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Home My WebLink AboutRESOLUTIONS - 01011997 - 1997-289 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 3, 1997 , by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Caneiamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 971289 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 49, SUBDIVISION 7003, OAKLEY AREA. The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Subdivision 7003 (the"Development") consisting of twelve (12) parcels, more specifically described in Exhibit A. 2. On April 29, 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 49. The County intends to initiate proceedings to annex the Development into Countywide Landscaping District (LL-2) Zone 49 pursuant to that request. 3. Once the Development is annexed into Countywide Landscaping District (LL-2) Zone 49, 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 49 for Fiscal Year 1997198 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 49 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. RESOLUTION NO. 97/ 289 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing") on July 22, 1997 at 10:30 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 "Notice") attached as Exhibit C to the record owners of each pared within the development. The ballot (the "Ballot") attached as Exhibit D and the Engineer's Report shall be attached to the Notice. 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. SE:JR:cs g:1EngSvc\SpDlstUL-2Res Orig.[Dept.: Public works Department(Special Districts) Contact: Skip County Adm,313-2253 3 i hwdN on*ow so it a Was W4 eeneat cc: u Administrator Mapes d� an =070, AssessAuditor-Controller If1ffamD: Jam,,:" Community Development of s �o clerk r wdbm County counsel , RESOLUTION NO. 97/ 289 EXHIBIT A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 Assessment Diagram of Subdivision 7003 and Property Owner's List RESOLUTION NO. 97/ 289 Exhibit ASSESSMENT DIAGRAM OF SUBDIVISION 7003 CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 PARt'.EL A 3`j pt!_:;t_ '_�_ PARCEL A 34 Fat:9 "SR to i4 .x .90'.I ON tt GTRC STA CA STA COUNTY r x. _ A t N i4•Irx v Ytt: PICO Sx IRM 4;6312 OR 3SW N AMB R WOD M" +41`S7'ti` N N'IYt#"V S•Swf Cf I f Yf /! 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RESOLUTION NO. 971 289 Exhibit A ASSESSMENT DIAGRAM OF SUBDIVISION 7003 CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 Property Owner's List L t N�umb0 A$$e$**. S Parco.l Nur arb- ner s Na ne:Acldr�s 1 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 2 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 3 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 4 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 5 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 5 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 7 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 8 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 9 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 10 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 11 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 12 041-100-023 West Coast Home Builders 4021 Port Chicago Highway Concord, CA 94524 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. Twelve (12) Class A, Single Dwelling Units RESOLUTION NO. 97/ 289 EXHIBIT B ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49 FOR FISCAL YEAR 1997/98 RESOLUTION NO. 97/289 Total Assessment/ Chase On Countywide Landscape Dis ct (LL-2)Zone 49 In the event that the proposed assessment is levied, the total amount chargeable to Countywide Landscape District (LL-2) Zone 49 will be $138.00 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed $138.00 in Fiscal Year 1997/98. Methodoloav 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 49. (RESOLUTION NO. 97/289 EXHIBIT C NOTICE IS HEREBY GIVEN THAT: The County of Contra Costs is currently processing Subdivision 7003, consisting of the twelve (12) parcels described in Exhibit A. On April 29, 1996, the owner of these parcels submitted a request to the County Department of Public Works to annex them into Countywide Landscape District (LL-2)Zone 49. In anticipation of this annexation on June 3, 1997, the Board of Supervisors adopted Resolution 971289 fixing a public hearing to consider levying an assessment (the "Assessment") on these parcels. Exhibit B, The Engineer's Report to the Board of Supervisors for Establishing a Countywide Landscaping District (LL-2)Zone 49 includes (1) the total amount that will be chargeable to Countywide Landscape District (LL-2) Zone 49 if the assessment is adopted; (2) the amount that will be chargeable to the property you own, as identified in exhibit A; (3)the methodology upon which the Assessment is based; and (4) the duration of the Assessment. The Board of Supervisors will conduct a public hearing to consider levying the Assessment (the "Hearing") on July 22, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Hearing, the Board of Supervisors will consider all protests against the Assessment and tabulate the ballots. Procedures for tabulating. completing and returning ballots: The Board will not impose the Assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the Hearing, the total amount of the Assessments chargeable to parcels whose owners submit ballots in opposition to the Assessment exceed the total amount of the Assessments chargeable to parcels whose owners submit ballots in favor of the Assessment. A ballot is attached to this notice. The ballot may be completed and mailed to the Contra Costa County Department of Public Works, Special Districts, 255 Glacier Drive, Martinez, California 94553, The Ballot must be received by the Department of Public Works on July 22, 1997. Immediately before the Hearing, the Board of Supervisors shall consider any objections or protests to the Assessment and certify the tabulation of the ballots. The Board of Supervisors will not impose the Assessment if there is a majority protest. RESOLUTION NO. 97/ 289 EXHIBIT D Ballot Assessor's Parcel Nos.: (The Assessor's parcel numbers will be provided to the Public Works Department as soon as they are available.) Record Owner: West Coast Home Builders Address: 4021 Port Chicago Highway Concord, CA 94524 Yes, I approve of the proposed annual assessment of $138.00 on each of parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$138.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. RESOLUTION NO. 97/ 289 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC FORKS DIRECTOR DATE: JUNE 3, 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 49, SUBDIVISION 7003, OAKLEY AREA &0 5023) Specinc Requests)or Recommendadon(s)&Background&Jmfincation I. Recommended Action: 1. ADOPT the Resolution accepting the Engineer's Report for a landscaping assessment on parcels in Subdivision 7003 to be annexed into Countywide Landscaping District (LL-2)Zone 49. 2. FIX a Public Hearing for July 22, 1997 at 10:30 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. 4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with Section 6061 of the Government Code. H. Financial Impact: 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 49. III. 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 49 for maintenance and operation of those facilities. 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. G nUMW 2n attachment: X Yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATCTREIS): / ACTION OF BOARD ON: G' 3 ! /119�_ APPROVED AS RECOMMENDED i/ OTHER VO OF SUPERVISORS UNANIMOUS(ABSENT---) AYES: NOES: ABSENT: ABSTAIN: SE:JR:cs g:1En iSpDixMoned9 3.6.0 Skip Epporly,(510)313-2253 O ig.Div.: P`9V(Special Districts) cc: County Administrator 1 hereby so*that dit Y a ttO and oarsot espy d �n soon taken and snowed on the mkmisa of"1110 Auditor-Ca*olltn ■j of gaps :+ms on IM lCon De" nw otsJstqunrgn.-7 County Counsel lopt 7 of- tM gup«vaor..pa SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A FEARING TO CONSIDER LEVYING AN ASSESSN4ENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2)ZONE 49. DATE: JUNE 3, 1997 PAGE -2- IV. Conseauences of Negative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 7003, and an alternative means to finance public right of way landscaping would have to be found.