HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-276 THE BOARD OF SUPERVISORS jF CONTRA COSTA COUNTY, CAL:t r'ORNIA
Adopted this Resolution on May 23, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, AND CANCIAMILLA
NOES: NONE
ABSENT: SUPERVISOR GERBER
ABSTAIN: NONE
RESOLUTION NO. 2000/276
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO
CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL,PARCELS TO BE ANNEXED TO
COt)NTYWIDE LANDSCAPING DISTRICT(LL-2)ZONE 68.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing SUB 8002 (the "Development") consisting of 1 parcel(s), more
specifically described in Exhibit A.
2. On February 4, 2000 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 68. The County
intends to initiate proceedings to annex the Development into Countywide Landscaping District(LL-2)Zone
68 pursuant to that request.
3. Once the Development is annexed into Countywide Landscaping District(LL-2)Zone 68,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 amended Engineer's Report to the Board of Supervisors for Establishing Countywide
Landscaping District(LL-2)Zone 68 for Fiscal Year 1999/2000 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 68 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. 2000/276
Now, therefore the Board Of Supervisors ORDERS AND RESOLVES as follows:
1. The board will conduct a public hearing(the"Hearing")on July 11, 2000 at 9:00 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 "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.
1 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: _May 23, 2400
HiL BATC ELOR,Clerk of the Board
f Supervis and County Administrator
By ,Deputy
Resolution No. 2000/ 276
Emit .-
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
Property Owner's List
Parcel Assessor's Parcel Number Owner's Name/Address
1 206-030-006 Shapell Industries, Inc.
100 Milpitas Blvd.,#100
Milpitas, CA 95035
****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.
1,- 0�0 Equivalent Dwelling Unit(EDU)per Dwelling Unit
Resolution No. 20001276
EXHIBIT B
FINAL ENGINEER'S REPORT
COUNTYWIDE LANDSCAPING SERVICE CHARGE
COUNTY SERVICE AREA LL-2
FISCAL YEAR 1999/2000
The undersigned,acting on behalf of Contra Costa County,respectfully submits the enclosed Engineer's Report as
directed by the Contra Costa County Board of Supervisors,pursuant to the provisions of Article XIIID,Section 4,
of the California Constitution,the County Service Area Law(Gov. Code,25210.1 et seq.)and Division 1012 of the
Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in
the State of California.
Dated: ' By:
- Heather Ifqllenger
Assistant Public Works Director
RCE 41746
Resolution No. 20001276
EXHIBIT B
PLANS AND SPECIFICATIONS
FOR THE COUNTY OF CONTRA COSTA
COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 68
Fiscal Year 2000-2001
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 (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, 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
serviced throughout Tone 68.
RIGHT OF "WAS'' IMPROVEMENT AREA
IMPROVEMENT AREAS SQUARE FOOTAGE/LINEAR
FEET
Camino Tassajara Median 516.40 Linear Meters+/-
Knollview Drive Median 55.20 Linear Meters
Camino Tassajara Frontage 467.30 Linear Meters+/-
Landscape
TOTAL 1038.90 Linear Meters
Resolution No. 20001276
EXHIBIT B
CONTRA COSTA COUNTYWIDE
LANDSCAPING DISTRICT
(LL-2) ZONE 68
Detailed Project Cost Estimate
FY 1999/2000
Proposed
Parcel Assessor's Parcel Number Description EDU's Assessment
FY 2000/2001
1 thru 323 206-030-006 Sin le Family 1.0 Per unit $300.00 Per Unit
Per unit Per Unit
OPERATION&MAINTENANCE COSTS 1999-2.000 EXPENDITURE REVENUE TOTALS
ESTIMATES ESTIMATES
0 0 0
Projected FY 1999/2000 Ca -elver
96,900.00 96,900.00
FY 2000/2.001 Asessments @$300.00 EDU
Total EDU's=323 Subtotal
<60,000.00> <60,000.00>
Operation/Maintenance, Vandalism
<8,000.00> <8,000.00>
Professional/Specialized Services Insurance
<20,000.00> <20,000.00>
Utilities
<650.00> <650.00>
County Levy Code,Adjustment&Collection of fees for
323 parcels
<8,250.00> <8,250.00>
Capital Im rovements/Contin enc
Subtotal
<96,900.00> <96,900.00> 0
PROJECTED ENDING FUND BALANCE
Resolution No. 2000/ 276
ASSESSMENT DIAGRAM OF
CONTRA COSTA COUNTY
COUNTY WIDE LANDSCAPING DISTRICT
.SUeawsloNN8002 LL-2 ZONE 68 c�
LAFCO CSA L-100 '
ANNEXATION EXHIBIT
A.P.N. 2036-030--006 325 �
()8b' 48
704p 297 M 16Z�am
5UB0. 6585 122AJ}�( A
CAS 1
C�M�NO
;35 w
n6. N
rn
261,350 W a w
4,m 04V
lb "7 0
�;,��� ,�� F � 112 PM 517
��,a�ti '' PARCEL A
METRIC SCALE -1
1: 6000
Cp ci' 3
0
0
C3
� 0
a �
AREA 66.12 HECTARES
=w �
LOT 2
(233 M 48)
d
� Lq
ca
z
w
v P,
L4
Ail
C
l FNO (1.5") IP
LOT 4 �� LS 2298
(233 M 48)
x,.324. 10m �„sP.O.B. f
797.001m 484.216m,,,, !
N89.01 17"W 1605.227m T)
PARCEL C 5 4
6 99 PM 30 MEACHAM N.V. COMPANY
ci 206- 030--003
Resolution No. 2000/ 276
EXHIBIT B
Total Asse ent/Charge On C un ide and c e District L- one 68
In the event that the proposed assessment is levied,the total amount chargeable to Countywide Landscape District
(LL-2)Zone 68 will be $96,900.00.
,Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed: $300.00 in Fiscal Year 2000/2001.
Methodology for Calculating Landscaping,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)unforeseen 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 68.
Resolution No. 2000/ 276
t
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?
For single family homes,the assessment will be$300.00 per year. The total amount levied by the assessment,with regards
to this development is approximately$96,900.00 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 Engineers
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.
.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 June 26,2000 or you may hand carry your ballot
to the Public Bearing on July 11,2000. 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, July 11, 2000 at 9:00 a.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. 2000/276
UHTBITD
Countywide Landscape District LL-2 Annexation
Ballot
Assessor's Parcel Nos.: 206-030-006
Annexation Of. SUB 8002
Record Owner: Shapell Industries,Inc.
Address. 100 Milpitas Blvd.,#100
Milpitas, CA 95035
Yes,I approve of the proposed annual assessment of$300.00 on each of the parcels
identified in this ballet.
No,I do not approve of the proposed annual assessment of$300.00 on each of these
parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
Resolution No. 2000/276