HomeMy WebLinkAboutMINUTES - 05202003 - C13-C14 to: BOARD OF SUPERVISORS £� ' ' � Contra
FROM: Edward P. Meyer, Agricultural Commissioner- , rc
Director of Weights and Measures �a
DATE: May 7, 20303
County
SUBJECT: FIX HEARING TO ESTABLISH NEW FEES FOR INSPECTIONS AND SERVICES
CONDUCTED BY THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTIONS:
1. FIX June 3, 2003, at 9:30 a.m. for a public hearing to amend Chapter 522-4 to the County
Ordinance Code to authorize the County Agricultural Commissioner/Director Weights and
Measures to charge a fee for requested inspections of commercial and noncommercial
weighing and measuring devices.
2. DIRECT the Contra Costa Department of Agriculture to submit documentation indicating the
proposed fee schedule to the Clerk of the Board by May 22, 2003,
3. DIRECT the Clerk of the Board to publish notice of the public hearing pursuant to Government
Code section 5062(a)and to make proposed fee schedule available for public review.
FINANCIAL IMPACT:
The fees are intended to recover the costs for requested inspections and re-inspections.
BACKGROUND:
Section 12210 of the Business and Professions Code provides that a county's Board of Supervisors
may authorize its Director of Weights and Measures to establish, from time to time, a schedule of feces
to cover the cost of the inspection and testing of noncommercial weighing and measuring devices upon
the written request of any person, firm or corporation.
Section 12210.5 of the Business and Professions Code enables a county, if authorized by its Board of
Supervisors, to charge a fee for the inspection and testing of any commercially used weighing and
measuring device when the inspection or testing is requested by the owner or user of such device, and
could legally be performed by a registered repairman. Section 122101.5 provides such fees shall be
based upon a uniform schedule of fees established by the Director of Agriculture of the State of
California for use by the counties. (See, current Schedule of Fees, attached.)
CONTINUEDC3 ACHMENT: Q YES
SIGNATURE{ =: r
ACTION OFB C1 ON MkY 20), 2O 33
APPROVED AS RECOMMENDED [K] OTHER ❑
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT CONY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT DIST. I ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED: MAY 20,2003
DSSIR a IH SEAT'VACW
Contact: VINCE GUISE,646.5250 JOHN SWEETEN,CLERK OF THE BOARD OF
cc: COUNTY ADMINISTRATOR SUPERVISORS AND COUNTY ADMINISTRATOR
By: ,� — Deputy
N
This ordinance would authorize the County's Director of Weights and Measures to charge and collect fees
for the inspection and testing of both commercial and non-commercial weighing and measuring devices,
including fees for re-inspection of commercial devices that fail an initial inspection, in accordance with the
schedule of fees established by the director of Agriculture of the State of California as it may be amended
from time to time.
CONSEQUENCES OF NEGATIVE ACT QN:
If the Board does not authorize the new fees, the Department of Weights and Measures would he unable
to charge these fees for requested inspections and re-inspections and would have to absorb those costs.
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1
TO: '��OARD OF SUPERVISORS 04
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR
DATE: May 20, 2003
SUBJECT: ADOPT Resolution No. 2003/330 accepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments; and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments and complete public noticing, Countywide area. (All Districts) (WO5244)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. ADOPT Resolution No. 2003/330 accepting the preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004 and declaring the intent to levy and
collect assessments;
2. FIX a Public Hearing for July 8, 2003 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 and
the adoption of the proposed annual assessments for the Countywide Landscape District and
authorize that they be collected on the tax roll;
3. DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each
parcel owner within Zones 1, 2, and 4 in compliance with Proposition 218.
4. DIRECT the Clerk of the Board of Supervisors to complete the required public notification in
accordance with Section 6061 of the Government Code.
Continued on Attachment: X SIGNATURE:
COMMENDAT I.0 1 N OF COUNTY ADMINISTRATdR 71
RECOMMENDATION OF BOARD COMMITTEE
vAPPROVE THE
SIGNATURE(S):�T.
ACTION OF BOON MAY 20, 2003
APPROVED A COMMENDED Xx OTHER
VOTE OF SUPERVISORS N.ONE
XX UNANIMOUS(ABSENT
AYES: NOES: I hereby certify that this is a true and correct copy of
ABSENT: ABSTAIN: an action taken and entered on the minutes of the
DM:sr DISTRICT III SEAT VACANT Board of Supervisors on the date shown.
G:\GrpData\SpDist\Board Orders�Annual Renewals\
2003\LL-2\Board Packet\B0-Preliminary LL-2.doc
Orig.Dept.: Public Works(Special Districts)
Contact: Skip Epperly(313-2253) ATTESTED:_ MAYS 2003
cc: County Administrator JOHN SWEETEN,Clerk of the Board of
County Counsel Supervisors and County Administrator
Auditor-Controller
County Assessor
PW Accounting
D.Morabe,Sp.Dist. By Deputy
Francisco&Associates
.................I.............................................................................................................................................................................
.. . .............. .................................... . .. . .. . . ..............................................................
141
SUBJECT: ADOPT Resolution No. 2003330 accepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments; and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments and complete public noticing, Countywide area. (All Districts) (W05244)
DATE: May 20,2003
PAGE: -2-
11. Financial Impa
Implementation of the proposed Countywide Landscape District assessments for Fiscal Year 2003/2004
revenue will be approximately$1,005,773.
Ill. Reasons for Recommendations and Background:
The proposed assessments for the Countywide Landscape District AD 1979-3(LL-2)are for the purpose of
maintaining existing facilities within the various zones. The countywide Landscape District contains
nearly twenty-five (25) zones comprised of chiefly frontage and median landscaping installed by
developers in conformance with their Conditions of Approval. Funds collected through assessments from
the parcels in each zone are used to operate and maintain the landscape improvements benefiting the
development.
Due to normal inflation,the County's cost to maintain and operate the facilities benefiting from the Benefit
Zone 1,2 and 4 has increased-The parcel owners in Zones 1,2,and 4 will be mailed ballots to consider the
proposed increase in assessments.
IV. Consequences of Neizative Action:
Funds will not be available to maintain the landscaping and other improvements in the zones.
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. . . .............................................................................................................................................................................................
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 20, 2003 by the following vote:
AYES: SUEIWTSORB 7UIUUM, GERBER PM DESAMNIER
NOES: NONE
ABSENT: SUPERVISOR JOHN GIOIA
ABSTAIN: NONE
DISTRICT III SEAT VACANT' Resolution No. 2003/ 330
SUBJECT: ADOPT Resolution No. 2003/330 accepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments; and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments,Countywide area.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The Board of Supervisors declares its intention to levy and collect assessments in existing zones within the
Countywide Landscape District(LL-2),Contra Costa County,California,for the fiscal year beginning July 1,
2003 and ending June 30, 2004.
2. In addition, the Board of Supervisors proposes to increase the assessment rate in Zones 1, 2, and 4 and
comply with Proposition 218 with a ballot and notice process.
3. The improvements to be maintained through Countywide Landscape District(LL-2),Contra Costa County,
California, consist of the installation, maintenance and servicing of landscaping, irrigation, park and
recreational related facilities with all appurtenances, and services of consultants as needed. A detailed
description of the improvements that are being operated,maintained and serviced throughout each zone in
the District are listed below:
Zones 1, 2, and 4(Lynbrook Development, Bay Point)- Subdivisions 5354, 5380, 5533, 5534, 5595, 5695, 6622
and MS 11-84.
Maintain and service landscaping,irrigation and related improvements along Port Chicago Highway,Kevin Drive,
Lynbrook Street, Willow Pass Road, and the Lynbrook public park within the Lynbrook Development.
I hereby certify that this is a true and correct copy of an
DM:sr action taken and entered on the minutes of the Board of
G:1SpDist\]3oard Orders\Annual Renewals\20031,LL-218oard Packet\130-Preliminary LL-2.doc Supervisors on the date shown.
Originator:Public Works(Special Districts)
Contact: Skip Epperly,(925)313-2253
cc: County Administrator's Office
Auditor-Controller ATTESTED: MAY 20, 2003
County Counsel
County Assessor JOHN SWEETEN,Clerk of the Board of Supervisors
Public Works-Accounting and County Administrator
D.Morabe,Sp.Dist.
Francisco&Associates
By Deputy
RESOLUTION 2003/ 330
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e511Y
SUBJECT: ADOPT Resolution No. 2003/330 accepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments; and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments, Countywide area.
DATE: May 20, 2003
PAGE: -2-
Zone 3 (Hickory Meadows, Bay Point) - Subdivision 5573
Maintain Play Lot(0.32 acres within Hickory Meadows Development-Subdivision 5573)includes all landscaping,
irrigation, ground cover and related improvements.
Zone 5(Pacheco Beautification Project)—900 parcels
Landscaping, irrigation and related improvements within Pacheco Boulevard Islands and Aspen Drive Creekside
Park.
Zone 7(Pleasant Hill/BART)-Redevelopment Project
Maintain all landscaping features installed as a part of the Redevelopment Project, including Fox Creek Park.
Zone 10(Viewpoint, Bay Point)- Subdivision 6484
Maintain landscaping,irrigation,ground cover,paved walking trail and related improvements within"slope,scenic
and trail easement" and Viewpoint Park.
Zone 11 (Hilltop Commons, San Pablo Area) LUP 2042-85
Maintain median island landscaping and irrigation facilities along San Pablo Avenue between Atlas Road and
Shamrock Drive and the frontage landscaping along the south side of San Pablo Avenue.
Zone 17(Shadow Creek-Camino Tassajara)- Subdivision 7040, 7041 and 7279
Maintain and service landscaping and irrigation system along frontage area and median islands on Camino Tassajara
and entrance areas at Shadow Creek Drive and Knollview Drive.
Zone 18 (Pacheco Manor) - Subdivision 6958
Maintain and service landscaping,irrigation and related improvements along Pacheco Boulevard and Temple Drive.
Zone 19(Hidden Pond, Martinez Area) - Subdivision 6769, 7820, 7821, 7144, and 7151
Maintain and service landscaping,irrigation and related improvements along Hidden Pond Road and Reliez Valley
Road.
Zone 21 (Kensington Area)
Maintain, service and install as required median landscaping along Arlington Avenue, the Colusa Traffic Circle,
(other landscaped areas as required in future),Kensington Pathways(to be maintained as directed from fiscal year to
fiscal year). Irrigation will be by the use of water trucks. This zone includes residential and commercial
assessments.
Zone 22 (Seabreeze,Bay Point) - Subdivision 7152
Maintain and service landscaping and irrigation system along Evora Road and along the perimeter of the
subdivision. Parcel A and the fencing around Parcel A will be maintained.
RESOLUTION 2003/...330
SUBJECT: ADOPT Resolution No. 2003/33(hccepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments, and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments, Countywide area.
DATE: May 20,2003
PAGE: -3-
Zones 27(Bettencourt Ranch and Sommerset,Camino Tassajara)-Subdivisions 7188,7277,7278,7279,7280,and
7763 Maintain 'landscaping, irrigation and miscellaneous facilities along the Camino Tassajara frontage of
Bettencourt Ranch and Sommerset Subdivisions. Maintained areas include the areas between the edge of curb on
Camino Tassajara and the stone wall, which is installed along the back property lines of lots, which back up to
Camino Tassajara.
Zone 35 (Byron Seventy-Eight,Byron Area) MS 39-91,DP 3031-91 and Subdivision 8456
Maintain landscape improvements constructed at the time the parcels are developed. Future improvements will
include landscaping, irrigation and miscellaneous facilities within the public right of way including medians along
Highway 4 and Bixler Road.
Zone 36(Alamo Area)
Maintain frontage landscape throughout the Alamo area.
Zone 37 (Clyde Area)
Maintain park and recreational facilities in Clyde. Parks included are:Clyde,Marie Porter,Big Oak and Maybeck
Nature. This zone includes residential and commercial assessments.
Zone 38(Rodeo Area)
Maintain landscaping,trails and recreational facilities along Rodeo Creek Trail Corridor, and improvements to the
ten-acre Lefty Gomez Ballfield Complex in Rodeo.
Zone 42 (California Skyline, Bay Point)- Subdivisions 7597, 7737 and 7838
Maintain landscape improvements within the public right of way, along both sides of Driftwood Drive, plus
medians,frontage along the north side of Evora Road and 1/4 acre mini park on Tradewinds and Coastview Courts.
Zone 45(Alamo Villas, Alamo Area) - Subdivision 7559
Maintain landscaping and irrigation within the public right of way fronting approximately 120 linear feet along
Subdivision 7559.
Zone 48(Mrack'Road,Camino Tassajara)-Subdivision 7613,7621,7776,7777,7778,7779,7780,8104 and 8711
Maintain landscaping and irrigation within the public right of way along 725 linear feet of Camino Tassajara
fronting Subdivision 7621.
Zone 54(Alamo Area)- Subdivisions 7601 and 7818
Maintain landscaping within the public right of way of Livorna Road and Miranda Avenue,fronting Subdivisions
7601 and 7818, totaling approximately 4,320 linear feet. Landscaping varies in width from 23 feet to 170 feet.
RESOLUTION 2003/ 330
1111.11.1.1.........................................................................................................................................................................................................
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10
SUBJECT: ADOPT Resolution No. 2003/330accepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments; and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments, Countywide area.
DATE: May 20, 2003
PAGE: -4-
Zone 57 (Byron Area) Subdivisions 7679, 7881, 7907, 7908 and 7909
Maintain landscaping within the public right of way along Highway 4 and Bixler Road,fronting Subdivisions 7679
and 7881,totaling approximately 3,680 linear feet,Pothole Drive median totaling approximately 320 linear feet,and
landscaping of a 3.2-acre park(Tyler Park),
Zone 61 (Discovery Bay West) Subdivision 7686
Maintain landscape improvements that will be constructed at the time the parcels are developed. Future
improvements will include maintenance and administration of landscaping irrigation and related facilities along the
public right of way of Bixler Road Village 1,11,111 and IV, Newport Drive,Park and Ride Lot and Point of Timber
Road as well as the Village I Park.
Zone 63 (Parkway Estates,North Richmond Area) - Subdivision 7903
Maintain landscaping improvements located in the Parkway Estates park.
Zone 64 (California Reflections, Pinole Area) - Subdivision 7661
Maintain landscape improvements located within the public right of way fronting San Pablo Avenue/Eire Drive.
Zone 68 (Wendt Ranch, Danville Area)—Subdivision 8002
Landscape improvements are located within the public right-of-way of medians along Camino Tassajara and
Knollview Drive and frontage landscaping on Camino Tassajara.
The Public Works Director,has filed with the Clerk of the Board the Annual Report required by the Landscape and
Lighting Act of 1972. This report contains a full and detailed description of the improvements,the boundaries of the
assessment district and the proposed assessments upon assessable lots and parcels of land within the assessment
district.
4. Based upon its review of the Preliminary Engineers Report, the Board finds that:
(a) The special benefit financed by the assessments will directly benefit the parcels within each of the
zones.
(b) The cost of the existing assessments within each zone is proportional to the benefits that the special
benefit will confer on each parcel.
(c) The cost of the proposed increased assessments within each zone is proportional to the benefits that
the special benefit will confer on each parcel.
RESOLUTION 2003/ 330
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SUBJECT: ADOPT Resolution No. 2003/330accepting the Preliminary Engineer's Report for Countywide
Landscape District AD 1979-3 (LL-2) Fiscal Year 2003/2004; DECLARE the intent to levy and
collect assessments; and FIX a public hearing for July 8, 2003 to adopt the proposed annual
assessments,Countywide area.
DATE: May 20, 2003
PAGE: -5-
Now,therefore the Board of Supervisors ORDERS and RESOLVES as follows:
1. The Board approves the Preliminary Engineers Report and opens the Report to public inspection at both
the Clerk of the Board and Public Works offices.
2. The Board will conduct a public hearing(the"Hearing„)on July 8,2003 at 9:30 a.m.in Room 107 of the
Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
3. 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")to the record owners of each parcel within Zones 1,2,
and 4. The ballot shall be attached to the Ballot Notice.A copy of the Engineer's Report is on file with
the Clerk of the Board and the Public Works Department.
4. After the close of the Public Hearing, the ballots will be tabulated. At the Hearing, the Board shall
consider any objections or protests to the Assessment and certify the tabulation of the ballots. The Board
shallnot impose the Assessment if there is a majority protest. A majority protest exists if, upon
conclusion ofthe 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 Ficial Report for the Assessment; confirms the Final Report; and levies the Assessment
for the Fiscal year referred to in the Engineer's Report.
RESOLUTION 2003/ 330
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PROOF OF PUBLICATION �trt
(2015.5 C.C.P.) €�
STATE OF CALIFORNIA
County of Centra Costa
1 am a citizen of the united States and a resident of the [�,•
County aforesaid; 1 am over the age of eighteen years, and
not a party to or interested in the above-entitled matter.
I am the Principal Legal Clerk of the Contra Costa Times,a
newspaper of general circulation, printed and published at
2540 Shadelands Drive to the City of Walnut Creek,County
of Contra Costa,94598.
And which newspaper has been adjudged a newspaper of
ggenerat circulation by the Superior Court of the County of
Contra Costa, Stats of California,under the date of October
22,1934.Case Number 19754.
The notice,of which the annexed is a printed copy (set in
type not smaller than nonpareil),has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates,to-wit:
June 27,
all in the year of 2003
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Cree la.
On thi 7 day of June,
Sig.. . . . .....
Contra Costa Times
P O Sox 4147
Walnut Creek,CA 94595
(925)935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that published)
Nf7TiGE Ot'A PtNtUC
HEARNiO DEFOit£THt:
SOARO OF SUPERVWM
COUNTY OF CONTRA
COSTA,CALWORNM
NOTICE I5 HEREBY GIVEN
that the Board of Super-
visors of.Contra Costa
CBoaa will n the
Chambemeet Room
107, at as, Pi11e Street,
Martinez.hoa bbCaI orriia to
ng on
July IL 2003 at 9:30 46m,,.
to consider comments of
eginterested ,person
eir written or oral to
land 1al a harg"p for
ort
County Land District
AD 237 -3(LL- land-
scaping servtcD
Countywide. A copy o
the Engineer's Report is
on file with the Clerk of
the Board of Supervisors,
661 Fine Street, Room
1 INarttnex. CaNfomia,
and the fwblie Works
Q vpa&rtcnent, z Martinez.
C f+sOfornIa.
I hereby certify that this
of aaet taken and
entered on the minutes
of the Board of Supervi-
sors on the date shown.
ATTESTED.Nia 2f,2003
terk o i d of Su-
ApdrvfSharond County
MCCT7819 eputY
Ish lune 27,2003