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HomeMy WebLinkAboutMINUTES - 08172004 - C30 Contra TO:- BOARD OF SUPERVISORS .. _ Costo n; FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR jam` DATE: August 17, 2004 011L County 454 _ SUBJECT: ADOPT Resolution No. 2004/**** accepting the Engineer's Report for Discovery Bay West Parking District SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project 7771-6X5167 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 454 1. ADOPT Resolution No. 2004/**** accepting the attached Engineer's Report for a parking district assessment on the parcels in SD 8710 to be annexed into Discovery Bay West Parking District. 2. FIX a Public Hearing for September 28, 2004 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. / � r Continued on Attachment:X SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 'APPROVE /OTHER SIGNATURE (S). ACTION OF BOA ON AUGUST 17, 2004APPROVED AS RECOMMENDED Xx OTHER s —" 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, VOTE OF SUPERVISORS DISTRICT I xx UNANIMOUS(ABSENT ) ATTESTED: AUGUST 17 t 20304 AYES: NOES: JOHN SWEETEN,Clerk of the Board of Supervisors and ABSENT: ABSTAIN: County Administrator DM:cmm By G:\GtpData\SpDist\Board Orders\2004\0$-17-04 BO-SD 8710 DBWPD(Fixing).doc Deputy Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. 454 SUBJECT: ADOPT Resolution No. 2004/**** accepting the Engineer's Report for Discovery Bay West Parking District, SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project No. 7771-6X5167 DATE: August 17, 2004 PAGE: 2 FISCAL IMPACT: There will be no impact to the County General Fund. All costs will be covered with revenue from the Discovery Bay West Parking District. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The developer is required by Condition of Approval to annex to the County's parking district, Discovery Bay West Parking District, for continued maintenance and operation of the parking facility. 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. CONSEQUENCES OF NEGATIVE ACTION: This project will not be in compliance with the Conditions of Approval for SD 8710, and an alternative means to finance public parking facility would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004 by the following vote: AYES: SUPERVISORS UILKEMA, GREENDERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE 454 RESOLUTION NO. 2004/ 454 SUBJECT: ADOPT Resolution No. 2004/*""* accepting the Engineer's Report for Discovery Bay West Parking District, SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project No. 7771-6X5167 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SD 8710 (the "Development") consisting of four(4) parcels, more specifically described in Exhibit A. 2. On July 8, 2004 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into Discovery Bay West Parking District. The County intends to initiate proceedings to annex the Development into Discovery Bay West Parking District pursuant to that request. 3. Once the Development is annexed into Discovery Bay West Parking District, the parcel(s) within it will receive a special benefit over and above that received by the general public in the form of a public parking facility. This servicers a miscellaneous extended service (the "Extended Service") as defined in Article 1012-2.406 of 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 XIIIID of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcel(s) within the development. 5. A copy of the Addendum to the Final Engineer's Report to the Board of Supervisors for establishing a Parking Maintenance Service Charge for Fiscal Year 2004/2005 (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 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 Parking District; the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. DeQ:crnrn I hereby certify that this is a true and correct copy of an action G:\GtpData\SpDist\$aard Orders+.2004\08-17-04 BO-SD 8710 DBW'PD(Pixiug).doc taken and entered on the minutes of the Board of Supervisors on Orig.Div: Public Works(Special Districts) the date shown. Contact: Eileen Doten(313-2253) CC! County Administrator Assessor ATTESTED: AUGUST 17, 2004 Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County Community Deaelopment County coutisei AAdministratorD.Morabe,sp.Dist. By ie ,Deputy RESOLUTION NO. 2004/ 454 SUBJECT: ADOPT Resolution No. 2004/ 454 accepting the Engineer's Report for Discovery Bay West Parking District, SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project No. 7771-6X5167 DATE: August 17, 2004 PAGE: 2 6. The Board has adopted the Engineer's Report for the Discovery Bay West Parking District on July 13, 2004, 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 parcel(s) 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 September 28, 2004 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. 2004/454 EXHIBIT A CONTRA COSTA COUNTY DISCOVERY BAY WEST PARKING DISTRICT Property Owner's List Parcels Assessor's Parcel Number Owner's Name/Address 4** 011-220-002, 004, 020, 021* Western Pacific Housing, Inc. 1210 Central Boulevard Brentwood, CA 94513 * 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. 1.0 Equivalent Dwelling Unit (EDU)per Dwelling Unit EXHIBIT B FINAL ENGINEER'S REPORT DISCOVERY BAY NEST PARKING DISTRICT FISCAL YEAR 2004/2005 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 X111D, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 35414 et seq.) and Division 1412 of the Contra Costa County Ordinance Code. The undersigned certifies that he is a professional engineer, registered in the State of California. Dated: a. By: Brian Balbas Assistant Public Works Director RCE No. 52057 J 3 2 DISCOVERY DAY WEST PARKING DISTRICT ENGINEER'S REPORT ADDENDUM SD 8710 Parcel Assessor's Parcel Description EDU's Per Proposed Number Single Family Assessment _ Parcel FY 04/05 1 though 203 Ol 1-220-002, 004, Single Family 1 $10.00 020, 021 TOTAL PROPOSED EDU'S AND ASSESSMENT 203 $2,030.00 Notes: 1.0 Equivalent Dwelling Unit(EDU)per Dwelling Unit SUSDNZION 3428 436 FA 1D 22 ;;_ _2 teas 5,'(1} _ POI TT M TW42-1DAT) I BALFOUR ROAD I 27 , '. J r NFi•59'27'X f ( } sae56"27'€ 91f0.00' s BRENTWOOD SL POW OF TWEER RD. CD c � C:) STATE CREEK RD. STATE ROUTE 4 C4 C4 13, t tr7NrT ,{ 714T5 BASIS OF€3EARENG: Nt -- N —_.r• �O -�[ THE BASIS OF B€APoHW FOR 7rUS MAP 5 DETER1A4a BY FOUND UONIfAENTS 910'AN HEREON; TN6 BEARSNC,9€iNG NDS t?t'G5"Pt c �rI 3ETWEEN WWONLWENTS FOUND ALONG AYEMAY STREET.DISTANCES C CV C4 SHOW ARE�d 0 DISTANCES; TO COWERT TO M, WULTIPLY - CV i GROUND DISTANCES BY O."N211 u - E CV E Lc; ; c'i- •- c�t ASSESSORS PARCUL "NOS, i s Cj ,.� C`J I art-7220-002 -e E ! "- E a . ` 011-220-004 d n C011-220--020 N co 011-220-02t LAK a- C:I z LEGEND sa o CL , E! BOUNDARY UNE PROPERTY UNE ----- CENTER LINE 60-06 L R C J :.; CITY LIMITS (NO.) COURSE NUVGER 4 tC3 i FWNO RAILROAD$PIK€ C C� ` FOUND STANDARD CONTRA COSTA COUNTY MONUMENT c7 15 co I I P.O.B. POINT OF BEGINNING 1 P.O.C. POINT OF Ct WMENCDANT SURVEYOR'S STATEMENT: i THIS WAP-W BEEN PWAREO BY ME OR UNDER#Y SUPERWISiCK J n A. GARC7A,P.LS.528 DATE a �} Ucom DPR€S 12 I/t13 LAW s A, ( ) N$9'08'09.W 990.00` L&M tysIMs TRACT 7140 385 M 43 � EXMIBIT T) TO ACCOMPANY LEGAL DESCRIPTION PROPOSED .ANNEXATION TO DISCOVERY BAY WEST PARKING DISTRICT TOWN OF DISSCOVIRY DAY CONTRA COSTA t OUM CALIFORNIA 12M low cWWA sub" :M5 t.vn+q�au.cn.SAYBaa.S+n 3taxat G xrttn a2sneuaiTz•to 6]SRW',.8iT5 1'g 400' iNi41r(i 2004 EXHIBIT C BALLOT" NOTICE 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 Discovery Bay West Parking District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the parking facility. The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. Horn Much is the Assessment? For single-family homes, the assessment will be $10.00 per year. The total amount levied by the assessment, with regards to this development is $2,030.00 per year. Why should you Vote? 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 operate, construct, maintenance and servicing of a Park and Ride parking lot. How was my Assessment Calculated? The total cost to provide and maintain parking 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 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 is counted. Mail your ballet in the self addressed postage paid envelope or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to September 1, 2004 or you may hand carry your ballot to the Public Hearing on September 28, 2004. 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, is 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 Discovery Bay West Parking District. The ballot may be used to express either support for or opposition to the proposed Discovery Bay West Parking 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 September 28, 2004 at 9:30 a.m. in the Beard 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 Board 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 13, 2004, as an attachment to Resolution No. 2004/357, the Board of Supervisors adopted the Final Engineer's Report to the Board of Supervisors for establishing a Parking Facility Charge for Fiscal Year 2004/2005. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $10.00 per EDU in Fiscal Year 2005/2006. Methodolo2v for Caiculatin Parking Assessments The "benefit received" is based on upon the Equivalent Dwelling Unit (EDU) factor per single-family dwelling unit. The parking assessment for this district is based upon several factors such as (1) cost required to pay the maintenance costs; (2) the number and types of parcels within the district; (3) a reserve fund for Administrative and Accounting services provided by the County; (4) unforeseen expenses such as utility rate increases, and maintenance ( including replacement) of the parking improvements. The assessment revenue is used to pay for the total costs of operating the Parking District and those costs are apportioned among the various parcels in the Discovery Bay West Parking District. EXHIBIT D Discovery Bay West Parking District Lighting District Annexation Ballot Assessor's Parcel Nos.: 011-220-002, 004, 020, and 021 Annexation Of: SD 8710 Record Owner: Western Pacific Housing Inc. 1210 Central Blvd. Brentwood, CA 94513 Yes, I approve of the proposed annual assessment of$10.00 per parcel on the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of $10.00 per parcel on the parcels identified in this ballot. Signature of Record Owner or Authorized Representative of the above identified parcels. Date "Anashia Lloyd" To: EShar@cnb.cccounty.us ` <alloyd@cctimes.com cc: > Subject: Re: NOTICE OF PUBLIC HEARING- Discovery Say West Parking 08/24/2004 11:00 AM District SCS 8710 THE FOLLOWING E-MAIL CONTAINS PERTINENT INFORMATION; PLEASE READ IT CAREFULLY IN ITS ENTIRETY. ** LEGAL NOTICE CONFIRMATION ** TYPE: IN-COLUMN CLASSIFIED LINER Legal Number: 0899 PO#: 988 Publication: CCT Run Date(s): 09/14, 09/21 Amount: $85.64 Please be advised that we will need a cancellation request—or all changes attached in a final draft Microsoft Word Document—e-mailed to alloyd@cctirnes.com by no later than 4:00 PM, Fri., 09/10. PLEASE NOTE: All of Our offices will be closed in observance of Labor Day on Monday, September 6, 2004. Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 —fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek., CA 94596 EShar@cob.cccounty.us wrote: Dear Anashia, Please publish the above Notice of Public Hearing RE: Discovery Bay West Parking District SD 8710 to Contra Costa Times under REF. No. 988 on September 14 and September 21, 2004. (See attached file: 08-17-04 Discovery Pay West Parking SD8710.doc) Thank you for your attention Emelda E. Sharp Clerk of the Board ------------------------------------------------------------------------ Name: 08-1704 Discovery Bay Test Parking SD8710.doc 08-17-04 Discovery Bay West Parking SD8710.doc Type: WINW©RD File (appli cation/msword) Encoding: base64 Download Status: Not downloaded with message