HomeMy WebLinkAboutMINUTES - 01162007 - SD.8 h ,
Contra
TO: BOARD OF SUPERVISORS. ' 5 CQSta
7a- � `,
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ;•, "t ;�°
County
ST'S COUIi't�
DATE: February 27, 2007 S 11 d
J/ d
SUBJECT: HEARING to ADOPT Resolution No. 2007/ accepting tabulation of mail-in ballots,
confirming the Fiscal Year 2006/2007 Mid-Year Annexation Final Engineer's Report and
authorizing the levy of landscape charges to operate and maintain facilities and services for
Contra Costa County Countywide Landscape District (LL-2) Zone 75, Subdivision 8984,
Martinez area. (County Service Area LL-2 Funds) (District II) Project No. 0651-6L0072
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
HEARING TO ADOPT Resolution No. 2007/ 84 accepting tabulation of mail-in ballots, confirming the
attached Fiscal Year 2006/2007 Mid-Year Annexation Final Engineer's Report and authorizing the levy of
landscape charges to operate and maintain facilities and services for a landscaping assessment for parcels in
Vesting Tentative Map 8984.
FISCAL IMPACT:
There is no impact to the County General Fund. All costs will be covered with revenue from Countywide
Landscaping District 1979-3 (LL-2) Zone 75. Upon acceptance of the improvements, all costs to maintain and
update the landscaping will be covered with revenue from Countywide Landscape District (LL-2) Zone 75.
Until acceptance of the improvements, the developer will be responsible for the maintenance of the landscaping.
Continued on Attachment:X SIGNATURE: ��
4_
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
r
SIGNATURE(S)-
ACTION
IGNATURE S -ACTION OF BO ON o2 �'� Q? APPROVED AS RECOMMENDED_O ER
The Chair o e ed the public hearing; there were no public speakers. The Chair
VOTE OF SUPE MORS closed the public hearing.
UNANIMOUS(ABSENT`'1VL6W_,) )
AYES: NOES:
ABSENT: ABSTAIN:
PE:sj
G:\SpDist\Board Orders\2007\02-27-07 BO(Hearing)LL-2.doc I hereby certify that this is a true and correct copy of an
Orig.Div:Public Works(Special Districts) action taken and entered on the minutes of the Board of
Contact: Warren Lai(313-2180) Supervisors on the date shown.
cc: County Administrator
Assessor ry 7
Auditor-Controller ATTESTED:r J)ruaru `. 200,
Community Development
County Counsel JOHN CULLEN,Clerk of the-Bard of upervisors and
L.Sucgang,Engineering Services County Administrator
P.Edwards,Special Districts
By
Deput
SUBJECT: HEARING to ADOPT Resolution No. 2007/8 accepting tabulation of mail-in ballots,
confirming the Fiscal Year 2006/2007 Mid-Year Annexation Final Engineer's Report and
authorizing the levy of landscape charges to operate and maintain facilities and services for
Contra Costa County Countywide Landscape District (LL-2) Zone 75, Subdivision. 8984,
Martinez area. (District II). Project No. 0651-61,0072
DATE: February 27, 2007
PAGE: 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The developer is required by Conditions of Approval to form Contra Costa County Countywide Landscaping
District (LL-2) Zone 75, for future maintenance of the 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 comply with the requirements for new assessments under
Proposition 218.
CONSEQUENCES OF NEGATIVE ACTION:
Without Board of Supervisors' approval, this project will not be in compliance with the project conditions of
approval and an alternative means to finance public right of way landscape maintenance would have to be
identified.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 27, 2007 by the following vote:
AYES: GIOIA, UILKEMA, BONILLA, GLOVER, & PIEPHO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
i
RESOLUTION NO. 2007/84-
SUBJECT: ADOPT Resolution No. 2007/ accepting tabulation of mail-in ballots, confirming the Fiscal
Year 2006/2007 Mid-Year Annexation Final Engineer's Report and authorizing the levy of
landscape charges to operate and maintain facilities and services for Contra Costa County
Countywide Landscape District (LL-2) Zone 75, Subdivision 8984, Martinez area. (District H).
Project No. 0651-6L0072.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. A copy of the Fiscal Year 2006/2007 Mid-Year Annexation Final Engineer's Report for confirming 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 and Assessment Roll.
2. 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, and
(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.
PE:sj
G:\SpDist\Board Orders\2007\02-27-07 BO(Hearing)LL-2.doc I hereby certify that this is a true and correct copy of an
Orig.Div:Public Works(Special Districts) action taken and entered on the minutes of the Board of
Contact: Warren Lai(313-2180) Supervisors on the date shown.
cc: County Administrator
Assessor ATTESTED: F" 2.1, 2-M7
Auditor-Controller
Community Development
County Counsel JOHN CULLEN,Clerk of the Board of Supervisors and
L.Sucgang,Engineering Services County Administrator
P.Edwards,Special Districts .
BY ,
RESOLUTION NO. 2007/Q
SUBJECT: ADOPT Resolution No. 2007/8 ' accepting tabulation of mail-in ballots, confirming the Fiscal
Year 2006/2007 Mid-Year Annexation Final Engineer's Report and authorizing the levy of
landscape charges to operate and maintain facilities and services for Contra Costa County
Countywide Landscape District (LL-2) Zone 75, Subdivision 8984, Martinez area. (District II)
Project No. 0651-61,0072
DATE: February 27, 2007
PAGE: 2
The Board of Supervisors of Contra Costa County RESOLVED:
1. On January 9, 2007, the Board of Supervisors adopted Resolution No. 2007/09 directing the filing of
the Fiscal Year 2006/2007 Mid-Year Annexation Preliminary Engineer's Report for a landscaping
assessment on Vesting Tentative Map 8984 to form Countywide Landscaping District (LL-2) Zone 75.
As directed by the Board, the Engineer of Work (Public Works Director) has filed the Engineer's
Report.
2. On January 9, 2007, the Board of Supervisors adopted Resolution No. 2007/09 declaring the Board's
intention to levy and collect landscape charges to operate and maintain facilities and services within
Countywide Landscaping District (LL-2) Zone 75 for Fiscal Year 2006/2007 and setting a public
hearing for February 27, 2007. Notice of hearing was given in the time and manner required by law.
3. Resolution 2007/09 directed the Engineer of Work to mail to property owners within Zone 75 the
notices and ballots required by Section 4 of Article XIII D of the California Constitution (Proposition
218).
4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be
tabulated.
NOW, THEREFORE the Board FINDS, DETERMINES AND RESOLVES that:
5. A public hearing was held before this Board on February 27, 2007 at 9:30 a.m. At the hearing, the
Engineer of Work presented to the Board all ballots received from property owners within Zone 75.
The Board heard and considered all protests against the proposed assessments and tabulated the
returned ballots according to the proportional financial obligation of the affected properties. The Board
also afforded to every interested person an opportunity to make a protest to the Engineer's Report,
either in writing or orally, and the Board considered each protest.
6. A majority protest, as defined in section 4(e) of Article X111 D, does not exist.
7. The Board hereby confirms the diagram and assessment as set forth in the Fiscal Year 2005-06 Mid-
Year Annexation Final Engineer's Report and hereby authorizes the levy of assessments for Fiscal Year
2006/2007 to be collected on the tax rolls.
EXHIBIT A
FINAL ENGINEER'S REPORT
f
v .
FINAL
ENGINEER'S REPORT
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
Zone 75 - Belmont Terrace
Mid Year Annexation
Fiscal Year 2006-07
Prepared or:
Contra Costa County
Prepared by:
Francisco&t Associates,Inc.
130 Market Place,Suite 160
San Ramon,CA 94583
February 27, 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................................................................................................................................................ui
SECTIONI-Introduction .....................................................................................................................1
SECTION II-Impacts of Proposition 218.........................................................................................2
SECTION III-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
PARTC -Assessment Diagram..............................................................................................8
PART D-Method of Apportionment of Assessment.................................................... 10
PART E-Property Owner List&r Assessment Roll.......................................................14
Table 3-Assessment Roll..................................................................................14
N:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -1- Francisco &Associates
Contra Costa Countywide Landscaping District (LL2)
Zone 75 Mid Year Annexation Fiscal Year 2006-07 BOARD & COUNTY STAFF
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
MID YEAR FISCAL YEAR 2006-07
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
Mary N. Piepho
Chair
District No. 3
John M. Gioia Gayle B. Uilkema
Board Member District No. 1 Board Member District No. 2
Susan Bonilla Federal D. Glover
Board Member District No. 4 Board Member District No. S
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
CADocuments and Settings\pedwards\Local Settings\Temporary Internet Files\OLK4E6\z75_FER(rev)_page.doc ii - Fra
Contra Costa Countywide Landscaping District(LL2)
Zone 75 Mid 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-611 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 confir ed by the Board of
Supervisors of Contra Costa County,California,on the (2,l day of�,2007.
John Cullen,Clerk of the
Board of Supervisors
Contra Costa County,California
By: V '
NAContra\FY06-07\Zone75\Eng Rep\z75_FEk.doc iii- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) 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 II;`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.
NAContra\FY06-O7\Zone75\Eng Rep\z75_FER.doc -1- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION II
Zone 75 Mid Year Annexation Fiscal Year 2006-07 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.
NAContra\FY06-07\Zone75\Eng Rep\z75_FER.doc -2- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid 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.
NAContra\FY06-07\Zone75\Eng Rep\z75_FER.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 be assessed 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:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -4- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid 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
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 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.
NAContra\FY06-07\Zone75\Eng Rep\z75_FER.doc -5- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation Fiscal Year 2006-07 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.
TABLE,2,TOTAL ESTIMATED COST AT BUILDOUT(IN FY2006-07 DOLLARS)
Countywide Landscaping District(LL-2)-Zone 75
IN
°Belmont Teizace(Sub 8984)
Total
Operation&Maintenance Quantity Cost/Unit Cost
Pacheco Blvd Frontage 3.5'x 700' 0.06 Acre $15,000.00/Acre $843.66
Utilities 12 Months $150.00/Month $1,800.00
Vanadlism Est 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 220-000
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:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -6- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid 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:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -7 Francisco &Associates
Contra Costa Countywide Landscaping 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 incorporated by 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).
�f p}tfJ1T 4
The Assessment Diagram is included on the following page.
N:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -8- Francisco &Associates
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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.
NAContra\FY06-07\Zone75\Eng Rep\z75_FER.doc -10- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid 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 lath 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 inparts 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 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.
NAContra\FY06-07\Zone75\Eng Rep\z75_FER.doc -11- Francisco &Associates
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:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -12- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation 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:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -13- Francisco CSZAssoclates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation Fiscal Year 2006-07 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:\Contra\FY06-07\Zone75\Eng Rep\z75_FER.doc -14, Francisco &Associates
PUBLIC WORKS DEPARTMENT
DATE: February 27, 2007
TO: B and of Supervisors
FROM: rice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Vesting Tentative Map
8984, into Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 75
I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California,
having canvassed the return of all votes cast in the proposed annexation of Vesting Tentative
Map 8984 into Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 75 held
between January 9, 2007 and February 27, 2007 do hereby certify the following to be a full, true
and correct Statement of Results of all votes cast on the following measure:
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 75
Annexation and Annual Assessment for
Vesting Tentative Map 8984
TOTAL ASSESSMENT AMOUNT CAST"YES":
TOTAL ASSESSMENT AMOUNT CAST"NO":
TOTAL ASSESSMENT AMOUNT CAST:_
THE ASSESSMENT AMOUNT CAST "YES" EQUAL Q v % OF THE TOTAL
ASSESSMENT AMOUNT CAST.
I further certify that the total number of ballots cast in the proposed annexation of Vesting
Tentative Map 8984 into Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 75
at said election was one and attached hereto are the total ballots received for and against
annexation and assessment.