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Home My WebLink AboutMINUTES - 02272007 - C.14 (3) Contra TO: BOARD OF SUPERVISORS s Costa o� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR - - County SrA�a�K DATE: January 9, 2007 0, , Iq SUBJECT: ADOPT Resolution No. 2007/9 accepting the Fiscal Year 2006/2007 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 75; declaring the intent to levy and collect assessments and fixing a hearing for February. 27, 2007 at 9:30 a.m. to adopt the proposed annual assessments and complete public noticing, Martinez area. (Countywide Landscape District (LL-2) Zone 75 Funds) (District II)'Project No. 4500-6X5244 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: ADOPT Resolution No. 2007/ 9' accepting the attached Fiscal Year 2006/2007 Mid-Year Annexation Preliminary Engineer's Report for a landscaping assessment on the parcels in Final Map 8984 to form Countywide Landscaping District (LL-2)Zone-75. FIX a Public Hearing for February 27, 2007\at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment. Continued on Attachment:X SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR i _RECOMMENDATION OF BOARD COMMITTEE ,-APPROVE OTHER SIGNATURE (S): ACTION OF BOON%/Q.� !4 9 d APPROVED AS RECOMMENDED OTHER VOA OF SUPERVISORS I/ UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. PE:sj G:\SpDist\Board Orders\2007\0 1-09-07 BO LL-2 Zone 75 Engineer's Report(Fixing).doc p Orig.Div:Public Works(Special Districts) ATTESTED: Contact: Warren Lai(313-2180) cc: County Administrator JOHN CULLEN,Clerk of the d of Supervisors and Assessor County Administrator Auditor-Controller Community Development County Counsel By P.Edwards,Special Districts Deputy Engineering Services SUBJECT: ADOPT Resolution4ko. 2007 accepting the Fiscal Year 2006/2007 Mid-Year' Annexation p g Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 75; declaring the intent to levy and collect assessments and fixing a hearing for February 27, 2007 at 9:30 a.m. to adopt the proposed annual assessments and complete public noticing, Martinez area. (Countywide Landscape District (LL-2) Zone 75 Funds) (District H) Project No.4500-6X5244 DATE: January 9, 2007 PAGE: 2 Recommended Action: (continued) J DIRECT the Public Works Director to mail, by first,class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. 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. All costs will be covered with revenue from Countywide Landscaping District (LL-2) Zone 75. Reasons for Recommendations'and Background: The developer is required by Condition of Approval to form Contra Costa County Countywide Landscaping District (LL-2) Zone 75, for future maintenance of public landscaping including median islands, border strips fronting public roads, parks, on and offsite pedestrian paths, etc. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. Consequences of Negative Action: Without the Board of Supervisors' approval, this project will not be in compliance with the Conditions of Approval for Vesting Tentative Map 8984 and an alternative means to finance public right of way landscape maintenance would have to be identified. THE BOARD OF SUWVISORS OF CONTRA COSTA CRNTY, CALIFORNIA Adopted this Resolution on January 9, 2007 by-the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ 9 SUBJECT: ADOPT Resolution No. 200.7/9 accepting the Fiscal Year 2006/2007 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County.Countywide Landscape District (LL-2) Zone 75; declaring the intent to levy and collect assessments and fixing a hearing for February 27, 2007 at 9:30 a.m. to adopt the proposed annual assessments and complete public noticing, Martinez area. (Countywide Landscape District (LL-2) Zone 75 Funds) (District II) Project No. 4500-6X5244 The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Vesting Tentative Map (the "Development'). 2. On August 3, 2006, 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 Landscape District (LL-2) Zone 75. The County intends to initiate proceedings to form LL-2 Zone 75 pursuant to that request. 3. Once the Development is included into LL-2 Zone 75, 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 XHID 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 2006/2007 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 Zone 75 from the parcels within the Development, the methodology supporting the assessment, and the duration of the Assessment. PEaj G:\SpDist\Board OrderA2007\O1-09-07 BO LL-2 Zone 75 Engineer's Report(Fixing).doc I hereby certify that this 1S a true and correct copy of an action Orig.Div: Public Works(special Districts) taken and entered on the minutes of the Board of Supervisors on Contact: Warren Lai(313-2180) the date shown. cc: County Administrator Assessor , / Auditor-Controller ATTESTED: \/�"�+-y� avwz/ Conmuuuty Development JOHN CULLEN, Clerk of tI'Loard of Supervisors and Count County Comisel h y P.Edwards,Special Districts Administrator By Deputy RESOLUTION NO.2007/ f SUBJECT: ADOPT Resolutio*o. 2007/9 accepting the Fiscal YeJR006/2007 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 75; declaring the intent to levy and collect assessments and fixing a hearing for February 27, 2007 at 9:30 a.m. to adopt the proposed annual assessments and complete public noticing, Martinez area. (Countywide Landscape District (LL-2) Zone 75 Funds) (District II) Project No. 4500-6X5244 DATE: January 9, 2007 PAGE: 2 6. Based upon its review of the Engineer's Report, The Board finds that: (a) The Special Benefit financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Special Benefit will confer on each parcel. NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS: 1., The Board will conduct a public hearing (the "Hearing") on February 27, 2007 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers,651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately,provide the Public Works Department of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "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 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. RESOL UTION N0. 2007/ • � E REyORT O , PRELIMINARY ENGINEER'S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) Zone 75 - Belmont Terrace Mid Year Annexation Fiscal Year 2006-07 Prepared for. Contra Costa County Prepared by: Francisco&r Associates,Inc. 130 Market Place,Suite 160 San Ramon,CA 94583 January 9, 2007 Contra Costa Countywide Landscaping District(LL2) Zone 75 Mid Year Annexation Fiscal Year 2006-07 TABLE OF CONTENTS Page No. Contra Costa County Board of Supervisors and County Staff..................................................ii Certificates............................................................................................................................................. SECTIONI-Introduction ..................................................................................................................1 SECTION II-Impacts of Proposition 218........................................................................................2 SECTIONIII- Engineer's Report......................................................................................................3" PART A-Plans and Specifications.......................................................................................5 Table 1-Planned Improvements......................................................................5 PARTB-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 PART E-Property Owner List&z Assessment Roll......................................................14 Table 3 -Assessment Roll.....................................:...........................................14 N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -1- Francisco&Associates Contra Costa CountywipLandscapingDistrict(LL2) Zone 75Mid YeaiAnnexation Fiscal Year2006-07 BOARD&COUNTY STAFF CONTRA.COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2006-07 CONTRA COSTA COUNTY BOARD OF SUPERVISORS John M. Gioia Chair District No. l Gayle B. Uilkema Mary N. Piepho Board Member District No. 2 Board Member District No. 3 Mark DeSaulnier Federal D. Glover Board Member District No. 4 Board Member District No. 5 COUNTY STAFF Maurice Shiu Public Works Director Silvano Marchesi _John Cullen County Counsel Clerk of the Board of Supervisors Warren Lai Special Districts Francisco&Associates Assessment Engineer tes N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -11- Francisco&Assocla, Contra Costa Count "de Landsca L in District L2 Y� P g � ) Zone 75Mid Year Annexation Fiscal Year 2006-07 CERTIFICATES ENGINEER'S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2006-07 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 California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. Dated: By: Maurice Shiu Public Works 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 ,2007. John Cullen,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 ,2007. John Cullen,Clerk of the Board of Supervisors Contra Costa County,California By: N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -ill- Francisco&Associates Contra Costa Count ywrde Landsca p Ing District�LL21 SECTION I - Zone 75 Mid Year Annexation Fiscal Year 2006-07 INTRODUCTION SECTION I INTRODUCTION ENGINEER'S REPORT COUNTYWIDE LANDSCAPING DISTRICT (LL-2) MID YEAR FISCAL YEAR 2006-07 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 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 a part 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 FY2006-07,it is anticipated that Zone 75 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 1I;`Proposition 218'of this Report. Current Annual Administration 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 75, (2) an estimated build out budget for Zone 75, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within Zone 75. The Contra Costa Board of Supervisors will hold a Public Hearing, February 27, 2007,regarding the formation of Zone 75 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 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. N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc A-- Francisco &Associates Contra Costa CountyLandscaping District(LL2) SECTION II Zone 75Mid YearAnnexation Fiscal Year2006-07 PROPOSITION 218 SECTION II IMPACTS OF PROPOSITION 218 ENGINEER'S.REPORT COUNTYWIDE LANDSCAPING DISTRICT (LL-2) MID YEAR FISCAL YEAR 2006-07. 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 FY2006-07,it is anticipated that Zone 75 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 75. 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 February 27, 2007, 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 75 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:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -2- Francisco &Associates • • Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 75Mid Year Annexation Fiscal Year 2006-07 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 January 9, 2007 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 2006-07 Herein after referred to as the "Zone 75", 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 75. Plans 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 75 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. N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -3- Francisco &Associates Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 75 Mid Year Annexation Fiscal Year 2006-07 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 beassessed-upon the benefited lands within Zone 75. 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. N:\$Projects\Contra\FY06.07\Zone75\Eng Rep\z75_PER.doc -4- Francisco&Associates Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 75Mid Year Annexation Fiscal Year 2006-07 PART A PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within Zone 75, 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(not street Iighting 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 75. Lighting The lighting facilities consist of, but are not limited to: Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts 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 75. The following is a detailed description of the improvements that are planned to be operated, maintained and serviced. Table 1: Planned Improvements RIGHT OF WAY IMPROVEMENT AREAS LIMITS Pacheco Boulevard Frontage Street'A"to Street°C' Please Note: There are parks and landscaping located in the interior sections of the subdivision. However, those are currently planned to be owned and maintained by a Homeowners Association. N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -5- Francisco &r Associates Contra Costa CountywideLandscaping District(LL2) SECTION III Zone 75Mid Year Annexation Fiscal Year2006-07 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 Zone. 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 will be incurred for Fiscal Year 2006-07, therefore no money will need to be collected. 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. TABLE2 TOTALESTIMATEDC®S A�TBUILDOUT$(IN FY'2006 07DOL LARS)a " *, �_ Y4 OR� ' � �Countywide��I`an'dscap�ng Distn ub 8984) f NAZI Total Operation&Maintenance Quantity Cost/Unit Cost Pacheco Blvd Frontage 35x 700' 0.06 Acre $15,000.00/Acre $843.66 Utilities 12 Months $150.00/Month $1,800.00 Vanadlism&Incidentals $2,000.00 Subtotal $4,643.66 TOTAL ALL MAINTENANCE $4,643.66 Incidental Costs Assessment Engineering $3,000.00 Assesment Collection Fees $500.00 County Administration $7.500.00 TOTAL ALL INCIDENTALS: $11,000.00 Reserve Funds Operating Reserve Fund(50%) $7,821.83 Capital Reserve Fund(20%) $928.73 TOTAL ALL RESERVES: $8,750.56 Total Annual Estimated Cost $24,394.23 Subdivision-Landuse Total Units EDU Rate No.of EDU's Rate per EDU Assmt Revenue Lots-Courtyard 128 0.75 96.00 $24,394.23 0 0.00 0.00 $0.00 128 96.00 $254.11 $24,394.23 N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -6- Francisco CSS Assoclates Contra Costa County-wide Landscaping District(LL2) SECTION III Zone 75Mid Year Annexation Fiscal Year 2006-07 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 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 Board 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\FY06-07\Zone75\EngRep\z75_PER.doc Francisco &Associates Contra Costa Count Yw P ide Landsca ing District(LL2 SECTION III Zone 75 Mid Year Annexation Fiscal Year 2006-07 PART C PART C ASSESSMENT DISTRICT DIAGRAM The boundaries'of Zone 75 are completely within the boundaries of Contra Costa County. The Assessment Diagram for the Countywide Landscaping District (LL-2)that incorporates Zone 75 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 75 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 incorporatedby reference herein and made part of this Report. Zone 75 encompasses the entire development area for Vesting Tentative Map 8984 also known as Belmont Terrace. This area is located in the Martinez area,off of Pacheco Boulevard just west of Freeway 680 and North of Highway 4 (a vicinity map is shown below). 4 1[it 'what, . The Assessment Diagram is included on the following page. N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -8- Francisco &Associates • I i i I _ _ i _- / � � — I _ tel, _� 11 G. - - ti 'lre —_ I = i - i - � rn ;' __ hjl� �- I drf, , ' C I S1T �� 9 .� -� � ^`: \�: _ -- --� Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 75 Mid Year Annexation Fiscal Year 2006-07 PART D PART D 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 XIIIA of the California Constitution. The 1972 Act permits the designation of zones 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 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 is not . developed and used for business purposes similar to private commercial, industrial and institutional activities. N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -10- Francisco &S'Associates Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 75Mid Year Annexation Fiscal Year 2006-07 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 1937,it is stated: "...there is no lack of opinion,based 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 public 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 alongside 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 75. 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 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 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 secured 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\FY06-07\Zone75\Eng Rep\z75_PER.doc -11- Francisco &AssoclateS Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 75 Mid Year Annexation Fiscal Year 2006-07 PART D Developed Single Family 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. Developed Multiple Residential - The EDUs for land designated as developed multi-family uses which includes condominiums, mobile homes and apartments are assessed a factor of one- half(0.50) EDU per dwelling unit,e.g.,a parcel with a 100-unit apartment would be assessed 50 EDUs. Based on data from representative cities in Northern California, the multiple family . residential factor of 50% is determined by the statistical proportion of relative trip generation from various types of residential uses, in combination with density per unit. However, those parcels classified as a townhouse or duet typically have a use closer to the single family parcel, therefore these types of parcels are assessed a factor of 0.75 EDU per dwelling unit. Developed Commercial/Industrial, Recreational; Institutional, and Other Miscellaneous Uses - Developed commercial . and industrial properties include commercial, industrial, recreational, institutional or miscellaneous uses per Contra Costa County land use codes. The parcels are assessed based upon the acreage of the parcel. In converting developed commercial/industrial properties to EDUs, the. factor used was from Contra Costa County's average single family lot residential lot size. The parcels will be assessed one (1.00) EDU for the first acre or any portion thereof, one (1.00) EDU/acre for each additional acre. The minimum number of EDUs per parcel will be one (1.00) EDU. Undeveloped property is described as parcels with no improved structures. Property values increase for undeveloped parcels when public infrastructure improvements are installed and well maintained. Undeveloped Single Family/Multiple Family Residential - Parcels defined as undeveloped single family and multiple family residential parcels will be assessed at 50% of the developed single family rate or multi-family rate. Undeveloped Non-Single Family Residential - Parcels defined as undeveloped non-single family residential will be assessed at 50% of the developed commercial/industrial rate. These parcels include undeveloped multi-family residential, commercial/industrial, recreational, institutional and other miscellaneous parcels. These parcels will be assessed at 0.50 EDUs per acre or any portion thereof,with a minimum of 0.50 EDU per parcel. Exempt - Exempted from the assessment would be the areas of all public streets, public avenues,public lanes,public roads,public drives, public courts,public alleys, all easements and rights-of-ways, all public parks, cemeteries, greenbelts and parkways and all public school property,other public property,designated open space, and public utilities. N:\$Projects\Contra\FY06-07\Zone75\EngRep\z75_PER.doc 12- Francisco&Associates Contra Costa CountywideLan dscapingDistrict(LL2) SECTION III Zone 75M-id YearAnnexatlon Fiscal Year 2006-07. PART D Zone 75 (Belmont Terrace -Pacheco Area)Vesting Tentative Map 8984 It is anticipated that Zone 75 will consist of 128 courtyard homes at build out. Each of the parcels located within this zone will be assessed an equal share of the total assessment for this zone. The courtyard homes are classified as a townhome per the County Assessor and parcels are proposed to be assessed at 0.75 EDU/parcel. It is estimated that at build out of the Zone the. total amount needed to maintain the public improvements for Zone 75 on an annual basis is $24,394.23(FY2006-07 dollars). (128 courtyard units *0.75 EDU) + =96.00 EDUs $24,394.23 divided by 96.00 EDUs= $254.11/EDU Proposed Maximum Rate $254.11 per EDU Proposed FY06-07 Rate $0.00 per EDU Maximum Assessment Rate Increases The maximum assessment rate shown above is in FY 2006-07 dollars. Each year thereafter the maximum assessment rate shown above may be increased based upon an allowance for a minimum of a 2%CPI increase each fiscal year which is based upon the San Francisco Bay Area All Urban Consumers as of June 2006 (209.10). N:\$Projects\Contra\FY06-07\Zone75\Eng Rep\z75_PER.doc -13- Francisco &Associates Contra Costa Countywide Landscaping District.(LL2) SECTION III Zone 75Mid YearAnnexation Fiscal Year1006--07 PART E PART E PROPERTY OWNER LIST&ASSESSMENT ROLL A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within Zone 75 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 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 Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 161-262-022 O'Brien at Pacheco LLC 39 Courtyard Units 4.23 29.25 $8,575.19 161-262-023 O'Brien at Pacheco LLC 89 Courtyard Units 9.82 66.75 $19,569.03 96.00 $28,144.23 N:\$Projects\Contra\FY06-07\Zone75\Eng Re&75_PER.doc -14- Francisco &Associates EXHIBITB ' NOTICE OF ASSESSMENT r i CONTRA COSTA COUNTY LANDSCAPE & LIGHTING ASSESSMENT DISTRICT—Zone 75 NOTICE OF PROPOSED ASSESSMENT Attn: O'Brien at Pacheco, LLC Assessor Parcel No's.: See attached ballot 2001 Winward Way, Suite 200 San Mateo, CA 94404 FY 2006-07 Rate per EDU: $0.00 Maximum Rate per EDU: $254.11 REASON FOR THE PROPOSED ASSESSMENT Contra Costa County is proposing to form Zone 75 of the Countywide Landscape & Lighting Assessment District ("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 8984. 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, 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 County Public Works staff will determine how much it will cost to operate and maintain the above described Public Improvements within Zone 75. 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). Courtyard units are classified as a townhouse and therefore are assigned 0.75 EDUs per unit. Zone 75 will eventually be comprised of 128 courtyard units. Therefore the calculation of the equivalent dwelling units would be 128 * 0.75 EDUs = 96 EDUs. WSpDistTL-22one 75fttice.doc 1 of 3 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 PROPOSED ASSESSMENT A. Total Zone Assessment The total Fiscal Year 2006/2007 annual assessment for Zone No. 75 is $0.00. B. Individual Assessment The total Fiscal Year 2006/2007 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 75 is $254.11 per EDU. It is estimated at build out of the Zone the total amount needed to maintain the Public Improvements for Zone 75 on an annual basis is $24,394.23 (Fiscal Year 2006/2007 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 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 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 February 27, 2007. 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 February 27, 2007. INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE The County Board of Supervisors .will hold a public hearing on February 27, 2007, 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. G:\SpDist\LL-2\Zone 75\notice.doc 2of3 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 February 27, 2007. QUESTIONS REGARDING THESE PROCEEDINGS If you have any questions about the proposed assessment.or this process, please contact Patricia Edwards at (925) 313-2286 or Jennifer White, the County's Assessment Engineer at (925) 867- 3400. G:\SpDist\LL-2\Zone 75\notice.doc 3of3 VOL PROPERTYOWNERBALLO�T �� CONTRA°COSTACOUNTYLANDSCAPEBi LIGHTINGDISTRICT w BENEFIT ZONE 75 BELMONT mTEARACEk f ? ` ® Yes, I SUPPORT the formation of Benefit Zone 75 — Belmont Terrace into the Countywide Landscape & Lighting Assessment District and agree to the maximum annual assessment rate of $254.11 per Equivalent Dwelling Unit, which includes an allowance for annual increases due to the change in the Consumer Price Index increase (minimum of 2%). No, I OPPOSE the formation of Benefit Zone-75 Belmont Terrace into the Countywide Landscape & Lighting Assessment District and do not agree to the annual assessment rate of$254.11 per Equivalent Dwelling Unit. Property Owner Name(s): O'Brien at Pacheco, LLC Property Address or Description: Subdivision 8984(128 courtyard units) Assessors Parcel Number(s): 161-262-022 161-262-023 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 Public Works Department, Attention: Patricia Edwards, located at 255 Glacier Drive, Martinez, CA 94553. 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O ! >O O U OM d - N M:: M:: M M � M � Li ?::: LL rnrn of E I I'll- m ' 6ii rn rnQ rnQ O U) HEARING CONFIRMATION FORM Hearing Date: February 27, 2007 Name of Person Phoning to Request Hearing: Samantha Johnson Phone No.: 313-2170 Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff on: Januarvary 3. 2007 Agenda Language (how it will read on the calendar): HEARING to adopt Resolution No. 2007/**** considering any objections or protests to the Preliminary Engineer's Report, accepting tabulation of mail-in ballots, confirming Final Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 75, and authorizing the levy of landscape charges to operate and maintain facilities and services for Fiscal Year 2007/2008 for LL-2 Zone 75, Martinez area(District H), Project No. 4500-6X5244. Anticipated length of the hearing: 5 minutes or less X or more Is it controversial? Yes No X Noticing Requirements: Code Section 6061 Publication Requirements: one time, on February 12, 2007 Who is to Publish the Notice? COB X PWD N/A It is the responsibility of the department to provide die appropriate notice. Some notices are adopted by Board Resolution; tine 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? N/A When will this "fix hearing item" be listed on the Board agenda as a consent item'? January 9, 2007 PE:sj G:\SpDist\LL-2\7one 75\1-[erring&Publication for COB.doc e: 7.Writers.Adminisb-etion . 6 . 4 ,✓✓ "Patty Edwards" To: <eshar@cob.cccounty.us> < edwa w.cccount cc: "Joellen Waters'<wate w.cccount us>, "Samantha Johnson" t 'w us> <sjohn@pw.cccounty.us>, "Warren Lai" <wlai@pw.cccounty.us> Subject: RE: LL-2 Zone 75- Hearing Confirmation Form and Publication 01/03/2007 10:48 AM Request Oops...here you are. I guess it helps if I ACTUALLY attach it....one of those days. 1-.111.... ......... ..I...... . _ ................ ......... ....... ..... ...... _..._.. ... ..... .. ............ ...... .... .._............ From: Patty Edwards Sent: Wednesday, January 03, 2007 10:35 AM To: 'eshar@cob.cccounty.us' Cc: Joellen Waters; Samantha Johnson; Warren Lai Subject: LL-2 Zone 75 - Hearing Confirmation Form and Publication Request Hi Emy @ Attached is the corrected Hearing Confirmation Form and Publication Request for the item on the Board's January 9, 2007 Agenda for LL-2 Zone 75. Please let me know if it is (finally) okay, or if there is anything I should do. Thank you for helping me through this process O Patricia Edwards Contra Costa County Public Works Department Special Districts Section 255 Glacier Drive_, Martinez, CA 94553 (925) 313-2286 M Hearing & Publication for COB.