJ9i/ � 11�✓ \ LOT 8 �'ti`' `�� MWR y f 166 m 37 c'S.�/' � �4PW 166-J41-01 �`r6 116 P1l 22 EXN1BIr 'B' � PLAT TMJ ACMAIPANY LEW IlECRIP770N Z 'AM& - N L-100 - YS 6V- 9 > svn Fsa e P UZ 8 OF LOT UNE AWSM9 47-87(84 ISS! 4) COMM COSTA COUN Y - XFORM4 JL Planners — Engineers — Surveyors ' 4071 Part Chttago Hwy., Suite 194 .„Y Cancord CA 84520-1122 / & 9aseciates Pirons: (925) 674-9082 [ 1t;.p II ANI Fax: (925) 674--9274 loo, /y� 1 .{111 t 'ATL' 1 4O fL 1 LS 531t,EXP 121J1105 AE7 r Of 1-W ET 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 (CSA) 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? The parcels are assessed a Factor of 1, derived from the Land Use Code, based on base rate of$14.94 per Factor Unit. The total amount levied by the assessment, with regards to this development is approximately$14.94 per year(1 factor units x $14.94) 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. ,Flow wits 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 envelope or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive,Martinez, CA 94553 prior to March 24, 2005 or you may hand carry your ballot to the Public Hearing on April 26, 2005. 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, is 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 CSA L-100 bighting District. The ballot maybe used to express either support for or opposition to the proposed CSA 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 April 26, 2005 at 9:30 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. On July 13, 2004, as an attachment to Resolution No. 04/356, 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 2004/2005". That report recommends levying of a street lighting charge as provided in the CSA 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 CSA L-100. Total Assessment/Char a 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 multiplied by the number of Factor Units for that parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $14.94 per Factor Unit in Fiscal Year 2005/2006. Methodolo2y for Calculating Street Lijjhtin,%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 CSA 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 CSA L-100 Lighting District. EXHIBIT D County Service Area L•-100 Lighting District Annexation .Malt©t Assessor's Parcel Nos.: 166-341-019 Annexation Of: MS O4-0009 Record Owner: Sharon Zeff 17 Benthill Court Lafayette, CA 94549 Yes, I approve of the proposed annual assessment of$14.94 on the parcel identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on the parcel identified in this ballot. Signature of Record Owner or Authorized Representative of the above identified parcels. Late