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Home My WebLink AboutMINUTES - 05172005 - C10 ------ Contra .;• •;« TO: BOARD OF SUPERVISORS n• Costa FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR ' County DATE: May 17, 2005 (,-to SUBJECT: ADOPT Resolution No. 2005/ 298 accepting the Engineer's Report for Countywide Landscape District AD 1979-3 (LL-2) Zone 48, Development Permit 03-3009 and fixing a hearing for July 1231 2005 at 9:30 a.m. to consider levying an assessment for additional parcels to be annexed, Danville area. (District IIT)Project 7772-6X5021 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: 1. ADOPT Resolution No. 2005/298 accepting the attached Engineer's Report for a landscaping assessment on the parcels in Development Permit (DP) 03-3009 to be annexed into Countywide Landscaping District AD 1979-3 (LL-2)Zone 48. 2. FIX a Public Hearing for July 12, 2005 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. Continued on Attachment:.X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):712t7�_;..,, ACTION OF BOA ON MAY 17 2005 APPROVED AS RECOMMENDED_OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of DM:sr Supervisors on the date shown. G:\GrpData\SpDist\Board Orders\2005-Board Orders\ 05-17-05 BO DP 03-3009(LL-2)(Fixing).doc Orig.Div:Public Works(Special Districts) MAY 17 2005 Contact: Eileen Doten(313-2253) ATTESTED: � cc: County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and Assessor County Administrator Audi tor-Controller Community Development County Counsel By Dante Morabe,Sp.Dist. Deputy SUBJECT: ADOPT Resolution No. 2005/ 298: accepting the Engineer's Report for Countywide Landscape 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 7772-6X5021 DATE: May 17, 2005 PAGE: 2 Recommended Action: (con't) 3. n�CT 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. Fiscal Impact: There is no impact to the County General Fund. All costs will be covered with revenue from Countywide Landscaping District AD 1979-3 (LL-2)Zone 48. Reasons for Recommendations and Background: The developer is required by Condition of Approval to annex to an existing Countywide Landscaping District AD 1979-3 (LL-2) Zone 48, for future maintenance of public landscaping including median islands, border strips fronting public roads, parks, on and offsite pedestrian paths, etc. 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: Th;c. project will not be in compliance with the Conditions of Approval for DP 03-3009, and an alternative means to finance public right of way landscape maintenance would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 17, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 298 SUBJECT: ADOPT Resolution No. 2005/ 298 accepting the Engineer's Report for Countywide Landscape 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 annex 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 over and 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 XIIID 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 fl-te assessment, and the duration of the Assessment. DM:sr G:\GipData\SpDist\Board Orders\2005-Board Orders\ 05-17-u5 BO DP 03-3009(LL-2XFixing).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 Community Development ATTESTED: MAY 179 2005 County Counsel JOHN SWEETEN Clerk of the Board of Supervisors and County D.Morabe,Sp.Dist. Administrator By zi 4 ,Deputy RESOLUTION NO.2005/ 298 SUBJECT: ADOPT Resolution No. 2005/ 298 accepting the Engineer's Report for County Landscape p 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 DATE: May 17, 2005 PAGE: 2 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. NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND 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 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 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 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 N0. 2005/298 EXHIBIT A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPE DISTRICT AD 1979-3 (LL-2) ZONE 48 Annexation Property Owner(s)List Parcels Assessor's Parcel Number Owner's Name/Address Todd&Linda Oleson 1 220-080-023* 157 Oak Gate Drive 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 B 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 2005/06 PLANS AND SPECIFICATIONS FOR THE ANNEXATION OF DP 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 Landscauing 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 IMPROVEMENT AREA IMPROVEMENT AREAS SQUARE FOOTAGE Camino Tassajara 311)443 Oakgate Dr. 93,890 TOTAL 41,333 CONTRA COSTA COUNTYWIDE LANDSCAPING DISTRICT AD 1979-3 (LL-2) ZONE 48 Detailed Project Costs Estimate FY 2005/06 Parcel Assessor's Parcel Description EDU Proposed Nt: ber Assessment I I J FY 05/06 1 220-080-023 4 Developed 4 $1,400.00 Single Family Residential At Build Out 2 thru 68 220-391-008 thru 052 Developed Single 1 per parcel $231800.00** 220-401-001 thru 025 Family 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 EDU's taken from Countywide Landscape District AD 1979-3 (LL-2) Final Engineer's Report for the 2004/2005 Tax Roll and approved by the Board of Supervisors on July 13,2004. OPERATION&MAINTENANCE COSTS 2005/06 EXP'ENDIT'URE REVENUE TOTALS ESTIMATES ESTIMATES Projected FY 2005/2006 Carry-Over $7,000.00 FY 2005/2006 Asessments @$350.00 EDU ($25,200.00) Total EDU's=72 Subtotal ($325200.00) ($32,200.00) Operation/Maintenance,Vandalism ($165400.00) 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 ($329240.04) ($329200.00) PROJECTED ENDING FUND BALANCE $0.00 ASSESSMENT DIAGRAM OF DP 03-3009 Contra Costa County Couetywide Landscape District AD 1979-3 (LL-2) Zone 48 t;,k • 1 MW Xi I 1 00 • � o :it Z +� I ` •i 'A'!j �•� s'at X. ::• •• i f W OAKGATE DRIVE Ii I�1 = 0 •::: I I I { Z 0 1•— I i i i ' MRACK ROAD r {. i m ' •• D D D 1 C7 �-•I I � � nr 'CIL _••� �-' f } 6 }` (AcoO0 I v .r. Ul 0 1 1 •'. L A K • I HANSEN LANE o ° D . Ito D M I s? � � r ;a i z C N rn CD Z y o CO n v n o A r.Co F.: Z. PZ •: 'I I . 0.0 N .•: Z ; 0 rn 0 N N �� m O ZAME- C •�•� ii �o > .. n os N m •;•; D I j:_' , Total Assessment/Charge On Countywide Landscape District AD 1979-3 (LL-2)Zone 48 In the event that the proposed assessment is levied, the total amount chargeable to Countywide Landscaping District AD 1979-3 (LL-2) Zone 48 will be $490.00(EDU)per eligible parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed$350.00 per EDU in Fiscal Year 2005/2006. Methodology for Calculating Landscauini!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 (EDL). 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) EDU for the first acre or any portion thereof, one (1.00) EDU/acre for each additional acre Iup to a maximum of three (3.00) EDU'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%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) cost 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. V 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 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/or landscape easement. The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. ITow M_Asch 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 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 over $490.00 without another election. What does 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. How was my Assessment Calculated? Tie total 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 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 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 Landscape District 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 oth:,i out and the ballot will have u"zero"vote. Public Hearing The hearing 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 Board will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. EXHIBIT D County Landscape District AD 1979-3 (LL-2) Zone 48 Annexation B- Assessor's Parcel Nos.: 220-080-023 Annexation OP DP 03-3009 (4 EDU's at Build Out) Record Owner: Todd&Linda Oleson 157 Oak Gate Drive Danville, CA 94506 Yes, I approve of the proposed annual assessment of$490.00 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