HomeMy WebLinkAboutMINUTES - 08061996 - D4 D. 4
TO: BOARD OF SUPERVISORS Contra
,
FROM:,. Victor J.Westman,County Counsel _ter' Costa
County
DATE: August 2, 1996
SUBJECT: Zone 5 Formation and Approving Confirmation of Final
Engineer's Report, Diagram and Assessments for Zone 5 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 5 Voter Enactment.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Confirm the formation of Zone 5 within Landscape District AD 1979-3 (LL-2).
2. Adopt Resolution 96/3Uconcerning the above Subject and authorizing an election within Zone 5.
3. Approve ballot proposition.
4. Direct the County Clerk(Elections Division) to conduct the election required by Resolution 96/,3 .
FISCAL IMPACT
The Public Works Department's June 7, 1996 estimate was$1,010 for a November 5, 1996 Zone 5
election. Should Zone 5 voters approve the resolution, the$1,010 election cost could be charged to Zone 5 funds when
available.
BACKGROUND/REASONS
On June 18, 1996 the Board conducted 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. It is now proposed that whatever election procedure is adopted for Zone 66, should similarly be
utilized for Zone 5 (Pacheco).
CONTINUED ON ATTACHMENT: —X_YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON August 6. 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 August 6 , 1996
ABSTAIN: PHIL BATCHELOR, CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADMINISTRATOR
cc: County Clerk(Elections Division) BY a, AW 0�
Public Works (Skip Epperly) DEPUT
Auditor-Controller
Assessor
County Counsel
Supervisor DeSaulnier's Office
T)•q
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 5 voters at the November election a
referendum as to whether the subject resolution should be approved and enacted to allow Zone 5 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 5 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\REPT-ZN5.WPD
i
D. 4b
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 6, 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. 96/376
Engineer's Report (as )
supplemented), 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 5 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 5
(Pacheco 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 5, the public hearings were held at 11:00 a.m. on Tuesday,
June 5 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 5 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 5 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 (as supplemented),
diagram and assessments for Zone 5 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 5 voter
approval and enactment of this resolution.
5. For qualified persons, a Senior Citizens reduction of 50% in the assessed unit
rate will be allowed where the involved persons are 65 years or older and owner
occupant of their residences or mobile homes. Before April 16, 1997 the County shall
adopt procedures and regulations for the implementation of this Section 5.
6. That this Resolution No. 96/3*71is to be presented for approval of and
enactment by the voters of Zone 5 (Pacheco area) 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".
7. The County Clerk (Elections Division) is directed to take all steps necessary
to conduct the election required by this resolution.
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t MD�br eatly dat Hitt N�true�nA oe�wat eep�r d
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cc: County Clerk (Elections Division)
Public Works (Skip Epperly)
Auditor-Controller
Assessor
County Administrator
County Counsel
Supervisor DeSaulnier's Office
H:\DF0TRBD-0RDER\RES-ZN5.WPD
ZONE 5 (PACHECO) BALLOT PROPOSITION
[75 Words] "Shall Contra Costa Supervisor's Resolution 96/376 be enacted to
authorize a per year assessment of$30 per single family parcel and Y2
mobile home space (both subject to qualified senior citizens rate
reductions) to 3 times (commercial property) that rate to provide needed
Pacheco area park and landscape improvements including a linear park
along Aspen Drive and Grayson Creek and beautification sites along
Pacheco Boulevard, Marsh Drive and Center Avenue corridors and
related park projects?
H ADFOTI\BD-ORDER\BAL-5.WPD
EXHIBIT"A"
t
SUPPLEMENTAL
FINAL ENGINEER'S REPORT
FOR
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT
(LL-2)
FISCAL YEAR 1996-97
August 6, 1996
Contra Costa County
DA
ENGINEER IS REPORT
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
FISCAL YEAR 1996-97
TABLE OF CONTENTS
SECTION I
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION H
Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Part A-Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . 5
Part B -Estimate of Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part C -Assessment Roll . . . . . . . . . . . . . . . ... . . . . . . . . . . . 21
Part D -Method of Apportionment of Assessment . . . . . . . . 22
Part E-Property Owner List . . . . . . . . . . . . . . . . . . . . . . . . . 35
Part F-Assessment District Diagram . . . . . . . . . . . . . . . . . . 36
Appendix A-Detailed Project Cost Breakdown . . . . . . . . . . . . . . 37
Appendix B - Detailed Proiect Proposals-Pacheco Area(Zone No.5) 38
*04
Section 2-Report
Zone 5 Pacheco Area
To Be Annexed: June 11, 1996
817 Parcels
Install and maintain public landscaping, irrigation system, recreational facilities, trails, and other
related facilities along the Pacheco Area. Improve and maintain various median island,frontage and
County Flood Control properties. Detailed list is in Appendix B of potential beautification sites
along the Pacheco Boulevard,Marsh Drive,Aspen Drive and Center Avenue corridors. In addition
to the area-wide landscape beautification projects, this assessment will provide for linear park
improvements along the Flood Control channel along Aspen Drive and numerous other projects in
the years to come. For qualified persons, a Senior Citizens reduction of 50%in the assessed Unit
rate will be allowed where the involved persons are 65 years or older and owner occupant of their
residence or mobile homes. Before April 16, 1997 the County shall adopt procedures and
regulations for the implementation of Zone 5.
Zone 7 (Pleasant Hill/BART) -Redevelopment Project
Formed: July 30, 1985
196 Parcels
All lighting and landscaping features installed as a part of the Redevelopment Project. Includes
median islands on adjacent streets and pocket park on Las Juntas Way and Oak Road.
Zones 8(Vintage Parkway)Tracts 6333,por. 6452&6576&6577,6821,6862, 7089,7193,7229,
7372, 7582, 7585 and 7654.
Formed: Zone 8: July 16, 1985
1197 Parcels
Landscaping within public streets in Subdivisions.Landscaping,irrigation and related improvements
along the frontage on Big Break Rd. north until the end of Tract 6333 and on from Big Break Rd.
To Highway 4. Includes Vintage Parkway,Rutherford Way, Piper Lane, Walnut Meadows Drive
and Girard Lane.
Zone 9 (Bay Point Landscaping & Parks)
Formed: December 16, 1986
5,401 Parcels
Install and maintain all landscaping in Ambrose Park, Anuta Park, Pacifica Park, Ambrose
Recreation District, Bailey Road(median/sidewalk area), and general maintenance within
7
Section 2 - Report
Zone 64 Pinole Tract 7661
Formed: January 9, 1996
31 Units
Landscape improvements are located within the public right-of-way, fronting San Pablo
Avenue/Eire Drive.
Landscape improvements total approximately 231 linear feet along San Pablo Avenue and
Eire Drive and vary in width from 15 feet to 30 feet. This development will be comprised of
31 parcels.
17
Section 2 - Report
Zone Description Estimated
Number Cost
(s) for 1996197
46 Oakley Area-Tract 7366,7775&7367 Claremont Heritage III 20,280
48 Mrack Road-Tract 7621 21,070
49 Country Fair aka Meadow Glen 11-Tract 7704 77,280
Zone 25 Merged into Zone 49;Antigua aka Orchard View-
Subdivisions 6867,6996,6980
Zone 29 Merged into Zone 25:Subdivisions 7330&7368
Zone 47 Merged into Zone 25: Hollycreek aka Las Brisas -Tract
7385,7830 thru 7833
54 Subdivisions 7601 and 7818(Alamo Country) 21,150
57 Subdivisions 7679 and 7881 (Byron Area)Pacific Waterways 0.00
58 Subdivision 7837(Oakley Area) 8,900
60 Tracts 6935 and 7809 California Jamboree 37,148
62 Tract 7640 Oakley Area&MS 7-95 9,180
64 Tract 7661 9,300
TOTAT.FI;TTMATFn RTTDGFT P 1.42�.2Lf1,00
For a detailed breakdown on the operation, maintenance and servicing costs for each zone,
refer to Appendix "A."
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the
District. Funds raised by assessment shall be used only for the purpose as stated herein. A
contribution to the District by the County may be made to reduce assessments, as the Board
of Supervisors deems appropriate. Any balance remaining on July 1 at the end of the fiscal
year must be carried over to the next fiscal year.
20
V •�
Section 2 - Report
PART C
ASSESSMENT ROLL
The proposed assessment and the amount of assessment for Fiscal Year 1996-97 apportioned
to each lot or parcel, as shown on the latest roll at the Assessor's Office are contained in the
Assessment Roll on file in the Office of the Contra Costa County Clerk of the Board of
Supervisors.
The description of each lot or parcel is part of the records of the Assessor of the County of
Contra Costa and these records are, by reference, made part of this Report.
The total proposed assessment for the 1996-97 Fiscal Year is $1,492,2b9.6o
21
Section 2 - Report
There are 136 parcels (117 at buildout) in these subdivisions and they share in equal
amounts.
$273.15 per parcel
Zone 62 Oakley Area Tracts 7640, MS7-95
There are 51 parcels in Zone 62.
Zone 64 Tract 7661 Pinole Area
There are 31 parcels in this subdivision and they will share in equal amounts.
$300 per parcel
34
Exhibit B
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPE DISTRICT
ASSESSMENT DISTRICT NO. 1979-3 (LL-2)
PACHECO AREA- ZONE 5
APPORTIONMENT OF ASSESSMENT
The estimated cost of preparing studies, maintaining, servicing and
improving the various facilities is to be distributed proportionately
among the residential and commercial properties in the Pacheco Area.
The monies collected cannot be used outside the Pacheco - Zone 5.
There are approximately 1,000 parcels in Pacheco. The unit assessment
rate will be $30.00 for this zone. The method for spreading these
assessments is as follows: single family residential are assessed one unit
assessment rate per parcel,multi-family/mobile home units are assessed
a factor of one-half the single family rate, and commercial/industrial
parcels are assessed the single family rate per acre with a maximum
assessment of three times the single family rate.
$30.00 per single family residential parcel, per year
$15.00 per multi-family residential parcel, per year
$30.00 per acre for commercial/industrial, per year
($30.00 minimum assessment and $90.00 maximum assessment for
commercial/industrial parcels)
$15.00 per unit assessment for vacant single family residential
($15.00 minimum and $45.00 maximum for vacant non-single family
residential)
For qualified persons, a Senior Citizens reduction of 50% in the assessed
Unit rate will be allowed where the involved persons are 65 years or
older and owner occupant of their residence or mobile homes. Before
April 16, 1997 the County shall adopt procedures and regulations for the
implementation of Zone 5.
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' nostrum
before addressing the Board.
Phone:
Address: tA'�I���CZ I'6�-n
bt)
1 am speaking for myself_ or organization: PhWf o I UV)1 0 6"�C1
4nne d 0gwdzatioN
H ONE
C /
�� Aft Item an 1 wish to Oat l ��
_. � #.1.�
My will be: for_aWnst—_____.
i wish to speak on the ud*d
1 do not wish to Weak but leave these comments for the Board
to consider:
Request to Speak Form
( THREE (3) MINUTE UMIT)
Complete this form and place it in the box near the speakers' nostrum
before addressing the Board.
Address: a� o �" Ae-�� �� fir;
I am speaking for myself a
spwphiution:
01arm of taN
C1j!9K ONE
I wish to Weak on penia Item #s Oat g- G/ G
My comments will be: general _jbr..&gainst__.-- ._.
_ 1 wish to speak on the subied of
1 do not wish to speak but leave these comments for the Board
to consider: