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HomeMy WebLinkAboutMINUTES - 06231998 - C32-C36 _ _........ ....__.. . ................... __. ................................................._.......... ..... __.. . ......... ......... ......... ..... ........__.. _. ...._.. ...__....._._._...... TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 23, 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, SUBDIVISION8174, WALNUT CREEK AREA(WO 5001 ORG#7394) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for an assessment for street lighting on parcels in Subdivision 8174 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for August 11, 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-- se- "1<, _RECOMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 23 1998 APPROVED AS RECOMMENDED . OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is'a true and correct copy of an action taken and entered on the SE:>R:cs minutes of the Board of Supervisors on the g:\Engsvc\SpdistlBOVune\Sub8l74.doc date shown. . Orig.Div: Public Works(Special Districts) . 'JUN 2 3 Contact: Skip Epperly(313-2253) ee: County Administrator PHIL BATCHELOR, C!c:rfc sof the Board Assessor Controller of Supervisors and County Administrator Community Development CountyCounae! Deputy S1 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-IOU, SUBDIVISION 8174, WALNUT CREEK.AREA. DATE: JUNE 23, 1998 PAGE -2 - 11. 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 apposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. IV. Consgquences of Negative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 8174, 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 June 23,1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Ganciamilla, Rogers NOES: Dane ABSENT: None ABSTAIN: None RESOLUTION NO. 981338 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 Subdivision 8174 (the "Development") consisting of three (3) parcel(s), more specifically described in Exhibit A. 2. Can May 5, 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 1997198 (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 August 11, 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:tEngSvctSpDistt.L-10ORes Orig.Dept., public Works Department(Special Districts) I hereby certify that this is a true and correct Contact; Skip Epperly,313-2283 copy of an action taken and entered on the cc; County Administrator Assessor minutes of the Board of Supervisors on the Auditor�Controiler date shown. Community Development JUN is � 1998 County Counsel A rTESTED. PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator BY Deputy Deputy f: 'v RESOLUTION NO. 981 338 _ __. .. . ........................................................................... . ................................... EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List 7:7 777 P t� el Ase s+�r' air+ I N- ber, 1 185-360-0126 Stephen White 2458 Paddock Drive San Ramon, Ca 94583 185-360-027 Stephen White 2 2458 Paddock Drive San Ramon, Ca 94583 3 185-360-028 Stephen White 2458 PaddockDrive San Ramon, Ca' 94583 *** 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 Unit Per Unit. RESOLUTION NO. 98/ 338 EXHIBIT B ADDENDUM TO THE FINAL ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997/98 RESOLUTION NO. 981338 ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-100 Street Lighting District EXHIRIT B a.aa LUCY LrWF pqntm mw 1 x W � a `uc: � � 0 waJvwti a M j ti a j � r au Fj -" eraaxwooa ttaa ' 86-069e94 ArWbft i 3 nor� j W COmmol AREA) 1 I SVBOrM3539 _j 43 I I (725 M 10) 39973 I 1 PUT M AGL"MANY Lf"L#EMll XW NWW MW m IAAVXAO W AAV LX>7/1,1W DIVACT SMWSRW er7c Pre%oared By Luk, Milani & Associates Clvll £nq/neers — Land Planners — Land Surveyors 1466 Endo clrcta — Suit's 7$6 m CVm*ra, Ca6raio 9+i32C1 (955) 664-1100 FOX (925) 686-1255 inn scer�-m ��rrurc a,�o-�e RESOLUTION NO. 98! 338 _....._. ......... ._. . ....... ..........._... .._....... ......... ......... ....... .. _.. ... .. ......... ......... ................ .. ... .................................................................................................... COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Subdivision 8174 t l Aa essc�r': Pref I � x1101 ,n Factor Unit uOnr Am n ; 1 185-360-026 739.59 sm 1 14.94 2 185-360-027 697.68 sm 1 14.94 3 185-360-028 681.69 sm 1 14.94 4 185-360029 879.368 sm 1 14.94 5 185-360-030 930.019 sm 1 14.94 6 185-360-031 771.468 sm 1 14.94 7 185-360-032 684.572 sm 1 14.94 8 185-360033 989.777 sm 1 14.94 9 185-360-034 1,578.232 sm 1 14.94 10 185-360-035 2,125.279 sm 1 14.94 11 B0r °at : Tota{ittlar^a Ftcr � 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $149.40 10.0 Annexation New CSA L-100 $14.94 $618,451.18 41,392.50 Totals Notes: 1) Ten (10) Street Lighting Factor Units at$14.94 each = $149.40. RESOLUTION NO. 981 338 iw Can July 15, 1997, as an attachment to Resolution 971374, 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 Assessment/ Char.a 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 can Each Parcel Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1998/99. 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) 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/ 338 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 $149.40 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. 981 338 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 August 11, 1998 or you may hand carryyour ballot to the Public Hearing on August 11, 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,August 11, 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. 98/3 . EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.. 185-360-026, 135-360-027, 185-360-028, 185-360-429, 185-R360-030, 185-360-031, 185-360-032, 185-360-033, 185-360-034, & 185-360-035 Annexation Of: Subdivision 8174 Record Owner: Stephen W. White Address: 2458 Paddock 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. 981338 TO: BOARD OF SUPERVISORS �w �k^ FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DA'T'E: JUNE 23, 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, SUBDIVISION 7495, OAKLEY AREA (WO 5001 ORG#7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in Subdivision 7495 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for August 11, 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: r RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 2 3 1998 APPROVED AS RECOMMENDED OTHER Y—E OF SUPERVISORS UNANIMOUS{ABSENT ) AYES: NOES: - ABSENT: ABSTAIN: I hereby certify that this Is a true and correct S :J.;cs copy of an action taken and entered on the g:*,ngsvc\Spdist\BOUune\Sub7495.doc minutes of the Board of Supervisors on the (rig.Div: Public Works(Special Districts) date shown. Ceotact: Skip P.pperly(313-2253) JUN �}}k�f cc: County Administrator ATTESTED: -._. JUN -2 {3.,. 9 Assessor Auditor-Controller PHIL. BATCHELOR, Clerk of the Board CountyCou sevelopmaat of Supervisors and County Administrator County Counsel $ c � r�~' — ,,, 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, SUBDIVISION 7495, OAKLEY AREA. DATE: JUNE 23, 1998 PAGE - 2 - 11. Financial Imp 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-104, for continued maintenance and operation of those fixtures. Proposition 218 provides that any new assessment may not be approved if it is apposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 7495, 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 ,lune 23,1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98133-7 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 Subdivision 7495(the "Development") consisting of Eleven (11) parcel(s), more specifically described in Exhibit A. 2. On June 2, 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-104 (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 1997198 (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 August 11, 1998 at 11:00 a.m. in Room 107 of the Boardof Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the 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:1EngSvc\SpDist%.t--100Res Orig.Dept.: public Works Department(Spacial Districts) I hereby certify that this is a true and correct Contact: Skip Epperly,813-2253 copy of an action taken and entered on the cc: County Assessor Administrator minutes of the Board of Supervisors on the Auditor-Controlter date shown. Community Development JUN 2 3 1998 County Counsel ATTESTED. PHIL BATCHELOR, CI€r;< of the Board of Supervisors and County Administrator x By r , L z A< 4 Deputy RESOLUTION NO. 981 337 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List P rbel sse sc t ' r + 1 Nu miber Cir' 0.4 David Mariano 1 041-030-034 2301 Knox Lane Oakley, CA 94561 David Mariano 2 041-030-035 2301 Knox Lane Oakley, CA 94561 David Mariano 3 041-030-036 2301 Knox Lane Oakley, CA 94561 David Mariano 4 041-030-0137 2301 Knox Lane Oakley,CA 94561 David Mariano 5 041-030-038 2301 Knox Lane Oakley, CA 94561 David Mariano 6 041-030-039 2301 Knox Lane Oakley, CA 94561 David Mariano 7 041-030-040 2301 Knox Lane Oakley, CA 94561 David Mariano 8 041-030-041 2301 Knox Lane Oakley, CA 94561 David Mariano 9 041-030-042 2301 Knox Lane Oakley, CA 94561 David Mariano 10 041-030-043 2301 Knox Lane Oakley, CA 94561 David Mariana 11 041-030-044 2301 Knox Lane Oakley, CA 94561 ****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 Unit Per Parcel RESOLUTION NO. 98/337 _. ....... ......... ......... ...._.. ._ ....... ........_.. ......... ......... ......... .._......................... .. ... ......... ......... ......... ......... .... ..... .... ........................................................................................ C 3Q1 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. 98/ 337 ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-100 Street Lighting District I SUBDIVISI0N 7495 A PORTION Of PARCEL C OF 32 F% 8 CONTRA CWA COUNTY.C LIFOM" !!NN„ OI.�E:NJW3T i 1947 SCN.E: �?'Jaa 9[[i12CCt t A990C1x'[E8.CNC. C9NCOlt9 iE�3 af61�1<ti' '' SDC Lxm J[w— i I PARCEL A PA,PCEZ a #W 3z ru a rrxA /raES Ofi a69 I 9J-OrBr!?Z I � N 9B59'r9W r95181 m(nE) I ABLY 4Mf ; _. _ N 9B`59'r91P 20771r m I Ar' -W d8 i 41n .4S'Ef 2699/#'C1,4RLt5' t Al .�I N BE'S9'rgly M7705 m �` �Y ---- �� I i 1i ar 4W 17 1 SOLIASA'1 9!,00=999 i - CATE �ra u�r LIGIB�S h17fG ♦aQ aor .ax as-ataaw !BELLECCI & ASSOCIATES INC. LE:NO., 9CGG7998 s EEE I is CIVIC. ENG;NEERING-LAND PLANNING-:ANO SURVEYING 2290 DIAMOND BLVD., SUITE 100685-4569 4CONCORD CA, 94520 EXHIBIT g RESOLUTION NO. 98/ 337 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Subdivision 7495 z r 041-030-034 Single Famil Lot 1.0 14.94 041-•030-035 Sin le Family Lot 1.0 14.94 041-030-035 Single Family Lot 10. 14.94 041-030-037 Single Family Lot 1.0 14.94 041-030-038 --Single Family Lot 1.0 14.94 041-030-039 Single Family Lot 1.0 14.94 041-030-040 Sin le Famii Lot 1.0 14.94 041-030-041 Sin le Famil Lot 1.0 14.94 041-030-042 Single Family Lot 1.0 14.94 041-030-043 Sin ie Family Lot 1.0 14.94 041-030-044 Single Family Lot 1.0 14.94 Fund T; a Bill O �c # + t.. TO1 nIl It� . ns 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $164.34 11.00 Annexation New GSA L-100 $14.94 $618,466,12 41,393.50 Totals Notes: 1) Eleven (11) Street Lighting Factor Units at $14.94 each = $ 164.34. 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997/98 Tax Roll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 98/337 On July 15, 1997, as an attachment to Resolution 97/374, the Board of Supervisors adopted the"Final Engineer's Deport 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, 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 Peel Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1998/99. 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. 981 337 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 $ 164.34 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. 98,337 C Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra.Costa.County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to August 11, 1998 or you may hand carry your ballot to the Public Hearing on August 11, 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,August 11, 1998 at 11:00 am. 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. 981337 EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 041-030-034, 041-030-035, 041-030-036, 041-030-037, 041-030-038, 041-030-039, 041-030-040, 041-030-041, 041-030-042, 041-030-043, & 041-030-044 Annexation Of. Subdivision 7495 Record Owner: David Mariano Address: 2301 Knox Lane Oakley, CA 94581 Yes, l approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. No, l 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. 98l 337 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR. DATE: TUNE 23, 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 9-97, WALNUT CREEK AREA(WO 5001 ORG#7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in Miner Subdivision 9-97 to be annexed into County Service Area L-100. 2. FIX a Public Dearing for August 11, 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. lr # A) Continued on Attachment:X SIGNATURE?°--' F r RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JUN 2 3 1998 APPROVED AS RECOMMENDED OTHER VC,ZTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct SE:)}Y:cs copy of an action taken and entered on the :t:%Engsvc,\sp}ist#BovuneNMS9-97.doe minutes of the Board of Supervisors on the Or}g.Div: Public works(Special Districts) date shown. Contact: Skip,Epper}y(313-2253) cc: County Adminisrator ATTESTED: V:t ! d 1 9 98 Assessar Auditor-Contra}}er PHIL BATCHELOR, Clark of the Board Community Development of Supervisors and County Administrator County Couture} ? 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 9-97,WALNUT CREEK AREA. DATE: JUNE 23, 1998 PAGE - 2- IL Financial Imp 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 Beard 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 9-97,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 June 23,1998, by the following vote: AYES: Supervisors tlilkema, Gerber, DeSaul.nier, Canci.amilla, Rogers NOES: None ABSENT: Done ABSTAIN: None RESOLUTION NO. 98/3a 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 9-97 (the "Development") consisting of two (2) parcels, more specifically described in Exhibit A. 2. Can May 13, 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 Cade. 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 August 11, 1998 at 11.00 a.m. in Room 107 of the Boardof Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the 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 Warks Department, acting as the designated director, has concluded that the.Engineers 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: gAEngSvtiSpDistt.C-100Res ort$.Dept.: Public Wo*s Department(Special Districts) I hereby Certify that this Is a true and correct Contact: Skip EPpwy.313-2253 copy of an action taken and entered on the oe: sAdmtrdstratar Assessor minutes of the Board of Supervisors on the Auditor-Controller date Shown. Community Development i1i}ct c3 } {}�y County Counsel ATTESTED: JUN 2 3 98 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By F< ¢. , M7£ ry Deputy RESOLUTION NO. 981336 �Y �C EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List 77,777 7777 777", + rrOiJ �mrere 1 180-310-049 Albert F. Kutchins 4300 Walnut Blvd. Walnut Creek, CA 94596 2 180-310-050 Albert F. Kutchins 4300 Walnut Blvd. Walnut Creek, CA 94596 ***` 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 Unit Per Parcel RESOLUTION NO. 98/ 336 EXHIBIT B ADDENDUM TO THE FINAL ENGI'NEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING A STREET LIGHTING SERVICE CHARGE FOR FISCAL YEAR 1997/98 RESOLUTION NO. 98/ 336 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Minor Subdivision 9-97 iNurtl � Ash 1 through 4 180-310-049 .089 Hectares/ 1 Each $14.94 Per Parcel 180-049-050 1.4579 Acres 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $59.76 4.00 Annexation New CSA L-100 $14.94 $618,361.54 41,386.50 Totals Notes: 1) Four(4) Street Lighting Factor Units at $14.94 each = $ 59.76 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997198 Tax Roti and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 981 336 'fj ASSESSMENT DIAGRAM OF Contra Costa County County Service Area L-100 Street Lighting District s A/ � o^ ' PARCEL A pgfi 31 L.S.M. 22 w� N �6 D=29'45'0 =10' 1'01„ R=46.512/m R=81.726 m '"�JL=24.152 m =14.764 ( 1 ' A.P.N. 180-310-049 n/ BELLECCI & ASSOCIATES INC. DLE NOa: 97020688 SHEEE:NQ{e CML ENGINEERING—LAND PLANNING—LAND SUf2VEYING 2290 DIAMOND BLVD., SUITE 65-4569 00 CONCORD CA. 94520 EXHIBIT B RESOLUTION NO. 98/ 336 On July 15, 1997, as an attachment to Resolution 971374, 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-1011"). 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 1998/99. 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 assts of operating the street Eight system and those costs are apportioned among the various parcels in the County Service Area (CSA) L-100 Lighting District. RESOLUTION NO. 98/ 336 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$14.94 per year. The total amount levied by the assessment,with regards to this development is approximately$ 59.76 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. 98l 336 Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to August 11, 1998 or you may hand carry your ballot to the Public Hearing on August 11, 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 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,August 11, 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. 981336 EXHIBIT D County Service Area L-100 Lighting district Annexation Ballot Assessor's Parcel Nos.: 180-310-049, 180-310-050 Annexation Of: Minor Subdivision 9-97 Record Owner: Albert F Kutchins Address: 4300 Walnut Blvd. Walnut Creek, CA 94596 Yes, I approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date RESOLUTION NO. 98/ 336 TO: BOARD OF SUPERVISORS' FROM: J. MICHAEL WALFOR.D,PUBLIC WORKS DIRECTOR DATE: JUNE 23, 1998 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER.'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 7475,EL SOBRANfTEAREA (WO 5001 ORG#7394) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)T BACKGROUND AND JUSTIFICATION 1. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels in Subdivision 7475 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for August 11, 1998 at 11:00 a.m. in Roam 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment, and levy the proposed assessment. 3. DIRECT the Public Works Director to mail,by first class mail,a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. Continued on Attachment:X SIGNATURE: # o� RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVER AS RECOMMENDER OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1 AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the SE:r :cs minutes of the Board of Supervisors on the g:lEngsvclSpdistlBOUuneNSub7475.doc date shown. AN 2 3>199$ OftDiva Public Warks(Special Districts) Contact: SkipRpperly(313-2253) ATTESTED: er Assessor Administrator AssesPHIL BATCHELOR, Clerk of the Board so Auditor-Contmiler of Supervisors and County Administrator Community Development County Connsol ' s ®y Deputy P`} iJ 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, SUBDIVISION 7475,EL SOBRANTE AREA. DATE. JUNE 23, 1998 PAGE - 2 - 11. 2 -II. F nancial Impact: There will be no financial impact to the County General Fund. All casts will be covered with revenue from the Countywide Street Light District,CSA L-100. III. Reasons for Recommendations and Bae round: 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. Conseguences_of Negative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 7475, 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 June 23,1998, by the following vote: AYES: Supervisors Uilkema, Gerber, UeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 981.335 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 Subdivision 7475 (the "Development") consisting of 35 parcels, more specifically described in Exhibit A. 2. On May 12, 1998 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area -100 (CSA L-100). The County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request. 3. Once the Development is annexed into CSA L-100, the parcels within it will receive a special benefit over and above that received by the general public in the form of lighting services. This service is a "miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the Contra Costa County Code. 4. In order to fund the Extended Service that will be provided to the parcels within the Development, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "assessment" under Article 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 Berard of Supervisors for Establishing A Street Light Service Charge for Fiscal Year 1997198 (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 August 11, 1998 at 11:00 a.m. in Room 107 of the Boardof Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the 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 pretest. 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. 5E:JR: gAEng9vdSpDls#t.t.-100Res I hereby certify that this is a true and correct Oitg.Dept: Public Works Department(Special Districts) copy of an action taken and entered on the Contact: Skip Epperiy,313.2253 minutes of the Board of Supervisors on the cc: CountyA+iministrator Assessor date slloUYrl. t� c 1998 j�} Auditor-ConiraNer 2 3 998 JUN Community Development ATTESTED: County Counsel PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator Ely a' `ra % Deputy RESOLUTION NO. 9813 5 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Poel Edward F. Diggs ��.�.. 1 through 35 435-070701, 435,070,001 820 Karns Avenue#108 435-226-008, 435-226-010 Albany, CA 94706 ****The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent to the Contra Costa County Public Warks Department as they are lavailable. One (1) Street Lighting Factor Unit Per Parcel RESOLUTION NO. 98/ 3-35 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 1997198 RESOLUTION NO. 98! 335 COUNTY SERVICE AREA L-1401 ENGINEER'S REPORT ADDENDUM Subdivision 7475 rl Rum, � ti . t 1 through 35 435-070-001 3.03 Hectares/ 1 Per Parcel $14.94 Per Parcel 435,070,013 7.48 Acres 435-226-008 435-226-010 k 2401 CSA L-100 $14.94 $618,301.78 41,382.50 Proposed CSA L-100 $14.94 $164.34 11.00 Annexation New CSA L-100 $14.94 $618,466,12 41,393.50 Totals Notes: 1) 35 Street Lighting Factor Units at$14.94 each = $ 522.90 2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1997/98 Tax Roll and approved by the Board of Supervisors on July 15, 1997. RESOLUTION NO. 98/335 ASS'ESSME'NT DIAGRAM OF Contra Costa County County Service Area L.-100 Street Lighting District „-,..}JJ'T,„ n '�. 1f ,1 ext , , •,,,t ,fav = .t' ANNMTION FLAT FOR SUBDIVISION 74'75 .Y,ya can'a'2?�',;+9 sT } ..; i ��F✓,AA'�Et-�F+G� d "ib..r:G.. _ wt of rxatct+�"t 'it'd€ EDBERT C. TR4Ci:EY "\,N'#rdN 2 1.roVDi .. S g _ gi �i Mi D^;e•e!'ea'#:!<.�af _ o�i ..-s'1Y'"` H" gL t7MRA U4 GV Cm Pfamm f R,DR Hr yin" A a>SAN PABL0 ;fir 040 Rr OB faBA'It W!tA a#3 T#-% } { l Wr;•dz'zr-W rndrr Jsa� LEGEND B£Apmas Aaf tA3f8 ax crL✓oRMA cbbpdwDx>f 1 ? —,It d..r..b.—, SYftCN StlNC R R.3 tb rgAO)Od•Sa'S8'C•a AJ RB,Ji pAl.S SIF 01~1.CauNir rR[CIfL tM'E M SAM 'L` .wDKf r[J 3100k1X2NT tt+BF J[i sMixr�t • a ✓s Jt3 ROVAD RB,C OR R[-Rep O4DJA'Wdt:RIII bWtIrA—I!DNMfitEW-oYlD TjaR R—CP All p-tdai:- f8 VNtt83 bYr••RWr3[NDY[D tl aqK tf5 5LT RF-BU A L t3 tDBa '! �{P 3 A8t DR � MDir Y[S fXt5 rAa5 f8x�#OMMtFNt pT£ R3A'AG KAfimBd BfAMf FRAY LRDRp „ ���1 8t M w.>IRAS m NNWB£R 8£Tlrtt MDN�W£Nr5 D-ttl t tl'tT.NYD'OY#n-•' Mp[LYLB NDa RMf 5 AP ISSr Sa ORIUI ,a paMA 8 ArAPIAI I Tb MONVVKNT Tat 44WLr1�5 RABtAi BfrRm iE t BDU V�aY LWKs BWYN aN REtDaD OE X1CMa-Y. t1 e� i ` E r NVD WpILAT£5 FAST BAY 3kM'tWAL 4YKlYti DiJYR2r L g N yi kP'LpADBD DT/DiJBL AM 6CCEP 1db BR t CWD MiNKATCCF thi, - RV AYDKArLS fW1 rCib�'JTxµr,TY 45rtWATFR WSipMi TMEfSk YWURRVFF rlap M>AaV}R,'N[TTSkr'tr'Ia ti$f'L ANb TNL SM ft aWf9f.71 LAS NWED ' aa`pb'T!' t ;'f N OW APN 435-070-001& 013 AN 435-226-008&010 J>dttdlAt AWAWO �� l�PNFtY A8886A Ttt 2+� 7F:RCgjME( ICY Mm•tl'!V' SC' SoF7 ,s'.�,f,WMCji-0�F,� dIY.P�dR[�A SSi � R CX / 9aaf oa ari lea � ' ��rIr( a:$1r MlB•pfti Vr&i S ilk 8d! ,rR�r •q. MYAO iaY7Ya[M01Y4L ti I Pram► W AL y Nt<'r.'ae'r II{i, ,aT rs r Cb uTYN G3P }dr L� Nd 4!'P W D.M•Yl'OY"t T) Ad R �t w CE y 4•JJ SS lAD apl �I'Yae<1 _ Al .�y'�Jb ey os ! r p,l P`�u ht 1ul o°Nvf, '<R n.;ae wxs orer'iNro•Pa'Ja'rr <.TJ ` �n Tr.oR uD jn !rf k.>. r S n.JaNpY nam q=r Tnt' R �r�J�Y aeon' IJBr51'pr _ rrb eat �a�Ia 5� __ OF L AND %TrBr ax ar:om oR<rp Zi wNY a', osh. .z T D pDamaatwE<Ats'LKrrmBnNMch^ErrtodNltUAf E 7 ns dNiA•aaIs 1.,$0—ft rrVF[oTa BL•WAWNR£ARai[NxhKr ATLYtlf6at1ai Rpr'pitxRLa.rnerzq<ixlfZI,I yYt,ZOAiR a� Ior<ar No o <,�IM If) j1 OP NP dr+• 9*r,I 4a.. 4tl4A t5Yl }y� �p2 nT3 NDRTr+a{l EasYY(boP� Y80pn GS tlr oda Ntt S/ty gJi;lN[3'DDYD Atd1 'O�'~r� w+. ui�r��a na cza Fazr;rr oaoJ Nnp�nBaaJ f+srr �o aaJ N,,xrato_o-WlfYr::prA amRrna D.ar[Asrr RESOLUTION NO. 98! 335 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 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 1998/99. 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. 981335 Y 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 Ballet. Haw Much is the Assessment? For single family homes,the assessment will be$14.94 per year. The total amount levied by the assessment,with regards to this development is approximately$ 522.90 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. Haw 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. 981335 Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department,255 Glacier Drive,Martinez,CA 94553 prior to August 11, 1998 or you may hand carry your ballot to the Public Hearing on August 11, 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,August 11, 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. 981335 EXMIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel NOS.: 435-070-013, 435-070-013 435-226-008, 435-226-010 Annexation Of. Subdivision 7475 Record Owner: Edward F Biggs Address: 820 Kains Avenue, #108 Albany, CA 94706 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/ 335 � YI a T4: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: June 23, 1998' SUBJECT-. Bay Paint Area of Benefit Revision. Project No.: 9676-6P4130. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recom endeA Action: REFER to the Transportation Committee the proposed revision of the Say Point Area of Benefit. FISC July 14, 1998 at 11:00 a.m. for a public hearing to revise the Bay Point Area of Benefit. DIRECT the Public Works Director to give notice of the hearing and file a copy of the Development Program Report for the Say Point Area of Benefit with the Clerk of the Board in accordance with Government Code Sections 66091 and 66484. Continued on Attachment X SIGNATURE: RECOMMENDATION of COUNTY ADMINI TRATQR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURES): ACTION OF BOARD ON .SUN 2 3 19g APPROVER AS RECOMMENDED OTHER VO OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: -- I h reby certify that this is a true and correct Js:ML:eh copy of an. action taken and entered on the JS:ML:eh o rsate41 a2 yPoint. oc minutes of the Beard cit Supervisors on the date shown, 'JUN, 2 orig.Div: Public Works(TIE) ATTESTED: Contact: Martin Lysons(Tel.313-2295) PHIL, BATOHELOR, Clerk of the Board c: PW Accounting L.Chang,Redevelopment G, irXi}G ki 4xt i riCx C�)unty Adminlstrator Bay Point TAG By r , nuty 4 Bay Point Area of Benefit Revision June 23, 9998 Page 2 IL F1'nancial impact: There is no impact to the General Fund. Ill. Reasons for Recommendations and Bak round: The current Area of Benefit fee for commercial development in Bay Point is higher than that of surrounding jurisdictions. Public Warks staff has been working with the Bay Point Traffic Advisory Committee to review the current fee structure for the Bay Point Area of Benefit arra is recommending the fees be revised. The Transportation Committee should review the proposal before the Board of Supervisors holds a hearing to revise the fee ordinance. IV. Consgquences of'Negative Action: Negative action will result in no revision of the Bay Point Area of Benefit.