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HomeMy WebLinkAboutMINUTES - 07221997 - SD4 0 , SD.* THE BOARD OF SUPERVISORS OF CONTRA COSTA COON' CALIFORNIA Adopted this Resolution on July 22, 1997, by the following vote: AYES: Supervisors Rogers , Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/393 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Landscaping Assessments for Subdivision 7003 of the Countywide Landscap- ing and Lighting Assessment District 1979-3 (LL-2) Oakley area. The Board of Supervisors of Contra Costa County RESOLVES: 1. On June 3, 1997, the Board of Supervisors adopted Resolution No. 97/ 289directing the filing of the engineer's report for Subdivision 7003 of Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2). As directed by the Board, the Engineer of Work has filed the engineer's report. 2. On June 3, 1997, the Board adopted Resolution No. 97/289 declaring the Board's intention to levy and collect assessments to continue park, trail and recreational facilities and services within Subdivision 7003 for fiscal year 1997-98 and setting a public hearing for July 22, 1997. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 97/289 directed the Engineer of work (Public Works Director) to cause to be mailed to property owners within Subdivision 7003 the notices and ballots required by Section 4 of Article XIII D of the California Constitution (Proposition 218). 4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be tabulated. NOW, THEREFORE, the Board FINDS, DETERMINES and ORDERS that: 1. A public hearing was held before this Board on July 22, 1997 at 10:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within Subdivision 7003 a proposed tabulation of those ballots. The Board heard and considered all protests against the proposed assessments and tabulated the returned ballots according to the proportional financial obligation of the affected properties. The Board also afforded to every interested person an opportunity to make a protest to the engineer's report, either in writing or orally, and the Board considered each protest. 2. A majority protest, as defined in section 4(e) of Article XIII D, does not exist. 3. The Board hereby confirms the diagram and assessment as set forth in the report of the Engineer of Work and hereby levies the street light charges set forth therein in Subdivision 7003 for fiscal year 1997-98. SE:cs t hereby Certify that this Is a true and corrects Of g:\EngSvc\SpDistUuly\LL2-7003.Res an action taken and entered on the minutes of the Board of Superv;s s the sh . ATTESTEM .9`u�y $ ow1, 9 9 7 Orig.Dept.: Public Works Department(Special Districts) PHIL BATCHELOR,Clerk of the board Contact: Skip Epperly,313-2253 of Supervisors and CountyAdmiNalrator cc: Assessor Auditor-Controller b _ _ as" County Administrator County Counsel Accounting RESOLUTION NO. 971393 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: July 22, 1997 TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 7003 into Countywide Landscape District LL-2, Zone 49 (APN#041-100-023) I, J. Michael Walford, Public Works Director for the County of Contra Costa, State of California, having canvassed the return of all votes cast in the proposed annexation of Subdivision 7003 into Countywide Landscape District LL-2, Zone 49 held between June 3, 1997 and July 22, 1997 do hereby certify the following to be a full,true and correct Statement of Results of all votes cast on the following measure: Countywide Landscape District LL-2, Zone 49 Annexation and Annual Assessment for Subdivision 7003 YES 1 NO 0 I further certify that the total number of ballots cast in the proposed annexation of Subdivision 7003 into Countywide Landscape District LL-2, Zone 49 at said election was one (1) and attached hereto are the total ballots receive for and against annexation and assessment. Dated the 22nd day of July, 1997 1MW:SEJRss g:lEriggvc\SpDis\BoMastcr\Cun as..112 cc: K Ballenger,Eng—.'g S—ica B,fmonc,Engineering Scrvicn S.Epperly,Special District. J.Rusldon,Special Districts BALLOT Assessor's Parcel Numbers: 041-100-023 Record Owner West Coast Home Builders Address 4021 Port Chicago Highway Concord, CA 94524 Yes, I approve of the proposed annual assessment of$138.00 on each of parcels identified in this ballot. No,I do not approve of the proposed a asse ment of$138.00 n e of these parcels. Ig t e f R ord O ner or Authorized epresentative of the above identified parcels 0 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JUNE 3, 1997 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49, SUBDIVISION 7003, OAKLEY AREA (WO 5023) Specific Request(s)or Recommendation(s)&Background&Justification I. Recommended Action: 1. ADOPT the` Resolution accepting the Engineer's Report for a landscaping assessment on parcels in Subdivision 7003 to be annexed into Countywide Landscaping District (LL-2)Zone 49. 2. FIX a Public Hearing for July 22, 1997 at 10:30 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. 4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with Section 6061 of the Government Code. H. Financial Impact: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the Countywide Landscaping District (LL-2)Zone 49. M. Reasons for Recommendations and Backeround: The developer is required by Condition of Approval to install landscaping facilities in the public right-of way within boundaries of said District and annex to the County's Landscaping District, CWLSD (LL-2)Zone 49 for maintenance and operation of those facilities. 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. Continued on attachment: X Yes SIGNATURE: RECONM ENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: (o - 3 - %9 9 7 APPROVED AS RECOMMENDED__OTHER VO OF SUPERVISORS Vr UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: SE:JR:cs g:\EngSvc\SpDist\Zone49 3-6.0 Contact: Skip Epperly,(510)313-2253 Orig.Div.: PW(Special Districts) cc: County Administrator (hw*y oerffiy that this Is a true and co, OW of Assessor as eetton taken and entered on the MInutae Co QM Auditor-Controller owd of Supe :sora on the data shown. Community Development ATTESTED. County Counsel HIS ofthe 7ard 01 CowW m SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2)ZONE 49. DATE: JUNE 3, 1997 PAGE -2- IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 7003, and an alternative means to finance public right of way landscaping would have to be found. THE BOARD OF SUPERPORS OF CONTRA COSTA COUN#CALIFORNIA Adopted this Resolution on June 3, 1997 , by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/289 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49, SUBDIVISION 7003, OAKLEY AREA. The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Subdivision 7003 (the"Development") consisting of twelve (12) parcels, more specifically described in Exhibit A. 2. On April 29, 1996 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into Countywide Landscaping District (LL-2) Zone 49. The County intends to initiate proceedings to annex the Development into Countywide Landscaping District (LL-2) Zone 49 pursuant to that request. 3. Once the Development is annexed into Countywide Landscaping District (LL-2) Zone 49, the parcels within it will receive a Special Benefit over and above that received by the general public in the form of landscape improvements as defined in Section 22503 of the Streets and Highways 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") on each such parcel. 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 Engineer's Report to the Board of Supervisors for Establishing Countywide Landscaping District(LL-2) Zone 49 for Fiscal Year 1997/98 is attached as Exhibit B. The Engineer's Report meets the requirements of a report under Article 4- Sections 22565 through 22573. The Engineer's Report includes: a description of each parcel of real property receiving the special benefit, the estimated Assessment chargeable to each parcel , the total Assessment chargeable to Zone 49 from the parcels within the Development; the methodology supporting the assessment, and the duration of the Assessment. 6. Based upon its review of the Engineer's Report, The Board finds that: (A) The Special Benefit 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 Special Benefit will confer on each parcel. RESOLUTION NO. 971 289 Now, Therefore The Boart Supervisors ORDERS AND REAVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on July 22, 1997 at 10:30 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 "Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot (the "Ballot") attached as Exhibit D and the Engineer's Report shall be attached to the Notice. 3. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant to Section 6061 of the Government Code. 4. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protests exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be weighted according to the proportional financial obligation of the affected property. 5. 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. SE:JR:cs g:\EngSvc\SpDist\.LL-2Res Orig.Dept.: Public Works Department(Special Districts) Contact: Skip Epperly,313-2253 cerCy tttet��Is a Mrs and0pp� cc: County Administrator ow ad ata aetlon taken and entered on the minutes oi-t!s Assessor Board of Supervisors ongydat Auditor-Controller p; June , l / Community Development PHIL SATONELOR.Clerk of the board a saparvtsara and County Administrator County Counsel , -� 0" RESOLUTION NO. 971289 EXHIBIT A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 Assessment Diagram of Subdivision 7003 and Property Owner's List RESOLUTION NO. 97/ 289 Exhibit ASSESSMENT DIAGRAM OF SUBDIVISION 7003 CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 DAKLEYjr_RR .xLR •P( YAf.. 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C• 1 a b(8 O" OWNERS 41 I CARPENTER 7044 OR 401 id 4d Ig © NORTH STATE DEV.CO. 00 ' °3 ' '•ccr%n r upl PIPE 13921 OR 14I ]0.00 I3Ll E' V0;), 110.WtT> 0.61 Q p1.lY ,N tAG It. p )•ro..1REL ROAD»>.n. .z0a7'u o.1n OI n 8YU•]a'Y 112LAa'ttl 4AY IMI-A,TAGGED LAUm` k• SIX, Gv � .1�.1i+12 Es ml a 'w�23 .�A�•i:�.• OR dal 12SQU oii S91 ' RESOLUTION NO. 971 289 Exhibit A ASSESSMENT DIAGRAM OF SUBDIVISION 7003 CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 Property Owner's List Lot Number Assessor's Parcel Number Owner's NamefAddress 1 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 2 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 3 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 4 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 5 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 6 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 7 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 8 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 9 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 10 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 11 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 12 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 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. Twelve (12) Class A, Single Dwelling Units RESOLUTION NO. 97/ 289 EXHIBIT B ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 FOR FISCAL YEAR 1997/98 RESOLUTION NO. 97/289 Total Assessment/ Chae On Countywide Landscape Disct (LL-2) Zone 49 In the event that the proposed assessment is levied, the total amount chargeable to Countywide Landscape District (LL-2) Zone 49 will be $138.00 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $138.00 in Fiscal Year 1997/98. Methodology for Calculating Landscaping Assessments The "benefit received" is based on a basic unit charge for a single family dwelling unit. The landscaping assessment for this Zone is based upon several factors such as (1) cost required to pay the utility bills; (2) the number and types of parcels within this Zone; (3) a reserve fund for administrative and accounting services provided by the County; (4) unforseen expenses such as utility rate increases, and maintenance (including replacement) of the landscape improvements. The assessment revenue is used to pay for the total costs of operating the Landscape District and those.costs are apportioned among the various parcels in the Countywide Landscape District (LL-2) Zone 49. RESOLUTION NO. 971289 EXHIBIT C NOTICE IS HEREBY GIVEN THAT: The County of Contra Costs is currently processing Subdivision 7003, consisting of the twelve (12) parcels described in Exhibit A. On April 29, 1996, the owner of these parcels submitted a request to the County Department of Public Works to annex them into Countywide Landscape District (LL-2) Zone 49. In anticipation of this annexation on June 3, 1997, the Board of Supervisors adopted Resolution 97/289 fixing a public hearing to consider levying an assessment (the "Assessment") on these parcels. Exhibit B, The Engineer's Report to the Board of Supervisors for Establishing a Countywide Landscaping District (LL-2) Zone 49 includes (1) the total amount that will be chargeable to Countywide Landscape District (LL-2) Zone 49 if the assessment is adopted; (2) the amount that will be chargeable to the property you own, as identified in exhibit A; (3)the methodology upon which the Assessment is based; and (4) the duration of the Assessment. The Board of Supervisors will conduct a public hearing to consider levying the Assessment (the "Hearing") on July 22, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Hearing, the Board of Supervisors will consider all protests against the Assessment and tabulate the ballots. Procedures for tabulating, completing and returning ballots: The Board will not impose the Assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the Hearing, the total amount of the Assessments chargeable to parcels whose owners submit ballots in opposition to the Assessment exceed the total amount of the Assessments chargeable to parcels whose owners submit ballots in favor of the Assessment. A ballot is attached to this notice. The ballot may be completed and mailed to the Contra Costa County Department of Public Works, Special Districts, 255 Glacier Drive, Martinez, California 94553. The Ballot must be received by the Department of Public Works on July 22, 1997. Immediately before the Hearing, the Board of Supervisors shall consider any objections or protests to the Assessment and certify the tabulation of the ballots. The Board of Supervisors will not impose the Assessment if there is a maiority protest. RESOLUTION NO. 97/ 289 EXHIBIT D Ballot Assessor's Parcel Nos.: (The Assessor's parcel numbers will be provided to the Public Works Department as soon as they are available.) Record Owner: West Coast Home Builders Address: 4021 Port Chicago Highway Concord, CA 94524 Yes, I approve of the proposed annual assessment of $138.00 on each of parcels identified in this ballot. No, I do not approve of the proposed annual assessment of $138.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. RESOLUTION NO. 971 289 cn Pm co P. - Z(n t, rn ~zt Di O Z N O o o Zz m n MO �0 n� m r* ,l7 � O Z a000 z :3m CD (cZ2: D 000 N Q0 mO mm B rr n f7 3 -•�z Z o wO n r-+- n un (D N - '� t- O C m M91 0 2 0(-n o r t z z Cf) �++ v Q CL w t- to w M> Z w B c p --j (D F- I C (D K c m m 3- � w b v-0 m � �� n z '-' 3' P.. 0 £ m 7o N r-MO 0 _ CD N O � r-I S Z m D C r imp z Xs0U) m w � a �' m m c� IT O N H. ro ( O aa)9 �Om � 1�ai < v N d (D rt ri b 2 w m OM '� Cl) Z (� u, Y O 0 m vw ac wwG) m 47 tv r m n F Mo m.w. CD fv mv (n O n-rt �� �C m00zm < Wo < m (D (~n O N nO m (n M W (> z C U Z -q n v O P.. Q Q. O rr- I� Z m ((DD m V n �' m C O ri v Z 3 � CD b z rt x w M d wH. n 0 0 sv Qo m Y En v x w M m m ODG Z In //��� Q C) V/ c Y �J v Cm 0 c Z ncn D m2 �c -0 C)=; X Om Dao C:E5 cnn� r m m c n=_cn mC O It D m O D m 0� v0 m c -�I D z � O m� �i C M � ! -1 I p -j Z M m n c 0 z O = m z 7m0 N O O O 0 ~ -u 0 �0 v \ C 00 D O M m w 5 m w O r • m T -1 O °o El I rn r� pv o r ~ g % 2� n 00 rn t 6 F n � �� m� n i a ri Z j r 1 D C7 x r Z m v v fwA s a w O m�� D r ✓ a x M s -� Z a m N c s s "Notice is hereby given that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107 at 651 Pine Street, Martinez, California, to hold a public hearing on July 22, 1997, at 10:30 a.m., to consider comments of any interested person, either written or oral, to the proposed annexation of Subdivision 7003 , Oakley Area, to Countywide Landscape District (LL-2) Zone 49. A copy of the Engineer's Report, is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, California, and the Public Works Department, 255 Glacier Drive, Martinez, California." Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Attest: June 3, 1997 By: ru _ Deputy hirley casillas Publication Dates: June 27, 1997 Sr 4et16ub7009.cob �une 4,'Sg7 "Notice is hereby given that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107 at 651 Pine Street, Martinez, California, to hold a public hearing on ,July 22, 1997, at 10:30 a.m., to consider comments of any interested person, either written or oral, to the proposed annexation of Subdivision 7003 , Oakley Area, to Countywide Landscape District (LL-2) Zone 49. A copy of the Engineer's Report, is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, California, and the Public Works Department, 255 Glacier Drive, Martinez, California." Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Attest: June 3, 1997 B,. Deputy Publication Dates: June 27. 1997 9.W.rgSvdSp D4Br4A?0M.cob dune 9, 997