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THE BOARD OF SUPERVISORS OF CONTRA COSTA COKTY, CALIFORNIA
Adopted this Resolution on September 11, 2001, by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: ptpNF RESOLUTION NO. 2001/414
SUBJECT: APPROVE Resolution No. 2001/414 for tabulation of Mail-In Ballots, confirmation of .Diagram
and Assessment, and levy of street light charges for LP002028�County Service Area L-100, Alamo area.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On July 17, 2001, the Board of Supervisors adopted Resolution No. 01/324 directing the filing of the
engineer's report for street light charges for County Service Area L-100. As directed by the Board, the
Engineer Ex Officio has filed the engineer's report.
2. On July 17, 2001, the Board adopted Resolution No. 01/324 declaring the Board's intention to levy and
collect street light charges to operate and maintain facilities and services within CSA L-100 for fiscal year
2002-03 and setting a public hearing for September 11, 2001. Notice of the hearing was given in the time
and manner required by law.
3. Resolution No. 01/324 directed the Engineer Ex Officio (Public Works Director) to cause to be mailed to
property owners within LP002028 the notices and ballots required by Section 4 of Article XIII D of the
California Constitution (Proposition 218).
4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be
tabulated.
NOW, THEREFORE, the Board FINDS, DETERMINES and ORDERS that:
5. A public hearing was held before this Board on September 11, 2001 at 9:00 a.m. At the hearing, the
Engineer Ex Officio presented to the Board all ballots received from property owners within LP002028 a
proposed tabulation of those ballots. The Board heard and considered all protests against the proposed
assessments and tabulated the returned ballots according to the proportional financial obligation of the
affected properties. The Board also afforded to every interested person an opportunity to make a protest to
the engineer's report, either in writing or orally, and the Board considered each protest.
6. A majority protest, as defined in section 4(e) of Article XIII D, does not exist.
7. The Board hereby confirms the diagram and assessment as set forth in the report of the Engineer Ex Officio
and hereby authorizes the levy of the street light charges set forth therein in LP002028 for fiscal year
2002/03 to be collected on the tax rolls.
I hereby certify that this is a true and correct copy of an action taken and
SE:sd entered on the minutes of the Board of Supervisors on the date shown.
G\GrpDa1a\SpDist\Board Ordersi2001\09 SeptembcABO 9-11-01 LP002028.doc
Orig.Dept.: Public Works Department(Special Districts) ATTESTED: September 11, 2001
Contact: Skip Bpperly,3 13 2253 JOHN SW TEN,Clerk of the Board of Supervisors and County
cc: Assessor
Auditor-Controller Administ r n
Courcy Administrator L/ -
County Counsel By
P.W.Accounting
J.Rushton,Sp.Dist.
RESOLUTION NO.2001/414
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
DATE: September 11, 2001
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of LP002028 into CSA L-100
(APN # 196-070-004)
I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California, having
canvassed the return of all votes cast in the proposed annexation of LP002028 into County Service
Area L-100 Lighting District held between July 17, 2001 and September 11, 2001, do hereby certify the
following to be a full, true and correct Statement of Results of all votes cast on the following measure:
County Service Area L-100 Lighting District Annexation and Annual Assessment for
LP002028
Yes 1 No
I. further certify that the total number of ballots cast in the proposed annexation of LP002028 into
County Service Area L-100 Lighting District at said election was one and attached hereto are the total
ballots received for and against annexation and assessment.
Dated the 11th day of September, 2001
:sd
G:\GipData\Spl)ist\Board Orders\200 1\09 September\BO 9-1 1-01 LP002028.doc
cc: 11.Ballenger,Engineering Services
M.Morton,Engineering Services
S. Epperly,Special Districts
J.Rushton,Special Districts
_0
County Service Area L-100 Lighting District Axation
Ballot
Assessor's Parcel Nos.: 196-070-004
Annexation Of: LP002028
Record Owner: 4;51tarks
d Sutton Bennett
Road
Alamo, CA 94507
Cis
approve of the proposed annual assessment of$14.94 on each of the parcels identified
ballot.
No,I do not approve of the proposed annual assessment of$14.94 on each of these parcels.
r-
i ature o ecord Owner or Authorized
Representative of the above identified parcels.
Date
TO: .BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: July 17, 2001
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, LP002028, Alamo
area. (WO 5001, ORG. 7394)
SPECIFIC REQUEST(S)OR RECONINIENDATION(S)&BACKGROUND AND 1USl-IFICATION
.1. Recommended Action:
I. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the
parcels in LP002028 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for September 11,2001 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: /
_
RECOMM I I 1
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JULY 17, 2001 APPROVED AS RECOMMENDED__&X OTIIER
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
VOTE OF SUPERVISORS Supervisors on the date shown.
XX UNANIMOUS(ABSENT NONE )
AYES: NOES: ATTESTED: JULY 17, 2001
ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and
County Administrator
SE JR:MF:sd
G:\GrpDat.i\SpDist\Boatd Orders\2001\07 July\LP002028 1,100 Package 7-17-Ol.doc
Orifi.Div: Public Works(Special Districts) By ,
Contact: Skip Eppe,I'(313-2253)
cc: County Administrator Deputy
Assessor
Auditor-Controller
Comununity Development
County Counsel
SUBJECT: ADOPT the Resolu`16n accepting the Engineer's Report and0a Hearing to consider levying an
assessment for additional parcels to be annexed to County Service Area L-100, LP002028, Alamo
area. (WO 5001, ORG. 7394)
DATE: July 17, 2001
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.
111, 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.
1V. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for LP002028, and an alternative
means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPE:RVISO.R*F CONTRA COSTA COUNTY, CA.L RNIA
Adopted this Resolution on July 17, 2001,by the following vote:
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/ 324
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. Tile County is currently processing LP002028 (the "Development") consisting of I parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this development
will be 1 parcels.
2. On February 23,2001 the applicant for the Development submitted a request to the Department of Public
Works for inclusion of the Development into County Service Area L-100 (CSA .L-100). The County
intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request.
3. Once the Development is annexed into CSA L-100,the parcels within it will receive a special benefit over
and above that received by the general public in the form of lighting services. This service is a
miscellaneous extended service(the"Extended Service")as defined in Article 1012-2.406 of the Contra
Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcels within the Development,it will
be necessary to levy a service charge(the"Assessment"). The service charge meets the requirements of
an"assessment"under Article XIIID of the California Constitution because it is conferred to provide the
special benefit, defined above, on the parcels within the development.
5. A copy of the Addendum to the Final Engineer's Report to the Board of Supervisors for Establishing A
Street Light Service Charge for Fiscal Year 2001/2002(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 10,2001.
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.
I hereby certify that this is a true and correct copy of an action taken and entered on
S1:Jlt:sd the minutes of the Board of Supervisors on the date shown.
G:\GrpData\SpDisi\Board Orders\2001\07 JuW.LP00'028 1-100 Package 7-17-OLdoc
Di
Orig. y: Public Works(Special Districts) ATTESTED: JULY 17, 2001
Contact: Skip Eppclny(313-2253
31 JOHN SWEETEN,Clerk of c Board of Supervisors and County Administrator
cc: Counn�Adntimstratur
Assessor
Auditor-Controller By ,Deputy
Community De%elopnxnt
County Counsel
RESOLUTION NO.2001/324
SUBJECT: RESOLUTION ACTING THE ENGINEER'S REPORT AXING A PUBLIC HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO
COUNTYWIDE L-100 LIGHTING DISTRICT
DATE: JULY 17, 2001
PAGE: 2
Now, Therefore"rhe Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. Tile board will conduct a public hearing(the"Hearing")on September 11,2001 at 9:00 a.m. in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the
written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.A
copy of the Engineer's Report is on File with the Public Works Department.
3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the Hearing,
the Board shall consider any objections or protests to the Assessment and certify the tabulation of the
Ballots. The .Board shall not impose the Assessment if there is a majority protest. A majority protest
exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the Assessment exceed the
Ballots submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be weighted
according to the proportional financial obligation of the affected property.
4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report;
levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa County.Public
Works Department,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.
RESOLUTION NO.2001/ :324.
• 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
196-070-004 Tom and Sutton Bennett
175 Marks Road
Alamo, CA 94507
**** The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent
to the Contra Costa County Public Works Department as they are available.
1_0 Street Lighting Factors/Parcel.
RGSOLU'rION NO.2001/324
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
:FISCAL YEAR 2001/2002
The undersigned, acting on behal f 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: 01 By:
Heatf QW Ballenger
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO.2001/ 324
IPOUNTY SERVICE AREA L-10
ENGINEER'S REPORT
ADDENDUM
MS000001.
Parcel Assessor's Parcel Description Factor Unit Proposed
Number Assessment
FY 01/02
1 196-070-004 SINGLE 1.0 $14.94
FAMILY
Fund Tax Bill Basic Street Total Dollars Factor Units
Literal .Lighting Charge
2401 CSA L-100 $14.94 $534,153.86 35750.50
Proposed CSA L-100 $14.94 $14.94 1.00
Annexation
New CSA L-100 $14.94 $534,168.80 35751.50
Totals
Notes:
1) 1.0 Street Lighting Factor Units at $14.94 each = $14.98.
2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2001/2002 Tax Roll and
approved by the.Board of Supervisors on July 10, 2001.
RESOLUTION NO.2001/ 324
ISSESSMENT DIAGRAM OP
LP002028
Contra Costa County
County Service Area L-100 Street Lighting District
(Place copy of map here)
RESOLUTION NO.2001/ 324
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On July 10, 2001, as an attachrrnenfoResolution 01/ 324 ,the Board of SupL�rvisors adopted the"Final Engineer's
.Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 2001/2002".
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
$14.94 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 2002/03.
Methodolo2y for Calculating Street Liphtin2 Assessments
The"benefit received"is based on a sliding scale of l basic unit charge fora single family dwelling unit to as much
as 8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based
upon several factors such as(1)cost required to pay the Pacific Gas&Electric Company's current monthly electrical
bill; (2) the number and types of parcels within each Service Area; (3) a reserve .fund for Administrative and
Accounting services provided by the County and; (4) unforeseen expenses such as electrical rate increases.
The assessment revenue is used. to pay for the total costs of operating the street light system and those costs are
apportioned among the various parcels in the County Service Area (CSA) L-100 Lighting District.
RESOLUTION NO.2001/ 324
EXHIBIT C
BALLOT NOTICE
Why did}vou 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 2.18 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$14.94 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 August 27,2001 or you may hand carry your ballot to the Public
Hearing on September 11,2001. Ballots received after the close of the Public Hearing cannot be counted. Ballots are weighted
by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment,are opposed to
the assessment,the assessment will not be imposed.
Ballot Procedures
This ballot is for the sole use of the property owner(s)of the parcel identified herein which is located within the County Service
Area L-100 Lighting District. The ballot maybe 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, September 11, 2001 at 9:00 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street, Martinez, CA 94553. Results of the returned ballots will be announced after the
close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take action-
on whether or not to levy the assessments based upon the testimony and ballots received.
RESOLUTION NO.2001! 324
• EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 196-070-004
Annexation Of: LP002028
Record Owner: Tom and Sutton Bennett
175 Marks Road
Alamo, CA 94507
Yes,I approve of the proposed annual assessment of$14.94 on each of the parcels identified
in this ballot.
No,I do not approve of the proposed annual assessment of$14.94 on each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO.2001/ 324
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ELEAIO CONFIRMAlaON OR#*
Hearing Date: September 11, 2001 Q 9:00 am.
Name of Person Phoning to Request Hearing:Berri DaHMAM Phone No.: 313-2170
Hearing bate Confirmed With: of Clerk of the Board Staff on:
Agenda Language(how it swill read on the calendar):
Bearing on annual street lighting charges for Uqg2LU(Alamo area);Tabulate rmailed-in ballots;determine whether
a majority protest exists,; and consider adoption of a resolution determining charges, and eonfim-dng final report,
approving annexation and levying charges on the tax roll.
2. Anticipated length of the hearing: 5 minutes or less X or more
3. Is it controversial? 'Yes` NO X
4. Noticing Requirements: _ NIA
Code Section: N/A
5. Publication Requirements: #of times N/A #of days before hearing NIA
6. Who is to Publish the Notice? CDB , NIA PWD N/A
It is the responsibility of the department to provide the appropriate notice- Sonic notices art adopted by Board Resolution;
the publication cannat be ordered until the Resolution is adapted by the Roatd of Supervises.
6. If posting of notice is required,who will post? N1A
7. If mailing the notice is required,who will provide the clerk with the correct mailing list and labels?
-AIA
7. When will this"fix bearing item"be listed on the Board agenda as a consent item?
Ju1v 17L2001.
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255 Glacier Drive DWAY Dimckw
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(925)313-2000 Dwu Avalon
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FAX TRANSMITTAL
(925)313-2333
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