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HomeMy WebLinkAboutMINUTES - 04141998 - C26-C29 TO: BOARD OF SUPERVISORS Contra Costa FROM: PHIL BATCHELOR, County Administrator County DATE: April "14, 1998 SUBJECT: FIX HEARING TO ADJUST CRIMINAL JUSTICE ADMINISTRATIVE (LOOKING) EEE u.:h rq" SPECIFIC REQUEST(S)OR RECOMMENDATION($)&BACKGROUND AND JUSTIFICATION RECOMM ND.ATI lel: 1. FIX Tuesday, May 12, 1998 at 11:00 a.m. for a public hearing on the proposed ordinance adjusting the Criminal justice Administrative (Booking) Fee. 2. DIRECT the County Administrator to publish required notices and to submit to the Clerk of the Board by Friday,April 24, 1998 documentation supporting the fee adjustments for public inspection. BACKG RQ ND: On January 22, 1991,the Board adopted an ordinance establishing a criminal justice administrative (booking) fee in the amount of$127 as authorized by Chapter 29550 of the Government Code. The Board has subsequently increased the fee to $137 effective June 1, 1994 and to $145 effective July 1, 1995. The current fee, $145, has been in effect since July 1996 and has;not been adjusted to reflect changes in operations, staff or cost. Government Code Section 29550 was amended effective January 1, 1996 by Statutes of 1995, Chapter 910 (AB 82-Pringle). The Pringle Bill requires that any increase in the jail booking fee be adopted prior to the beginning of the fiscal year in which it will take effect and requires a 45-day writtemnotice of a public hearing. The noticing requirement for a May 12, 1998 hearing has been satisfied. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRA RECOMMENDATION of BOARD COMMITTEE APPROVE OTHER SIGNATURES): ACTION OF BOARD ON APR-! APPROVE AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE V AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT Y } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN, ABSENT: ABSTAIN: ATTESTED APR 14 1998 CONTACT:JULIE ENEA(925)335-IOM PHIL BATCHELOR,CLERK OF THE BOARD CC: COUNTY ADMINISTRATOR OF SUPERVISORS AND COUNTY AUDITOR-CONTROLLER ADMINISTRATOR COORDINATED TRIAL COURTS r SHERIFF BY�, ,1 ;,�' DEPUTY TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: APRIL 14, 1998 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 2075-96, OAKLEY AREA (WO 5001 ORG# 7394) SPBCIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION T. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's.Report for a lighting assessment on parcels in LUP 2075-96 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for June 2, 1998 at 11:000 a.m. in Room 1.07 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: RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON M 14 1999 APPROVED AS RECOMMENDED x VOTE OF SUPERVISORS X UNANIMOUS(ABSENT V ) I hereby certify that this is a true and correct AYES; NOES; copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. ATTESTED: SPR ' ? - g:\gtpdstgrspdist\,r21seompu100form\lup2075966rdord.doe PHIL BATCHELOR, Clerk of the Board Orig,Div: Public Works(Special Districts) of Supervisors and Co my Administrator Contact: Slop B Admierty(3trator 3) '� '"" -.. cc: County Administrator -Btt..J / �,� Deputy Assessor Auditor-Controller Community Development County Counsel SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, LUP 2075-96, OAKLEY AREA. DATE: APRIL 14, 1998 PAGE - 2 - IL Financiallmpact: 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. W. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for LUP 2075-96, 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 April 14, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, and Rogers NOES: None ABSENT: Supervisor Canciamilla ABSTAIN: None RESOLUTION NO. 981 178 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 2075-96 (the"Development")consisting of one (1) parcel, more specifically described in Exhibit A. 2. On March 30, 1998 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 1997/98 (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 15, 1997. 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 June 2, 1998 at 11:00 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 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. SE:JR: g tgrpdata\spdist\jr\218comp\11OOform\lup207598brdord.doc Orig.Dept.: Public Works Department(Spacial Districts) f hereby certify that this is a true and correct Contact: Skip Epperly,313-2253 copy of an action taken and entered on the cc: County Administrator minutes of the Board of Supervisors on the AssessorAuddate shown. Community eel APR 14 1998 CounttyuCounetelopment ATTESTED: tit- PHIL BATCHELOR, Clerk of the Board of Supervisors and Co my Administrator By kA=A..-=ems_ Deputy RESOLUTION NO. 98/ 178 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List ttirel Asesor'ear �it urn leir �nrnar' :Nelddra~ 1 037-040-016 Maurice & Geneva Lodge 1131 Orchid Drive Brentwood, Ca. 94513 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. Five (5) Street Lighting Factors Per Parcel RESOLUTION NO. 981 178 _. _. ......... ........ .. _.. . .. _ _ . .............. ............ ......... ......... ......... ......... ......... _._... ......... ._....... ._....... ......... ......... ..............._.. . .. ................................................................................................ .. ._................... EXHIBIT B ADDENDUM TO THE FINAL ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997198 RESOLUTION NO. 981 178 ......... ......... ......... ........_...... ....... ................_..._.. ......... ......... ._....... ......... ......... ......... ..._. ......... ......... ......... ......... ......... . .................................................. COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2075-96 ' rcI A� ar"a ''Ta, 08 PSI basrltlrn F�t+r�r Urii ' Qi Nurnbr:.. � ant� O 1 037-040-016 2.380 Hectares/ 5 $74.70 8.88 Acres FunI millIa'trset- 1`t7►ta►t IIrc �Ui � 1 .+ f Cht 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $74.70 5.00 Annexation New CSA L-100 $14.94 $618,376.48 41,387.50 Totals Notes: 1) Five (5) Street Lighting Factor Units at $14.94 each = $74.70. 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997/98 Tax Rolland approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 98/178 ......... ......... ......... ......... . ......................... .......... ......... ._....... ......... ......... ......... _.... ..................._.................................................. .......................................................... ASSESSMENT DIAGRAM OF LU'P 2075-96 Contra Costa County County Service Area 'L-1'00 Street Ligating District Z "E. 1"=1aa' A = 1727'03" R - 170.00' L = 90'49'00" L - 36.94' R - 50.00' N 00'59'20" E L = 79.25' � N 89'49'43:5' O• o�"tl� ti� to VA L= 34.70' -6-0,0��7/�)` ,1 ro^� 500`29'56"E(R)V s oata'za' w fN 4.50' f AREA 5.88 Acres UI$ I l� 'm = 00'39'57' R = 21956.48' L = 254.62' f S01_a9�48"E{R) ! X0 Ti .1 L �_._._. ft44at;5tf W N . EXP 8 it FOF CAllF CMHA €NG04EERING WM■W ANNEXATION PLAT SHEET 701 9ELMaNT WAY SL'11E A LODGE PROPERTY —1OF 1 PINa(i, 0) 74RNIA 945x{ APN 037-040-016 JOB N0. .. (510) 741-6290 OAKLEY CALIFORNIA 97019 RESOLUTION NO. 981178 _....... .._.._._. ..............._._._ ......... ......... ......... ......... ......... ........ ......... ._....... ......... ......... ..............._. .. ..................................................................................................... ..._._..._.............. On July 15, 1997, as an attachment to Resolution 97/374, 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 1997/98". 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 17, '1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100"). Total Assessmentl ChaMe 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 1997/98. 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. 981 178 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$74.74 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. RESOLUTION NO. 981 17 d i.,• ff Method o,f"Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to June 2, 1998 or you may hand carry your ballot to the Public Hearing on June 2, 1998. 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 Dearing The hearing will be held on Tuesday, June 2, 1998 at 11:00 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. 98/178 C-5 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 037-044-016 Annexation Of: LUP 2075-96 Record Owner: Maurice & Geneva Lodge Address: 1131 Orchid Drive Brentwood, Ca. 94513 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. 981178 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFOR.D, PUBLIC WORKS DIRECTOR DATE: APRIL 14, 1998 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, MINOR SUBDIVISION 13-97, ALAMO AREA (WO 5001 ORG# 7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANIS JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in Minor Subdivision 13-97 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for June 2, 1998 at 11:00 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: �JL1 RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF B9ARD ON API 14 Mb APP OVER AS RECOMMENDED X VOTE OF SUPERVISORS X UNANIMOUS(ABSENT y } AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a true and correct SE:]R:cs copy of an action takenand entered on the gAEngsvc\Spdist1Z0\ minutes of the Board of Supervisors on the otig.Div: Pubtie Works(Special Districts) date shown. APR 4 1998 centact: Skip Epperly(313-2253) ATTESTED: T •a• 1 ec: County Administrator - Assessor PHIL BATCHELOR, Clerk of the Board Auditor-Controller Community Development of Supervisors and County Administrator County Counsel 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, MINOR SUBDIVISION 13-97,ALAMO AREA. DATE: APRIL 14, 1998 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 Backeround: 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 Minor Subdivision 13-97 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 April 14,1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, and Rogers NOES: None ABSENT: Supervisor Canciami.11a ABSTAIN: None RESOLUTION NO. 98/179 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 Minor Subdivision 13-97 (the "Development") consisting of two (2) parcels, more specifically described in Exhibit A. 2. On March 15, 1998 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 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 1997/98 (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 tight Program on July 15, 1997. 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 June 2, 1998 at 11:00 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 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. SE:JR: g:%EngSvc\SpDistt.L-9 OORes Oft.Dept.: public Works Department(Special Districts) Contact: Skip Epperly,393.2253 cc: County Administrator I hereby certify that this is a true and correct Assessor copy of an action taken and entered on the Auditor-Controlter Community Development minutes of the Board of Supervisors on the County Counsel date shown. APR 14 1998 ATTESTED: PHIL BATCHELOR,'Cierk of the Board of Supervisors and Coilmy Administrator By �`*Ad&A rats? Deputy RESOLUTION NO. 98! 179 ......... ....._... ....._._. ... ... .._...... ......... ......... ......... ......... .._...... ...... .................................. ......... ......... ......... ......_. . . . .. .............................................................................................................. ........................................ EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List PAe411 A4- a''r's` ' rcel` t�rrber Ener N"', lAdclrez Michael Jeha A 188-380-008 3089 Sandstone Road Alamo, CA 94507 Michael Jeha B 188-360-008 3089 Sandstone 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. One (1) Street Lighting Factor Per Parcel. RESOLUTION NO. 981 179 ......... ......... ....._... . ............ .......... ......... ......... ......... .._........_.__.. .. ..................................................................................................................._............______.. .......................................................................................................... ....................................... EXHIBIT B ADDENDUM TO THE FINAL ENGIN'EER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997/98 RESOLUTION NO. 98/179 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Minor Subdivision 13-97 -WO ecr' 'a�l " deripionact�r inrt:; Pr�� sl A 188-360-008 0.2133 Hectares 1 $14.94 B 188-360-008 0.2080 Hectares 1 $14.94 Flurdif1 Bs[ street Tfat �` 1> Farb llri Lira#: Isigttirg Churg 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $29.88 2.00 Annexabon New CSA L-100 $14.94 $618,331.66 41,384.50 Totals Notes: 1) Two (2) Street Lighting Factor Units at $14.94 each = $29.88. 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997/98 Tax Rol and approved by the Beard of Supervisors on July 15, 1997. RESOLUTION NO. 981 179 ......... ......... ......... ......... ......... ......... ........ . ....... .............. ......... ......... ......... ..__..... ......... ......... ......... ......... ...._.._.. . _. ......... ......... . ........ ......... ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-1'00 Street Lighting district KR6AX dYLJANE dMLiYM L4�dK 61DWH dMOY.N.Y" � h mw"ARM 40" � x11 Lexnta L"m � E � A t—, W 1• a ©JABL a WSTA 67.2BYJ3'Lr_,A 1 wv°o /sd27' I -- _. �ICMM1'L'IWY I sLY��avv c s.Eaalr A E I 2646 Uf44W LAME � 1iNanas6n rNro . 2g'R Q M• g•12 A; N87'c6Y73'L' ! aavEiwr Aw N \ + \ Z � � 'MMY I f � LEM'RS 1101r/€k d 61iPLEYA! ({ x3g LLNNIk LANr 1603 tY02L0 MTA 4��� 777777 �I �• a /root AA:A JBdB7� `1Ef CA&M "LA AYrJaw M g ANgY.E (( EX/S rMv 1(L q N, 26P 444404 LMB r 2d g� f7AS7EY;-WEJ 1 9 PA7W-4 r 2666 LLNWM LAS!' RESOLUTION NO. 98/ 179 G e On July 15, 1997, as an attachment to Resolution 97/374, 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 1997/93". 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 17, 11979. 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 AssessmonV 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 9997/98. Methodology for Calculating Street Lighting Assessments The "benefit received" is based on a sliding scale of 9 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) unforeen 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. 98/ 179 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-1 OQ Lighting District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the street lighting within the public right of way. The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. How Much is the Assessment? For single family homes,the assessment will be $14.94 per year. The total amount levied by the assessment,with regards to this development is approximately$29.88 per year. Why should you Vote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will this Assessment.Increase in the Future? The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election. What does the Assessment.Fund Allow? The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special benefit received. Essentially,each single family home in the development is allocated the same assessment. An Engineer's Report detailing the method of assessment,budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works,255 Glacier Drive, CA, 94553-4897. RESOLUTION NO. 981 179 Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to June 2, 1998 or you may hand carry your ballot to the Public Hearing on June 2, 1998. 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, June2, 1998 at 11:00 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. 981179 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.; Annexation Of: Minor Subdivision 13-97 Record Owner: Michael Jeha Address: 3089 Sandstone 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$14.94 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 98/ 179 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: APRIL 14, 1998 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, LUP 2013-98, OAKLEY AREA . (WO 5001 ORG#7394) SPECIFIC REQUTEST(S)OR RECOMMENDAnoN(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels into LUP 2013-98 be annexed into County Service Area L-100. 2. FIX.a Public Hearing for June 2, 1998 at 11:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment, and levy the proposed assessment. 3. DIRECT the Public Works Director to mail,by first class mail, a written nonce and ballot to each parcel owner within the development in compliance with Proposition 218. Continued on Attachment:X SIGNATURE: 9 # RECOMMENDATION OF BOARD COMMIT'T'EE APPROVE OTHER SIGNATURE(S): ACTION OF B5TRD ON FR I APPROVED AS RECOMMENDED X VOTE OF SUPERVISORS _ UNANIMOUS(ABSENT V } AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the SEIR:cs date shown, g:lgrpdatalspdist\jr\21$compIdlOOformltup20139$brdord.dou npR 14 1908 Orig.DM Public Works(Special Districts) ATTESTED: v► Contact: Skip Epperly(313-2253) PHIL BATCHELOR., Clerk of the Board cc: CoAdministrator Assessorsessor of Supervisors and Csa my Administrator Auditor-Conlrofiler - Community Development '�By T , .,� ��.�.,Deputy County Counsel 7 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, OAKELY AREA. DATE: APRIL 14, 1998 PAGE: - 2 - 11. 2 -II. Financiallmpact: 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. Ili. 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. Consg9gences of Negative Action: This project will not be in compliance with the Conditions of Approval for LUP 2013-98,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 April 14, 1998, by the fallowing vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, and Rogers NOES: None ABSENT: Supervisor Canciamilla ABSTAIN: None RESOLUTION NO. 98/181 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 2013-98 (the "development") consisting of one (1) parcel, more specifically described in Exhibit A. 2. On March 18, 1998 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area L-190(CSA L-1001). 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 Centra 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 1997/98 (the "Engineer's Report") is attached as Exhibit B. The Engineers 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'15, 1997. Based on its review of the Engineers 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 June 2, 1998 at 11:00 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 attachedto 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 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. SEA: gAgrpdatelapdistyr1219compki 100form11up201398brdord.clot I hereby certify that this is a true and correct Oft.Cont ct: Pub6cWorks SkiDepartment y,313-ialDistricts) co of an action taken and entered on the Contact: Skip Epperty,313-2253 copy cc: County Administrator minutes of the Board of Supervisors on the Assor Auc -C er date shown. 1998Community Development `�*� County Counsel ATTESTED: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator gy ,r� Deputy RESOLUTION NO. 981181 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List A essorP41 NumibQir eMc re s Condo Development Co. A 037-100-038 5151 Port Chicago Hwy Concord, Ca. 94520 **** 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. Five (5) Street Lighting Factors Per Parcel RESOLUTION NO. 98/ 181 EXH'IBI'T B ADDENDUM TO THE FINAL EN'GINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997/98 RESOLUTION NO. 981181 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LUP 2013.98 aro1 �r1 lsejr tt>inacr E# it Fred , Nur `rt; Y1�7198 A 037-100-038 1.42 Hectares 5 $74.70 777 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $74.70 5.00 Annexation New CSA L-100 $14.94 $618,376.48 41,387.50 Totals Notes: 1) Five (5) 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 1997198Tax Roll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 98/ 181 ASSESSMENT DIAGRAM OF LUP 2013-98 Contra Costa County County Service Area L-1'00 Street Lighting District STATE HIGHWAY 4 (476.69')RR5m E w n O O P 'D Ln QpF• \s�1` � . tt) LAcu sv rs +\— 1.42 HECTARES +\— 3.5 ACRES 3 A.P.N. 037-100-038 S89'37'24'E (476.46`)145.225 r� F 71-96-995-56-2-137—m S89'37'24'E I P.O.B. Ir I < C) 0 ' ziCl) I d NO-SI 5 �x tLr 60 $ — OAKLEY ROA© BELLECCI & ASSOCIATES INC. DATE:� 1 LE:1": = IOD' RLE NO.:: PLTSHEET 1 OF 1 CIVIL ENGINEERING—LAND PLANNING—LAND SURVEYING EXHIBIT ��� iB(� PH. (510) 685-4569 E 2290 DIAMOND BLVD., SUITE 100 CONCORD CA. 94520 RESOLUTION NO. 98/ 181 On July 15, 1997 as an attachment to Resolution97/374, the Board of Supervisors adopted the "Final Engineer's Report To The Board of Supervisors For Establishing A Street Ligating Service Charge For Fiscal Year 1997198". That report recommends levying of a street lighting charge as provided in the County Service Area Lava, Government Code sections 25210.1 and following and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on March 17, 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-1;00"). 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 1997198. 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. 98/ 181 _. ._. ......... ......... ......... ......... ......... ......... ........ . 1..11..1 ... ......... .._._.._... ......... ......... ........... ....... ......... ......... ......... ......... ............__. _ _....... ......... ......... ............. . .... ......... . ...............1111........................... 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-140 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 mote? 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. RESOLUTION NO. 98/ 181 ....................................................................................................................................................................... ................................................... Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to June 2, 1998 or you may hand carry your ballot to the Public Hearing on June 2, 1998. 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, June 2, 1998 at 11:00 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. 98/ 181 ................. ............. .......... .......................................................I............I........... ........................................................................................................................................... ............................................................. EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 037-100-038 Annexation Of. LUP 2013-98 Record Owner: Conco Development Company Address: 5151 Port Chicago Highway Concord, Ca. 94520 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. 98/181 .................................... ..................... .......................................................... .......... ...................................................................11......... .....................................