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HomeMy WebLinkAboutMINUTES - 12071999 - C21-C23 �• 2.1 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 7, 1999 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 15-96, KNIGHTSEN 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 15-96 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for February 8, 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. /r r / Continued on Attachment:X SIGNATURE:Lit" ljj�_ '} y _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONDecenber 7, 1999 APPROVED AS I hereby certify that this is a true and correct copy of an action RECOMMENDED OTHER taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ATTESTED: December 7, 1999 ABSENT: ABSTAIN: PHIL BATCHELOR, Clerk of the Board of Supervisors and County SE:JR:df o \\PWSI\SHARDATA\GrpData\SpDist\Board Orders\1 999\1 2December\MS 15-96.doc Administr r Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator Assessor By Deputy Auditor-Controller Community Development County Counsel 2 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 15-96, KNIGHTSEN AREA DATE: DECEMBER 7, 1999 PAGE - 2 - 11. 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 MS 15-96, 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 December 7, 1999, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 991625 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 15-96 (the "Development") consisting of 1 parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 3 parcels. 2. On October 21, 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 1999/00 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire service area; the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 13, 1999. Based on its review of the Engineer's Report, the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on February 8, 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: December 7, 1999 PHIL BATCHELOR,Clerk of the Board of Supervis rs and County Administrator By u ,Deputy RESOLUTION NO. 99/ 626 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 Jeffrey Ghidossi 1 015-090-045 111 Cortona Drive San Ramon, CA 94583 2 **** The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent to the Contra Costa County Public Works Department as they are available. 1.0 Street Lighting Factors/Parcel. RESOLUTION NO. 99/ 626 EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 1999-00 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's 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: �' ' L By: � Heat *Bal eng Assistant Public Works Director RCE No. 41746 RESOLUTION NO. 99/ 626 �2/ COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM MS 15-96 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 99/00 1 015-090-045 Single Family 1.0 $14.94 2 015-090-045 Single Family 1.0 $14.94 3 015-090-045 Single Family 1.0 $14.94 Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $625,696.56 41877.50 Proposed CSA L-100 $14.94 44.82 3.00 Annexation New CSA L-100 $14.94 $625,741.38 41880.50 Totals Notes: 1) 3.0 Street Lighting Factor Units at $14.94 each = $44.82. 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1999/00 Tax Roll and approved by the Board of Supervisors on July 13, 1999. RESOLUTION NO. 99/ 626 ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-100 Street Lighting District F-ISCHFR AVE. -------- S89-23'40"E ? / 157.29m--- P.0.B. 57.29mP.O.B. ` Q I i e} 100 'Elfv N 'Elf a IN c= ? 0 LL-j N I v r-- :n cD L; l N o� E zl IN to m 0 I SCALE 1:5000 0— 0 C CD I I 1:i ,3 99 - - 8� 27034 4�3 87.35m ECP.3/3iio r ? �V N89'26'16"W \ OF C DATE:10/20/99 PLOT MAP DAVID B. HOP AND ASSOCIATES SCALE:1:5000 CML ENGINEERING AND SURVEYING CSA L-100 ANNEXATION 320 Sycamara valley Road west DR:D.B.H. Darn?IIe,CA 94528 FB:if KNIGHTSON (925)837-7904 FILE:ANNEX.DWC CALIFORNIA (925)837-7871 Fax JOB N0:285-3 RESOLUTION NO. 99/ 626 On July 13, 1999, as an attachment to Resolution 99/323, the Board of Supervisors adopted the "Final Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 1999/00". That report recommends levying of a street lighting charge as provided in the County Service Area Law, Government Code sections 25210.1, and following and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100"). Total 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 2000/2001. Methodology for Calculating Street Lighting Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as 8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill; (2)the number and types of parcels within each Service Area; (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unforseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the County Service Area (CSA) L-100 Lighting District. RESOLUTION NO. 99/ 626 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$44.82 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 January 24, 2000 or you may hand carry your ballot to the Public Hearing on February 8,2000. 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, February 8, 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. 99/ 626 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 015-090-045 Annexation Of: MS 15-96 Record Owner: Jeffrey Ghidossi Address: 111 Cortona Drive San Ramon, CA 94583 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. 99/ 626 CO 22... TO: BOARD OF SUPERVISORS vi2 FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 7, 1999 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2)ZONE 48,DANVILLE AREA (WO 5021 ORG 7772) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the Engineer's Report for a landscaping assessment on parcels in SUB 8104 to be annexed into Countywide Landscaping District (LL-2) Zone 48. 2. FIX a Public Hearing for February 8, 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. i Continued on Attachment:X SIGNATURE: d _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON , I APPROVED AS RECOMMENDED X OTHER I hereby certify that this is a true and correct copy of an action taken and VOTE OF SUPERVISORS entered on the minutes of the Board of Supervisors on the date shown. _X UNANIMOUS (ABSENT ) AYES: NOES: ATTESTED: December 7, 1999 ABSENT: ABSTAIN: PHIL BATC 9LOR,Clerk of the Board of Supervisors and County SE:JR:df Administra r G:\GrpData\SpDist\Board Orders\1999\12December\SUB 8104.doc Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) By ,Deputy cc: County Administrator Assessor Auditor-Controller Community Development County Counsel SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 48, DANVILLE AREA. DATE: December 7, 1999 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 Landscaping District (LL-2) Zone 48. III. Reasons for Recommendations and Background: The developer is required by Condition of Approval to install landscaping facilities in the public right-of way within boundaries of said District and annex to the County's Landscaping District, CWLSD (LL-2) Zone 48 for maintenance and operation of those facilities. 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 SUB 8104, and an alternative means to finance public right of way landscaping would have to be found. +7 J THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 7, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 99/ 627 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO COUNTYWIDE LANDSCAPING DISTRICT(LL-2)ZONE 48. The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SUB 8104(the"Development")consisting of 1 parcel,more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 13 parcels. 2. On October 25, 1999 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into Countywide Landscaping District(LL-2)Zone 48. The County intends to initiate proceedings to annex the Development into Countywide Landscaping District(LL-2)Zone 48 pursuant to that request. 3. Once the Development is annexed into Countywide Landscaping District(LL-2)Zone 48,the parcels within it will receive a Special Benefit over and above that received by the general public in the form of landscape improvements as defined in Section 22503 of the Streets and Highways Code and the Landscaping and Lighting Act of 1972. 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") on each such parcel. 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 Engineer's Report to the Board of Supervisors for Establishing Countywide Landscaping District (LL-2) Zone 48 for Fiscal Year 2000/01 is attached as Exhibit B. The Engineer's Report meets the requirements of a report under Article 4-Sections 22565 through 22573. The Engineer's Report includes: a description of each parcel of real property receiving the special benefit, the estimated Assessment chargeable to each parcel, the total Assessment chargeable to Zone 48 from the parcels within the Development; the methodology supporting the assessment, and the duration of the Assessment. 6. Based upon its review of the Engineer's Report, The Board finds that: (a) The Special Benefit 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 Special Benefit will confer on each parcel. Resolution No. 99/ 627 Now, therefore the Board Of Supervisors ORDERS AND RESOLVES as follows: 1. The board will conduct a public hearing(the"Hearing") on February 8, 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. The Board directs the Public Works Director to make immediately available for viewing to the public at the office of the Public Works Department, 255 Glacier Drive, Martinez, California, a copy of the Engineer's Report. 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 protests 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 cn the minutes of the Board of Supervisors on the date shown. ATTESTED: December 7, 1999 PHIL BATCHELOR,Clerk of the Board of Super,is rs and County Administrator Py ,Deputy Resolution No. 99/ 627 Exhibit A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address Carold M. &Carolyn A. Stevens 1 220-080-022 P.O. Box 275 Danville,CA 94526 **** 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. $490.00 Equivalent Dwelling Unit(EDU)per Dwelling Unit Resolution No. 991 627 VVV EXHIBIT B FINAL ENGINEER'S REPORT COUNTYWIDE LANDSCAPING SERVICE CHARGE COUNTY SERVICE AREA LL-2 FISCAL YEAR 2000-01 The undersigned, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article XIIID, Section 4, of the California Constitution, the County Service Area Law(Gov. Code, 25210.1 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. Dated: Z By:�J a Hdather ballenger Assistant Public Works Director RCE 41746 Resolution No. 99/ 627 e� EXHIBIT B PLANS AND SPECIFICATIONS FOR THE COUNTY OF CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 48 Fiscal Year 2000-2001 The facilities which have been constructed within the County of Contra Costa, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: The improvements consist of the construction,operation, maintenance and servicing of landscaping,irrigation, lighting (not street lighting except in special cases), and appurtenant facilities including but not limited to personnel,electrical energy,utilities such as water,materials,contractual services,and other items necessary for the satisfactory operation of these services and facilities as described below: DESCRIPTION OF IMPROVEMENTS Landscaping The landscaping facilities consist of, but are not limited to: Landscaping planting, shrubbery, trees, irrigation systems,hardscapes,sidewalks,and appurtenant facilities located within the public right-of-ways,parkways,and designed easements within the boundaries of said Assessment District. The following table is an estimated square footage of the improvements that are being operated,maintained and service throughout Zone 48. RIGHT OF WAY IMPROVEMENT AREA IMPROVEMENT AREAS SQUARE FOOTAGE Camino Tassajara 16,980 Oakgate Road 75773 TOTAL 24,753 Resolution No. 99/ 627 EXHIBIT B CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 48 Detailed Project Costs Estimate FY 2000/2001 Proposed Parcel Assessor's Parcel Number Description EDU's Assessment FY 1999/2000 H,. H _....... _.H k...: m.,..,... ..:v... n it 13 220-080-022 Single Family 490.00 Per Unit $490.00 Per unit Fund Tax Bill Literal Basic EDU Total Dollars Total EDU's 2872 CCC LD LL-2 ZONE 48 $490.00 26,950.00 55 Proposed Annexation CCC LD LL 2 ZONE 48 $490.00 6,370.00 13 New Totals CCC LD LL 2 ZONE 48 $490.00 33,320.00 1 68 OPERATION&MAINTENANCE COSTS 2000- EXPENDITURE REVENUE TOTALS 2001 ESTIMATES ESTIMATES Projected FY 1999/2000 Carry-Over 5,000.00 Total EDU's=68 $33,320.00 FY 2000/2001 Asessments @$490.00/EDU Subtotal $38,320.00 $38,320.00 Operation/Maintenance,Vandalism 24,500.00 Professional/Specialized Services,Insurance $2,260.00 Utilities $6,200.00 County Levy Code,Adjustment&Collection of fees for 360.00 68 parcels Capital Improvements/Contingency $5,000.00 Subtotal $38,320.00 $38,320.00 PROJECTED ENDING FUND BALANCE $0.00 Resolution No. 99/ 627 EXHIBIT B Total Assessment/Charge On Countywide Landscape District(LL-2) Zone 48 In the event that the proposed assessment is levied, the total amount chargeable to Countywide Landscape District (LL-2) Zone 48, with regards to this development, will be $6,370.00. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed: $490.00 in Fiscal Year 1999-2000. Methodology for Calculating Landscaping Assessments The "benefit received" is based on upon the Equivalent Dwelling Unit (EDU) factor per acre. The landscaping assessment for this Zone is based upon several factors such as (1) cost required to pay the utility bills; (2) the number and types of parcels within this Zone; (3) a reserve fund for administrative and accounting services provided by the County; (4) unforseen expenses such as utility rate increases, and maintenance (including replacement) of the landscape improvements. The assessment revenue is used to pay for the total costs of operating the Landscape District and those costs are apportioned among the various parcels in the Countywide Landscape District (LL-2) Zone 48. Resolution No. 99/ 627 ASSESSMENT DIAGRAM OF CONTRA. COSTA COUNTY COUNTY WIDE LANDSCAPING DISTRICT LL-2 ZONE 48 It TRACT 7776 TRACT 7»7 t t TRACT 7779 �►ROPoStD 00 G.p $ctt3 810'4 S TD CWj.SZ) 1-0- C� t NmTp SGLE ra'+t t ZONA 45 � TiiNCi 7778 111 � i I I t TRACT 7613 t t { =ac -------------- t t � TRACT 7780 t cAwarw i ,t ftAW/MFDMM� TRACT 7621 It t .t+ 9iM+Ei cx g. ..........-• ::. :•: baa we wr a�w WL4dC pm Gla ec rRR£. 7 Z c N R A 55.5 51m N 7' ASSESSWEM tw�cRArr1 "mm, 'Dt RC 2A+m w.I`t N Ptt�Po S£-3i i N 1�1 X,t T tCt «r.. of wxr ow on-=a►-=t t,.. c0f04. ....O rsa r..+. 70 ITT N t3q+oq`ot"W Ig$.la( rn ,C foi't.ltw'� ��, aQ � a � g p m '` r O ti • _ ._...__ wtu O J 1p 1 bq•oat o tow C, .. :TRAG? '1413 C b6 M 3c� � � 4 Resolution No. 99/627 l/ 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 Countywide Landscape District LL-2 and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the landscaping within the pubic 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 $490.00 per year. The total amount levied by the assessment,with regards to this development is approximately$6,370.00 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 landscaping within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain right of way landscaping 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 January 24, 2000 or you may hand carry your ballot to the Public Hearing on February 8,2000. 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 Countywide Landscape District LL-2. The ballot may be used to express either support for or opposition to the proposed Countywide Landscape District LL-2 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, February 8, 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. 99/627 EXHIBIT D Countywide Landscape District LL-2 Annexation Ballot Assessor's Parcel Nos.: 220-080-022 Annexation Of: SUB 8104 Record Owner: Carold M. & Carolyn A. Stevens Address: P.O. Box 275 Danville, CA 94526 Yes, I approve of the proposed annual assessment of$490.00 on each of the parcels identified in this ballot. No,I do not approve of the proposed annual assessment of$490.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 99/627 . c. 23 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: DECEMBER 7, 1999 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, SUB 8016, ALAMO 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 SUB 8016 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for February 8, 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. e 1 Continued on Attachment:X SIGNATURE: 1 _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONj�g� 7) 1999 APPROVED A 1 hereby certify that this is a true and correct copy of an action RECOMMENDED X OTHER taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ATTESTED: December 7, 1999 ABSENT: ABSTAIN: PHIL BATC LOR, Clerk of the Board of Supervisors and County SE:JR:df \\PWSI\SHARDATA\GrpData\SpDist\FORMS\BoardOrderMasterForms\LI00 packageSUB 8016.doc Administr or Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) cc: County Administrator Assessor By O Deputy Auditor-Controller Community Development County Counsel 0 s� SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, SUB 8016, ALAMO AREA DATE: DECEMBER 7, 1999 PAGE - 2 - 11. 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 SUB 8016, 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 December 7, 1999, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 99/ 628 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING DISTRICT The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SUB 8016 (the "Development") consisting of 2 parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be 47 parcelS. 2. On October 12, 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 1999/00 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire service area; the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 13, 1999. Based on its review of the Engineer's Report, the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on February 8, 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 a:, .,clic n a;',-.,n and entered on the minutes of the Eoard of Supervisors on the date shown. ATTESTED: „December 7„ 1999 PHIL BATCHELOR,Clerk of the Board of Supero' ors and County Administrator Rv ,Deputy RESOLUTION NO. 99/ 628 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 Western Land Management Co. 1 193-200-016 4801 W. 96' Street Overlook Park, Kansas 66207 2 193-200-018 Western Land Management Co. 4801 W. 96' Street Overlook Park, Kansas 66207 1.0 Street Lighting Factors/Parcel. RESOLUTION NO. 99/ 628 41-19-a2s EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 1999-00 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's 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: G w By: h Heath"" eath alle ger Assistant Public Works Director RCE No. 41746 RESOLUTION NO. 99/.628 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM SUB 8016 Parcels Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 00/01 1 thru 47 193-200-0161 018 Single Family 1.0/Parcel $14.94/Parcel Fund TaxBill Basic Street' Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $6251696.56 41877.50 Proposed CSA L-100 $14.94 $702.18 47.00 Annexation New CSA L-100 $14.94 $626,398.74 41,924.50 Totals Notes: 1) 47 Street Lighting Factor Units at $14.94 each = $702.18 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 1999/00 Tax Roll and approved by the Board of Supervisors on July 13, 1999. RESOLUTION NO. 99/ 628 ASSESSMENT DIAGRAM OF SUB 8016 Contra Costa County County Service Area L-100 Street Lighting District STONE VALLEY 0/ SUBDIVISION, 8016 j---ff-N 87'28'08" E 919.97' BOUNDARY EXHIBIT N 88'38'30' E 1199.88' o+ 0 0 z w ,o a fV N �N c O z W O�O O� n z o AREA = 100.32 ACRES 2 pp F, AOp'�p0 �g0 <J N SCALE 1':=300' AY S W STO� 853 ,.�J ti yy� ori. 00 i F t�. �6`• �• n Of i 40.00' <11 Z F , O N ��3j'30.w��j ��Ste• SMITH ROAD 9247SUR.DWG RESOLUTION NO. 99/ 628 On July 13, 1999, as an attachment to Resolution 99/323, the Board of Supervisors adopted the "Final Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 1999/00". That report recommends levying of a street lighting charge as provided in the County Service Area Law, Government Code sections 25210.1, and following and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100"). Total 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 2000/2001. Methodology for Calculating Street Lighting Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as 8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthly electrical bill; (2) the number and types of parcels within each Service Area; (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unforseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the County Service Area (CSA) L-100 Lighting District. RESOLUTION NO. 99/ 628 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$702.18 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 January 24, 2000 or you may hand carry your ballot to the Public Hearing on February 8,2000. 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, February 8, 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. 99/ 628 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 193-200-016, 018 Annexation Of: SUB 8016 Record Owner: Western Land Management Company Address: 4801 W. 96th Street Overlook Park, Kansas 66207 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. 99/628