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HomeMy WebLinkAboutMINUTES - 09141999 - C4 TO: BOARD OF SUPERVISORS FROM: J. MICIFIAEL WALFG , PUBLIC WORKS DIRER T OR DATE. SEPTEMBER 14, 1999 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE EIvG EER'S REPORT AANND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA CESTA COUNTY COUNTYWIDE LANI)SCAPI?�vE DISTWIC T(LL-2)ZONE 6 11 , BYRON AREA (WO 5042 RG 4505) SPECIFIC REQUES:(S)Olk RECOMMENDATION(S)&BACKGROUND AND JUST_FFICA iON s Recommended Action, I. ADOPT the Resolution accepting the Engineer's Deport for a landscaping assessment on parcels in Discovery Bay gest Development, Villages I tl�zough 'Tillages IV – ISP 3025-91, Sub 7686, various development pleases including Saab 8023 to be annexed— o Countywide Landscaping District(LL-2i Looe 61, 2. FIX a Public Hearing for November 2, 1999 at 10:00 a.m. in Room 1.07 of the Board of Supervisors' Chambers, 651 Pin.d 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,X SIGNATURE: ` € {, A, RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATUREL1: ACTION OF BOAR ON 5,t, 14,, 1999 APPROVEE hereby ortify that this is a true and correct copy of an act#cn takers and ASRECOMMENDED�OTHER entered on the minutes of the Board of Supervisors on the date shown. VOT;E OF SUPERS SOR ATTESTED: Septe�'ber 14, 1999 UNAN#3e10US(.ABSENT rone ) iPH«BAT �. � � : LCR,Clark o:the Board o,Supervisors and County A � �Ad #strtor SE:JR:kw � \\PWS,\S P.ARDATA\Grp^atalSpDistlSoard Crdarsl56931D9Saptemb®r1 E zone 51 pisco Bay West.doc #By Deputy of1g.ON: Public Works(Special Districts) E$ Contact: Skip Epgerly(313-2253) cc: County Administrator Assessor Auditor-Controi;or Community Deve!opment County Counsel SUBJECT: ADOPT THERESOLUTION-ACCEPTING THE E'�GI EER'S REPORT AND FIX A HEARING TO CONSIDER IIEVYINNAIN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA COSTA. COUNTY COUNN ITYWIDE LANDSCAPING DISTRICT (Z L62) ZONE 61, BYRON AREA. DATE- S PTEMBE 14, 1999 PAGE: -2- 11. Pln.ancig1I act: 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 61. 111. Reasons for Recommendations and Background: 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) Zorn 61 for tnaiiitenance and operation} of those facilities. Propositions 218 provides that any new assess merA rnsay not be approved if at is opposed by a majority- of the property owners voting cars tate proposed assessrrsernt. The Beard Order and Resolutions complies with the requirements for neva assessments under Proposition 218. IV. Conseguences of Ne at.Lve Action: his project will not be in compliance with the Conditions of Approval for Discovery Bay gest Development, Villages I through Tillages IV — ISP 3025-91, Sub 7686, various development phases including Sub 8023, and an altern=ative means to finance public right of way landscaping would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 14, 1999 by the following vote. AYES: SUpERVTSO�S CTvTA; JTLK `�lA, C EI L SAc il33L A -D I TAMMTILA NOES- N,ONE ASSENT: IN0NE ABSTAIN. NONIE RESOLUTION ION NO. 99/ 447 SUBJECT. RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PLMLIC HEARING TO CONSIDER I.,EVYINNG AN ASSESSMENTFOR PARCELS TO BE ANNEXED TO COUNI TIDE LANDSCAPING DISTRICT(LL-2)ZONE 61a The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Discovery Bay West Development,Villages I tl rough Villages IV--DE 3025-91, Sub 7686,various development phases including Sulo 8023 (the"Development") consisting of 1.759 parcels, more specifically described in Exhibit A. 2. On.Tiny 23, 1999 the applicant for the Development submitted a request to the Department of Public Works for ir €cl€-sion of the Development into Countywide Landscaping District(LL-2)Zone 61. The Countyintends to initiate proceedings to annex the Development into Countywide Landscaping District (LL-2) Zone 61 pursuant to that request. 3. Once the Development is annexed into Countywide Landscaping District(LLF2)Zone 61,the parcels within it will receive a Special Benefit over and above that received by the general pl,"-blit in the form of landscape improvements as defined in Sect io:€22503 of the Streets and Highways Code and the Landscaping and Lighting Act of 1971 4. In order to fiu-nd 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 parrcels within the development. 5. A copy of the Engineer's Deport to the Board of Supervisors for Establishing Countywide Landscaping District(LL-2) Zone 61 for Fiscal Year 1999/00 is attached as Exhibit B. The Engineer's Report meets the requirements of a report:ender Article 4-Sections 22565 through 22573. he 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 Zonae 61 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 Ber of€t will confer on each parcel. Resolution No. 991447 Now, themore the Board Of Supervisors ORDERS AND RESOLVES as follows: 1. The board will conduct.a public hearing(the"bearing"',on November 2, 1999 at 10:00 a .m. in Room 107 of the Board of supervisors' Chambers, 551 Rine Street, ;Martinez, California 91553. 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. The Board directs the Rub`ic Works Director to make :m4 mediately available for viewing to the public at the office of the Public Works Department, 255 Glacier Drive, Martinez, California, a copy of the Engineer's Report 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 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. 4. of there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report; levies the assessment in the Engineer's Deport;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 arid,therefore,constitutes the Rival Report for the Assessment; confirms the Finial Report; and levies the Assessment for the Fiscal year referred to in:the Engineer's Report. «.;y c'�.ssi+�.is d& °i ice..; ii`e�3 i °."`' sr?'s Lutes oda the Board or Supervisors op,the date sl?etyli. RES"TED; � 1 PHI BA"„ HELOR,C ark of the Board ;)s su�s�,,grtd''soO 4wd Couimv i, ,i'arra a a By Deputy Resolution No. 991 447 Exhibit A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT LL-2) Property Owner's List Nrcef through 3 015-160-001, 002 New Discovery Inc. 011-240-001 340 Galaxy Way a Concord, CA 94522 4 through 17 011-230-010, 011, 012, 013, 014, 0 15, 016, Talisman RealityGrow Inc. 017, 018 ' P.O. Box 758 011-220-023, 024, 025, 0265, 027 Concord, CA 94522 "s ' The neer Assessor's Parcel Numbers are not available at this t me. New Assessors parcel numbers will be seat to the Contra Costa County Public Works Department as they are available. 1.0-Equivalent Dwelling Unit(EDU)per Dwelling Unit Resolution No. 991447 FINAL ENGINEER'S REPORT COUNTYWIDE LANDSCAPING 'SIC CHARGE COUNTY SERVICE AREA LL-2 FISCAL YEAR 2.440-0I The:, derszg ed, acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors,plarsuant to the provisions of Article MID, 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,registeredin the State of Cal- i . 7 dated. By. eaterrBal-en ger Assistant Public Works Director SCE 41746 Resolution No. 991447 EXHIBIT B PLANS S AND SPECIFICATIONS FOR THE COUNTY OF CONTRAOST COUNTYWIDE LANDSCAPING DISTRICT (L -2) ZONE 61 Fiscal Year 2€100-01 The facilities which have been constructed wri&dn the County of Contra Costa,and those Which may be subsequently constructed, will be operated, rnaintained and serviced as generally described as follows: The improvements consist of the construction,operation, maintenance and servicing of landscaping,irrigation, lighting (not street lighting except in special cases), and appurtenant facilities including but not limited to personnel,electrical energy,utilities such as water,materials,contractual services,and other items necessary for the satisfactory operation of these services and facilities as described below: DESCRIPTION OF IMPROVEMENTS Lapdsca" The landscaping facilities consist of, bort are not limited to: Landscaping planting, shrubbery,trees, irrigation systems, hardscapes,sidewalks,and appurtenant facilities located within the public right-of-ways,parkways, public park and designed easements within the boundaries of said Assessment District, The following table is an estimated square footage e of the improvements that are being operated,maintained areal service throughout Zone 61. Resolution Nage 991 447 .1, WAY ! IMPROVEMENT 1. IMPROVEMENT ' I j I P VE ENT AREAS � E SQUARE FOO GE LINEAR FOOTAGE Village l Public Park 217,800 � Village 1 Open Space (Fencing) �{ 1 1,299 IE � Nj ewport Drive Median; 2,139 Newport Drive Frontage —54,655 ! E -Bsxier load Village 1 Frontage 27,039 TAxler Road�lilsage 11 Frontage I 37,531 i Bixler load Village 111 Frontage 42,901 Eixler Road Village 1V Frontage 39,902 ? � Feint€fTi ^er Road South 33,357 I Frontage I f Pont o-i i ber Read North 59,255 Frontage ! bark and Rade Lot 1 86,185 i TOTAL 382,034 1,299 Resolution No. 99/447 EXHIBIT H CONTRACOSTS COUNTYWIDE LANDSCAPING DISTRICT L -2) ZONE 61 Detailed Project Costs Estimate Y 2000/204 .. s f Props Parcel Assessor's parcel Number Description �TF�'s , Assessment Per�'����� i PerFY Single 2000/2 01 Family Parcel 1 ` rouge 011-220-23,024,025,026, Single Famaly 1759 ` 027 l,0 $200.00 011-230-€310,011,012, € 013,014,015,016,017, 011-240-001. 015-160-001,002 i � 8POSED EDU S AND ASSESSMENT' 1759 $351,000.00 1'•.L f 3C3 ' i> f�1i41 V I T7C � 3 S "99-200i ' 7VZ IT1J � 1�`�� I3TA1.,S �'r€�Jected��' 199es/2000�arry�43ver € Total EDUS 771f;:7-59 $351,000.00 FY 2€00/2€101 Assessments @ 2€0.00/ED $351,000.00 $351,000.00 ($$210,000.00)On 9 sP n 6 i E (20,500.00) i Professional/Specialized Services,Ins-ur nce a (90,000,00) Utilities I County Levy Code,Adjustment&Collection of fees for r 1,759 partes (2,000.00) (28,500.00) Capita'Improvements/Confingency s C '•ktL.ot ($351,000.00) ($351,000 X10) 1j: i # $U0, PROJEMM ENDING FUND BALAN.-CE Resolution No. 991447 ASSESSMENT DIAGRAM OF CONTRA COSTS COUNTY COUNTY WIDE LANDSCAPING DISTRICT LL-2 ZONE 6 x S8810099' 2:�E LL; (N- Z BA!' 1v tom, PARCEL c] a tx 6co N rn �t I r F f 588'57 59'E 58.696rr. 3:: " cv N 88'58'14"'VV PON : LUs z 3*-,, L7 d ; 3 ( prri a g, .7sos S& 8'58114" ? m 4 813mpop 8 '08'09"ill Pv.s f GF C � EXHIBIT F CONTRA COSTA COUNTY DETAIL COUNTYWIDE LANDSCAPE NTS DISTRICT 1979-3 (LL-2) ASSESSMENT DIAGRAM ZONE 61 w#LY 1999 PAGE ? TE '_ Carlson, Barbee, Gibson, Inc. CiN VG; EER5 * S; Y©RS $ PLANNERS PLACE, s::.� 250 sA�a RA�:O,�, cAUFO;eN�A seas TEFHC E; '510) 866-0322 EAS° (51CJ) 866-8575 Immom L.....200073W'CANIYON c.�aonoz�nrenl Banc¢ 619DWr Resolution No. 991 447 EXHIBIT Total Assessment/Charge On Cougtr Eide Landscapg District(LL-2) Zone In the event that the proposed assessment is levied,the total an,ount chargeable to Countywide Landscape District (LL-2) Zone 61 will be $351,000.00. Assessment on Each Parcel -Each parcel described by Exhibit A shall be assessed; $200.00 in Fiscal Year 2000-200 1 M thodol zy for Calculating Landscaping Assessments The"benefit received' is based on upon the Equivalent Dwelling Unit(EDU)factor per single family dwelling Unit. The landscaping assessment for this Zone is based upon several factors such as (1) asst required to pay the utility balls; (2) the number and types of parcels within this Zone; (3) a reserve fiand for administrative and accounting erVices provided by the County; (4)anforseen expenses such as utility rate increases, and maintenance (including replacernent)of the landscape irrsprovement& The assessment revenue is used to pay for the total costs of operating the Landscape District and those costs are apportioned arnong the various parcels in the Countywide Landscape District(LL-2)Zone 6 A Resolution No. 99/447 EXHIBIT C BALLOT NOTICE Why did you receive this Ballot? When your development was approved, `here was a requirement (condition of approval) to annex the parcel(s) into the Countywide Landscape District LL-2 and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the landscaping within the pubic right of way.The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. .mow Much is the Assessment? For single family homes,the assessment will be$200.00 per year. The total amount levied by the assessment,with regards to this development is approximately$351,000.00 per year. Why shouldyou Mate? Your vote will decide if the assessment will be imposed, Only returned ballets 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 Aloes the Assessment Fund Allow? The assessment allows the Benefat Zone to provide and landscaping within the public right of way. Haw was my Assessment Calculated? The total cost to provide and maintain right of way landscaping is allocated to each property based on estimated special benefit received. Essentially,each single family Dome 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 October 18, '999 or you may hand carry your ballot to the Public Hearing on.November 2, 1999. Ballots received after the close of the Public Hearing can not 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 Countywide Landscape District ILL-2. The ballot may be used to express either support for or opposition to the proposed Countywide Landscape District LL-2 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 owned is a partnership or a corporation,by an authorized representative of the owner. Those -executing this balllot on behalf of a corporation,partnership,trust or other entity must also indicate title,or offLce 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. Ifboth owners of the property vote the same,the ballot counts as on-, vote. If both owners vote differently,one in support and one opposed,then t votes cancel each other out and the ballot will have a"zero"vote. Public Hearing The hearing will be held on Tuesday, November 2, 1999 at 16 :00 a.m. in the Board of Supervisors Chambers, County t°dministra'tion Building,65 i fine Street,Martinez,Cts 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 flinal public testimony and take action on whether or not to levy the assessments`cased upon the testimony and ballots received. Resolution No. 99/447 EXHIBIT D Countywide Landscape District LL-2 Annexation Ballet Assessor's Parcel Nos.: 015-160.001. 001011-240-001 Annexation Of: Discovery BU West L9evelo� ent Villages I through Vi la es IV—ISP 3025-9' Sub 7686, various developmeL.t phasqes RecordOwner: New Discovery Inc, Address-, 380 Galaxy Way Concord, CA 94522 'des, I approve of the proposed annul assessment of$200,00 on each of the parcels idenA ed in this ballet. No, 1 do not approve of the proposed amr-.al assessment of$200.00 on each of these parcels. Signature of Record Ower or Authorized Representative of the above identified parcels, Date Resolution No. 99/447 EXHIBIT D Countywide Landscape District LL-2 Annexation Ballast Assessor's Parcel Nos., 011-230-010, 011X312, 1313, 014,015,01& W17 018 011:223-023 €324 025 026 X327 Annexation Elf; Discovery Bay West Develo-oze t Villa es 1 th Villages 1V--13P 3025-91, Sub X 3. Record Owner: Tal,sman Realtd Group Inc. Address- PO Box 758 Co,ncord, CA 94522 Yes,1 approve of the proposed arm-aal assessment of$200.00 on each ofthe parcels identified ire this ballot. No,1 do not approve of the proposed annua'assessment of$200.00 on each of hese Parcels. Signature of Record Owner or Authorized Repbesentative of the above identified parcels, Date Resolution No. 99/447