HomeMy WebLinkAboutMINUTES - 10281997 - SD9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 28, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/574
SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy
of Landscaping Assessments for Subdivision 7903, of the Countywide
Landscaping and Lighting Assessment District 1979-3 (LL-2) Zone 63, North
Richmond area.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On September 9, 1997, the Board of Supervisors adopted Resolution No. 97/480 directing
the filing of the engineer's report for Subdivision 7903 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 September 9, 1997, the Board adopted Resolution No. 97/480 declaring the Board's
intention to levy and collect assessments to continue park, trail and recreational facilities
and services within Subdivision 7903 for fiscal year 1997-98 and setting a public hearing
for October 28, 1997. Notice of the hearing was given in the time and manner required by
law.
3. Resolution No. 97/480 directed the Engineer of work (Public Works Director) to cause to
be mailed to property owners within Subdivision 7903 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 October 28, 1997 at 11:00 a.m. At the
hearing, the Engineer of Work presented to the Board all ballots.received from property
owners within Subdivision 7903 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 assessments set forth therein in Subdivision 7903
for fiscal year 1997-98.
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Auditor-Controller fr F C— I a y. /5 n/
County Administrator 1 )l-�t�-C�2-.� /
County counsel
P.W.Accounting PHIL BATCHELOR,Clerk o1 t e board
of SupervlsM and County Adarilstrator
RESOLUTION NO. 97/ 574 �lit oe,„,ty
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: October 28, 1997
TO: Board of Supervisors
FROM: J. Michael Walford, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 7903 into
Countywide Landscape District LL-2, Zone 63
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 7903 into
Countywide Landscape District LL-2, Zone 63 held between September 9, 1997 and October 28,
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 63 Annexation and Annual Assessment for
Subdivision 7903
YES I NO 0
I further certify that the total number of ballots cast in the proposed annexation of Subdivision 7903
into Countywide Landscape District LL-2, Zone 63 at said election was one (1) and attached hereto
are the total ballots receive for and against annexation and assessment.
Dated the 28"' day of October, 1997
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cc: H Ballenger,Engineering Services '
B,feraone,Engineering Service
S.Bpperly,Special Districts
J,Rushton,Special Districts
Countywide Landscape District Zone 63 Annexation
Ballot
Assessor's Parcel Nos.: 408-160-042 (Lots 1 - 87)
Annexation of: Subdivision 7903
Record Owner: Community Housing Corporation
Address: PO Box 1625
Richmond, CA 94802
Yes, I approve of the proposed annual assessment of$230.00 on each of
the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of$230.00 on
each of these parcels.
Signature t�5r—d-
caner or Authorized
Representative of the above identified parcels.
Date
g:\engsvc\spdist\BoMaster\LL2\Sub7903.BaI
C 214
TO: BOARD OF SUPEWSORS 0
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: SEPTEMBER 9, 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 63,NORTH RICHMOND AREA
(WO 5114)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT the Resolution accepting the Engineer's Report for a landscaping assessment on parcels in
Subdivision 7903 to be annexed into Countywide Landscaping District (LL-2)Zone 63 .
2. FIX a Public Hearing for October 28, 1997 at 11:00 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 re - ed notification in accordance with
Section 6061 of the Government Code.
Continued on Attachment: x SIGNATURE: C-1 M-*
_RECOMMENDATION OF COUNTY ADNIINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON 9-9. 9 9 APPROVED AS RECOMMENDED V OTHER_
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
I tw*y or*Nat Nle b a We and eorrsct COpy of
Oft Dtv: Public Works(Special Districts) 901krd an of Supe nl�on the entered
son hOWn.InuUaO OI�JtlIa
Contact: Skip Epperly 313-2253 A�Ep• AAL- 9y 7 9
cc: County Administrator PHIL SA HELOR,Clark of She board
Assessor of Supervisors and County Administrator
Auditor-Controller
Community Development
County Counsel - e-Aabpty
i
SUBJECT: ADOPT THE RESOLRION 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 63,NORTH RICHMOND AREA
DATE: SEPTEMBER 9, 1997
PAGE: -2-
II. FinancialImnact:
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 63.
M. 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)Zone 63
for maintenance and operation of those facilities. Proposition 218 provides that any new assessment may not
be approved 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.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 7903, and an
alternative means to finance public right of way landscaping would have to be found.
. I
THE BOARD OF SUPERVISORAF CONTRA COSTA COUNTY, CALIORNIA
Adopted this Resolution on September 9, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 971 480
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 63.
The Board of Supervisors of Contra Costa County FINDS THAT.-
1.
HAT:1. The County is currently processing Subdivision 7903 (the "Development") consisting of 87
parcel(s), more specifically described in Exhibit A.
2. On June 4, 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 63.
The County intends to initiate proceedings to annex the Development into Countywide Landscaping
District (LL-2) Zone 63 Pursuant to that request.
3. Once the Development is annexed into Countywide Landscaping District (LL-2) Zone 63, 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 63 for Fiscal Year 1998/99 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 63
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.
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the"Hearing") on October 28. 1997 at 11:00 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. The Board directs the Public Works Director to make immediately 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. 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.
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Orig.Dept.: Public Works Department(Special Districts) t rig"certify that this Is a true and correct copy or
Contact: Skip Epperly,313-2253 anon taken and entered on the minutesla the
cc: County Administrator of> 's=on the data shoom• qq 7
Assessor ATTESTED
Auditor-Controller aas � of
the b6ard
Supvvims �a AdmWWaW
Community Development
County Counsel Do"
Resolution No. 97/480
EXHIBIT A
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT
(LL-2) ZONE 63
Assessment Diagram of Subdivision 7903
and
Property Owner's List
Resolution No. 97/480_
Exhibit A
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 63
Property Owner's List
Lot Number Assessor's.Parcel.Number Owner's Name/Address: .
Community Housing
1 - 87 408-160-042 Development Corporation
PO Box 1625
Richmond, CA 94802
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.
87 Class A, Single Dwelling Units
Resolution No. 97/ 480
EXHIBIT B
ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS
FOR ESTABLISHING COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 63
FOR FISCAL YEAR 1998/99
Assessment Diagram of Subdivision 7903
Contra Costa County
Countywide Landscaping District (LL-2) Zone 63
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• Contra Costa County
Countywide Landscaping District
(AD 1979-3, LL-2)
Zone 63
Engineer's Report
Fiscal Year 1997-1998
The undersigned respectfully submits the enclosed report as directed by the Board of Supervisors
Date:
By: J. Michael Walford, Director
Public Works Department
HEREBY CERTIFY that the enclosed Engineer's Report, together with assessment Roll and
Assessment Diagram thereto attached, was filed with me on the day of
Contra Costa County, California
By:
HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Assessment Diagram thereto attached, was approved and confirmed by the Board of Supervisors of hen
County of Contra Costa, California on the day of
Contra Costa County, California
By:
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Assessment Diagram thereto attached, was filed with'the County Auditor of the County of Contra Costs,
on day of
Contra Costa County, California
By:
Resolution No. 97/ 480
PART A
ENGINEER'S REPORT
CONTRA COSTA COUNTY
ASSESSMENT DISTRICT NO. 1979-3 (LL-2)
ZONE 63
GENERAL DESCRIPTION OF IMPROVEMENTS
TO BE MAINTAINED
Zone 62, Subdivision 7903:
Landscaping improvements consists of maintaining landscaping, irrigation facilities along Gertrude
Avenue and play lot facilities on Malcom Drive in North Richmond.
Landscape improvement, along the frontage of Gertrude Avenue for an approximate toal of 274.32
meters (900 linear feet). Landscape and playground improvements located in play lot total
approximately 92.937 square maters (1,000 square feet).
Resolution No. 97/480
• PART B
ENGINEER'S REPORT
CONTRA COSTA COUNTY
ASSESSMENT DISTRICT NO. 1979-3 (LL-2)
ZONE 63
DETAILED ESTIMATE OF COST BREAKDOWN
FISCAL YEAR 1998-1999
Zone 63 North Richmond Area, Subdivision 7903
LL-2 Zone 63 Expenditure Revenue Totals
Operation & Maintenance Estimates Estimates
Cost FY 1998-99
Projected FY 1997/98 Carry Over $0 $0
FY 1998/99 Assessments $20,010
Subtotal $20,010 $20,010
Operation/Maintenance, Vandalism $14,000
Administrative Costs, Insurance $2,000
Utilities $2,500
County Levy Code Adjustments, &
Collection of Fees for: 87 Parcels $400
Capital Improvement/Contingency $1,110
Tot Lot Compliance Upgrades $0
Subtotal $20,010 ($20,010)
Projected Fund Ending Balance $0
Developments in Zone 63:
Subdivision 7903
Resolution No. 97/ 480
PART C
ENGINEER'S REPORT
CONTRA COSTA COUNTY
ASSESSMENT DISTRICT NO. 1979-3 (LL-2)
ZONE 63
ASSESSMENT ROLL
FISCAL YEAR 1997-98
Zone Totai;Assessment Total Parcels Maximum Assessment l.,
Cost To Be Assessed Per Parcel Parcel
63 $20,010.00 87 $230.00 408-160-042
Resolution No. 97/480
PART D
ENGINEER'S REPORT
CONTRA COSTA COUNTY
ASSESSMENT DISTRICT NO. 1979-3 (LL-2)
ZONE 63
METHOD OF APPORTIONMENT
OF ASSESSMENT
FISCAL YEAR 1998-1999
The assessment is levied upon the owners of properties as shown on the tax rolls with the assessments
being assigned by Assessor's Parcel Number.
The toal costs for operation of this landscape district, as detailed in Part B of the Engineer's Reprot
(Estimate of Cost Breakdown), areapportioned in accordance with the methodology that is consistent
with standard assessment engineering practices.
Trees, landscaping, hardscaping and irrigation facilities, if well maintained, provide beautification, shade
and enhancement of the desirability of the surroundings. The District enjoys a reputation for beauty, and
the landscape improvements along the thoroughfares enhance that reputation, providing special benefits
to all parcels in this District.
Improvements that provide a special benefit to all developed parcels of land locate within the boundaries
of the district are considered to be district-wide and the costs associated with these improvements are
assessed to all assessable developed parcels located within the boundaries of this District.
The method of apportionment of the assessments for Zone 63 (Subdivision 7903) will be apportioned
equally to all single-family parcels within this District benefitting from the special provided by this
District's landscape improvements.
Resolution No. 97/480
PART E
ENGINEER'S REPORT
CONTRA COSTA COUNTY
ASSESSMENT DISTRICT NO. 1979-3 (LL-2)
ZONE 63
ASSESSMENT DIAGRAM
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Resolution No. 97/480
Total Assessment/ Charge On Countywide Landscape District (LL-2) Zone
In the event that the proposed assessment is levied, the total amount chargeable to Countywide
Landscape District (LL-2) Zone 63 will be $230.00 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $230.00 in Fiscal Year 1998/99.
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 63 .
Resolution No. 97/480
• 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 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.
How Much is the Assessment?
For single family homes, the assessment will be $230.00 per year. The total amount levied by the assessment, with
regards to this development is approximately $20,10.00 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 provide and landscaping within the public right of way.
How 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 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 are counted.
Resolution No. 97/480
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 28, 1997 or you may hand carry your
ballot to the Public Hearing on October 28, 1997. 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 LL-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 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 Tuesday, October 28, 1997 at 11:00 a.m. in the Board 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.
Resolution No. 97/ 480
EXHIBIT D
Countywide Landscape District LL-2 Annexation
Ballot
Assessor's Parcel Nos.: 408-160-042 (Lots #1 - 87)
Annexation Of: Subdivision 7903
Record Owner: Community Housing Development Corporation
Address: PO Box 1625
Richmond, CA 94802
Yes, I approve of the proposed annual assessment of $230.00 on each of
the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of$230.00 on each
of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
Resolution No. 97/ 480
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"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 October 28, 1997, at
11:00 a.m., to consider comments of any interested person, either written
or oral, to the proposed annexation of Subdivision 7903, North Richmond
Area, to Countywide Landscaping District (LL-2), Zone 63. 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: September 9, 1997
By:
Deputy Shirley Casillas
Publication Dates:
October 14, 1997
g:TngSvc\SpDist\BOMaster\COBNotic.LL2
August 27,1997