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HomeMy WebLinkAboutMINUTES - 03142000 - SD.9 TO,: BOARD OF SUPER 3ORS DENNIS M.BARRY,AICP Contra FROM. Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: March 14,2000 SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6, RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF THE FOLLOWING ZONE:ZONE 128,SUBDIVISION#SD817630,OAKLEY AREA. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing an election for Zone 129 in County Service Area P-6. (Resolution No.2000/80) 2. Adopt the Ordinance establishing a fee for Police Service District for SD917630. (Ordinance 2000-08) 3. Direct the County Clerk to conduct the election required by Government Code Section 53978. This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall be held on the earliest date permitted by law. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS The application was approved by the Board of Supervisors on November 24, 1992 with the requirement to establish a Police Service District prior to recordation of the final map. A maximum of 128 lots are allowed. Condition of Approval #10 of Subdivision #SD917630 requires the applicant to agree to vote on whether the development should be placed in a"County Service Area"to augment police services based upon the residential use of the site. The Initial assessment is$200.00 per lot. � r CONTINUED ON ATTACHMENT. YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON � APPROVED AS RECOMMENDED X-4THM VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY X UNANIMOUS(ABSENT t),liq ) OF AN ACTION TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: Contact:Jennifer Patterson—335-1206 ATTESTED '/ J cc: Community Deve4ment Department(CDD) PHIL BATCHELOR,CLERK OF Elections-RoAs Davis THE BOARD OF SUPERVISORS Sheriff-Coroner-Kathy Martin AND CO NTY ADMINISTRATOR County Clerk-Elactkx* Auditor-Controller Assessor BY —,DEPUTY SD917630 df Board of Superv. rs or the dateshown. ATTESTED: r Orlg. Dept:Community Development PHIL BATCHELOR,C erk of the Board cc: County Counsel of Supervisors and CountyAdministratgr Elections - Roxie Davis Sheriff-Coroner, Kathy Martin Rv4=���e ,beputy Auditor-Controller Assessor df RESOLUTION NO. 2000/80 Resolution#2000/80 Subdivision#917630 ' Zone#129 "Exhibit A" ANNEXATION OF POLICE SERVICE DISTRICT REAL PROPERTY SITUATE IN THE CITY OF OAKLEY COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH 32 OF THE NORTH%OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SECTION 35,TOWNSHIP 2 NORTH,RANGE 2 EAST,MOUNT DIABLO BASIN MERIDIAN;THENCE ALONG THE EAST LINE OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SAID SECTION 35,SOUTH 00041'43"WEST 332.86 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE 432.54 FEET;THENCE NORTH 89°04'52"WEST 135.36 FEET;THENCE SOUTH 00°45'08"WEST 191.17 FEET;THENCE SOUTH 89024'12"EAST 135.25 FEET TO SAID EAST LINE;THENCE ALONG SAID EAST LINE SOUTH 00041'03"WEST 343.89 FEET;THENCE ALONG A LINE PARALLEL WITH AND 22.50 FEET DISTANT TO THE SOUTH LINE OF THE SOUTHWEST la OF THE NORTHWEST V4 OF SAID SECTION 35,NORTH 8922'39"WEST 657.65 FEET;THENCE ALONG,A LINE PARALLEL WITH THE WEST LINE OF THE NORTHWEST V4 OF SAID SECTION 35,NORTH 00042'52"EAST 301.50 FEET;THENCE ALONG A LINE PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/a OF THE NORTHWEST 1/4 OF SAID SECTION 35,NORTH 89022'39"WEST 637.50 FEET;THENCE ALONG A LINE PARALLEL WITH AND 22.50 FEET DISTANT TO THE WEST LINE OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SAID SECTION 35,NORTH 00°42'52"EAST 663.02 FEET;THENCE SOUTH 8912'56"EAST 1296.33 FEET TO THE POINT OF BEGINNING. CONTAINING 23.7 ACRES MORE OR LESS END OF DESCRIPTION LAS S ,,tio�•Y' � �L PREPARED UNDER THE SUPERVISION OF ' ltitb,G#DI?8 EXP. 12.31-20100 DAVID F.YARRINGTON P.L.S.5996 EXPIRES 12-31-2000 CAL.�� P:1SDSK\PROJIHALP0013\Legal2.dac ,., Resolution#2800/80 APs-LAA , Subdivision#917630 F YAA�gj �py Zone#129 P.O.C. "Exhibit Bis v� O fir. 12-31.2000 OR rry SEC SEC SCHURZ PROPERT7 36 35 P.O.B. S89'12'56' E 1296.33' 1 � 1 23.7 Acres � U') C14 u7 o OWNERS. DWIGHT & CARLA MEADOWS C'4 EDWARD MC KINNEY GEORGE W. MC KINNEY cin BARBARA J. CAVALLI _ z N89'04'5,2"W 135.36' SOO*45'08"W F IUBDIM ON 8185 ' r N89'22'39"W 637.50' S89`24'12"E MNCKINNEX. E1'. N.. 135.25' M , CD SERIES NO, 99-0009955 uy 0 'I oo CD I� 01re) 1 Z 1 (n 1 N89'22'39"W 657.65' 1/4 CORNER CARPENTER ROAD � DAVID EVANS AND EXHIBIT "B DRAWN BY: JMKA GATE: 02J07J00 ASSOCIATES, INC. FLAT TO ACCOMPANY LEGAL DESCRIPTION N CKE Y: SCALE: 1"=200' 5000 EXECUTIVE PARKWAY. ANNJMA770N MR POUCH SFJ?WCE DISTRICT SUITE 125 JOB NO. REF, SAN RAMON, CALIFORNIA HAL 013 ' 94583 DWG. LO TEL: (925) 867-•3380,FAX: (925) 867-3388 OAKLEY CONTRA COSTA COUNTY CALIFORNIA P: SDS K PROJ IUd.P0013 LGL21400 ORDINANCE NO. 2000-08 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 129 County Service Area No. P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. RCT POS , AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone 129 of Contra Costa County Service Area No. P- 6 in order to augment funding for police protection. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance) , as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTT _LF, TT, D ETNTTTON4. The following definitions shall apply throughout this Ordinance: 1. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 129 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 2000-08 I 2. "Fiscal year" means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 129 (hereinafter called "Zone") means that portion of the unincor- porated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4. "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTTME TTT. AMOUNT AND .j.FVF. . QF TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. Vnr First Fi nnaly _ar; The tax per year for the first fiscal year (July 1, 2001 through June 30, 2007) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO. 2000-08 B. For Suhn&QuPnt Flanal gra: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current For First X for April of Immediately Fiscal Year Fiscal Year Pr�r_►q Fiscal Year) (Consumer Price Index for First Fiscal Year of Levy) Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Sheriff- Coroner of the County of Contra Costa at Martinez, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTTrT, TV. COT T.FCTTON ANn AnMTNTSTRArriTnN. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 2000-08 c3 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsis- tent with this ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsis- tent with this ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancella- tions, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3. Costs of Administration by County. The reasonable costs incurred by the County officers collect- ing and administering this tax shall be deducted from the collected taxes. ARTT _ V it_ SUPRART7,TTy rMA TS . If any article, section, subsection, sentence, phrase of clause of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this ordinance, including each article, section, subsection, sentence phrase or clause, irrespec- tive of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE MMI. F.FEECTIME DATE. This ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held May 16, 2000iso that taxes shall first be collected hereunder for the tax year beginning July 1, 2nni . -4- ORDINANCE No. 2000-08 SW � �1 PASSED AND ADOPTED at a regular meeting of the. Board of Supervisors, County of Contra Costa, State of California, on March 14, 2000 by the fallowing vote: AYES: SUPERVISORS =GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA and GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PML BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: zlo'r��czz� eputy Board Chai VJW.df df4ivjw\ord\csap6 ORDINANCE NO. 2000--08 Ordinance#2000-08 Subdivision #917630 `% Zone#129 Zo "Exhibit A" +' ANNE ►►?i t OF POLICE RVICE wS ICT REAL PROPERTY SITUATE IN THE CITY OF OAKLEY COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH%OF THE NORTH%OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SECTION 35,TOWNSHIP 2 NORTH,RANGE 2 EAST,MOUNT DIABLO BASIN MERIDIAN;THENCE ALONG THE EAST LINE OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SAID SECTION 35,SOUTH 00047'03"WEST 332.56 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EAST LINE 432.54 FEET;THENCE NORTH 89004'52"WEST 135.36 FEET;THENCE SOUTH 00°45'08"WEST 191.17 FEET;THENCE SOUTH 89°24'12"EAST 135.25 FEET TO SAID EAST LINE;THENCE ALONG SAID EAST LINE SOUTH 0047'03"WEST 343.89 FEET;THENCE ALONG A LINE PARALLEL WITH AND 22.50 FEET DISTANT TO THE SOUTH LINE OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SAID SECTION 35,NORTH 89022'39"WEST 657.65 FEET;THENCE ALONG:A LINE PARALLEL WITH THE WEST LINE OF THE NORTHWEST V4 OF SAID SECTION 35,NORTH 00'42'52"EAST 307.50 FEET;THENCE ALONG A LINE PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SAM SECTION 35,NORTH 89°22'39"WEST 637.50 FEET;THENCE ALONG A LINE PARALLEL WITH AND 22.50 FEET DISTANT TO THE WEST LINE OF THE SOUTHWEST V4 OF THE NORTHWEST V4 OF SAID SECTION 35,NORTH 00°42'52"'EAST 663.02 FEET;THENCE SOUTH 89°22'56"EAST 1296.33 FEET TO THE POINT OF BEGINNING. CONTAINING 23.7 ACRES MORE OR LESS END OF DESCRIPTION �O PL LA PREPARED UNDER THE SUPERVISION OF I 7�rExp. 12-31-2000 � DAVID F.YARRINGTON P.L.S.5996 Ofi EXPIRES 12-31-2000 Ca4� P:\SDSK\PROAHALP0013\Lepl2.doc Ordinance#2000-08 llk LA Subdivision#917630 , 4 `°, ir•Y �'°S'� Zone#129 !/ P.O.C. o "Exhibit R" No.sm Exp. 12-31.2000 � } CO cv $ M SEC s SEC SCHURY PROPf.RN 36 35 P.O.B. S89"12'56"E .. 1296.33' m I m r 23.7 AcresLU U r- Ci ,o ON OWNERS. DWIGHT & CARLA MEADOWSi►� , ^V4 EDWARD MC KINNEY 0r V j (D GEORE W. MC KINNEY v BARBARA J. CAVALLI z r N89`04'52"W r r 135.36' r 500'45'08"W 191.17' N89"3239"W 637.50' S89"24'12"E 3 t►lttiNNL+1t. C1: AL N� . 135.25' BERMS NO. 99-0099115 .n � co �rM ori 04 7-1 cr7 N89"2239"W ...r r_. l 657.65' 1,14 CORNER CARPENTER ROAD � DAVID EVANS AND EMBIT "'B" DRAWN : JI�KA ATE /07/00 ASSOCIATES, INC. PLAT TO ACCOMPANY LEGAL DESCRIPTION cREUE15 BY: 7t� ' 1"=200' $000 EXECUTIVE PARI{WAY, ANNSXAT7t11V FOR f'{tt1L'8 S�iitlG"15 DISt2tCT SUITE 125 JOB NO. REF. SAN RAMON, CALIFORNIA HAP 01 94583 TEL: (925) 867-3380,FAX: (925) 867-3388 OAKLEY CONTRA COSTA COUNTY CALIFORNIA WG. L P: SDSK PROD K4?0013 LGL21400 • 1p .163 it rA Iris 40 A �. f. . .. ,L OR CL Z, , . go '� r�" Bsx.r,�y • +" rbc Y iT ` ��,,"" � �r �9�' yam✓S,�r 9. yo a us- ,Q 9p 440 ' ..-z Z 8 . tt`' a ,� cr a tom , CR c s tca c n � d ORDINANCE NO. 2000-08 ZONE 129 FOR FISCAL YEAR JULY 1, 2001, THROUGH )UNE 30. 2002 EXHIBIT C PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATIOl PER PARCEL 11 Single Family Residence— 1 residence, 1 site $200 12 Single Family Residence- $200 1 residence, 2 or more sites 13 Single Family Residence- $200 2 residences on 1 or more sites 14 Single Family Residence— $200 other than single family land 15 Misc. Improvements— 1 site $200 16 Misc. Improvements—2 or more sites $200 17 Vacant— 1 site $100 18 Vacant—2 or more sites $100 19 Single Family Residence- $200 Det. w/common area 20 Vacant—Multiple $100 21 Duplex $200 22 Triplex $200 23 Fourplex $200 24 Combination $200 25 Apartments(5-12 units) $400 26 Apartments(13-24 units) $400 27 Apartments(25-59 units) $600 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JANUARY 25, 2000 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, SUB 8153, ALAMO AREA (WO 5001 ORG# 7394) SPECIFIC REQUEST(S)OR REECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in SUB 8153to be annexed into County Service Area L-100. 2. FIX a Public Hearing for March 14, 2000 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 551 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:_&_i SIGNATURE: 4 1^-- ;;� RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ONJanjary 25, M APPROVED AS RECOMMENDED._.OTHER VOTE E OF SUPERVISORS I hereby certify that this is a true and correct copy of an action UNANIMOUS(ABSENT f taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: SE:]R:df \\Pws1\sHARDATA\GrpDsulSpDitt\soerd orders=00\1)anuruy1Lt00 package Sub 8163.doc Orig.Div: Public works(Special Districts) AiiTES�'ED:...Jarluar y 25. 2000 contact: Skip Epparly(313-2253) - cc: county Administrator PHIL BATCHELOR,Clerk of the Board of Supervisors and County Assessor AdminiStr r Auditor-controller Conununity Development County Counsel BY � Deputy SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, SUB 8163, ALAMO AREA DATE: JANUARY 25, 2000 PAGE - 2 - 11. 2 -II. FinancialImpaet: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the Countywide Street Light District, CSA L-100, III. Reasons for Recommendations and Background: The developer is required by Condition of Approval to install street lighting fixtures and annex to the County's street light program, CSA L-100, for continued maintenance and operation of those fixtures. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for SUB 8163, 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 January 25, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCLAMILLA, AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2000/38 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING DISTRICT The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SUB 8163(the "Development") consisting of one parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be six parcels. 2. On December 6, 1999 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area L-100 (CSA L-100). The County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request. 3. Once the Development is annexed into CSA L-100, the parcels within it will receive a special benefit over and above that received by the general public in the form of lighting services. This service is a "miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.406 of the Contra Costa County Code. 4. In order to fund the Extended Service that will be provided to the parcels within the Development, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "assessment" under Article XIIID of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcels within the development. 5. A copy of the "Addendum to the Final Engineer's Report to the Board of Supervisors for Establishing A Street Light Service Charge for Fiscal Year 1999/00 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire service area, the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 13, 1999. Based on its review of the Engineer's Report, the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on March 14, 2000 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice. A copy of the Engineer's Report is on Pile with the Public Works Department. 3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director, has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies the Assessment for the Fiscal year referred to in the Engineer's Report. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: January 25. ZQQQ PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator ByfauwA ,Deputy RESOLUTION NO. 2000/38 EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address Emerald SVLT LLC 1 197-060-001 C/o Silicon Valley 22 S. Santa Cruz Avenue Los Gatos, CA 95030 **** The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent to the Contra Costa County Public Works Department as they are available. 1.0 Street Lighting Factors/Parcel. RESOLUTION NO. 200/38 EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2000/01 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article XIIID, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 25210.1 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer, registered in the State of California. Dated: /�' By: Heather Ballenger Assistant Public Works Director RCE No. 41746 RESOLUTION NO. 2000/38 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM SUE 8163 Parcel Assessor's Parcel Description Factor'Unit Proposed Number Assessment FY 99/00 1 197-060-001 Single Family 1.0/Parcel $14.94/Parcel 2 197-060-001 Single Family 1.0/Parcel $14.94/Parcel 3 197-060-001 Single Family 1.0/Parcel $14.94/Parcel 4 197-060-001 Single Family 1.0/Parcel $14.94/Parcel 5 197-060-001 Single Family 1.0/Parcel $14.94/Parcel 6 197-060-001 Single Family I 1.0/Parcel $14.94/Parcel Funs! Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $625,696.56 41877.50 Proposed CSA L-100 $14.94 $89.64 6.00 Annexation New CSA L-100 $14.94 $625,786.20 41883.5 Totals Notes: 1)6 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 1999/00 Tax Roll and approved by the Board of Supervisors on July 13, 1999. RESOLUTION NO. 2000/.38 ASSESSMENT DIAGRAM OF SUS 8163 Contra Costa County County Service Area L-100 Street Lighting District r W VESsta�� F. u 1.631 HCG. t N�2 5 ; or CA0 � 'vr OGG+AlNrIV(� DL MV MLLE a�L Jr� EXHIBIT "B" OeBolt Civil Engineering iF PLAT TO ACCOMPANY eat sen?am valley bulanro LEGAL, DESCRIPTION V Danville: attramta toes is t 6.1m ' RESOLUTION NO. 2000/38 On July 13, 1999, as an attachment to Resolution 99/323, the Board of Supervisors adopted the "Final Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 1999/00". That report recommends levying of a street lighting charge as provided in the County Service Area Law, Government Code sections 25210.1, and following and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100"). Total Assessment/ Charge On CSS L-100 In the event that the proposed assessment is levied, the total amount chargeable to CSA L-100 will be $14.94 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $14.94 in Fiscal Year 2000/2001. Methodology for Calculating Street Lightina 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. 2000/38 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$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 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 February 28,2000 or you may hand carry your ballot to the Public Hearing on March 14,2000. 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, March 14, 2000 at 9:00 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street,Martinez,CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing, the Board will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. RESOLUTION NO. 2000/38 EXHIBIT D County Service Area L-100 Lighting District Annexation Be!/o# Assessor's Parcel Nos.: 197-060-001 Annexation Of: SUB 8163 Record Owner: Emerald SVLT LLC Address: c/o Silicon Valley 22 S. Santa Cruz Avenue Los Gatos, CA 95030 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. 2000/38 01/10/00 NON 16:07 FAX 925 313 2333 CCC PUBLIC WORKS COB Q004 ** CAL AGENDA ITEM �* REQUEST TO PLACE AN ITEM ON THE BOARD OF SUPERVISORS=AGENDA do NOT use this farm for Planning Hearings TO: CLERK OF THE BOARD OF SUPERVISORS FROM: PUBLIC WORKS DEPARTMENT. Special Districts DIVISION STAFF MEMBER TO CONTACT FOR ADDITIONAL INFORMATION: (name) in EMily (extension)_ 313-2253 REQUESTED BOARD AGENDA DATE: January 25, 2000 REQUESTED HEARING DATE: March 14, 2000 THIS IS A NOTICED HEARING: YES 13 THERE A CRITICAL DEADLINE FOR BOARD ACTION, AND IF SA, WHAT IS IT: NQ YES DEADLINE DATE. January 25, 20030 SUGGESTED HEARING LANGUAGE: -120 NOI FILL IN THIS SECIION- Wording Famed-k-Clerk,of the SUGGESTED AGENDA LANGUAGE: ADOPT Engmeer'a Report for street lighting chwges,'i7l'X Mareh 14,21100 at 9:00 a.m.for public hearing and DMCT tht Public Works Director to mail ballots to parcel owners of SUB 8153 in compliance with Proposition 218,Alamo area. THIS ITEM BELONGS IN THE FOLLOWING CATEGORY (check one) _X_ CONSENT: no discussion -no speakers- no opposition PRESENTATION: less than five minutes PRESENTATION: more than five minutes estimated amount of time required: (name of person making presentation) SHORT DISCUSSION: less then five minutes DELIBERATION: more than five minutes estimated amount of time required: We expect the following (check all that are applicable): 01/10/00 NON 16:07 FAX 925 313 2333 CCC PUBLIC WORKS COB Q008 X no department presentation, no outside speakers, and no controversy on the part of Board members a brief(less than 5 minutes) presentation by a Board member to an individual or organization __-- a brief(less than 5 minutes)presentation by an outside organization to the Board a longer(more than 5 minutes) presentation by an outside organization to the Board a brief presentation by CAO or department (1 or 2 minutes) but no or only one outside speaker a brief presentation by CAO or department(1 or 2 minutes)but multiple outside speakers a brief presentation by a Board member and no or only one speaker a lengthy presentation by CAO or department and one or more outside speakers a lengthy presentation by a Beard member or a presentation with multiple speakers a difference of opinion among Board members as to what to do, probably requiring considerable discussion the likelihood that after discussion the item will be put over for a future date for a decision Approved by: Division Deputy Accounting (OWr 2 a-Wow aepw) 01/10/00 BION 16:08 FAX 925 313 2983 CCC MULIC WORKS gas COB W006 HEARING CONEIRMAMM FORK Hearing Date: March 14. 2000 & 9:09 a,m, Name of Perm Phoning to Request Hearing: Digne f&, rro Phone No.: 313-2J70- Hearing ' -2J70Hearing ©ate Confirmed With: .ice &190 of Cleric of the Board Staff on. Agenda Language(how It will read on the calendar): Heng on annual sh t lighting charges for SUB 8163 (Amo area); Tabulate mailed-in ballots; detertnine whedw a majonty pravm exists,and consider ad000n of a resolution dete kung d1wgex,and confirtmttxg final rePolt,approvmg ration aM levying charges on d w tax roll. 2. Anticipated length of the hearing: 5 minutes or less X or more 3. Is it controversial? Ye„ No__.X_ 4. Noticing Requirements: NC Code Section: _MA 5. Publication Requirements: #of times NIA #of days before hearing NIA B. Who is to Publish the Notice? COB bM PWD .,. NCA it is the reaporktbiitty of the depertrnent to wide the appropriate,notice. Some notices etre adopted by Board Resotu ion,the publication rennat be ordered tang the Resolution Is adopted by the Board of Supervisors. 7. 1t pasting of notice is required, who will post? .._NIA 8. if mailing the notice is required, who will provide the clerk with the correct mailing list and labels? � NIA _ 9. When will this °`fisc hearing Item'be listed on the Board ,agenda as a consent item? January 25.