HomeMy WebLinkAboutRESOLUTIONS - 05152001 - 2001-199 'THE 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/ M
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING 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 MS000001 (the "Development") consisting of Y parcel, more
specifically described in.Exhibit A. The ultimate number of parcels to be created from this development
will be 2 parcels.
2. On January 23, 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(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 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.
SF:IR:AIF:sd
G:\GrpData\SpDist\Boivd Orders\2001\05 Alay\MS000001 1-100 Package 5.15.0l.doc
Orig.Div: Public Works(Special Districts)
Cunt-t: Skip Fpperly(317«53)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
RES01MON NO. 2001/199
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO
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. Inunediately 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.
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.
ATTEST Mqv 19 2001 —
JO WEETEI , Clerkof the Board
ervisor an nt Administrator
By Deputy
RESOLUTION NO. 2001/ 199
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
1 184-311-009 George & Ruby Tellsworth
36 Mathews Place
Alamo, CA 94507
**** 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/ 199
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 X111[), 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: d By: or
Heather Ballenger
Assistant Public Works Director
RCE No.41746—
�27�
RESOLUTION NO. 2001/ 199
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
MS000001
Parcel Assessor's Parcel Description Factor Unit . Proposed
Number Assessment
FY 01/02
1 184-311-009 SINGLE 1.0 $14.94
FAMILY
2 184-311-009 SINGLE 1.0 $14.94
FAMILY
Fund Tax Bill.. Basic Street Total Dollars Factor Units
Literal L.ightinu Charge
2401 CSA L-100 $14.94 $625,696.56 41877.50
Proposed CSA L-100 $14.94 $29.88 2.00
Annexation
New CSA L-100 $14.94 $625,726.44 41879.50
Totals
Notes:
1) 2_0 Street Lighting Factor Units at S 14.94 each=$29.88.
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/ 199
ASSESSMENT DIAGRAM OF
MS000001
Contra Costa County
County Service Area L-100 Street Lighting District
(Place copy of map here)
RESOLUTION NO. 2001/ 199
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-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 described in Exhibit A after they are annexed into County Service Area L-100
("CSA L-100").
Total Assessment/ Charge On CSA I.-100
Tn the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be
S 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) 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.
RESOLUTION NO. 2001/ 199
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 $29.88 per year.
617:1,should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
;Vill 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 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 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.
RESOLUTION NO. 2001/ 199
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 184-311-009
Annexation Of: MS000001
Record Owner: George &Ruby Tellsworth
36 Mathews Place
Alamo, CA 94507
Yes, 1 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. 2001/199
MAY 15, 2001
George & Ruby Tellsworth
36 Mathews Place
Alamo, CA 94507
Dear Property Owner:
RE: Annexation of MS000001
Enclosed is your ballot regarding the proposed annexation of MS000001 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 County 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
\\l'WS4\SI-IARDA'I'A\GipData\SpDist\Board Orders\2001\
05 May\MS000001 1-100 Package 5-15-01.doc
Enclosure
cc: M.Shiu,Director
1.1.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 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.
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.: 184-311-009
Annexation Of: MS000001
Record Owner: George & Ruby Tellsworth
36 Mathews Place
Alamo, CA 94507
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
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 lierein 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:
George & Ruby Tellsworth
36 Mathews Place
Alamo, CA 94507
I declare under penalty of perjury that the foregoing is true and correct.
Dated , at Martinez, California.
Sherri Dallmann
\\PWS4\SFIARDATA\GipData\SpDist\Board Orders\2001\
05 May\MS000001 L100 Package 5-15-01.doc
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
DATE: July 10;, 2001
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS000001 into CSA L-
100 (APN # 184-311-009)
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 MS000001 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
MS000001
YES NO
I further certify that the total number of ballots cast in the proposed annexation of MS000001 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 July, 2001
:sd
\\IIWS4\SIIARDATA\GrpData\SpUist\Hoard Orders\
2001\05 May\MS000001 L100 Package 5-15-01.doc
cc: H.Ballenger,Engineering Services
M.Morton,Fngincering 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 MS000001 County Service Area L-100, Walnut Creek 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 MS000001 the notices and ballots required by Section 4 of ArticleXIII. 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 MS000001 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 MS000001 for fiscal year 2001/02
I hereby certity that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
sr:Atr:sd Supervisors on the date shown.
'\\P W S4`•S 1 IA RDAI A`.Grpr)ata`.SpDisOHoard Orders\
2001`•,05 May.A1S000001(100 Packacc 5-15-OLdoc
orig.Dept.: Public Works Depwirnem(Special Districts)
Contact: Skip tipperly,313-2253 ATTESTED:
cc: Assessor
.Auditor-Controller JOHN SWEETEN,Clerk of the Board of
County Administrator Supervisors and County Administrator
County Counscl
LAM.
P.W.Accounting By Deputy
RESOLUTION NO. 2001/