HomeMy WebLinkAboutMINUTES - 06031997 - C28 i
TO:` BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 3, 1997
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 49, SUBDIVISION 7003,
OAKLEY AREA (WO 5023)
Specific Request(s)or Recommendation(s)&Background&Justification
I. Recommended Action:
1. ADOPT the Resolution accepting the Engineer's Report for a landscaping assessment on parcels in
Subdivision 7003 to be annexed into Countywide Landscaping District (LL-2)Zone 49.
2. FIX a Public Hearing for July 22, 1997 at 10:30 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.
4. DIRECT the Clerk of the Board of Supervisors to complete the required notification in accordance with
Section 6061 of the Government Code.
H. Financial Impact:
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 49.
III. Reasons 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 49
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.
Continued on attachment: X Yes SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): /
ACTION OF BOARD ON: (v - -3 - l`I`j 7 APPROVED AS RECOMMENDED ✓ OTHER
VO YE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
SE:JR:cs
g:\EngSvc\SpDist\Zone49 3-6.0
Contact: Skip Epperly,(510)313-2253
Orig.Div.: PW(Special Districts)
cc: County Administrator f hereby car*that this is a true and correct copy of
Assessor Sn action taken and entered on the minutes of UIe
Auditor-Controller Bard of SupeJoOre on the data shown.
Community Development ATTESIED:. a^'— 3;
County Counsel PHIL TCHELOR,Clerk of the board
of Supervisors and County Administrator
r
SUBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO
CONSIDER LEVYING AN-ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO CONTRA
COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49.
DATE: JUNE 3, 1997
PAGE -2-
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Subdivision 7003, and an
alternative means to finance public right of way landscaping would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 3, 1997 , by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/289
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 49, SUBDIVISION 7003, OAKLEY AREA.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 7003 (the"Development") consisting
of twelve (12) parcels, more specifically described in Exhibit A.
2. On April 29, 1996 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 49. The County intends to initiate proceedings to
annex the Development into Countywide Landscaping District (LL-2) Zone 49 pursuant
to that request.
3. Once the Development is annexed into Countywide Landscaping District (LL-2) Zone
49, 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.
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 49 for Fiscal Year 1997/98 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 49 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. 97/ 289
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the "Hearing") on July 22, 1997 at 10:30
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 "Notice") attached
as Exhibit C to the record owners of each parcel within the development. The ballot (the
"Ballot") attached as Exhibit D and the Engineer's Report shall be attached to the
Notice.
3. The Board directs the Clerk of the Board to give written notice of the Hearing
pursuant to Section 6061 of the Government Code.
4. 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.
5. 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:JR:cs
g:\Eng Svc\SpDist\.LL-2Res
Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253 f► ,y g�af m�y a true end Correct
cc: CountyAdministrator T f
111 action taken end entered on the minutea oi-tlls
Assessor Board of Supervisors on 01 datIM7_
Auditor-Controller XMSTm June
Community Development PHIL BATCHELOR.Clerk of the board
County Counsel
of Supervisors
and County Administrator
RESOLUTION NO. 97/ 289
EXHIBIT A
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT
(LL-2) ZONE 49
Assessment Diagram of Subdivision 7003
and
Property Owner's List
RESOLUTION NO. 97/ 289
Exhibit A
ASSESSMENT DIAGRAM OF SUBDIVISION 7003
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49
DAKLEY Dr SAAENNRE 'i( 11 PARCEL A Sd FAN',SR
T•' AREA bEDtCATC'Ti t0 SUBWASION 7003
IN 119'7 . CONTRA COSTA COUNTY TI AMBERWOOD yr
89•i913,']6•V120.671T; PER 84 PN 8;930 NT 386'
]C.00' p•9J'a5'a3' 225.12'
256.]7 fM.M) •N 9919']b'v(N �. 111'RC@AR,TADOCO
I- GUM 4 TREE b°(T5 Roan PARCEL " B" OF SUBDIVISION
t].J� / A;
•-1 ,- MS 85-75 54 PM $
.� SR,rr ees4' r%d.'" 5x.o4' uaa"
1 N!9'I4'S6'w ,eTRo'tt5' ., 'd �N61'll•1e'C —_ CONTRA COSTA COUNTY, CALIFORNIA
ib'e9 2, Ne9.19'S6'w me.+x•<n a4e• AUGUST 1989 SCALE: i' 40'
F,•,F' a0A[YMAY B UTILITIES O
EASEMENT TO MELiO ,- SELLECC, 6 ASSOCIATES
PER BJJI OR 480 8
r Y
'8 ae�8 SABLTMAN PER @3908 „ CONCORD
12
I z BASIS OF BEARINGS
Lu m b b _ TMC LINE @ETn EN A FW 600—AT THE OWER OF
7 $ g RS'O'�I SECTION 25,T.2H.,R.2E..M.O.@.A M,ANO A fAVNO STANOARO
Q S.O.E. z H B9'19'JS-W 168.64'(71 CONTRA COSTA COUNTY STREET MO—(NT AT THE Hmm q,
9t 910, 9@30, z CORNER Of SAID SECOON 27.PCR e.L.S.M..9 WEN AS
2QA0' $6.0_0' 11.05' 158.64 N 0'32.39' E, @ASEO ON MC CALIFORNIA 10010IHATE SYSTEM
-IO 00�- °"':9'lA'•e T95.04'li5 4.6 i' Eo.(M.
M 09.19'36"w 190 i9' a+1.23'+I" m
i »46 ssz. s " mY o:s6 LEG
�I END
10 a'n•+e'Dam N�po� 2 SET s/e R(BAa.ucc(D Ls.5329
,,.h •55,+2777 "k•22E.a4.6(i5 n
69'1•Yb•MRI �a� ' v fWNO S1AN0 RO
•95.]0•IT) ONTSMtT'COMMA COSTA
4. OMN
A.
••214•S$0'S• m' . . 1? 5�
' 4I
fN0
. RENT AS NO
TEO
V 89.1916'V IB7.79'T MOMENT TO MOUMENT
n@rvaW0,05. .92• 173.59' (T) TOTAL
Zi.'PTRT0ACCESS
RELNON(D.
A•14115' RIYACKCCSSPa0BIiFO
W I '•iv < l•@1.19' .0 n a� •" - (C y,•
T .•qa (j RECORO MfORMATION PER 54 PM e
LO nl 8� 1 p ;.•I9•>6.4b•(T) ��m "'6�`� ^] ii�� �u I•' P
7 456.40• d�J '�44v ri E6'2Y5t'�,R> �? pp 4M1I In. Sr.(vv.G.Cca>CN[LT M:rryMsi
•93.]9'(71
L - �b
Q� 2a 00' '^� -A,A•37'32' L•'S.BT' I �8 t` a
1 Q N b9'IY'773.
.',r,...�b L•`.e (xj 'r� 11..1C::•'17'rtw5. n3.32' I IiY :RD ^
\\, � .. I4 � u
—• ]]a:' O Irma .. a•@A•o5]x' o
L4 P
N@9'19" V an "L•66.47• I'
S.OC.—
l3iE' Tj4pb' 19.04' '�i. „I 54fi
_ °•t��>
A. ` Nff ^>,R {� i643 1643
I 8.A.40 1.3p/ - ` '`�
545
3'38.4 `n'?ti JDA TG3,W fRl
C 14
OWNERS
yl� i CARPENTER 7044 OR 401
NORTH STATE DEV.CO,
"]44' 1.r..a'T' uao4•cts o�1 4 r 1'(171 $PE. 13921 OR 141
1
0.00'- IJi.ti� 154.62' ,6
u1 051.15' �A=Me.B Y�1
'1 a•'1h I75d.15. ata bJ't/ 4ART)
N e9• 'ib^v uzLe+•Ln L sse•R(aAa.TAcc(D
LAUREL ROAD m
X- .. diC.'1fiGr5 � 'l�r'liAld LS Szv
is r:t:c.t
•v23
c...'Ec... )��07/ CDT$ dad ADa°rjie Oifl a�a
RESOLUTION NO. 971 289
Exhibit A
ASSESSMENT DIAGRAM OF SUBDIVISION 7003
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49
Property Owner's List
Lo# Number Assessor's Parcel Number Owner's Name/Address
-------------------
1 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
2 041-100-023 West Coast Home.Builders
4021 Port Chicago Highway
Concord, CA 94524
3 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
4 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
5 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
6 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
7 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
8 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
9 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
10 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
11 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
12 041-100-023 West Coast Home Builders
4021 Port Chicago Highway
Concord, CA 94524
****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.
Twelve (12) Class A, Single Dwelling Units
RESOLUTION NO. 97/ 289
EXHIBIT B
ENGINEER'S REPORT
TO THE
BOARD OF SUPERVISORS
FOR ESTABLISHING
COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ZONE 49
FOR
FISCAL YEAR 1997/98
RESOLUTION NO. 97/289
Total Assessment/ Charge On Countywide Landscape District (LL-2) Zone 49
In the event that the proposed assessment is levied, the total amount chargeable to
Countywide Landscape District (LL-2) Zone 49 will be $138.00 per parcel.
Assessment on Each Parcel
Each parcel described by Exhibit A shall be assessed $138.00 in Fiscal Year 1997/98.
Methodology for Calculatinq 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 49.
RESOLUTION NO. 97/289
EXHIBIT C
NOTICE IS HEREBY GIVEN THAT:
The County of Contra Costs is currently processing Subdivision 7003, consisting
of the twelve (12) parcels described in Exhibit A. On April 29, 1996, the owner of these
parcels submitted a request to the County Department of Public Works to annex them into
Countywide Landscape District (LL-2) Zone 49. In anticipation of this annexation on June
3, 1997, the Board of Supervisors adopted Resolution 97/289 fixing a public hearing to
consider levying an assessment (the "Assessment") on these parcels.
Exhibit B, The Engineer's Report to the Board of Supervisors for Establishing a
Countywide Landscaping District (LL-2) Zone 49 includes (1) the total amount that will be
chargeable to Countywide Landscape District (LL-2) Zone 49 if the assessment is
adopted; (2) the amount that will be chargeable to the property you own, as identified in
exhibit A; (3) the methodology upon which the Assessment is based; and (4) the duration
of the Assessment.
The Board of Supervisors will conduct a public hearing to consider levying the
Assessment (the "Hearing") on July 22, 1997 at 10:30 a.m. in Room 107 of the Board of
Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Hearing, the
Board of Supervisors will consider all protests against the Assessment and tabulate the
ballots.
Procedures for tabulating, completing and returning ballots: The Board will not
impose the Assessment if there is a majority protest. A majority protest exists if, upon the
conclusion of the Hearing, the total amount of the Assessments chargeable to parcels
whose owners submit ballots in opposition to the Assessment exceed the total amount of
the Assessments chargeable to parcels whose owners submit ballots in favor of the
Assessment.
A ballot is attached to this notice. The ballot may be completed and mailed to the
Contra Costa County Department of Public Works, Special Districts, 255 Glacier Drive,
Martinez, California 94553. The Ballot must be received by the Department of Public
Works on July 22, 1997. Immediately before the Hearing, the Board of Supervisors shall
consider any objections or protests to the Assessment and certify the tabulation of the
ballots. The Board of Supervisors will not impose the Assessment if there is a maiority
protest.
RESOLUTION NO. 97/ 289
EXHIBIT D
Ballot
Assessor's Parcel Nos.: (The Assessor's parcel numbers will be provided to the
Public Works Department as soon as they are available.)
Record Owner: West Coast Home Builders
Address: 4021 Port Chicago Highway
Concord, CA 94524
Yes, I approve of the proposed annual assessment of $138.00 on
each of parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of$138.00
on each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
RESOLUTION NO. 97/ 289
r `VSD � N I I Om c0 > z(1)
a .
o 0 z� m0 O
,C 0) n
co
a� CD
comms D 000
�Z 0I� 0 �r�-r
o _ O �_
00 Ln
Q o. Q r ° w 9 �a z°w cz
m � rvv ro vi H t" C m M m m D m
Zr n) a A rd '0-0 M M8 C7 z
-4 ? O (MD >C rt rt H (7 r_ Iq T C r-
41 v ODZp Z v, c0icn
M 0) cD �= m
p N C 'CJ (�D vM mpM ��(D/� <
0 (D a (D � O n Z Mm DC ww � m
G) vi G ry r• m r mo m s w � v (n
D pl Cn V p (n rt z T� C ;. . MOvzm < vo < m
CC (D ai O rt nO m D c% ° � D
m �O n z C m Z �
n v ° A. Q. O r- z m
O W m OD
3 d a. D n O
0o m v
m �
M
Z C 10
Ln �D
a N
C
0
nC 0
n c --� D O� p c/) =�
DF D M2 vc
c.� X G)m co
zz MM r m
a mc oMammm of c O O oOv 0 D ° Dm
z r C m !! C O I z O
z z r
�
z o o ° O
D > VN
o a
V o c
v
x m O m m W G ~
o r• m m v oo a
" v m r
Lo % �C �o ''
< r O A oo moo 1
G. Sty al r• t s Z� a
r c m
v
Dv o wD
N x s s, :Tt 1r o m�
"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, to hold a public hearing on July
22, 1997, at 10:30 a.m., to consider comments of any interested
person, either written or oral, to the proposed annexation of
Subdivision 7003 , Oakley Area, to Countywide Landscape District
(LL-2) Zone 49. A copy of the Engineer's Report, Is on file with
the Clerk of the Board of Supervisors, 651 Pine Street, Room 106,
Martinez, California, and the Public Works ' Department, 255
Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
Attest: June 3, 1997
By:
� ._ ._.:. .
Deputy Yhirley casillas
Publication Dates:
June 27, 1997
s���en5,a�s. oa
"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, to hold a public hearing on July
22, 1997, at 10:30 a.m., to consider comments of any interested
person, either written or oral, to the proposed annexation of
Subdivision 7003 , Oakley Area, to Countywide Landscape District
(LL-2) Zone 49. A copy of the Engineer's Report, is on file with
the Clerk of the Board of Supervisors, 651 Pine Street, Room 106,
Martinez, California, and the Public Works Department, 255
Glacier Drive, Martinez, California."
Phil Batchelor, Clerk of the Board
of Supervisors and County
Administrator
Attest:: p June 3, 1997
Deputy 0
Publication Dates:
June 27; 1997
g;1EnpSvctSpDlenSub7408.catt
June 9,1997
- � c, • 3 —97 i
PROOF O F I�U B L f OA7f O N "°el Boas of �pe9 lve °f
Contra Costa County will
c G r'� R in !O%'d 651m Pine
(2015.5 C.C.P-) Street, Martinez, California,
to hold a public hearing on
• July 22, 1997,at 10:30 a.m.,
STATS OF CAUFORNtA interestedfeerson el�merfwrt
County Of Contra Costa ten or oral, to the proposed
:.,, annexation of Subdmslon
7003,Oakley Area,to Coun-
i am a citizen of the United States and a resident of the tide Landscape District
(Lt.-2)Zone 49.A copy of the
County aforesaid; t am over the ape of elohteen years. Engineer's Report is on file
and not a party to or-Interested In the above-entitled with the Clerk of the Board of
Supervisors,6artinez Califor-
matter. Room 106,
nia,and the Public Works De-
partment, 255 Glacier Drive,
I am the Principal I..eoal Cleric of the Contra Costa Times. Ma",azrCalifornia.
a newspaper of general circulation, printed and pub- Phil Batchelor
If-shed at 2640 Shadelands Drive In the City Of'Watnut Clerk of the Board
of Supervtso AdministrLt
Creek, County of Contra Costa, 94598. ,
Attest:June 3,1997
And Witch newspaper has been adjudged a newspaper r)eputy Shirley Casilias
al
of general circulation by the Superior Court of the County Pu liish Ju�ne1 27,,1997
of Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed Is a printed copy(set In
type not smaller than nonparelf), has been published in
each, reoutar and entire Issue Of said newspaper and not
In ary supplement thereof on the following dates, to-wit:
.....................................................
all In de year of 19...97_
I certify (or declare) under penalty of perjury that the ~
foreoolno Is true and correct.
Executed t Walnut lPeek, California.
On th . day of .. 1997..
. ., .................................
Signature
Contra Costa -Gimes
P.O. Bax 4147
Walnut Creek, CA 94596
(510),935-2525
Proof of Publication of:
(attached I-- a copy of the legal advertisement that pub-
llshed)
j RECEIVES►
JUL i
— 31997
I
CLERIC BOARD OF SUPER ORS
CONTRA COSTA CO.