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HomeMy WebLinkAboutMINUTES - 08152000 - C35 r V TO: BOARD OF SUPERVISORS } FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: AUGUST 15, 2000 SUBJECT: ADOPT THE 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 6-99, WALNUT CREEK AREA (WO 5001 ORG# 7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in MS 6-99 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for October 10, 2000 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:X SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE —OTHER SIGNATURES : F ACTION OF BOAR)e(/bN_ApL0t 15, M, APPROVED AS RECOMMENDED„_OTHER VOTE OF SUPER SORS X UNANIMOUS(ABSENTLY ) AYES: NOES: ABSENT: ABSTAIN: 9E:JR:df G:\GrpData\SpDist\Board Grders\2000\8 August\L100 package.N%6-99.doc Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel 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. ATTESTED: AU9USt 15, 2000 PHIL BA1 ELOR, Clerk of the Board of Supervisors and County Adminis at BY Deputy "'- , 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 6-99, WALNUT CREEK.AREA DATE: AUGUST 15, 2000 PAGE - 2 - 11. 2 -II. Financial_Impacts 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-100, 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 6-99, 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 August 15, 2000, by the following vote: AYES: SUPE RVISMS"'GIOIA, UHRE MA, CANCI1 11'A, AND GERBER NOES: NONE ABSENT: SUPERVISOR DESAUINIER ABSTAIN: NONE RESOLUTION NO. 2000/ 391 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 MS 6-99 (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 four parcels. 2. On May 31, 2000 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. RESOLUTION 2000/394 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on October 10, 2000, 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, 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. ATTESTED: August 15, 2000 PHIL BATCHELOR,Clerk of the Board of Supe rvi ors and ounty Administrator By ,Deputy RESOLUTION NO. 2000/ 394 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-900 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address 1 188-031-009 David & Susan Ziegler 270 Montecillo Drive Walnut Creek, CA 94598 '"*** 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 Warks Department as they are available. 1.0 Street Lighting Factors/Parcel. RESOLUTION NO. 2000/ 394 3 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 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. By: Dated: 7 ;' j r• Heather Ballenger Assistant Public Works Director RCE No. 41746 RESOLUTION NO. 2000/ 394 '7 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM MS 6-99 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 01/02 1 188-031-009 Sin le Family 1.0 14.94 2 188-031-009 Sin le Famil 1.0 14.94 3 188-031-009 Single Family 1.0 14.94 4 188-031-009 Single Family 1.0 14.94 Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $532,966.80 35,671.00 Proposed CSA L-100 $14.94 59.76 4.00 Annexation New CSA L-100 $14.94 $533,026.56 35,675.00 Totals Notes: 1) 4.0 Street Lighting Factor Units at $14.94 each = $59.76 . 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. 2000/ 394 ASSESSMENT DIAGRAM OF MS 6-99 Centra Costa County County Service Area L-100 Street Lighting District SCALE: �I 1: 1000 METERS Dwr f1608 OR 275 ffS46 0R E8 m _� S87'57'00"E 72.324 LST 1402`03'00"E UJ O 30.550 N o OOY p 678f OR 776 N QIN � I 587-57'00"E 73.762 LANDS OF ZEIGLER 4 a� LOT s 8,258 0..& 84 M AP.N 188--03f-009 1488"00`00"W 10.988 1>.685 sgT.m. fJ69 hsc z NO2'22'00"W .5.776 L3 N88'26'00"W 13.936 1448'45'30"W 7.958 GOT 6 I , N26'02'30"W 5.401 73 i � NO2'12'00"E 20.138 " 7.054 OR 252 " S01`27 00 W N88'33'00"W ( � 7.620 1487'57 00 W 16.551 31,407 LOT.� 41.209 NO2'12'000E 12.976N87'57'00"W 7.620 cdLLOXXr I 39.652 F"DEB.117K I 4f84 OR .940 Y7CIL 4028 OR 889 BASIS OF BEARINGS 9848 OR 528 TWO FOUND IRON PIPES ALONG THE 1 EGENf7 EAST SIDE OF MONTECILLO DRIVE AS • O 1 -14" IRON PIPE, TAGGED SHOWN ON THE RECORD OF SURVEY = L.S.FOUND l FILED JUNE 2, 1985 IN BOOK 77 OF LICENSED SURVEYOR MAPS AT PAGE 14. ALL DISTANCES ARE IN METERS. TAKEN AS NORTH 02`03'00" EAST. CITY OF WALNUT CREEK CONTRA COSTA COUNTY CALIFORNIA Ise"AN UMSTMAL COURT Subject 270 MONTECE .0 DRI dm PLMlNER5 SUM 100 CIVIL E NCINE1;7t5 W RAMOK G.e4W3 Job No. 98024.0 SURVEYMSiia-M-aw ALIQUOT 2-536-nasal(FA4 By AW- Date "-00 ChkcL-BIG SHEET OF ._J_ RESOLUTION NO. 2000! 394 ell On July 11, 2000, as an attachment to Resolution 2000/337, 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 Larry, 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 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 2001/2002. Methodalogy__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. 2000/ 394 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$54.75 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, 94553-4897. 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 September 25, 2000 or you may hand carry your ballot to the Public Hearing on October 10,2000. 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, October 10, 2000, at 9:00 a.m. in the Board of Supervisors Chambers, County Administration Building, 551 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. 2000/ 394 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel No.: 188-031-009 Annexation Of: MS 6-99 Record Owner: David & Susan Ziegler Address: 270 Montecillo Drive Walnut Creek, CA 94596 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. 20001 394 TO: BOARD OF SUPERVISORS , FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: AUGUST 15, 2000 SUBJECT: ADOPT THE 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, LUP 2055-99, CONCORD AREA (WO 5001 ORG# 7394) SPECIFIC REQUEST(S)OR R.ECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in LUP 2055-99 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for October 10, 2000 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. 4 Continued on Attachment:X SIGNATURE: `"- _ COMMENDATION OF COUNTY ADMINISTRATOR _COMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURE (S): ACTION OF BOA NISI 159 APPROVED AS RECOMMENDED__X OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT 14 ) AYES: NOES: ABSENT: ABSTAIN: SE:JR:drf O:\GrpData�SpDistlEoard Orders\2000\8 August\LI00 package.LUP2055-99.doc Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator Asmaor Auditor-Controller Community Development County Counsel 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. ATTESTED: August 15, 2000 PHIL BAT LOR, Clerk of the Board of Supervisors and County Administr for By Deputy 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, LUP 2055-99, CONCORD AREA DATE: AUGUST 15, 2000 PAGE - 2 - 11. Financial Impact: 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-100, 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 LUP 2055-99, 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 August 15, 2000, by the following vote: AYES: SUPERVISORS OIOIA, UILKEKA, CANCL*nUA AND GERBER NOES: NONE ABSENT: SUPERVISOR DESAUINIER ABSTAIN: NONE RESOLUTION NO. 2400/ _Vs 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 LUP 2055-99 (the "Development") consisting of three parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be three parcels. 2. On May 17, 2000 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 RESOUNION NO. 2000/395 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing")on October 10, 2000, 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, 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 here; y 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. ATTESTS August 15, 2000 PHIL 8AT ELOR,clerk of the Board of Supenri rs and county Administrator By ,Deputy RESOLUTION NO. 20001 395 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. 159-070-034 Turner & Stevens Co. C/o SCI Management Corp, 8` Floor P.O. Box 130548 Houston, TX 77219-0548 2. 159-070-035 Turner& Stevens Co. C/o SCI Management Corp, 8" Floor P.O. Box 130548 Houston, TX 77219-0548 3. 159-090-024 Turner& Stevens Co. C/o SCI Management Corp, 8` Floor P.O. Box 130548 Houston, TX 77219-0548 "'*** 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. 5.0 Street Lighting Factors/Parcel. RESOLUTION NO. 2000/ 395 1!�4:5 l 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 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. E Dated: tea. B y�" _ eat er Ba ginger Assistant Public Works Director RCB No. 41746 RESOLUTION NO. 2000/ 395 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2055-99 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 01/02 1 159-070-034 Cemeteries, Mortuary 5.0 74.70 2 159-070-035 Cemeteries, Mortuary 5.0 74.70 3 159-090-024 Cemeteries, Mortua 5.0 74.70 Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $532,966.80 35671.00 Proposed Annexation CSA L-100 $14.94 224.10 15.00 New Totals CSA L-100 $14.94 1 $533,190.90__j_ 35686.00 Notes: 1) 15 Street Lighting Factor Units at $14.94 each = $224.10. 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. 2000/ 395 ASSESSMENT DIAGRAM OF Lup 2055-99 Contra Costa County County Service Area L-100 Street Lighting District ` 9UHD. 5994 1 (969 M 8) N85'09'06" 406.153 M- >r � Lu UJI LOT 22 1 -A SUBDIVISION 5994 w l (262 M 08) Z TOTAL AREA 11.030 HECTARES � N60'34'37"E 101.535 M m 1 o cx CO 000 c� CO 04 00 to fir. Nh co ' r"* •c 00 1 � Lft to ... .. etric ' �� ,� �// n000 R � �� 6. Dc Or // o 114D 650 METERS± TO ��� *Ni , LAURA ALICE WAY ASL S EXHIBIT B ...� HEET4OF4 APN 159-070-034 SCHELL AND MARTIN,INC. DATE: 4-29--00 APN 159-070-035 t"�MM OW ENWMno APN 159---03M Wt. OWU 90-024 LWAnM .�seU111 SCALE: 1: 2000 RESOLUTION NO. 2000/ 395 ASSESSMENT DIAGRAM OF Lup 2055-99 Contra Costa County County Service Area L-100 Street Lighting district ,NB5`09'06"E d, 4.06.1 53 M 4- PmOmB. LU W ch 0) N `q W 0 c 3 i Z N 'n o ho ;SI TE: :. z 10 55M� �, o $0.34'37 w `[ d � D ~ CL a. VICINITY MAP . (W SUE) Q � SITE ADDRESS: MEMORY GARDENS MEMORIAL PARK 2011 ARNOLD INDUSTRIAL WAY CONCORD CONTRA COSTA COUNTY TNtric CALIFORNIA EXHIBIT '8' SHEET 3 OF 4 APN 159-070- 034 SCHELL AND MARTIN,INC. [TATE" 4-29-00 APN 159--070-035 L"SURMW APN 159-090--024 WA SCALE: 1: 2000 RESOLUTION NO. 2000/ 395 On July 11, 2000, as an attachment to Resolution 2000/337, 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 L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $74.70 per parcel Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $74.70 in Fiscal Year 2001/2002. 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 3 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. 2000/ 395 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$224.10 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, 94553-4897. 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 September 25,2000 or you may hand carry your ballot to the Public Hearing on October 10,2000. 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, October 10, 2000, 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. 2000/ 395 EXHIBIT D County Service Area L-°IOU Lighting District Annexation Ballot Assessor's Parcel No.: 159-070-034 159-070-035 159-090-024 Annexation Of: LUP 2055-99 Record Owner: Turner& Stevens Co. c/o SCI Management Corp., 8th Floor Address: P.O. Box 130548 Houston, TX 77219-0548 Yes, I approve of the proposed annual assessment of$74.70 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$74.70 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 2000/ 395 OA 002 woo- TO: BOARD OF SUPERVISORS � II/ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: AUGUST 15, 2000 SUBJECT: ADOPT THE 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, LUP 2061-95, ALAMO AREA (WO 5001 ORG# 7394) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in LUP 2061-95 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for October 10, 2000 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:X SIGNATURE: - ' ` ----.-- _ COMMENDATION OF COUNTY ADMINISTRATOR EC-OMMENDATION OF BOARD COMMITTEE PPROVE _OTHER SIGNATURE (S): ACTION OF BOA N s AW APPROVED AS RECOMMENDED OTHER VOTE OF SUPER ORS X UNANIMOUS(ABSENT �+ ) AYES: NOES: ABSENT: ABSTAIN: SE:Jft:df G:1GtpData\SpDisfaoard Orders1200018 August\L100 package.LUP 2061-95.doe Brig.Div: Public Warks(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator Assessor Auditor-Controller - Community Development County Counsel 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. ATTESTED: A=st 151, 2000 PH'LBAT LOR, Clerk of the Board of Supervisors and County Administr for B 711AL Deputy 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, LUP 2061-95, ALAMO AREA DATE: AUGUST 15, 2000 PAGE - 2 - II. Financial Impact: 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-100, 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 LUP 2061-95, and an alternative means to finance public right of way street lighting would have to be found. e-11. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 15, 2000, by the following vote: AYES: SUPERVISORS, GIOIA, UILXEIM, CANCI MI A AND GERBER NOES: NONE ABSENT: SUPERVISOR DFSAULNIER ABSTAIN: NONE RESOLUTION NO. 2000/396 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 LUP 2061-95 (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 one parcel. 2. On September 25, 1999 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. RESOUMON NO. 2000/396 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on October 10, 2000, 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, 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. ATTESTED: _Amgpst 15, 2000_ PHIL BAT ELOR,Clerk of the Board of Sup ervi rs and Co my Administrator By Deputy d'— RESOLUTION NO. 2000/.396 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel NumberOwner's Name/Address 1 197-010-008 Peter Ostrosky 17 Sugar Loaf Terrace 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. 5.0 Street Lighting Factors/Parcel. RESOLUTION NO. 2000/ 396 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 X1I1D, 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: L By.1 10 r4 Heather Ballenger C� Assistant Public Works Director RCE No. 41746 RESOLUTION NO. 2000/ 396 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2061-95 Parol Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 01/02 1 197-010-008 Commercial 5.0 $74.70 Fund Tax Bill Basic Street Total Dollars Factor Units .Literal Lighting'Charge 2401 CSA L-100 $14.94 $532,966.80 35,671.00 Proposed CSA L-100 $14.94 $ 74.70 5.00 Annexation New CSA L-100 $14.94 $533,041.50 35,676.00 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 Poll and approved by the Board of Supervisors on July 11, 2000. RESOLUTION NO. 2000/ 396 ASSESSMENT DIAGRAM OF LUP 2061-95 Centra Costa County County Service Area L-100 Street Lighting District aY'J ESS/04,l $ICA 9 F• No. 5 C10- OF 10-OF CAtJE4 Po,►r of 1 � A.PtI . 117-oio-006 6�GtA1tJilJG ` fl.l7.4 • 1v y V• 002, t EXHIBIT "B" DeBolt Civil Engineering PLAT TO ACCOMPANY all Sitz km valley bulavard 1100 LEGAL DESCRIPTION V Dwillr, California SAW h A%WEY-N-ri o tj szs/e -mad RESOLUTION NO. 2000/ 39S On July 11, 2000, as an attachment to Resolution 2000/337, 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 L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $74.70 per parcel. Assessment on Each parcel Each parcel described by Exhibit A shall be assessed $74.70 in Fiscal Year 2001/2002. 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. 2000/ 396 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 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, 94553-4897. 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 September 25,2000 or you may hand carry your ballot to the Public Hearing on October 10,2000. 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, October 10, 2000, 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. 2000/ 396 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Marcel No.: 197-010-008 Annexation Of: LUP 2061-95 Record Owner: Peter Ostrosky Address: 17 Sugar Loaf Terrace Alamo, CA 94507 Yes, I approve of the proposed annual assessment of$74.70 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$74.70 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 2000/ 396 e ' 33 THE BOARD OF SUPERVISORS, AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on August 15, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILIKR%3, CANCTAMIL A AND GERBER NOES: NONE ABSENT:SUPERVISOR DEsAUINIER ABSTAIN: NONE RESOLUTION NO. 2000/391_ Government Code § 25350) SUBJECT: Intention to Purchase Real Property for the Blue Rock Drive Fire Station (Relocation of Station 82) Antioch, California Project No. 4500-6X5516 Antioch, Area RESOLUTION OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, RESOLVES THAT: It intends to purchase from Wilson Vlll, a limited partnership, the real property described in Exhibit "A" attached hereto for a fire station site, for the amount of $324,901, in accordance with the terms and conditions of the Purchase and Sale Agreement between the Contra Costa County Fire Protection District and the Grantor, Wilson Vlll, L.P., dated July 15, 2000, which is a fair and reasonable price therefor. A copy of said agreement is on file in the Public Works Department. This Board will meet on September 12, 2000, at 1:00 p.m. in the Board's Chambers, County Administration Building, Martinez, California, to consummate this purchase and the Clerk of this Board is DIRECTED to publish the attached notice in the Contra Costa Times pursuant to Government Code Section 6063. 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 State 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 a $25.00 handling fee to the County Clerk for filing 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 Plan of the City of Antioch. PAS:eh I hereby certify that this Is a true and correct G:\GrpData\RealProp\2000-Files\B©9&RES\BR2statlon82.doc copy of an action taken and entered on the minutes of the Board of Supervisors on the orig.Dept.: Public Works Depart. (R/P) date shown. Contact: P.Smyers (313-2222) cc: County Administrator ATTEST : 15,2DW Auditor-Controller PHIL T HELM, lerk of the Board of P.W.Accounting (via RIP) Sud u is s and C my Administrator By Deputy RESOLUTION NO. 2000/397 11-7 NOTICE OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County declares its intention to purchase from Wilson VIII, at a price of$324,9011, the 1.136 acres of land located at on the south side of Bluerock Drive, east of Lone Tree Way in Antioch, California and more particularly described in Resolution No. 2000 397 of the Burd and will meet at 1:00 p.m. on September 12, 2000, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, to consummate the purchase. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy Clerk Date(s) of Publication: _A.u�us t 24. 2000 �luzus t 31, 2000 September 7, 2000 RESOLUTION NO. 2000/397 Bluerock Fire Station Site Portion 072-012-089 Drawing No. MA201-2000 EXHIBIT "As PARCEL 1 (Fee Title) Real property in the City of Antioch, County of Contra Costa, State of California, being a portion of Parcel "D" as shown on the map of Subdivision M.S. 2-93, filed December 18, 1996, in Book 170 of Parcel Maps, at page 22, described as follows: Beginning at the most northerly comer of said Parcel "D" (170 PM 22); thence from said Point of Beginning, along the easterly boundary of Parcel "D", south 28049'57" east 277.00 feet; thence, leaving said boundary of Parcel "D", south 61'10'03" west 210.00 feet; thence north 28049'57" west 222.29 feet to a point on the southerly right of way line of Bluerock Drive, from which a radial line of a non-tangent curve concave to the northwest, having a radius of 270.00 feet bears. north 20045'37" west; thence northeasterly along said southerly right of way line, along the arc of said curve, through a central angle of 37050'21", a distance of 178.31 feet; thence north 31024'02" east 43.82 feet to the Point of Beginning. Containing an area of 1.136 acres of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS27). Distances given are grid distance; multiply distances given by 1.00007 to obtain ground distances. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. tANO Signature: —7--Licensed Land Surveyor " ZIN , Contra Costa County Public Works Exp, Date: No. 5999 ' Orr C1l11�� \\PWS4\SHARDATA\GRPOATA\CLERICAL1EXHISITS12000\FIRE DISTRICTMOC 3/14/00 RESo=oN No. 2000/397 RECelve ) AUG � 4 1999 DETERMINATION THAT AN ACTIVITY ENVIROfgMZNTAL IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 4500-6X5516 CP NO.: 99-57 ACTIVITY NAME: Contra Costa County Fire Protection Department Station 82 Relocation — Blue Rock Drive DATE: duly 26, 1999 PREPARED BY: Trina Torres This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15461 (b) (1) of the CEQA Guidelines. The activity is not a project as defined in Section 15378. DESCRIPTION OF THE ACTIVITY: Contra Costa County Fire Protection District is requesting that the Real Property Division purchase vacant land on Bluerock Drive in the City of Antioch from a private owner, in order to relocate their existing Fire Station #82, currently located at 2900 Lone Tree Way, Antioch. The proposed site is vacant and consists of approximately one acre of a larger 10.65-acre parcel located at the southeast corner of Lone Tree Way and Bluerock Drive. The larger parcel is identified as Assessor's Parcel No. 072-012-089 and will subdivided. When APN 072-012-089 is subdivided, the one-acre will receive a different APN. LOCATION: The project is located off of Lone Tree Way on Bluerock Drive in the City of Antioch. (Figures 1-5) It REVIEWED BY: 6�&) ATE: Cece Sellgren Environmental Planner APPROVED DATE: I 4ommunityv Development Representative GrpData\Engsvc\ENVIROMprojects\CEoAonly\ Determination-Exempt\CCC FPD-Sta.2 Reloo-Bluerock DrAoc e2 5- CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Pereon:Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: Contra Costa County Fire Protection District- Station 82 Relocation-Bluerock Drive, County File CP#99-57. Project Description: Contra Costa County Fire Protection District is requesting that the Real Property Division purchase vacant land on Bluerock Drive in the City of Antioch from a private owner, in order to relocate their existing Fire Station#82, currently 'located at 2900 Lone Tree Way, Antioch. The proposed site is vacant and consists of approximately one acre of a larger 10.65-acre parcel located at the southeast comer of Lone Tree Way and Bluerock Drive. The larger parcel is identified as Assessor's Parcel No. 072-012-089 and will subdivided. When APN 072-012-089 is subdivided, the one-acre will receive a different APN. Project location: The project is'located off of Lone Tree Way on Bluerock Drive in the City of Antioch. This project is exempt from CE 0A as a: — Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) �X General Rule of Applicability (Section 15061(b)(3) _ Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption for the following reason(s): This activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on 1 received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\99pmjects\CEQAonly\ NOE\CCC Fire Prot. Dist-Sta.82 Reloc-Bluerock Dr..doc CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Centra Costa County Community Development Department 651 Pine Street,4th Floor-North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person:Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: Contra Costa County Fire Protection District- Station 82 Relocation-Bluerock Drive, County File CP#99-57. Project Description: Contra Costa County Fire Protection District is requesting that the Real Property Division purchase vacant land on Bluerock Drive in the City of Antioch from a private owner, in order to relocate their existing Fire Station#82, currently ',located at 2900 Lone Tree Way, Antioch. The proposed site is vacant and consists of approximately one acre of a larger 10.65-acre parcel located at the southeast comer of Lone Tree Way and Bluerock Drive. The larger parcel is identified as Assessor's Parcel No. 072-012-089 and will subdivided. When APN 072-012.089 is subdivided, the one-acre will receive a different APN. Project location: The project is located off of Lone Tree Way on Bluerock Drive in the City of Antioch. This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) _ {ether Statutory Exemption, Section_ Declared Emergency(Sec. 15269(a)) X General Rule of Applicability (Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) — Categorical Exemption for the following reason(s): This activity is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpData\EngSvc\ENVIRO\99projects\CEQAonly\ NOE\CCC Fire Prot. Dist-Sta.82 Reloc-Bluerock Dr..doc C7 00 Z � a � Q °rel d rriaCl � C7 z m 0 0 _> rel M art r-- `-'- rr Z 0 r K: C + 'C n • --i 'ti✓ CJ rr1 > co 0 Y $4 z2E 000 rri rri jrll i ---i MRA Pre ... /1' ANSI R. ! ' < �► _� • �r �il ONE oil ad r Ri fMR ;.7, y '! s 1 A; 1. � �' R� �.��� � *.I ' �� lig.• F � f y x !. i� 1 ♦ . Z-1 r AM �� 4.v � `� 11lIIi � �R i ! y� ^♦ ! •x:! i+ M ♦ R L• !1P � M IM R R • ! s ! R! R R f f "R4 yj 0)L4� Al MIL ., . , . . . On OPM 411 ? r" "' *fir. ►'r' +�.dra+,zss:��Ea�.:ns�r/►� �a►M,�,,x,,.,,.�,t �-s:,.W :=-��:.-�*t ! t 1 I it all x e Its �t it lot 11 1 11;.— M t 1to Wili %Ilk a; ul �F i4 i" r i.:M1 -11t V lot kit V r tt r' t s g M j` N.i, t..• �.JT CO RA COSTA COUNTY iJ BOARD OF SUPERVISORS s Adopted this Resolution on August 15, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILM%l CANCTAMTf7A AND GERBER NOES: NONE ABSENT: SUPERVISOR DESAUMER RESOLUTION NO.2000/ 398 ABSTAIN: none (Government Code § 25350) SUBJECT: Intention to Purchase Real Property for the Health Services Department 303 41 st Street, California Project No.: 0928-4143-ACQ WH143B (W05067) Richmond Area CP 00-52 RESOLUTION OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County RESOLVES THAT: It intends to purchase from the C. Overaa & Company for Health Services Department purposes, the real property described in Exhibit "A" attached hereto, for$800,000.00, in accordance with the terms and conditions (Option to Purchase provision) of the Lease and subsequent settlement issues between the County of Contra Costa and the C. Overaa & Company, dated December 19, 1995, which is a fair and reasonable price therefor. A copy of said Lease is on file in the Public Works Department. This Board will meet on September 12, 2000, at 1:00 p.m. in the Board's Chambers, County Administration Building, Martinez, California, to consummate this purchase and the Clerk of this Board is DIRECTED to publish the attached notice in the Contra Costa Times pursuant to Government Code Section 6063. This Board hereby FINDS that the proposed project not have a significant effect on the environment, and that it has been determined to be exempt from the California Environmental Quality Act under State CEQA guidelines Article 5, Section 15061 (b)(3). This Board 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 the $25.00 fee to the County Clerk for filing and a $25.00 fee to Community Development for processing of the Notice of Exemption. 00-8tBR2-H s I hereby certify that this is a true and correct Orig.Dept.: Public Works Depart.(R/P) copy of an action taken and entered on the Contact: L.Lucy Owens(313-2229) minutes of the Board of Supervisors on the cc: County Administrator date shown. Auditor-Controller Grantor(via R/P) P.W.Accounting(via R/P) ATTESTED• �'t 15 2000 General Services(L/M) PHIL BAT H LOR, Cler f the Board of Supervi rs d County dminis ator BY Deputy RESOLUTION NO. 2000/ 398 NOTICE OF INTENTION TO PURCHASE REAL PROPERTY The Board of Supervisors of Contra Costa County declares its intention to purchase from C. Overaa & Company, at a price of$800,000.00, the County leased facility containing approximately 7,100 square foot building on approximately 15,000 square feet of land located at 303 41" Street, Richmond, California and more particularly described in Resolution No. 2000/398 of the Board and will meet at 1:00 p.m. on September 12, 2000, in its Chambers, County Administration Building, 651 Pine Street, Martinez, California, to consummate the purchase. Date(s) of Publication: 7,11L )ATCHEaD'.t, Clerk of the Boer-. of Supervisors anc? August 24,-2000 ^3ounty Adn.im .str_ator Aiigrtrt 1 ' Cl i}+ Deputy Sp.ptemher. 7, 2000 6/2$100 r RESOLUTION NO. 2000/ 398 Exhibit "A" PARCEL ONE: Lots 7 and 8, Block 4, as designated on the map entitled "Map of the Spaulding Richmond-Pullman Town Site", which map was filed in the Office of the Recorder of the County of Contra Costa, State of California, January 9, 1911 in Volume 4 of Maps, at page 80. PARCEL TWO: Lot 6, in Block 4, as designated on the map entitled "Map of the Spaulding Richmond-Pullman Town Site", which map was filed in the Office of the Recorder of the County of Contra Costa, State of California, January 9, 1911 in Volume 4 of Maps, at page 80. PARCEL THREE: Lot 5, in Block 4, as shown on the map entitled "Map of the Spaulding Richmond- Pullman Town Site", which map was filed in the Office of the Recorder of the County of Contra Costa, State of California, January 9, 1911 in Volume 4 of Maps, at page 80. PARCEL FOUR: Lots 9 and 10, in Block 4, as shown on the map entitled "Map of the Spaulding Richmond-Pullman Town Site", which map was filed in the Office of the Recorder of the County of Contra Costa, State of California, January 9, 1911 in Volume 4 of Maps, at page 80. Assessor's Parcel No.: 517-212-018 RESaU TION NO. 2000/398 CALIFORNIA ENVIRONMENTAL (QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor- North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-7250 Contact Person: Peter Bancroft Project Description, Common Name (if any) and Location. CP# 00-52 Purchase of County-leased facility at 303 41st Street, Richmond. This project is exempt from CEQA as a: (check which ever one applies] ® Ministerial Project(Sec. 15268) Other Statutory Exemption, Section ® Declared Emergency(Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3)) �] Emergency Project(Sec. 15269(b)or(c)) (� Categorical Exemption, Class Section for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Purchase of County-leased facility at 303 41st Street, Richmond. This site has been occupied by the County since 1996 and no change is anticipated as a result of the purchase. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on _ I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County General Services Department Atte-ntion:'Peter Bancroft 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 County Clerk Fee $25 Due FA303-41st StreetlPurchase NOE.doc DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: CP NO.: 00-52 ACTIVITY NAME: 303 41st Street, Richmond- Purchase DATE: April 18, 2000 PREPARED BY: Peter Bancroft This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESC IPT ON OF IN . ACTIVITY. Purchase of County-leased facility at 303 41st Street, Richmond. This site has been occupied by the County since 1996 and no change is anticipated as a result of the purchase. LOCATION: 303 41st Street, Richmond REVIEWEDY: - , _ DATE: APPROVEDDATE: � 1 Community Development Representative FA303-41 st StreetTurchase-CEQA.doc (Forth Revised 2197) Com- `J x 04 t) woo r N li M M i s �4 Irl, ti ORDINANCE NO. 2000 -2� (Director of Child Support Services) The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.411 is added to the County Ordinance Code to exempt the Director of Child Support Services from the Merit System to read: 33-5.411. The class of director of child support services is excluded, and is appointed by the board of supervisors.(Ord. 2000-27 , § 1.) SECTION II: EFFECTIVE ATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of the supervisors voting for and against it in the Contra Costa des ,a newspaper published in this County. PASSED ON A jg3jst 1 s.- 2 ? by the following vote: AYES: Supervisors Gioia, Uilkema, Canciamilla and Gerber NOES: None ABSENT: None ABSTAINS: None ATTEST: PHIL BATCHELOR., Clerk of the Board and County Administrator Bo C air (SEALS . ORDINANCE NO. 2000 -27 C3 ORDINANCENO. 200429 (Re-Zoning Land in the Walnut Creek Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: Page N 13 of the County's 1978 Zoning Map(Ord.No.78-93)is amended by re-zoning the land in the above area shown shaded on the map(s)attached hereto and incorporated herein{see also Community Development Department pile No. RZ003092 ) FROM: LandUseDistnct RB ( Retail Business ) TO: I.andUseDisttict C { Commercial ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec.84.2.003. {. JJ w w, ems, __`; �'•._ �' - (1" R- SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days atter passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Contra QQsta,_Tjmes anewspaper published in this County. PASSED on August sit 15, 2000 by the following vote: Supervisor Aye No Absent Abstain 1. J.Gioia {X) { ) { ) { ) 2. G.B Uilkema {X) ( ) { } { ) 3. D. Gerber W ( ) { ) { ) 4. M.DeSaulnier ( ) ( ) {X) { ) 5.J.Canciamilla (X) { ) { ) { ) ATTEST: Phil Batchelor,County Administrator and Clerk ofthe Board of Supervisors �L J Chairdf Ne Board By 7. . L C ,Dep. L) ORDINANCE NO. 2000-29 RZ003029 K&J Properties