HomeMy WebLinkAboutMINUTES - 05041999 - C54 Contra
TO: BOARD OF SUPERVISORS � + Costa
County
FROM: DENNIS M. BARRY, AICD
COMMUNITY DEVELOPMENT DIRECTOR
DATE. May 4, 1999
SUBJECT: APPROVING PROPOSED RESOLUTION OF INTENTION AND BOUNDARY MAP
UNDER SECTION 10184 OF THE STREETS AND HIGHWAYS CODE OF CALIFORNIA
IN AND FOR THE WINDEMERE RANCH ASSESSMENT DISTRICT 1999-1 FOR THE
ASSOCIATION OF BAY AREA GOVERNMENTS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) +& BACKGROUND AND JUSTIFICATION
Q(I NDA t7NS: PASS and ADOPT the attached resolution.
FI !;AL IMPACT: The resolution allows an assessment district to be formed under
ABAG's authority that eliminates county cost and county liability.
B C FOR RECOMMENDATIONS:
The attached resolution is necessary for ABAG to form a pool for financing an
assessment district for the construction of their project. As the Board may be aware,
over the last fifteen years, ABAG has been creating financing pools to assist local
jurisdictions get the amount necessary to make a cost-effective and efficient bond
sale. The provisions indicate that the county will have no liability should the bonds
fail in any way. ABAG appears to be the preferred issuer because they are able to
pool and have the ability to eliminate the prepayment penalty. It is necessary for the
Board to pass the resolution to allow ABAG to proceed.
OR ATTACHMENT: x YES SIGNATNWFAMNNMEMW� U , w
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD QOMMITTEE
4-APPROVE __ _ _ OTHER
i
SIGNATURE(S).
ACTION OF BOARD ON _ f_ APPROVED AS RECOMMEND I ED ;X-OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT a '�d�_��.. ) AND CORRECT COPY OF AN ACTION TAKEN
AYES:w _ NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: —ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
DC/mp
Contact: Debbie Chamberlain (5103/335-1213) ATTESTED
cc: Community Development Department (CDD) PHIL, BATCHEL.OL.EAOF
County Administrator THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Building Inspection
Public Works
BY ` - > , t . , DEPUTY
windem.bo ,�
RESOLUTION NO. 9 912 2
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA APPROVING PROPOSED RESOLUTION OF INTENTION AND BOUNDARY
MAP UNDER SECTION 10104 OF THE STREETS AND HIGHWAYS CGDE OF
CALIFORNIA IN AND FOR THE
WINDEMERE RANCH ASSESSMENT DISTRICT 1999-1 FOR THE
ASSOCIATION OF BAY AREA GOVERNMENTS
WHEREAS,the Association of Bay Area Governments (the"Agency"), a joint exercise of
powers agency, duly organized under the laws of the State of California and operating in the County
of Contra Costa (the "County"), is beginning special assessment proceedings under the Municipal
Improvement Act of 1913, being Division 12 of the Streets and Highways Code of California(the
"Act") in and for the Agency's Windemere Ranch Assessment District 1999-1 (the "Assessment
District")for the construction and acquisition of water system rights and improvements, and
WHEREAS,under Section 10104 of the Act,the Agency must obtain certain approvals from
the Board of Supervisors of the County as a condition to continuing proceedings for the Assessment
District because the Agency is neither a City nor a County and a portion of the lands proposed to be
assessed by the Agency in and for the Assessment District lies within unincorporated territory of the
County, and,
WHEREAS,the Agency has filed with the Clerk of the Board of Supervisors a request that
the Board of Supervisors approve the proposed Resolution of Intention and Boundary Map to be
used by the Agency in its proceedings for the Assessment District, together with copies of the
proposed Resolution of Intention and Boundary Map for the Assessment District; and,
WHEREAS,the public interest, convenience and necessity will be served by the conduct of
proceedings for the Assessment District by the Agency;
NOW,THEREFORE,BE IT RESOLVED by the Board of Supervisors of the County, as
follows.
Section 1. The form of proposed Resolution of Intention and Boundary Map for the
Agency's Assessment District submitted by the Agency to the Board of Supervisors are hereby
approved.
Section 2. The approvals granted herein shall in no way subject the County to any
liability for the costs of the proposed acquisitions and improvements, the Assessment District, the
assessments to be levied therein nor any of the bonds to be issued by the Agency for the Windemere
Ranch Assessment District.
Section 3. The Clerk of the Board of Supervisors is directed to file a certified copy of the
Resolution with the Secretary of the Agency as soon as possible.
PASSED AND ADOPTED this 4th day of May, 1999 by the following vote of the Board
of Supervisors, to wit:
AYES: SUPERVISORS GIGIA, UILKEMA, GERBER, DESAULNIER and ;CANC IAMILLA
INTOES: None
ABSENT: None
ABSTAIN: None �
=Chairman of the Board of Supervisors;
County of Contra Costa
State of California
ATTEST:
Clerk of the Board of Supervisors
County of Contra Costa
By:
LEGAL DESCRIPTION
WINDEMERE
CONTRA COSTA COUNTY, CALIFORNIA
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING ALL OF THAT CERTAIN PARCEL OF LANE} AS SHOWN AND SO DESIGNATED
ON THAT CERTAIN RECORD OF SURVEY RECORDED FEBRUARY 25, 1981 IN BOOK
68 OF LICENSED SURVEYOR'S MAPS AT WAGE 20 IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEASTERN CORNER OF SAID PARCEL OF LAND,
THENCE, FROM SAID POINT OF BEGINNING, ALONG THE BOUNDARY DINE OF SAID
PARCEL OF LAND, THE FOLLOWING FIFTY-TWO (52) COURSES:
1) SOUTH 05047838" WEST 1186.86 FEET,
2) SOUTH 25°36' 43" EAST 971.76 FEET,
3) SOUTH 02°53' 42" WEST 874.71 FEET,
4) SOUTH 46043' 40" 'WEST 508.29 FEET,
5) SOUTH 54°42' 12" WEST 228.41 FEET,
6) SOUTH 18`41' 02" WEST 976.80 FEET,
7) SOUTH 48043' 31" EAST 330.00 FEET,
8) SOUTH 02°37' 4$" WEST 438.24 FEET,
9) SOUTH 38°29' 47" WEST 808.50 FEET,
10) SOUTH 12°23' 49" WEST 153.33 FEET,
11) SOUTH 01132' 04" WEST 94. 62 FEET,
12) SOUTH 06029' 47" GEST 653.74 FEET,
13) SOUTH 00003' 04" WEST 1705. 65 FEET,
14) SOUTH 47"32'09" EAST 593.54 FEET,
15) SOUTH 24050' 12" WEST 3912.60 FEET,
LEGAL DESCRIPTION
PAGE TWO
16) SOUTH 41825100" FEST 555.81 FEET,
17) SOUTH 01°52'24" WEST 1145. 90 FEET,
18) SOUTH 01°48' 08" WEST 404.58 FEET,
1911 SOUTH 04*11152" EAST 1156.35 FEET,
20) SOUTH 12°00' 37" WEST 1136.96 FEET,
21) NORTH 76°27122" WEST 526.21 FEET,
22) SOUTH 6217126" WEST 886.61 FEET,
23) SOUTH 76021' 49" WEST 202.39 FEET,
24) NORTH 473$` 45" WEST 3344.70 FEET,
25) NORTH 99°1712.9" WEST 2015.55 FEET,
253 NORTH 36°59' 49" WEST 481.74 FEET,
27) NORTH 64832138" WEST 612.93 FEET,
28) NORTH 37800' 49" WEST 75B.45 FEET,
291 NORTH 35830' 46" WEST 2110.56 FEET,
30) NORTH 42°26153" EAST 264.40 FEET,
31) NORTH 86"52' 12" EAST 562.01 FEE:',
32) NORTH 21058130" EAST 1.316.13 FEET,
33) NORTH 00815'29" WEST 396.1,7 FEET,
34) NORTH 15813154" EAST 429.38 FEET,
35) NORTH 19*45'20" WEST 461.93 FEET,
36) NORTH 31°12' 50" EAST 594.77 FEET,
37) NORTH 2603012811 WEST 659.73 FEET,
38) NORTH 13"28' 59- EAST 326.98 FEET,
39) NORTH 33812' 41" EAST 280.88 FEET,
40) NORTH 16°4.3' 49" EAST 564.83 FEET,
41.) NORTH 46°11'32" EAST 317.30 FEET,
LEGAL DESCRIPTION
FORGE THREE
42) NORTH 35°07' 42" EAST 810.38 FEET,
43) NORTH 38037132" EAST 535.10 FEET,
44) NORTH 1452' 42" EAST 709.65 FEET,
45) NORTH 3105249" EAST 372.42 FEET,
46) NORTH 22°07'54" EAST 824.82 FEET,
47) NORTH 28°07' 54" EAST 396.08 FEET,
48) NORTH 53006' 17" EAST 330.63 FEET,
49) NORTH 46°3657" EAST 594.88 FEET,
50) NORTH 20052' 53" EAST 481.65 FEET,
51) SOUTH 88°5259" EAST 3595.19 FEET, AND
52) SOUTH. 88°18' 36" EAST 2261.97 FEET TO SAID POINT OF BEGINNING,
AND CONTAINING 2319.73 ACRES OF LAND, MORE OR DESS.
END OF DESCRIPTION
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04/.22!99 Tait! os:30 FAX 510 464 7985 ABriC X005
s
A RESOLlUTION of IN ENTION To
MAKE ACQUSITIONS ANIS IMPROVEMENTS
ASSOCIATION OF BAY AREA GOVERNMENTS
Windemere Manch Assessment District 1999-1
RESOLVED by the Board of Directors (the "Board") of the Association of Bay Area
Governments(the "Agency"),State of California,as follows:
1. Intention. The public interest, convenience and necessity require, and that it
intends to order the making of the acquisitions and improvements described in Exhibit "A"
attached hereto and made a part hereof in and for the Agency's proposed Windemere Ranch
Assessment District 1999-1 (the "Assessment District").
2. Law Applicable. Except as herein otherwise provided for the issuance of bonds,
all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division
12 of the Streets and. Highways Code of California (the"Act").
3. Nature and Location of and Grades for Improvements. All of the work and
improvements are to be constructed at the places and in the particular locations, of the forms,
sizes, dimensions and materials, and at the lines, grades and elevations, as shown and
delineated upon the plans, profiles and specifications to be matte therefor, as hereinafter
provided. There is to be excepted from the work above described any of such work already
done to line and grade and marked excepted or shown not to be done on the plans, profiles and
specifications. Whenever any public way is herein referred to as running between two public
ways,or from or to any public way,the intersections of the public ways referred to are included
to the extent that work is shown on the plans to be done therein. The streets and highways are
or will be more particularly shown in the records in the office of the County Recorder of the
County and shall be shown upon the plans.
4. Change of Grade.Notice is hereby given of the fact that in many cases the work
and improvements will bring the finished work to a grade different from that formerly existing,
and that to the extent the grades are hereby changed and that the work will be clone to the
changed grades.
5. Work on Private Property. In cases where there is any disparity in level or size
between the improvements proposed to be made herein and private property and where it is
more economical to eliminate such disparity by work on the private property than by
adjustment of the work on public property, it is hereby determined that it is in the public
interest and more economical to do such work on private property to eliminate such disparity.
In such cases,the work on private property shall, with the written consent of the owner of the
property,be done and the actual cost thereof may be added to the proposed assessment of the
lot on which the work is to be done.
6. Official Grades. This Board does hereby adopt and establish as the official
grades for the work the grades and elevations to be shown upon the plans, profiles and
specifications. All such grades and elevations are to be in feet and decimals thereof with
reference to the datum plane of the County.
7. Descriptions - General. The descriptions of the acquisitions and improvements
and the ternv.ni of the work contained in this Resolution are general in nature. All items of work
do not necessarily extend for the full length of the description thereof.The plans and profiles of
04,/22/99` THU 08:30 FAX 510 464 7985 ABAG '
- - 2006
the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed
to be made and filed,shall be controlling as to the correct and detailed description thereof.
3. Special Benefit and Boundary Map. The contemplated acquisitions and
improvements,in the preliminary opinion of this Board, are of special benefit to, and the costs
and expenses thereof are made chargeable upon the Assessment District, the exterior
boundaries of which are shown on a map thereof on file in the office of the Secretary of this
Agency, to which reference is hereby made for further particulars. The map indicates by a
boundary line the extent of the territory proposed to be included in the Assessment District and
shall govern for all details as to the extent of the Assessment District. This Board. declares that
all public streets, highways, lanes and alleys within the Assessment District in use in the
Pei,
of a public function,shall be omitted from the assessment hereafter to be made to
cover the costs and expenses of the acquisitions and improvements.
9. Division 4. It is hereby determined that there shall be no proceedings pursuant
Division 4 of the California Streets and Highways Code because of the filing with the Secretary
of the Agency of a petition executed by owners of at least 60% of the lands proposed to be
assessed within the Assessment District petitioning for the proceedings and waiving
proceedings under Division 4, all as contemplated by Section 2804 (a) (3) of the, Streets and
Highways Code.
10. Engineer's Report. The acquisitions and improvements are hereby referred to
Carlson, Barbee &s Gibson, Inc.,San Ramon, California, for the purpose hereof as Engineer of
Work for the Assessment District(the"Engineer of Work"),and the Engineer of Mork is hereby
directed to make and file with the Agency Secretary a report in writing (the "Engineer's
Report"),presenting the following:
(a) Maps and descriptions of the lands and easements to be acquired, if any;
(b) Flans and specifications of the proposed improvements if the
improvements are not already installed.The plans and specifications do not need to be
detailed and are sufficient if they show or describe the general nature, location, and
extent of the improvements. If the Assessment District is divided into zones, the plans
and specifications shall indicate the class and the type of improvements to be provided
for each zone. The plans or specifications may be prepared as separate documents, or
either or both may be incorporated in the Engineer's Report as a combined document;
(c) A general description of works or appliances already installed and any
other property necessary or convenient for the operation of the improvements, if the
works,appliances, or property are to be acquired as part of the improvements;
(d) An estimate of the cost of the improvements and of the cost of lands,
rights-of-way,easements,and incidental expenses in connection with the improvements,
including any cost of issuing and registering bonds;
(e) A diagram showing, as they existed at the time of the passage of this
Resolution,all of the following:
( ) The exterior boundaries of the Assessment District.
(2) The boundaries of any zones within the Assessment District.
(3) The lines and dimensions of each parcel of land within the
Assessment District.
_2_
0,4/22/99 _THU 08:31 FAX 510 464 7985 ABAG Z007 w
Each subdivision, shall be given a separate number upon the diagram,. The
diagram shall refer to the assessor's maps of the County for a detailed description of the
lines and dimensions of any parcels, in which case those maps shall govern for all
details concerning the lines and dimensions of the parcels;
(f) A proposed assessment of the total amount of the cost and expenses of
the proposed improvement upon the several subdivisions of land in the Assessment
District in proportion to the estimated benefits to be received by each subdivision,
respectively, from the improvement. The assessment shall refer to the subdivisions by
their respective numbers as assigned pursuant to subdivision(e);
(g) Proposed assessments upon each of the several subdivisions of land in
the Assessment District for the maintenance and repair of the Improvements under
Section 10100.8 of the Act; and
(h) A proposed maximum annual assessment upon each of the several
subdivisions of land in the Assessment District to pay costs incurred by the Agency and
not otherwise reimbursed which result from the administration and collection of
assessments or from the administration or registration of any associated bands and
reserve or other related funds.
When any portion or percentage of the casts and expenses of the acquisitions and
improvements is to be paid from sources other than assessments,the amount of such portion or
percentage shall first be deducted from, the total estimated cost and expenses of the
acquisitions and improvements, and the assessment shall include only the remainder of the
estimated cost and expenses.
11. Use of Surplus. If any excess shall be realized from the assessment it shall be
used, in such amounts as this Board may determine, in accordance with the provisions of the
Act,for one or more of the following purposes.
(a) Transfer to the general fund of this Aggency, provided that the amount of
any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount
expended from,the improvement fund;
(b) As a credit upon the assessment and any supplemental assessment or for
the redemption of bonds,or both;or
(c) For the maintenance of the improvements,
12. Contact Person, Clarke Howatt, Financial Services Manager of the Agency, is
hereby designated as the person to answer inquiries regarding any protest proceedings to be had
herein, and may be contacted during regular office hours at Association of Bay Area
Governments,101 Eighth Street,Oakland,CA 94607,or by calling telephone number(510) 464-
7932.
13. Contracts with Others.To the extent that any of the work, rights, improvements
and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown
to be connected to the facilities, works or systems of, or are to be owned, managed and
controlled by, an public agency other than this Agency, or of any public utility, it is the
intention of this gency to enter into an agreement with such public agency or public utility
pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may
provide for,among other matters,the ownership,operation and maintenance by such agency or
4-
04/22/N THU 08.31 FAX 510 404 7085 A13AC
Q008
utility of the works,rights,improvements and acquisitions,and may provide for the installation
of all or a portion of such improvements by the agency or utility and for the provi
04/22/90 THU 08:32 FAX 510 464. 7985 ABAG I3�009
contingent upon the completion of and payable from the proceeds of the assessment financings
and the Agency shall not otherwise be liable for their compensation.
PASSED,APPROVED and ADOPTED , 1999.
Mary V. King,President
ATTEST.
Eugene Y. bong,Secretary
-5-
04/_22/99 ' THU 08:32 FAX 514 484 7985 ABAG �81Q
I XHIBrF A
ASSOCIATION OF BAY AREA GOVERNMEN'T'S
Windemere Ranch Assessment District 1999-1
DESCRIPTION OF WORK
Within tate Association of Bay Area Cxovernments Windemere Ranch Assessment
District 1999-1, County of Contra Costa, State of California, the construction and acquisition
of the fallowing public improvements, including the acquisition of all lands, easements, rights-
of--wav, licenses, franchises, and permits and the construction of all auxiliary work necessary
anti/c r convenient to the accomplishment thereof,(including,but not limited to the removal and
disposal of toxic materials related to the public improvements), in accordance with plans and
specifications to be approved by appropriate agencies:
(1) The acquisition of water rights sufficient to provide domestic and fire flows for a
residential and commercial development within the assessment district and the payment of
costs related to such acquisition and the construction of public streets, utilities, and related
appurtenances;
(2) The acquisition of completed reports, studies, drawings, plans, specifications,
and related documents and the related costs of consultants, engineers, attorneys and
appraisers, all as required to provide for the grading and construction necessary for public
streets,curbs,gutters,sidewalks,Water,sanitary server and storm drainage facilities;
(3) The acquisition of outstanding and existing fixed-lien assessments on lands
within the Assessment District;
(4) The acquisition and/or construction of all clearing,grubbing, grading, filling, base
material, wearing surfaces, curbs, gutters, sidewalks, potable water, reclaimed water, storm
drainage facilities and appurtenances, street lighting, signage and landscaping improvements
and all public facilities ancillary to the aforesaid.
A-t
04/22/00 THU 08.39 FAX 510 4647085 ABAG X011
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