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HomeMy WebLinkAboutMINUTES - 05061997 - C27 l BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: MAY 6, 1997 SUBJECT: ADOPT RESOLUTIONS DIRECTING FILING OF THE ENGINEER'S REPORT, SETTING PUBLIC HEARING, AND DIRECTING MAILING OF BALLOTS TO PROPERTY OWNERS TO CONSIDER CONTINUATION OF LANDSCAPE ASSESSMENTS IN ZONE 37, CLYDE AREA Specific Request(s) or ecommen a ions)&t3ackground&Justification I. Recommended Action: 1. ACCEPT the following report on the history of improvements and services provided by landscaping assessments and the impact of the ballot results on the landscape program in the community of Clyde. 2. ADOPT the Resolution directing filling of the Engineer's Report for continuation of landscape assessments in Zone 37(Clyde) of the Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2); 3. ADOPT the Resolution setting the hearing date on the continuation of existing landscaping assessments in the Clyde area for Tuesday, July 8, 1997, at 2:00 p.m, in Room 107 of the Board of Supervisor's Chambers, 651 Pine Street, Martinez, California as the time and place for a public hearing to consider oral and written objections or comments concerning Clyde landscape assessments,to tabulate the ballot results, and to determine if the landscape assessments will continue to be assessed in the community of Clyde; 4. APPROVE the attached mail-in ballot and ballot procedure to be mailed to property owners in the community of Clyde; 5. DIRECT the Public Works Director to cause ballots to be mailed to owners of identified parcels within the existing Clyde landscape district; 6. DIRECT the Clerk of the Board of Supervisors to complete the required publication in accordance with Section 6061 of the Government Code. Continued on attachment: X yes SIGNATURE: � 1 If'` RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: APPROVED AS RECOMMENDED OTHER VOT"F SUPERVISORS ✓ UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: SE:drg:cs g:\EngSvc\SpDist\BO\.Clyde5-6.wpd Attachment 1 hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Contact: Skip Epperly,(510)313-2253 Board of Supervisors on the its,shown. Orig.Div.: PW(Special Districts) cc: CAO ATTESTED: Assessor PHIL ATCH of the boa Auditor-Controller ofSupervWrs CAdminisuator Elections Dept. CDD a _ ply County Counsel Accounting Adopt the Resolution accepting the Engineer's Report and setting the hearing and authorize the Public Workt director to coordinate mailing ballots to property owners to consider continuation of landscape assessments in the Clyde area. May 6, 1997 Page 2 II. Financial Impact: There will be no financial impact on the County General Fund. III. Reasons for Recommendations and Background: On February 25, 1997 the Board of Supervisors considered a report from the Public Works Department on Proposition 218 and it's impacts on the Special District services the County Public Works Department provides to the citizens and the communities in the County. The Board also authorized a mail-in ballot for the community of Clyde to vote on park landscaping assessments impacted by Proposition 218. Proposition 218 requires that all assessments be supported by a detailed engineer's report. A copy of the Engineer's Report for Clyde assessments is attached. The following is a listing of improvements and services provided by the landscaping assessments in the community of Clyde. Attached is the impact of the balloting results on the landscape program. COUNTYWIDE LANDSCAPE ASSESSMENT DISTRICT, ZONE 37 (CLYDE) HISTORY The planning for Clyde's park system actually began in 1919 when Bernard Maybeck designed the lay-out for the company town of Clyde. Mr. Maybeck, a renowned architect and planner of the time, envisioned a pedestrian community with four parks; Clyde Park, Maybeck Nature Park, Marie Porter Park and Big Oak Tree Park. Since that time Clyde residents have continued to work toward bringing Mr. Maybeck's original parks plan to fruition. In 1970 the first steps toward development of Clyde Park began with the installation of a basketball backboard and merry-go-round. The community then searched for a way to save various areas in Clyde for park development. Creation of a new service area would provide park and recreation services in addition to the existing street lighting services. Culminating in a two- year effort by the community, on December 14, 1971, the Board of Supervisors voted unani- mously to convert the old County Service Area L-44, which had previously only handled street lighting for Clyde, to County Service Area M-16. The new Service Area afforded the community with the ad valorem tax revenues necessary to finance park construction and maintenance. In 1986 the tennis court was constructed at Clyde Park and in 1991 AA bond funds were used to construct a basketball court at Marie Porter Park. In 1990 when the property rights for Clyde Park were acquired by Contra Costa County, the Citizens Advisory Committee (CAC) for County Service Area M-16 asked the County to hire a landscape architect to develop a Parks Master Plan for the town of Clyde. The Master Plan followed the original concept of the Town Plan of 1919 and included the four (4) original park sites. Development of the pan handle shaped Clyde Park would include new playground equipment, drinking fountains, turf, irrigation system and picnic facilities. The 1/5 acre Marie Porter Park would provide a regional trail rest area on the northern end of the park and basketball courts at the southern end with shade trees in the middle. Big Oak Tree Park would incorporate a formal garden and play structure area on this 1/4 acre site. The design of Maybeck Nature Park, named after the architect of the 1919 Town Plan, orients pathways and shaded seating/picnic areas so that the collection of native plants, herbs and perennials intended for this site are given center stage. The Parks Master Plan process also generated a priority ranking for development of the four parks. The 2-acre Clyde Park site would be the first to be developed, followed by Marie Porter Park, then Big Oak Park and, finally, Maybeck Nature Park. In 1991 the Parks Master Plan was completed. The community had revenue to construct park improvements, but needed money for the ongoing maintenance. Upon the request of the community, on July 23, 1991, the Board of Supervisors approved formation of Countywide Landscape Assessment District, Zone 37 for the express purpose of developing and maintaining park and recreational facilities in the town of Clyde. The original assessment was $40 per residential parcel and is currently $41.76 per parcel. CITIZENS ADVISORY COMMITTEE FOR COUNTY SERVICE AREA M-16 (Clyde) The Citizens Advisory Committee meetings are held as needed either on the 3rd Wednesday of each month or quarterly at the office of Supervisor Mark De Saulnier, 2425 Bisso Lane, Suite 110, Concord. For more information, contact the office of Supervisor De Saulnier at (510) 646-5763. Adopt the Resolution accepting the Engineer's Report and setting the hearing and authorize the Public Works 2irector to coordinate mailing ballots to property owners to consider continuation of landscape assessments in the Clyde area. May 6, 1997 Page 3 CLYDE PARK DEVELOPMENT The park was developed in two phases. The construction of the Clyde Park Phase I improve- ments began in 1993, funded by a combination of developer fees, corporate donations and the Landscape/Lighting Assessment District Zone 37 funds. Phase I construction consisted of ; a playground structure, concrete walkways, handicap access, tennis court fencing, irrigation, grading, drainage and turf. Phase I was completed in 1994 at a cost of approximately $150,000. Phase II construction consisted of; trees and shrubs, planter boxes, picnic tables, irrigation and drainage. Phase I I funding was from a combination of developer fees, property taxes and the Landscape/Lighting Assessment District Zone 37 funds and was completed in 1995 at a cost of approximately $90,000. CLYDE PARKS Name Acreage Facilities • Clyde Park 2 acres Grassed open play area, 2 tennis courts, play- ground area, picnic/barbeque area, 2 basketball courts, off-street parking • Marie Porter Park 1/5 acre 1 basketball court • Big Oak Park 1/4 acre Undeveloped • Maybeck Nature Park 1/5 acre Undeveloped PARK MAINTENANCE Funding for the ongoing grounds maintenance in the four parks in Clyde is derived from the Countywide Landscape Assessment District, Zone 37. The grounds maintenance activities at Clyde Park consists of; maintenance of the turf, trees, shrubs, irrigation system and litter removal. Grounds maintenance at Marie Porter, Big Oak Park and Maybeck Nature Park are on an as needed basis and consists.of; weed abatement and litter removal. SIGNIFICANCE OF PROPOSITION 218 AND ITS IMPACT ON CLYDE In November 1996 Proposition 218, known as the Right to Vote on Taxes Initiative,.was passed into law by California voters. The passage of this proposition changes how benefit assessment districts, such as the Countywide Landscape Assessment District Zone 37 in Clyde, are administered. As a result, in July 1997 property owners in Clyde, via a mail-in ballot, will have the opportunity to decide whether or not to retain LL-2, Zone 37 assessments. If the voters decide against retaining the LL-2, Zone 37 assessments, the following is a list of the probable, long term outcome. Staff would work with the Citizens Advisory Committee to identify other sources of revenue and/or other community groups/organizations who may have the ability to assist with the continuance of these activities. However, if no other funding sources are found the following would occur. Clyde Park When the LL-2, Zone 37 maintenance funds ran out, the amount of park maintenance would be dictated by the amount of property tax revenues available. If public safety became an issue due to lack of funding to properly maintain this park, this park would be closed to due to liability concerns. Marie Porter Park When the LL-2, Zone 37 maintenance funds ran out, the periodic weed abatement and the amount of litter removal activities would be dictated by the amount of property taxes available. If funds were not available for maintenance, this park would be closed due to liability concerns. Big Oak Tree Park This park would remain undeveloped and the periodic weed abatement and litter removal would be discontinued once the LL-2, Zone 37 funds ran out. Maybeck Nature Park This park would remain undeveloped and the periodic weed abatement and litter removal would be discontinued once the LL-2, Zone 37 funds ran out. Adopt the Resolution accepting the Engineer's Report and setting the hearing and authorize the Public '1Nork�- Qirector to coordinate mailing ballots to property owners to consider continuation of landscape assessments in the Clyde area. May 6, 1997 Page 4 IV. Consequences of Negative Action: If the Board of Supervisors does not adopt the Engineer's Report, the mail-in ballot process for property owners to vote on continuation of landscaping assessments would be delayed and the County would not be able to collect assessments after July 1, 1997. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 6, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/223 SUBJECT: Directing filing of annual engineer's report to continue assessments for park, trail, and recreational facilities and services within Zone 37(Clyde) of Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2). The Board of Supervisors of Contra Costa County resolves: 1. J. Michael Walford, Director of Public Works, the person designated by this Board as the Engineer of Work for Zone 37 (Clyde) of Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2), is hereby directed to file an annual engineer's report in accordance with the provisions of the Landscaping and Lighting Act of 1972 and Section 4 of Article XIII D of the California Constitution. 2. This Resolution is adopted pursuant to Section 22622 of the Streets and Highways Code. 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. ATTESTED:PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR ay 6, 1997 BY ac�C Cete� ,DEPUTY RVF:mw g:\engsvc\bo\218bo5-6 Originator: Public Works(ES) Contact: Skip Epperly(313-2253) cc: Public Works County Counsel County Administrator Auditor-Controller Assessor THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 6, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 97/224 SUBJECT: Resolution of intention to order improvements to continue park, trail, and recreational facilities and services within Zone 37 (Clyde) of Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2). The Board of Supervisors of Contra Costa County resolves: 1. The Board of Supervisors intends to levy and collect assessments within Zone 37 (Clyde)of Countywide Landscaping and Lighting Assessment District 1979-3 (LL-2) during the fiscal year.1997-98. The area of land to be assessed is located in the unincorporated area of Clyde, Contra Costa County. 2. The improvements to be made in Zone 37 are generally described as follows: operation, maintenance and development of various parks in Clyde, including Clyde Park, Marie Porter Park, Big Oak Park, and Maybeck Nature Park. 3. In accordance with this Board's Resolution directing the filing of an annual engineer's report, J. Michael Walford, Engineer of Work, has filed with the Clerk of the Board the engineer's's report required by the Landscaping and Lighting Act of 1972 and Section 4 of Article XIII D of the California Constitution. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the zone, and the proposed assessments upon assessable lots and parcels of land within the zone. 4. On July 8, 1997, at 2:00 p.m.,the Board of Supervisors will conduct a public hearing at which the Board will consider the levy of the proposed annual assessments, all oral statements and all written protests made or filed by any interested persons, and the tabulation of the ballots. The hearing will be held in the Board of Supervisor's Chambers, located in Room 107 of the County Administration Building, 651 Pine Street, Martinez, California. 5. The Clerk of the Board is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22552, 22553 and 22626; Government Code Section 6061). 6. The Engineer of Work(J. Michael Walford, Director of Public Works) is directed to cause to be mailed to property owners the notices and ballots required by Section 4 of Article XIII D of the California Constitution. 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. ATTESTED:PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR May 6, 1997 BY EPUTY RVF:mw g:\engsvc\bo\218bo5-6 Originator: Public Works(ES) Contact: Skip Epperly(313-2253) cc: Public Works County Counsel County Administrator Auditor-Controller Assessor I I PUBLIC NOTICE Important Information about the Contra Costa County Landscaping and Lighting Assessment District (LI.-2) Clyde Benefit Zone 37. Is this a New Assessment ? No. The Contra Costa County Landscaping and Lighting Assessment (LL-2) Clyde Benefit Zone 37, (aka the District) has been maintaining and improving its public parks and recreational facilities with this assessment since 1990. Why Did You Receive this Ballot? The passage of Proposition 218 requires a vote on the continuance of the District's assessment that is used to pay for the cost of improving and maintaining parks and recreational facilities used by the public. How Much is the Assessment? The assessment is based on the type of property and its location. For single family homes it will be $41.76 per year. The annual assessment for your property is shown on the enclosed ballot. The total amount raised by the assessment is approximately $10,000. Why Should You Vote? Your vote will decide if the District's assessment that is used for maintaining and improving public parks and recreational facilities should continue. Your vote on this matter is important because only returned ballots will be counted. Will This Assessment Increase in the Future? The District does not intend to increase the assessment, and it cannot be increased without another election. Why is There an Assessment? The assessment allows the District to maintain and improve parks and recreational facilities used by the local community. Without this assessment, funding for the upkeep of the playfields, parks and other recreational facilities will be significantly reduced or eliminated. 1 e r A YES Vote Means: The Contra Costa Landscaping and Lighting Assessment District (LL-2). Clyde Benefit Zone 37 assessment will continue to be collected and it will be used to maintain and improve the parks and public recreational.facilities, including: • Clyde Park: Grassed open play area Terraced planters along the picnic/open play area Tennis Court Picnic/barbeque area Playground structure Off-street parking • Marie Porter Park: Basketball court • Big Oak Park: Future development • Maybeck.Nature Park: Future development A NO Vote Means: The assessment will not be continued. The District's funding for maintenance and improvement of its parks and recreational facilities will be reduced or eliminated. Maintenance of parks and recreational facilities will be cut back and planned improvements will be cancelled. How was my Assessment Calculated? The total cost of the improvements that would be funded by the assessments is allocated to each property based on estimated special benefit received. The method of benefit allocation is based on the relative benefit to a property in relation to a single family home. An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, Martinez, CA 94553-4897. Method of Voting Complete the enclosed ballot and return it in the postage paid self addressed envelope to the County Election Department. Only returned ballots or written letters which identify the property and specify the property owner's support or opposition are counted. 2 Mail your ballot in the self addressed postage paid envelope or deliver it in person to the Contra Costa County Elections Department, 524 Main Street, Martinez, CA 94553 by July 1, 1997. Or you may hand carry your ballot to the Public Hearing on July 8, 1997. Ballots received after the close of the Public Hearing can not be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned, weighted by their assessment, are opposed to the assessment, the assessment will not be imposed. Ballot Procedures This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the Contra Costa County Landscaping and Lighting Assessment District (LL-2) Clyde Benefit Zone 37. The ballot may be used to express either support for or opposition to the continuation of,existing assessments to provide funds for parks, landscaping and lighting services for public parks in Clyde Benefit Zone 37. In order to be counted, this ballot must be signed in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf of a corporation, partnership, trust or other entity must also indicate title or office below the identification of the property owner (e.g., Trustee, President, General Partner, etc.). If the property is owned jointly(i.e., tenants in common, joint tenants) one or both property owners may sign the ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same, the ballot counts as one vote. If both owners vote differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a"zero" vote. More Information/Public Input Your input is very important to the District. You are invited to attend the Public Town Hall Meeting and/or the Public Hearing. At these meetings you will hear more information about the assessment and will have the opportunity to ask questions and to give input. Public Town Hall Meeting This meeting will be held on Wednesday, 'June 25, 1997 at 7p.m. in the Lefty Gomez Recreational Building, 470 Parker Avenue, Rodeo. Public comment will be accepted at this meeting but no action on the assessments will be taken. Public Hearing This hearing will be held on July 8, 1997 at 2:00 to 2:15 p.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing, the Board will take final public testimony and 3 take action on whether or not to levy the assessments based upon the. testimony and ballots received. For more information, call the Contra Costa County Assessment Information Line at (5 10) 468-0533 or toll free at (888) 766-7288. 4 V- . ............ FICIAL BA. LOT:: :::° JTTR VOTE IS VERY IMPORTAlti1T PLEBE RET....1RN ..... TDA?Y 0 Yes, I want to continue the Contra Costa County Landscaping and Lighting District Benefit Zone No.37(Clyde Area) assessment at no increase. NO, I do not want to continue the Contra Costa County Landscaping and Lighting District Benefit Zone No. 37(Clyde Area) assessment. Signed Signature of Record Owner or Authorized Representative Parcel No. { insert field APN If insert field bar code 3 to 9 } Annual Assessment Amount: { insert field Assessment Amount } { insert field bar code zip} { insert field owner name } { insert field mail address } { insert field mail city,state,zip } Ballot must be received at the address shown on the enclosed return envelope by July 1 or hand delivered before the end of the public input portion of the Public Hearing on July 8,1997. (See enclosed Notice of Public Hearing for details) The following is an envelope sample[Return Envelope No. 9 with indicia) Contra Costa County Election Department NO POSTAGE 524 Main Street NECESSARY Martinez,CA 94553 IF MAILED IN THE UNITED STATES ;: E� IJRETURN;TRE ; Fir st Class Mail Permif iNo XXX,Can.cord, A. Contra Costa County Elections Department 524 Main Street Martinez, CA 94553 --------------------------------------------------------------------------------------------------------- The following is an outside envelope sample[No. 10 windowl. resortea First Class Mail U.S. Postage PAID Permit No. XX Contra Costa County Department of Public Works Concord, CA❑ 255 Glacier Drive Martinez,CA 94553 Il"ORTANT! BALLC)T1�IC ,OED W I N D OW ' CONTRA COSTA COUNTY LIGHTING AND LANDSCAPE BENEFIT ASSESSMENT DISTRICT NO. LL-2 BENEFIT ZONE 37 - CLYDE AREA IlVIPORTANT- MULTIPLE PROPERTY OWNER BALLOT (MAIL BALLOTS SHOULD BE RECEIVED NO LATER THAN JULY 1, 1997) { insert field bar code zip} { insert field owner name } { insert field mail address } { insert field mail city,state,zip ) Assessor APN Bar Code Site Address Proposed Parcel No. Assessment {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} {Field APN} 9999999999999 {Field Siteaddress} {Field Assessments} Yes, I want to continue the Contra Costa County Landscaping and Lighting District Benefit Zone No. 37(Clyde Area) assessment at no increase. No, I do not want to continue the Contra Costa County Landscaping and Lighting District Benefit Zone No.37(Clyde Area) assessment. I hereby certify under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the properties shown above in this mail ballot. Dated: Signature Printed Name of Property Owner Ballot must be received at the address shown on the enclosed return envelope by July 1 or hand delivered before the end of the public input portion of the Public Hearing which is scheduled to begin at 2:00 p.m. on July 8, 1997,in the Board Chambers,651 Pine Street,Martinez, CA. (See enclosed Notice of Public Hearing for details) Once you have voted and signed this ballot,please place the ballot in the enclosed pre-paid,self- addressed return envelope. Your ballot will not be counted if you have not voted,signed the ballot and sealed the envelope. The sealed envelope may be mailed or hand delivered to the Contra Costa County Election Dept.,524 Main St.,Martinez,CA 94553. --------------------------------------------------------------------------------------------------------- The following is an outside envelope sample[No. 10 windowl: ' Presorted First Class Mail U.S. Postage PAID Permit No. XX Contra Costa County Elections Department Concord, CAO 524 Main Street Martinez, CA 94553 EVIPORTANT! BALLOT ENCLOSED UWINDOW r . r PRELIMINARY ENGINEER'S REPORT FOR CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 Fiscal Year 1997-98 SrA"_couN'Y`t Prepared for: Contra Costa County Contra Costa County, California Prepared by.- Berryman y.Berryman & Henigar April 15, 1997 ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 TABLE OF CONTENTS AgencyDirectory.............................................................................................. i Submittal and Acknowledgment....................................................................... ii Section I- Introduction.................................................................................... 1 Section II - Impacts of Proposition 218 ............................................................ 4 SectionIII- Report.......................................................................................... 6 Part A-Plans and Specifications........................................................... 8 Part B -Estimate of Cost.................................................................... 10 Part C - Assessment Roll..................................................................... 11 Part D -Method of Apportionment of Assessment.............................. 12 Part E -Property Owner List .............................................................. 17 Part F - Assessment District Diagram.................................................. 18 Appendix "A" - FY 1997-98 Assessment Roll (Under separate cover) CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 CONTRA COSTA COUNTY BOARD OF SUPERVISORS AND COUNTY STAFF Mr. Mark De Saulnier Chairman District No.4 Mr. Jim Rogers Ms. Gayle B. Uilkema Board Member District No. 1 Board Member District No. 2 Ms. Donna Gerber Mr. Joseph Canciamilla Board Member District No. 3 Board Member District No. 5 J. Michael Walford Director of Public Works Mr. Victor J. Westman Ms. Jeanne Maglio County Counsel Clerk of the Board of Supervisors Mr. Stephen Weir County Clerk Berryman&Henigar Assessment Engineer M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC 1 ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 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 al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. Dated: By: J. Michael Walford Director of Public Works RCE No. 16670 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the day of , 1997. Jeanne Maglio, County Clerk of the Board of Supervisors Contra Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with 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 ' 1997. Jeanne Maglio, County Clerk of the Board of Supervisors Contra Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Contra Costa, on the day of , 1997. Jeanne Maglio, County Clerk of the Board of Supervisors Contra Costa County, California By: M:\PROJECTS\CONTRA\CONTRA47\WORD\CLYDE.DOC 11 CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE I SECTION I INTRODUCTION ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 HISTORY The planning for Clyde's park system began in 1919 when Bernard Maybeck designed the lay-out for the company town of Clyde. Mr. Maybeck, a renowned architect and planner of the time, envisioned a pedestrian community with four parks; Clyde Park, Maybeck Nature Park, Marie Porter Park and Big Oak Tree Park. Since that time Clyde residents have continued to work toward bringing Mr. Maybeck's original parks plan to fruition. In 1970 the first steps toward development of Clyde Park began with the installation of a basketball backboard and merry-go-round. The community then searched for a way to save various areas in Clyde for park development. Creation of a new service area would provide park and recreation services in addition to the existing street lighting services. Culminating in a two- year effort by the community, on December 14, 1971, the Board of Supervisors voted unanimously to convert the old County Service Area L-44, which had previously only handled street lighting for Clyde, to County Service Area M-16. The new Service Area afforded the community with the ad valorem tax revenues necessary to finance park construction and maintenance. In 1986 the tennis court was constructed at Clyde Park and in 1991 AA bond funds were used to construct a basketball court at Marie Porter Park. In 1990, spearheaded by the Citizens Advisory Committee (CAC) for County Service Area M-16 (Clyde), the County hired a landscape architect to develop a Parks Master Plan for the town of Clyde. The Master Plan followed the original concept of the Town Plan of 1919 and included the four (4) original park sites: Clyde Park, Maybeck Nature Park, Marie Porter Park and Big Oak Tree Park. Development of the pan handle shaped Clyde Park would include new playground equipment, drinking fountains, turf, irrigation system and picnic facilities. The 1/5 acre Marie Porter Park would provide a regional trail rest area on the northern end of the park and basketball courts at the southern end with shade trees in the middle. Big Oak Tree Park would incorporate a formal garden and play structure area on this 1/4 acre site. The design of Maybeck Nature Park, M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 2 named after the architect of the 1919 Town Plan, orients pathways and shaded seating/picnic area so that the collection of native plants, herbs and perennials intended for this site are given center stage. The Parks Master plan process also generated a priority ranking for development of the four parks. The 2-acre Clyde Park site would be the first to be developed, followed by Marie Porter Park, then Big Oak Park and, finally, Maybeck Nature Park. In 1991, the Parks Master Plan was completed. The community had revenue to construct park improvements, but needed money for the ongoing maintenance. On July 23, 1991, the Board of Supervisors approved formation of Countywide Landscape Assessment District, Zone 37 for the express purpose of developing and maintaining park and recreational facilities in the town of Clyde. The original annual assessment was $40 per single family residential parcel and the current annual assessment is $41.76 per parcel. CLYDE PARK DEVELOPMENT In keeping with the 1991 Parks Master Plan, the Citizens Advisory Committee chose to develop Clyde Park first. Construction of Phase I began in 1993, funded by a combination of developer fees, public funds and private donations. Phase I construction consisted of a playground structure, concrete walkways, handicap access, tennis court fencing, irrigation, grading, drainage and turf. Phase I was completed in 1994 at a cost of approximately $150,000. Phase II construction consisted of trees and shrubs, planter boxes, picnic tables, irrigation and drainage. Phase II funding was from a combination of developer fees, property taxes and the Landscape/Lighting Assessment District Zone 37 funds and was completed in 1995 at a cost of approximately $90,000. To insure a flow of funds for the construction, operation, maintenance and servicing of specified improvements within the boundaries of Contra Costa County, the Contra Costa County Board of Supervisors will ratify the Clyde Area Benefit Zone 37 in Landscaping and Lighting Assessment District (LL-2), (The "District") .this fiscal year to comply with the requirements of Proposition 218. The boundaries of the District are completely within the boundaries of the County of Contra Costa. . The costs of operation, maintenance and servicing of the improvements to be funded by the District will be apportioned to each parcel within the Benefit Zone in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the Contra Costa County Board of Supervisors, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year they may.be subject to the noticing and balloting procedures referenced in Proposition 218. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 3 As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 1997- 98, provides an estimated budget for the District, and lists the proposed assessments to be levied upon each assessable lot or parcel within the District. Public playground safety and accessibility standards are mandated by two legal requirements. The Americans with Disabilities Act (ADA) of 1990 became effective in 1992 and requires all public facilities (including playgrounds) be free of architectural barriers to access by January 1, 1995. Secondly, State legislation SB2733, mandates compliance with federal playground safety standards by the year 2000. Those standards are established by the American Society for Testing and Materials (ATSM) in their document "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use", and by the federal Consumer Products Safety Commission (SPSC) in their document "PublicPlayground Handbook for Safety". Landscape and lighting zones that have existing playground equipment that does not meet these federal and state guidelines must either be retrofitted or replaced. In those zones where the equipment does not meet the state and federal guidelines, in Fiscal Year 1995-96 (and beyond) funds will begin accruing to retrofit or replace the playground equipment in accordance with mandated guidelines. Following the approval of this preliminary report, either as submitted or as modified, the Contra Costa County Board of Supervisors will conduct a property owner election to determine if there is support to ratify the District. The Board will also hold a Public Hearing to provide an opportunity for any interested person to be Heard. All property owners will be noticed in accordance with Proposition 218 prior to the Public Hearing. At the conclusion of the Public Hearing, the Contra Costa County Board of Supervisors may adopt a resolution confirming the levy of assessments as originally proposed or as modified unless a majority protest exists. Following the adoption of this resolution, the final assessor's roll will be prepared and filed with the County Assessor's office to be included on the FY 1997-98 tax roll. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 4 SECTION II IMPACTS OF PROPOSITION 218 ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LIr2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Article 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. Proposition 218 also requires that with certain specified exceptions, all existing assessment districts must be ratified by the property owners within the District using the new procedures. The Contra Costa County Board of Supervisors has determined that Clyde Area Benefit Zone 37 of the Contra Costa County Landscaping and Lighting Assessment District (LL-2) must be ratified by the property owners within the Benefit Zone 37. In order to comply with the requirements of Proposition 218, the District is implementing the following new procedures: 1) Every property owner in Benefit Zone 37 will receive a ballot in the mail allowing the property owner to cast their vote on whether to ratify the District. The ballots will be accompanied by a notice describing the total assessment in the Benefit Zone 37, the individual property owners assessment, the duration of the assessment, the reason for the assessment and the basis upon which the assessment was calculated. 2) The ballots which are returned within 45 days after mailing will be tabulated to determine whether a majority protest against the assessment exists. The ballots will be weighed based on the proportionate amount of the assessment. In other words, ballots cast by property.owners with higher assessments will count more than ballots cast by property owners with lower assessments. 3) Some publicly owned properties (generally those which are developed as opposed to open space) will now be assessed. However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the District will need to comply with the provisions of Proposition 218 for M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 5 that portion of the increased assessment unless ,the increase in assessment was anticipated in the assessment formula(e.g., CPI increase). The County has also found agencies stating that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and subsequently signed a development agreement confirming so, then this would suffice for the requirement of signing a petition. The more difficult question arises in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In this case, if the landscape, park, or park lighting facilities and the resulting assessment is a condition of the land development or subdivisions approval and the property owner acquiesces to the levy of assessment, it is reasoned that this is a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafter's Intent". When discussing the exemption for existing assessments imposed pursuant to a petition, the taxpayers' association said: "This provision exempts most land secured financing arrangements used by developers." M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 6 SECTION III ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Intention, being Resolution No. , adopted by the Contra Costa County Board of Supervisors of the Contra Costa County, County of Contra Costa, State of California, in connection with the proceedings for: CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 hereinafter referred to as the "District". I, J. Michael Walford, the duly appointed ENGINEER OF WORK, submit herewith this "Report" consisting of six (6) parts as follows: PART A This part describes the improvements in the Benefit Zone 37. Plans and specification for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of the County Clerk of the Contra Costa County,and are incorporated herein by reference. PART B 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 are on file in the Office of the County Clerk of the Contra Costa County. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 7 PART C This part contains an assessment of the estimated cost of the improvements on each benefitted lot or parcel of land within the Assessment District. The Assessment Roll is filed in the Office of the County Clerk of the Contra Costa County Board of Supervisors and is incorporated in this Report as Appendix "A". PART D This part describes the method of apportionment of assessments, based upon parcel classification of land within the Assessment District, in proportion to the estimated benefits to be received. PART E This part contains a list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized roll of the Assessor of the County of Contra Costa. The list is keyed to the records of the Assessor of the County of Contra Costa which are incorporated herein by reference. PART F This part incorporates, by reference, a Diagram of the Assessment District showing the exterior boundaries of the Assessment District, and the lines and dimensions of each lot or parcel of land within the Assessment District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the County Clerk of the Contra Costa County Board of Supervisors. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Contra Costa 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. M:\PROJECTS\CONTRA\CONTRA97WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) .CLYDE AREA BENEFIT ZONE 37 PAGE 8 PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the Contra Costa County's Landscaping and Lighting Assessment District (LL-2) boundaries, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: DESCRIPTION OF IMPROVEMENTS CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 The improvements which can be operated, maintained and serviced by the District Benefit Zone 37 consist of landscaping, public park and recreation 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 facilities described below. Parks and Landscapinji: The landscaping improvements which will be operated, maintained and serviced by the District Benefit Zone 37 consists of the following parks: Clyde Park: Grassed open play area Terraced planters along the picnic/open play area Tennis court Picnic/barbeque area Playground structure Off-street parking Marie Porter Park: Basketball court Big Oak Park: Undeveloped at this time M:\PROJECTs\CONTRA\CONTRA97\WORD\CLYDE.DOC ` CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 9 Maybeck Nature Park: Undeveloped at'this time Landscaping improvements include, but are not limited to, landscaping, irrigation, hardscapes, trees, special paving, landscape walls, furnishings such as pots, bollards, tree grates and appurtenant facilities as required to provide an aesthetically pleasing environment throughout the Benefit Zone 37. Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, public park and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public park and recreational facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water for the irrigation of the landscaping, and the maintenance of any lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public park and recreational facilities or appurtenant facilities. The plans and specifications for the improvements are on file in the Department of Public Works in Contra Costa County. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY , LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 10 PART B ESTIMATE OF COST The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, street lighting and park and recreational facilities can be recovered by the Benefit Zone 37 assessments. Maintenance can include the repair and replacement of existing facilities. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the Benefit Zone 37, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included. The operation, maintenance and servicing costs for Fiscal Year 1997-98 are summarized below. These cost estimates were provided by Contra Costa County and are summarized below. >< ...0 e. 3 .nte "it.Zan n �t e..enue.. ::::p:::::::::::::.::.:; ::.::.::::::::::::::::::::::::::::::::::.:::.::::::::: :.;:<.;:.:;.;:.;:.: »:,:::; ;: Q„ :::::::;::.:;:;.::::::R:>:<> t >><«««« > < >> st =>:::>:::` s<>< < < :>::::::>:::<:>::_::::>< 'r' to > 'i} ..m.a# .xmates.. 0.. ......... ... ..... ................................................. 1E+ '11997.. ......>::>::>«::::......:: :>:::>Ca I.......................... ......:.........:.......:..........::.::..:.:::::.:::::::::::.:::::.....:.:::.::::::::::::::::::::::::::::.::::.::::...:::: ::::::::::: : : ::::::::. ............................................................................................................................................................... .................................................. FY 1997-98 Assessments $ 10,000 Subtotal $ 10,000 $ 10,000 Operation and Maintenance ($ 5,000) Administrative Costs, Insurance ($ 2,000) Utilities ($ 2,000) County Levy Code Fee and Levy Adjustments; ($ 1,000) County Collection fees, etc. Subtotal ($ 10,000) ($ 10,000) Ending Fund Balance ($ 10,000) $ 10,000 ($ -0- ) The 1972 Act requires that a special trust fund be set up for the revenues and expenditures of the Benefit Zone 37. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to Contra Costa County may be made to reduce assessments, as the Contra Costa County Board of Supervisors deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and operating reserves. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 11 PART C ASSESSMENT ROLL The proposed assessments and the amount of assessments for Fiscal Year 1997-98 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are on file in the Office of the County Clerk. The description of each lot or parcel is part of the records of the Assessor of the County of Contra Costa and these records are, by reference, made part of this.Report. The total proposed assessment for the FY 1997-98 is $10,000.00. M:\PROJFCTS\CONTRANCONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY , LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 12 PART D METHOD OF APPORTIONMENT.OF ASSESSMENT GENERAL 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, street lighting and park and recreational facilities. Section 22573 of the Landscape and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article IIIA of the California Constitution. The 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. 22547). 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. Excepted from the assessment would be the areas of public streets, public avenues, public lanes, I ublic 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. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 13 DISTRICT-WIDE BENEFITS Improvements that provide a special benefit to all developed parcels of land located within the boundaries of the District are considered to be district-wide benefits, and the costs associated with these improvements are assessed to all assessable developed parcels located within the boundaries of the District. PARKS BENEFIT ANALYSIS The overall quality of life and desirability of an area is enhanced, when public park and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism. Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events and other miscellaneous activities. Studies in a number of communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved to be an important factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion long held by planning authorities as to the economic value of parks and recreational facilities in a community. "The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...." (National Recreation and Park Association, June 1985) "Recreation and park amenities are central components in establishing the quality of life in a community. ... [businesses'] main resource is their employees for whom quality of life is an important issue.. The availability and attractiveness of local parks and programs influences some companies relocation decisions. ... the presence of a park encourages real estate development around it...." (California Parks&Recreation, Winter 1997) The benefit of parks and other recreational facilities to residential and commercial/industrial properties has been summarized by a number of studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded that: • "Parks and recreation stimulate business and generate tax revenues." • "Parks and recreation help conserve land, energy, and resources." M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 14 • "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values." • "Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the. stress of a fast-paced and demanding life." Proper maintenance and operation of the parks within the District benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement. The amount of benefit received will vary with the different land use on the property. There are two categories from which the total benefit of a parcel is derived: 1. Environmental Quality Benefit. The improvement of the quality of air, visual aesthetics and attractiveness of the community as a place to live and work and do business. 2. Recreation Enhancement Benefit. The availability of usable and safe park and recreational facilities. Recent studies have shown that adequate park and recreation facilities and recreation programs helps to reduce crime and vandalism. This results in less savings to property owners and improved property values and promotes the well being of the community. ASSESSMENT METHODOLOGY The total operation, maintenance and servicing cost for the landscaping, and public park facilities are apportioned in accordance with the methodology that is consistent with standard assessment engineering practices. The method for spreading the costs to each parcel is based on the Equivalent Dwelling Unit (EDU) factor. Since the assessment is levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread 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 spread to each parcel of land based on the number of EDU's associated with each particular parcel. The single family residential parcel has been selected as the basic unit for the calculation of assessments and is defined as one (1) Equivalent Dwelling Unit (EDU). Commercial and industrial parcels also receive special benefit because of increased property values and the ability to have their workers and patrons use the park and recreational facilities. Commercial and industrial parcels are assessed based on their respective parcel acreage because larger parcels.have the ability to generate larger pedestrian flows. The methodology used to assign EDU's to other land uses in proportion to the benefit they receive relative to the single family residential parcel. Developed Single Family Residential. The developed single family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an M:\PROJECTS\CONTRA\CONTRA97\W ORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 15 Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per the Contra Costa.County land use code are assessed one (1.00)EDU. Developed Multiple Residential. The EDU's for land designated as developed multi-family uses which includes condominiums, mobile homes and apartments are assessed a factor of one-half (0.50) EDU per dwelling unit, e.g., a parcel with a 100-unit apartment would be assessed 50 EDU's. Based on data from representative cities in Northern California, the multiple family residential factor of 50 percent is determined by the reduction in population and activity associated with these types of residential uses. Developed- Commercial/Industrial, Recreational, Institutional and Other Miscellaneous Uses. Developed commercial and industrial properties include commercial, industrial, recreational, institutional and other miscellaneous uses per the Contra Costa County land use codes. The parcels are assessed based upon the acreage of the parcel. In converting developed commercial, industrial properties to EDU's, one (1.00) EDU.is assessed for the first acre or any portion thereof, one (1.00) EDU/acre for each additional acre up to a maximum of three (3.00) EDU's (3.00 acres). The minimum number of EDU's per parcel will be one (1.00)EDU. Vacant property is described as parcels with no improved structures. Property values increase for undeveloped parcels when public infrastructure improvements are installed and well maintained. Vacant Single Family Residential. Parcels defined as vacant single family residential parcels will be assessed'at 50% of the developed single family rate. Vacant Non-Single Family Residential. Parcels defined as vacant non-single family residential will be assessed at a 50% of the developed commercial/industrial rate. These parcels include vacant multi-family residential, commercial, industrial, recreational, institutional and other miscellaneous parcels. These parcels will be assessed at 0.50 EDU's per acre or any portion thereof, with a minimum of 0.50 EDU's per parcel and a maximum of 1.50 EDU's per parcel (3.00 acres). Incremental acreage greater than 3.00 acres is considered to be open space area and therefore receives no further assessment. Exempt. Parcels of land listed on the County Assessor's record with tax-exempt status with the possible exception of some public property, as well as public utilities will not be assessed. The EDU's on all parcels which are tax exempt will be calculated on the basis of similar land uses if these are.improvements which appear on the unsecured roll. The EDU's for these improvements are included in the appropriate land use classification. Excepted 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. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY ' LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) . CLYDE AREA BENEFIT ZONE 37 PAGE 16 The land use classifications used for each parcel are based on the March 1, 1997 Contra Costa County Assessor's Roll. A summary of the parcel information and EDU's is shown on table below. Single Family Home 249 236 Vacant S/F-Unbuildables 5 8.21 Condos 0 0 Multiple Dwelling Units 3 3 Vacant M/F 1 0.50 Commercial-Community Facility 1 0 Vacant Commercial Unbuildable 1 0 Industrial 4 1.09 Vacant Industrial 1 0.50 Institutional 0 0 Public Properties 7 0 Rural Misc.Property 0 0 Total 288 252.3 The Clyde Area Benefit Zone 37 of the Contra Costa County Landscaping and Lighting Assessment District (LL-2) was formed to provide a funding source for the operation, maintenance and servicing of landscaping, street lighting and public park and recreational facilities within the boundaries of the Benefit Zone 37. Typical rates are shown in the following table: ::::::::::......:::::::;::<;;;::;:;;:;::::::;;::>:.>;:.;>::>:::::::;::>::;::> d t... ....... av me...t ..... Be E . n 7.................................................................. :. .:::.:5:.:.. ::.... .............................. .:::: :.dc:::::::rte.:: :7��4:::4.::.::::::::::.::::._::::.............::::::::::: :.::::::::::::::. [> «"ialRies ....................................................................................... ::::::::::<::<::::.... r ::s::::>z::;:::::;:::::>::::>::::;::::::>_:;:>::::r<::>::::<::>:::<:::»:::....... EY..199....98.. yP::..::::::::::::::. ................................................::::.:::::::::::::.::::::::::::::::::::::::: ::::.:::..::::::......... ................................ No.of No.of No.of FY 1997-98 FY 1997-98 Land Use Units Acres EDU's Assessment Assessment per EDU Residential/Single Family 1.0 N/A 1.00 $41.76 $41.76 Condominiums 1.0 N/A 0.50 $41.76 $20.88 Apartments 4.0 N/A 2.00 $41.76 $83.52 Vacant S/F Residential N/A N/A 0.50 $41.76 $20.88 Commercial/Industrial N/A 4.00 3.00 $41.76 $125.28 1.00 EDU Minimum/ac& 3.00 EDU's Maximum/ac Vacant Comm/Industrial N/A 3.00 1.50 $41.76 $62.64 0.50 Minimum/ac& 1.50 EDU's Maximum/ac M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY f ANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 17 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within Benefit Zone 37 of the Contra Costa County's Landscaping and Lighting Assessment District (LL-2) is shown on the last equalized Property Tax Roll of the Assessor of the County of Contra Costa, 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 on file in the Office of the County Clerk of the Contra Costa County Board of Supervisors. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY ' LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LI,-2) , CLYDE AREA BENEFIT ZONE 37 PAGE 18 PART F ASSESSMENT DISTRICT DIAGRAM The boundaries of the Contra Costa County's Landscaping and Lighting Maintenance District Benefit Zone 37 are within the boundaries of Contra Costa County. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Contra Costa, for the year in which this Report was prepared, and are incorporated by reference herein and made part of this Report. A reduced copy of the Assessment Diagram is attached on the following page. 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CONTRA COSTA COUNTY COUNTY LANDSCAPING AND LIGHTING DISTRICT A.D. 1979-3 (LL-2) PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 1997-98 ZONE 37 Assessor's Assessor's Assessor's Parcel Assessment Parcel Assessment Parcel Assessment Number Amount Number Amort Number Amount 100-280-018 $49.28 100-301-006 $41.76 100-303-015 $41.76 100-280-020 $20.88 100-301-007 $41.76 100-303-016 $41.76 100-280-023 $0.00 100-301-008 $41.76 100-303-019 $41.76 100-280-026 $22.14 100-301-009 $41.76 100-304-002 $41.76 100-291-002 $41.76 100-301-010 $41.76 100-304-007 $41.76 100-291-003 $20.88 100-301-011 $41.76 100-304-008 $41.76 100-291-004 $41.76 100-301-012 $20.88 100-311-001 $0.00 100-291-005 $41.76 100-301-013 $41.76 100-311-006 $41.76 100-291-006 $41.76 100-301-014 $41.76 100-311-007 $41.76 100-291-008 $41.76 100-301-015 $41.76 100-311-008 $41.76 100-291-012 $41.76 100-301-016 $41.76 100-311-009 $20.88 100-291-013 $41.76 100-301-017 $41.76 100-311-010 $41.76 100-291-014 $41.76 100-301-018 $41.76 100-311-011 $41.76 100-291-015 $41.76 100-302-001 $20.88 100-311-012 $41.76 100-292-002 $41.76 100-302-002 $41.76 100-311-013 $41.76 100-292-003 $41.76 100-302-003 $41.76 100-311-014 $41.76 100-292-004 $41.76 100-302-004 $20.88 100-311-015 $41.76 100-292-005 $41.76 100-302-005 $41.76 100-311-016 $41.76 100-292-006 $41.76 100-302-006 $41.76 100-311-017 $41.76 100-292-007 $20.88 100-302-007 $41.76 100-311-018 $41.76 100-292-008 $41.76 100-302-008 $41.76 100-311-019 $41.76 100-292-009 $41.76 100-302-009 $41.76 100-311-020 $41.76 100-292-013 $41.76 100-302-010 $41.76 100-311-021" $41.76 100-292-014 $41.76 100-302-011 $41.76 100-311-022 $41.76 100-292-015 $41.76 100-302-012 $41.76 100-311-023 $41.76 100-293-001 $41.76 100-302-013 $41.76 100-311-024 $41.76 100-293-002 $20.88 100-302-014 $41.76 100-311-025 $41.76 100-293-003 $41.76 100-302-015 $41.76 100-312-001 $41.76 100-293-005 $41.76 100-302-016 $41.76 100-312-002 $41.76 100-293-006 $41.76 100-302-017 $20.88 100-312-003 $41.76 100-293-007 $20.88 100-303-002 $41.76 100-312-004 $20.88 100-293-008 $20.88 100-303-003 $41.76 100-312-005 $41.76 100-293-009 $20.88 100-303-004 $41.76 100-312-006 $20.88 100-293-013 $41.76 100-303-005 $41.76 100-312-007 $41.76 100-293-015 $20.88 100-303-006 $20.88 100-312-008 $41.76 100-293-016 $41.76 100-303-007 $41.76 100-312-009 $41.76 100-293-017 $41.76 100-303-008 $20.88 100-312-010 $41.76 100-293-018 $41.76 100-303-009 $41.76 100-312-011 $41.76 100-295-003 $0.00 100-303-010 $41.76 100-312-012 $41.76 100-301-001 $41.76 100-303-011 $41.76 100-312-013 $41.76 100-301-002 $41.76 100-303-012 $41.76 100-312-014 $41.76 100-301-004 $41.76 100-303-013 $41.76 100-312-015 $20.88 100-301-005 $41.76 100-303-014. $20.88 100-312-016 $0.00 1 CONTRA COSTA COUNTY , COUNTY LANDSCAPING AND LIGHTING DISTRICT A.D. 1979-3 (LL-2) PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 1997-98 ZONE 37 Assessor's Assessor's Assessor's Parcel Assessment Parcel Assessment Parcel Assessment Number Amount Number Amount Number mount 100-312-022 $20.88 100-401-011 $41.76 100-410-018 $41.76 100-313-015 $41.76 100-401-012 $41.76 100-410-019 $41.76 100-313-018 $20.88 100-401-013 $41.76 100-410-020 $41.76 100-313-020 $41.76 100401-014 $41.76 100410-021 $41.76 100-313-021 $41.76 100-401-015 $41.76 100-410-022 $41.76 100-313-023 $0.00 100-401-017 $0.00 100-410-023 $41.76 100-313-025 $41.76 100-401-018 $0.00 100-410-024 $41.76 100-313-028 $41.76 100-401-024 $41.76 100-410-025 $41.76 100-313-029 $41.76 100-401-025 $41.76 100-410-026 $41.76 100-313-032 $20.88 100-401-026 $41.76 100-410-027 $41.76 100-313-034 $41.76 100-401-027 $41.76 100-410-028 $41.76 100-313-041 $41.76 100-401-028 $41.76 100-410-029 $41.76 100-313-042 $0.00 100-401-029 $41.76 100-410-030 $41.76 .100-313-043 $20.88 100-401-030 $41.76 100-410-031 $41.76 100-313-044 $0.00 100-401-031 $41.76 100-411-001 $41.76 100-313-045 $41.76 100-401-032 $41.76 100-411-002 $41.76 100-313-046 $41.76 100-401-033 $41.76 100-411-003 $41.76 100-313-047 $41.76 100-401-034 $41.76 100-411-004 $41.76 100-313-048 $41.76 100-401-035 $41.76 100-411-005 $41.76 100-313-049 $41.76 100-401-036 $41.76 100-411-006 $41.76 100-313-050 $41.76 100-401-037 $41.76 100-411-007 $41.76 100-314-004 $41.76 100-401-038 $41.76 100-411-008 $41.76 100-314-005 $41.76 100-401-039 $41.76 100-411-009 $41.76 100-314-006 $20.88 100-401-040 $41.76 100-411-010 $41.76 100-321-016 $20.88 100-401-041 $41.76 100-411-011 $41.76 100-321-017 $20.88 100-401-042 $41.76 100-411-012 $41.76 100-321-019 $20.88 100-401-043 $41.76 100-411-013 $41.76 100-321-023 $0.00 100-401-044 $41.76 100-411-014 $41.76 100-321-025 $41.76 100-401-045 $41.76 100-411-015 $41.76 100-321-027 $20.88 100-410-004 $41.76 100-411-016 $41.76 100-321-028 $41.76 100-410-005 $41.76 100-412-001 $41.76 100-321-029 $41.76 100-410-006 $41.76 100-412-002 $41.76 100-321-031 $41.76 100-410-007 $41.76 100-412-003 $41.76 100-321-035 $20.88 100-410-008 $41.76 100-412-004 $41.76 100-321-038 $20.88 100-410-009 $41.76 100-412-005 $41.76 100-321-039 $41.76 100-410-010 $41.76 100-412-006 $41.76 100-321-040 $41.76 100-410-011 $41.76 100-412-007 $41.76 100-321-041 $45.52 100-410-012 $41.76 100-412-008 $41.76 100-321-043 $20.88 100-410-013 $41.76 100-412-009 $41.76 100-.321-044 $0.00 100-410-014 $41.76 100-412-010 $41.76 100-321-045 $41.76 100-410-015 $41.76 100-412-011 $41.76 100-401-009 $20.88 100-410-016 $41.76 100-412-012 $41.76 100-401-010 $20.88 100-410-017 $41.76 100-412-013 $41.76 2 CONTRA COSTA COUNTY • COUNTY LANDSCAPING AND LIGHTING DISTRICT A.D. 1979-3 (LL-2) PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 1997-98 ZONE 37 Assessor's Parcel Assessment Number Amount 100-412-014 $41.76 100-412-015 $20.88 100-412-016 $41.76 100-412-017 $41.76 100-412-018 $41.76 100-412-019 $41.76 100-412-020 $41.76 100-412-021 $41.76 100-412-022 $0.00 100-412-023 $0.00 100-420-001 $20.88 100-420-002 $41.76 100-420-003 $20.88 100-420-004 $41.76 100-420-005 $41.76 100-420-006 $41.76 100-420-007 $41.76 100-420-008 $20.88 100-420-009 $41.76 100-420-010 $41.76 100-420-011 $20.88 100-420-012 $20.88 100-420-013 $20.88 100-420-014 $20.88 100-420-015 $41.76 100-420-016 $0.00 100-420-017 $0.00 100-420-018 $41.76 100-420-019 $41.76 100-420-020 $41.76 Total Parcels: 288 Total Assessment: $10,536.06 3 �i Berryman. & Henigar BSI Consultants, Inc. . - Henigar&Aay, Inc. . PRELIMINARY ENGINEER'S REPORT FOR CONTRA COSTA 'COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT.(LL-2) CLYDE AREA BENEFIT ZONE 37 . Fiscal Year 1997-98 Prepared for: Contra Costa County Contra Costa County, California Prepared by. Berryman ,& Henigar April 15, 1997 ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 TABLE OF CONTENTS AgencyDirectory.............................................................................................. i Submittal and Acknowledgment....................................................................... ii Section I - Introduction.................................................................................... I Section II - Impacts of Proposition 218 ..........................................I................. 4 SectionIII -Report.......................................................................................... 6 Part A-Plans and Specifications............................................................8 Part B -Estimate of Cost.................................................................... 10 Part C - Assessment Roll..................................................................... 11 Part D -Method of Apportionment of Assessment.............................. 12 Part E -Property Owner List.............................................................. 17 Part F -Assessment District Diagram.................................................. 18 Appendix "A" - FY 1997-98 Assessment Roll (Under separate cover) CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 CONTRA COSTA COUNTY BOARD OF SUPERVISORS AND COUNTY STAFF Mr. Mark De Saulnier Chairman District No.4 Mr. Jim Rogers Ms. Gayle B. Uilkema Board Member District No. 1 Board Member District No. 2 Ms. Donna Gerber Mr. Joseph Canciamilla Board Member District No. 3 Board Member District No. 5 J. Michael Walford Director of Public Works Mr. Victor J. Westman Ms. Jeanne Maglio County Counsel Clerk of the Board of Supervisors a Mr. Stephen Weir County Clerk Berryman & Henigar Assessment Engineer M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC I ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 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 )(IIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California. Dated: By: J. Michael Walford Director of Public Works RCE No. 16670 I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with me on the day of , 1997. EJ Jeanne Maglio, County Clerk of the Board of Supervisors Contra Costa County, California r . By. x _ I HEREBY CERTIFY that the enclosed Engineer's Report, together with 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 , 1997. Jeanne Maglio, County Clerk of the Board of Supervisors Contra Costa County, California By: I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Contra 4' } Costa, on the day of , 1997. i; Jeanne Maglio, County Clerk of the Board of Supervisors Contra Costa County, California 3 By. r1 M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC it CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 1 SECTION I INTRODUCTION ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 HISTORY .0 The planning for Clyde's park system began in 1919 when Bernard Maybeck designed the lay-out for the company town of Clyde. Mr. Maybeck, a renowned architect and planner of the time, envisioned a pedestrian community with four parks; Clyde Park, Maybeck Nature Park, Marie Porter Park and Big Oak Tree Park. Since that time Clyde residents have continued to work toward bringing Mr. Maybeck's original parks plan to fruition. In 1970 the first steps toward development of Clyde Park began with the installation of a basketball backboard and merry-go-round. The community then searched for a way to save various areas in Clyde for park development. Creation of a new service area would provide park and recreation services in addition to the existing street lighting services. Culminating in a two- year effort by the community, on December 14, 1971, the Board of Supervisors voted t unanimously to convert the old County Service Area L-44, which had previously only handled street lighting for Clyde, to County Service Area M-16. The new Service Area afforded the F . community with the ad valorem tax revenues necessary to finance park construction and maintenance. In 1986 the tennis court was constructed at Clyde Park and in 1991 AA bond funds i were used to construct a basketball court at Marie Porter Park. In 1990, spearheaded by the Citizens Advisory Committee (CAC) for County Service Area M-16 (Clyde), the County hired a landscape architect to develop a Parks Master Plan for the town of Clyde. The Master Plan followed the original concept of the Town Plan of 1919 and included the four (4) original park sites: Clyde Park, Maybeck Nature Park, Marie Porter Park and Big Oak Tree Park. Development of the pan handle shaped Clyde Park would include new playground f ? equipment, drinking fountains, turf, irrigation system and picnic facilities. The 1/5 acre Marie Porter Park would provide a regional trail rest area on the northern end of the park and basketball courts at the southern end with shade trees in the middle. Big Oak Tree Park would incorporate a formal garden and play structure area on this 1/4 acre site. The design of Maybeck Nature Park, M:\PROJECTS\CONTRA\CONTRA97\W ORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 2 named after the architect of the 1919 Town Plan, orients pathways and shaded seating/picnic area so that the collection of native plants, herbs and perennials intended for this site are given center stage. The Parks Master plan process also generated a priority ranking for development of the ; four parks. The 2-acre Clyde Park site would be the first to be developed, followed by Marie Porter Park, then Big Oak Park and, finally, Maybeck Nature Park. s In 1991, the Parks Master Plan was completed. The community had revenue to construct park improvements, but needed money for the ongoing maintenance. On July 23, 1991, the Board of { Supervisors approved formation of Countywide Landscape Assessment District, Zone 37 for the express purpose of developing and maintaining park and recreational facilities in the town of Clyde. The original annual assessment was $40 per single family residential parcel and the current annual assessment is $41.76 per parcel. CLYDE PARK DEVELOPMENT In keeping with the 1991 Parks Master Plan, the Citizens Advisory Committee chose to develop Clyde Park first. Construction of Phase I began in 1993, funded by a combination of developer fees, public funds and private donations. Phase I construction consisted of a playground structure, concrete walkways, handicap access, tennis court fencing, irrigation, grading, drainage and turf. Phase I was completed in 1994 at a cost of approximately $150,000. ' Phase II construction consisted of trees and shrubs, planter boxes, picnic tables, irrigation and drainage. Phase II funding was from a combination of developer fees, property taxes and the Landscape/Lighting Assessment District Zone 37 funds and was completed in 1995 at a cost of approximately $90,000. To insure a flow of funds for the construction, operation, maintenance and servicing of specified improvements within the boundaries of Contra Costa County, the Contra Costa County Board of. Supervisors will ratify the Clyde Area Benefit Zone 37 in Landscaping and Lighting Assessment District (LL-2), (The 'District") this fiscal year to comply with the requirements of Proposition 218. The boundaries of the District are completely within the boundaries of the County of Contra R ` Costa. The costs of operation, maintenance and servicing of the improvements to be funded by the District will be apportioned to each parcel within the Benefit Zone in proportion to the special . benefit it receives. The method of assessment may be amended from time to time by the Contra Costa County Board of Supervisors, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year they may be subject to the noticing and balloting procedures referenced in Proposition 218.. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through'the assessment must be placed in a special fund and can only be used for the purposes stated within this report. M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC yr CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 3 As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 1997- 98, provides an estimated budget for the District, and lists the proposed assessments to be levied upon each assessable lot or parcel within the District. Public playground safety and accessibility standards are mandated by two legal requirements. The Americans with Disabilities Act (ADA) of 19901 became effective in 1992 and requires all public facilities (including playgrounds) be free of architectural barriers to access by January 1, 1995. Secondly, State legislation SB2733, mandates compliance with federal playground safety standards by the year 2000. Those standards are established by the American Society for Testing _ and Materials (ATSM) in their document "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use", and by the federal Consumer Products Safety Commission (SPSC) in their document "Public.Playground Handbook for Safety". Landscape and lighting zones that have existing playground, equipment that does not meet these federal and state guidelines must either be retrofitted or replaced. In those zones where the equipment does not meet the state and federal guidelines, in Fiscal Year 1995-96 (and beyond) funds will begin accruing to retrofit or replace the playground equipment in accordance with mandated guidelines. Following the approval of this preliminary report, either as submitted or as modified, the Contra Costa County Board of Supervisors will conduct a property owner election to determine if there is support to ratify the District. The Board will also hold a Public Hearing to provide an opportunity for any interested person to be heard. All property owners will be noticed in accordance with Proposition 218 prior to the Public Hearing. At the conclusion of the Public Hearing, the Contra Costa County Board of Supervisors may adopt a resolution confirming the levy of assessments as originally proposed or as modified unless a majority protest exists. Following the adoption of this resolution, the final assessor's roll will be prepared and filed with the County Assessor's office to be included on the FY 1997-98 tax roll. a , f t M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY , LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 4 SECTION II IMPACTS OF PROPOSITION 218 ENGINEER'S REPORT CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote On Taxes Act" which added Article 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. Proposition 218 also requires that with certain specified exceptions, all existing assessment districts must be ratified by the property owners within the District using the new procedures. The Contra Costa County Board of Supervisors has determined that Clyde Area Benefit Zone 37 of the Contra Costa County Landscaping and Lighting Assessment District (LL-2) must be y._ ratified by the property owners within the Benefit Zone 37. In order to comply with the requirements of Proposition 218, the District is implementing the following new procedures: a : 1 1) Every property owner in Benefit Zone 37 will receive.a ballot in the mail allowing the property owner to cast their vote on whether to ratify the District. The ballots will be accompanied by a notice describing the total assessment in the Benefit Zone 37, the individual property owners assessment, the duration of the assessment, the r ° reason for the assessment and the basis upon which the assessment was calculated. 2) The ballots which are returned within 45 days after mailing will be tabulated to determine whether a majority protest against the assessment exists. The ballots will be weighed based on the proportionate amount of the assessment. In other words, ballots cast by property.owners with higher assessments will count more than ballots cast by property owners with lower assessments. 3) Some publicly owned properties (generally those which are developed as opposed to open space) will now be assessed. However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the District will need to comply with the provisions of Proposition 218 for 3 M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 5 that portion of the increased assessment unless the increase in assessment was anticipated in the assessment formula (e.g., CPI increase). The County has also found agencies stating that if assessments were imposed as a condition of development and property owners agreed to the imposition of assessments and subsequently signed a development agreement confirming so, then this would suffice for the requirement of signing a petition. The more difficult question arises in those situations where the levy of assessments was imposed as a condition of approval for land development or subdivision where the property owner did not enter into a development agreement. In this case, if the landscape, park, or park lighting facilities and the resulting assessment is a condition of the land development or subdivisions approval and the property owner acquiesces to the levy of assessment, it is reasoned that this is a functional equivalent of giving express consent or signing a petition requesting the imposition of the assessment. Even the Howard Jarvis Taxpayers' Association seems to tacitly support this conclusion in its "Statement of Drafter's Intent". When discussing the exemption for existing assessments imposed pursuant to a petition, the taxpayers' association said: "This provision exempts most land secured financing arrangements used by developers." (:`f4 } S ' } fL ;p M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE-DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 6 SECTION III ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT(LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 : Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Intention, being Resolution No. , adopted by the Contra Costa County Board of Supervisors of the Contra Costa County, County of Contra Costa, State of California, in connection with the proceedings for: CONTRA COSTA COUNTY s LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 hereinafter referred to as the "District". I, J. Michael Walford, the duly appointed ENGINEER OF WORK, submit herewith this 'Report" consisting of six (6)parts as follows: t 1. PART A This part describes the improvements in the Benefit Zone 37. Plans and specification for the ' improvements are as set forth on the lists thereof, attached hereto, and are on file in the Office of F the County Clerk of the Contra Costa County;and are incorporated herein by reference. PART B . 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 are on file in the Office of the County Clerk of the Contra Costa County. M:\PROJECTS\CONTRA\CONTRA97\W O RD\CLYDE.DOC �3 ' r . CONTRA COSTA COUNTY - 'LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 7 PART C This part contains an assessment of the estimated cost of the improvements on each benefitted lot or parcel of land within the Assessment District. The Assessment Roll is filed in the Office of the County Clerk of the Contra Costa County Board of Supervisors and is incorporated in this Report as Appendix "A". PART D This part describes the method of apportionment of assessments, based upon parcel classification t of land within the Assessment District, in proportion to the estimated benefits to be received. PART E This part contains a list of the names and addresses of the owners of real property within this Assessment District, as shown on the last equalized roll of the Assessor of the County of Contra Costa. The list is keyed to the records of the Assessor of the County of Contra Costa which are incorporated herein by reference. PART F This part incorporates, by reference, a Diagram of the Assessment District showing the exterior boundaries of the Assessment District, and the lines and dimensions of each lot or parcel of land within the Assessment District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the County Clerk of the Contra Costa County Board of Supervisors. The, lines and dimensions of each lot or parcel within the Assessment District are those lines and x ; dimensions shown on the maps of the Assessor of the County of Contra Costa 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. i z M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 8 PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the Contra Costa County's Landscaping and Lighting Assessment District (LL-2) boundaries, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: DESCRIPTION OF IMPROVEMENTS CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 FISCAL YEAR 1997-98 The improvements which can be operated, maintained and serviced by the District Benefit Zone 37 consist of landscaping, public park and recreation facilities (and appurtenant facilities) j including, but not limited to personnel, electrical energy, utilities such as water, materials, a.: contractual services, and other items necessary for the facilities described below. Parks and Landscapine: The landscaping improvements which will be operated, maintained and serviced by the District Benefit Zone 37 consists of the following parks: Clyde Park: Grassed open play area ` Terraced planters along the picnic/open play area Tennis court Picnic/barbeque area. Playground structure Off-street parking � e Marie Porter Park: Basketball court Big Oak Park: Undeveloped at this time M:\PROJECTS\CONTRA\CONTRA97\WOPD\CLYDE.DOIC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 9 Maybeck Nature Park: Undeveloped at this time Landscaping improvements include, but are not limited to, landscaping, irrigation, hardscapes, trees, special paving, landscape walls, furnishings. such as pots, bollards, tree grates and appurtenant facilities as required to provide an aesthetically pleasing environment throughout the Benefit Zone 37. Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, public park and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the. landscaping, public park and recreational facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste. Servicing means the furnishing of water for the irrigation of the landscaping, and the maintenance W of any lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public .park and recreational facilities or appurtenant facilities. The plans and specifications for the improvements are on file in the Department of Public Works in Contra Costa County. �i M:\PROIECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY ' LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 10 PART B ESTIMATE OF COST The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, street lighting and park and recreational facilities can be recovered by the Benefit Zone 37 assessments. Maintenance can include the repair and replacement of existing facilities. Servicing can include electrical and associated costs from a public utility. Incidental i expenses, including administration of the Benefit Zone 37, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process r can also be included. The operation, maintenance and servicing costs for Fiscal Year 1997-98 are summarized below. These cost estimates were provided by Contra Costa County and are summarized below. »;»<: > < .....+lr.. ... erste `..: a ...: .....................................x::e.....Stu.: .::..::::...Rev....:.ue::...:.._..::::.............:::.....::.:.::::: ::... ::...:...::..:::::::....:::::::::......::::............:::::........:.::.:::::. :::::.:::.P...:.:::....:.....::::........::::...........:::::.: .......:::.:......_.._::...:........:::::.,........ ............. ..:..:::::::.::.::.........:..:.................... .... 1 :. F....................................................................................................:::::.::::::..:: .;:.;::.::.;:.;:.:E.::t>m::::eS_:;:.;::_.;:.::.;:.;:;:: pfal ::;:::.:.::.:. FY 1997-98 Assessments $ 10,000 Subtotal $ 10,000 $ 10,000 4 . Operation and Maintenance ($ 5,000) Administrative Costs, Insurance ($ 2,000) Utilities ($ 2,000) County Levy Code Fee and Levy Adjustments; ($ 1,000) f County Collection fees, etc. Subtotal ($ 10,000) (S 10,000) Ending Fund Balance ($ 10,000) $ 10,000 ($ -0- ) F? The 1972 Act requires that a special trust fund be set up for the revenues and expenditures of the Benefit Zone 37. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to Contra Costa County may be made to reduce assessments, as the Contra Costa County Board of Supervisors deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital ►.> improvements and operating reserves.i P P g E i M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 11 PART C ASSESSMENT ROLL The proposed assessments and the amount of assessments for Fiscal Year 1997-98 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's Office, are on file in the Office of the County Clerk. The description of each lot or parcel is part of the records of the Assessor of the County of Contra Costa and these records are, by reference, made part of this Report. The total proposed assessment for the FY 1997-98 is $10,000.00. a�s M:\PROJECTS\CONTRA\CONTRA97WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 12 PART D METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL 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 2- landscaping, street lighting and park and recreational facilities. f , Section 22573 of the Landscape 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 E ) 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 r ' Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." { ' In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article IIIA of the California Constitution. ' The 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 1 will receive different degrees of benefit from the improvement" (Sec. 22547). 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 2111 convincing evidence that those properties receive no special benefit from the assessment. Excepted 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. i# M:\PROJECTS\CONTRA\CONTRA97\W ORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 13 DISTRICT-WIDE BENEFITS Improvements that provide a special benefit to all developed parcels of land located within the boundaries of the District are considered to be district-wide benefits, and the costs associated with these improvements are assessed to all assessable developed parcels located within the boundaries of the District. PARKS BENEFIT ANALYSIS The overall quality of life and desirability of an area is enhanced, when public park and recreational facilities are in place, improved, operable, safe, clean and maintained. Conversely, property desirability decreases when park and recreational facilities are unsafe or destroyed by the elements or vandalism. Property desirability in an area also increases when there is an increase in the number of parks, recreation centers and sports facilities. These park and recreational facilities enable property owners to participate in sporting events, leisure activities, picnics, organized social events and other miscellaneous activities. Studies in a number of communities, including counties and cities throughout the United States, have indicated that recreation areas and facilities, if well maintained and wisely administered, have caused a marked increase in the property values of parcels in the community. Consequently, such recreation and park facilities have proved to be an important factor in maintaining a sound economic condition and a high standard of livability in the community. These studies confirm the opinion long held by planning authorities as to the economic value of parks and recreational facilities in a community. "The recreation value is realized as a rise in the value of land and other property in or near the recreation area, and is of both private interest to the landowner and others, holding an economic stake in the area, and of public interest to the taxpayers, who have a stake ...... (National Recreation and Park Association, June 1985) s{ "Recreation and park amenities are central components in establishing the quality of life in a community. ... [businesses'] main resource is their employees for whom quality of life is an important issue.. The availability and attractiveness of local parks and programs influences some �> companies relocation decisions. ... the presence of a park encourages real estate development around it...." (California Parks& Recreation, Winter 1997) The benefit of parks and other recreational facilities to residential and commercial/industrial properties has been summarized by a number of studies. The United States Department of the Interior, National Park Service, in a publication of June 1984, concluded that: g • -"Parks and recreation stimulate business and generate tax revenues." • "Parks and recreation help conserve land, energy, and resources." M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY _- LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 14 i, • "An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property values." • "Public recreation benefits all employers by providing continuing opportunities to maintain a level of fitness throughout one's working life, and through helping individuals cope with the stress of a fast-paced and demanding life." Proper maintenance and operation of the parks within the District benefits those properties within the service areas of the parks by providing environmental quality and recreational enhancement. The amount of benefit received will vary with the different land use on the property. There are two categories from which the total benefit of a parcel is derived: E 1. Environmental Quality Benefit. The improvement of the quality of air, visual aesthetics and attractiveness of the community as a place to live and work and do business. 2. Recreation Enhancement Benefit. The availability of usable and safe park and recreational facilities. Recent studies have shown that adequate park and recreation facilities and recreation programs helps to reduce crime and vandalism. This results in less savings to property owners and improved property values and promotes the well being of the community. ASSESSMENT METHODOLOGY The total operation, maintenance and servicing cost for the landscaping, and public park facilities are apportioned in accordance with the methodology that is consistent with standard assessment engineering practices. The method for spreading the costs to each parcel is based on the Equivalent Dwelling Unit (EDU) factor. t Since the assessment is levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread 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 spread to each parcel of land based on the -- number ofEDU's associated with each particular parcel. The single family residential parcel has been selected as the basic unit for the calculation of . assessments and is defined as one (1) Equivalent Dwelling Unit (EDU). Commercial and industrial parcels also receive special benefit because of increased property values and the ability Ell to have their workers and patrons use the park and recreational facilities. Commercial and industrial parcels are assessed based on their respective parcel acreage because larger parcels have 1' the ability to generate larger pedestrian flows. The methodology used to assign EDU's to other land uses in proportion to the benefit they receive relative to the single family residential parcel. l Developed Single Family Residential. The developed single family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an M:\PROJECTSNCONTRA\CONTRA97\WORDNCLYDE.DOC :m CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 15 Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per the Contra Costa County land use code are assessed one (1.00) EDU. Developed Multiple Residential. The EDU's for land designated as developed multi-family uses which includes condominiums, mobile homes and apartments are assessed a factor of one-half (0.50) EDU per dwelling unit, e.g., a parcel with a 100-unit apartment would be assessed 50 EDU's. Based on data from representative cities in Northern California, the multiple family residential factor of 50 percent is determined by the reduction in population and activity associated with these types of residential uses. Developed Commercial/Industrial, Recreational, Institutional and Other Miscellaneous s Uses. Developed commercial and industrial properties include commercial, industrial, recreational, institutional and other miscellaneous uses per the Contra Costa County land use codes. The parcels are assessed based upon the acreage of the parcel. In converting developed commercial, industrial properties to EDU's, one (1.00) EDU is assessed for the first acre or any portion thereof, one (1.00) EDU/acre for each additional acre up to a maximum of three (3.00) EDU's (3.00 acres). The minimum number of EDU's per parcel will be one (1.00) EDU. Li Vacant property is described as parcels with no improved structures. Property values increase for undeveloped parcels when public infrastructure improvements are installed and well maintained. Vacant Single Family Residential. Parcels defined as vacant single family residential parcels will be assessed'at 50% of the developed single family rate. Vacant Non-Single Family Residential. Parcels defined as vacant non-single family residential will be assessed at a 50% of the developed commercial/industrial rate. These parcels include vacant multi-family residential, commercial, industrial, recreational, institutional and other miscellaneous parcels. These parcels will be assessed at 0.50 EDU's per acre or any portion thereof, with a minimum of 0.50 EDU's per parcel and a maximum of 1.50 EDU's per parcel (3.00 acres). Incremental acreage greater than 3.00 acres is considered to be open space area and therefore receives no further assessment. F Exempt. Parcels of land listed on the County Assessor's record with tax-exempt status with the possible exception of some public property, as well as public utilities will not be assessed. The ` EDU's on all parcels which are tax exempt will be calculated on the basis of similar land uses if l these are_improvements which appear on the unsecured roll. The EDU's for these improvements are included in the appropriate land use classification. Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, �..3 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. t� b f? a Et:A M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) ' CLYDE AREA BENEFIT ZONE 37 PAGE 16 The land use classifications used for each parcel are based on the March 1, 1997 Contra Costa County Assessor's Roll. A summary of the parcel information and EDU's is shown on table below. arcelSumma . .: 1ytEe Beni Zone ;.;:.::: .::::::::::::: .......... Parcels ........CDU s Single Family Home 249 236 -Vacant S/F-Unbuildables 5 8.21 Condos 0 0 Multiple Dwelling Units 3 3 Vacant M/F 1 0.50 Commercial-Community Facility 1 0 Vacant Commercial Unbuildable 1 0 Industrial 4 1.09 Vacant Industrial 1 0.50 Institutional 0 0 Public Properties 7 0 Rural Misc.Property 0 0 Total 288 252.3 The Clyde Area Benefit Zone 37 of the Contra Costa County Landscaping and Lighting Assessment District (LL-2) was formed to provide a funding source for the operation, ` maintenance and servicing of landscaping, street lighting and public park and recreational facilities -= within the boundaries of the Benefit Zone 37. Typical rates are shown in the following table: XXe Benef....�uNr�e.3......::::.::.:.:::...:::::::.:.:..:....::..::::..:....:. .:::::::: .............................:...............................................:.....:..:..:.::......... ......................................... yp......::...................................................................:::::.::::: :::::::::::.::.::::..::::::.:: ::.:::::::::. No.of No. of No. of FY 1997-98 FY 1997-98 J Land Use Units Acres EDU's Assessment Assessment per EDU Residential/Single Family 1.0 N/A 1.00 $41.76 $41.76 1 Condominiums 1.0 N/A 0.50 $41.76 $20.88 Apartments 4.0 N/A 2.00 $41.76 $83.52 s Vacant S/F Residential N/A N/A 0.50 $41.76 $20.88 i4 i Commercial/Industrial N/A 4.00 3.00 $41.76 $125.28 1.00 EDU Minimum/ac& 3.00 EDU's Maximum/ac Vacant Comm/Industrial N/A . 3.00 1.50 $41.76 $62.64 0.50 Minimum/ac& 1.50 EDU's Maximum/ac l'1 M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC J ' 4 CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 - PAGE 17 PART E PROPERTY OWNER LIST A list of names and addresses of the owners of all parcels within Benefit Zone 37 of the Contra Costa County's Landscaping 'and Lighting Assessment District (LL-2) is shown on the last equalized Property Tax Roll of the Assessor of the County of Contra Costa, 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 on file in the Office of the County Clerk of the Contra Costa County Board of Supervisors. s I i ' M:\PROJECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC i CONTRA COSTA COUNTY LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT (LL-2) CLYDE AREA BENEFIT ZONE 37 PAGE 18 PART F ASSESSMENT DISTRICT DIAGRAM The boundaries of the Contra Costa County's Landscaping and Lighting Maintenance District Benefit Zone 37 are within the boundaries of Contra Costa County. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the } , maps of the Assessor of the County of Contra Costa, for the year in which this Report was prepared, and are incorporated by reference herein and made part of this Report. A reduced copy of the Assessment Diagram is attached on the following page. F t: 't S.r 1 f tJ M:\PRO)ECTS\CONTRA\CONTRA97\WORD\CLYDE.DOC DOM DSD Xmm I it o I I o I� 1) %! D Q) kMIDDff§EX ST. I C>j z tl o r- o II o ti g to t II > I It \ t LA a ESSEX ST. I I II \ A II p ! z al i cnrn I \\ y (n' gUSSEX ST N m \ w \ rn m .1D7 n Z I z u IL N�� " I N p I o n D 1 I Z v C ,fj(t o m O p z > ( I W N a 11 rn E 1 �i CONTRA COSTA COUNTY COUNTY LANDSCAPING AND LIGHTING DISTRICT ' A.D. 1979-3 (LL-2) PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 1997-98 ZONE 37 Assessor's Assessor's Assessor's Parcel Assessment Parcel Assessment Parcel Assessment Number Amount Number Amount Number Amount 100-280-018 $49.28 100-301-006 $41.76 100-303-015 $41.76 100-280-020 $20.88 100-301-007 $41.76 100-303-016 $41.76 100-280-023 $0.00 100-301-008 $41.76 100-303-019 $41.76 100-280-026 $22.14 100-301-009 $41.76 100-304-002 $41.76 100-291-002 $41.76 100-301-010 $41.76 100-304-007 $41.76 100-291-003 $20.88 100-301-011 $41.76 100-304-008 $41.76 100-291-004 $41.76 100-301-012 $20.88 100-311-001 $0.00 100-291-005 $41.76 100-301-013 $41.76 100-311-006 $41.76 100-291-006 $41.76 100-301-014 $41.76 100-311-007 $41.76 100-291-008 $41.76 100-301-015 $41.76 100-311-008 $41.76 100-291-012 $41.76 100-301-016 $41.76 100-311-009 $20.88 100-291-013 $41.76 100-301-017 $41.76 100-311-010 $41.76 100-291-014 $41.76 100-301-018 $41.76 100-311-011 $41.76 100-291-015 $41.76 100-302-001 $20.88 100-311-012 $41.76 100-292-002 $41.76 100-302-002 $41.76 100-311-013 $41.76 100-292-003 $41.76 100-302-003 $41.76 100-311-014 $41.76 100-292-004 $41.76 100-302-004 $20.88 100-311-015 $41.76 100-292-005 $41.76 100-302-005 $41.76 100-311-016 $41.76 100-292-006 $41.76 100-302-006 $41.76 100-311-017 $41.76 100-292-007 $20.88 100-302-007 $41.76 100-311-018 $41.76 100-292-008 $41.76 100-302-008 $41.76 100-311-019 $41.76 100-292-009 $41.76 100-302-009 $41.76 100-311-020 $41.76 100-292-013 $41.76 100-302-010 $41.76 100-311-021 $41.76 100-292-014 $41.76 100-302-011 $41.76 100-311-022 $41.76 100-292-015 $41.76 100-302-012 $41.76 100-311-023 $41.76 100-293-001 $41.76 100-302-013 $41.76 100-311-024 $41.76 j 100-293-002 $20.88 100-302-014 $41.76 100-311-025 $41.76 100-293-003 $41.76 100-302-015 $41.76 100-312-001 $41.76 100-293-005 $41.76 100-302-016 $41.76 100-312-002 $41.76 100-293-006 $41.76 100-302-017 $20.88 100-312-003 $41.76 1 100-293-007 $20.88 100-303-002 $41.76 100-312-004 $20.88 100-293-008 $20.88 100-303-003 $41.76 100-312-005 $41.76 100-293-009 $20.88 100-303-004 $41.76 100-312-006 $20.88 100-293-013 $41.76 100-303-005 $41.76 100-312-007 $41.76 100-293-015 $20.88 100-303-006 $20.88 100-312-008 $41.76 ` 100-293-016 $41.76 100-303-007 $41.76 100-312-009 $41.76 100-293-017 $41.76 100-303-008 $20.88 100-312-010 $41.76 100-293-018 $41.76 100-303-009 $41.76 100-312-011 $41.76 100-295-003 $0.00 100-303-010 $41.76 100-312-012 $41.76 -- 100-301-001 $41.76 100-303-011 $41.76 100-312-013 $41.76 100-301-002 $41.76 100-303-012 $41.76 100-312-014 $41.76 'f 100-301-004 • $41.76 100-303-013 $41.76 100-312-015 $20.88 :a 100-301-005 $41.76 100-303-014 $20.88 100-312-016 $0.00 ��� 1 CONTRA COSTA COUNTY " COUNTY LANDSCAPING AND LIGHTING DISTRICT A.D. 1979-3 (LL-2) PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 1997-98 ZONE 37 Assessor's Assessor's Assessor's Parcel Assessment Parcel Assessment Parcel Assessment Number Amount Number Amount Number Amount 100-312-022 $20.88 100-401-011 $41.76 100-410-018 $41.76 100-313-015 341.76 100-401-012 $41.76 100-410-019 $41.76 100-313-018 $20.88 100-401-013 $41.76 100-410-020 $41.76 100-313-020 $41.76 100401-014 $41.76 100-410-021 $41.76 100-313-021 $41.76 100-401-015 $41.76 100=410-022 $41.76 100-313-023 $0.00 100401-017 $0.00 100-410-023 $41.76 100-313-025 $41.76 100-401-018 $0.00 100-410-024 $41.76 100-313-028 $41.76 100-401-024 $41.76 100-410-025 $41.76 100-313-029 $41.76 100-401-025 $41.76 100-410-026 $41.76 100-313-032 $20.88 100-401-026 $41.76 100-410-027 $41.76 100-313-034 $41.76 100-401-027 $41.76 100-410-028 $41.76 100-313-041 $41.76 100-401-028 $41.76 100-410-029 $41.76 100-313-042 $0.00 100-401-029 $41.76 100-410-030 $41.76 1 100-313-043 $20.88 100-401-030 $41.76 100-410-031 $41.76 100-313-044 $0.00 100-401-031 $41.76 100-411-001 $41.76 100-313-045 $41.76 100-401-032 $41.76 100-411-002 $41.76 100-313-046 $41.76 100-401-033 $41.76 100-411-003 $41.76 100-313-047 $41.76 100-401-034 $41.76 100-411-004 $41.76 100-313-048 $41.76 100-401-035 $41.76 100-411-005 $41.76 100-313-049 $41.76 100-401-036 $41.76 100-411-006 $41.76 100-313-050 $41.76 100-401-037 $41.76 100-411-007 $41.76 100-314-004 $41.76 100401-038 $41.76 100-411-008 $41.76 100-314-005 $41.76 100401-039 $41.76 100-411-009 $41.76 100-314-006 $20.88 100-401-040 $41.76 140-411-010 $41.76 100-321-016 $20.88 100-401-041 $41.76 100411-011 $41.76 ' 100-321-017 $20.88 100401-042 $41.76 100-411-012 $41.76 ;.; 100-321-019 $20.88 100-401-043 $41.76 100-411-013 $41.76 100-321-023 $0.00 100-401-044 $41.76 100-411-014 $41.76 100-321-025 $41.76 100401-045 $41.76 100-411-015 $41.76 100-321-027 $20.88 100-410-004 $41.76 100-411-016 $41.76 100-321-028 $41.76 100-410-005 $41.76 100-412-001 $41.76 100-321-029 $41.76 100-410-006 $41.76 100-412-002 $41.76 • 100-321-031 $41.76 100-410-007 $41.76 100-412-003 $41.76 100-321-035 $20.88 100-410-008 $41.76 100-412-004 $41.76 r, 100-321-038 $20.88 100-410-009 $41.76 100-412-005 $41.76 ; " 100-321-039 $41.76 100-410-010 $41.76 100-412-006 $41.76 'a 100-321-040 $41.76 100-410-011 $41.76 100-412-007 $41.76 100-321-041 $45.52 100410-012 $41.76 100412-008 $41.76 100-321-043 $20.88 100410-013 $41.76 100-412-009 $41.76 100-321-044 $0.00 100-410-014 $41.76 100412-010 $41.76 100-321-045 $41.76 100-410-015 $41.76 100412-011 $41.76 { 100-401-009 $20.88 100-410-016 $41.76 100-412-012 $41.76 d.i 100-401-010 $20.88 100-410-017 $41.76 100412-013 $41.76 2 CONTRA COSTA COUNTY COUNTY LANDSCAPING AND LIGHTING DISTRICT A.D. 1979-3 (LL-2) PRELIMINARY ASSESSMENT ROLL FISCAL YEAR 1997-98 ZONE 37 Assessor's Parcel Assessment Number Amount 100-412-014 $41.76 100-412-015 $20.88 100-412-016 $41.76 100-412-017 $41.76 100-412-018 $41.76 100-412-019 $41.76 100-412-020 $41.76 i 100-412-021 $41.76 100-412-022 $0.00 100-412-023 $0.00 100-420-001 $20.88 100-420-002 $41.76 100-420-003 $20.88 va 100-420-004 $41.76 100-420-005 $41.76 100-420-006 $41.76 100-420-007 $41.76 100-420-008 $20.88 100-420-009 $41.76 100-420-010 $41.76 100-420-011 $20.88 100-420-012 $20.88 100-420-013 $20.88 100-420-014 $20.88 100-420-015 $41.76 100-420-016 $0.00 100-420-017 $0.00 100-420-018 $41.76 100-420-019 $41.76 {_ 100420-020 $41.76 Total Parcels: 288 Total Assessment: $10,536.06 w i 3 > ::O� zc: MC)r PZcoI, m Ul_r fJ3z M CD 3_4 cl) to Ol Oz m Cl m Ma 0 zcm ;s o m- CC.) Ow 7. Z -0 a am(n -Z V.0 Q00 wMZ(nMNCU) > 00 CA U)c 0 c) U) =) =r IMAD s�! 7 roll rwi- CD mo 0 to 0 =3 -4z Z CD 0 -n m to .o VZ 0 un Z< co co -n C7ymw I > Im o FL CL CD rl 8 m m "0 CD 06 0 co CA FnMM - I to *n 9752. m a *A c C#) < (D !j m mom o N as -.e tv r. 0 c rn, 0 m (am v c0n mEn M Q) w I th CD 0 (D C)m . -4 CD lzv( to U) 0 0 Z Z < V, fn m c tr z z m (c) =r m 0 -. Fn to O En M r4. Enz 73 IS, ch (D z 4- 0 (D D (D Oo m m :n sun Zn sons INNO 0 Z om z =9 -4 0 ch > C)m U3 m m 0 (1) 0 w A m 0 c § .0 O * �i 2 :5 ->4 Z-4 81 Vc: m 0.4 moW 10 m m a -4 m Mo mx C m 0 2 1�>cf) 0 cm ? z o t- z m z 0 m mp 0 Oo c 00 0 M I a 3: (D 0 0 m 0 m m x m fn §0"n mc U3 ► m Ul > )D 7 _r4 0 -,D z c m mo 0 z En > m 3 00 > z 00 EA 00 7�& "Notice is hereby given that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107, at 651 Pine Street, Martinez, California, to hold a public hearing on July 8, 1997, at 2:00 p.m., to consider comments of any interested person, either written or oral, to the Engineer's Report and annual charges for Landscape Assessment District (LL-2), Zone 37 for ongoing grounds maintenance and park improvements in the Clyde area. A copy of the Engineer's Report is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, California, and the Public Works Department, 255 Glacier Drive, Martinez, California." Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Attest: May 6, 1997 By. Deputy 'rley Casiiias Publication Dates: June 11, 1997 y:� m�xsas.ea, 30,1oei� A ' "Notice is hereby given that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107, at 651 Pine Street, Martinez, California, to hold a public hearing on July 8, 1997, at 2:00 p.m., to consider comments of any interested person, either written or oral, to the Engineer's Report and annual charges for Landscape Assessment District (LL-2), Zone 37 for ongoing grounds maintenance and park improvements in the Clyde area. A copy of the Engineer's Report is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, California, and the Public Works Department, 255 Glacier Drive, Martinez, California." Phil Batchelor, Clerk of the Board of Supervisors and County Administrator Attest: May 6, 1997 By: Deputy S "rley Casillas Publication Dates: June 11, 1997 g 1 E n g Svc\martin\n ots d 5.t4 April 30,1997 A Notice hereby given that , PROOF OF PUBL4(3ATION the Bis toardSupervisors Of Contra Costa County will s meet In the Board Chambers, Roomoa I n e 7. a.t, 65 Street C' Pine'Mailfomia, to hold public hearing on July 8,1997,at 2:00 p.m.,to STAT)t OF CAUFORN(A consider comments of any Interested person,either writ- County Of Contra Costa ten or oral,to the Engineer's Report and annual charges am a cItIzen of the United States and a resident of the for Landscape Assessment District (LL-2), Zone 37 for ongoing grounds mainte- County aforesaid.- I am over the age Of el()hteen years, nance and park improve- and not a Party to or-interested In the above-entitted ens In thEne giClyde Rea reort A matter. is coon y of the 's R file with the Clerk ofpthe Board of Supervisors, 651 Pine Street,Room 106,Marti- ( am the Ptin0lPal U-Cial Clerk of the Contra Costa Times, nez,California,and the Public Department,255 - a newspapersPaPer Of Oeneral circufation, printed and pub- cier Works Drive, Martinez, CaGlalifor- Ush0d at 2640 Shade(ands Orive In the. City o('Wainut nia. Creek County Of Contra Costa, 94598. Phil Batchelor Clerk of the Board of Supervisors and -1-nd vvh.1c.1i newspaper has been adjudged a newspaper "Adm.nCift.� Of general circulation by the Superior Court of the County Attested:May 6,1997 Dgu Shirley Casillas Otto Costa, State Of California, under th4 date of Push e I CC 11 53 C>CtOiber 22, 1934. Case Number 19764. Pug h:June 11,1997 fis The notice, Of which the annexed is a printed copy(set In type not smaller than nonparelf), has been published In each regular and entire Issue of said newspaper and not in any supplement thereof on the (0110VAng dates, to-wit: ...j-(k-t^ Q - ................................... ...................... all In the year o( 19 97 I certify (or declare) under penalty of perjury that the fOrGOO(no Is true and correct. Executed at Walnut Creek, California. On Is +1A day of ... .......... Signature . .............................I................... Contra Costa Mmes P-0- BOX 4147 Walnut Creek CA 94596 (510).935-25IZ5 Proof of Publication of: .(attached is a cOPY Of the !Coal advertisement thit pub- RECEIVED JUN 1 61997 CLERK BOARDOF U ORS CONTRA COSTA CO.__