HomeMy WebLinkAboutMINUTES - 02262008 - SD.11 -----
- Contra��l
TO: BOARD OF SUPERVISORS --
Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
Countye�U
DATE: February 26, 2008
SUBJECT: ADOPT Resolution No. 2008/ for Subdivision 05-8938, North Richmond area. (Countywide
Landscaping and Lighting District (LL-2) Funds)(District I) Project No.: 4500-6X5244
SPECIFIC REQUES I'(S)OR RECOMMGNDATION(S)&BACKGROUND AND JUSI-IFIC'ATION
RECOMMENDED ACTION:
1. CONDUCT HEARING regarding support or opposition to assessments.
2. ADOPT Resolution No. 2008/ Ib accepting tabulation of mail-in ballots, confirmation of Final
Engineer's Report for FY2007-08 Mid Year for Subdivision 05-8938 to Countywide Landscaping and
Lighting District 1979-3 (LL-2) Zone 74, and authorizing the levy of assessments to operate .and
maintain facilities and services.
FISCAL IMPACT:
There is no impact to the County General Fund. All costs are covered with revenue from Countywide
Landscaping and Lighting District 1979-3 (LL-:2) Zone 74.
Continued on Attachment: X SIGNATURE:
✓IFECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
7, Ci'PROVE OTHER
SIGNATURE(S):
ACTION OF Br ON ��/_..� APPROVED AS RECOMMENDED VO r1ER
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. i
VO;FE OF UNANIMOUS(ABSENT �^ 1 �N�„}iC�`e� IJ(�
ATTESTED:
AYES: NOES: JOHN CULLEN,Clerk ot'tlIc Board of Supervisors and
ABSENT: ABSTAIN: County Administrator
Mab '��.g �/
(-i.'\SpDisf\Board Orders`-?008\2-26-08B0_Hearing_l..[ 2_7."onc 7405-8938 By'�+t%�tMW / UVi'
Orig:Div:Public Works(Special Districts) Deputy
Contact: Warren Lai(313-2180)
CC, County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
LAFCO
Francisco&Associates,Inc.—130 Market Place,Suite 160—San Ramon,CA 94583
SUBJECT: ADOPT Resolution No. 2008/1A for Subdivision 05-8938, North Richmond area. (Countywide
Landscaping and Lighting District (LL-2) Funds) (District I) Project No.: 4500-6X5244
DATE: February 26, 2008
PAGE: 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The developers are required as a Condition of Approval for their,development to forn-i a new Zone or annex to
one of the existing Zones of the Countywide Landscaping District 1979-3 (LL-2) for future maintenance of
public landscaping improvements which may include; median islands, border strips fronting public roads, parks,
trails and pedestrian paths. Subdivision 05-8938 is a 355 unit residential project located adjacent to the existing
Zone 74 and will contain improvements similar in nature to what already exists in Zone 74. Therefore it is
recommended that Subdivision 05-8938 be annexed.to Zone 74 rather than form a new landscaping zone of
benefit.
The Landscaping and Lighting Act of 1972 requires that an Engineer's Report be prepared when annexing
territory into an existing assessment district. The Engineer's Report describes the improvements to be operated
and maintained within each benefit zone, identifies the modified boundaries and parcels located within each
benefit zone, establishes a budget and maximum assessment rate for each parcel within each benefit zone and
lists each individual parcel's assessment. The Act also requires that a public hearing be held to determine if
there is sufficient property owner support to annex the territory into LL-2. The Engineer's Report attached as
Appendix A to this Board Order will annex the new territory/development projects into the existing benefit
zones that were formed with previous Board actions.
Proposition No. 218 requires all new assessments receive voter approval, by property owner, prior to final
approval from the Board of Supervisors. The Board Order and Resolution complies with the requirements for
new assessments under Proposition 218.
CONSF,OUENCES OF NEGATIVE ACTION:
This project will not be in compliance with the above mentioned Conditions of Approval and an alternative
means to finance public right of way landscape maintenance would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 26, 2008 by the following vote:
-77
AYES: GIOIA, UILKEMA, BONILLA, PIEPHO, &GLOVER
NOES: NONE
1 ABSENT: NONE
I ABSTAIN: NONE
RESOLUTION NO. 2008/
SUBJECT: HEARING TO ADOPT Resolution No. 2008/11�n accepting tabulation of mail-in ballots, confirmation of
Final Engineer's Report for FY2007/2008 Mid Year, Subdivision 05-8938 to Countywide Landscaping
and Lighting District 1979-3 (LL-2) Zone 74, North Richmond area. (Countywide Landscaping and
Lighting District (LL-2)Funds) (District 1) Project No.: 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS TI IAT:
1. A copy of the FY2007-08 Mid Year Final Engineer's Report 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 each parcel of
real property receiving the special benefit, the Assessment Diagram,the estimated Assessment chargeable to each
parcel; the Assessment chargeable to Zone 74 from the parcels within the Development, the methodology
supporting the assessment, and the duration of the Assessment.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On January 8, 2008, the Board of Supervisors adopted Resolution No. 2008/32 directing the filing of the Fiscal
Year 2007-08 Mid-Year Preliminary .Engineer's Report for a landscaping assessment on Subdivision 05-8938 to
be annexed into Countywide Landscaping .District (LL-2) Zone 74. As directed by the Board, the Engineer- of
Work has filed the engineer's report.
2. On January 8, 2008, the Board of Supervisors adopted Resolution No. 2008/32 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 74 for fiscal year 2007/08 and setting a public hearing for February 26, 2008.
Notice of the hearing was given in the time and manner required by law.
3. Resolution No. 2008/32 directed the Engineer of Work (Public Works Director) to mail to property owners
within Subdivision 05-8938 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.
J W:ab
G:\.SpDist\l3oard Orders\2008\2-26-08130_Ilearirtg_LL-2_Zonc 74_05-8938 1 hereby certify that this is a true and correct copy of an
Orifi;.Dept.:Public works Department(Special Districts) action taken and entered on the minutes of the Board of
Contact: Warren Lai,313-2180 Supervisorsyun the date shown.
CC: Auditor-'
Auditor-Controller
County Administrator JOHN CULLEN, Clerk of tllc l3oard ol•Supervisors and
County Counsel County Administrator
P.W.Accounting
Francisco&Associates,Inc.—130 Market Place,Suite 160—San Ramon,CA 94583 �LW
Deputy
By
Resolution No. 2008/
SUBJECT: ADOPT Resolution No. 2008/110 for Subdivision 05-8938, North Richmond area. (Countywide
Landscaping and Lighting District(LL�2) Funds) (District I)Project No.: 4500-6X5244
DATE: February.26, 2008
PAGE: 2
NOW, THEREFORE, the Board FINDS, DETERMINES and RESOLVES that:
1. A public hearing was held before this Board on February 26, 2008 at 9:30 a.m. At the hearing, the Engineer of
Work presented to the Board all ballots received from property owners within Subdivision 05-8938 (a proposed
tabulation of those ballots). 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.
2. A majority protest, as defined in section 4(e) of Article XIII D, does not exist.
3. The Board hereby confirms the Fiscal Year 2007/2008 Mid-Year Final Engineer's Report as set forth and hereby
authorizes the levy of assessments for fiscal year 2007/08 to be collected on the tax rolls.
PUBLIC WORDS DEPARTMENT
DATE: February 26, 2008
TO: Board of Supervisors
FROM: Ma i Works Director
Maurice M. Sh u, Public W
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 05-8938 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 74
1, Maurice M. Shia, Public Works Director for the County of Contra Costa, State of California, .having
canvassed the return of all votes cast in the proposed aiuiexation of Subdivision 05-8938 into Cou11tywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 74 held between January 9, 2008 and February 26, 2008
do hereby certify the following to be-a fiull, true and correct Statement of Results of all votes cast on the
following measure:
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 74
Annexation and Annual Assessment for
Subdivision 05-8938
TOTAL ASSESSMENT AMOUNT CAST "YES": �
TOTAL ASSESSMENT AMOUNT CAST"NO":
TOTAL ASSESSMENT AMOUNT CAST: 1
TIIE ASSESSMENT AMOUNT CAST"YES" EQUAL % OF THE TOTAL ASSESSMENT
AMOUNT CAST.
I further certify that the total number of ballots cast in the proposed annexation of Subdivision 05-8938 into
Countywide Landscaping and Lighting District 1979-3 (LL-2) "Lone 74 at said election was one and attached
hereto are the total ballots received for and against annexation and assessment.
G:\$pDist\Board Orders\2008\2-26-08B0_I-iearin-_LL-2 Zonc 7405-8938
PUBLIC WORKS DEPARTMENT
DATE: February 26, 2008
TO: Board of Supervisors
FROM: Maurice M. Shill, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Aimexation of Subdivision 05-8938 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 74
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 Subdivision 05-8938 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 74 held between January 9, 2008 and February 26, 2008
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 74
Annexation and Annual Assessment for
Subdivision 05-8938
TOTAL.ASSESSMENT AMOUNT CAST"YES":
TOTAL ASSESSMENT AMOUNT CAST"NO":
TOTAL ASSESSMENT AMOUNT CAST:
THE ASSESSMENT AMOUNT CAST"YES"EQUAL % OF THE TOTAL ASSESSMENT
AMOUNT CAST.
I further certify that the total number of ballots cast in the proposed armexation of Subdivision 05-8938 into
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 74 at said election was one and attached
hereto are the total ballots received for and against annexation and assessment.
GASpF)ist\13oard Orders\-)008\2-26-08130_1-learing_LI 2_Zone 74_05-8938
•
i"
FINAL
ENGINEER'S REPORT
CONTRA COSTA
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
Zone 22 - Sea Breeze &
Zone 74 - Bella Flora
Mid Year Fiscal Year 2007-08
IA�1� _ r+���•�l 5)
Prepared fur: .
Contra Costa County
Prepared by
Francisco&z Associates,Inc.
1.30 Market Place, Suite 160
San.Ramon,CA 94583
February 26, 2008
Contra Costa Countywide Landscaping District(I-L2)
Zone 22&t 74 Mid Year Fiscal Year 2007-08 TABLE OF CONTENT'S
Page No.
Contra Costa County Board.of.Supervisors and County Staff..................................................ii
Certificates.............................................................................................................................................iii
SECTIONI- Introd.uction ....................................................................................................................l
SECTION II- Impacts of Proposition 218........................................................................................2
SECTIONIII -Engineer's Report......................................................................................................3
PART A- Plans and Specifications......................................................................................5
Table 1— Planned Improvements (Zone 22)..................................................5
Table 2— Planned improvements (Zone 74)..................................................6
PART13- Estimate of Cost.....................................................................................................7
Table 3—Total Estimated Cost at Build out (Zone 22)..............................8
Table 4—Total Estimated Cost at Build out (Zone 74)..............................8
PARTC -Assessment Diagram............................................................................................9
PART D- Method of Apportionment of Assessment...................................................12
PART E- Property Owner List& Assessment Roll......................................................16
Table 5-Assessment Roll(Zone 22).............................................................16
Table 6-Assessment Roll(Zone 74).............................................................16,
22&74+ FER.a„c Francisco&Associates
Contra Costa Countywide LanclscapingDistrict(LL2)
Zone 22 crSL'74 Mid Year Fiscal Year 2007-08 BOARD&COUNTY STAFF
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
Federal D. Glover
Chair
District No. 5
John M.Gioia Gayle 13. Uilkema
Board Member District No. .I Hoard Member District No. 2
Mary N. Piepho Susan Bonilla
Board.Member District No. 3 Board Member District No. 4
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
z »&;4 -1-a.doc -ii- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone 22 x'74 Mid Year.Fiscal Year2007-08 CERTIFICATES
ENGINEER'S REPORT
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(I_L-2)
MID YEAR FISCAL YEAR 2007-08
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 t111D,. 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:
Warren Lai
Senior Engineer
RCE No. 0617.37,Expiration June .30,2009
1 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 2008.
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 2008.
John Cullen,Clerk of the
Board of Supervisors
Contra Costa County,California .
By:
22o--741-I-R.doc Francesco c�z Associates
Contra Costa Countpvide Landscaping District(1,L.2) SECTION I
Zone 22&74 Mid Year Fiscal Year 2007-08 INTRODUCTION
SECTION I
INTRODUCTION
ENGINEER'S REPORT
COUNTYWIDE LANDSCAPING DISTRICT(I_I.-2)
MID YEAR FISCAL YEAR 2007-08
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 (11-2) or"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 cormnere ial/ind.ustrial 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 FY2007-08, it is anticipated that additional territory will be annexed into Zones
22 and 74. These annexations will need property owner approval prior to final approval from
the Board of Supervisors. This process is discussed in Section 11; `Proposition 218'of.this Report.
Current Annu,d 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 Zones 22 &74, (2)
an estimated build out budget for Zones 22 & 74, and (3) a listing of the proposed maximum
assessments to be levied upon each assessable lot or parcel within Zones 22 &74.
The Contra Costa Board of. Supervisors will hold a Public Hearing, February 26, 2008,regarding
the annexation of additional territory into Zones 22 and 74. This hearing 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 rates as originally proposed or as
modified within Zones 22 and 74.
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 will be placed in a special fund and used for the purposes stated within this Report.
22cr74H1:R.doc -i- Francisco&Associates
Contra Costa CotintywideLandsc�gpingDistrict(I_T2) SECTION Il
Zone 22&74 Mid Year Fiscal Year 2007-08 PROPOSITION 218
SECTION 11
IMPACTS OF PROPOSI"T"ION 218
ENGINEER'S REPORT
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08
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 2.18.
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 FY2007-08, it is.anticipated that additional territory will be annexed into Zones
22 and 74. in order to comply with the requirements of Proposition 218, the County will
implement the following procedures:
l) Every property owner within the area being annexed will be mailed a ballot,
which will allow the property owner to cast their vote on whether to be annexed
into Zone 22 or 74. 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 (-fearing on February 26,2008, the ballots,which are
returned within 45 days after mailing, will be tabulated to determine whether or
not a majority protest against the proposed assessment exists for the annexation
of additional territory into Zone 22 or 74.
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.
Z 22&74 FER.doc -2- Francisco&Associates
Contra Costa Countywide LandscapingDistrict(LL_2) SECTION III
Zone 22 crSL'74 Mid Year Fiscrd Year 2007-08 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 Resolutions'No. 2008/3.1 and 2008/32,
adopted January 8, 2008 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 2007-08
Herein after referred to as "Zones 22 est 74", I, Warren Lai, 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 Zones 22 & 74. 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 Zones 22&74 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 snaps 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.
Z 22&74 FE .doc -3- Francisco&Associates
Contra Costa County-wicleLandscgpingDistrict(LL2) SECTION III
Zone 22&74 Mid.Year Fisc it Year 2007-08 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 Zones 22 & 74. The
Assessment Roll is filed in the.Office of the County Cleric 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.
2x.74+ r-La.a„c -4- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007-08 PART A
PART A
PLANS AND SPECIFICATIONS
The facilities, which have been constructed within Zones 22 &z 74, and those which may be
subsequently constructed, will be operated, maintained and serviced as generally described as
follows:
The consti-tiction,operation,maintenance and servicing of landscaping,irrigation,lighting(trot street
lighting except in special cases),parr and recreational facilities,and appurtenant facilities irrchiding
but not limited to;personnel,electrical energy,utilities such as water,materials,contractual services,
and other items necessary for the operation of these services and facilities 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 Zones 22 &z 74.
Specialtv Lip-htini
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.Zones 22&74.
The following Tables 1 &z 2 below show a detailed description of the improvements that are
planned to be operated, maintained and serviced.
Table 1: Zone 22(Seabreeze-Bav Point Area) Subdivisions 7152&t 8330
Landscaping,irrigation and related improvements located along:
• Evora Road;
• The perimeter of Seabreeze subdivision;
• Open space areas (Parcel A);and
• A portion of the Ray Point median islands.
z 22&74 F[R.doc 5- Francisco&Associates
Contra Costa Countywide Landscaping District(L.L2) SECTION I I I
Zone 22 F¢'74 Mid Year Fisrd Year 2007-08 PART A
Table 2: Zone 74 (Bella Flora-Richmond Area) Tract 8755 est 8938*
Landscaping, irrigation and related improvements located within the public right-of-way
along:
• Martin Drive,west and east side frontage;
• Ellison Lane,north.and south side frontage;
• Gertrude Avenue,north side frontage;and
• Public Park located at intersection of Malcolm Drive and Spears Circle.
• Landscaping along the south side of Pittsburg Avenue;
• A portion of the Pittsburg Avenue median islands;
• Landscaping along the east side of Richmond Parkway;and.pedestrian traits.
`Please Note: There are parks and landscaping located in the interior of Subdivision 89.38
which are planned to be owned and maintained by a I lomeowners Association and.therefore not
the responsibility of LL2.
i
22&74 Fl-R.doc - Francisco&Associates
Contra Costa Countywide I_andscapingDistrlct(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007-08 PART B
PART B
ESTIMA"T"E 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 territory being annexed into Zones 22 and 74 they are not anticipated to have any
expenditures incurred for Fiscal Year. 2007-08, therefore no money will need. to be collected.
Table 3 &z 4 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 No. .3- Zone 22-Subdivisions 7152&83.30
TOTAL ESTIMATED COST AT BUILD OUT(IN FY 2007-08 DOLLARS)
Contra Costa Countywide Landscaping District(LL-2) -Annexation to Zone 22
Seabreeze-Subdivision 7152&r Annexing 8330
Total
Improvements Quantity Cost/Unit Cost
Landscaping 1.00 Acre $19,000.00/Acre $19,000.00
Landscaping-kiLdians 0.08 Acre $19,000.00/Acre $1,500.00
TOTAL..ALL MAINTENANCE: $20,500.00
Incidental Costs
Assessment Engineering $2,11011.00
County Collection Fees $4011.00
County Administrative Fees $3,946.00
TOTAL.AIJ.INCIDENTALS: $6,346.00
Reserve Funds
Olxrating Rescrvc Fund(.500,46) $13,423.00
Capital Reserve FUnd(211%) $4,100.00
100.00
TOTAL_Ai_l.RESERVES: $17,523.00
Total Estimated Costs(with Reserves Collected) $44,369.00
Total Estimated Costs(without Reserves Collected) $26,846.00
Maximum Rate
Land Use No.of EDU No.of Rate per Assmt.
Type Parcels Rate EDUs EDU Revenue
annex-SFR 1.36 1.00 136.00 $290.00 $39,440.00
existing-SFR 17 1.00 17_00 $290.00 $4,930.00
153 15.3.00 $44,370.00
22&74 rr:R.doc -7- Francisco&Associates
Contra Costa Countywide Landscaping District(I-T_2) SECTION III
Zone 22&r 74 Mid Year Fiscal.Year 2007-08 PART B
Table No.4-Zone 74-Subdivisions 8755&8938
TOTAL ESTIMATED COST AT BUILD OUT(IN FY 2007-08 DOLLARS)
Contra Costa Countywide Landscaping District(LL-2)-Annexation to Zone 74
Bella Flora-Subdivision 8755&i Annexing 8938
Total
hnnrovements(subd 8938)*-to be amicxcd Quantity Cost/Unit Cost
Landscaping-S Side Pittsburg Ave 0.27 Acre 519,000.01/Acre $5,216.71
Landscaping-S Side Pitish.trg Ave 0'6 Acre $19,000.00/Acre $4,935.81
Landscaping-S Side Pittsburg Ave 038 Acre $19,0110.00.Acre $7,243.20
Landscaping-Pittsburg Medians 0.29 Acrc $19,000.00/Acre $5,434.80
Landscaping-E Side Richmond Parkway 1.10Acre '19,000.00/Acre `320,936.64
Landscaping-Pedestrian-I rails 0.50 Acre $19,0011.00/Ac•re $9,500.00
Vandalism&r Incide''ntal.s 525,41.5.110
Improvements(subd 8755)-existine Quantity Cost/Unit Cost
Gertrude Avenue Frontage 0.25 Acre $15,000.00/Acre 5.3750.00
Ellison Lane Frontage T.N.Side,TS.Side 0.18 Acre $15,000.00/Acre 32,754.82
Martin Drive Frontage 15'F Side,T INV.Side 0.69 Acre 51.5,0011.00/Acre $10.33058
Public Park @ Malcohn Drive fi Spears Circle 0.33 Acre $15,000.00%Acre $4,877.07
Utilities 12\lonths $6011.00/'Month $7,200.00
Vandalism&;Incidentals $17,966.97
TOTAL.ALL MAINTENANCE: $12.5,.561.61
Incidental Costs
Assessment Engineering $7,000.00
County Collection Eves $l,000.tlo
County Administrative Fees $23J97.010
TOTAL AI.I.INCIDENTALS: $31,197.00
Reserve Funds
Operating Reserve Fund(50116) $78,37930
Capital Reserve Fund(2016) 525.112.32
'CO"FAL ALL RESERVES: $103,491.63
I Total Estimated Costs(with Reserves Collected) $260,250.23
Total Estimated Costs(without Reserves Collected) $1.56,758.61
Maximum Rate
Land Use No.of EDU No.of. Rate per Assmt.
I ype Parcels Rate 17DUs EDU Revenue
annex Silt 95 1.00 95.00 $562.10 $53,399.118
annex Townhomes 120 0.75 90.00 $562.10 $50,588.60
annex Condominiums 1.10 0.75 105.011 $562.10 $59,020.0.3
existing SFR 173 1.00 173.00 $562.10 597.242.53
528 463.00 $260,2.50.23
*For Subdivision 8938,these improvements only include those in the Public Right of Way,all on-site
improvements will be maintained through a Homeowners Association.
CPI
Info.
Date Actual CPI Increase Rate
Jun06209.10 $.5.50.00
Feb-07 213.70 2.20% $562.10
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 I at the end of the fiscal
year must be carried over to the next fiscal year.
Z 22&74 F R.doc 8 Francisco&Associates
Contra Costa CountytivideLandscaping District(LL2) SECTION III
Zone 22&r 74 Mid Year Fiscal Year 2007-08 PART C
PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of Zones 22 & 74 are completely within the boundaries of Contra Costa
County. The Assessment Diagram for. the Countywide Landscaping District (I.-T.-2) that
incorporates Zones 22 &r 74 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 Zones 22 &Y 74 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 22 encompasses the entire development area located within Subdivisions 7152 & 8.3.30 and
Zone 47 encompasses the entire development area located within Subdivisions 8755 &89.38.
These areas are located in the Martinez area,off of Pacheco Boulevard just west of Freeway 680
and North of Highway 4 (vicinity maps are shown below).
I
PARK BLVD_-""
..
.:......:..
PORT CHICAGO.WY-:+.....
=;��,SP .
BROOKSIDE_DR
� LLI I
❑ I,.... SITE
... F. PA .- --
- ..,.. ._. i—-Pu rs
i
LL F
❑ -- _ _- I-PACIFIC AVE_
I
tillI
SITE aARKT TAVE.___
IESLEY AVE .--
_GERLRUDE AVE-1 I
VICINITY MAI'ZONE 22 VICINITY MAP ZONE 74A
The Assessment Diagrams for Zones 22&r 74 are included.on the following pages.
Z 22&74 FER.doc -9- Francisco&Associates
LL-0 W
o�
•
.......�, NWNQ
NW
wWF-
Wiz
zmo
owm
U)>-
LLJ
CK
a 0�
3
U �
J C'()
Q
� z<
qDm
Q OW
Q 3
U a o
O ..
7'ry
W (.f)m o
> o�
cn U Qra
U )
LLJ U) �M
V) �m
azo
O W
U U
W oaa A
U)
o rlo�,'• $
W �
a
C
r
Lza
Z o
--- XG. "
Z
LL.
QO
w
Of
i 0 -mO
N
of
Oo
cn
I
I
l�
�o
Q
� z0
p0�
m v►�
I-- Q MARKET AVE.
Z �--0
LLJ Un W
SOU
UU5;
wQW
U Ur Un o Al
U Z
QiL
O v SPEARS CIR. ::z
� o
U SILVER AVE. o
LO B
LO HENRY CLARK LN.
U o
Q � Lucr LN.
REID LN. z
s
EWSON LN.
I
fl MARCUS AVE.
r � I
102
Z
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&r 74 Mid Year Fiscal Year 2007-08 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 2257.3 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 amoturt to be assessed upon lands within an' assessment district may be
apportioned by any fornuda 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 Stich
lot orparcel from the improvemcnts."
"The determination of whether-or riot ct lot or parcel will benefit from the iinprovements
shall be made ptirsuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000))fof 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. 22.574). 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.
Z22&74_Fra.doc - 12- Francisco&Associates
Contra Costa Countpvide Landscaping District(LL2) SECTION III
Zone 22 crsZ.'74 Mid Year Fiscal Year 2007-08 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 f ohn Nolan and Henry V. Hubbard in 1937,it is stated:
u...there is rlo lack of opittiori,bused on gerncral prituipals and erpericnce acrd coinmotr sense,that
parkways do in fact cold valuc to property, even though the amount cannot be determined
exactly. indeed, iri tnost cases where public rrnoncy has beers spent for parkways the assumption
has been defitritcly 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 itr real estate vahres
throughout the City,or in parts of the City,..."
It should.be noted that the definition of "parkways" above may include the roadway as well as
the landscaping along side the roadway.
Proper maintenance and operation of the street landscaping along major thoroughfares, medians
and. parkways provides beautification and. enhancement of the surroundings. These landscape
improvements benefit all parcels within Zones 22 & 74. 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.
Z 22 7a Fr_a.doc - 13- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22 Fu'74 Mid.Year Fiscal Year 2007-08 PART D
Developed Single Familv 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 mobile homes and apartments are assessed a factor of one-half(0.50) FDU
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
5011/o 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
condominiums, 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 Familv Residential - Parcels defined as undeveloped
single family and multiple family residential parcels will be assessed. at 509/o of the developed
single family rate or multi-family rate.
Undeveloped Non-Single Familv 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 050 EDUs per
acre or any portion thereof,with a minimum of 0.5.0 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.
Z 22k74 FFR.doc -14- Francisco&Associates
Contra Costa Countywicle Landscaping District(LL2) SECTION III
Zone 22 E¢'74 Mid Year Fiscal Year 2007-08 PART D
• Zone 22(Seabreeze—Bav Point Area) Subdivisions 71.52 &r 8330
Formed: August 1.3,1991 (Subd. 7152)
1.36 Parcels
Proposed Annexation: January 8,2008 (Subd. 8330)
17 Parcels
Each of the parcels located within this zone will be assessed an equal share of the total
assessment. Single family parcels are assessed at 1.00 EDU/parcel.
FY2007-08 Rate: $290.00 per EDU (Subd. 7152)
FY2007-08 Rate: $0.00 per EDU (Subd. 8.330)
• Zone 74 (Bella Flora—Richmond Area) Subdivisions 8755 &7 8938
Formed: June 12,2006 (Resolution 2006/.370)
173 single family parcels at build out
Proposed Annexation: January 8, 2008 (Subd. 8938)
355 Parcels
Each of the parcels within this zone will be assessed an equal share of the total assessment
for this zone. Single family parcels are assessed at 1.00 EDU/parcel, condominiums and
townhomes are assessed 0.75 EDU/unit. It is estimated that at build out of the zone the
total amount needed to maintain the public improvements for Zone 74 on an annual basis is
$260,250 (FY2007-08 dollars).
(.173 single family units * 1.00 EDU) + (95 single family units * 1.00 EDU) + (.120 townhome
units* 0.75 EDU) + (140 condominium units* 0.75 EDU)=463.00 EDUs
$260,250 divided by 463.00 EDUs= $562.10/EDU
l'he maximum assessment rate was set at $550.00 per EDU with an allowance for a
minimum of a 211/0 CPI increase each fiscal year which is based upon the San Francisco Bay
Area All Urban Consumers as of.june, 2006 (209.1). The February 2007 CPT Index is 213.7,
therefore the maximum rate for FY2007-08 is $562.10 per EDU.
Maximum Rate: $562.10 per EDU
FY2007-08 Rate: $400.00 per EDU(Subd 8755)
FY2007-08 Rate: $0.00 per EDU(Subd 8938)
z »&7a FER.doc -15- Francisco &Associates
I
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007--08 PART E
PARTE
PROPERTY OWNER LIST est ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or
parcel within the territory to be annexed into Zones 22 & 74 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 5 &6 below.
Table 5: Assessment Roll Zone 22 (Proposed Annexation Area)
Assessor's Maximum
Parcel Estimated Ultimate Estimated Assessment
Number Owner Land Use Acres EDUs Amount
098-210-0.30 Meadow Creek Group LLC 17 Single Family Parcels 5_.39 17.00 $4_9.30.00
l l I Totall i 17.001 $4,930.00
Table 6: Assessment Roll Zone 74 (Proposed Annexation Area)
Assessor's Maximum
Parcel I Estimated Ultimate Land Estimated Assessment
Number Owner Use. Acres EDUs Amount
408-170-072 Signature cL Veranda LLC 195 Single Family Parcels& 14.03 95.00 $53,399.50
408-180-010 Signature @ Veranda LLC 120 Townhome Parcels& 15.51 90.00 $50,589.00
1140 Condominium Parcels 107.00 $59,020.50
020.50
_..............._. I I ----Total 29.541 290.001 $163,009.00
z 2X 74 FF2.doc -16 Francisco&Associates
�--2). 14
CONTRA COSTA COUNTY
PUBLIC WORKS
DEPARTMENT
255 Glacier Drive,
Martinez,CA 94553
NOTICE OF A
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
that the Board of Supervi-
sors of Contra Costa
County will meet in the
Board Chambers, Room
107, at G51 Pine Street,
Martinez, California, to
hold a public hearing on
February 26,•2008 at 9:30
a.m., to consider com-
ments of any interested
person, either written or
oral..to the Mid-Year An-
nexation Preliminary En-
FiscalrYear 2007's Reort%2008 Zone and '.
consider levying an as-
sessment for parcels to
be included and certify
the tabulation of the bal-
lots
lots submitted for the
proposed assessment, N.
Richmond area.
ATTESTED: JANUARY O8,
2008
By EMY L.SHARP,Deputy
PUBLICATION DATES:
FEBRUARY 15,2008
Legal CCT 2650123
Publish February 15,2008
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested.in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa-Times,
a newspaper of general circulation, printed and published
at 2640 Shadelands Drive in the City of Walnut Creek,
County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of June
26, 1952. Case Number 55193.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
February..15
all in the year of 2008
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On this 19 day of ebruary, 2008
........................ .......................................................
Signature ,
Contra Costa Times
P O Box 4147
Walnut Creek, CA 94596
(925) 935-2525
Proof of Publication of:
(attached is a copy of the legal advertisement that
published)