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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-538 THE BOARDOF SUPERVISORS OF CONTRA:COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 16 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UIL.KEMA NOES: NONE ABSENT: NONE ABSTAIN:, NONE RESOLUTION 1`d0.245/ 538 SUBJECT ADOPT Resolution No. 2005/ 53,8 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscaping District(LL-2) Zone 71, and fixing a hearing for October 4, 2005 at 9:30 a.m. to consider levying an assessment, for parcels to be included and certify the tabulation of the 'ballots submitted for the proposed assessment,Danville area. (District Q 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 Developments submitted a request to the Department of Public Works for inclusion of the Developments into the formation of Contra Costa County Countywide Landscaping District (LL-2) Zone 71. The County intends to initiate proceedings to form LL-2 Zone 71 pursuant to that request. 3. Once the Developments' are included into LL-2 Zone 71, 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 Developments, it will be necessary to levy a service charge(the"Assessment").' The service charge rheets 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 the improvements to be maintained, the maximum estimate of cost, the Assessment Diagram, the method of Apportionment of Assessment and Property Owner List,'&Assessment Roll. DE:sr G:\GrpData\SpDist\Board Orders\2005-Board Orders\08-15-05'BO LL-2 Zone 71(Pixing).doc Orig.Div: Public Works(Special Districts) I hereby certify that this 1s a true and correct copy of an action Contact: David Edmonds(313-2161) taken and entered on the minutes of the Board of Supervisors on cc: County'Administrator Assessor the date shown. Auditor-Controller Community Development CountyCounsel ATTESTED: AUGUST 16 2005 ' JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By_11 ,,Deputy RESOLUTION NO.2005/ 538 SUBJECT: ADOPT Resolution No. 2005/ 538 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscaping District(LL-2) Zone 71, and fixing a hearing for October 4, 2005 at 9:30 a.m. to consider levying an assessment for parcels to be included'and certify the tabulation of the ballots submitted for the proposed assessment,Danville area. (District III)Project No. 4651-61,4472 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 SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS I. The Board will conduct a public hearing(the "Hearing")on October 4,2045 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers,651Pine 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 Zone 71. 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 confirms to the official assessment roll for the year in which the assessment will be collected and, therefore,constitutes the Final Report for the Assessment. RESOLUTION NO. 2005/538 EXHIBIT A CONTRA COSTA COUNT COUNTYWIDE LANDSCAPING DISTR.ICT (LL-2) ENGINEER'S REPORT t PRELIMINARY ENGINEEWS REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) Zone 71 -- Diablo Vista Ballfields Mid. Year Annexation Fiscal Year 2005--0:6 Pre ared or: Contra Costa County Preparrd by: Francisco&r;Associates,`Inc. 130 Market Place,Suite 160' San Ramon.,CA 94583 August 16, 2005 Contra Costa Countywide LandscapingEVstrict{LL2} Zone 77 Mid Year Annexation Fiscal Year 2005-06 TABLE OF CONTENTS Page No. ContraCosta;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............................................................. ..........' ..................._...6 Table 2 Total Estimated Cost at Build out ........ .. ......... ........, .6 PART C Assessment Diagram.... ........ ......... ......... .......... ........ ......... .......8 PART'D Method of Apportionment of Assessment ......... .......... ....................10 PARTE Property Owner List&Assessment Roll.... . ....... . ..... .. .. ..I3 Table 3 'Assessment Roll....... ......... ......... .......... .: ... ......13 N.\$ e£ tcontra\FYo5-os zone7on zn PER.dcc AFrancisco&Associates Contra Costa County%'ldle Landscaping District(".LL2) Zone n l id YearAnnexation.Fiscal Year 2005-06' BOARD&COUNTY STAFF CONTRA COSTA COUP COUN"CYWIDE LANDSCAPING DISTRICT(LL-2)' MID YEAR FISCAL YEAR 2005-05 CONTRA.COSTA COUNTY BOARD OF SUPERVISORS Gayle B.Uilkema; Chair District No.2 John M.Gioia Federal D.Glover 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 Sbiu Public Works Director Silvano Marchesi John Sweeten County CounselClerk of the Board of Supervisors Eileen Doten David Edmonds Special Districts Coordinator Special Districts Planner Francisco&Associates Assessment Engineer N:\$Projects\Contra\NY05-06\Zone70,71\z71_PER;doc h Francisco&Associates Contra Costa Cmwtywide Landscaping District(LL2) .Zane n Mid Year Annexation Fiscal Year 2005-06CERTIFICATES; ENGINEER`S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 The undersigned, acting of behalf of Contra 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 Califo treets'and Highways Code. The undersigned certifies that he is a Professional Engineer,r gist'' ed in the State of California. / F 4 Dated: B ' `� t `� y Maurice 9196 Public Works Director RCE No. 23204 I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment RoU and Assessment Diagram thereto attached was filed with me on the day of _,2005. John 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 o(_,2005: John Sweeten,Clerk of the Burd of Supervisors Contra Costa County,California By: N:\$Pmjects\Contra\M5d06`Zone70,n\z71_PER.doc -i21 Francisco&A sociates Contra Costa Countywide Lwdscaping District(LL2) SECTION I Zone Tl MidYear Annexation Fiscal Year 2005--06 INTRODUCTION SECTION I INTRODUCTION ENGINEER'S REPORT COUN'T'YWIDE LANDSCAPING DISTRICT(LI-2) MID YEAR FISCAL YEAR 2005-06 Background Information To ensure the proper flow of funds for the ongoing operation, maintenance and servicing of specific improvements within the boundaries of Contra Costa County,the Hoard 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 a part of their conditions permitting the developer to construct neve 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 71 will be created. This new zone will need property owner approval prior to final approval from the Board of Supervisors. This process is discussed in Section II;`Proposition 218'of this Report. urrent Annya/l4+r rnLMstration 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'71, (2) an estimated build out budget for Zone 71,and(3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within Zone 71. The Contra Costa Board of Supervisors will hold a Public Hearing,October 4, 2005, regarding the formation of Zane 71 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 favorable, the Contra Crista 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. N:\$Projects\Contra\FY05-06\Zone7d,71\z7i_PE&doc - - Francisco sco&Avrsocic'ji LEGS Contra Costa Countywide Landscaping BYstda(LL2) SECTION II Zone TI Mid Year Annexatr'on FiscalYear 2005-06 PROPOSITION 218, SECTION II IMPACTS OF PROPOSITION 218' ENGINEER'S REPORT COUN"T"YWIDE 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 71 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 71. 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;willl be tabulated to determine whether or not a majority protest against the assessment in Zone 71 exists. 3) The ballots'will be weighted based on 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$ProjectslConua\HO5-06'Zone70,n z71_PER.doc -2- Francisco&.c``ssoci'Ztes Contra Costa Cour q%dde Landscaping DYstrict(LL2) SECTION III Zane 777 Mid YearAnnexation FiscW Year 2005-06 ENGINEER'S REPORT SECTION III ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTIONS 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE 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, 2005 by the Board of Supervisors of Centra 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 71°,`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 71. Plans and specifications for the improvements are as set forthh 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 71 showing the exterior boundaries of the Zone, and the limes 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. N:\$Projects\Contra\FY05-06\Zone70,n\z7i_PER.doc >3 Francisco&AssflcWes Contra Costa Countyodde Landscaping District(LL2) SECTION III Zone nMid Year Annexation Fiscal Year 2005-06 ENGINEER'S REPORT PART E: PROPERTY OWNER LIST&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 71. 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 Costa County Assessor,which are incorporated herein by reference. .\$PmjectsiContra1FY05-065 one7O,71\z71_PER,doc -4- Francisco&Assiociates Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 77 Mid Year Annexation,Fiscal Year 2005-06PART A PART A PLANS ANIS SPECIFICATIONS The facilities, which have been constructed within Zone 71, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: The construction,operation,maintenance and servicing of landscaping,irrigation,lighting,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: Park and Recreation Facilities The operation and maintenance of park and recreational facilities;.includes,but is not limited to; ballfields,lights,play equipment,public restrooms and associated appurtenant facilities located within the boundaries of Zone 71. The following is a detailed description of the improvements that are planned to be operated, maintained and serviced. Table 1: Planned Improvements IMPROVEMENT AREAS IMMOVEKIENT AREA Diablo Vista School Ballfield 15 Acres The Facilities are shown in detail on the Improvement Plans, and are also depicted graphically on the Assessment Diagram in Part C of this Report. These improvements are outlined in the January 27, 2004 "Comprehensive Agreement to Settle Litigation" between the Town of Danville,Contra Costa County,and the Integrated Project Developers. t :\$Projects\Contm\FY05-b6\Zone7o,71\z71_PER dm 5 Francisco&AssocIr'7te Contra costa County-mdeLandscapmg District(LL2) SECTION III .Zane n Mid YearAnnexatron Fiscal Year 2005-06 PART B PART B ESTIMATE OF COST The 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the publiclandscaping,lighting (not street lighting except in special cases),parks, trails and open space facilities, etc. can be recovered by each Zone. Incidental expenses including administration of the Zone, engineering fees,legal lees and all other casts associated with the construction, operation and maintenance and servicing of the Zones can also be included. For the new Zane being proposed for mid year it is not anticipated any;expenditures will 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. 12 x g. 01mrsa iOn Maintenance Total " Diablo Vista$allfields Quantity cost/Unit Cast Landscaping-Camino Tassajara south Side Frontage 15.00 Acre $12,000.00/Acte $1800.00 Subtotal $180000.00 TOTAL ALL;1AINTENANCE 180,000.04 lncidental Costs Assessment Engineering $1,925.00' Assesment Collection Fees $1,075.00' County Administration TOTALALL INCIDENTALS: $5,270.00 �Funds Operating Reserve Fund(50%) $92,635.00 Capital Reserve Fund(20%) 36 000.00 TOTAL ALL RESERV ES: $128,635.00 Total Estimated Costs{with Reserves Collected) $313,905.00' Total Estimated Costs(without Reserves Collected) $185,270.00 It is estimated that approximately $185,270 (in 2005.06 dollars) will be needed to operate and maintain the ballfields once construction is completed. The Settlement Agreement states that only Single Family parcels located within Benefit Zone 71 may be assessed. The maximum assessment per single family parcel per the Settlement Agreement was set at$75.00(in 2005-06 dollars)'per parcel with an allowance for future increases based upon the change in the San Francisco Bay Area Consumer Price Index. In addition $5.00 per parcel has been included to cover incidentals such as the Assessment Collection Fees &Administration. Therefore, when all 1,054 single family parcels are assessed it will generate$84,320 (in 2005-06 dollars)per year. The remaining $1001,950 needed to operate and maintained the ballfields will be financed'by either the Town of Danville'and/or the San Ramon Valley Unified School District. N;\$Projects\Contra\FY05-06\Zone70,71\z71_PER.doe -6- Francisco&AssrociarL'"tu Contra Costa Countywide LandscapingDistrict(LL.2) SECTIONIII Zone 77 Mid YearAnnexation.Fiscal Year 2005-Oe PART B The 1972 Act requires that a special fund be set up for the revenues and expenditures of each Zone. Funds raised by the assessments shallbe used only for the purpose as stated: herein. A contribution to each Zone by Centra Costa County may be made to reduce assessments,as the Board of Supervisors deems appropriate. Any balance remaining on July I at the end of the fiscal year must be carried over to the next fiscal year. N:\$Projects\Contm\FY05-06\Zoae70,n\z7i_PER.doc 7- Francisco&Assoc a tet Contxa Costa Couno odd'e Landscap&gDi=kt(LL2 SECTION III Zone 27 Mid Year Annexation Fiscal Year.2OO5 a6 PART C PART C ASSESSMENT DISTRICT DIAGRAM The boundaries of Zone 71 are completely within the boundaries of Contra Costa County, The Assessment Diagram for the Countywide Landscaping District(LL-2)that incorporates Zone 71 is on file in the {office of the Contra Costa County Clerk of the Boardof Supervisors and the Contra Costa County Public Works Department. The lines and dimensions of each lot or parcel within'Zone 71 are these 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 71 encompasses the entire development area for Vesting Tentative Map 8331 also known as Intervening Properties and Vesting Tentative Map 8381, 8382 also known as Alamo Creek. This area is located off of Camino Tassajara just east of the Danville'Town limits and south of the Blackhawk Development. The Assessment Diagram is included on the following page. N:\$Projects\Contra\FY05-06\Zone70,71\z71 PER.doc S- .l"li3ncisco t' AssoLla te'S t- 0 1 ao� o I in fill] 1. 1wr, 1 a �r Contra Crista CoungWde Landscaping District(1 L2) SECTION III ,,Trane 77 MY d Year Annexation discal Year 2005-0,6 PART D PART I) 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 unprovements:" 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 Cade,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 XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment districts 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 'properties 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 isnot developed and used for business purposes similar to private commercial, industrial and institutional activities. N:\$Projects\Contra1FY05-06\Zone7O,71\-z71_PER.d+oc .10- Francisco&Associate.S Contra Costa Count} ide LandscapogDisn ct(LL2) SECTION III Zone Tl Mid Year Annexation Fiscal Year 2005-06 PARTI) LANDSCAPING BENEFIT DETERMINATION Well-maintained parks provide recreational opportunities, beautification, shade and enhancement of the surroundings. These aesthetically pleasing attributes increase property values and attract homebuyers and businesses'to the area. If public recreational areas were not properly maintained, they'would reduce the quality of life and decrease property values in the surrounding areas. These ballfield improvements provide general benefits to the public at large and special benefit to the single family parcels located within Zone 71. The Town of Danville and/or the San Ramon Valley Unified School District will fund that portion of the cost which provide,a general benefit to the public at large. ASSESSMENT METHODOLOGY IODOLOGY The total operation,maintenance':and servicing cost for the public park 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 new 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 trade 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 secured property tax rolls, the final charges must be assigned by Assessor's Parcel Number. 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. Developed SjWe Fam&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 Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per Contra Costa County land use code are assessed one(1.00)EDU. Exempt-Exempted from the assessment would be all non-single family residential parcels. Zone 71(Diablo Vista Bal fields--Danville Area)Vesting Tentative Map 8331,8381,&8352 It is anticipated that Zone 71 will consist of 1,0.54 single family parcels at build out. The maximum assessment per single family parcel per the Settlement Agreement was set at $75.00 (in 2005-06 dollars)per parcel with an allowance for future increases based upon the change in the San Francisco Bay Area Consumer Price Index), It is estimated that at build out of the Zone N:\$erects\con lFY0s-or\zone7O, ,PER.doc Francisco&Associstes Contra Costa Cou tywWdeLandscaping Distl ct(LL2) SECTION III Zane n Mid Year Annexation.Fiscal Year 2005-06 PART D the total amount needed to maintain the public improvements for Zone 71 on an annual basis is $185,270(in 2005-06 dollars). Therefore,when all 1,054 single family parcels are assessed it will generate$84,320 (in 2005-0f dollars)per year. The remaining $100,950 needed to operate and maintained the ballfields will be financed by either the Town of Danville and/or the San Ramon Valley Unified School District. PKgposed Maximum.Rate $80.00 per single-family parcel Maxiurn 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 the annual change in the San Francisco Bay Area All Urban Consumers as of June 2005(2.01.20). N;\$Projects\Cantra\FY05-06\Zone7O,71�71_FERdoc I2 Francisco&A ssocial'es Contra Costa County-mde Landscapmg District(LL.2) SECTION III Zone 7?Mid Year Annexation.Fiscal Fear 2005=06 PART E PAT E' PROPERTY OWNER LIST Esc ASSESSMENT ROLL A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within Zone 71 is shown on the last equalized Property Tax Roll 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 Numbersas shown an 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 Berard. of` Supervisors and the Contra Costa County Public Works Department and is shown below in Table 3. Table 3: Assessment Roll Maximum Parcel' Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 206.020-088 DANVILLE TASSA ARA PARTNERS 163 Sias a Family Units port Svb 8331} 42.46' 163.00 $13,040.00 206-020-W9 CONTRA COSTA RE INVESTORS LLC 96rtment Units(port Sub 8331} 4.10 0.00 $0.00 206.020-090 CONTRA COSTA RE INVESTORS LLC 77 Single Fanail Units rt Slab 8331) 24.61 77.00 $6,160.0 206-030-023 SHAPELL INDUSTRIES'INC 177 S!4t Fan-Aly Units rt Sub 8381) 71.06 177.00 $14,160. 206-030-025 S18APELL INDUSTRIES IOF NO CALIF 136 S!ngLe Fi!j iy Units rt Sub 8381) 54.83. 136.00 $10,8$0. 206-030-026 PONDEROSAHOMES It INC 33 Sin a Fan-Aly Units rt Sub 5382 IL25 35.00 $2,800. 206-030-027 PONDEROSA HOMES II INC 15 S le Fan* Units rt Sub 83n)- 5.001 15. 6 $1,200.0Q 206.030-028 SMELL INDUSTRIES'INC I44 SingIe Family*128 Senior(port Sub 838D 57.85 144.00 $11,520.0 206.030-033 SHAPELL INDUSTRIES INC 100 Single Farbily+126 Townhomes(portS381) 103.88 100.00 $8,000. 306.030.040 SHAPELL INDUSTRIES INC 59 Single Family Units(port Sub 8381) 303.82 69:00 $5,520. 206-030-041$HAPELL INDUSTR.IES''INC 91-n,Space 5.04 0:00 $0.00 206-190-001 DANVILLE`i'ASSAJARA PARTNERS School Balllields 1L79 0.00 $0. 206-190-€102 DANVILLE TASSAJARA PARTNERS School Ballfielrls 11.41 0.06 $0.0 206.190005 DA VILLE TASSA ARA PARTNERS 14 Single Family Units rtSub 8331} 5,00 14:00 $1120. 206-140-606 DANVILLE TASSA ARA'PARTNERS 14 Single Family Units rt Sub 8331) 5.00 14.00 $1,120. 206-220-002 CONTRA COSTA RE INVESTORS ESTORS LLC 21 Single Family Units{port Sub 8331 10.13 21.00 $1,680. 206-220143!x3 CONTRA COSTA RE INVESTORS LLC 62 Single Family Units(port Sub 6331) 20,49 62.00 $4,960. 206-220-004 CONTRA COSTA RE INVESTORS LLC 27 Single Family Units(part Sub 8331), 20-65 _27-0Q 2160. ' 1,05`#:00 $!14,320.00 N:\$Projects\Contra\FY05-06\Y.one70,71\z7i_PER.doe -13- Francisco&AS,'✓ociatcs EXHIBIT B CENTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) -- ZONE 71 NOTICEOF PROPOSED ASSESSMENT Attn: Chris Truebrid e Assessor Parcel Nos.: 206-030-023 Shapell Industries 206-030-025,028, 033,;040,& 041 100 North Milpitas Blvd. FY 2005-06 Rate per EDU: $0.00 Milpitas, CA 95035 Maximum Rate per EDU: $.80.00 REASON FOR THE PROPOSED ASSESSMENT Contra Costa County is proposing to form Zone 71 of the Contra Costa County Countywide Landscaping District (LL-2) ("Zane") this fiscal year to establish a 'funding mechanism for property owners to operate and maintain the Diablo Vista Ballfields ("Public Improvements") associated with:.: the development of Vesting Tentative Map 8331, 8381, & 8382. 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 operational casts will include,but are, not limited to, 'water,' materials, electrical energy, personnel, equipment, etc. that is needed to maintain the public improvements.' BASIS FOR CALCULATING ASSESSMENTS Each year the County Public Works staff will determine how much it will cost to operate and maintain' the above described Public Improvements within Zone 71. 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 (1.40) Equivalent Dwelling Unit(EDU). Zone 71 will eventually be comprised of 1,454 single family parcels. Therefore, the calculation of the equivalent dwelling units would be 1,054 * 1.04 EDUs = 1,054 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 PROPbSED ASSESSMENT' A. Total Zone Assestnent The total FY 2005-06 annual assessment for Zone No. 71 is$0.00. B. Individual Assessment The total FY 2(105-06 annual assessment for your parcel(s)described above will be $0.00. C. Maximum Assessment Rate The maximum annual assessmentthat could be levied for Zone 71 is$80.00 per EDU. It is estimated at build out of the Zone the total amount needed to maintain the Public Improvements for Zone 71 on an annual basis is$84,320(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 %) from the previous year to cover the cost of living increase and other inflationary costs. PROCEDURES FOR COMPLETING TRH BALLOT Accompanying this notice is a ballot, along with a pre-addressed, postage paid return envelope. The ballot may be completed by the property owners) 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 REGARnING PUBLIC HEARING AND PRO'T'EST'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 ballets, 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. QUES3:10yS REGARDING THESE'PROCEEDINGS If you have any questions about the proposed assessment or this process, please contact David Edmonds at (925) 313-218`(1 or Jennifer White,the County's Assessment Engineer at(925) 867-3440. EXHIBIT C # a ' r fv Ufa et 4 4 s a Yes, I SUPPORT the formation of Zone71 — Diablo Ballfields into the Contra Costa County Countywide Landscaping District (LL-2) and agree to the maximum annual assessment rate of$80.00 per Equivalent Dwelling Unit, which includes an allowance for annual increases due to the change' in the Consumer Price Index increase (minimum of 2%) Nc� I OPPOSE the formation of Zone 71 — Diablo Ballfields into the Contra Crista ElCounty Countywide Landscaping District (LL-2) and do not agree to the annual assessment rate of$80.00 per Equivalent Dwelling Unit. Property Owner Name(s): Shapell Industries, Attn: Chris Truebridge Property Address or Description: Subdivision(s) 8381 (626 single family units) Alamo Creek off of Camino'Tassajara Assessors Parcel'Number(s): 206-030-023 206-030-025 206-030-028 206-030-033 206-030-040 206-030-041 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.