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Home My WebLink AboutMINUTES - 07231996 - SD5 7v: BOARD OF SUPERVISORS Contra.FROM: Victor J.Westman, County Counsel SCosta County DATE: July 23 , 1996 SUBJECT: Zone 66 Formation and Approving Confirmation of Final Engineer's Report, Diagram and Assessments for Zone 66 of Countywide Landscape District AD 1979-3 (LL-2) and Levying Annual Assessments to be Placed on the Tax Rolls for Fiscal Year 1997-98 subject to Zone 66 Voter Enactment. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Confirm the formation of Zone 66 within Landscape District AD 1979-3 (LL-2). 2. Adopt Resolution 96/concerning the above Subject and authorizing an election within Zone 66. 3. Approve ballot proposition. 4. Direct the County Clerk(Elections Division) to conduct the election required by Resolution 96/= FISCAL IMPACT The Public Works Department's June 7, 1996 estimate was$3,480 for a November 5, 1996 Zone 66 election. Should Zone 66 voters approve the resolution, the $3,480 election cost could be charged to Zone 66 funds when available. BACKGROUND/REASONS On June 18, 1996 the Board concluded its hearings on the proposed annual assessments for Countywide Landscape District AD 1979-3 (LL-2) but at that time declined taking final action on two proposed new zone assessments for Zones 5 (Pacheco) and Zone 66 (EI Sobrante). Concerning Zone 66 the Board indicated its intent to place before the voters of the November 5, 1996 election a possible advisory ballot measure and directed County Counsel to report to the Board with appropriate documentation for its consideration concerning a November 5, 1996 election on proposed Zone 66 benefit assessments. CONTINUED ON ATTACHMENT: x YES SIGNATURE,1,0!;�e!p. • RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON July 23. 1996 APPROVED AS RECOMMENDED_ X OTHER VOTE OF•SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS x ENTERED N THE MINUTES OF THE BOARD OF NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ATTESTED July 23 , 1996 ABSTAIN: PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR 0cc: County Clerk (Elections Division) BY Public Works (Skip Epperly) DEPUT Auditor-Controller Assessor County Counsel Streets and Highways Code section 22594(a) provides that at the conclusion of the assessment hearing and with no majority protest having been filed, the Board of Supervisors may adopt a resolution ordering the improvements and formation of the assessment district zone and confirming the diagram assessment. In this regard it is recommended that the Board consider adopting the attached resolution which would propose to the Zone 66 voters at the November election a referendum as to whether the subject resolution should be approved and enacted to allow Zone 66 benefit assessments commencing with the 1997-98 fiscal year. Should the voters not approve the resolution and its enactment then the Board would lose complete jurisdiction concerning Zone 66 proceedings and the hearings conducted during June of 1966. In other words, it would be necessary to initiate and notice new proceedings should this matter be again considered. The state wide initiative entitled "Right to Vote on Taxes Act'which will appear on the November 5, 1996 ballot would, if adopted, require that for annual assessment continued after July 1, 1997 the procedure set forth in that initiative would have to first be followed with certain specified exceptions. Sec. 5, subsection (d) of the said initiative would provide an exception for any assessment which previously which received majority voter approval from the voters voting in an election on the issue of the assessment. It would appear that the above proposed voter referendum adoption procedure set forth in the subject resolution would be an election procedure sufficient to satisfy the exception provisions of said subsection (d). H:\DFOTI\BD-ORDER\REPORT.WPD SD.5b THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 23, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Resolution Confirming Final ) RESOLUTION NO. 96/ 352 Engineer's Report, Diagram ) and Assessments for County- ) wide Landscape District ) AD 1979-3 (LL-2) and Levying ) Annual Assessments to be ) Placed on the Tax Rolls for ) Fiscal Year 1997-98 subject ) to Zone 66 Voter Enactment. ) The Board of Supervisors of Contra Costa County Hereby Resolves, Determines, Orders and Directs: 1. On April 23, 1996 the formation of Landscaping assessment zone 66 (EI Sobrante area) was approved. 2. On April 16, 1996, the Public Works Director, Engineer of Work for Countywide Landscape District AD 1979-3 (LL-2), filed an annual report, and the Board adopted its Resolution of Intention to levy and collect assessments within then propose Assessment District Zone 66, the public hearings were held at 11:00 a.m. on Tuesday, June`4,and 11, 1996, in the Chambers of the Board of Supervisors of the County of Contra Costa, Administration Building, 651 Pine Street, Martinez, California 94553. Notice of the hearings was given in the time and manner required by law. 3. At the public hearings, the Board afforded to every interested person an opportunity to make a protest to the annual report and proposed Zone 66 assessments either in writing or orally, and the Board has considered each protest. The Board hereby over rules each of these protests and finds that the protest against the proposed improvements in Zone 66 including all written protests not withdrawn in writing before the conclusion of the protest hearing, is made by the owners of less than one-half of the area of the land to be assessed within that zone. 4. The Board hereby confirms the Final Engineer's Report diagram and assessments for Zone 66 as set forth in the annual report of the Assessment Engineer of Work and hereby levies the assessment to be placed on the tax rolls set forth therein for Fiscal Year 1997-98 after November 5, 1996 Zone 66 voter approval and enactment of this resolution. 5. That this Resolution No. 96/3 5 2 is to be presented for approval of and enactment by the voters of Zone 66 (EI Sobrante) of Countywide Landscape District AD 1979-3 (LL-2) at the November 5, 1996 election according to the ballot proposition set forth on attached Exhibit "A". 6. The County Clerk (Elections Division) is directed to take all steps necessary to conduct the election required by this resolution. VJW:df Y that Oita fa a tris and cae�t eop�r Of an acmm tabu and O"ww an Me n*mn oI oro 9oard a! tAa dw ataloasn. A17ESi� P"L MOoanl of AAAA I AidJ cc: County Clerk (Elections Division) Public Works (Skip Epperly) Auditor-Controller Assessor County Administrator County Counsel H:\DFOTI\BD-ORDER\ENG-RPT.WPD Exhibit A (75 Words) Shall Contra Costa Supervisors Resolution No. 96/352 be enacted to create and maintain parks, trails, landscaping of roads and planting trees in unincorporated El Sobrante, by authorizing an annual assessment of a maximum of $30 per single family parcel (and higher assessments for commercial property) subject to the Board of Supervisors setting the assessment each year (not to exceed $30 per year, per single family parcel) with all assessments spent only in unincorporated El Sobrante? Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the speakers' s+ostrum before addressing the Board. 22 - �o I am Vealdng for nmielf_or organization: 6v,,9''-1z4 a5-7A 4omm of wpnba W CHECK ONE: _ 1 wish to speak on Agenda Ran My comments will be: genera! x for against 1 wish to Weak on the skied of - _ 1 do not wish to speak but leave these comments for the Board to consider �J v [74 Words] (°IIlrq Shall esolution No. 96/ on ra os a oun 1111P1�Z]SY[ acte en o pe le✓ out �. mo i e o ace}-to-3 t�r��es-(Garrrrrz�r6ial-pr-ap J pp -rg a, 9h G� n1 gill�Of1i g✓� BLj��'l a v �tlza r�tf �Can-in2pr� men s ort e- -- umn - ted El Sabra-n- ems-ung-maj.ar-l-S.o.brante oad corridors, i ing various par rai improvements`- /iii+�1c� ��'�q��L� �, tco �P.G� l J— j� f� 71 T � � Q �.�ln� �-eat �' � � - _ I�i�i;�. �✓1��-r` �l q1q