HomeMy WebLinkAboutMINUTES - 06252006 - C.34 aE �
"TO: BOARD OF SUPERARS `� j�-•o� Contra
FROM: MAURICE M. SIIIU, PUBLIC WORKS DIRECTOR - ,tlmiiari' 4 Costa
DATE: April 25, 2006County
s
firs t t
. (W 0
SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for Countywide
Landscaping District 1979-3 (LL-2) Fiscal Year 2006/2007; declaring the intent to levy and collect
assessments and fixing a public hearing for June 13, 2006 to adopt the proposed annual assessments,
certify the tabulation of ballots and complete public noticing, and adopt the Engineer's Report,
Countywide. (Countywide Landscaping District 1979-3 (LL-2)Funds) (All Districts)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Alot
ADOPT Resolution No, 2006/ accepting the preliminary Engineer's Report for Countywide Landscaping District
1979-3 (LL-2) Fiscal Year 2006/2007 and declaring the intent to levy and collect assessments. The preliminary
Engineer's Report is on file with the office of the Clerk of the Board and Public Works Department;
FIX a public hearing for June 13,2006 at 9:30 a.m in Room 107 of the Board of Supervisors' Chambers, 651 Pine
Street, Martinez, California to adopt the proposed annual assessments for the existing benefit Zones within the
Countywide Landscaping District and authorize that they be collected on the tax roll;
FIX a public hearing for June 13,2006 at 9:30 a.m.in Room 107 of the Board of Supervisor's Chambers, 651 Pine
Street,Martinez,California to certify the tabulation of the ballots submitted for the proposed assessment in Zones 69
& 74 and the proposed increase in assessment rate for Zone 36.
Continued on Attachment: X SIGNATURE:
./RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_.,APPROVE OTHER
SIGNATURES : „G+
ACTION OF BC(A4 ON
APPROVED AS RECOMMENDED +f' OTHER
I hereby certify that this is a true and correct copy of
VOTF.OF SUPERVISORS an action taken and entered on the minutes of the
i/ UNANIMOUS(ABSENT o n�/_} Board of Supervisors on the date shown.
AYES: NOES:
a
ABSENT: ABSTAIN: ,t+�a��r
AA:ms ATTESTED:_ o
G:\GrpData\SpDist\Board Orders\2006-Board Orders\Annual Renewals\LL-2\BO- JOHN CULLEN,Clerk of the Board of
Preliminary LL2.doc Supervisors and County Administrator
Orig,Dept.: Public Works(Special Districts)
Contact: Alex Anaya(313-2286) ��
cc: County Administrator
County Counsel By_ / '�_,Deputy
Auditor-Controller
County Assessor
A.Anaya,Sp.Dist.
Francisco&Associates
SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for Countywide
Landscaping District 1979-3 (LL-2) Fiscal Year 2006/2007and declaring the intent to levy and
collect assessments. FIXING a public hearing for June 13, 2006 to adopt the proposed annual
assessments, certify the tabulation of ballots, and adopt the Engineer's Report, Countywide.
(Countywide Landscaping District 1979-3 (LL-2)Funds) (All Districts)
DATE: April 25, 2006
PAGE: 2
Recommended Action: (con't)
DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each property owner
within Zones 36, 69, and 74 in compliance with Proposition 218.
DIRECT the Clerk of the Board of Supervisors to complete the required public notification in accordance with
Section 6061 of the Government Code.
FISCAL IMPACT:
There is no impact to the County General Fund. Implementation of the proposed Countywide Landscaping District
assessments for Fiscal Year 2006/2007 revenue will be approximately$1,439,242.28
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The proposed assessments for the Countywide Landscaping District 1979-3 (LL-2) are for the purpose of
maintaining existing facilities within the various zones. The existing countywide Landscaping District contains
thirty one (31) zones comprised of chiefly frontage and median landscaping and park & recreational facilities
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. Two new benefit zones(69 -Alamo Creek and 74-Bella Flora) are proposed to be formed in Fiscal
Year 2006-07. In addition,the maximum rate for Zone 36(Alamo Area)is proposed to be increased from$9.36 to
$45.00. In order for these new benefit zones to be created and the increase to be imposed,Proposition 218 requires a
maj ority approval of the property owners. The Board Order and Resolution complies with the requirements for new
and increased assessments under Proposition 218.
CONSEQUENCES OF NEGATIVE ACTION:
Funds will not be available to maintain the landscaping and other improvements in the zones.
THE BOARD OF SUPJiUVISORS OF CONTRA COSTA C(WTY, CALIFORNIA
Adopted this Resolution on April 25, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaidnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2006/ 4/0e'
SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for Countywide
Landscaping District 1979-3 (LL-2)Fiscal Year.2006/2007; declaring the intent to levy and collect
assessments and fixing a public hearing for June 13,2006 to adopt the proposed annual assessments,
certify the tabulation of ballots and complete public noticing, and adopt the Engineer's Report,
Countywide. (Countywide Landscaping District 1979-3 (LL-2) Funds) (All Districts)
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The Board of.s.upervisors declares its intention to levy and collect assessments in existing zones within the
Countywide Landscaping District 1979-3 (LL-2), Contra Costa County, California, for the fiscal year
beginning July 1, 2006 and ending June 30, 2007.
2. The improvements to be maintained throughout the Countywide Landscaping District 1979-3(LL-2),Contra
Costa County, California,consists 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 provided in the Consolidated Preliminary Engineer's Report for Countywide
Landscaping District 1979-3 (LL-2)dated April 25, 2006. and 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.
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
Maintain landscaping, irrigation and related improvements within Pacheco Boulevard Islands and Aspen Drive
Creekside Park.
I hereby certify that this is a true and correct copy of an
AA:ms action taken and entered on the minutes of the Board of
G:\GrpData\SpDist\Board Orders\2006-Board Orders\Annual Renewals\LL-2\BO-Prelim inarySupervisors on the date shown.
LL2.doc 0
Originator:Public Works(Special Districts) ATTESTED: rel0?-f- 'P,6�e
Contact: Alex Anaya,(925)313-2286 ATTE A
cc: County Administrator's Office JOHN CULLEN,Clerk of the Board of Super-visors
Auditor-Controller and County Administrator
County Counsel
County Assessor
A.Anaya,Sp.Dist. By Deputy
Francisco&Associates
RESOLUTION NO. 2006/
SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for Countywide
Z:)
Landscaping District 1979-3 (LL-2)Fiscal Year 2006/2007;declaring the intent to levy and collect
assessments and fixing a public hearing for June 13,2006 to adopt the proposed annual assessments,
certify the tabulation of ballots and complete public noticing, and adopt the Engineer's Report,
Countywide. (Countywide Landscaping District 1979-3 (LL-2)Funds) (All Districts)
DATE: April 25, 2006
PAGE: 2
Zone 7 (Pleasant Hill/BART) - Redevelopment Project
Maintain all landscaping features installed as a part of the Redevelopment Project, including Pox 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). 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.
Zone 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.
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.
RESOLUTION NO. 2006/
SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for Countywide
Landscaping District 1979-3 (LL-2)Fiscal Year 2006/2007; declaring the intent to levy and collect
assessments and fixing a public hearing for June 13,2006 to adopt the proposed annual assessments,
certify the tabulation of ballots and complete public noticing, and adopt the Engineer's Report,
Countywide. (Countywide Landscaping District 1979-3 (LL-2)Funds)(All Districts)
DATE: April 25, 2006
PAGE: 3
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,Rodeo Signboard area,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, 77761 7777, 7778, 7779, 7780 and 8104
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.
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.
RESOLUTION NO. 2006/
SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for Countywide
Landscaping District 1979-3 (LL-2)Fiscal Year 2006/2007; declaring the intent to levy and collect
assessments and fixing a public hearing for June 13,2006 to adopt the proposed annual assessments,
certify f
erti y the tabulation of ballots and complete public noticing, and adopt the Engineer's Report,
Countywide. (Countywide Landscaping District 1979-3 (LL-2)Funds) (All Districts)
DATE: April 25, 2006
PAGE: 4
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.
Zone 69 (Alamo Creek,Danville Area) -
Landscape improvements located within the public right-of-way and medians along Camino Tassaj ara from Knolls
Creek Road east to Soccer Field entrance;Camino Tassajara south frontage from Knolls Creek Road east to Soccer
field entrance;Charbray Median and Park Strips from Camino Tassajara south to the Trailhead;Massara Park Strips
from Charbray to Drysdale; Casablanca Park Strips from Knolls Creek south to Charbray; Interior Park Strips
(approximately 6' wide); and Bio Filtration Strips along Charbray and Massara Street.
Zone 70 (Intervening Properties, Danville Area)— Subdivision 8331
Landscape improvements located within the public right-of-way and medians along Camino Tassajara median
islands and south side frontage from Hansen Lane east to the limits of the Development;Monterosso Street Frontage
& Medians from Camino Tassajara south to Cassablanca Street; Cassablanca Street Frontage from Menton Street
east to the Alamo Creek Tributary Bridge; and Entry Monument on Camino Tassajara&Menton Street.
Zone 71 (Diablo Vista Ball Fields, Danville Area)—Subdivisions 8331, 8381, 8382
Landscape, operation, and maintenance of a 15.0 acre ball field.
Zone 72 (Community Park at Summer Lake, Oakley Area) -
Landscape, operation and maintenance of a 17.0 acre community park.
Zone 73 (In tract Parks and Summer Lake, Oakley Area) -
Landscape improvements located within the public right of way for Phase 1 Summerlake Drive ROW Streetscape
from Cypress Road south to the south Well Pump Station and Phase 2 Limits; Phase 2 Summerlake Drive ROW
Streetscape from south Well Pump Station north to Cypress Road;Phase I Cypress Road ROW Streetscape&Entry
from Bethel Island Road to second Summerlake Drive intersection; and in tract parks.
Zone 74 (Bella Flora,North Richmond Area) -
Landscape improvements located within the public right-of-way long Martin Drive, west and east side frontage;
Ellison Lane, north and south side frontage; Gertrude Avenue, north side frontage; and Public Park located at
intersection of Malcolm Drive and Spears Circle.
The Public Works Director has filed with the Clerk of the Board the Preliminary Engineer's 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.
RESOLUTION NO. 2006/
3. 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.
Now, therefore the Board of Supervisors ORDERS and RESOLVES as follows:
1. The Board approves the Preliminary Engineer's Report and opens the Report to public in pection at
both the Clerk of the Board and Public Works offices.
2. The Board will conduct a public hearing(the"Hearing")on June 13,2006 at 9:30 a.m. in Room 107 of
the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
3. At the Hearing, the Board shall consider any objections or protests to the Assessment. Board shall not
impose the Assessment if there is a majority protest. A majority protest exists if, after the close of the
Public Hearing, if owners in the existing Benefit Zones of more than 50%of the assessable land have
protests on file at the end of the hearing.
4. At the Hearing, the Board shall consider any objections or protests to the Assessments for Zones 36,69
and 74 and shall certify the tabulation of the ballots. At the close of the Public Hearing, the Public
Works Department shall tabulate the ballots. The Board shall not impose the Assessment for new Zones
69 and 74,or shall not impose the increase for Zone 36 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.
5. At the Hearing, 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. 2006/
r
J . •
,•-�:. Anashia Lloyd To: EShar@cob.cccounty.us
<cctlegals@cctimes.c cc:
om> Subject: Re: HEARING ON LEVYING ASSESSMENTS FOR COUNTYWIDE,
LANDSCAPING DIST. 1979-3 (11-2)
05/02/2006 10:05 AM
Please respond to
cctlegals
THE FOLLOWING e-mail contains pertinent information; please read it carefully in its
entirety.
PLEASE NOTE: All of our offices will be closed Memorial Drty, Monday,May 291, 2006.
Good Morning. If you have any questions regardingthe legal notice confirmed below, please
reference the le6al number provided. Please only e-mail tocctleaals(q_%cctimes.com regarding
Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices.
** LEGAL SCHEDULE CONFIRMATION **
TYPE: In-Column Liner, Classified Section
LEGAL NUMBER: 5561
PO#: 1 152
Publication: CCT
Run Date(s): 06/02
Legal Acct#: 200 4197
Total Amount: $77.00
FOR YOUR INFORMATION - Revisions/Cancellations: I will need a cancellation request
referencing the LEGAL NUMBER—or all changes attached in a final draft Microsoft Word
Document —e-mailed to cctle6als(t-cctimes.com by no later than 4 PM, Wed., 05/31.
Otherwise, the wording of the legal will publish as you e-mailed. Thanks!
Anashia Lloyd
Legal Advertising Coordinator
(925) 943-8019
(925) 943-8359 — fax
Contra Costa Times
ATTN: Legal Dept.
P.O. Box 4718
Walnut Creek, CA 94596
cctlegaIs@,cctimes.com
EShar@cob.cccounty.us wrote:
Dear Anashia,
Alp
d
Please publish the above Hearing on Levying Assessments for Countywide
Landscaping
District 1979-3 (LL-2) on your Contra Costa Times on June 02, 2006, under our
REF.NO. 1152, Thankj
you for your attention.
(See attached file: HEARING - JUNE 13, 2006 COUNTY LANDSCAPE DIST.
AD 1979-3 (LL-2).doc)
Emelda L. Sharp
Clerk of the Board
------------------------------------------------------------------------
Name: HEARING - JUNE 13, 2006
COUNTY LANDSCAPE DIST. AD 1979-3 (LL-2).doc
HEARING - JUNE 13, 2006 COUNTY LANDSCAPE DIST. AD 1979-3 (LL-2).doc
Type: WINWORD File (applicat]on/msword)
Encoding: base64
LEGAL PUBLICATION REQUISTION
Contra Costa County
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5 124
Martinez, CA 94553 Walnut Cre~ek,.CA'94596
Requested by: EMY L• sxARP Date: APRIL 25, _2006 f
Phone No:. 925-335-1903 - Reference No:- 1152
6X5244
Org: 4500 ' Sub Object: 2190 Task: SAS Activity:
Publication Date (s): JUNE 0j 2006
No. of Pages: (2)
LEGAL PUBLICATION- HEARING TO CONFIRM FINAL ENG'S REPORT AND LEVYING
ASSESSMENTS FOR COUNTYWIDE LANDSCAPING DISTRICT
19793 (LL-2)
•—Immediately upon expiration otpublication'--••=.— —
send in one affidavit far each publication in
order that the auditor away be authorized to pay your bilk.
Authorized Signature.
Please coni -ni date of publication & receipt of this fax.
PUBLIC WORKS DEPARTMENT
255 GLACIER DRIVE, MARTINEZ, CALIFORNIA
94553-4897
NOTICE OF A PUBLIC HEARING
BEFORE THE BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA, CALIFORNIA
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 June 13, 2006 at 9:30 a.m., to consider
comments of any interested person, either written or oral, to the Engineer's Report
and annual charges for County Landscape District AD 1979-3 (LL-22) for
landscaping service, Countywide. 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, 2255 Glacier Drive, Martinez,
California.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 25, 2006
JOHN CULLEN, Clerk of the Board of Supervisors
and County Administrator
By Fxnv L. Shap Deputy
PUBLICATION DATES:
June 02, 2006