HomeMy WebLinkAboutMINUTES - 09281999 - C9-C13 TG: BOARD OF SUPERVISORS 1A
FROM: J. MICHAEL WALFOR.l7, PUBLIC WORKS DIRECTOR
DATE: SEP'T'EMBER.28, 1999
SUBJECT: ADOPT"THE RESOLUTION ACCEPTING TIE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR. ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, MS 11-98, WALNUT CREEK AREA
(WC 5001 CSR # 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
T. Recommended ended Aetion:
I. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in MS 11498 to be annexed into County Service Area L•'100.
2. FIX a Public Hearing for December 14, 1999 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 Works Director to 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:`i SIGNATURE.IttklE:
�kr
RECOMMENDATION OF BOARD COMMITTEE
AI'I'I OVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ONS ta'i 28 s . OOa,9 APPROVED AS
!hereby certify that this is a true and correct copy of ars action
RECOMMENDED X OTHER taken and entered on the minutes of the Board of Supervisors on
the date shown.
VOTE CP SUPERVISORS
UNANIMOUS(ABSENT nc-n )
AYES: NOES: ATTESTED: September 28. 1999
ABSE14T. _ _ ABSTAIN: I?HIL BATCHELOR, Clerk of the Board of Supervisors and County
SE:JR:kw Adnist r
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L 100 aackage.doc o o
orifi.Div: PuNic Works(Special Districts)
Contact: Skip ssesso rty(3i3-22S3) IBYM� �.p€e: County AdministratnrKK// Deputy
Assessor -
Audi or-.C,ontroller
Community Development
County Counsel
41
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED
TO COUNTY SERVICE AREA L-100,MS, 11-98, WALNUT CREEK..AREA
DATE: SEPTEMBER 28, 1999
RAGE - 2 -
H.
2 -
Finansaal I pac :
There will be no financial impact to the County General Fund. All costs will be covered with revenue from
the Countywide Street Light District, CSA L-100.
III, Reasons for Recommendations and Background:
The developer is required by Condition of Approval to install street lighting: fixtures and annex to the
County's street light program, CSA L-1£10, 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 Negative Action:
This project will not be in compliance with the Conditions of Approval for MS 11-98, and an alternative
means to finance public right of way street lighting would have to be found.
TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 26, 1999, by the following vote:
AYES: SEJPERVISORS G101A, UILKEMA, GERBER, DESAUL TER ALD CANTCHAMI LA
NOES: NP ONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 99/ 499
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC FEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTYWIDE L-1003 LIGHTING DISTRICT
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing MS 11-96 (the "Development") consisting of one parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be two parcels.
2. On August 17, 1999 the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into County Service Area -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 specialbenefit
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 XII ID of the California Constitution because'it is
conferred to provide the special benefit, defined above, on the parcels within the development.
6. A copy of the "Addendum to the Final Engineer's Deport to the Board of Supervisors for
Establishing A Street 'Light Service Charge for Fiscal Year 19991030 (the "Engineer's Report") is
attached as Exhibit B. The Engineer's Deport meets the requirements of a tentative report under
Article 10112-2.602 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
pard, the calculations supporting the Assessment, and the duration of the Assessment.
6. The Board has adopted the Engineer's Deport for the Countywide Street Light Program on duly 13,
1999. Based on Its review of the Engineer's Report, the Board find's 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:
1, The board will conduct a public hearing (the "Hearing") on December 14g 1999 at 9:00 a.m. in
Room 107 of the Boardof Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
2. The Board directs the Clerk of the Surd 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 blearing (the "Ballot Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballet 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 blearing 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 protect. A
majority protest exists'if, upon conclusion of the blearing, 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.
f hWeby(mortify that this;s a true and corr9nt mpy of
ars action ta,�an and e;#grad on the m,uaw of 11:9
Scard of Supervisors on!he date aho,ger:.
ATTESTED: September 28� 1999
PHIL BATCHELOR,Clerk of the Board
of S pe #Sora ar.�vO,:Inty�`tdmi,&#''sato+
Sy ?1�ty
RESOLUTION NO. 991499
6,
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
lar ei A e k''9 I� re
of Nun'ber ` C3wer�z e[A dives;
Steven & Patricia' uthrich
140-17090®5 421 Le ,lean Way' 1
Walnut Creels, CA 94598
` The neer Assessor's Panel Numbers are not mailable 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. 991499
EXHIBIT B
FINAL ENGI'NEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1999-00
The undersigned,acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Resort
as directed by the Contra Costa County Board of Supervisors, pursuant to the provisions of Article XIIID,
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: s ay, el
Heather Ballengee
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 99/ 499
COUNTY SERVICE AREA La100
ENGINEER'S REPORT
ADDENDUM
ISIS 11®98
3
�arct A � srg F�ari06 ritto 'actor Ltr�ltro aid
Nbr Ats� ati�t
Fy 00101
1 140-170-0051 Single Family 1.0 $14.94
2 140-170-005 Single Family 1.0 1 $14.94
P f�
-----------------
Fund Tax X111 1c Street Total ollara FAct& U."nits
Literat al t€ g Isar
2401 GSR L-100 1 $14°94 $625,696.56 41877.50
Proposed GSR L-100 $14.94 $29.36 2.00
Annexation '
} l ew GSR L-104 $14.94 $625,726.44 41879.50
Teals
Notes:
1) 22.0 Street Lighting Factor Units at $14.94 each $29.66.
2) Total Dollars and Factor Units taken from GSR L-100 Final engineer's Deport for the 1999/00 Tax Roll and
approved by the Board of Supervisors on July 13, 1999.
RESOLUTION NO. 99/ 499
ASSESSMENT DIAGRAM OF
MS 11-9g
Contra Costa County
Count Service Area L-100 Street Lighting District
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RESOLUTION NO. 991499
On July 13, 1999, as an attachment to Resolution 991323, 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 1999100". That report recommends levying of a street fighting charge as provided in the
County Service Area Lana, 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 ars assessment on the parcels described
in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100").
Total Assessment/Char, On GSA 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 2000/2001.
Methodoloov 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 5 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) unfor een
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. 991499
C
EXHIBIT C
BALLOT NOTICE
Why did you receive this Ballast?
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 Nate?
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 daces the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the pudic 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 give, 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 November 29, 1.999 or you may hand carry your ballot to the
Public Dearing on December 14, 1999. 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 bath owners of the property vote the same,the ballot
counts as one vote. If both owners vote differently,one in support and one opposed,(hers the votes cancel each other out and
the ballot will have a"zero"vote,
Public Hearing
The hearing will be held on Tuesday, December 14, 1999 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, 99i 499
EXHIBIT D
CountyService Area L-709 Lighting District Annexation
B f1ot
Assessor's Parcel Nos.: 149-170-00
Annexation Of: MS 11-98
Record Owner: Steven & Patricia Wuthrich
Address: 421 Le .lean flay
Walnut Creek, CA 94598
Yee, 1 approve of the proposed annul assessment of$14.94 on each of the parcels
identified in this ballot.
No, 1 do not approve of the proposed annul assessment of$14.94 on each of these
_ parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99/499
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA �g
Adopted this Resolution on September 20, 1999, by at least a four-fifths vote as follows,
AYES. SUPERVISORS GIOIA, UII:KEMA, GEMBER, DESAt LNIER AN?) UNCIAM11LT,"°,
NOES: NONE
ABSENT NONE
ABSTAIN: NONE
RESOLUTION NO. 99L498
(Gov. Code § 25355)
SUBJECT; Re olutko and Notice of Inter bort to C anvey Real Property
to the Central Contra Costa Sanitary District
Parcel I Animal Services Facility and
Parcel 2 Vacant land
Project No. 0923-4415-SAS 5B045F (6X3101)
Martinez Area
CP leo. 9 -47
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board intends to convey to the Central Contra Costa Sanitary District, County
owned reel property described in the attached Notice for$2,923,531.00 in accordance with
the terms and conditions of the Purchase, Sale and Leaseback Agreement on file in the
Public Works Department.
This property is not required for County use and the sale price is the market value
of said property.
This Board hereby sets Tuesday, November 2, 1999 at 10 a.m. in the Beard's
Chambers in the County Administration Building, 551 Pine Street, Martinez, California, as
the time and place it will meet to consummate this conveyance by a four-fifths vote.
99-3/br70CCCS3
(Form updated 4k39) i hereby certify that this is a tree and correct
copy of an action taken and entered on the
Orig.[fit.: Public Works(FUP) rninutes of the Board of Supervisors on the
Contact: Paul B.Gavey,(373-2220) date shown.
cc: county Administrator
Auditor-contro€ter ri
Assessor's Office �� 5��C3:,���,� �r�t,��t$. I q<3�
Community Dave�opment Dept PHI8 HELOR, erk of the Board of
Sue s sand fou drni istrator
8y —,Deputy
RESOLUTION NO. 991498
__. .... ...._... . _ __
... ............................................................ .........._.... ... ..
. .......... ............. ......._. .........
............. ..........
Resolution and Notice of Intention to Convey Real Property to the Central Contra Costa
Sanitary District.
September 238 1999
Page 2
The Clerk of this Board is hereby DIRECTED to have the attached Notice published
one time, at least one week preceding the date set for hearing in the Contra Costa Times,
a newspaper of general circulation (pursuant to Government Code Section 6061).
The Board hereby FINDS that the project will not have a significant effect on the
environment, and DETERMINES that the project is exempt from the requirements of the
California Environmental Quality Act as a Class 12 Categorical,Exemption under County
Guidelines and Section 15312 of the Mate CEQA, Guidelines, and DIRECTS the Director
of Community Development to file a Notice of Exemption with the County Clerk and
DIRECTS the Public Works Director to arrange for payment of$25.00 handling fee to the
County Clerk for fling and a $25.00 fee to Community Development for processing of the
Notice of Exemption. This activity has been found to conform to the General Pian.
I hioreby cerfllvy"that this is a true and, r-Issn?'CoPy"of
ars actit37 talken and a n;Aared oil, the ma"'.:UaS 3$ the
Board of Supen isors on the date shown.
ATTESTEDe September 28, 1999
i
BAT
CHELOR, 'ern of the Board
of Sind, :sots!n Cis^ A =S€
By epu
RESOLUTION NO. 991 498
a r;>
ex
NOTICE OF INTENTION TO CONVEY REAL PROPERTY
(Gov. Code § 25355)
Notice is hereby given that the Board of Supervisors of Contra Costa County, on
September 23, 1999, declared its intention to convey to Central Contra Costa Sanitary
District the following described real property in the attached Exhibit "A".
Together with and including all improvements located thereon.
Notice is further given that it is proposed to convey said property to the Central Contra
Costa Sanitary Districtfor$2,923,531.00, being the fair market value of the property.
The Board will meet on Tuesday, November 2, 1999, at 10:00 a.m. in the Board's
Chambers, County administration Building, 651 Pine Street, Martinez, California, to make
such conveyance by at least a four-fifths vote.
Dated: October 1-3, X999
PHIL BATCHELOR
Clerk of the Board of Supervisors
and County Administrator
♦ i
By 6 '
DEPUTY
RESOLUTION NO. 991498
Exhibit "A"
Parcel I Excess Property a Animal Services Site
Real property in an unincorporated area of the County of Contra: Costa, State of
California, being a portion of the parcel of land described in the deed to Contra Costa
County recorded May 7, 1962, in book 4113 of Official Records at page 318, and a
portion of the parcel of land described in the deed to Contra Costa County, recorded
November 12, 1971 in Boob 6519 of Official Records at page 464, described as
follows:
Beginning at the southwest corner of said Contra Costa County Marcel (4113 OR 316),
which lies on the northerly right of way line of Imhoff Drive as described in
Relinquishment No. 22169 to the County of Contra Costa recorded September 4, 1963,
in Boole 4443 of Official records at pane 252, thence from said Point of Beginning
leaving said northerly right of way line of Imhoff Drive, along the westerly line of said
Contra Costa County Parcel, north 1010'16" east 421.14 feet to the southwest corner of
Parcel Three described in the deed to Central Contra Costa unitary;District, recorded
May 31, 1991, in Book 166308 of Official Records at page 467; thence leaving the
westerly line of said Contra Costa County Parcel, along the southerly Iine of said
Central Contra Costa unitary District Parcel, south 88049'44" east 67.43 feet to a point
on the westerly right of way line of Imhoff Place as described in Relinquishment No.
46362 to the County of Contra Costa recorded April 8, 1963, in Book 11200 of Official
Records at page 144, said point being on a non-tangent curve, concave to the east
from which a radial line bears north 7069'42" east; thence leaving the southerly line of
said Central Contra Costa Sanitary District parcel, along said westerly 'right of way line,
southerly along the arc of said curage, having a radius of 1030.00 feet, through a central
angle of 5°27'29, a distance of 98.12 feet; thence tangent to said curve, south
22017'47'; east 318.56 feet; thence southerly and southwesterly along the arc of a
tangent curve, concave to the west, having a radius of 22.96 feet, through a central
angle of 51°19'69", a distance of 19.70 feet; thence southwesterly, southerly and
southeasterly along the arc of a reverse curve, concave to the east, having a radius of
42.98 feet, through a central angle of 138029'33", a distance of 161.41 feet to the
northwest corner of the parcel of land described in the deed to Central Centra Costa
Sanitary District, recorded November 12, 1981, in Book 10571 of Official records at
page 144; thence leaving said westerly right of way line of Imhoff Place, along the west
line of said Central Contra Costa Sanitary District parcel, south 22017'47» east 192.64
feet to the southwest corner of said Central Contra Costa unitary District parcel, said
point also being on the northerly right of way line of said Imhoff Drive (4443 OR 252);
thence along said northerly right of way line of Imhoff Drive, north 66"01'24" west
348.18 feet to the point of Beginning.
1
Containing an area of 80,538 square feet (1.849 acres) of land, more or less.
Parcel 2 Excess Property •Vicinity of Imhoff Drive
Real property in an unincorporated area of the County of Contra Costa, State of
California, being all of the parcel of land described in the Director's bleed to Contra
Costa County recorded January 11, 1977, in boob 8189 of OfficialRecords at page
153.
Containing ars area of 47,679 square feet (1.1395 acres) of land, more or less.
Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ill.
These real property descriptions have been prepared by me or under Icy direction, in
conformance with the Professional Land Surveyors Act.
Signature.
Licensed' Land.. _
Surveyor
Contra Costa County Public Warps
1
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Date:
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COSTA INITIAL STUDY
COUNTY OF ENVIRONMENTAL SIGNIFICANCE
PROJECT 45I30m5X3101
CP# 99-
PROJECT NAME: Sale of Animal Services Property',
PREPARED BY- Trina Torres 0.15 DATE. June 23, 1999
APPROVED Y. DATE. *7/4r/dtj
RECOMMENDATIONS:
(X) Categorical "mptlon Glass 12.3 ( ) Negative Declaration
( ) Environmental Impact Deport Required ( ) Conditional Negative Declaration
The project will not have a significant effect on the environment The recommendation is based
on the following. The Animal services property is surplus government property which is not in an area of
statewide, regional, or area wide concern as identified in section 15206 (b)(4).
What charges to the project would mitigate the identified impacts N/A
USGS Quad sheet Vine Hill Base Map Sheet #G13 Parcel'# 159-150-046&
159-150-950
GENERAL CONSIDERATIONS:
11a Location,
The project is located at Imhoff Drives Old Imhoff Drive, and Imhoff Place', in the central county
area near the City of Martinez (Figures 1 —4).
2. Project Description.
The project consists of the sale of two properties to Central Contra Costa Sanitary District for
expansion of their facilities. The properties are located at Imhoff Drive (159-150-059) and Imhoff
Place (159-159-046). The property on Imhoff drive is currently vacant. The property located at
Imhoff Place (and abutting Old Imhoff Drive) currently houses the Animal Services facility, which
will be relocated. The sale will include the portion of Old Imhoff Drive that abuts the Animal
Control facility, as well as the relinquishment of Imhoff Place. The Central Contra Costa sanitary
District will be responsible for obtaining CEQA compliance for activities associated with future
development and the maintenance of the property.
3. Does it appear that any feature of the project will generate significant public concern?
j Yes X3 no [] maybe (Nature of concern):
4= Will the project require approval or permits by other than a Countyagency?
() yes [X] no Agency Name(s)
5. Is the project within the Sphere of influence of any city? Yes (City of Martinez)
catex\mimsi Services Property Sawdoc
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Aotice
Contra Gusts County Community Development Department
651 Pine Street,4th.Fluor-North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 313-2296 Contact person:Cece Sell ren - Public Vorks Dept.
Project Description, Common Name (if any) and Location: Sale of Animal! Services property, County
File#Cly 9- . Project Description: The project consists of the sale of two properties to Central
Contra Cote Sanitary District for expansion of their facilities. The properties are located at Imhoff
Drive (159-954-059) and Imhoff Place (159-150-0-46). The property on Imhoff Drive is currently
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD,PUBLIC WORDS DIRECTOR
DATE: SEPTEMBER 28, 1999
SUBJECT:T: ADOPT THE RESOLUTION ACCEPTINGTHE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, SUB 8239 ALAMO AREA
(WEA 5001 O G# 73 94)
SPECIFIC F EQUFSTS}OR RECOMMENDATION(S)&BACKMOUND AND JUSTIFICATION
Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels
in SUB 8239 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for December 14, 1999 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. DIRECTthe Public Mors Director to mail,by first class mail, a written notice and ballot to each parcel
owner within the development in compliance with Proposition 218.
Continued on AtAttachmentContinuedSIGNATURE:./,/
I
_
RECOMMENDATION i'ION OF BOARD COM ITTEE
/X APPROVE —OTHER
SIGNATURE(S):
ACTION OF B1OARD ONSep t28, 1999 APPROVED AS i hereby certify that this is a trite and correct copy of an action
RECOMMENDED X OTHER__ taken and entered on the minutes of the Board of Supervisors on
VOTE OF SUPERVISORS the date shown.
X UNANIMOUS(ABSENT ray-, }
AYES: NOES: ATT STED. September 28, 1999 _
ABSENT: ABSTAIN: PH'L£3ATC -LOR, Clerk of the ward of supervisors and County
sE:JR:kw Admintstrat Y
\\PWS SSSHAR.DATAIGrpD&±a\SpDistIFORMSU3oardO.derMasterForms\
U 00 packege.dcc
03 i&.Div: Psolic'Works(Special Dist.is+s)
Contod: Skip Epgerty(313-2253)
cc: County Adtrtristrator By , Deputy
Assessor
Auditor-Cont.-oiler
community Development
County Counsel
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED
TO COUNTY SERVICE AREA L-100, SUB 8239, ALAMO AREA
DATE: SEPTEMBER 28, 1999
PAGE - 2 -
11.
2 -11. FinancialI aa�cto
Vere will be no financial impact to the County General Fund. All costs will be covered with revenue from.
the Countywide Street Light District, CSA L-100.
111, Reasons for Recommendations Aad Background:
The developer is required by Condition of Approval to install street lighting fixtures and annex to the
County's street light program, CSA L-1019, for continued maintenance and operation of those fixtures.
Proposition.218 provides that any new assessment may not be approved if it is apposed 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.
TV. Conseguences of legative Action:
This project will not be in compliance with the Conditions of Approval for SUB 8239, and an alternative
means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 26, 1999, by the following vote:
AYES: SUPERVISORS GLIA, UILKEMA, GERBER, DESAULNIER AND CAINCIAMILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONTE
RESOLUTION NO. 99! 500
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 SUB 6239 (the "Development") consisting of one parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this
development will be fire parcels.
2. On August 27, 1999 the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into County Service Area -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 XIII® of the California Constitution because it is
conferred to provide the special benefit, defined above, on the parcels within the development.
6. 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 1999100 (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 13,
1999. 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 ANIS RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing")on December 14, ',1999 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 shallbe 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 Beard may adopt a resolution which: confirms the Engineer's
Report; levies the Assessment in the Engineer's Deport; finds that the Director of the Contra Costa
County Public Works Department, acting as the designated director, has concluded that the Engineer's
Deport 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.
.e,, by cacti=y that this is P.trap and 3^opy of
an action tai n and entsr�&o or, the of 'hs
Sy��aiYdC.o Supervisors on the da.�showrn.-.�1
A EES 3 ED: � mb i`„�,0� 22
i $Sups o s ani 4unty Adminis:ator
a
Dep-ty
RESOLUTION NO. 991.500
�4/
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
P I:. ssoato % erdet'Number Owner's-.Name/Address `
Gene & Pamela Schmidt '
t 192-210-005-0 4680 Heritage Oak Lane
Suisun, CA 94505
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. 99/.500
V
EXHIBIT
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1999900
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 XIIID,
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: <
Heather Ballenger
,,.-,i ,-----`Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 99/ 500
COUNTY SERVICE AREA L-100
ENGINEER'S REPORT
ADDENDUM
SUB 8239
Furcal Assessoe p4 1 cripti n Factor nit � $�'�r�3 gM�e�p,
433 $
E
€ Single Family 1.0 $14.94
2 Single Family 1.0 $14.94
3 Single Family 1.0 $14.94
4 Single Family 1.0 $14.94
5 Single Family 1.0 $14.94
Fund Tax 1311 ��lrA Str66f, arV actor Units
Li# r Ligl ht!
�t��rg�
l
2401 CSA L-100 $14.94 $625,696.56 41877.50
Proposed CSA L-100 $14.94 $74.70 5.00
Annexation i
New CSA L-100 $14.94 $625,771.26 41882.50
Totals
!Votes:
1) 5_0 Street Lighting Factor Units at $14.94 each $74.70.
2) Total Dollars and Factor Units taken from CSA L-100 Find engineer's Report for/the 1999/00 Tex Roll and
approved by the Board of Supervisors on July 13, 1999,
RESOLUTION NO. 991500
__ _
ASSESSMENT DIAGRAM OF
SUB 9239
Contra Costa County
County Service Area L-100 Street Lighting District
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EXHIBIT "B" Walt Civil Engi€3eerir
PLAT TO ACCOMPANY �
LEGAL DESCRIPTION [D) e a Bata Yazioy is 945 a
Ska:'!#i2g: CBiitnrtti8 345T0
4•`m"_ .s.a 1 837-37W g 70
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RESOLUTION NO. 991.500
.. .................................................
On July 13, 1999, as an attachment to Resolution 991323, 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 1999/00". 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 Assessmentl 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 2000/2001
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. 99/ 500
EXHIBIT C
BALLOT NOTICE
Why didyou u 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 unposed on every parcel in your development to
pay for the dost of maintaining the street lighting within the public right of way.
The passage of Proposition 218 requires a vete on all new assessments and this is why you received this Ballot.
How Much is the Assessment?
For single family horses,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 shouldyou Viae?
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 Foes the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
Flaw 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 sande 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 November 29, 1999 or you may hand carry your ballot to the
Public Hearing on December 14, 1999. Ballots received after the close of the Public Nearing 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 bighting district within this development. to 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
awned 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, December 14, 1999 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. 991.500
EXHIBIT D
County Bernice Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 192-210-005-0
Annexation Of: SUE 8239
Record Owner: Gere & Pamela Schmidt
Address: 4080 heritage Oak Lane
Suisun, Ca 94585
Yes, 1 approve of the proposed annual assessment of$ 14.94 on each of the parcels
identified in this ballot.
m . No, l do not approve of the proposed annual assessment of$14.94 on each of hese
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99/ 500
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL I ALEORD, PUBLIC WORKS DIRECTOR
DATE: September 28, 1999
SUBJECT: Set Date for Public Dearing on Proposed Read Name Change for Port Chicago Highway
to Bay Point Boulevard in Bay Paint.
Project No.: 0672-6U2504
SPECIFIC REQUESTS;OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
i. Recommended Action:
FIX October 12, 1999 at 9:00 A.M. for a public bearing on proposed read name change for Port
Chicago Highway to Bay Point Boulevard in Bay Point.
Continued on Attachment: X SIGNATUR
TIUN Of UK
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIG A.TLIRE s .
ACTION OF BOARD ON Septeriber 28,x I API OMMENDED X OTHER
I hereby certify that this is a true and correct
VOTE OF SUPERJ!SGRS copy of an action taken and entered on the
_X UNANIMOUS(ABSENT minutes of the Board of Supervisors on the
AYES: —NOES:_____�_--— date shown.
ABSENT:--T:_ AB STAIN-:
SK:;e ATTESTED: Se temSber 28,E 1999
c:lTrarssEng\' 3 \bobs 8try8CC39-28°3ayPointSouievard.cioc PHIL BATCHELOR, Clerk of the Board of
Orifi.Div: Public Works{TIE} Supervts and County Administrator
Contact: Steve Kercevan—Tei.313-2254 � !
cc: Community Development
Public Works Accounting
Auditor/Controller By 4 [} }# ty
SUBJECT: Set late for Public Hearing on Proposed Road flame Change for Port Chicago Highway
to Bay Point Boulevard in Say Point.
ATE: September 28, 1999
PAGE 2
If. Financial IMpacto
The County Public Works Department would need to change six street name signs, at a total cost
of approximately $500.00.
Ills �ea � forec�rnrraerdati�rs anc# ick r °.
The Bay Pont Municipal Advisory Council requested this read name change so as to eliminate
confusion with Port Chicago Highway in Clyde. This confusion is further complicated by the fact
that Port Chicago Highway no longer provides access between Clyde and Say Point due to the
closure through the U.S. Naval Weapons Station.
Vl. Cin eauences of Ne ative Action:
Confusion and delivery problems would continue.
� x �
TO. BOARD OF SUPERVISORS
FROG€. J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: September 28, 1999
SUBJECT. Set late for Public Hearing on Proposed Read lame Change for Ostrosky Court to
Heritage Oak Court in Alamo.
Project No.: 0672-6U2604
SPECIF;C REQUEST(S)JR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
is Recommended Action:
FISC October 12, 1999 at 9:99 A.M. for a public hearing on proposed', read name change for
Ostrosky Court to heritage Oak Court in Alamo.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE S1-
Wawa
ACTION of BOARD O 28, 1999 APPROVED AS RECOMMENDED...X_OTHER
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS copy of an action taken and entered on the
X UNANIMOUS(ABS NTr ) minutes of the Board of Supervisors on the
AYES: NOES: date shown.
AS SENT: ABSTAIN:
SK:Ie ATTESTED: Septemz ber 28, 1999
c:kTransEng11999Nbobr99trtSOOd-28Hertage0akCourt.doc PHIL BATCHELOR, Clerk of the Board of
Orig.Div: Public Warks(T/E) Supervis s and ounty Administrator
Contact: Steve Kersevar.—Te:.393-2254 �
cc: Community oeveiopment
€'ub sc Worcs Acceur frog
Audiltor/Controller By ® , Deputy
SUBJECT: Set Date for Public Hearing on Proposed Road lame Change for Ostrosky Cert to
Heritage Oak Court in Alamo,
DATE: September 28, 1999
PAGE 2
III. FinancialImpacta
The County Public Works Department would need to change one street name sign, at a total cost
of approximately $200.00, which the residents have pari for.
Ill. Reasons for Recommendations and Background:
The changing of the street name to Heritage Oak Court would lead to easier access due to the
cross street name of Heritage Oaks Drive.
VL Conseguences of Nggative Action;
Difficulty for quick access in case of emergency,