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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-124 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 17, 1998, by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98) 124 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 67. The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing (the "Development") consisting of 214 parcels, more specifically described in Exhibit A. 2. On February 18, 1998 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 67. The County intends to initiate proceedings to annex the Development into Countywide Landscaping District(LL-2)Zone 67 Pursuant to that request. 3. Once the Development is annexed into Countywide Landscaping District(LL-2)Zone 67,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 and the Landscaping and Lighting Act of 1972. 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 67 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 67 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 May 5, 1998 at 2:00 p.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. 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. 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. SE Mcs S:\SrrpdateVpdist\bolmarchlwne67.wpd I hereby certify that this is a true and correct Orifi.Dept.: Public Works Department(Special Districts) copy of an action taken and entered on the contact: Skip Epperly,313-2253 minutes of the Board of Supervisors on the u: County Administrator Asse sor date shown. Auditor-Controller Community Development pment ATTESTED. March 17• IL 98 county Counsel PHIL BATCHELOR, Clerk of the Berard of Supervisors and County Administrator By�.-- .s4.£l l Deputy Resolution No. 98J 124 EXHIBIT A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 67 Assessment Diagram of Subdivision 7657 and Property Owner's List Resolution No. 98A24 ASSESSMENT DIAGRAM OF SUBDIVISION 7657 Contra Costa County Countywide Landscaping District (LL-2) Zone 67 ,NW cm,5EC 35 4_5 C" b'A515 OF FEARIA165 N 114 COP, 5EC 35 fh NORTH t JNE OE SECTION 35 lAURE1 ROAD n CDLWJY RdCd LDY7A'u1 P L.9.. b B:KM J61/9 OY'I'G B!! 1 b 5 00'.5171"W 1164.79' i` C 6914'4,''E 535.1E' 05 LSAN V ti I�l A'697447W 6,7760 aT&I I'L5 -__ �Nurz B5B`+dT rr<s � a; N 892301 Nl 7710' i Z Id .. i t k.1 SLPd A•c 16}-7: l+. lAFC17S F d'C a � Xr'XBMY>' l3-tUll-YM c� O LI) �— -— — — — — _W —.- �g LAN S C4RPENTER ROAD IV 89"2257""io' 55.5.38' 22.51 V�` 1ES ¢F Jr' 1/4 COQ 5EC 35 Qp ND.LS 8925 .9/3rh+i IDELLECCI & ASSOCIATES INC.'{LE ov97097PLI SHEET I Of 1 aoa' 1CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING 12290 DIAMOND BLVD_SSU TE685-4569 100 CONCORD CA. 94520 EX �(i H I B I T B Resolution No. 98/ 124 Exhibit A CONTRA COSTA COUNTY COUNTYWIDE .LANDSCAPING DISTRICT (LL-2) ZONE 67 Property Owner's List Lot Number Assessor's`iarcet Number Owuers NamelA+ dress 034-010-006, 007, 023, 024; 034-020-006 Spare-Time Inc. 1 Through 214 7919 Folsom Blvd. #150 Sacramento, Ca. 95826 **** 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. Resolution No. 98/124 EXHIBIT-B ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 67 FOR FISCAL YEAR 1998199 Resolution No. 9$/124 PLANS AND SPECIFICATIONS FOR THE COUNTY OF CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 67 Fiscal Year 1998-99 The facilities which have been constructed within the County of Contra Costa,and these 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), 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 Landscaping The landscaping facilities consist of, but are not limited to: Landscaping planting,shrubbery,trees, irrigation systems,hardscapes,sidewalks,and appurtenant facilities located within the public right-of-ways,parkways,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 67. RIGHT bF WAS'" IMPRO VVEMENT AREA IMPROVEl .NT AI EA:S SQUARE FOOTA E Laurel Road 13,311 Laurel Slopes 3,467 Laurel Median 7,810 Brown Road 2,800 Carpenter Road 1,782 Raven Median 2,062 TOTAL 37 31 Resolution No. 98/124 CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 35 Detailed Project Costs Estimate FY 1998/99 'D I'ropoed Lots Assessor's I"xreel Number Description 8igle' A ess�ment ss I�awlly Per Lot Lot ; FY i998l99 '` 1 034-010-006,007, through 023,024; single family lots 1 $200.00 214 034-020-006 on"TION&MAINTENANCE COS'T'S I998- IXPENDITUItE REVENUE ' TOTALS 99 ESTIMATES XESTIMATES Projected FY 1997/98 Carry-Over $0,00 Total EDU's=214 ($42,800.00) FY 1998/99 Assessments @$200.00 EDU SUBTOTAL ($42,800.00) ($42,800.00) Operation/Maintenance,Vandalism ($27,600.00) Administrative Costs,Insurance (2,500.00) Utilities ($9,650.00) County Levy Code,Adjustment&Collection of ($550.00) fees for 214 parcels Capital Improvements/Contingency (2,500.00) SUBTOTAL542,800Y00) PROJECTED ENDING FUND BALANCE <50.00 Resolution No. 98/124 ASSESSMENT DIAGRAM OF SCIBDIVISION 7657 Contra Costa County Countywide Landscaping District (LL-2) Zone 67 Alf/COR 5£C JS 45,0' bAS/S OF 6'.AR.INGS N //"J COP 5CC 35 "P 0 C. � ! 1AURE( ROAD N()RI/�ONE OF S£CP/ON J5 _ __ _ a 8V 54 S 89,9447"j- 1 1 an q P.OB i ana iarto.? ;➢r 1 I m ' a 5 OO til'21'"li'I 194.79' ti Z11 n+5914 a7 6J?60' p ' o. ---------- o N 89'2J42°W 42i50' rn I SC"? #JX the I03 I i avannns sa-o,�r;a ry � i 7.f/o' .� ➢i.(Y(ia A d C � Xs Xa1WCY" iS�IlAM � I t, � J �C4Rv1-1VArR ROAD — N 8.922:17"W 595.jg' ??.5' c� S N��Qyfi COR 5£C J5 f10-LS 6925 •9/30 or CAI if E 77IB LLCCI & ASSOCIA1LS INC. FILE NO: 909PLI SHEET 1 OF 1 400' (CIVIL ENGINEERING–LAND PLANNING–LAND SURVEYING 12290 DIAMOND BLVD.,S10)SU TES 569 1004CONCORD CA. 94520 EXHIBIT B Resolution No. 9$/124 Total_Assessment/Charge On Countywide Landscape District(LL--2)Zone 67 In the event that the proposed assessment is levied,the total amount chargeable to Countywide Landscape District(LL-2) Zone 67 will be$200.00 per parcel. Assessment on Each parcel Each parcel described by Exhibit A shall be assessed $200.00 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 67. Resolution No. 98/124 EXHIBIT 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$200.00 per year. The total amount levied by the assessment, with regards to this development is approximately$42,800.00 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. Resolution No. 98f 124 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 May 5, 1998 or you may hand carry your ballot to the Public Hearing on May 5,1998. Ballots received after the close of the Public Hearing cannot 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, May 5, 1998 at 2:00 p.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. 98!124 EXHIBIT D Countywide Landscape District LL-2 Zone 67 Annexation Ballot Assessor's Parcel Nos.: 034010-006,007,023,024; 034-020-006 Annexation Of: Subdivision 7657 Record Owner: Spare Time Inc. Address: 7919 Folsom Blvd.,#150 Sacramento, Ca.95826 Yes, I approve of the proposed annual assessment of$200.00 on each of the parcels identified in this ballot. No,I do not approve of the proposed annual assessment of$200.00 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Bate Resolution No. 98l 124 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD,PUBLIC WORKS DIRECTOR DATE: MARCH 17, 1998 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 67, OAKLEY AREA (PROJECT#4500-6X5573 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&c BACKGROUND AND JUSTIFICATION Recommended Ac 'on: 1. ADOPT the Resolution accepting the Engineer's Report for a landscaping assessment on parcels in Subdivision 7657 to be annexed into Countywide Landscaping District (LL-2) Zone 67. 2. FIX a Public Hearing for May 5, 1998 at 2:00 p.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. Continued on Attachment:.X_ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURES ACTION OF BOARD ON 03/17/1998 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT 1 AYES; NOES: ABSENT:—ABSTAIN: 1 hereby certify that this Is a true and correct copy of an action taken and entered on the q:%Waft+*d1•twovnwcnt i minutes of the Board of ;supervisors on the Oft.Div. Pubk Woke(wase%any date shown. Contact; Skip SppartY(313-2253) March 17 1998 asx : c ,nlyl�dcnhotrator ATTESTED:- Aaaaaaor PHIL BATCHELOR, Clerk of the Board AudW-Convoc soatnant of Supervisors and County Administrator nty Coucounaat By a l Deputy SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A BEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2)ZONE 67,OAKLEY AREA DA'Z'E. MARCH 17, 1998 PAGE: -2- IL Financiallmnact: 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) Zane 67. III. Reass,gns for Recommendations and Bacliground: 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) Zane 67 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. IV. Consequences of legative Action: This project will not be in compliance with the Conditions of Approval for Subdivision 7657, and an alternative means to finance public right of way landscaping would have to be found.