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HomeMy WebLinkAboutMINUTES - 05132003 - C15-C17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on MAY 13, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE , i ,' •d e ABSENT: NONE ABSTAIN: NONE DISTRICT IIT SEAT VACANT Resolution No. 2003! 306' SUBJECT: Resolution authorizing a joint public hearing of the Contra Costa County Board of Supervisors and the Redevelopment Agency to consider adoption of the proposed Redevelopment Plan for the Montalvin Manor Redevelopment Project. The Contra Costa County Board of Supervisors RESOLVES THAT: - The Contra Costa County Board of Supervisors (the"Board")has been informed by the Redevelopment Agency of the County of Contra Costa(tate"Agency")that a Redevelopment Plan for the Montaivin Manor Redevelopment Project(the"Plan")and a Report thereon have been prepared. The Report on the Pian includes the Environmental Impact Report for the Project; and The Agency has submitted copies of the Plan and Report on the Pian for its review; and There is a need for a joint public hearing with the Agency to consider the Plan and Report, and to have interested groups and citizens be heard on the Plan and Report. The Board hereby approves the convening of a joint public hearing with the Agency on June 17,2003, at 1:00 p.m. in the County Administration Building,located at 651 Pine Street, Room 107, North Wing, Martinez, California for purposes of considering the Plan and Report thereon. The County Clerk is hereby directed to publish, in cooperation with the Agency,the"Legal Notice-Joint Public Hearing which has been prepared by Agency staff,a copy of which is on file with the County Clerk,not less than once a week for four successive weeks in The Contra Costa Times, a newspaper of general circulation for the County of Contra Costa. The Board hereby directs the County Clerk to cooperate with the Agency in mailing a copy of the Notice. to the last known assessee of each parcel of land in the area designated in the Plan,at the assessee's last known address as shown on the last equalized roll of Contra Costa County. The Board hereby directs the County Clerk to cooperate with the Agency in mailing a copy of the Notice to the occupant of each address in the Project Area. The Board hereby directs the County Clerk to cooperate with the Agency in mailing a copy of the Notice to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area designated in the proposed Plan. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: MAY 13, 2003 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By .Deputy RESOLUTION NO.2003/ 306 Orig.Dept: Redevelopment Agency Contact: Jim Kennedy cc: Director of Community Development County Counsel County Administrator Personalldocu meets\resolution.montaivin ma nor.joint TO:. BOARD OF SUPERVISORS/ ,,, ' Contra REDEVELOPMENT AGENCY �. testa FROM: JOHN SWEETEN, EXECUTIVE DIRECTOR DENNIS BARRY, AICP, ou ntJ' COMMUNITY DEVELOPMENT DIRECTOR •l' 7wf i DATE: May 13, 2003 SUBJECT: Montalvin Manor Redevelopment Project SPECIFIC REQUEST(S)OR RECOMMENDATtON(S)&BACKGROUND AND.JUSWICATtON REC MMEbIOATION: ADOPT the following resolutions: • Resolution of the Redevelopment Agency of the County of Contra Costa authorizing submission of the proposed Redevelopment Plan for the Montalvin Manor Redevelopment Project Area, Report on the Plan, and the Environmental impact Report to the Contra Costa County Planning Commission and the Board of Supervisors. • Resolution of the Redevelopment Agency of the County of Contra Costa authorizing a joint public hearing of the Redevelopment Agency and the Board of Supervisors of the County of Contra Costa to consider the proposed Redevelopment Plan for the Montalvin Manor Redevelopment Project, 40 Resolution of the Board of Supervisors of Contra Costa authorizing a joint public hearing of the Contra Costa County Board of Supervisors and the Redevelopment Agency to consider adoption of the proposed Redevelopment Plan for the Montalvin Manor Redevelopment Project. FINANCIAL IMPACT: None. BACKGROUND: The proposed Montalvin Manor Redevelopment Project Area("Project Area')is located in the unincorporated area west of Contra Costa County (snap attached). Neighboring cities include Richmond and Pinole. The proposed Project Area is predominantly residential with limited revenue generating commercial and industrial uses. The proposed Project Area has experienced an overall physical and economic decline. Without local assistance through the tools of redevelopment, these properties will continue to decline, increasing the existing physical burden on the community and further diminishing the economic viability of the area. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE. 11&'�' RECOMMENDATION OF COUNTY ADMINISTRATOR (] RECOM N ATION III OARD COMM EE [9,APPROV'E [3 OTHER SIGNATUREQ / AC < OF BO � APPROVED ECOMMENDED ❑ OTHER ❑ VOTE OF SUPERVIS I HEREBY CERTIFY THTHIS IS A TRUE AND CORRECT COPY AN ACTION TAKEN AND UNANIMOUS(ABSENT _,._, �. } ENTERED ON T MINUTES OF THE BOARD OF AYES: NOES: SUPERVISO AGENCY ON THE DATE SHOWN. ABSENT: ABSTAIN: A ED Contact: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS/AGENCY SECRETARY cc: CAO County Counsel Community Development By: Deputy Redevelopment Agency Via Redevelopment • RSG Group • oldfa Ipman P ardordars.rda.board.montaiv#nmanor.5.03 exp Requirements for adopting and implementing redevelopment projects are established in the California Community Redevelopment Law("CRL"). As the first step in the adoption process,the Board of Supervisors("Board")and the Contra Costa County Redevelopment Agency ("Agency") designated a survey area to determine whether a redevelopment project within such an area was feasible. Following the designation, the Planning Commission, in cooperation with the Agency, selected a project area comprised of all or part of any survey area and formulated a preliminary plan for the redevelopment of the project area. After the Planning Commission adopted a preliminary plan for the proposed redevelopment project, it was sent to all taxing agencies for their review and comments. The Agency has held three community meetings to provide information about the adoption process,reasons for redevelopment,review documents and answer any questions. The Agency, has prepared a Redevelopment Plan (the "Plan") based on the preliminary plan and the Report on the P Ian (including t he E nvironmental i mpact R eport("EIRV'))f or t he M ontalvin M anor Redevelopment Project. The Plan and Report on the Plan must be submitted to the Board for its review prior to the public hearing and pursuant to California Health & Safety Code Sections 33346, 33347, and 33385, the proposed Plan must first be submitted to the Contra Costa County Planning Commission for its recommendations and report. The Redevelopment director of the Agency is authorized and directed to submit the Plan and Report on the Plan to the Board for:its review prior to the public hearing. Both the Agency and the Board are being asked to consent to and call for a joint public hearing in connection with the Montalvin Manor Redevelopment Plan adoption. Staff is suggesting that the hearing be held at 1:00 p.m. on Tuesday,June 17,2003. The joint public hearing is intended to provide a forum for the receipt of public comment on the development Plan adoption. If written objections are not received prior to or during the joint public hearing,the public hearing may be closed,the Board resolutions adopting the EIR can be adopted,and the Board may introduce and conduct the first reading of the ordinance adopting the Redevelopment by title only. However, if written objections to the Redevelopment Plan are received the public testimony portion of the joint public hearing must be continued to another meeting of the Board of Supervisors. The Agency staff must then prepare written responses to written objections as required by CRL,which will be presented at the next meeting, entered into record and adopted by the Hoard of Supervisors resolution. Section 33364 of the CRL requires that the Redevelopment Plan may only be adopted by the Board after consideration of any written objections and the adoption of the written findings in response to any written objections. PetsonaNmrdorders.rda.board.montai nmanor.5.o3 . THE BOARD OF SUPERVISORS, AS THE BOARD OF DIRECTORS OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Adopted this Resolution on MAY 13, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE RESOLUTION NO. 2003/307 DISTRICT IIT SEAT VACANT Government Code § 25350) SUBJECT: ADOPT Resolution No.20031307 approving Notice of Intention to purchase real property located on Loveridge Road for Fire Station 85. [CP#03-12] Project No. 7038-6X5196 Pittsburg Area The Board of Supervisors of Contra Costa County, as the Board of Directors of the Contra Costa County Fire Protection District, RESOLVES THAT:. It intends to purchase from Uecker and Associates, Inc. as disbursing agent for the reorganized Los Medanos Community Hospital District,the real property described in Exhibit,,A"attached hereto for a fire station site, for the amount of $835,000.00, in accordance with the terms and conditions of the Purchase and Sale Agreement between the Contra Costa County Fire Protection District and the Grantor Uecker and Associates, Inc.,which is a fair and reasonable price therefor. A copy of said agreement is on file in the Public Works Department. This Board Will meet on June 10, 2003, at 9:30 a.m. in the Board's Chambers, County Administration Building, Martinez, California,to consummate this purchase and the Clerk of this Board is DIRECTED to publish the attached notice in the Contra Costa Times pursuant to Government Code Section 6063. CP:eh G:\GrpDstatRea Prop\2ot13-Fiies\80s&REStBR2a station 85.doc Orig.Dept.: Public Works Depart,(lam) i hereby certify that this is a true and correct Contact: Carla Pecchianti(393-2222) copy of an action taken and entered on the cc: County Administrator minutes of the Board of Supervisors on the Auditor-Controller date shown. Grantor Evia RtP) ATTESTED: MAY 13, 2003 P.W.Accounting(via RIP) .JOHN SWEETEN,Clerk of the Board of Senior Board Orders Clerk,Adm. Supervisors and County Administrator By Deputy RESOLUTION NO. 20031 307 ................................................. EXHIBIT"A" LEGAL DESCRIPTION THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, CITY OF PITTSBURG, AND IS DESCRIBED AS FOLLOWS: PARCEL D,AS SHOWN ON PARCEL MAP M.S.NO-1679-916,FILED MAY 29, 1997 IN BOOK 171 OF PARCEL IMPS, PAGE 18, CONTRA COSTA COUNTS RECORDS. A.P.N. 088-161-031 ............................................... EXMI1•"A" LEGAL DESCRUMON THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, CITY OF PITTSBURG, AND IS DESCRIBED AS FOLLOWS. PARCEL D,AS SHOWN ON PARCEL MAP M.S.NO. 679-96,FILED MAY 29, 1997 IN BOOK 171 OF PARCEL MAPS, PAGE 18,CONTRA COSTA COUNTY RECORDS, A.P.N. 088.161-031 ...... PROOF OF PUBLICATION 12015.5 C.C.P.i STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; l am over the age of eighteen years, and not a party to or interestedin the above-entitted matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulations printed and published at 2644 Shadelands Drive in the City of Walnut Creek, County of Contra Costa,94698, And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the data of October 22,1834.Case Number 19764. The notice,of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: May 16,21, 27 all in the year of 2003 l certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, Callfo is, On tV44147 y of. ay 2003 .........SignContTimes P O Walnut Creek,CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published} . . NOTICE 10li 7b AL s The Board of Supervisors Of nes Bits0kytL onn o and A sbciattesm tnG,aatemr qp bce Of$8 5,001,00r of hand located on Loveridge R Pittsburg, California and particularly more in Resolution No.2003/307 of the Board and will meet at"0 a.m. on June 10, 2003, In Its Chamhers, County Adminsitration Building, 651 Pine Street,Martinez, California, to consum- mate the purchase. John Sweeten Clark of the Bof Su ervisors and County Adpininistrator Data:May 13,2003 Depputtyy Sharp Pub IshCMa5y�2fi, 21, 27, 2003 ...................................................................................................................................................I......................................... C TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: May 13, 2003 SUBJECT: ADOPT Resolution No. 2003/308accepting the Engineer's Report and fixing a hearing for July 15, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100,LP 002048, Martinez area. (District H) (WO 5001, ORG. 7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: 1. ADOPT Resolution No. 2003/308 accepting the attached Engineer's Report for a lighting assessment on the parcels in LP 002048 to be annexed into County Service Area(CSA)L-100. 2. FIX a Public Hearing for July 15, 2003 at 9:30 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. hmenh–x TURF! ,-RECOMMENDATION OF COUNTY ADMINISTRAT RECOMMENDATION OF BOARD COMMITTEE :;4PPROVE —OTHER SIGNATURE(S ACTION OFHrON MAY 13, 2003 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of VOTE OF SUPERVISORS Supervisors on the date shown. xx UNANIMOUS(ABSENT NONE AYES: NOES: ATTESTED: MAY 13, 2003 ABSENT: ABSTAIN: JOHN SWEETEN,Clerk of the Board of Supervisors and DISTRICT Ill SEAT VACANT County Administrator G:\GtpData\SpDist\]3oard Orders\2003\05-13-03 BO-LP002048.doc By Orig.Div:Public Works(Special Districts) Deputy Contact: Skip Epperly(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Special Districts .................... SUBJECT: ADOPT Resolution No. 20031 accepting the Engineer's Report and fixing a hearing for July 15, 2003 to consider levying an assessment for additional parcels to be annexed to County Service Area L-100, LP 002048,Martinez area.(District H)(WO 5001, OR.G. 7394) DATE: May 13, 2003 PAGE: 2 II. Financiallmnatt: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the 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 LP 402048, and an alternative means to finance public right of way street lighting would have to be found. el/ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 13, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 308 SUBJECT: Adopt Resolution No. 2003/308 accepting the engineer's report and fixing a hearing on July 15, 2003 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed to County Service Area L-100 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing LP 002048 (the "Development") consisting of 1 parcel,more specifically described in Exhibit A. 2. On April 1, 2003 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area (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 XHM 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 2003/2004 (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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of G:1GrpDataLSpDist\Board Orders12003105-13-03$O-LP002048.doc Supervisors on the date shown. Orig.Div: Public Works(Special Districts) Contact skip Bpperly(313-2253) ATTESTED: MAY 1.3, 2003 cc: County Administrator Assessor JOHN SWEETEN, Clerk of the Board of Supervisors and Auditor-Controller County Administrator Community Development County Counsel D.Morabe,sp.Dist. By_ - ,Deputy RESOLUTION NO. 2003/ 308 ell SUBJECT: Adopt Resolution No. 2003/ 308 accepting the engineer's report and fixing a hearing on July 15, 2003 to consider levying an assessment for additional parcels to be annexed to County Service Area L-100 Lighting District DATE: May 13, 2003 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 9, 2002. 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 July 15, 2003 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing(the "Ballot Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice. A copy of the Engineer's Report is on file with the Public Works Department. 3. Immediately before the Hearing the Public Works Department shall tabulate the ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report; levies the assessment in the Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director, has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies the Assessment for the Fiscal year referred to in the Engineer's Report. RESOLUTION NO. 2003/308 ...I................................................................................................................I.................. ....... . .... ..... ............................... 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, 362-110-012* Stephen M. Spragens 1071 Pereira Rd. 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. "Please see Engineer's Report Addendum to determine the number of Factor Units for this parcel ''I'll-,............................................................................................................ ..................................................... EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2003/2004 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 XHID, 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. A Dated: By: I Heather Ballenger Assistant Public Works Director RCE No. 41746 -.................................................................................... ...............I................................-.... COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM LP 002048 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 03104 362-110-012 Horse 5 $74.70 Facility/Single Dwelling Unit Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-10(1 $14.94 $542,099.52** 36,285.11** F Proposed CSA L-100 $14.94 $74.70* 5.00* Annexation New CSA L-100 $14.94 $542,174.22 36,290.11 Totals Notes: Factor Units at$14.94 each=$74.70(5,00 Factor units X$14.94) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2002/2003 Tax Roll and approved by the Board of Supervisors on July 9,2002 ............ .................. ...... .. . . ..... J7 ASSESSMENT DIAGRAM OF LP 042048 Contra Costa County County Service Area L-100 Street Lighting District {Place copy of map here} ......... ......... .__...... ........ ......... ......_......_._...... ............. ...................................... _ ._.. . ... t WALLS 2000-76157 P APN 262 110 011 f 1y8511 D6 � oh 1497.18' S20'35'03"W Q� 195.81' 526'54'15"W 180.35 SUGAYAN 99-175954 S39'31'30"E-- - APN 262 110 006 197.67' N 11'54'45"E 149.09' N13'05'05"W 80.36' SPRAGENS APN 262- 110 012 Qj , V) �- S39'01'09"W 344.88' 4✓v R=600 L=285.79 ct D=27'17'27" w N11'43'42"E Q- 159.93' PEREIRA S25"44'23"E 4 R=250 L=173.99 2001 -126342 363.46' D=39*44'13" APN 262 120 003 �a N88'50'15"W S29'58'43"E 30.28' N51'27'55"E 64.26 59.08' �,t��� 443.2 7' R=250 L=163.12 588'50'15"E D=37'23'00" 344.61 P.O.U. S14'04'55"W LANf3129.29' 1 � �' OWNER & APPLICANT R Exp. 30-00 g� 1� 23.98 Na. 545 ' S1 �c5� 9'25381N STEPHEN SPRAGENS 3445 MT. DIABLO BLVD. L.AFAYETTE, CA 94549 ERIC RICK A. H ITN PLS 5462 LIGHTING ANNEXATION scAU 1"=300' .:4 jlkxu �rrr� ,COMP INC. STEPHEN SPRAGENS PROPERTY DATE 2/03 *M- 40WMrM - 3Uxvanr4c 1071 PEREIRA ROAD Rg H. N. ' CA 94549 PH(926}x83 5000BROWN AVE. '"F� (925)283_3678 MARTINEZ, CALIFORNIA JOB NO. 20073 EXHIBIT C BALLOT NOTICE TICL 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-104 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? This parcel is assessed a Factor of 5, derived from the Land Use Code, based on base rate of$14.94 per Factor Unit. The total amount levied by the assessment, with regards to this development is approximately$74.70 per year(5 factor units X $14.94) Why should you mote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will this Assessment.Increase in the Future? The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election. What does the Assessment Fund Allow? The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated special benefit received. Essentially, each single family home in the development is allocated the same assessment. An Engineer's Report detailing the methodd 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 are counted.. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to June 12, 2003 or you may hand carry your ballot to the Public Hearing on July 15, 2003. 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-140 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 July 15, 2403 at 9.30 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 Beard will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. On July 9, 2442, as an attachment to Resolution 02/425, 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 2002/2043". That report recommends levying of a street lighting charge as provided in the County Service Area Law, Government Cade sections 25214.1, 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-104("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-140 will be $14.94 multiplied by the number of Factor Units for that parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed$14.94 per Factor Unit in Fiscal Year 2003/04. Methodo�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. ......................................................................... EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 362-110-012 Annexation Of: LP 002048 Record Owner: Stephen M Spragens; 1071 Pereira Rd. Martinez, CA. 94553 Yes, I approve of the proposed annual assessment of$74.70 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$74.70 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date ...............