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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-126 '"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, Canciarnilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 981 126 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 35. The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing DP 3031-911MS 39-91 (the"Development")consisting of four(4)parcels, more specifically described in Exhibit A. 2. On January 20, 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 35. The County intends to initiate proceedings to annex the Development into Countywide Landscaping District(LL-2)Zone 50 Pursuant to that request. 3. Once the Development is annexed into Countywide Landscaping District(LL-2)Zone 35,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 35 for Fiscal Year 1998199 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 35 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 Beard 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 MOS g:\grpdatatspdistlbo\march\xane35byron.wpd 1 hereby certify that this is a true and correct OrJ&.Dtpt.: Public Works Department(Special Districts) copy of anaction takenand entered on the Contact: SkipEpporly,313.1353 minutes of the Board o1t Supervisors on the cc: County Administrator Assessor date shown. Auditor-Controller Maroh 17 1998 Community Development ATTESTED: - — County Counsel PHIL BATCHELOR, Clerk of the Sward of Supervisors and County Administrator 1 By r ..rt� Deputy Resolution No. 981126 EXHIBIT A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 35 Assessment Diagram of DP 3031-91/MS 39-91 and Property Owner's List Resolution No. 98/126 i ASSESSMENT DIAGRAM OF DP 3031-91/MS 39-91 Contra Costa County Countywide Landscaping District (LL-2)Zone 35 ASSESSMENT DIAGRAM.OF DP 3031.91/MS 39-91 j Contra Costa County Countywide Landscaping District (LL-2)Zone 3U 41 N.E. COR. SEC noN 34. PER 57 LSM 48 27 1 r P.O.B. 25 MARSH CREEK ROAD_ SSWO IOT 1323,82• 34 35 e ^i i y W 31698 # ! N88 13'50 W N89'00'53'W $49.26' 772.60' 35291 0�'"W t SPATE HIGHWAY 4 ,vx aee..�a-an BELLE Cl J ASSOCIATES INC.DA-TL'mcrmsER 1 7sem-ft 7007 :96077oEt 10F i ENGNEEMO—LAID "N •-LMO SURVEYM PK (510) 885-4569 SONO BLVD.. M 100 CONCORD CJS 94520 t 41 r� Resolution No. 9S/126 Exhibit A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 35 Property Owner's List Lot Number Assessor's Parcel Number Owner:$Nam"ddress Byron Seventy-Eight,a California A 011-220-022 Partnership Suite 1408,Cathedral Place 925 West Georgia Street Vancouver,BC,Canada V6C 3L2 Byron Seventy-Eight,a California B 011-220-022 Partnership Suite 1408,Cathedral Place 925 West Georgia Street Vancouver,BC,Canada V6C 3L2 Byron Seventy-Eight,a California C 011-220-022 Partnership Suite 1408,Cathedral Place 925 West Georgia Street Vancouver,BC,Canada V6C 3L2 Byron Seventy-Eight,a California D 011-220-022 Partnership Suite 1408,Cathedral Place 925 West Georgia Street Vancouver BC,Canada V6C 3L2 **** 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. 98/126 EXHIDII B ENGINEER'S REPORT TO THE BOARD OF SUPERVISORS FOR ESTABLISHING COUNTYWIDE LANDSCAPING DISTRICT {LL-2} ZONE 35 FOR FISCAL YEAR 1998/99 Resolution No. 981126 PLANS AND SPECIFICATIONS FOR THE COUNTY OF CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 35 Fiscal Year 1998-99 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 (notstreet 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 35, RICxHT 03F WAY IMPROVEMENT AREA IIvIPRC3�I NT,AREAS SQL7ARE 1~C�tJTAGrE Bixler(toad 3,900 Bixler Median 4,007 Highway 4 1,133 Curb Return 257 TOTAL 92039 Resolution No. 98/226 CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 35 Detailed Project Costs Estimate FY 1998/99 �t'p�o�ed I'arcei Assessor's i'�veel Aittn�ber I�eserip#ion E�l►TJ's �®eessment 77 'Y 1997198 A 011-220-022 0.494 Hectares 1.22 $1,769.00 or 1.22 Acres B 011-220-022 7.183 Hectares 3.00 $4,350.00 or 17.75 Acres C 011-220-022 4.978 Hectares 3.00 $4,350.00 or 12.3 Acres D 011-220-022 Open Space 0.00 $0.00 18.40 Hectares or 45.47 Acres OPERATION&MAINTENANCE COSTS 1998-99 EXPENDITU iREVENUE TOTALS ESTIMATES ESTIMATES Projected FY 1997/98 Carry-Over $0,00 FY 1998/99 Asessments @$1,450.00 EDU ($10,469A0) Total EDU's s 7.22 Subtotal ($10,469.00) ($10,469.00) Operation/Maintenance,Vandalism ($6,481.00) Administrative Costs,Insurance ($700.00) Utilities ($2,000.00) County Levy Code,Adjustment&Collection of fees ($300.00) for 4 parcels Capital Improvements/Contingency ($3,074.22) Sttbtatall U,459otIQ) PR07ECTED ENDING FUND BALANCE $0,00 Resolution No. 98/126 { ASSESSMENT DIAGRAM OF DP 3031-91/MS 39-91 i Centra Costa County Countywide Landscaping District ALL-2}Zone 35 ASSESSMENT DIAGRAM OF DP 3031-91JMS 39-91 Contra Costa County ' Countywide Landscaping District (LL-2)Zone.0 a KE CCM. SEC-nON 34. ER 5 P7 ISM 46 27 '! 25 P.O.B. MARSH CREEKOAD RSSW03'1O`E }[ ` 1323.82` 1 34 35 X 00 j .•'t3n�itSw3kj�r �W E169b N69'.00`53'W 549.26` 772.60` S00`5wol W ` t STATE HIGHWAY 4 32.11 rrx a:�-satr-ax: BELLECCI & ASSOCIATES INC.ME NO.z 9W77*,: Sr+EEx 10F 1 CML V ONmft1t.*-Uw0 "MC-LAND WRVMNO 9Df ......Y._ PN. S 665-t569 229p AA1dt30 BLVD., �i'E 100 CONCORD CA 94526 Resolution No. 98, 12b ASSESSMENT ROLL OWNER' AL ►Rs' . Byron Seventy-Bight, a California Partnership 011-220-022 Suite 1408, Cathedral Place 925 West Georgia Street Vancouver, BC, Canada V6C 3L2 Resolution No. 98/126 Total Assessment/Charge On_Countvwide Landscape District L-2 on 35 In the event that the proposed assessment is levied,the total amount chargeable to Countywide Landscape District (LL-2)Zone 35 will be $1450.00 (EDU)per eligible acre. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed: $1,769.00 For Parcel "A", $4,350.00 For Parcel "B", $4,350.00 For Parcel "C", $0.00 For Parcel"D"(Open Space) in Fiscal Year 1998/99. Methodology for Calculating L andscapillg Assessments 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)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 35. Resolution No. 98/ 126 EXHIBIT C 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? The assessment will be$1450.00 per EDU/acre per year. The total amount levied by the assessment, with regards to this development is approximately $10,469.00 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 , 94553-4897. Resolution No. 98/126 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 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 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. 98/126 EXHIBIT D Countywide Landscape District LL-2 Zone 35 Annexation Ballot Assessor's Parcel No.: 011-220-022 Annexation of: DP 3031-94/MS 39-91 (Byron Seventy-Eight) Record Owner: Byron Seventy-Eight a California Partnership Address: Suite 1408, Cathedral Place, 925 West Georgia Street Vancouver, British Columbia, Canada V6C M2 Yes, I approve of the proposed annual assessment of: $1,769.00 For Parcel "A", $4,350.00 For Parcel "8,',$4,350.00 For Parcel "C", $0.00 For Parcel "D" (Open Space) on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of: $1,769.00 For Parcel "A", $4,350.00 For Parcel "B",$4,350.00 For Parcel "C", $0.00 For Parcel "D" (Open Space) on each of the parcels identified in this ballot. Signature of Record Owner or Authorized Representative of the above identified parcels. Date Resolution No. 98/ 126 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 35, BYRON AREA (PROJECT##4500-6X5572) SPECIFIC REQUI ST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the Engineer's Report for a landscaping assessment on parcels in DP 3031-91/MS 39-91 to be annexed into Countywide Landscaping District (LL-2) Zone 35. 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:— SIGNATURE: _a*4'P� j ® RECOMMENDATION OF COUNTY ADMINISTRATOR ®RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON 3/ APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a true and correct Mikes Copy of an action taken and entered on the 9:\prpdaW%SpdisPbolmarcMzons35byron.wpo minutes of the Board of Supervisors on the Orig.Div: Public works(special Districts) date shown. Contact: Skip Epporiy(313-2253) ATTESTED: seMarch 17, 1998 cc: Assesr sAdmMietrator PHIL BATCHELOR Clerk o Auditor-Controller f the Board Assessor Community Development of Supervisors and County Administrator County Counsel 6y Deputy SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT ANIS FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2)ZONE 35,BYRON AREA DATE: MARCH I7, 1998 PAGE: -2- 11. E' a�ial Impart: 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 35. III. Rcasons 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. 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 Negatke Action: This project will not be in compliance with the Conditions of Approval for DP 3031-911MS 39-91, and an alternative means to finance public right of way landscaping would have to be found.