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RESOLUTIONS - 01012005 - 2005-537
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August'16, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES. NONE ABSENT: NONE ABSTAIN: NONE RSOL "I' ON # .20ti5/57 SUBJECT: ADOPT Resolution No. 2005/ 537 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscaping District(LL-2) Zane 70, and fixing a hearing for October 4, 2005 to consider levying an assessment for parcels to be include'and certify the tabulation of the ballots submitted for the proposed assessment, Danville area. (LL-2,Zone 70 Funds)(District ILC)Project No. 0651-6L0072 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Vesting Tentative Map (the"Development"). 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 the formation of Contra Costa County Countywide Landscaping District (LL-2) Zone 70. The County intends to initiate proceedings to form LL-2 Zone 70 pursuant to that request. 3. Once the Development is included into LL-2 Zone 70 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 Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for establishing a maximum landscape service charge (the "Engineer's Report") is attached as Exhibit A. 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 Zane 70 from the parcels within the Development,the methodology supporting the assessment, and the duration of the Assessment. I hereby certify that this is a true and correct copy of an action DE:sr G:tGrpDatal5pDistlBoard Orilers\2005.:Board Ordarst taken and entered on the minutes of the Board of Supervisors on 05-i 7-05 BO DP 03-3009(LLr2XFixing).dae the date shown. Orig.Div: Public Works(Special Districts) Contact DavCount Eddminis(313-2181) ATTESTED:, AUGUST 1:6 2005 W County Administrator � Assessor JOHN SWEETEN,Clerk of the Board of Supervisors and County Auditor-Controller Conununity Developrwrit Administrator County Counsel By ,Deputy RESOLUTION NO.2005/ 537 SUBJECT: ADOPT Resolution No. 2005/ 537 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscaping District(LL-2) Zone 70 and fixing a hearing for October 4, 2005 to consider levying an assessment for parcels to be included and certify the tabulation of the ballots submitted for the proposed assessment, Danville area. (LL-2,'Zone'70 Funds) (District III)Project No. 0651-6LOO72' DATE: August 16,2005 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 SLTPERVISOR.S ORDERS AND RESOLVES AS FOLLOWS 1, The.Board will conduct a public hearing(the"Hearing") on October 4, 2005 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Fine 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 "Notice of Assessment") attached as Exhibit B to the record owners of each parcel within the development. The ballot attached as Exhibit C shall be attached to the Notice of Assessment. A copy of the Preliminary Engineer's Report is on file with the Public Works Department. 3. At the Hearing, the Board shall consider any objections or protests to the Assessment and 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 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, 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. RESOLUMN' NO. 2005/537 EXHIBIT A CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) ENGINEER'S REPORT EXHIBIT B Contra Costa County Countywide Landscaping District (LL-2)--Zone 70 NOTICE OF PROPOSED ASSESSMENT' Attn: Steve Jones Manville Tassajara Partners Assessor Parcel Nos.: 206-020-088, c/o Lennar Properties 206-190-001, 002, 005,& 006 6121 Bollinger Canyon Road, Suite 500 FY 2005-06 Rate per EDU: $0.40 San Ramon, CA 94583 Maximum Rate per EDU; $315.00 REA=SON FOR THE PROPOSED ASSESSMENT Contra Costa County is proposing to form Zone 70 of the Contra Costa County Countywide Landscaping District (LL-2) ("Zone") this fiscal year to establish a .funding mechanism for property owners to operate and maintain public landscaping, street lighting, open space, trails, parks, etc. (the "Public Improvements"') associated with the development of ;Vesting TentativeMap 8331. This annual: assessment is levied on all property owners who directly benefit from the Public Improvements associated with their development. DESCRIPTION OF IMPROVEMENTS The Zone funds will be used to operate and maintain the Public Improvements associated with their development. The annual'landscape maintenance will include, but is not limited to public landscaping, irrigation, planting,'shrubbery, ground cover, trees, pathways, trails hardscapes, walls, fences, and other appurtenant facilities. The annual street lighting maintenance consists of, but is not limited to the servicing of poles,'fixtures, bulbs, conduits; equipment>including guys, anchors, pasts and pedestals, metering devices and other appurtenant facilities. The annual operational costs will include, but are not limited to, water, materials, electrical;energy, personnel, equipment, etc. that is needed to maintain the public landscaping and street lighting facilities. BASIS FOR CALCULATING ASSESSMENTS Each year the Contra Costa County Public Works Departments' staff will determine how much it will cost to operate and maintain the above described Public Improvements within Zone 70. These costs will be distributed proportionally; to all of the benefiting parcels within the Zone based on the following calculations. A single family parcel has been selected as the basic unit for the calculation:of assessments. Therefore, the single family parcel is defined as one (1.00) Equivalent Dwelling Unit <(EDU). Multi- family parcels are assigned 0.50 EDUs per unit. Commercial, industrial and institutional parcels are assessed at 6.00 EDUs per acre. Zone 70 will eventually be comprised of 378 single family parcels and 96 apartment units. Therefore,the calculation of the equivalent dwelling units would be 378 * 1.00 EDUs+96* 0.50 EDUs =426 EDUs. DURATION OF ASSESSMENTS In order to operate and maintain the Improvements within the Zone, the County pians to levy an assessment each fiscal year in perpetuity. AMOUNT OF PROPOSED ASSESSMENT A. Total Zone Assessment The total Fiscal Year 2005-06 annual assessment for Zone 70 is$0.00. B. Individual Assessment The total Fiscal Year 2005-06 annual assessment for your parcel(s)described above will be $0.00. C. Maximum Assessment Rate The maximum annual assessment that could be levied for Zone 70 is $315.00 per EDU It is estimated at build out of the Zone the total amount needed to maintain the Public Improvements for Zone 70 on an annual basis is $134,190(FY2005-06 dollars). In each successive fiscal year the maximum assessment may be increased by the change in the Consumer Price' Index for the San Francisco Bay Area Urban Wage Earners (minimum of 2%) from the previous year to cover the cost of living increase and other inflationary costs,' PROCEDURES FOR COMELETI +G THE BALLLQT Accompanying this notice is a ballot, along with a pre-addressed,postage paid return envelope. The ballot may be completed'by the property owner(s) or their authorized representative and returned to Contra Costa County to indicate the property owner's;support for or opposition to the proposed assessment. For your ballot to be counted, you must clearly mark the appropriate box, sign the ballot and return it sealed in the enclosed envelope by the conclusion. of the public input portion of the public hearing on October 4, 2005. Ballots may be returned either by mail or delivered to 255 Glacier Drive, Martinez,'CA 94553 by the close of the public input portion of the public hearing. If returning your ballot by mail,please allow sufficient time for delivery, so that the County receives your ballot by October 4,2005. INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE The County Board of Supervisors will hold a public hearing on October 4, 2005, to hear testimony regarding the proposed assessment, to accept ballots, and to determine whether there is a majority protest for or against the proposed assessment. The public hearing,:which will begin at 9:30 a.m., will be``held at the Board of Supervisors Chambers,located at 651 Pine"Street,Martinez, California, All ballots,which are returned to Contra Costa County by the conclusion of the public hearing,will be tabulated and weighted'according to the proportional financial obligation of the affected property. If upon completion of the public hearing and tabulation' of the ballots, the County Board of Supervisors determines that a majority of the ballots cast, weighted by assessment obligation, opposes imposition,of the assessment,'the assessment will not be imposed. Respecting the constitutional right to privacy, Contra Costa County will strive to keep the ballot information confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing on October 4 2005.' QUESTIONS'REGARDING THESE PROCEEDINGS If you have any'questions about the proposed assessment or this process, please contact David. Edmonds at (925) 313''-2181 or Jennifer White,the County's Assessment Engineer at(925) 867-3400. EXHIBIT C ME I SUPPORT the formation of Zone 70—1"ntervening Properties into the Contra Costa County Countywide Landscaping District (LL-2) and agree to the maximum annual assessment rate of$315.00per Equivalent Dwelling Unit, which includes an allowance for annual increases due to the change in the Consumer Price Index increase(minimum of 2%n). Na, I OPPOSE the formation of Zone 70 •- Intervening Properties into the Contra Costa County Countywide Landscaping District (LL-2). and 'do not agree to the annual assessment rate of$315.00 per Equivalent Dwelling Unit. Property Owner Name(s): Danville Tassajara Partners,Attn: Steve Jones Property'Address or"Description: Subdivision(s) 8331 (378 single family units, 96 apartment units)--Intervening Properties off of Camino T'assajara Assessors Parcel Number(s): 206-020-088 206-190-001 206-190-002 206-190-005 206-190-006 I hereby certify;under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the property shown above in these proceedings. Dated: Signature Printed Name of Property Owner/Representative Once you have voted and signed this ballot,please place the ballot in the enclosed pre-paid, self- addressed return envelope. Your ballot will not be counted if you have not voted, signed the ballot, sealed the envelope and mailed'or delivered it to Contra Costa County, Attn: David Edmonds located at 255 Glacier Drive, Martinez, CA 94553. All ballots must be received prior to the conclusion of the public input portion of the Public Hearing, which will be held on. October'4, 2005, starting at 9:30 a.m., at the Contra Costa County Board of Supervisors Chambers, 651 Pine Street,Martinez, CA. HEARING Ct)NM ATION FORM Hearing Date: October 4,2005 Name of Person Phoning to Request Hearing: Sherri Reed Phone No. 31.3-2170 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff on: Agenda Language (how it will read on the calendar). HEARING to adopt Resolution No. 2005/*** accepting tabulation of mail-in ballots,:confirming the Engineer's diagram and assessment, and authorizing the levy of landscape charges to operate and maintain facilities and services for Vesting Tentative Map 8331 Contra Costa. County Countywide Landscaping District(LL-2)Zone 70,Danville area. (LL-2,;Zone 70 Funds) (District R Project No.'0651-6L0072 (Eileen Doten,Public Works Department) Anticipated length of the hearing: 5 minutes or less X or more Is it controversial? Yes No X Noticing Requirements: N/A Code Section: Publication Requirements: #of times N/A#of days before hearing N/A Who is to Publish the Notice? COB N/A FWD NIA It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. If posting of notice is required,who will post?N/A If mailing the notice is required,who will provide the clerk with the correct mailing list and labels?NIA When will this "fix hearing item"be listed on the Board agenda as a consent item? August 16, 2005 DE:sr G:\GrpData\SpDist'aoard Orders\2(105-Board Orders\68-16-05 BO LL-2 Zone 70(Fixing).doc cc:'L.Dalziel,Administration PRELIMINARY ENGINEER'S REPORT CONTRA COSTA COUP COUNTYWIDE LANDSCAPING DISTRICT(U-2) Zone 70 -- Intervening Properties Mid Year Annexation Fiscal Year 2005--06 Proared oY: Contra Costa County fta re,d by: Francisco&x Associates,Inc. 130 Market Place,Suite 160 San Ramon,CA 94583 August 16, 2005 Contra Costa Countywide Landscapbng District(LL2) Zone 70 Mid Years nnex tion Fiscal Year.2OO5 06 TABLE OF CONTENTS PARe No. Contra Costa County Board of Supervisors and County Staff . ....... ........ ..........ii Certificates. ... ...... .. ...... ... ......... . .............................................iii SECTION I-Introduction ..... .... ... ........ ....... ......... ........... .......... .... .................. .......I SECTION II Impacts of Proposition 218. ...... .......... ...... .. .... ... ..... .. .2 SECTION III-Engineer's Report. ... .... ......... .:....... .. ....... ... ....... . ........ .. .... ... ...........3 PART A Plans and Specifications. ... . ..... ... ... .. .. .. . .5 Table I--`Planned Improvements...... .......... ....... ... ..... ........... ......5 PART B Estimate of Cost. ... ....... . ..... .. .E Table 2 Total Estimated Cost at Build out .... ..... ......... ....... . .6 PART'C-Assessment Diagram... . ........ .......... , ........ ......... ............... ........ ......9 PART.D- Method of Apportionment of Assessment. ... ...... ......... . ......... .........13 PART E-Property Owner List&Assessment Roll.... .......... ....... ........, : ........14 Table 3-Assessment Roll....... ......... .. ....... .... ..:. . ......... .. ........... .....14 N:1$Projects\Contm\FY05-06\?cnxe7O,n1z7Q PEP-doc A- Francisco&Associates Contra Costa County+wrde LandscapiQg District('LL2) Zone 70 MidYear Annexation Fiscal Year 2005-46 BOARD Cit COUNTY STAFF CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 CONTRA COSTA COUNTY BOARD OF SUPERVISORS Gayle B.Uilkema Chair District No.2 John M.Gioia Federal D.Clover Board Member District No;I Board Member District No.5 Mary N. Piepho Mark DeSaulnier Board Member District No.3 Board Member District No.4 COUNTY STAFF Maurice Shiu Public Works Director Silvan Marchesi John Sweeten County Counsel. Clerk of the Board of Supervisors Eileen Doten David.Edmonds Special Districts Coordinator Special Districts Planner Francisco&Associateas Assessment Engineer N.4rrojects\ContralFYas-061Zone7O,71\z74_PER ft- Francisco&Assoclates Contra Costa Countywide Landscaping District(LL2) Zane TU Mid'YearAnnex atr`on Fiscal Year 2005-06 CERTIFICATES ENGINEER`S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 The undersigned, acting of behalf of Centra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, and Section 22500 et seq of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer re 'stered in the State of California. s P Dated: By: t, Maurice Public VFor s'Director RCE No.23204 I HEREBY CERTIFY that the enclosed'Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached was filed with me on the day of , 2005. Jahn Sweeten,Clerk of the Board of Supervisors Contra Costa County,California By: I HEREBY CERTIFY that the enclosed Engineer's Report,together with the Assessment Roll and Assessment Diagram thereto attached was approved and: confirmed by the Board of Supervisors of Contra Costa County,California,on the day of 2005; Jahn Sweeten,Clerk of the Board of Supervisors Contra Costa County,California By; N;\$Projects\Con=\FYO.5-061Zone70,711z7Q_PERdnc j11< Francisco&1` ssociate ' Contra CostaCou ityudde Landscaping District(LL2) SECTION I Zane 70 Mid'Year Annexation Fiscal Year 2005 06` INTRODUCTION SECTION I INTRODUCTION ENGINEER'S REPORT COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL'YEAR:2005.06 Background Information To ensure the proper flaw of funds for the ongoing operation, maintenance>and servicing of specific improvements within the boundaries of Contra Costa County,the Board of Supervisors, through the Landscaping and Lighting Act of 1972,has previously approved the formation of the Countywide Landscaping District(LL-2)or"District" and is currently proposing the formation of a new Zone for the District. Improvements that.may be constructed, operated, maintained and serviced by the District include: Landscaping, irrigation, lighting(not street lighting except in special cases),park and,recreational' facilities,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 Generally, developers as apart of their conditions permitting the developer to construct new housing or commercial/industrial developments, construct these public' improvements. However,the ongoing operation,maintenance and servicing of these improvements are financed through the District. The District is composed of benefit zones to ensure the operation, maintenance and servicing of the improvements are specifically paid for by those' property owners'who directly benefit from the improvements. For Mid Year FY2005-06,it is anticipated that Zone 70 will be created. This new zone will need property owner approval prior to final approval from the Beard of Supervisors. This process is discussed in Section.II;`Proposition 218'of this Report. Current Annual`.AdrWhistradon As required by the Landscaping and Lighting Act of 1972,the Engineer's Report includes: (1)a description of the improvements to be operated,, maintained and serviced by Zone,70, (2) an estimated build out budget for Zone 70,and(3)a listing of the proposed'maximum assessments to be levied upon each assessable lot or parcel within Zone 70; The Contra Costa Board of Supervisors will hold a Public Hearing, October 4, 2005, regarding the formation of Zone 70 which will provide an opportunity for any 'interested person to be heard. At the conclusion of the Public Hearing,if the assessment ballot tabulation is ifavorable, the Contra Costa County Board of Supervisors,may adopt a resolution confirming the maximum assessment rate as originally proposed or modified. Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report. :1$Projects\Con«Aos-os\Zone7o,7\z7o_P d 1 Francisco&Associates ContraCosta'Countyudde Landscaping District(LL2) SECTION II Zone 70 Mid Year Annexation Fiscal Year 2005-06 PROPOSITION 218' SECTION II IMPACTS OF PROPOSITION 218 ENGINEER'S REPORT COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act" which added Articles XIIIC`and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural''requirements for the formation and administration of assessment districts. These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply;with the provisions of Proposition 218. However, if the increase in assessment were anticipated in the assessment formula (e.g., " Consumer Price Index (CPI) increase or assessment cap) then the County would not need to comply with the provisions of Proposition 218. For Mid Year FY2005.06, it is anticipated that Zone 70 will be formed. In order to comply with the requirements of Proposition 218,the County will implement the following procedures: 1) Every property owner within the area being formed will be mailed a ballot,which will allow the property owner to cast their vote on whether to form Zone 70. A notice describing the assessment, the individual`property owner's maximum annual assessment rate, the duration of the assessment, the reason for the assessment and the basis upon which the assessment is calculated will accompany the ballots. 2) After the close of the Public Hearing on October 4, 2005, the ballots, which are returned within 45 days after mailing,will be tabulated to determine'whether or not a majority protest against the assessment in Zone 70 exists. 3) The ballots: will be weighted basedon their proportionate ;amount of their maximum assessment for the zone. 4) If there are publicly owned properties (generally those which are developed as opposed to open space)they will be assessed. All property owners will be noticed in accordance with Proposition 218 prior to the Public Hearing. At the conclusion of the Public Hearing, and after the ballots have been tabulated., the County Board of Supervisors may adopt a'resolution confirming the maximum assessment rate. N:1$Proects\Contra\FY05-O6lZone70,71\z7O-PER,cbc 2 Francisco&Associate5 Contra Costa Countygvrde Landscaping District(a2) SECTION III .Zone 70 Mid Year Annexa tion Fiscal fear 2005-06 ENGINEER'S REPORT SECTION III ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING ANIS LIGHTING ACT OF 1972 SECTIONS 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS COBE Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of'California, and in'accordance with the Resolution`of Intention,'being Resolution No. , adopted .August'16, 20305 by the Board of Supervisors of Contra Costa County, State of California, in connection with the proceedings for. CONTRA COSTA COUNTY COUNTYWIDE'LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 Herein after referred to as the "Zone 70", I, Maurice Shiu P.E., the duly appointed ENGINEER OF WORK,submit herewith the"Report"consisting of five(5)parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements in' Zone 70. Pians and specifications for the improvements are as set forth on the lists thereof,attached hereto,and are on file in the Office of the Contra Costa County Clerk of the Board of Supervisors;,and the Public Works Department. PART B ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements, including:incidental costs and expenses in connection therewith,is as set forth on the lists thereof,'attached hereto, and is on file in the Office of the Contra Costa County Clerk of the Board.of Supervisors and the Public Works Department: PART C: ASSESSMENT DISTRICT DIAGRAM This part incorporates by reference a diagram of Zone 70 showing the exterior boundaries of the Zone, and the lines and dimensions of each lot or parcel of land within the Zone. The diagram has been prepared and submitted to the Contra Costa County Clerk of the Board of Supervisors. The lines and dimensions of each lot or parcel within the Zone are those lines and dimensions shown on the maps'of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report: PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part contains the method of 'apportionment of assessments, based upon parcel classification of land'within the Zone,in proportion to the estimated benefits to be received. Nr\$ProjectstcontrA0s-o zone7o,7i z7o_rrx: 3- Francisco&Associates Contra Costa G'ountyaddeLand9ca,�►.r'.r�gDistrict(LL2) SECTION III Zone 70 h?°id Year Annexation Fiscal Year 2005-06 ENGINEER'S REPORT PART E: PROPERTY OWNER LIST OSx ASSESSMENT ROLL This part contains a list of the Contra Costa County Assessor's Parcel numbers, and`the maximum amount to be assessed upon the benefited lands within Zone 70. The Assessment Roll is filed in the Office of the County Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Casts County Assessor, which are incorporated herein by reference: N:\ ProjectslCttntral Yt}5 f�6�Zane70,?ltz?0_P Rdoc -4- Francisco&Associa"'tG's Contra Costa Countywide Landscaping District(LL2) SECTION III Zone TU Mid'YearAnnexatzon Fiscal Year 2005-06 PART A S'AR'I'A PLANS AND SPECIFICATIONS The facilities, which have been constructed within Zone 70, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: The construction,operation,maintenance and ser-vicingof landscaping,irrigation,lighting(not street lighting except in special cases),park and recreational facilities,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: Landscaping,; The landscaping facilities consist of, but are not limited to: Landscaping, planting, shrubbery, trees,irrigation systems,hardscapes,sidewalks,trails, and appurtenant facilities including,but not limited to; playground equipment,'play courts, and public restrooms, located within the public right-of-ways, entry ways, parkways, County building grounds, and designated easements within the boundaries of Zone 70. j"ghtin The lighting facilities consist of, but are not limited to: Poles, fixtures, bulbs, ;conduits, equipment including guys, anchors, pasts and pedestals, metering devices and appurtenant facilities as required to provide lighting located within the public rights-of-way and easements within the boundaries of Zone 70: The following is a detailed description of the improvements that are planned to be;operated, maintained and serviced. Table 1: Planned improvements, RI HT OF WAY IMPROVEMENT AREAS LIMITS amino Tassara Me '-n Is 1=5 Hansen Lane east to 'mics of Development Camino Tassara South Side Frontage Hansen Lane east to limits of Development onterosso Street Frontage&Medians Camino Tassajara south to Cassablanca St. Menton Street east to the Alamo Creek assablanca Street Frontage Tributary Bridge Entry Monument. lCamino Tassajara&Menton Street The Facilities are shown in detail on the Landscape Plans for Subdivision 8331 prepared by Thomas Baak' & Associates (05/11/05) and John Nichol est Associates (07/05/05) and are also depicted graphically on the Assessment Diagram.in Part C of this Report. N;\$Projects\Contra\FY05-06\Zon4t7O,n\z7o-pF doc -51 Francisco&AssocIates Contra Costa Countywide,Landscaping District(LL2) SECTION III Zone 70 Mid year Annexation Fiscal Year 2d,05-©S PART B PART B ESTIMATE OF COST The 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the public landscaping,lighting (not street'lighting except in special cases), parks, trails and open' space facilities, etc. can be recovered by each Zane. Incidental expenses including administration of the Zone, engineering fees,legal fees and. all other costs associated with the construction, operation and maintenance and servicing of the Zones can also be included: For the new Zone being proposed for mid year it is not anticipated any expenditures VAR be incurred for Fiscal Year 2005-06. 'Therefore Table 2 below shows the total maintenance and operations budget upon completion of all improvements. This information has been provided by Contra Costa County Public Works Staff and is based upon landscape plans and bond esimtaes prepared by Thomas Baak&r Associates(05/11/05)and John Nichol&Associates(07/05/05). Till Total etationBxMsintenance Quantity cost/unit Cost Trees 300 Trees $%00/Tree $18,000.00 Groundcover,Shrubs 46,000 Sq.Ft $0.38/Sq.Ft. $17,480.00 other Hardscape 6001L.F. $0.15/L.F. $90.00 Pavers 4,500 Sq.Ft $0.38/Sq.Ft. $L710.00 Utilities 12 Months $600.00/Month 57,200-00 Subtotal $44,480.00 TOTAL AEE MA15T" .NANCF- $44,48000 incfde' tal Costs incidentals&z Vandalism $15,000.00 Assesment Collection Fees $1,400.00 Coun Administration $24 000.00 TOTAL ALL INCIDENTALS-. $40,400.00 TOTALANNUALREPLACFNIMDOST: $50,000.00 Total Annual Estimated Cost $13400.00 The 1972 Act requires that.a special fund be set up for the revenues and expenditures of each Zone. Funds raised by the assessments:shall be used only for the purpose as stated herein. A contribution to each Zone by Contra Costa County may be made to reduce assessments, as the Beard of Supervisors'deems appropriate. Any balance remaining on July 1'at the end of the fiscal year must be carried over to the next fiscal year. N:\$Projects\Contra\M5-06\Zone70,71\z70 PER.doc -6- Francisco&Associates Contra Costa Countywide Landscaping Distract(LI_2) SECTION III .Zone 70 Mid'YearAnnexation.Fiscal Year 3005-06 PART C PART C ASSESSMENT DISTRICT DIAGRAM The boundaries of Zone 70 are completely within the boundaries of Contra Costa County. The Assessment Diagram for the Countywide Landscaping District(LL-2)that incorporates Zone 70 is on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Contra Costa County Public Works Department. The lines and dimensions of each lot or parcel within Zone 70 are those lines and dimensions shown on the maps of the Contra Costa County Assessor,for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. Zone 70 encompasses the entire development area for Vesting Tentative Map 8331 also known as Intervening Properties. This area is located off of Camino Tassajara just east of the Danville Town limits and south of the Blackhawk Development(a vicinity map is shown below). va f MCINITY MAR The Assessment Diagram is included on the following page. N.\$Pio}ects\Gontta\FY05-06\Zone7o,711z7o}PER doc -7- F'"1"c'�nc sco&Associatcs v� rl-AMOCRigTRIBUTARY N� Contra Costa Countywlde CamdscapmgDistrict(' .2) SECTION III Zone 70 Mid'Year Annexation Fiscal Year 2005-06 PARTD PARTI) METHOD OF APPORTIONMENT OF ASSESSMENT Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972,permits the establishment of assessment districts by Agencies for the purpose of providing certain'public improvements, which include the operation, maintenance and servicing of landscaping and street lighting improvements:; Section 22573 of the Landscaping and Lighting..Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.' ,,The determination of whether or not a lot or parcel:will benefit from the improvements shall be made pursuant to the Improvement'Act of 1911 (Division 7 (commencing with Section 5000))'[of the Streets and Highways Code,State of California]." In addition,Article XIIID, Section 4(a) of the;California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered a tax, and therefore,are not governed by Article X.IIIA of the California Constitution. The 1972 Act' permits the designation of zoites of benefit within any individual assessment district if "by reasons or variations in the nature,location, and extent of the improvements,'the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Thus, the 1972 Act requires the levy of a true"assessment"rather than a"special tax." Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that ''those;,properness receive''no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public-avenues, public lanes, public roads, public drives, public courts, public alleys,public easements and rights-of- ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. :\$P%m \coy, os-06\zone7o;n�z7o PER doc - Francisco&Associates Contra Costa Countywide.Lar dscapintgD strict(LL2) SECTION III Zone 70 Mid Year Annexation Fiscal Year 200506 PART D LANDSCAPING BENEFIT DETERMINATION Trees, landscaping,; hardscaping and appurtenant facilities, if well maintained., provide beautification,shade and enhancement of the desirability of the surroundings. In Parkways and Land Values,written by John Nolan and Henry V.Hubbard in I937,it is stated: "..there is no tach of opinion,bused on general principals and experience and common sense,that parkways do in fact add value to property, even though the amount cannot be determined exactly. Indeed,in most cases where pudic money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City,or in parts of the City,-, It should be noted that the definition of"parkways":'above may include the roadway as well as the landscaping along side the roadway. Proper maintenance and operation of the street landscaping along major thoroughfares,medians and parkways provides beautification and enhancement of the surroundings._ These landscape improvements benefit all parcels within Zone 70. These major thoroughfares are the'entryways into each zone and as such provide beautification to the entire zone. ASSESSMENT METHODOLOGY The total operation., maintenance and servicing cost for the landscaping facilities are apportioned in accordance with the methodology that is consistent with standard assessment engineering practices. As certain subdivisions develop throughout the County, they may be annexed into an existing Zone or a neve Zone may be created. Each new subdivision is evaluated to determine which improvements are of a specific and direct benefit to the parcels within the subdivision and then a determination is made whether to annex them into an existing Zone or form a new Zone. The parcels, which benefit from the improvements, are then identified and a benefit assessment methodology,is developed to allocate the costs of the improvements to the benefiting parcels. Since the assessments are levied on the owners of properties as shown on the securest property tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be allocated by parcel,not considering land use,this would not be equitable because a single- family parcel would'be paying the same as a'50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on benefit received by each particular parcel. The methodology used to assign EDUs to other land uses in proportion to the benefit they receive relative to the single family residential parcel and is explained below. N-\$Projects\Contra\FY05-06\Zone7E3.7ilz7ti_PER.doc -10- Fmncisco&.t ssociates Contra Costa Countywide Landscaping District(LL2) SECTION III Zone TO Mid Year vexation Fiscal Year 20015-06 PARTI) DevelQPed Single Far &Residential-The developed single family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equival Contra Casty Covn u4 e Landwaping District(LLQ?) SECTION III Zone 70 Mid YearAHnexativn Fiscal Year 2005-06 PART D Zone 70 Intervening Properties--Danville Area)Vesting Tentative Map 8331 It is anticipated that Zone70 will consist of 377 single family parcels and 96 apartment units at build out. Each of the parcels located within this zone will be assessed an equal share of the total assessment for this zone. Single family parcels are proposed to be assessed at 1.00 EDU/parcel and multi family units are proposed to be assessed at 0.50 EDUs/unit. It is estimated that at build out of the Zane the total amount needed to maintain the public improvements for Zane 70 on an annual basis is $134,190(FY2005-06 dollars). (377 single family units*1.00 EDU)+ (96 apartment units*0.50 EDU)='426.00 EDUs $134,190 divided by 426.00 EDUs=$315.00/EDU Proposed Maximum Rate $315.00 per si: glex-family parcel $157.50 per multi-family unit Maximum Assessment Rate Increases The maximum assessment rate shown above is in FY 2005-06 dollars. Each year thereafter the maximum assessment rate shown above may be increased based upon an 'allowance for a minimum of a 2%CFI increase each fiscal year which is based upon the San Francisco Bay Area All Urban Consumers as of June 2005(201.20) N:\$Projects\Contra\Y05-06\Zonelonlz7(Y PERdoc -12- Franc&co&Associates Contra Coss Gr urrttyvvi eLandscapingDistriet("LZ2) SECTION III .Zone 7o Mirk YearAnnexatlbn.Fiscal Year 2005-06 PARTE PART E PROPERTYOWNER LIST Asx ASSESSMENT ROLL A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within Zone 70 is shown on the last equalized Property Tax Rall of the Contra Costa County Assessor,which by reference is hereby made a part of this Report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the Contra Costa County'Clerk of the Board of Supervisors and the Contra Costa County Public 'Works Department and is shown below in Table 3 Table 3: Assessment Roll Assessor's Maximum Parcel Estimated Ultimate Estimated Assessment Number Owner Land Use Acres EDUs' Amount 2176-020-088 DANVILL TASSAJARA PAR'TN'ERS 163 Single atrulr Units 42.46 163.00 $51,345.00 2036-020-089 CONTRA COSTA RE INVESTORS LLC 96 A anment Units 4»10 4800 $15,120.00 06-020-090 CONTRA COSTA RE INVESTORS LLC 77 sin a Faudy Units 24.61 77.00 $24,255.0 246-190-•001 DANVILLE TASSA ARA PARTNERS School Ball Fields 11.79 4.04 $0.00 206-190-002 TIANVILLE TASSAJARA PARTNERS School Ball Fields 11.41 0:00 $0.00 06-190-005 EA—WILLE TASSAJARA PARTNERS 14 SNLe Family Units 5.00 14.00 $4,,410.00 206-190-006 DANVILLE TASSAJARA PARTNERS 14 ing a Family Units 5.00 14.00 $4,410,00 206-22MO2 CON'T'RA COSTA Ric INVESTORS LLC 21'Single Family Units 10.15 21.00 $6,615.0 206-220-003 CONTRA COSTA RE INVESTORS LLC 62 Skn e Family Units 20,49 6210 $19530.0 206-220-004 CC7NTRA COSTA RE INVESTORS LLC 27 Sin a FaYnil}*Units &65 ' M-00 8 05.0 155.66 426.00 $134;190.00 NA$ProjectsiContra1FY05-06\Zone7o,71\z70„PER.doc -13- Francisco tfQ ASSOCIfil es EXHIBIT B Contra Costa County Countywide Landscaping District (LL-2)--Zone 70 NOTICE OF PROPOSED ASSESSMENT Attn: Steve Jones Danville Tassajara Partners Assessor Parcel leas.: 206-020-098, c/o Lennar Properties 206-190.001, 002,005,& 006 6121 Bollinger Canyon Road, Suite 500 FY 2005-06 Rate per EDU: $0.00 San Ramon, CA 94583 Maximum Rate per EDU: S 315.00 REASON FOR.THE ER_OPOSED ASSESSMENT' Contra Costa County is proposing to form Zone 70 of the Contra Costa County Countywide Landscaping District (LL-2) C Zone) this fiscal year to establish a funding mechanism for property owners to operate and 'maintain public landscaping, street lighting, open space, trails, parks, etc. (the "Public Improvements') associated with the development of Vesting Tentative Map 8331. This annual assessment is levied on all property owners who directly benefit from the Public Improvements associated with their development. DESCRIPTION OF IMPROVEMENTS The Zone funds will be used to operate and maintain the Public ;Improvements associated with their development. The annual landscape maintenance will include, but is not'limited to public landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, trails hardscapes, walls, fences, and other appurtenant facilities. The anmual 'street lighting maintenance consists of, but is not limited to, the servicing of poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and other appurtenant facilities. The annual operational costs will include, but are not limited to, water, materials, electrical energy, personnel, equipment, etc. that is needed to maintain the public landscaping and street lighting facilities. BASIS FOR CALCULATING ASSESSMENTS Each year the Contra Costa County Public Works Departments' staff will determine how much it will cost to operate and maintain the above described Public Improvements within Zone 70. These casts will be distributed 'proportionally to all of the benefiting parcels within the Zone based on the following calculations'. A single family parcel has been selected as the basic unit for the calculation of assessments. Therefore, the single family parcel is defined as one (1.00) Equivalent Dwelling Unit (EDLD. Multi- family parcels are assigned 0.50 EDUs per unit. Commercial, industrial and :institutional parcels are assessed at 6.00 EDUs per acre; Zone 70 will eventually be comprised of 378 single family parcels and 96 apartment units. Therefore,the calculation of the equivalent dwelling units would be 378 * 1.00 EDU+96* 0.50 EDUs = 426 EDUs. DURATION OF ASSESSMENTS In order to operate and maintain the Improvements within the Zone, the County >plans to levy an assessment each fiscal year in perpetuity. AMOUNT OF PRQPOSED ASSESSMENT A. ' Total Zone Assessment The total Fiscal Year 2005-06 annual assessment for Zone 70 is$0.00. B. Individual Assessment The total Fiscal Year 20015-06 annual assessment for your parcel(s) described above will be$0.00. C. Maximum Assessment Rate The maximum annual assessment that could be levied for Zone70 is $315.00 per EDU. 'It is estimated at build out of the Zone the total amount needed to maintain the Public improvements for Zone 70 on an annual basis is $134,190(FY2005-06 dollars). In each successive fiscal year the maximum assessment may be increased'by the change in the Consumer Price Index for the Sad Francisco Bay Area Urban Wage Earners (minimum of 2%) from the previous year to cover the cast of living increase and other inflationary costs:' PROCEDURES FOR COMPLETING THE BALLOT Accompanying this notice is a`ballot, along with a pre-addressed., postage paid return envelope.;- The ballot may be completed by the property owner(s) or their authorized representative and returned to Centra Costa County to indicate the property owner's support for or opposition to the proposed assessment. For your ballot to be counted,' you must clearly mark the appropriate box., sign,; the ballot and return it sealed in the enclosed envelope by the conclusion of the;public input'portion of the public hearing on October 4, 2005. Ballots may be returned either by mail or delivered to 255 Glacier Drive, Martinez, CA 94553 by the close of the public input portion of the public' hearing. If returning your ballot by mail, please allow sufficient time for delivery,so that the County receives your ballot by October 4, 2005. INFORMATION REGARDING PUBLIC HEARING AND EROTEST PROCEDURE The County Board of Supervisors will hold a public hearing on October 4 2005, to hear testimony regarding the proposed assessment, to accept ballots, and to determine whether there is a majority protest for or against the proposed assessment. The public hearing,which'will begin at 9:30 a.m., will be held at the Board of Supervisors Chambers,located at 651 Pine Street, Martinez,California. All ballots, which are returned to Contra Costa County by the conclusion of the public hearing,will be tabulated and weighted according to the proportional financial' obligation of the affected property. If upon completion of the public hearing and tabulation of the ballots, the County Board of Supervisors determines that a majority of the ballots cast, weighted by assessment obligation, opposes imposition of the assessment, the assessment will not be imposed. Respecting the constitutional' right to privacy, Contra;Costa County will strive to keep the ballot information confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing o October 4 2005.' OLUSTIQNS REGARDING MESE PROCEEDINGS If you have any"questions about the proposed assessment or this process, please contact David Edmonds at (925) 313-2181 or Jennifer White,the County's Assessment Engineer at(925) 867-3400.` EXHIBIT C 3, 46 i at4�}i t Rri rs�,.MpaNx� s.� Yes,I SUPPORT the formation of Zone 70—Intervening Properties into the Contra Costa County Countywide Landscaping District (LL-2) and agree to the maximum annual assessment rate of$315.00 per Equivalent Dwelling Unit, which includes an allowance for annualincreases due to the change in the Consumer Price Index increase(minimum of 2%)'. No,'I OPPOSE the formation of Zone 70 — Intervening Properties into the Contra Crista County Countywide Landscaping District (LL-2) and do not agree to the annual assessment rate of$315.00 per Equivalent Dwelling Unit. Property Owner Name(s): Danville'Tassajara Partners,Attn: Steve.Tones Property Address or Description: Subdivision(s) 8331 (378 single family units, 96 apartment units)—Intervening Properties off of Camino Tassaj ara Assessors Parcel Number(s): 206-020-088 206-190-001 206-190-002 206-190-005 206-190-006 I hereby certify under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the property shown above in these proceedings. Dated: _ Signature' Printed Name of Property Owner/Representative Once you have voted and signed this ballot, please place the ballot in the;enclosed pre-paid, self- addressed return envelope. Your ballot will not be counted if you have not voted, signets the ballot, sealed the envelope and mailed or delivered it to Contra Costa County, .Attn: David Edmonds located at 255 Glacier Drive,Martinez, CA 94553. All ballots must be received prior to the conclusion of the public input portion of the Public Hearing, `..which will be held on October 4, 2005, starting at 9:30 am., at the Contra Costa -County Board of Supervisors Chambers, 651 fine Street,Martinez,CA.