HomeMy WebLinkAboutMINUTES - 01082008 - C.36 TO: BOARD OF SUPERVISORS ==s L '°� o ra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR - Costa
DATE: January 8, 2008 °°sra- :c�`�
County
SUBJECT: ADOPT Resolution No. 2008/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 74; accepting the LL-2 Mid-Year Annexation Preliminary Engineer's
Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 05-8938; 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,North Richmond area. (Countywide Landscaping District (LL-2) Zone 74 Funds) (District 1)
Project No. 4500-6X5244
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommended Action:
ADOPT Resolution No. 2008/3Z, initiating proceedings to annex territory into Countywide Landscaping
District 1979-3 (LL-2), Zone 74; accepting the LL-2 Mid-Year Annexation Preliminary Engineer's Report
(Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 05-8938; 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:
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_AcFPROVE THER
r
SIGNATURES
ACTION OF B O 9f� i0&4dAPPROVED AS RECOMMENDED_OTHER
VO OF SUPERVISORS I hereby certify that this is a true and correct copy of an
UNANIMOUS(ABSENT /'a' ) action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
JW:ab ATTESTED: S;4,n� or �
G:\SpDist\CSA L-100\Annexations\Forms\Board Reso(Fixing)-Form.doc
Orig.Div:Public Works(Special Districts) JOHN CULLE lerk of the&oard of Supervisors and
Contact: Warren Lai(313-2180) County Administrator
cc: County Administrator
Assessor
Auditor-Controller By
County Counsel Deputy
Francisco&Associates,130 Market Place,Suite 160,San Ramon,CA 94583
SVBJEC'T: ADOPT Resolution No. 2008/,�Z initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 74; accepting the LL-2 Mid-Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 05-8938;
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, North Richmond area. (Countywide
Landscaping District(LL-2) Zone 74 Funds) (District I) 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 74.
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 05-8938 is a 355 unit residential project located adjacent to the existing
Zone 74 and will contain improvements similar in nature to what already exists in Zone 74. Therefore it is
recommended that Subdivision 05-8938 be annexed to Zone 74 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 05-8938 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/
SUBJECT: ADOPT Resolution No. 2008/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 74; accepting the LL-2 Mid-Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 05-8938;
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, North Richmond area. (Countywide
Landscaping District(LL-2) Zone 74 Funds) (District I) Project No. 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Vesting Tentative Map 05-8938 (the "Development").
2. On October 4, 2007, the applicant for Subdivision 05-8938 submitted a request to the Department of
Public Works for inclusion of Subdivision 05-8938 into Countywide Landscape District 1979-3 (LL-2)
Zone 74. The County intends to initiate proceedings to annex the subdivision into LL-2 Zone 74
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 74, 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 74 either
as filed or as modified.
JW:
G:\SpDist\Board Orders\2008\Board Reso(Fixing)-SD05-8938_LL-2.doc
Orig.Div: Public Works(Special Districts)
Contact: Warren Lai (313-2180) I hereby certify that this is a true and correct copy of an action
cc: County Administrator
Assessor taken and entered on the minutes of the Board of Supervisors on
Auditor-Controller the date shown.
County Counsel
Francisco&Associates,130 Market Place,Suite 160,San Ramon,CA 94583 d O
ATTESTED: ioeAIAW F"'
JOHN CULLU9,Clerk of the oard of Supervisors and County
Administrator
By ,Deputy
RESOLUTION NO. 2008/ e-4-_
SUBJECT: ADOPT Resolution No. 2008/ .41 initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 74; accepting the LL-2 Mid-Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 05-8938;
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, North Richmond area. (Countywide
Landscaping District (LL-2)Zone 74 Funds) (District I) 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 74, 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 74. 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/ 3aZ
SUBJECT: ADOPT Resolution No. 2008/..?-'7— initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 74; accepting the LL-2 Mid-Year Annexation
Preliminary Engineer's Report (Zones 22 & 74) Fiscal Year 2007/2008, Subdivision 05-8938;
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, North Richmond area. (Countywide
Landscaping District (LL-2)Zone 74 Funds) (District I) 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/,C.
EXHIBIT A
ENGINEER'S REPORT
RESOLUTION NO. 2008/.3.?;
"CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us>
«►.` •` <cctlegals@bayareanewsgro cc
up.com>
01/08/2008 02:57 PM bcc
Subject RE: NOTICE OF PUBLIC HEARING TO LL-2, MID YEAR
ANNEXATION,ZONE 74, SUBD.#05-8938
CCT 2650123
2/15
$61.60
Regards,
Jennifer Watters
Legal Advertising
Contra Costa Times - Concord Transcript-Lamorinda SUN
ph: 925.943.8019
fx: 925.952.5019
From: Emelda Sharp [ma i Ito:EShar@cob.cccounty.us]
Sent: Tue 1/8/2008 1:35 PM
To: CCT Legals
Subject: NOTICE OF PUBLIC HEARING TO LL-2, MID YEAR ANNEXATION, ZONE 74, SUBD. #05-8938
Dear Jennifer,
Please publish the above Notice of Public Hearing to LL-2, Mid Year Annexation
Zone 74, Subd.No. 05-8938, on your Contra Costa Times,under our Ref.No. 2127, on
February 15,2008.
Thanks.
(See attached file: MID YEAR ANNEXATION PRE. ENG'S REPORT ZONE 74 SUBD. 05-8938.doc)
651 PINE STREET,RM.2106
MAIN LINE 925-335-1900
DIRECT LINE 925-335-1903
FAX NO. 925-335-1913
Emelda L. Sharp
Clerk of the Board
t�P
lY_F.JP'zlpa.
- `: LEGAL PUBLICATION REQUISITION 6, 1
Contra Costa County Q
FROM: Clerk of the Board TO: Contra Costa Times
651 Pine St., Room 106 P.O. Box 4718
Pine Street, Martinez 94553 Walnut Creek, CA 94596
E-MAIL: cctlegals@cctimes.com
FAX No. 925-943-8359
Requested by: EMY L. SHARP Date: JANUARY 08, 2008
Phone No.: 925-335-1903 Reference No.: VV'2-7-
g•
Or Sub Object: 2190 Task: SAS Activity:
Publication Date (s) FEBRUARY 15, 200-8
No. of Pages: (2)
LEGAL PUBLICATION NOTICE OF PUBLIC HEARING TO THE LL-2, MID YEAR
ANNEXATION PRELIMINARY ENG'S REPORT ZONE 74,
SUBD. # 05-8938, N. RICHMOND area(District I)
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 A 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 (Zone 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,N. Richmond area.
ATTESTED: JANUARY 08, 2008
By EMY L. SHARP , Deputy
PUBLICATION DATES:
FEBRUARY 15,2008
PUBLICATION REQUEST
TO: Jane Pennington, Chief, Clerk of the Board
Attn: Emy Sharp; Deputy Clerk, Clerk of the Board
eshar i ,cob.co.contra-costa.ca.us
FROM: Warren Lai
Public Works Department
(925) 313-2180
BOARD MTG. DATE: January 8, 2008
PREVIOUSLY APPROVED BY BOS ON: N/A
HEARING DATE: February 26, 2008
PUBLICATION DATES: February 15, 2008
REQUESTED PUBLISHING PAPER(S): Contra Costa Times
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