HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-298 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA>
Adopted this Resolution on May 17, 2005 by the following vote:
AXES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, `GLOVER AND UILKEMA
NOES: NONE
ABSENT': NONE
ABSTAIN: NONERESOII,,IJTION 1 m. 0 298
SUBJECT: ADOPT Resolution No. 2005/ 298 accepting the Engineer's Report for Tan dscape
District AD 1979-3 (LL-2) Zone 48, Development Permit 03-3009 and fixing a hearing for July
12, 2005 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed,:
Danville area. (District III)Project No. 7772-6X5021
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Development Permit(DP) 03-3009(the"Development")consisting of
one(1)parcel,more specifically described in Exhibit A.
2. On April 4, 2005 the applicant for the Development submitted a request to the Department of Public
Works for inclusion of the Development into Countywide Landscape District AD'1979-3 (LL,-2)Zone 48.
The County intends to initiate.,proceedings to anmex the Development into LL-2 Zone 48 pursuant to that
request.
3. Once the Development is annexed into LL-2 Zone 48, the parcel(s) within it will receive a special benefit
overland above that received by the general public in the form of landscaping improvements and services
as defined in Section 22503 of the Streets and Highways Code and Landscape and Lighting Act of 1972.
4. In order to fund the Extended Service that will be provided to the'parcel(s) 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 XBM 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 Contra Costa Countywide'Landscaping;District Final Engineer's Report to the Board of
Supervisors for establishing a landscape; 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 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 Assessment Diagram, the estimated Assessment chargeable to
each parcel; the Assessment chargeable"to Zone 48 from the parcels within the Development, the
methodology supporting the assessment, and the duration of the Assessment.
Dm=
G:\GrpDaWSpDi"oard Orders12005-Board Orders\
05-17-05 BO DP 03-3009(LL-2xpiXin9).doc I hereby certify that this is a true and correct copy of an action
Orig.Div: Public Works(Special Districts)
Contact: Eileen Doten(313-2253) taken and entered on the minutes of the Board of Supervisors on
cc: County Administrator the date shown.
Assessor
Auditor-Controller
Conuraunity Development ATTESTED: MAY 179 2005
County Counsel' JOHN SWEETEN,Clerk of the Board of Supervisors and County
D.Morabe,Sp. list.
Administrator
By ,Deputy
RESOLUTION NO.2005/ 298
SUBJECT: ADOPT Resolution No. 2005/ 298 accepting the Engineer's Report for County Landscape
District AD 1979-3 (IL-2) Zone 48, Development Permit 03-3009 and fixing a hearing for July
12, 2005 at 9:30 a.m. to consider levying an assessment for,additional parcels to be annexed,
Danville area.(District III)Project No. 7772-6X5021
DATE: May 17 2005
PAGE: 2
6. Based upon its review of the Engineer's Report,The Board fiends 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 ANIS RESOLVES AS FOLLOWS:
1. The Board will conduct a public hearing:(the "Hearing") on July 12, 2005 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 Department of Contra
Costa County with a copy of this resolution. The Board directs the Public Warks 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 after 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
ballets. The Board shall not impose the Assessment if there is a majority protest. A majority protest
exists if, upon conclusion of the Hearing, ballets 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. 2005/298
EXHIBIT A
CONTRA COSTA.COUNTY
COUNTYWIDE LANDSCAPE DISTRICT AD 19'79-
(LL-2)ZONE 4$
Annexation Property Owner(s)List
Parcels Assessor's Parcel Number Owner's Name/Address
Todd&Linda Oleson
1 220-080-023* 157 Oak Gate Dgive
Danville,CA 94506
The new Assessor's Parcel Numbers are not available at this time. New Assessor's parcel numbers will be
sent to the Contra.Costa County Public"Works Department as they are available.
EXHIBIT
ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ANNEXING PROPERTY TO
COUNTYWIDE LANDSCAPING DISTRICT AD 1979=3 (LL-2) ZONE 48
FOR
FISCAL YEAR 2005106
PIANS AND SPECIFICATIONS
FOR THE ANNEXATION OF I7►P 04-0009
COUNTY OF CONTRA COSTA
COUNTYWIDE LANDSCAPING DISTRICT AD 1979-3 (LL-2) ZONE 48
Fiscal Year 2005-06
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 ARE 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 48
RIGHT OF WAY 11\4PROVEMENT AREA
IMPROVEMENT AREAS SQUARE FOOTAGE
Camino Tassajara 31,443
Oakgate Dr. 9,890
TOTAL 41,333
CONTRA COSTA COUNTYWIDE
LANDSCAPING DISTRICT
AD 1979-3 (LL-2) ZONE 48
Detailed Project Costs Estimate
FY 2005106
Parcel Assessor's Parcel Description EDU proposed
Nuumber Assessment
MOM
M
1 220-080-023 4 Developed 4'' $1,400.00
Single Family
Residential At
Build Out
2 thru 68 224-391-008 thru 052 Developed Single 1 per parcel $23,800.00**
220-401-001 tau 025Family >68 total**
Residential
Notes:''
* EDU's at$350.00 each with a max of$490.00(1 EDU x$350.00=$350.00)
** Total Dollars and iiiiEDU's taken from Countywide Landscape District AD 1979-3 (LL-2) Final Engineer's Report
for the 200412005 Tax Roll and approved by the Board of Supervisors on July 13 2004.
OPERATION&MAINTENANCE COSTS 2005/06' MENDITURE :]REVENUE,' TOTALS
ESTIMATES ESTIMATES
Projected FY 200512006 Carry-Over $7,000.00
FY 2005/2006 Asessments @'$350.00 EDU ($25,200.00)
Total EDU's=72 Subtotal ($32,200.00) ($32,200.00)
Operatidn/Maintenance,'Vandalism ($16,400.00)
Administrative Costs,Insurance ($3,000.00)
Utilities ($4,350.00)
County Levy Code,Adjustment&Collection of fees ($400.00)
Capital'Improvements/Contingency ($8,050.00)
Subtotal ($32,200.00) ($32,200.00)
PROJECTED ENDING FUND BALANCE $0.00
ASSESSMENT DIAGRAM OF
DP 03-3009
Contra Costa County
Countyw.:de Landscape District AD 1979-3 (LL-2) Zone 48
d!
I
1 i
_ i
t
1 W !
zr v
00 t l'
ZC4U# G71
p iil ,
G'O,
:. OAKGATE ORNE '1
rltnrirMf t f I
b`
�M� orf
MRACK ROAD
7
FI on 58
CL
co
co
t
--
fl HANSEN LANE
40
� l
I
7i G'
a
, +
16.
0
.: . n -"
37
_P, -+ t
o
Total `'ssessmentlCha a Dn _CouglMide Landseaa 13istrict 1979-3 (LL:2) ne 4
In the event that the proposed assessment is levied, the total amount chargeable to Countywide Landscaping
District AD 1979-3 (LL-2)iZone 48 will be $490.0.0(EDU)per eligible parcel.
Assessment on EachParcel
Each parcel described by Exhibit A shall be assessed$350.00 per EDU in Fiscal Year 2005/2005:
Methodolo for Calculaifte Lan dse in :Assessments
The method for spreading the costs to each parcel is based on the Equivalent Dwelling Unit (EDU) factor. The
single family residential parcel has been selected as the basic unit for the calculation of assessments and is
defined as one (1) Equivalent Dwelling Unit (EDV). Commercial and industrial parcels are assessed based on
their acreage because larger parcels have the ability to generate larger pedestrian flows. Commercial parcels
will be assessed one (1.00) EDV for the first acre or any portion 'thereof, one (1.00) EDIJ7acre for each
additional acre up to a maximum of three' (3.00) EDV's (3.00 acres) and minimum of One (1.00) EDU.
Multiple Family Residential, such as condominiums;mobile homes and apartments are assessed a factor of one-
half(0.50)EDU per dwelling unit. Undeveloped single family residential parcels will be assessed at 50°1 of the
developed single family rate. Undeveloped non-single family residential will be assessed at 50% of the
developed commercial/industrial rate.
The service charge for each Landscape Zone is based upon several factors such as (1) dist required to pay the
monthly maintenance and water/electrical bill; (2) the number and types of parcels within each zone; (3) a
reserve fund for Administrative and Accounting services provided by the County and; (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 maintaining the Landscape District and those costs
are apportioned among the various parcels in the Countywide Landscape District AD 1979-3 landscape zone.
EXHIBIT C
BALLOT NOTICE
Why did you receive this Ballet?
When your development was approved, there was a requirement (condition of approval) to annex the parcel(s)
into.the County Landscaping District AD 1979-3 (LL-2)Zone 48 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 public right of
way and/€r landscape easement.
The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot.
How M_uch is the Assessment?
The assessment will be $350.00 per EDU with'a maximum assessment of$490.00 per EDU. The total amount
levied by the assessment,with regards to this development is approximately$1,400.00.
Why should you Vote?
Your vote will decide if the assessment will be imposed. Only returned ballets 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 over $490.00 without
another election.
What dares the Assessment Fund Allow?
The assessment allows the Benefit Zone to provide and maintain landscaping within the public right of way
and/or landscape easement.
Flow was my Assessment Calculated?
art .»r
III G rote-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, Martinez,
CA, 94553-4897.
Method of Voting
Only returned ballots or written letters which identify the property 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 June 2, 2005 or you may hand
carry your ballot to the Public Hearing on July 12, 2005. Ballots;received after the close of the Public Hearing
cannot be counted. Ballots are weighted by the amount of assessment that wouldbe 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;
County Landscape District AD 1979-3 (LL-2),Zone 48. The ballot may be used to express either support for or
opposition to the proposed County LandscapeDistrict AD 1979-3 LL-2),Zone'48 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
{ul.-JA out and the ballot will have a'"zero"vote.
Public Hearing
The hung will be held on July 12, 2005 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 Beard will take
final public testimony and take action on whether or not to levy the assessments based upon the testimony and;
ballots received.
EXHII MD
County Landscape District AD 1979-3 (LL-2) Zone 48 Annexation
Rallo
Assessor's Parcel Nos.: 220-084-023
Annexation Of- DP 03-30(19(4 EDU's at wild Out)
Record Owner: Todd&Linda Oleson
157 Oak Gate Drive
Danville, CA 94506
Yes,;I approve of the proposed annual assessment of$490.40 on the parcel
identified in this ballot.
No,I do not approve of the proposed annual assessment of$490.00 on the
parcel identified in this ballot.'
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date