HomeMy WebLinkAboutMINUTES - 02072006 - C.23 (2) 1
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TO: BOARD OF SUPE SORS ==_; Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE: February 7, 2006 s;- l:°COUh'� County
'9
SUBJECT: ADOPT Resolution No. 2006/60 accepting the Engineer's Report for County Service Area L-
100, Subdivision (SD) 8861, and fixing a hearing for April 11, 2006, to consider levying an
assessment for additional parcels to be annexed, and directing the Public Works Director or
designee conduct a mail-in ballot election, Martinez area.. (District II) Project No. 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
ADOPT Resolution No. 2006/ fP o accepting the attached Engineer's Report for a lighting assessment on the
parcels in Subdivision (SD) 8861 to be annexed into County Service Area(CSA) L-100.
FIX a Public Hearing for April 11, 2006 at 9:30 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.
DIRECT the Public Works Director, or designee 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: X SIGNATURE:
__RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
.-A-PPROVE OTHER
SIGNATURE(S):
CZ4
ACTION OF BO 701Vk-,6,w4W 06 APPROVED AS RECOMMENDED IZOTHER
VOT F SUPERVISORS
UNANIMOUS(ABSENT r2
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
AA:ms Supervisors on the date shown.
G:\GrpData\SpDist\Board Orders\2006-Board Orders\02-07-06 BO SD 8861 (Fixing).doc
Orig.Div:Public Works(Special Districts)
Contact: Alex Anaya(313-2286) �G62,,e4 fie_ ?, �e 6
cc: County Administrator ATTESTED: /
Assessor JOHN SWEETEN,Clerk of t4Q16oardof Supervisors and
Auditor-Controller County Administrator
Community Development
County Counsel
BY ,
Deputy
4
SUBJECT; ADOPT Resolutionfo. 2006/ 40 accepting the Engineer's'Report for County Service Area L-
100, Subdivision (SD) 8861, and fixing a hearing for April 11, 2006, to consider levying an
assessment for additional parcels to be annexed, and directing the Public Works Director or
designee conduct a mail-in ballot election, Martinez area. (District II) Project No. 7394-6X5001
DATE: February 7, 2006
PAGE: 2
Fiscal Impact:
There is no impact.to the County General Fund. All costs will be covered with revenue from CSA L-100.
Reasons for Recommendations and Background:
The developer is required by Condition of Approval to annex to the County's street light program, CSA L-100,
for continued maintenance and operation of streetlights. 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.
Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 8861 and an alternative
means to finance public right of way street lighting would have to be found.
THE BOARD OF SUAVISORS OF CONTRA COSTA COONTY, CALIFORNIA
Adopted this Resolution on February 7, 2006 by the following vote:
AYES: Uilkema, Piepho. DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ 4;O
SUBJECT: ADOPT Resolution No. 20064-0 accepting the Engineer's Report for County Service Area L-
100, Subdivision (SD) 8861, and fixing a hearing for April 11, 2006, to consider levying an
assessment for additional parcels to be annexed, and directing the Public Works Director or
designee conduct a mail-in ballot election, Martinez area. (District II) Project No. 7394-6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision (SD) 8861 (the "Development") consisting of one (1)
parcel, more specifically described in Exhibit A.
2. On April 11, 2005 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-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 parcel(s) 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 Section 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 XHID 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 2005/2006 (the "Engineer's Report") is attached as Exhibit B.
The Engineer's Report meets the requirements of a tentative report under Section 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.
AA:rns
G:\GrpData\SpDis6l3oard Orderst2006-Board Orders\02-07-06 BO SD 8861(Fixin).doc
Orig.Div: Public Works(Special Districts) I hereby certify that this is a true and correct copy of an action
Contact: Alex Anaya (313-2286)
cc: County Administrator taken and entered on the minutes of the Board of Supervisors on
Assessor the date shown.
Auditor-Controller
Corttnrunity Development n_-
com,tyCounsel ATTESTED: r D �o�O�
JOHN SWEETEN, Clerk of theiBoard of Supervisors and County
Administrator
By Deputy
RESOLUTION NO. 2006/ do
i11port for Count Service Area L-
SUBJECT: ADOPT Resolution T o. 2006/�� acce tin the En neers
100, Subdivision (SD) 8861, and fixing a hearing for April 11, 2006, to consider levying an
assessment for additional parcels to be annexed, and directing the Public Works Director or
designee conduct a mail-in ballot election, Martinez area. (District II) Project No. 7394-6X5001
DATE: February 7, 2006
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 26, 2005.
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 parce](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 11, 2006 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, or designee
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. At the Hearing, the Board shall consider any objections or protests to the Assessment. Immediately after
the Hearing the Public Works Department shall tabulate the ballots 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.
RESOL t.%TION.NO. 200()/
• 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
O'Brien at Pacheco, LLC
1 161-262-023 2001 Winward Way, Suit 200
San Mateo, CA 94404
* 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 Works Department, as they are available.
**Please see Engineer's Report Addendum to determine the number of Factor Units for these parcels.
• EXHIBIT B •
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 2005/2006
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 XHM,
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 he is a professional
engineer, registered in the State of California.
Dated: ( Z,� a r; By:
Eric Whan
Senior Civil Engineer
RCE No. 47972
c J. 47272r,�.r
Exp-12 / o_
RUNTY SERVICE AREA L-10?
ENGINEER'S REPORT
ADDENDUM
SD 8861
Parcel. Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 06/07
1 161-262-023 Residential 1 14.94
Fund'. Tax`Bill Basic'Street Total:Dollars Factor Units
Literal Lightingughting Charge
2401 CSA L-100 $14.94 $552,803.76** 36,998.00**
Proposed CSA L-100 1 $14.94* 1*
Annexation
New CSA L-100 $14.94 $552,818.70 36,999.00
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 2005/2006 Tax Roll and
approved by the Board of Supervisors on July 26, 2005.
ASSESSMENT DIAGRAM OF
SD 8861
Contra Costa County
County Service Area L-100 Street Lighting District
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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 (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 parcel(s) 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.
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,
Martinez, 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 7,' 2006 or you may hand
carry your ballot to the Public Hearing on April 11, 2006. 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 Lighting District. The ballot may be 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 11, 2006 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 26, 2005, as an attachment to Resolution No. 2006/ , the Board of Supervisors adopted the "Final
Engineer's Report establishing a Street Lighting Service Charge for Fiscal Year 2005/2006". 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/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 multiplied by the number of Factor Units for.that parcel(s).
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 per Factor Unit in Fiscal Year 2006/2007.
Methodologv 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 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
Ballot
Assessor's Parcel Nos.: 161-262-023
Annexation Of: SD 8861
Record Owner: O'Brien at Pacheco, LLC
2001 Winward Way, Suit 200
San Mateo, CA 94404
Yes, I approve of the proposed annual assessment of$14.94 on each of the
parcel(s) identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on each
of the parcel(s) identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date