HomeMy WebLinkAboutMINUTES - 02262008 - SD.12 C' T . BOARD OF SUPERVISORS - -='�
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Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
�os,A-�e�K� County
DATE: February 26, 2008
SUBJECT: ADOPT Resolution No. 2008/ for Subdivision 04-8830, Bay Point area. (Countywide
Landscaping and Lighting District (LL-2) Funds) (District V) Project No.: 4500-6X5244
SPECIFIC RGQUFST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA"TION
RECOMMENDED ACTION:
1. CONDUCT HEARING regarding support or opposition to assessments.
2. ADOPT Resolution No. 2008/ 117 accepting tabulation of mail-in ballots, confirmation of Final
Engineer's Report for FY2007-08 Mid Year for Subdivision 04-8830 to Countywide Landscaping and
Lighting District 1979-3 (LL-2) Zone 22, 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 22.
Continued on Attachment:X SIGNATURE:
00�4
RECOMMENDATION OF COUNTY ADMINISTRATOR V
RECOMMENDATION OF BOARD COMMITTEE
_
PROVE OTHER
S I G N A T U R E(S
ACTION OF 1100P ON _ . APPROVED AS RECOMMENDED -V/0
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.
VOT O
UNANIMOUS(ABSENT 1 ATTESTEDCArMrU
AYES: NOES:
JOHN CULLEN,Clerk of the-board of Supervisors and
ABSENT: ABSTAIN: County Administrator
J W:ab �
G:\SpDist\Board Ord ers\?008\2-2G-08Bp_Hearing_I.L-2_Zonc 22_04-8830.doc By
Orig.Div:Public Works(Special Districts) Deputy .,
Contact: Warren Lai(313-2180)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
Francisco&Associates,Inc.—130 Market Place,Suite 160 San Ramon,CA 94583
SUBJECT: ADOPT Resolution No. 2008/ for Subdivision 04-8830, Bay Point area. (Countywide
Lighting and Landscaping (LL-2) District Funds) (District V) 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 form 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 04-8830 is a 17 unit residential project located adjacent to the existing
Zone 22 and will contain improvements similar in nature to what already exists in Zone 22. Therefore it is
recommended that Subdivision 04-8830-be annexed to Zone 22 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.
CONSEOUENCES 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:
N
AYES: GIOIA, UILKEMA, BONILLA, PIEPHO, &GLOVER
NOES: NONE
j ABSENT: NONE
ABSTAIN: NONE
_—_ _-----..-_-. ----------- ---.__-. RESOLUTION NO. 2008/ U7
SUBJECT: HEARING TO ADOPT Resolution No. 2008/it7 accepting tabulation of mail-in ballots, confirmation
of Final Engineer's Report for FY2007/2008 Mid Year, Subdivision 04-8830 to Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 22, Bay Point area. (Countywide Landscaping
and Lighting(LL-2)District Funds) (District V) Project No.: 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS THAT:
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 22 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. 2008/31 directing the filing of the Fiscal
Year 2007-08 Mid-Year Preliminary Engineer's Report for a landscaping assessment on Subdivision 04-8830 to
be annexed into Countywide Landscaping District (LL-2) Zone 22. 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. 2008/31 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 22 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. 2008/31 directed the Engineer of Work (Public Works Director) to snail to property owners
within Subdivision 04-8830 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.
JW:ab
G:\SpDist\Board Ord ers\2008\2-26-08130 Hearing_LL-2_Zone 22_04-8830.doe I hereby certify that this is a true and correct copy of an
Orig.Dept.:Public Works Department(Special Districts) action taken and entered on the minutes of the Board of
Contact: Warren Lai,313-2180 Supervisors on the date shown.
cc: Assessor ��� '�—C-
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Auditor-Controller ATTESTED: I e?,00,5
County Administrator JOHN CULLEN, Clerk of the Burd of Supervisors and
County Counsel County Administrator
P.W.Accounting
Francisco&Associates,Inc. i
130 Market Place,Suite 160-San Ramon,CA 94583 By "" CJ r" .Deputy
Resolution No. 2008/ `'1
SUBJECT: ADOPT Resolution No. 2008/ t' for Subdivision 04-8830, Bay Point area. (Countywide
Landscaping and Lighting (LL-2) District Funds) (District V) 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 04-8830 (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 XM 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 WORKS DEPARTMENT
DATE: February 26, 2008
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 04-8830 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 22
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 04-8830 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 22 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 22
Annexation and Annual Assessment for
Subdivision 04-8830
TOTAL ASSESSMENT AMOUNT CAST"YES":
TOTAL ASSESSMENT AMOUNT CAST"NO": 0
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 annexation of Subdivision 04-8830 into
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 22 at said election was one and attached
hereto are the total ballots received for and against annexation and assessment.
G ASpDist\Board Orders\2008\2-26-08B0_Hearing_LL-2_Zone 22 04-8830.doc
PUBLIC WORKS DEPARTMENT
DATE: February 26, 2008
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 04-8830 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 22
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 amiexation of Subdivision 04-8830 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 22 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 22
Annexation and Annual Assessment for
Subdivision 04-8830
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 annexation of Subdivision 04-8830 into
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 22 at said election was one and attached
hereto are the total ballots received for and against annexation and assessment.
G.\SpDist\Board Orders\2008\2-26-08B0_f learing_LL-2_Zone 22_04-8830.doc
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
T-"'.i` ry� ,:.tilt '•,
I� ,'•moi`'• •-'�,�}`.
r
Prepared for:
Contra Costa County
Prepared b,
Francisco est Associates,Inc.
130 Market Place,Suite 160
San Ramon,CA 94583
February 26, 2008
Contra Costa Countywide Landscaping District(LL2)
Zone 22&74 Mid Year Fiscal Year 1007-08 TABLE OF CONTENTS
Page No.
Contra Costa County Board of Supervisors and County Staff..................:...............................ii
Certificates.............................................................................................................................................iii .
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 (Zone 22)..................................................5
Table 2-Planned Improvements (Zone 74)..................................................6
PARTB- 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
PART C-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
Z 22&74 FEa.aoc - - Francisco&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone 22&74 Mid Year Fiscal Year 2007-08 BOARD&r 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.S
John M. Gioia Gayle.B. Uilkema
Board Member District No. I Board 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 z2&74 FER.doc -ii- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone 22 Ea'74 Mid Year Fiscal Year 2007-08 CERTIFICATES
ENGINEER'S REPORT
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(LL-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 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:
Warren Lai
Senior Engineer
RCE No. C61737,Expiration June.30,2009
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 ,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:
z z2&7a FER.doc -hi Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION I
Zone 22&74 Mid Year Fiscal Year 2007-08 INTRODUCTION
SECTION I
INTRODUCTION
ENGINEER'S REPORT
COUNTYWIDE LANDSCAPING DISTRICT(LL-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 (LL-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 enerfy,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 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 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 Zones 22 &z 74, (2)
an estimated build out budget for Zones 22 &r 74, and (3) a listing of the proposed maximum
assessments to be levied upon each assessable lot or parcel within Zones 22 &r 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.
z 22&7a FER.aoc - Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION II
Zone 22&74 Mid Year.Fiscal Year 2007-08 PROPOSITION 218
SECTION II
IMPACTS OF PROPOSITION 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 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 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:
1) 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 Hearing 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&7a FFR.doc -2- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal 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. 2008/31 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 &r 74", 1, 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 &z 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 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.
Z 22&74 FLa.aoc -3- Francisco &Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&r 74 Mid Year Fiscal 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 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 refeicnce.
Z 22&74 FFR.doc -4- Francisco &Associates
Contra Costa Countywide Landscaping District(I-L2) 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 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 operation of these services and facilities described below:
Landscaning
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.
Specialty Li6tin>?
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&r 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—Bay Point Area) Subdivisions 7152&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 Bay Point median islands.
z 22&7a rr_a.aoc -5- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007-08 PART A
Table 2: Zone 74 (Bella Flora-Richmond Area)Tract 8755&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 trails.
*Please Note: There are parks and landscaping located in the interior of Subdivision 8938
which are planned to be owned and maintained by a Homeowners Association and therefore not
the responsibility of LL2.
Z 226:.74 FER.doc -6- Francisco&Associates
Contra Costa Co un tywide Lan dscaping District(LL2) SECTION III
Zone 22&i'74 Mid Year Fiscal Year 2007-08 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 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 &r 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 &t 8330
TOTAL ESTIMATED COST AT BUILD OUT(IN FY 2007-08 DOLLARS)
Contra Costa Countywide Landscaping District(1-I_-2) -Annexation to Zone 22
Seabreeze-Subdivision 7152&x Annexing 8330
Total
Improvements Quantity Cost/Unit Cost
Landscaping 1.00 Acre $19,000.00/Acre $19,000.00
Landscaping-Medians 0.08 Acre $19,000.00/Acre $1,500.00
TOTAL ALL MAINTENANCE: $20,500.00
Incidental Costs
Assessment Engineering $2,000.00
County Collection Fees $400.00
County Administrative Fees $3,946.00
TOTAL ALL INCIDENTALS: $6,346.00
Reserve Funds
Operating Reserve Fund(50%) $13,423.00
Capital Reserve Fund(2011/o) $4,100.00
TOTAL ALL 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 136 1.00 136.00 $290.00 $39,440.00
existing-SFR 17 1.00 17_00 $290.00 $4,930.00
153 153.00 $44,370.00
z 22&74 r•ER.doc -7- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007-08 PART B
Table No. 4 -Zone 74-Subdivisions 8755 &r 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&Annexing 8938
Total
Improvements(subd 8938)`-to be annexed Quantity Cost/Unit Cost
Landscaping-S Side Pittsburg Ave 0.27 Acre $19,0011.00/Acre $5,216.71
Landscaping-S Side Pittsburg Ave 0.26 Acre $19,000.00/Acre $4,935.81
Landscaping-S Side Pittsburg Ave 0.38 Acre $19,000.00/Acre $7,243:20
Landscaping-Pittsburg Medians 0.29 Acre $19,000.00/Acre $5,434.80
Landscaping-E Side Richmond Parkway 1.10 Acre $19,000.00/Acre $20,936.64
Landscaping-Pedestrian Trails 0.50 Acre $19,000.00/Acre $9,500.00
Vandalism&Incidentals $2.5,415.00
Improvements(subd 8755)-existine Quantity Cost/Unit Cost
Gertrude Avenue Frontage 0.25 Acre $15;000.00/Acre $3,750.00
Ellison Lane Frontage 5'N.Side,5'S.Side 0.18 Acre $15,000.00/Acre $2,754.82
Martin Drive Frontage ITE Side,5'W.Side 0.69 Acre $15,000.00/Acre $10,3.30.58
Public Park @ Malcolm Drive&r Spears Circle 0.33 Acre $15,000.00/Acre $4,877.07
Utilities 12 Months $600.00/Month $7,200.00
Vandalism&t Incidentals $17,966.97
TOTAL ALL MAINTENANCE: $125,561.61
Incidental Costs
Assessment Engineering $7,000.00
County Collection Fees $1,000.00
County Administrative Fees $23.197.00
TOTAL ALL INCIDENTALS: $31,197.00
Reserve Funds
Operating Reserve Fund(50%) $78,379.30
Capital Reserve Fund(20X) $25,112.32 I
TOTAL ALL RESERVES: $103,491.63
Total Estimated Costs(with Reserves Collected) $260,250.23
Total Estimated Costs(without Reserves Collected) $156,758.61 I
Maximum Rate
Land Use No.of EDU No.of Rate per Assmr.
Type Parcels Rate EDUs EDU Revenue
annex SFR 95 1.00 95.00 $562.10 $53,399.08
annex Townhomes 120 0.75 90.00 $562.10 $50,588.60
annex Condominiums 140 0.75 105.00 $562.10 $59,020.0.3
existing SFR 173 1.00 17.3.00 $562.10 $97,242.53
528 463.00 $260,250.23
"For Subdivision 893.8,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
Jun-06 209.10 $550.00
Feb-07 213.70 2.2090 $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 1 at the end of the fiscal
year must be carried over to the next fiscal year.
Z 22&74 FI:R.doc .-8- Francisco&Associates
Contra Costa County wide Landscaping District(LL2) SECTION III
Zone 22&74 Afid 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 (LL-2) that
incorporates Zones 22 &x 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 &t:74 are those lines and dimensions shown on
the maps of the Contra Costa County Assessor.,for the year when this Report vas prepared,and.
are incorporated by reference herein.and made part of this Report.
Zone 22 encompasses the entire development area located within Subdivisions 7152 &r 8330 and
Zone 47 encompasses the entire development area located within Subdivisions 8755 &r 8938.
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).
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The Assessment Diagrams.for Zones 22 &r 74 are included on the following pages.
Z 22&:74 FER.doc -9 Francisco&Associates
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Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22 crsz'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 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 XTIID, 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 XITTA 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.
z zz&74 rr_a.doc -12- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007-08 PART D
LANDSCAPING BENEFIT DETERMINATION
Trees, landscaping, hardscaping and appurtenant facilities, if wen 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 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 &r 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 SO-unit apartment parcel ora 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&74 r-r_a.doc -i3- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) . SECTION III
Zone 22&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) 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
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 50% 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 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,othef public property,designated open space,and public utilities.
z 22&74 EER.doc -14- Francisco&z'Associates
Contra Costa Countywide Landscaping Distri ct(LL2) SECTION 111
Zone 22&74 Mid Year Fiscal Year 2007-08 PART D
• Zone 22(Seabreeze—Bav Point Area) Subdivisions 7152 &7 8330
Formed: August 13,1991 (Subd. 7152)
136 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. 8330)
• Zone 74 (Bella Flora—Richmond Area) Subdivisions 8755&z 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. 0.7.5 EDU)=463.00 EDUs
$260,250 divided by 463.00 EDUs= $562:10/EDU
The maximum assessment rate was. set at $550.00 per. EDU with an allowance for a
minimum of a 2% C.PI 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 CPI 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 EDiJ(Subd 8755)
FY2007-08 Rate: $0.00 per EDU (Subd 8938)
&Associates
Z-22&74-F]R.dis Francesco
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 22&74 Mid Year Fiscal Year 2007-08 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 the territory to be annexed into Zones 22 &7 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 &r 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
098-2.10-030 I Meadow Creek Group LLC 17 Single Family Parcels 5.39 ?4,930.00
Total) I 17.001 $4,930.00
Table 6: Assessment Roll Zone 74 (.Proposed Annexation Area)
Assessor's Maximum
Parcel Estimated Ultimate Land Estimated Assessment
Number Owner Use Acres EDUs Amount
408-170-072 Signature @ Veranda LLC 95 Single Family Parcels& 14.03 95.00 _ $5.3,399.50
408-180-010 Signature L Veranda LLC 1120 Townhome Parcels'& _15._51. 90.001 $50,589. 00
11.40 Condominium Parcels 105.00 $59,020.50_
---- Total 29.541 290.001 $16.3,009.001
z 2x..74 FER doc -16- Francisco&Associates
V 1/ v 66
PROOF OF PUBLICATION LG - ;I--
(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 �d
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
..igna............... . .....................................................
Signature
Contra Costa es
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)
CONTRA COSTA COUNTY
PUBLIC WORKS
DEPARTMENT '
755 Glacier Drive
Martinez,Ca 94553
NOTICE OF
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 651 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-
gineer's Report(Zones 22
& 74) Fiscal Year
2007/2008 and consider
levying an assessment
for parcels to be included
and certify the tabulation
of the ballots submitted
for the proposed assess-
ment.Bay Point area.
ATTESTED: JANUARY 08, .
2008
By EMY L.SHARP,Deputy
PUBLICATION DATES:
FEBRUARY 15,2008
Legal CCT 2650107
Publish February 15,2008