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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-454 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 17, 2004 by the following vote: AYES: SUPERVISORS UILKRIA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISOR JOHN GIOIA ABSTAIN: NONE 454 RESOLUTION NO.2004/ 454 SUBJECT: ADOPT Resolution No. 2004/"" accepting the Engineer's Report for Discovery Bay West Parking District, SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project No. 7771-6X5167 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing SD 8710 (the "Development") consisting of four (4) parcels, more specifically described in Exhibit A. 2. On July 8, 2004 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into Discovery Bay West Parking District. The County intends to initiate proceedings to annex the Development into Discovery Bay West Parking District pursuant to that request. 3. Once the Development is annexed into Discovery Bay West Parking District, the parcel(s) within it will receive a special benefit over and above that received by the general public in the form of a public parking facility. This service is a miscellaneous extended service (the "Extended Service") as defined in Article 1012-2.406 of Contra Costa County 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"). The service charge meets the requirements of an "assessment" under Article XII>ID of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcel(s) within the development. 5. A copy of the Addendum to the Final Engineer's Report to the Board of Supervisors for establishing a Parking Maintenance Service Charge for Fiscal Year 2004/2005 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 of Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire Parking District; the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. I hereby certify that this is a true and correct copy of an action G:\GrpData\SpDist\BoardOrders\2004\08-17-04 BO-SD 8710 D$WPD(Fixing).doc DM rpDatcmm taken and entered on the minutes of the Board of Supervisors on Orig.Div: Public Works(Special Districts) the date shown. Contact: Eileen Doten(313-2253) cc: County Administrator Assessor ATTESTED: AUGUST I71 2004 Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County County County Counsel Administrator D.Morabe,Sp.Dist. By T �-et� '" ,Deputy RESOLUTION NO.2004/ 454 SUBJECT: ADOPT Resolution No. 2004/ 454 accepting the Engineer's Report for Discovery Bay West Parking District, SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project No. 7771-6X5167 DATE: August 17, 2004 PAGE: 2 6. The Board has adopted the Engineer's Report for the Discovery Bay West Parking District on July 13, 2004. Based on its review of the Engineer's Report,the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcel(s) within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service 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 September 28, 2004 at 9:30 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 "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. A copy of the Engineer's Report is on file with the Public Works Department. 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 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. 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. RESOLUTION NO. 2004/454 EXHIBIT A CONTRA COSTA COUNTY DISCOVERY BAY WEST PARKING DISTRICT Property Owner's List Parcels Assessor's Parcel Number Owner's Name/Address 4** 011-220-002, 004, 020, 021* Western Pacific Housing,Inc. 1210 Central Boulevard Brentwood, CA 94513 * 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 Equivalent Dwelling Unit(EDU)per Dwelling Unit .........................................................................................................................1.1111.1111, 1 ..........I........................................................................... ... ........................ EXHIBIT B FINAL ENGINEER'S REPORT DISCOVERY BAY WEST PARKING DISTRICT FISCAL YEAR 2004/2005 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 XIM, Section 4, of the California Constitution, the County Service Area Law (Gov. Code, 35414 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that he is a professional engineer, registered in the State of California. 1.10, Dated: �713/e) By: Brian Balbas Assistant Public Works Director RCE No. 52057 13, 1-Atc, f7 .............. .............I................I..,.................... ........................................................................................... ........................................................... DISCOVERY BAY WEST PARKING DISTRICT ENGINEER'S REPORT ADDENDUM SD 8710 Parcel Assessor's Parcel Description EDU's Per Proposed Number Single Family Assessment Parcel FY 04/05 1 though 203 1 011-220-002, 004, Single Family 1 $ 0.00 020, 021 :—TOTAL PROPOSED EDU'S AND ASSESSMENT 203 $2,030.00 Notes: 1.0 Equivalent Dwelling Unit(EDU)per Dwelling Unit SUBOINIS1ON 8423 22 -23 438 M 10 _ 4 5543,51{i} OF MQU 10AD BA{FOM ROAD --�Z SITE 27 26 -N88'59'27W t } S88'5 '2]'E 990M' tiTWOW M- See PEii T OF TUBER RD. w � N C--.) ItARSH CRM RD, STATE ROUSE 4 Z VICINITY N-L. P N NTS .�. BASIS OF BEARING: THE BASS OF BEAtB M FOR THk^x NAP 1S OEtERi OO BY FOUM 1 NOW-Dom VOW HEREON; THE BEARING 80K N01 ii4'05`W K7 Q I SEMEM i40R Tr`?FOUW&MA11 mmy� WTMCM G i � C9t%(M%(MARE 6RG M DWANCM TD CONVERT TO MCO, WULTIPLY G? M OISTANCM BY 099Sk & �; _�, .� � ► � C14 �t ASSESSORS PARCEL NOS. r7j i N 01T-220- Cil "' t Oil-20-004 ca r1i m fi+ CNi U < f °" aii- a?i CL LEGEND «--■--M-- BOUNDARY UNE PROPERTY UNE LO v ' CDM UNE 60.El6 ACRES ::u ,= aTx uM1Ts t N�.? cotitt�NkiuBER eG� r FOUND RAXROAti SPICE 0 U' FOUND STANDARD CONTRA CWTA coI P.O.B PONT OF SEGWNM C PA.C, PONT OF CO<0M4C T M SURVEYOWS STATEMENT: iHf5 VAP- PIAS BEENPPWAREG BY WE OR UNDER NY%JPFR%"L ,lC&A.GAtCX,P.L.S.$185 DATE+ / Lima E rAm 12pim LAW R) N89'YYwos*W 99aw TRACT 1140 365 M 43 TO ACCOWANY LEGAL DESCRIMON PROPOSED ANNEXATION TO DISCOVERY BAY WEST PARYJNG DISTRICT tis' 1sw C016M NO" a rr_ SHUT W-um :f^. ., .. � 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 Discovery Bay West Parking District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the parking facility. 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 $10.00 per year. The total amount levied by the assessment, with regards to this development is $2,030.00 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 operate, construct, maintenance and servicing of a Park and Ride parking lot. How was my Assessment Calculated? The total cost to provide and maintain parking improvements 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. Method of Voting Only returned ballots or written letters which identify the properly and specify the property owners' support or opposition is counted. Mail your ballot in the self addressed postage paid envelope or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to September I, 2004 or you may hand carry your ballot to the Public Hearing on September 28, 2004. 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, is 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 Discovery Bay West Parking District. The ballot may be used to express either support for or opposition to the proposed Discovery Bay West Parking District 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 Tearing The hearing will be held on September 28, 2044 at 9:30 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. On July 13, 2004, as an attachment to Resolution No. 2004/357, the Board of Supervisors adopted the Final Engineer's Report to the Board of Supervisors for establishing a Parking Facility Charge for Fiscal Year 2004/2005. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed$10.00 per EDU in Fiscal Year 2005/2406. Methodology for Calchlatin2 Parking Assessments The "benefit received" is based on upon the Equivalent Dwelling Unit(EDU) factor per single-family dwelling unit. The parking assessment for this district is based upon several factors such as (1) cost required to pay the maintenance costs; (2) the number and types of parcels within the district; (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 parking improvements. The assessment revenue is used to pay for the total costs of operating the Parking District and those costs are apportioned among the various parcels in the Discovery Bay West Parking District. EXHIBIT D Discovery Bay West Parking District Lighting District Annexation Ballot Assessor's Parcel Nos.: 011-220-002, 004, 020, and 021 Annexation Of. SD 8710 Record Owner: Western Pacific Housing Inc. 1210 Central Blvd. Brentwood, CA 94513 Yes, I approve of the proposed annual assessment of$10.00 per parcel on the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$10.00 per parcel on the parcels identified in this ballot. Signature of Record Owner or Authorized Representative of the above identified parcels. Date s LEGAL PUBLICATION REQUISTION Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St.,.Room 106 PO Box 5124 Martinez, CA. 94553 Walnut CreekXA'94596 Requested by: EM L. SHARP Date: AUGUST 17, 2004 Phone Into: 925_335-1903 Reference No: 988 Org:7771 Sub Object: 2190 Task: -SAS Activ Publication Date (s): SEPTEMBER 14, AND Si PIaffiER 21, 2004 No. of Pages: (2) LEGAL PUBLICATION- DISCOVERY BAY WEST PARKING DISTRICT SD 8710 M iE`'""'L'AIV T ""Immediately upon expiration of publication,"** send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. i Authorized S ignatur Please confirm date of publication & receipt o this fax. CONTRA COSTA. COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF A PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA, CALIFORNIA 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, for the public hearing on September 28, 2004 at 9.30 a.m., to consider comments of any interested person, either written or oral to the Engineer's Report for Discovery Bay West Parking District SD 8710 annexation. A copy of the Engineer's Report is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Roam 106, Martinez, California, and the Public Works Department, 255 Glacier Drive, Martinez, California.. I hereby certify that this is a true and correct copy of an action taken and entered oir tae minutes of the Board of Supervisors on the date shown. ATTESTED: AUGUST 17 2004 JOHN SWEETEN.Clerk of the Board of Supervisors and County Administrator By EMY L. SHARP Publication Dates: September 14, 2004 September 21, 2004 G:\GMData\SpDist\Board Orders\2004\2004 Publication Regttests'd33-17-04 Discovery Bay West Parking SD8710.doc CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board esharg,cob.co.contra-costa.ca.us FROM: Eileen Doten Public Works Department (925) 313-2253 BOARD MTG. DATE: September 28, 2004 CONTINUED BY BOS ON: N/A HEARING DATE: September 28, 2004 PUBLICATION DATES: September 14, 2004 & September 21, 2004 REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not type below this lime—Publication language on,following page TO: BOARD OF SUPERVISORS Contra FROM: MAtRICE M. H N,PUBLI WORKS DIRECTOR Costa DATE: August 17,2004 County 454 SUBJECT: ADOPT Resolution No. 2004/**** accepting the Engineer's Report for Discovery Bay Fest Parking District SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. (District III) Project 7771-6X5167 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 454 1. ADOPT Resolution No. 2004/**** accepting the attached Engineer's Report for a parking district assessment on the parcels in SD 8710 to be annexed into Discovery Bay West Parking District. 2. FIX a Public Hearing for September 28, 2004 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, 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: ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE '"APPROVEOTHER r SIGNATURES : ACTION OF BQ�r ON AUGUST 17, 2004APPROVED AS RECOMMENDED XX OTHER I 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. VOTE OF SUPERVISORS DISTRICT I Xx UNANIMOUS(ABSENT ) ATTESTED: AUGUST 17, 2004 AYES: NOES: JOHN SWEETEN,Clerk of the Board of Supervisors and ABSENT: ABSTAIN: County Administrator ' DM:cmm By G:\GrpData\SpDist\Board Orders\2004\08-17-04 BO-SD 8710 DBWPD(Fixing).doc Deputy ' Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. 454 SUBJECT: ADOPT Resolution No. 20041**** accepting the Engineer's Report for Discovery Bay West Parking District, SD 8710 and fixing a hearing for September 28, 2004 at 9:30 a.m.. to consider levying an assessment for additional parcels to be annexed, Discovery Bay area. {District III} Project No. 7771-6X5167 DATE: August 17, 2004 PAGE: 2 FISCAL IMPACT: There will be no impact to the County General Fund. All costs will be covered with revenue from the Discovery Bay West Parking District. REASONS FOR RECOMMENDATIONS AND BACKGROUND: The developer is required by Condition of Approval to annex to the County's parking district, Discovery Bay West Parking District, for continued maintenance and operation of the parking facility. 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. CONSEQUENCES OF NEGATIVE ACTION: This project will not be in compliance with the Conditions of Approval for SD 8710, and an alternative means to finance public parking facility would have to be found.