HomeMy WebLinkAboutMINUTES - 01082008 - C.35 (4)TO:
FROM:
DATE:
BOARD OF SUPERVISORS
MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
January 8, 2008
on r�
Costa
County
SUBJECT: ADOPT Resolution No. 2008/,,/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation Preliminary Engineer's
Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 04-8830; declaring the intent to annex territory
into LL -2; authorizing noticing to the affected property owners and fixing a public hearing for February 26,
2008, Bay Point area. (Countywide Landscaping District (LL -2) Zone 22 Funds) (District V)
Project No. 4500-6X5244
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
Recommended Action:
ADOPT Resolution No. 2008/ initiating proceedings to annex territory into Countywide Landscaping District
1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation Preliminary Engineer's Report (Zones 22 &
74) Fiscal Year 2007/2008, Subdivision 04-8830; declaring the intent to annex territory into LL -2; authorizing
noticing to the affected property owners and fixing a public hearing for February 26, 2008.
FIX a Public Hearing for February 26, 2008 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.
DIRECT the Public Works Director, or designee, to mail by first class mail, a written notice and ballot to each
parcel owner within the development in compliance with Proposition 218.
DIRECT the Clerk of the Board of Supervisors to complete the required public notification in accordance with
the Section 6061 of the Government Code.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE'
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD
r 040*d4PPROVED AS RECOMMENDED ✓ OTHER
VOT OF SUPERVISORS
V/ UNANIMOUS (ABSENT—A40
AYES: NOES:
ABSENT: ABSTAIN:
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G:\SpDist\Board Orders\2008\Board Reso (Fixing) - SD04-8830_LL-2.doc
Orig. Div: Public Works (Special Districts)
Contact: Warren Lai (313-2180)
cc: County Administrator
Assessor
Auditor -Controller
County Counsel
Francisco & Associates, 130 Market Place, Suite 160, San Ramon, CA 94583
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.
ATTESTED: 4� J toz, .4 " 'o
JOHN CULLE lerk of the PAd of Supervisors and
County Administrator
�7���► '
By—
Deputy V
SUBJECT: ADOPT Resolution No. 2008/..3/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 04-8830;
declaring the intent to annex territory into LL -2; authorizing noticing * to the affected property
owners and fixing a public hearing for February 26, 2008, Bay Point area. (Countywide
Landscaping District (LL -2) Zone 22 Funds) (District V) Project No. 4500-6X5244
DATE: January 8, 2008
PAGE: 2
Fiscal Impact:
There is no impact to the County General Fund. All costs will be covered with revenue from Countywide
Landscaping District 1979-3 (LL -2) Zone 22.
Reasons for Recommendations and Background:
The developers are required as a Condition of Approval for their development to form a new Zone or annex to
one of the existing Zones of the Countywide Landscaping District 1979-3 (LL -2) for future maintenance of
public landscaping improvements which may include; median islands, border strips fronting public roads, parks,
trails and pedestrian paths. Subdivision 04-8830 is a 17 unit residential project located adjacent to the existing
Zone 22 and will contain improvements similar in nature to what already exists in Zone 22. Therefore it is
recommended that Subdivision 04-8830 be annexed to Zone 22 rather than form a new landscaping zone of
benefit.
The Landscaping and Lighting Act of 1972 requires that an Engineer's Report be prepared when annexing
territory into an existing assessment district. The Engineer's Report describes the improvements to be operated
and maintained within each benefit zone, identifies the modified boundaries and parcels located within each
benefit zone, establishes a budget and maximum assessment rate for each parcel within each benefit zone and
lists each individual parcel's assessment. The Act also requires that a public hearing be held to determine if
there is sufficient property owner support to annex the territory into LL -2. The Engineer's Report attached as
Appendix A to this Board Order will annex the new territory/development projects into the existing benefit
zones that were formed with previous Board actions.
Proposition No. 218 requires all new assessments receive voter approval, by property owner, prior to final
approval from the Board of Supervisors. The adoption of this resolution will trigger the minimum 45 -day
noticing and balloting period and mailing of these notices and ballots to the affected property owners.
Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 04-8830 and an
alternative 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 January 8, 2008 by the following vote:
AYES:
Gioia, Uilkema, Bonilla,
Glover and
Piepho
NOES:
None
ABSENT:
None
ABSTAIN:
None
RESOLUTION NO.2008/cl/
SUBJECT: ADOPT Resolution No. 2008/8/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 04-8830;
declaring the intent to annex territory into LL -2; authorizing noticing to the affected property
owners and fixing a public hearing for February 26, 2008, Bay Point area. (Countywide
Landscaping District (LL -2) Zone 22 Funds) (District V) Project No. 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Vesting Tentative Map 04-8830 (the "Development")
2. On February 23, 2007, the applicant for Subdivision 04-8830 submitted a request to the Department of
Public Works for inclusion of Subdivision 04-8830 into Countywide Landscape District 1979-3 (LL -2)
Zone 22. The County intends to initiate proceedings to annex the subdivision into LL -2 Zone 22
pursuant to that request.
3. Section 22607 of the California Streets and Highways Code provides that the annexation of territory
into an existing assessment district be conducted in accordance with the same procedures as the
formation of a new assessment district.
4. Section 22585 of the California Streets and Highways Code requires the Board to adopt a resolution
initiating the proceedings for the annexation of territory, into a Countywide Landscape District 1979-3
(LL -2) Zone 22, and further requires that the Board order the preparation and filing of an Engineer's
Report with the Clerk of the Board.
5. Section 22586 of the California Streets and Highways Code requires the Board to approve the
Engineer's Report annexing territory into Countywide Landscape District 1979-3 (LL -2) Zone 22 either
as filed or as modified.
JW:ab
G:\SpDist\Board Orders\2008\Board Reso (Fixing) - SD04-8830_LL-2.doc
Orig. Div: Public Works (Special Districts)
Contact: Warren Lai (313-2180)
cc: County Administrator
Assessor
Auditor -Controller
County Counsel
Francisco & Associates, 130 Market Place, Suite 160, San Ramon, CA 94583
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..
ATTESTED:
JOHN CULL , Cler�toard of Supervisors and County
Administrator
RESOLUTION NO. 2008/ t,5/
SUBJECT: ADOPT Resolution No. 2008/-4/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 04-8830;
declaring the intent to annex territory into LL -2; authorizing noticing to the affected property
owners and fixing a public hearing for February 26, 2008, Bay Point area. (Countywide
Landscaping District (LL -2) Zone 22 Funds) (District V) Project No. 4500-6X5244
DATE: January 8, 2008
PAGE: 2
6. Section 22587 of the California Streets and Highways Code requires the Board to adopt a resolution
declaring the intention to order the annexation of territory into Countywide Landscaping District 1979-3
(LL -2), to fix a public hearing regarding the annexation of territory into LL -2.
7. Section 22588 of the California Streets and Highways Code requires the Board to comply with the
notice, protest, and hearing procedures in Section 53753 of the Government Code.
NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS:
1. Pursuant to Section 22585 of the California Streets and Highways Code, the Board initiates the
annexation of territory into a Countywide Landscape District 1979-3 (LL -2) Zone 22, and further
requires that the Board order the preparation and filing of an Engineer's Report with the Clerk of the
Board.
2. The improvements to be made with in LL -2 are generally described as the operation, maintenance and
servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial
and collector streets and within other public areas as referenced in the Mid Year Annexation
Preliminary Engineer's Report for the Fiscal Year 2007/08 on file with the Public Works Director.
3. Pursuant to Section 22586 of the California Streets and Highways Code, the Board accepts the Mid Year
Annexation Preliminary Engineer's Report (Exhibit A) annexing territory into Countywide Landscape
District 1979-3 (LL -2) Zone 22. This report contains a full and detailed description of the
improvements, the boundaries of the assessment district and the. proposed assessments upon assessable
lots and parcels of land within the assessment district.
4. Based upon its review of the Mid Year Annexation Preliminary Engineers Report, the Board finds that:
(a) The special benefit financed by the assessments will directly benefit the parcels within each of
the zones.
(b) The cost of the proposed assessments within each zone is proportional to the benefits that the
special benefit will confer on each parcel.
RESOLUTION NO.2008/.1/
SUBJECT: ADOPT Resolution No. 2008/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 04-8830;
declaring the intent to annex territory into LL -2; authorizing noticing to the affected property
owners and fixing a public hearing for February 26, 2008, Bay Point area. (Countywide
Landscaping District (LL -2) Zone 22 Funds) (District V) Project No. 4500-6X5244
DATE: January 8, 2008
PAGE: 3
5. Pursuant to Section 22587 of the California Streets and Highways Code, the Board declares the intention
to order the annexation of territory into Countywide Landscaping District 1979-3 (LL -2).
6. Pursuant to Section 22588 of the California Streets and Highways Code the Board directs the Clerk of
the Board to immediately provide the Public Works Department of Contra Costa County with a copy of
this resolution. The Board directs the Public Works Director, or their designee to mail the written
notice of the Hearing (the "Ballot Notice") and ballots to each of the record owners of each parcel
within the developments.
7. The Board will conduct a public hearing (the "Hearing") on February 26, 2008 at 9:30 a.m. in Room
107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
8. At the Hearing, the Board shall consider any objections or protests to the Assessment. Immediately
after the Hearing, the Public Works Department shall tabulate the ballots 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.
9. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Mid Year
2007/2008 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 Annexation Report for the Assessment; confirms the
Annexation Report; and levies the Assessment for the Fiscal Year referred to in the Engineer's Report.
RESOLUTION NO. 2008/ al
EXHIBIT A
ENGINEER'S REPORT
RESOLUTION NO. 2008/
"CCT Legals"
;c <cctlegals@bayareanewsgro
up.com>
01/08/2008 02:52 PM
CCT 2650107
2/15
$60.20
Regards,
To "Emelda Sharp" <EShar@cob.cccounty.us>
cc
bcc
Subject RE: PUBLIC HEARING TO LL -2, MID YEAR ZONE 22,
SUBD. 04-8830
Jennifer Watters
Legal Advertising
Contra Costa Times - Concord Transcript - Lamorinda SUN
ph: 925.943.8019
fx: 925.952.5019
From: Emelda Sharp [mailto:EShar@cob.cccounty.us]
Sent: Tue 1/8/2008 1:24 PM
To: CCT Legals
Subject: PUBLIC HEARING TO LL -2, MID YEAR ZONE 22, SUBD. 04-8830
Dear Jennifer,
Please publish the above Public Hearing in your Contra Costa Time
on February 15, 2008, under our Ref. No. 2126, regarding Hearing to LL2, Mid
Year Annexation Preliminary Engrs Report Zone 22, Subd. 04-8830, Bay Point.
Thanks for your attention
(See attached file: MID YEAR ANNEXATION PRELIMINARY ENG'S REPORT ZONE 22 SUBD.
04-8830.doc)
651 PINE STREET, RM. 106
MARTINEZ, CA 94553
MAIN LINE 925-335-1900
FAX NO. 925-335-1913
DIRECT LINE 925-335-1903
Emelda L. Sharp
Clerk of the Board
`f'`''• LEGAL PUBLICATION REQUISITION
Contra Costa County VV
rT'q Cous
FROM: Clerk of the Board
651 Pine St., Room 106
Pine Street, Martinez 94553
Requested by: EMY L. SHARP
Phone No.: 925-335-1903
Org.
Sub Object: 2190
Publication Date (s)
LEGAL PUBLICATION
FEBRUARY 15, 2008
TO:
Contra Costa Times
P.O. Box 4718
Walnut Creek, CA 94596
E-MAIL:
cctlegals@cctimes.com
FAX No.
925-943-8359
Date: JANUARY 08, 2008
Reference
No.: OZ146
Task: SAS
Activity:
No. of P ages : (2 )
NOTICE OF PUBLIC HEARING TO THE LL -2, MID YEAR
ANNEXATION PRELIMINARY ENG`S REPORT zONE 22,
SUBD. #04-8830, BAY POINT area,(District V)
e-mail
** Immediately upon expiration of publication, ***
send in one affidavit for each publication in
order that the auditor may be authorized to pay you bill.
Authorized Signature
Please confirm date of publication and receipt of this fax.
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Glacier Drive
Martinez, Ca 94553
NOTICE OF PUBLIC HEARING
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 February 26, 2008 at 9:30 a.m., to consider comments of any interested
person, either written or oral, to the Mid -Year Annexation Preliminary Engineer's Report
(Zones 22 & 74) Fiscal Year 2007/2008 and consider levying an assessment for parcels to
be included and certify the tabulation of the ballots submitted for the proposed assessment,
Bay Point area.
ATTESTED: JANUARY 08, 2008
By EMY L. SHARP , Deputy
PUBLICATION DATES:
FEBRUARY 15, 2008
PUBLICATION REQUEST
TO: Jane Pennington, Chief, Cleric of the Board
Attn: Emy Sharp, Deputy Cleric, Cleric of the Board
eshar(i,cob.co.contra-costa.ca.us
FROM: Warren Lai
Public Works Department
(92.5) 313-2180
BOARD MTG. DATE: January 8, 2008
PREVIOUSLY APPROVED BY SOS ON: N/A
HEARING DATE: February 26, 2008
PUBLICATION DATES: February 15, 2008
REQUESTED PUBLISHING PAPER(S): Contra Costa Times
Do not tvpe below this line — Publication language on following page
"Angela Bell"
&4IIIAL <abell@pw.cccounty.us>
12/18/2007 09:30 AM
Good morning,
To <eshar@cob.cccounty.us>
cc "Joellen Waters" <jwate@pw.cccounty.us>
bcc
Subject Special Districts Hearing Confirmations for
2/26/08 -REVISION
The first item on your Hearing confirmation sheet, needed to be split because they are in two separate
districts. I am attaching a revised form, one for each. Please note that they both need to published.
Please contact me with any questions.
Angela Bell
Senior Clerk
Contra Costa County Public Works
Engineering Services
Special Districts/ Environmental Sections
925-313-2170
special Districts Hearing Conf. 2-268 revision.pdf
HEARING CONFIRMATION FORM
Hearing Date: February 26, 2008 at 9:30 a.m.
Name of Person Phoning to Request Hearing: Angela Bell Phone No.: 313-2170
Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff
on: 12/11/07 and REVISON 12/18/07.
Agenda Language (how it will read on the calendar):
ADOPT Resolution No. 2008/*** initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL -2), Zone 22; accepting the LL -2 Mid -Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 04-8830;
declaring the intent to annex territory into LL -2; authorizing noticing to the affected property
owners and fixing a public hearing for February 26, 2008, Bay Point area. (District V) Project No.
4500-6X5244.
Anticipated length of the hearing: 5 minutes or less X or more
Is it controversial? Yes No X
Noticing Requirements: Code Section 6066
Publication Requirements: # of times 1 # of days before hearing 7
Who is to Publish the Notice? COB X PWD N/A
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by
Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of
Supervisors.
If posting of notice is required, who will post? N/A
If mailing the notice is required, who will provide the clerk with the correct mailing list and labels?
N/A
When will this "fix hearing item" be listed on the Board agenda as a consent item?
January S. 2008
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G:\SpDist\CSA L -t MAnnexations\Forms\Board Reso (Firing) - Form.doc
cc: J. Waters, Administration