HomeMy WebLinkAboutRESOLUTIONS - 05152001 - 2001-195 TILE BOARD Of SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 15, 2001, by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER, AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/ 195
SUBJECT: RESOLUTION ACCEPTING TI-IE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO
CONSIDER LEVYING AN ASSESSMFNT FOR ADDITIONAL PARCELS TO BE ANNEXED TO
COUNTYWIDE L-100 LIGITHNG DISTRICT
The Board of Supervisors of-Contra Costa County FTNDS THAT:
1. The County is currently processing SD008396 (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 .5 parcels.
2. On March 12, 2001 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" (tile"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 2000/2001 (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 11, 2000.
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.
SE JR:sd
\',PwS4\SFIARDA7'A\Gip Data\SpDist\Board Orders\
2001\05 May\SD008396 1-100 Package 5-15-01.doc
Orig.Div:Public works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
RESOLUTION NO. 2001/195
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING 'TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO
f COUNTYWIDE L-100 LIGHTING DISTRICT
DATE: MAY 15, 2001
PAGE: 2
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on July 10, 2001 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,,act14gs 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.
ATTES D:May-1 5, 2001
J H SWEET N, Clerk of the Board
eryisots a Cou t Administrator
By Deputy
RESOLUTION NO. 2001/195
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
l 197-040-010 Taylor Woodrow Homes
160 Mitchell Blvd.
San Rafael, CA 96903
**** 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. 2001/195
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100-
FISCAL YEAR 2000/2001
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 XI1ID, 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: By: J7 4r-
Heather Ballenge
Assistant Public Works Director
RCE No. t
RESOLUTION NO. 2001/195
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SDO08396
Parcel Assessor's Parcel Description Factor Unit Proposed
Dumber Assessment
. FY 01/02
1 197-040-010 SINGLE 1.0 $14.94
FAMILY
2 197-040-010 SINGLE 1.0 $14.94
FAMILY
3 197-040-010 SINGLE 1.0 $14.94
FAMILY
4 197-040-010 SINGLE 1.0 $14.94
FAMILY
5 197-040-010 SINGLE 1.0 $14.94
FAMILY
Fund. Tax Bill Basic Street Total Dollars Factor Units
Literal Lighting Charge.
2401 CSA L-100 $14.94 $625,696.56 41877.50
Proposed CSA L-100 $14.94 $74.70 5.00
Annexation
New CSA L-100 $14.94 $625,771.26 41882.50
Totals
Notes:
1) 5_0 Street Lighting Factor Units at $14.94 each = 74.70.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2000/2001 Tax Roll and
approved by the Board of Supervisors on July 11, 2000.
RESOLUTION NO. 2001/195
ASSESSMENT DIAGRAM OF
SDO08396
Contra Costa County
County Service Area L-100 Street Lighting District
(Place copy of map here)
RESOLUTION NO. 2001/195
INC
- - -- - - - � — ' cn
cam O
DA)MLLE BOULEVARD
Ci p'
1 O
— — — ® O
Wile
,.rr
5't" ''
xrf,L:�.Pd?,::':1 :i
li•:y�e.�.�:y:rti;aS:r
E.hy1[ .+'i-i•r.; qty,. t K I i
a
f, lS� .,�':l•�.iJ�:i;'al:':-zy:ryt'� y C1 L v m
I'it;:i:j'�� :r•1.:... �` •+.+III y � � 6 o.
.�I 'h�' .I%� .,i'•-�:r"'^� it
i�:?rr-s•'Jk'a•'.'S`;^?y�i....r:. to A
49 iz
rd
oll
'} , 'fes •-:;r�, :i
? yr
8 �' _—
On July 11, 2000, as an attachment to Resolution 99/323, 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 2000/2001".
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 describcd 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 2002/03.
Methodology 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 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. 2001/195
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 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 levied by the assessment, with regards
to this development is approximately $74.70 per year.
Why.should yoir 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 June 18,2001 or you may hand carry your ballot to the Public
Hearing on July 10, 2001. Ballots received after the close of the Public Hearing cannot be counted. Ballots arc: 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 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 Tuesday, July 10, 2001 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. 2001/195
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 197-040-010
Annexation Of: SDO08396
Record Owner: Taylor Woodrow Homes
160 Mitchell Blvd.
San Rafael, CA 96903
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. 2001/195
MAY 15, 2001
Taylor Woodrow Homes
160 Mitchell Blvd.
San Rafael, CA 96903
Dear Property Owner:
RE: Annexation of SDO08396
Enclosed is your ballot regarding the proposed annexation of SDO08396 into the County Service
Area L-100, Street Lighting District.
Time is of the essence. Please cast your vote upon the ballot and return to the Contra Costa Count:
Public Works Department(envelope enclosed) no later than June 18, 2001.
The Public Hearing will be held on Tuesday, July 10, 2001 at 9:00 a.m. in the Board of Supervisors'
Chambers, County Administration Building, 651 Pine Street, Martinez, California.
Please feel free to contact me at 313-2253, if you need any further assistance in this matter.
Very truly yours,
Skip Epperly
Special Districts Coordinator
SE:sd
\\PWS4\SI-IARDATA\Gip Data\SpDist\Board Orders\
2001\05 May`.SD008396 1100 Package 5-15-01.doc
Enclosure
cc: M.Shiu,Director
Ii.Ballenger,Engineering Services
M.Morton,Engineering Services
S.Epperly,Special Districts
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 Mind: 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 $44.82 per year.
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Mill 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 l-ngineer'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.
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 June 18, 2001, or:you
may hand carry your ballot to the Public Hearing on July 10, 2001. 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 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 Tuesday, July 10, 2001 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.
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 197-040-010
Annexation Of: SDO08396
Record Owner: Taylor Woodrow Homes
160 Mitchell Blvd.
San Rafael, CA 96903
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 S 14.94 on each of
these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
AFFIDAVIT OF MAILING
In the Matter of Mailing of )
Ballots, Notice of Assessments )
And Notice of Adoption of )
Resolution; County Service Area )
L-100 Street Lighting Annexation;)
I declare under penalty of perjury that I am now, and at all times herein mentioned have been,
a citizen of the United States, over age 18; and that today I deposited in the United States Postal
Service in Martinez, California, postage fully prepaid, a true and correct copy of the above
referenced material to the following:
Taylor Woodrow Homes
160 Mitchell Blvd.
San Rafael, CA 96903
I declare under penalty of perjury that the foregoing is true and correct.
Dated , at Martinez, California.
Sherri Dallmann
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
DATE: JULY 1.0, 2001
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of SDO08396 into CSA L-
100 (APN# 197-040-010)
I, Maurice M. Shiu, 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 SDO08396 into County
Service Area L-100 Lighting District held between May 15, 2001 and July 10, 2001 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
SDO08396
YES NO
I further certify that the total number of ballots cast in the proposed annexation of SDO08396 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 10th day of Jam, 2001
Mr-':sd
\\PWS4\SIIARDAI'A\GrpData\SpDist\Board Orders\2001\05 May\SD008396 1.100 Package 5-15-Ol.doc
cc: H.Ballenger,Engineering Services
M.Murton,Engineering Services
S.Epperly,Special Districts
J.Rushton,Special Districts
♦ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 10, 2001,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RESOLUTION NO. 2001/ _
SUBJECT: Tabulation of Mail-In Ballots,Confirmation of Diagram and Assessment and Levy of Street
Light Charges for SDO08396 County Service Area L-100, Alamo area.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On May 15, 2001, the Board of Supervisors adopted Resolution No. 01/ 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 May 15, 2001, the Board adopted Resolution No. 01/ 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 July 10,2001. Notice of the hearing was given
in the time and manner required by law.
3. Resolution No. 01/ directed the Engineer of Work(Public Works Director)to cause to be mailed
to property owners within SDO08396 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 July 10, 2001 at 9:00 a.m. At the hearing, the
Engineer of Work presented to the Board all ballots received from property owners ,within
SDO08396 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 Work and hereby levies the street light charges set forth therein in SDO08396 for fiscal year
2001/02
1 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.
Sl::mf:sd
\\I'WS4\SHAR.DAI'A\GrpData\SpDist\Board Orders\
2001\05 May\SD008396 1_100 Package 5-15-01.doc ATTESTED:
Orig.Dept.: Public Works Department(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors
Contact: Skip Epperly,313-2253
and County Administrator
cc: Assessor
Auditor-Controller
County Administrator By Deputy
County Counsel
LAFCO
P.W.Accounting
RESOLUTION NO. 2001/