HomeMy WebLinkAboutMINUTES - 12102002 - C10 119
TO: BOARD OF SUPERVISORSV;Z6
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: December 10, 2002
SUBJECT: ADOPT Resolution No. 2002/750 accepting the Engineer's Report and fixing February 11, 2003 at 9:30
a.m. for a public hearing to consider levying assessments on a parcel in Subdivision 8456 to be annexed
to Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2)Zone 35 and to consider the
re-assessment of Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 35, Byron area.
District III) (W05586)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
750
1. ADOPT Resolution No. 2002/ accepting the attached Engineer's Report for a landscaping assessment
on a parcel in Subdivision 8456 to be annexed into Countywide Landscaping District(LL-2)Zone 35 and
the re-assessment of Countywide Landscaping District(LL-2)Zone 35,Byron area.
2. FIXING February 11, 2003 at 9:30 a.m. for a Public Hearing 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 re-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 Subdivision 8456 and existing Zone 35 in compliance with Proposition 218.
Continued on Attachment:X SIGNATURE:
_RECOMMENDATION OF BOARD COMMITTEE ,9
PROVE OTHER
i
SIGNATURES : `� ,
ACTION OF BO ON DEC. 10 y 2 0 PROVED AS RECOMMENDED OTHER
'4
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1 I hereby certifythat this is a true and correct copy of an action
AYES: NOES: taken and entered on the minutes of the Board of Supervisors on
ABSENT: 1 T ABSTAIN: the date shown.
,jr:sr ATTESTED:ADCEMBER 10 2002
G:\GrpData\SpDist\Board Orders\2002\12 December\12-10-02 BO-SUB 8456.doe JOHN SWEEerk of the Board of Supervisors and
Contact: Skip Epperly(313-2253) County Admi
cc: County Administrator
Assessor
Community
B
Community Development y
County Counsel Deputy
J.Rushton,Special Districts
SUBJECT: ADOPT Resolution No. 2002/*** accepting the Engineer's Report and fixing February 11, 2003 at 9:30
a.m. for a public hearing to consider levying assessments on a parcel in Subdivision 8456 to be annexed
to Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2)Zone 35 and to consider the
re-assessment of Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 35, Byron area.
District III} (WO5586)
BATE: December 10, 2002
PAGE: 2
H. Financiallmnact:
There will be no financial impact to the County General Fund. All costs will be covered with revenue from the
LL-2 Zone 35.
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) Zone 35 for
maintenance and operation of those facilities. Due to the increased maintenance costs involved in maintaining the
Pedestrian/Bicycle Trial Easement and the inclusion of additional center median island landscaping,the Board of
Supervisors proposes to increase the maximum assessment rate in Zone 35. 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.
IV. Consequences of Negative Action:
Funds will not be available to maintain the landscaping and other improvements therefore this project will not be
able to proceed.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 10, 2002,by the following vote:
AYES: SUPERVISORS GERBER, DESAULNIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: SUPERVISOR UILKEMA
ABSTAIN: NONE 750 RESOLUTION NO.2002/ 750
SUBJECT: Adopt Resolution No. 2002/ accepting the engineer's report and fixing February 11, 2003 at 9:30 a.m.
for a public hearing to consider levying assessments for a parcel in Subdivision 8456 to be annexed to
Countywide Landscaping District, Zone 35 and the re-assessment of Countywide Landscaping District
(LL-2)Zone 35.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing SD008456, Offer of Dedication for Pedestrian/Bicycle Trail Easement
(the"Development")consisting of 1 parcel,more specifically described in Exhibit A.
2. In addition, due to the annexation of the Development's Pedestrian/Bicycle Trail Easement and additional
center median island landscaping facilities, the Board of Supervisors proposes to increase the maximum
assessment rate in Zone 35 to be effective for FY2003-04. Therefore,the parcels within the existing Zone 35
will need to comply with Proposition 218 with a ballot and notice process. A summary of the current and
proposed assessments is attached as Exhibit B.
3. On December 7, 2001 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 35 to be
effective for FY2003-04. The County intends to initiate proceedings to annex the Development into
Countywide Landscaping District(LL-2)Zone 35 pursuant to that request.
4. Once the Development is annexed into Countywide Landscaping District (LL-2) Zone 35, the parcel(s)
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 and the Landscaping
and Lighting Act of 1972.
5. In order to fund the Extended Services 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 XIIID of the California Constitution because it is conferred to provide special
benefit, defined above,to the parcels within the Zone.
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 each parcel.
,jr:sr I hereby certify that this is a true and correct copy of an action taken
G:\GrpData\SpDist\Board Orders\2002\12 December\12-10-02 BO-SUB 8456.doc and entered on the minutes of the Board of Supervisors on the date
Contact: Skip Epperly(313-2253) shown.
County Administrator
Audioor
Auditor-Controller ATTESTED: DECEMBER 10, 2002
r�
Community Development
County Counsel JOHN SWEETEN,Clerk of the Board of Supervisors and County
J.Rushton,sp.Dist. Administrator
By Deputy
RESOLUTION NO.2002/ 7 5 0
SUBJECT: Adopt Resolution No. 2002/750
5 accepting the engineer's report and fixing February 11, 2003 at 9:30 a.m.
for a public hearing to consider levying assessments for a parcel in Subdivision 8456 to be annexed to
Countywide Landscaping District, Zone 35 and to consider the re-assessment of Countywide
Landscaping District(LL-2)Zone 35.
DATE: December 10,2002
PAGE: 2
Now,therefore the Board of Supervisors ORDERS and RESOLVES as follows:
1. The Board will conduct a public hearing(the "Hearing") on February 11, 2003 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 and existing Zone 35. 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 N0. 2002/750
EXHIBIT A
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPE DISTRICT(LL-2)ZONE 35
Annexation to Zone 35 Property Owner's List
Parcel Assessor's Parcel Number Owner's Name/Address
1 008-010-029 New Discovery Inc.
380 Galaxy Way
Concord,CA 94522
Re-Assessment of Zone 35 Property Owner's List
Parcel Assessor's Parcel Number Owner's Name/Address
011-220-030 Byron Seventy-Eight
1 through 4 011-220-031 450— 1090 W Georgia Street
011-220-032 Vancouver,BC V6E 3V7
011-220-033 Canada
**** 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.
Each parcel will be assessed 1_0 Equivalent Dwelling Unit/Acre or any portion thereof up to a maximum of 3 acre plus
Consumer Price Index.
EXHIBIT D
ENGINEER'S REPORT
LANDSCAPE SERVICE CHARGE
COUNTYWIDE LANDSCAPE DISTRICT (LL-2)
FISCAL YEAR 2002/2003
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 XlOD, 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, registered in the State of
California.
Dated: By:
Heather Ballenger
Assistant Public Works Director
RCE No.
'7
EXHIBIT B
PLANS AND SPECIFICATIONS
FOR THE COUNTY OF CONTRA COSTA
COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 35
Fiscal Year 2003-04
The facilities which have been constructed within the County of Contra Costa, and those which may be subsequently
constructed,will be operated,maintained 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), pedestrian trail/bridge 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
Landscanine
The landscaping facilities consist of, but are not limited to: Landscaping planting, shrubbery, trees, irrigation systems,
hardscapes,pedestrian/bicycle trail, footbridge,medians and appurtenant facilities located within the public right-of-ways
and designed easements within the boundaries of said Assessment District.
The following table is an estimated square footage of the improvements that are being operated, maintained and service
throughout Zone 35.
EXH187T B
DESCRIPTION OF IMPROVEMENTS
FOR THE CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)ZONE 35
FISCAL YEAR 2003/2004
Description of Improvements Quantity Unit
Pedestrian Trail
Paving 3"AC/8"AB 12400 SF
Paving(Special Section 1600 SF
Shoulder Backing 7000 SF
Concrete Header 3500 LF
8"Drain Pie 30 LF
Foot Bridge 8'x 40'Delivered&Installed 1 EA
Foot Bridge 8'x 80'Delivered&Installed 1 EA
Footings,Anchors Abutments 4 EA
Bollards-Quick Crete Removable 6 EA
10 Year Slur Seal
Trail Slurry Seal 14000 SF
Blxier Medians
PCC Paving_ 5180 SF
Trees 24"Box 12 EA
Root Barrier 12 EA
Shrubs 1 Gallon 1031 EA
Mulch 5014 SF
Irrigation Controllers Valves Main Line 2 LS
Irrigation Laterals and Heads 258 EA
Trail Easement 27500 SF
Median Planting 5014 SF
Median Trees 12 EA
Median Landscape 5180 SF
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EXHIBIT B
ASSESSMENT DIAGRAM OF
CONTRA COSTA COUNTY
COUNTY WIDE LANDSCAPING DISTRICT
LL-2 ZONE 35
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EXHIBIT B
ASSESSMENT ROLL
FISCAL YEAR 2003-2004
Assessor's Parcel Number Assessment Amount
008-010-029 $719995
011-220-030 $8,783.%
011-220-031 $21,599.90
011-220-032 521599.90
011-220-033 $0,00
Total Number of Parcels• 5 Total Assessment $59183,72
EXHIBIT B
Total Assessment/Chane 4n Countywide Landscape District(LL-2)Zone 35
Assessment an Each Parcel
Each parcel described by Exhibit A shall be assessed: $7199.96 for APN 008-010-029, $8,783.96 for APN 011-220-
030, $21,599.90 for APN 011-220-031, $21,599.90 for APN 011-220-032, and $0.00 for APN 011-220-033 in Fiscal Year
200312004.
Methodology for Calculating LandscatiingAssessments
In the event that the proposed assessment is levied, the total amount chargeable to
Countywide Landscape District (LL-2) Zone 35 will be $7,199.97 per eligible acre plus
CPI.
The "benefit received" is based on upon the Equivalent Dwelling Unit (EDU) factor
per acre. 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) unforeseen expenses such as utility rate increases, and (5) maintenance
including replacement costs of the improvements. The assessment revenue is used to
pay for the total costs of operating the Landscape District and those casts are
apportioned among the various parcels in the Countywide Landscape District (LL-2)
Zone 35.
EXHIBIT C 17
BALLOT NOTICE
Why did you receive this Fallot?
The passage of Proposition 218 requires a vote on all new assessments that will be used to pay for the cost of
constructing, operating, maintaining and servicing public landscaping in the Countywide Landscaping District
(LL-2)Zone 35.
How Much is the Assessment?
The assessment will be $7,199.97 per EDU/acre per year. The total amount levied by the assessment, with
regards to this development is approximately$59,183.72 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 maintain landscaping within the public right of way.
How was my Assessment Calculated?
The total cost to provide and maintain landscaping 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 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 January 13, 2003 or you may hand
carry your ballot to the Public Hearing on February 11, 2003. Ballots received atter 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(s) identified herein which is located within
the Countywide Landscape District (LL-2) Zone 35. The ballot may be used to express either support for or
opposition to the proposed Countywide Landscape District (LL-2) Zone 35. 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 Nearing
The hearing will be held on February 11, 2003 at 9.30 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.
Total Assessment)Charge 4n LL-2
In the event that the proposed assessment is levied, the total amount chargeable to LL-2 Zone 35 will be
$7,199.97 per EDU/acre per year.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $7,199.97 per equivalent dwelling unit per acre in Fiscal
Year 2003/04. This assessment rate may be increased annually based upon the previous year's change in the
Consumer Price Index (CPI) for the San Francisco Bay Area All Urban Consumers. The base CPI will be the
rate set on June 30, 2003 by the Bureau of Labor and Statistics.
EXHIBIT D
Countywide Landscape District Annexation
.Ballot
Assessor's Parcel Nos.: 008-010-029
Annexation of. ZONE 35
Record Owner: New Discovery Inc.
380 Galaxy Way
Concord, CA 94522
Yes, I approve of the proposed annual assessment of$7,199.96 on each of
the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of$7,199.96 on
each of these parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
EXHIBIT D
Countywide Landscape District Annexation
.Ballot
Assessor's Parcel Nos.. 011-224-030
011-220-031
011-220-032
011-220-033
Annexation of. ZONE 35
Record Owner: Byron Seventy-Eight
454— 1090 W Georgia Street
Vancouver,BC WE 3V7
Canada
Yes, I approve of the proposed annual assessment of the $8,783.96 for
APN 011-220-030, $21,599.90 for APN 011-220-031, $21,599.90 for
APN 011-220-032, and $0.00 for APN 011-220-033 on each of the parcels
identified in this ballot.
No, I do not approve of the proposed annual assessment of the $8,783.96
for APN 011-220-030, $21,599.90 for APN 011-220-031, $21,599.90 for
APN 011-220-032, and $0.00 for APN 011-220-033 on each of these
parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date