HomeMy WebLinkAboutMINUTES - 03161999 - C23-C26 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORDS DIRECTOR
DATE: MARCH 16, 1999
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNT' SERVICE AREA L-100, ?MINOR. SUBDIVISION 17-98, WALNUT
CREED.AREA (WO 5001 ORG# 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
1. ADOPT the Resolution accepting the attached.Engineer's Report for a lighting assessment on parcels
in Minor Subdivision 17-98 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for May 11, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors'
Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the
proposed assessment, and levy the proposed assessment.
3. DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each parcel
owner within the development in compliance with Proposition 218.
II. Financial lmmpacta
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.
Continued an Attachment:X SIGNATURE: ' b
RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON Ka-rch T6, J999 APPROVED AS RECOMMENDED_X_4NMNN1t_
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
4 hereby certify that this is a true and correct
SE:Mcs copy 01, an action lakeC` and enterad on the
Cr:\G:pData\SpDist\JBoardOrders\March\MS17-98.doe rrinutes of the Board of Supervisors y4isors OI; the
Orig.Div: Public Works(Special Dinricts) date shown,
cotttaer: Sun )
cs: County Administrator .TI'--
T D
Aaassor
PHIL BATCHELOR Clerk cs the Board
Auditor-Controller ew
CommunityDeveiopment of uper�40^, r"ax and 3..+,.e#,,finty,¢aldrnjnis': for
County CounseE �/C
PW Accounting BySd s s -�3+.,, �3'j�s'� 3D3eePLty
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-100
FISCAL YEAR 1998-99
The undersigned, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as
directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article X111D, Section 4,
of the California Constitution,the County Service Area Law(Gov. Code,25210.1 et seq.)and Division 1012 of the
Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in
the State of California.
Dated:
By:
Heather EMIenger—A
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 99/
EXHIBIT B
COUNTY SERVICE AREA L-100
FINAL ENGINEER'S REPORT
ADDENDUM
MINOR SUBDIVISION 22-98
Pr + la Pic+cel ecrl an
ti.
1 367-130-016 202 Sq. Meters/ 1.0 $14.94
21,786 Sq. Feet
2 367-130-016 188 Sq. Meters/ 1.0 $14.94
20,000 Sq. Feet
0 367-130-016 194 Sq. Meters/ 1.0 $14.94
20,893 Sq. Feet
rtd 11-
T VIII � alteet T ►t10 ►II Utl
J VA
2401 CSA L-100 $14.94 $621,991.66 41,632,64
Proposed CSA L-100 $14.94 $44.82' 3.00
Annexation
New CSA L-100 $14.94 $622,036.48' 41,636.64
Totals
Notes:
1) 3.0 Street Lighting Factor Units at$14.94 each = $44.82
2) Total dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1998/99Tax Poll and
approved by the Board of Supervisors on July 14, 1998.
RESOLUTION NO. 99/_
EXHIBIT B
ASSESSMENT DIAGRAM OF MINOR SUBDIVISION 22-98
Contra Costa County
County Service Area L-100 Street Lighting District
r
7,
T
VICX'7� MAP
PARCEL 'c3' PARCEL 'A' '
PARCEL 'C' 21 P.M.25 21 P.M.25
2;P.M.25
rte- t
N 90`060 (03.023 m N $k9 �.01B. >
2T PARCEl: 'C' !
w
Its
PARC EL 'A'�t'
j 81P.M.31 M
n
n ice ;
N 90'00'00-"c 60.940 +.
m7 3
PARCEL 'C' PARCEL '8' E
81P.M.31 81P.M.31
NC SCALE
RESOLUTION No. 9911/21
EXHIBIT B
On July 14, 1998, as an attachment to Resolution 98/356, 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 1998/99". That report recommends levying of a street lighting charge as provided in the
County Service Area Law, Government Code sections 25210.1, and following and in accordance with
Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum
supplements that report by providing support for levying such an assessment on the parcels described
in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100").
Total Assessment/ Charge on CSA L-100
In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be
$14.94 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1999/2000.
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) unforeseen
expenses such as electrical rate increases. The assessment revenue is used to pay for the total casts
of operating the street light system and those costs are apportioned among the various parcels in the
County Service Area (CSA) L-100 Lighting District.
RESOLUTION NO. 99/ 1/
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 21.8 requires a vote on all new assessments and this is why you received this Ballot.
How Much is the Assessment?
For single family homes,the assessment will be$14.94 per year. The total amount levied by the assessment,with regards
to this development is approximately$44.82 per year.
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this Assessment Increase in the Future?
The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election.
What does the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
Mow was my Assessment Calculated?
The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special
benefit received. Essentially,each single family home in the development is allocated the same assessment.An Engineer's
Report detailing the method of assessment,budgets and assessments for each parcel is available for review at the Contra
Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897.
Method o,f'Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or opposition
is 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 May 11, 1999 or you may hand carry your ballot
to the Public Hearing on May 11, 1993. Ballots received after the close of the Public:Hearing cannot be counted. Ballots
are weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment,
are opposed to the assessment,the assessment will not be imposed.
Ballot.Procedures
This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County
Service Area L-100 Lighting District. The ballot 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, May 11, 1999 at 9:00 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street,Martinez,CA 94553. Results of the returned ballots will be announced after the
close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take
action on whether or not to levy the assessments based upon the testimony and ballots received.
RESOLUTION NO. 99/ )1
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's parcel No.: 367-130-016
Annexation of. Minor Subdivision 22-98
Record Owner: Warren & Miriam Deckelman
Address: 120 Via Vaqueros
Martinez, Cts 94553
Yes, l approve of the proposed annual assessment of$14.94 on each of the parcels
identified in this ballot.
No, i do not approve of the proposed annual assessment of$14.94 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99/—//
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 17-98,WALNUT CREEK.AREA.
DATE: MARCH 16, 1999
PAGE - 2 -
111.
2 -1II, Reasons for Recommendations and Background:
The developer is required by Condition of Approval to install street lighting fixtures and annex to the
County's street light program, CSA L-100, for continued maintenance and operation of those fixtures.
Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the
property owners voting on the proposed assessment. The Board Order and Resolution complies with the
requirements for new assessments under Proposition 218.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Minor Subdivision 17-98, 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 March 16, 1999 by the following vote:
AYES: Supervisors Gioia, Uilkema, Gerber, UeSaulnier and Canciamil.la
NOES: None
ABSENT: None
ABSTAIN:None
RESOLUTION NO. 99/-12
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-1003 LIGHTING DISTRICT
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Minor Subdivision 17-98 (the "Development") consisting of two
(2) parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created
from this development will be three (3) parcels.
2. On February 16, 1999, the applicant for the Development submitted a request to the Department
of Public Works for inclusion of the Development into County Service Area L-100 (CSA L-100). The
County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that
request.
3. Cance 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 1998/99" (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 14,
1998. 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.
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.
DATE: March 16, 1999
PAGE -2-
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the"Hearing") on May 11, 1999 at 9:00 a.m. in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the
written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.
A copy of the Engineer's Report is on File with the Public Works Department.
3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the
Hearing, the Board shall consider any objections or protests to the Assessment and certify the
tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A
majority protests exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the
Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the
Ballots shall be weighted according to the proportional financial obligation of the affected property.
4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's
Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa
County Public Works Department, acting as the designated director, has concluded that the Engineer's
Report conforms to the official assessment roll for the year in which the assessment will be collected
and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies
the Assessment for the Fiscal year referred to in the Engineer's Report.
I hereby or:rfify that this: is a true and correct
copy of an action. lakon and entered or the
minutes of the Board of Supervisors or, the
date shown. � f
AT TESTED:
PHL BATCHE1.019, #` othe Board
os Superv*o s a. a County Administrator
By � _ Deputy
RESOLUTION NO. 991
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Pttx+ t A ,$ss �r's Pare Nurser Ownet"' IiMiliAdd
r
DeNova Homes Inc.
1 140-092-023 1849 Clayton Road
` Concord CA 94520
E DeNova Homes, Inc.
2 140-092-024 1849 Clayton Road
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.
One (1) Street Lighting Factor/Unit.
RESOLUTION NO. 991
EXHIBIT E
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-'100
FISCAL YEAR 1998-99
The undersigned, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as
directed by the Contra Costa County Beard of Supervisors,pursuant to the provisions of Article XIIID, Section 4,
of the California Constitution,the County Service Area Law(Gov. Code,25210.1 et seq.) and Division 1012 of the
Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in
the State of California.
Dated € By: lk� �
Heather Bal engem
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 991 IM
EXHIBIT B
COUNTY SERVICE AREA L-100
FINAL ENGINEER'S REPORT
ADDENDUM
MINOR SUBDIVISION 17-98
r la "A !r' P" e1 a riptt +n l a tc or//611
""
Numb. A �
A 140-092-02!n 1,142.19 Sq. Meters/ 1.0 $14.94
12,290 Sq. Feet
B 140-092-023,024 1,131.51 Sq. Meters/ 1.0 $14.94
12,175 Sq. Feet
C 140-092-023,024 1,445.17 Sq. Meters/ 1.0 $14.94
15,550 Sq. Feet
E d; T it t dt td
r Ute t
Liter A,;'L; tirt�; hard "
2401 CSA L-100 $14.94 $521,991.66 41,632.64
Proposed CSA L-100 $14.94 $44..82 3.00
Annexation
New CSA L-100 $14.94 $622,036.48 41,635.64
Totals
Notes:
1) 3.0 Street Lighting Factor Units at $14.94 each = $44.82
2) Total dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1998/99Tax Roll and
approved by the Board of Supervisors on July 14, 1998.
RESOLUTION NO. 991104
EXHIBIT B
ASSESSMENT DIAGRAM OF MINOR SUBDIVISION 17-98
Contra Costa County
County Service Area L-100 Street Lighting District
f �
1WlLT i'�^+t
DRAMNG SCALE 1:100
�m
:�',6'` .SU6'D/YI.9lL7N X016
85 1r1 31 �
0!7'Y OF WALNUT CREED"
N.1' 4- ,
CONTRA COS7,A COUNTY d
RARCEL D
PARCEL C
9 Pm -'5 `
7 , PS, xo.zsa
PARCEL B h
fI sy
9 PM 45 Ra
Ilk
?ARCE'L B
141 RM B
€ ?ARCSL A 1� i.
9 Phi' 45 �
3 f
LA s Lams WAY
NOT COUNTY MAWTAtNED CCYTRA COS7.A COUNTY
4
N.1'14'5J E. — 33.528m
i. CITY fJF WALJYUr CRE'E'K'
efrlc Dimensions
Distances shown upon this plan ore in METERS
I METER - 3.2808T U.S. SURVEY FEET
RESOLUTION NO. 99/ 104
EXHIBIT B
On July 14, 1998, as an attachment to Resolution 98/356, the Board of Supervisors adapted the "Find
Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For
Fiscal Year 1998/99". That report recommends levying of a street lighting charge as provided in the
County Service Area Law, Government Code sections 25210.1, and following and in accordance with
Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum
supplements that report by providing support for levying such an assessment on the parcels described
in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100").
Total Assessment/Chane on CSA L-'l 00
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 Marcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1999/2000.
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) unforeseen
expenses such as electrical rate increases. The assessment revenue is used to pay for the total casts
of operating the street light system and those costs are apportioned among the various parcels in the
County Service Area (CSA) L-100 Lighting District.
RESOLUTION NO. 99/ 0
ot 0"s
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 parcels)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.
l'1'ow Much is the Assessment?
For single family homes,the assessment will be $1494 per year. The total amount levied by the assessment,with regards
to this development is approximately$44.82 per year.
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this Assessment Increase in the.Future?
The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election.
What does the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
How was my Assessment Calculated?
The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special
benefit received. Essentially, each single family home in the development is allocated the same assessment.An Engineer's
Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra
Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897.
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or opposition
is 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 May 11, 1999 or you may hand carry your ballot
to the Public Hearing on May 11, 1999. Ballots received after the close of the Public Hearing cannot be counted. Ballots
are weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment,
are opposed to the assessment,the assessment will not be imposed.
Ballot.Procedures
This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County
Service Area L-100 Lighting District. The ballot 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, May 11, 1999 at 9:00 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street, Martinez,CA 94553. Results of the returned ballots will be announced after the
close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take
action on whether or not to levy the assessments based upon the testimony and ballots received.
RESOLUTION NO. 99/ laq
EXHIBIT D
County Service Area L-700 Lighting District Annexation
Ballot
Assessor's Parcel No.: 140-092-023,024
Annexation of: Minor Subdivision 17-98
Record Owner: DeNova Humes Inc.
Address: 1849 Clayton Road
Concord, CA 94520
Yes, I approve of the proposed annual assessment of$14.94 on each of the parcels
identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99/ �
C
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MARCH 16, 1999
SUBJECT: ADOPT THE RESOLUTION=ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL, PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-140, SUBDIVISION 6963, OAK.LEYAREA
(WO 5401 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 Subdivision 6963 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for May 11, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors'
Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the
proposed assessment, and levy the proposed assessment.
3. DIRECT the Public Works Director to mail,by first class mail,a written notice and ballot to each parcel
owner within the development in compliance with Proposition 218.
IL 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.
t :
Continued on Attachment:X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
_
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 16, 1998 APPROVED As RECOMMENDED XX 400011%
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:_
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct
SEIR:cs
copy of an ac`son tamer: and oratsrod on the
0:1CnpDeta\spDistysaatdordeiVAlarch�Sub6963.doe rn": sites of the Board of Supervisors on the
f7e2;.Iisv: Public Works(Spa )striots) t8 shown
� � v
Contact: Skip Epperly(313
cc: Court. Administrator ATTESTED:Assessor
Auditor-Controller PHIL BATCHELOR, G,ierk of the Board
County ootmevelopment 0f SLS' 'visors and County Administrator
County Counsel
PW Accounting By, Deputy
SUBJECT: ADOPT RESOLUTION ACCENTING 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 6964, OAKLEY AREA.
DATE: MARCH 16, 1999
PAGE -2 -
III. Reasons for Recommendations and Background:
The developer is required by Condition of Approval to install street lighting fixtures and annex to the
County's street light program, CSA L-100, for continued maintenance and operation of those fixtures.
Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the
property owners voting on the proposed assessment. The Board Order and Resolution complies with the
requirements for new assessments under Proposition 218.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 6963, and an
alternative means to finance public right of way street lighting would have to be found.
e
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 16, 1999 by the following vote:
AYES: Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla
NOES: None
ABSENT: Nene
ABSTAIN: None
RESOLUTION NO. 99/110
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 6963 (the "Development") consisting of two (2)
parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from
this development will be 237 parcels.
2. On February 1, 1999, the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into County Service Area L-100 (CSA L-100). The
County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that
request
3. Once the Development is annexed into CSA L-100, the parcels within it will receive a special benefit
over and above that received by the general public in the form of lighting services. This service is a
"miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the
Contra Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcels within the Development,
it will be necessary to levy a service charge (the "Assessment"). The service charge meets the
requirements of an "assessment" under Article XIIID of the California Constitution because it is
conferred to provide the special benefit, defined above, on the parcels within the development.
5. A copy of the "Addendum to the Final Engineer's Report to the Board of Supervisors for
Establishing A Street Light Service Charge for Fiscal Year 1998199" (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 14,
1998. 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.
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.
]DATE: March 16, 1999
PAGE -2-
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on May 11, 1999 at 9:00 a.m. in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the
written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.
A copy of the Engineer's Report is on File with the Public Works Department.
3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the
Dearing, 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 sof the affected property.
4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's
Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa
County Public Works Department, acting as the designated director, has concluded that the Engineer's
Report conforms to the official assessment roll for the year in which the assessment will be collected
and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies
the Assessment for the Fiscal year referred to in the Engineer's Report.
I herehy ce!-tffy that this is a true and correct
copy of an Faction taken and entered on the
.minutes of the Board of Supervisors on the
date shcawn.
ATTEs'f=D: -
Pf^L BATC"HOL-O , C:erk of the Board
o, Superf�asor and County Administrator
y ,Decay
RESOLUTION NO. 991—//0
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-1001 STREET LIGHTING DISTRICT
Property Owner's List
i
Bi el A s'S' 1' ��� I��' rclo l th"b ��nr�er�
Patricia R. Fraser Trust
1 033-150-012 B Concept 82
1320 North Manzanita Drive
Change, CA 92067
Patricia R. Fraser Trust
2 i 033-030-036
B Concept 82
1320 North Manzanita
Orange, CA 92807
The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers
will be seat to the Contra Costa County Public Works Department as they are available..
One (1) Street Lighting FactorlUnit.
RESOLUTION NO. 99/ J1 0
EXHIBIT B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-1413
FISCAL YEAR 1999-99
The undersigned, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as
directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article XIIID, Section 4,
of the California Constitution,the County Service Area Law(Gov. Code,25210.1 et seq.)and Division 1012 of the
Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in
the State of California.
Dated: B .y" f
J,
Heather Ballenger
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO. 991
EXHIBIT B
COUNTY SERVICE AREA L-100
FINAL ENGINEER'S REPORT
ADDENDUM
SUBDIVISION 6963
AA
1 Through 237 033150-012 Single Family Lots 1.0 Per Unit $14.94 Per Unit
033-030-036
:1=i r d< Ta ltl : Bel tre+�1- Tc�iTl i t Urrlts
D
2401 CSA L-100 $14.94
$621,991.66 41,532.64
Proposed CSA L-100 $14.94 $3,540.78 237.00
Annexation
New GSA L-100 $14.94 $625,532.44 41,859.54
Totals
Notes:
1) 237.00 Street Lighting Factor Units at $14.94 each $3,540.78.
2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1998/99Tax Poll and
approved by the Board of Supervisors on July 14, 1998.
RESOLUTION NO, 99/ fc
EXHIBIT B
ASSESSMENT DIAGRAM OF SUBDIVISION 9963
Centre Costa County
County Service Area L-100 Street Lighting District
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RESOLUTION NO. 99/
EXHIBIT B
On July 14, 1998, as an attachment to Resolution 981358, 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 1998199". That report recommends levying of a street lighting charge as provided in the
County Service Area Law, Government Code sections 25210.1, and following and in accordance with
Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum
supplements that report by providing support for levying such an assessment on the parcels described
in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-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
$14.94 per parcel.
Assessment can Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 199912000.
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) unforeseen
expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs
of operating the street light system and those costs are apportioned among the various parcels in the
County Service Area (CSA) L-100 Lighting District.
RESOLUTION NO. 99f
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$3,540.78 per year,
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this Assessment Increase in the Future?
The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election.
What does the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
How was my Assessment Calculated?
The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special
benefit received. Essentially, each single family home in the development is allocated the same assessment.An Engineer's
Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra
Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897.
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or opposition
is 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 May 11, 1999 or you may hand carry your ballot
to the Public Hearing on May 11, 1999. Ballots received after the close of the Public Hearing cannot be counted. Ballots
are weighted by the amount of assessment that would be paid. If a majority of ballots returned,weighted by their assessment,
are opposed to the assessment,the assessment will not be imposed.
Ballot Procedures
This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County
Service Area L-100 Lighting.District. The ballot maybe used to express either support for or opposition to the proposed
County Service Area L-100 Lighting District within this development. In order to be counted,this ballot must be signed and
dated in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized representative
of the owner. Those executing this ballot on behalf of a corporation,partnership,trust or other entity must also indicate title
or office below the identification of the property owner(e.g.,trustee,president,general partner,etc.) If the property is owned
jointly(e.g., common,joint tenants) one or both property owners may sign the ballot. There is only one ballot for each
property even though the property may have more than one owner. If both owners of the property vote the same,the ballot
counts as one vote. If both owners vote differently,one in support and one opposed,then the votes cancel each other out and
the ballot will have a zero vote.
Public Hearing
The hearing will be held on Tuesday, May 11, 1999 at 9:00 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 Pine Street,Martinez, CA 94553. Results of the returned ballots will be announced after the
close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take
action on whether or not to levy the assessments based upon the testimony and ballots received.
RESOLUTION NO. 99/- //0
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel No.: 033-150-012, 033-030-036
Annexation of: Subdivision 6963
Record Owner: Patricia R. Fraser Trust
Address: S Concept 62
1320 North Manzanita Drive
Grange, CA 92667
Yes, I approve of the proposed annual assessment of$14.94 on each of the parcels
identified in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
RESOLUTION NO. 99/
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
BATE: MARCH 16, 1999
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER LEVY INTI G AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, SUBDIVISION 8145, WALNUT CREEK
AREA (WO 5001 ORG# 7394)
SPECIFIC REQUEST(S)OR RECO_-MME€vDATION(S)&BACKGROUND AND JUSTIFICATION
I, Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels
in subdivision 8145 to be annexed into County Service Area L-100.
2. FIX a Public Hearing for May 11, 1999 at 9:04 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..
II. Financial I pact:
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.
{
Continued on Attachment:X SIGNATURE: p '' "
_RECOMMENDATION OF BOARD COMMITTEE
,e APPROVE OTHER
Z4(SIGNATURE(S): 4f
ACTION OF BOARD ON March 16, APPROVED AS RECOMMENDED X
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT )
AWES: NOES:
ABSENT: ABSTAIN:
€ hereby certify that this is a tale and correct
SMAcopy of an action taker, and entered on the
G:\Cn:osp�a:alSpDsatllBoardOrderslVfarcis\Sub8 F45.doc rn:€ etes of the Board of Supervisors or: the
:\Gi
Date s'7r € .
Orig.Dtvs Pubic Works(Spoc:W Districts) 1
Contact: Skip Hpperiy(313-2253) ATTESTED: d'P
ccs County Administrator
Assessor PHIL BATCHELOR, CierK of ±roc Board
AudCommunity
evel O€ Sup rvisors an, County Aanni $istrator
Community TJevelo�ment ,
County Coanse!
PW Accounting '
tP„ °
Deputy ay
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 8145, WALNUT CREED.AREA.
DATE: MARCH 16, 1999
PAGE - 2 -
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.
IVa Consequences of Ne ative Action.
This project will not be in compliance with the Conditions of Approval for Subdivision 8145, 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 March 16, 1999 by the fallowing vete:
AYES. Supervisors Gioia, Uil.kema, Gerber, DeSauinier and Canciamil.l.a
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 99/11;_
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FLING 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 6145 (the "Development'') consisting of two (2)
parcels, more specifically described in Exhibit A. The ultimate number of parcels to be created from
this development will be six (6) parcels.
2. On February 16, 1999, the applicant for the Development submitted a request to the Department
of Public Works for inclusion of the Development into County Service Area L-100 (CSA L-100). The
County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that
request.
3. Once the Development is annexed into CSA L-100, the parcels within it will receive a special benefit
over and above that received by the general public in the form of lighting services. This service is a
"miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the
Contra Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcels within the Development,
it will be necessary to levy a service charge (the Assessment"). The service charge meets the
requirements of an "assessment" under Article XIIID of the California Constitution because it is
conferred to provide the special benefit, defined above, on the parcels within the development.
5. A copy of the "Addendum to the Final Engineer's Report to the Board of Supervisors for
Establishing A Street Light Service Charge for Fiscal Year 1998199" (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 14,
1998. 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.
SUBJECT: Resolution accepting the Engineer's Report and fixing a public herring to consider levying an assessment
for additional parcels to be annexed to Countywide L-100 Lighting District.
DA'Z'E. March 16, 1999
PAGE -2-
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing„) on May 11, 1999 at 9:00 a.m, in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the
written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each
parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice.
A copy of the Engineer's Report is on File with the Public Works Department,
3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the
Hearing, the Board shall consider any objections or protests to the Assessment and certify the
tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A
majority protests exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the
Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the
Ballots shall be weighted according to the proportional financial obligation of the affected property.
4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's
Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa
County Public Works Department, acting as the designated director, has concluded that the Engineer's
Report conforms to the official assessment roll for the year in which the assessment will be collected
and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies
the Assessment for the Fiscal year referred to in the Engineer's Report.
I hereby certify that this is a true and correct
cosy of an action taker. and ;lured on the
mint tos of the Board of 'Supervisors on the
date snown,
-ATT TED:
HIL B i CHELOR, C;err of the. Board
of SuDervisors awd County AdmWstrator
By- 'Deputy
RESOLUTION NO. 99/ LLI
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's List
Fite A essor�s Faro' 116
Contra Costs County Flood Control District
144-110-XXX 255 Glacier Drive
Martinez CA 94553
Contra Costa County Flood Control District
2 148-291-022 255 Glacier Drive
Martinez, CA 94553
*# *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.
RESOLUTION NO. 99/„i_
EXHIBIT_B
FINAL ENGINEER'S REPORT
STREET LIGHTING SERVICE CHARGE
COUNTY SERVICE AREA L-101
FISCAL YEAR 1998-99
The undersigned,acting on behalf of Contra Costa County,respectfully submits the enclosed.Engineer's Report as
directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of.Article X111D, Section 4,
of the California Constitution,the County Service Area Law(Gov. Code,25210.1 et seq.)and Division 1012 of the
Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in
the State of California,.
Dated. By.
t
Heather B ener
Assistant Public Works Director
RCE No. 41746
RESOLUTION NO, 99/
EXHIBIT B
COUNTY SERVICE AREA L-100
FINAL ENGINEER'S REPORT
ADDENDUM
SUBDIVISION 8145
Ur Its roposs
1 1,394 Sq. Meters/ 1.0 $14.94
15,000 Sq. Feet
2 1,396 Sq. Meters/ 1.0 $14.94
15,020 Sq. Feet
3 1,652 Sq. (Meters/ 1.0 $14.94
17,769 Sq. Feet
4 1,396 Sq. Meters/ 1.0 $14.94
15,016 Sq. Feet
5 1,394 Sq. Meters/ 1.0 $14.94
15,000 Sq. Feet
6 1,714 Sq. Meters/ 1.0 $14.94
18,440 Sq. Feet
F - .fAt1 L1QlR 'l {3' I :i i�'k1RR ' '
L,taral Lid #ii lit +
rr ..
2401 CSA L-100 $14.94 $621,991.66 41,632.64
Proposed CSA L-100 $14.94 $89.64 6.00
Annexation
New CSA L-100 $14.94 $622,081.30 41,638.64
Totals
Notes:
1) 6.0 Street Lighting Factor Units at $14.94 each = $89.64
2) Total Dollars and Factor Units taken from CSA L-100 Final Engineer's Report for the 1998/99Tax Boll and
approved by the Board of Supervisors on July 14, 1998.
RESOLUTION NO. 99/-///
EXHI.BIT B
ASSESSMENT DIAGRAM OF SUBDIVISION 8145
Contra Costa County
County Service Area L-loo Street Lighting District
1 N.37'S7"�"14;
jm"A�caw
ERA WNG SCALE 1:100
Ott' AREA = 1.142-th D-4821'45"(7`)
R-14,15611r
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S UB17f t/ISI L7I�l 2 c`�f,7�
84 lig 35
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Distances shown upon this plan ora in METERS
l METIER - 126081 U.S. 5URvEY F"EE7`
RESOLUTION NO. 99l �/�
EXHIBIT B
On July 14, 1998, as an attachment to Resolution 981356, 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 1998/99". That report recommends levying of a street lighting charge as provided in the
County Service Area Law, Government Code sections 25210.1, and following and in accordance with
Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum
supplements that report by providing support for levying such an assessment on the parcels described
in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100").
Total Assessment! Charge on CSA L-100
In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be
$14.94 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 1999/2000.
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) unforeseen
expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs
of operating the street light system and those costs are apportioned among the various parcels in the
County Service Area (CSA) L-100 Lighting District.
RESOLUTION NO. 991
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.
.Flow 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$89.64 per year.
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this Assessment Increase in the Future?
The Benefit Zone does not intend to increase the assessment,and it cannot be increased without another election.
What does the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way.
How was my Assessment Calculated?
The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special
benefit received. Essentially, each single family home in the development is allocated the same assessment.An Engineer's
Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra
Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners' support or opposition
is 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 May 11, 1999 or you may hand carry your ballot
to the Public Hearing on May 11, 1999. Ballots received after the close of the Public Hearing cannot be counted. Ballots
are weighted by the amount of assessment that would be paid. If 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-140 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, May 11, 1999 at 9:00 a.m. in the Board of Supervisors Chambers, County
Administration Building, 651 fine Street,Martinez, CA 94553. Results of the returned ballots will be announced after the
close of the public testimony portion of this meeting. At this hearing,the Board will take final public testimony and take
action on whether or not to levy the assessments based upon the testimony and ballots received.
RESOLUTION NO. 99/
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel No.: 144-11O-XXX
Annexation of. Subdivision 8145
Record Owner: Contra Costa County Mood Control District
Address 255 Glacier Drive
Martinez, CA 94553
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. 991
EXHIBIT D
County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel No.: 148-291-022
Annexation of: Subdivision 8145
Record Owner: Oscar H. Otterbeck
Address: 1174 Briarwood Way
Walnut Creek, CA 94598
Yes, l 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. 991 l �
4 lWi
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORDS DIRECTOR.
DATE: MARCH 16, 1999
SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING
TO CONSIDER. LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTY SERVICE AREA L-100, MINOR SUBDIVISION 22-98,MARTINEZ
(WO 5001 ORG# 7394)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)aha BACKGROUND AND JUSTIFICATION
1. Recommended Action:
1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on parcels
in Minor Subdivision 2298 to be annexed into County Service Area L-100,
2. FIX a Public Hearing for May 11, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors'
Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the
proposed assessment, and levy the proposed assessment.
3. DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each parcel
owner within the development in compliance with Proposition 218,
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.
Continued on Attachment:X SIGNATtiREe•• Nt--,
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 16, 1999 APPROVED AS RECOMMENDED
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 erterc—,-! the
s iKos rr:inutes of the Board of Supervisor€i on the
G:\GmData\S,oDiatUBosrdOrdera\March\MS22-9H.docdate shown
Orig.Dev: Public Works(Special Districts) ATTESTED: & �
Contact; Skip Epperly(333-2253)
ce: County Administramr PHIL BATCHELOR, Cleric of tl t,, ".;t) rd
Assessor
Auditor-Controller of Supervisors and County Adnlai-iisirator
Commua9ty Development /.,.r9
County Counsel By. C-rsde
Deputy
PW Accounting
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT ANIS FIX A HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED
TO COUNTY SERVICE AREA L-100,MINOR SUBDIVISION 22-98,WALNUT CREED AREA,
DATE. MARCH 16, 1999
PAGE -2 -
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 neva 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 2.18,
IV. Consequences of Negative Action.
This project will not be in compliance with the Conditions of Approval for Minor Subdivision 2298, 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 March 16, 1999 by the following vote:
AYES: Supervisors Gioia, Uilkena, Gerber, DeSaulnier and Cam4 amilla
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 99/112
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 22-98 (the "Development") consisting of one
(1) parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from
this development will be three (3) parcels.
2. On February 9, 1999, the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into County Service Area L-100 (CSA L-100). The
County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that
request.
3. Cance 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 1998/99" (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 14,
1998. 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.
SUBJECT: Resolution accepting;the Engineer's Report and fixing a public hearing to consider le'vying an assessment
for additional parcels to be annexed to Countywide L-100 Lighting District.
DATE: March 16, 1999
PAGE -2-
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on May 11, 1999 at 9:00 a.m, in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
2. The Board directs the Clerk of the Board to immediately provide the Public Warks Director of Contra
Costa County with a copy of this resolution. The Beard 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 Ballets. The Board shall not impose the Assessment if there is a majority protest. A
majority protests exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the
Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the
Ballots shall be weighted according to the proportional financial obligation of the affected property.
4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's
Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa
County Public Works Department, acting as the designated director, has concluded that the Engineer's
Report conforms to the official assessment roll for the year in which the assessment will be collected
and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies
the Assessment for the Fiscal year referred to in the Engineer's Report.
I hereby certify that this is a true and correct
copy of an action taken aar;d entered on the
minutes of the Board of Supervisors on the
date shown,
ATTESTED:
PHIL BATCHELOR "fork of the Board
of Supervisors and County Aft nis.rator
Ey d Z Deputy
RESOLUTION NO. 991 ��,
EXHIBIT A
CONTRA COSTA COUNTY
COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT
Property Owner's Llet
rIeae Per 'of Iunier rr Nr �ltr
Warren & Miriam Deckelman
1 357-130-016 120 Via Vaqueros
Martinez, CA 94553
* 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.
RESOLUTION NO. 99/