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HomeMy WebLinkAboutMINUTES - 05252004 - D.4 - `=-- . Contra Costa TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR DATE: May 25, 2004 SUBJECT: Report on Proposed Open Space Funding Measure SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1) APPROVE Framework for An Open Space Protection and Enhancement Funding Measure for Contra Costa County ("Framework") and related map, Overview of Spending Priorities: Open Space Protection and Enhancement Funding Measure; 2) APPROVE and AUTHORIZE Chair to execute the Joint Exercise of Powers Agreement with the East Bay Regional Park District; 3) AUTHORIZE the Contra Costa County Open Space Funding Authority ("Authority") to use the County seal on official Authority documents as part of the Authority logo; 4) APPROVE and AUTHORIZE the Community Development Director, or his designee,to negotiate and execute a contract with Carol Keane & Associates, effective through October 31, 2004, for an amount not to exceed $31,250, to provide tabulation services for the assessment ballot proceeding. CONTINUED ON ATTACHMENT: - -0 X YES SIGNATURE QCT t/(2ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURE(S): ACTION OF B D ONMp,Y 25. 2004 APPROVED AS RECOMMENDEDx _ OTHER X SEE ATTACE]ED VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE x UNANIMOUS (ABSENT row, ) AND CORRECT COPY OF AN ACTION TAKEN TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON ABSENT: ABSTAIN: THE DATE SHOWN. Contact: John Kopchik (925-335-1227) ATTESTEDr& 2s, 2004 cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF County Administrator THE BOARD OF SUPERVISORS Treasurer AND COUNTY ADMINISTRATOR Auditor/Controller County Counsel Clerk/Recorder � Tax Collector BY r � C �� ,DEPUTY Assessor Public Works Agricultural Commissioner G:\Conservation\open_space\board_orders\5-25-04\board_order 5-25-04.doc 4 Report on Proposed Open Space Funding Measure May 25, 2004 Page 2 of 3 FISCAL IMPACT Costs to develop the Open Space Funding Measure over the last year of the planning process have been funded from the Dougherty Valley Regional Enhancement Fund, consistent with Board action on November 12, 2002. Should the Board elect to enter into a Joint Exercise of Powers Agreement with the East Bay Regional Park District to form the Contra Costa County Open Space Funding Authority ("Authority"), and should the Authority elect to proceed with formation of an assessment district, the costs of forming the assessment district through a ballot process, including the $31,500 cost of tabulation, would be funded from the Regional Enhancement Fund as well. Approximately $80,000 of the Regional Enhancement Fund has been spent or committed to pay for work by staff and assessment engineering. Of the $450,000 allocated by the Board on November 12, 2002, approximately $370,000 remains unspent or uncommitted. Remaining funds would be used for conducting an assessment ballot proceeding and tabulating the assessment ballots if the Board authorizes the County's participation in the Authority and the Authority governing board authorizes the assessment ballot proceeding. A summary of estimated costs is provided below: Consultant costs to prepare Engineer's Report: $ 20,500 Staff costs*: 60,000 Ballot preparation, printing, postage and return postage: 3191000** Ballot tabulation: 311250** Future staff costs': 15,000** Total: $4451750 *Includes estimated Community Development Department staff costs to manage development of the measure and County Counsel review and assistance. **Not spent or committed 'Includes staff costs to manage the assessment ballot process to its conclusion, if authorized. Should the proposed measure succeed, the Regional Enhancement Fund will be repaid from the proceeds for costs as allowed by law. Staff costs could not be repaid, but costs incurred in the preparation of the Engineer's Report, ballot printing/ postage, and ballot tabulation could be repaid. Consequently, staff estimates that approximately $370,000 of the formation costs could be repaid if the measure proceeds and is approved. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 18, 2004, the Board of Supervisors accepted a status report on the Proposed Open Space Funding Measure, reviewed draft documents related to the measure, and scheduled a decision on the Framework and the Joint Exercise of Powers Agreement for May 25, 2004. The Board of Supervisors also directed revisions to the Framework and requested that staff respond to certain questions posed during the public comment period. Framework: Attached please find a revised final draft of the Framework. As directed by the Board on May 18, 2004, the Framework has been revised to include two additional seats on the Citizens' Oversight Committee, one for the Contra Costa Water District and one for the East Bay Municipal Utility District. Minor typographical errors in the May 18, 2004, version of the Framework have also been corrected. 0 1 Report on Proposed Open Space Funding Measure May 25, 2004 Page 3 of 3 Staff recommends that the Board of Supervisors adopt the Framework and the map of expenditure priorities as the guiding document for implementation of the measure. If the Board adopts the Joint Exercise of Powers Agreement, the Authority will also consider adoption of the Framework. Joint Exercise of Powers Agreement: Attached please find the final version of the Joint Exercise of Powers Agreement. Other than removal of the "Draft" label, no changes have been made to the version presented on May 18, 2004. The East Bay Regional Park District Board of Directors unanimously approved the Joint Exercise of Powers Agreement on May 18, 2004. Ballot tabulation: On April 15, 2004, staff circulated a Request for Proposals for assessment ballot tabulation services. Three proposals were received. Based on a review of the proposals received, staff recommends the Board authorize a contract with Carol Keane & Associates, an accounting firm based in Walnut Creek that offered the most thorough proposal, well qualified staff, and the most competitive price. The County Clerk/Recorder has offered to provide a location for ballot tabulation. If the tabulation contract is approved and the assessment ballot proceeding is initiated by the Authority, ballots would be mailed to the County Elections Department. Carol Keane &Associates would tabulate the ballots at the County Elections Department when directed to do so by the Authority after the close of the ballot return period. Response to questions raised during public comment on May 18, 2004: A separate report with this information will be provided to the Board of Supervisors as soon as possible and not later than 24 hours in advance of the meeting, as required by the Better Government Ordinance. Additional background: Additional background information on the Open Space Funding Measure and its history is provided in past reports to the Board of Supervisors on this topic, including the May 18, 2004, report. To avoid unnecessary duplication, past reports to Board of Supervisors are not attached to this report but are available from staff upon request. Project website: A dedicated website has been used throughout the planning process to provide notice of meetings and to make a wide variety of planning documents available to the interested public. The website can be accessed from the following url: www.cocoopenspace.orq- , For those without Internet access, materials continue to be accessible by contacting staff at 925-335-1290. Attachments: • Framework for An Open Space Protection and Enhancement Funding Measure for Contra Costa County ("Framework") and map of expenditure priorities • Joint Exercise of Powers Agreement G:\Conservation\open_space\board—orders\5-25-04\board order-5-25-04.doc ADDENDUM DA May 25, 2004 On this date, the Board the Board considered approving framework for an Open Space Protection and Enhancement Funding Measure for Contra Costa County; approving and authorizing the Chair, Board of Supervisors, to sign a Joint Exercise of Powers Agreement with the East Bay Regional Park District; and approving and authorizing the Community Development Director, or designee, to execute a contract with Carol Keane and Associates in an amount not to exceed $31,250 to provide tabulation services for the assessment ballot proceeding through October 31, 2004. The Chair invited comments from the public. The following individuals addressed the Board: John Wolfe, 5650 Lewis Way, Concord; Ken Hambrick, 365 Nob Hill Drive, (Alliance of Contra Costa Taxpayers) Walnut Creek; Ron Brown, 61 Kevin Court, (Save Mt. Diablo), 61 Kevin Court, Walnut Creek; Kris Hunt, 838 Escobar Street, (Contra Costa Taxpayers Association, Martinez; Robert Doyle, 2950 Peralta Oaks Court, (East Bay Regional Parks), Oakland; Leslie Stewart, 500 St. Mary's Road,#14, Lafayette, (League of Women Voters of Diablo Valley); Smitty Schmidt, 2394 Ironwood Place, Alamo; Henry Alker, 155 Montgomery Street#504, San Francisco; George McRae, 5810 Barrett Avenue, E1 Cerrito; David Reid, 1601 North Main, Walnut Creek, (Greenbelt Alliance); Suzanne Jones, 1285 Bollinger Canyon Road,Moraga. After further discussion, the Board made the following recommendations: • APPROVED framework for an Open Space Protection and Enhancement Funding Measure for Contra Costa County ("Framework") and related map, Overview of Spending Priorities: Open Space Protection and Enhancement Funding Measure; • REVISED framework on page 18 to indicate that representatives nominated by the Contra Costa County Water District and East Bay Municipal Utility District would be ratified by the Joint Powers Authority Executive Committee; APPROVED and AUTHORIZED Chair to execute the Joint Exercise of Powers Agreement with the East Bay Regional Park District; • AUTHORIZED the Contra Costa County Open Space Funding Authority ("Authority") to use the County seal on official authority documents as part of the Authority logo; • APPROVED and AUTHORIZED the Community Development Director, or his designee, to negotiate and execute a contract with Carol Keane & Associates, effective through October 31, 2004, for an amount not to exceed $31,250, to provide tabulation services for the assessment ballot proceeding. CONTRA COSTA COUNTY = "_-=� COMMUNITY DEVELOPMENT DEPARTMENT �_.�.,, _ 651 Pine Street, N. Wing 4th Floor y� - Martinez, CA 94553 Telephone: 335=1210 Fax: 335=1222 TO: Members,, Board of Supervisors FROM: Dennis M. Barry, AICP, Community Development Director By: Patrick Roche, Principal Planner, Advance Planning Division?�z� DATE.- May 25, 2004 SUBJECT: Potential Schedule GPA / CEQA Review for ULL Boundary Adjustment Before September 30, 2004 This memorandum is in response to Supervisor Greenberg's request at today's Board meeting for a potential schedule to complete a General Plan Amendment and CEQA Review by September 30,2004 for the boundary adjustments to make the County's Urban Limit Line(ULL)coterminuous with cities,where the ULL crosses over into city limits. The attached schedule assumes that the Board would withdraw the previously issued ULL Voter Ballot Initiative if an agreement is reached at OCTA to include the ULL in the Measure C Renewal Ballot Measure and an EIR would not be required to support the CEQA review of the ULL boundary adjustments. Attachment(1) cc: CAO County Counsel Clerk of the Board D.Barry,CDD-Director C.Kutsuris,CDD-Dep.Director S.Goetz,CDD-Dep-Director GAAdvance Planning\adv-plan\ULL Ballot Measure\bosmemo05-25-04gpaceqareview.doc 5 7-7c 1098 MAY-24-2004 10:56 Contra Costa County 925 335 1098 P.01/03 JULIE ENEA Senior Deputy County Administrator Contra Costa County I 651 Pine Street, 1 1h floor 's Martinez, CA 94553 Administrator0 ce Voice: (925)336-1077 FAX: (926)335-1098 E-mail: jenea@cao.co.contra-costa.ca.us ;i To! To! Board of Supervisors From: Julie Enee Fax: Pages: 3, including transmiftal Phonw. Date: 5-24-04 Re: Letter from CCWD cc, Dennis Barry,John Kopchik, PRESS BOX 0 Urgent 0 For Review 0 Please Comment 13 Please Reply 0 Please Recycle M 0 Comments, The attached letter has just come to my attention. It relates to Item DA on tomorrow's agenda, and is similar to a letter received from BBMUD oti the same subject, FRAMEWORKFORAN OPEN SPACE PROTECTION AND ENHANCEMENT FUNDING MEASURE FOR CONTRA COSTA COUNTY May 25,2004 Approved by the Contra Costa County Board o,f',Supervisors on Approved by the Contra Costa County open Space Funding Authority on Njv A. :yP,�h..-`-- - �:� Y �.{X< r: "'�w`►.,,��'; � � a,.i :�Y `if•.#. ,, •:`;.'4�S.x i-#ww�y,.- ,/yyy/��iy� C�� xf3'� - 4'�4 .TT -J ; li'�.7/1:i Y' Y4 J�g'v.0.Y•, ilil!.N �`lf M�( M Mw'.."'a.h' 'R<:'` i.:;x W 2 �4,r. .-,t• k "l]f Yw q S� A # Jy..... J -♦ W .Ji. it '4.f _.'i 'P) �<t�'°6w+c� �'.Mj; �x x`Yc f': fs"+.r: .'p-' cw;:•.�` gggrrr. :.- -+1w Spix. I�li� -.. .,,�I a%� ...�x 1i`, -'*c Y.i :. ' « o>"�`w� *.a Ma {''� it�,i-'9-ems+., x':'�`Z. .•.k.. ° ...#' ?.,•..t. 7w;:}.{ 0. / i .:t Rte..."k, k)' '4{ ? 'C."" • 47 'W�1LM K Eit' fk F k � }�>.�wc„{k�c tK� '.�' > w.. :. YY 'R _ a/'; ,F -•ry++' -w Win.a.3}{Jd : f .I Xi. > {, "�t ':he .{✓z a.row. .w .;..! 4w'S�f k'$pr°. ^4'"�a,. ) ,>} frr F .0 c:."a:':>,' c. ,4y;x <yy F•y"�4�zy%c4i�l. �+c cr."°` ..i't " :. /�{:��{{u�S '�',;,t:K. Y6•°ayy'L rowy�r'#'w r Si K.y • 2< t -I Mi"k >`x) ..;fit w ¢ w ��'?` (i a. ;fir•. `vf -kfk %-`.'Yow3o.;' ,,jj ��.`• .:: '' .;J''� 4..p. 'y.,l l��„'kw£Fof } i W •3 y : r K { i I. PURPOSE OF THE FUNDING MEASURE, The Board of Supervisors created the Ad Hoc Committee on Open Space Funding to make recommendations on whether and how to create new local funding for open space, parks, recreation, natural resource, and farmland preservation needs throughout the County. To achieve this goal, the Ad Hoc Committee convened an open committee of individuals and organizations interested in this topic to provide specific advice and input. After more than three and one-half years of meetings, this citizen committee, the Contra Costa County Advisory Committee on Open Space Funding, has recommended a one hundred and seventy-five million-dollar ($175,000,000) funding measure to be placed before the property owners of the County, proceeds to be managed by a Joint Powers Authority (JPA) of the County and the East Bay Regional Park District and granted by the JPA to appropriate organizations to fill a wide variety of open space needs. Page 1 A. THE VALUE OF OPEN SPACE The variety of open spaces in Contra Costa County from pristine natural parks, scenic shorelines,and productive tracks of prime farmland to neighborhood parks, trails, and urban creeks are a crucial component of the quality of life of local residents. Collectively,these open space resources provide many benefits: 0 Protect the visual character,heritage, and beauty of the County; 0 Conserve water quality by protecting land adjacent to urban creeks, lakes, and the Bay. 0 Promote educational opportunities for children and adults to learn about the County's human and natural history; 0 Create and maintain parks and recreation facilities where people can hike, bike,play,and find solitude; 0 Protect the richest farmland in the County for continued food production; 0 Conserve habitat and corridors for wildlife; 0 Create a physical setting and amenities that attract and retain businesses, jobs,a vibrant culture,and talented people; 0 Complement sound, balanced land-use planning and efforts to address traffic problems. B. PRESENT CHALLENGES The booming regional economy can foster vibrant communities and create economic opportunity for County residents. However,this economic growth must be complemented with continued protection of our many open space resources if our quality of life is to be maintained. At the very least, we should build on the strong history of open space protection in this County and continue to provide parks and trails and other open space resources to keep up with a growing population. But, if we wish to pass on to future generations a community that retains the attractions that drew us here, we need to identify those characteristics of the County that we most wish to protect and enhance, whether these be defining natural features like Mount Diablo,the shoreline of San Francisco Bay, the Carquinez Straits, and Delta, or the fertile farmland of East County--or backyard open space resources like neighborhood parks, healthy urban creeks, scenic ridgelines, and hiking and biking trails that make our developed and developing areas pleasant places to live and work. C. NEED FOR NEW LOCAL FUNDING Meeting the challenge of protecting open space in the future will require funding. The passage in 2000 and 2002 of state water and park bonds (Propositions 12, 13,40, and 50) and passage of any future state park and water bonds will provide some funding for projects in Contra Costa County, but substantial portions of the bond revenues will be set aside for competitive grants that require or encourage a local match. A new source of local fiends is needed to leverage such sources and to provide revenues adequate to meet future open space needs. Some additional reasons we need new local funding are provided below: Page 2 East Bay Regional Park District's Measure AA was passed in 1988. Revenues from it are approximately 90% spent; the remainder is entirely committed. 0 City and local recreation districts are hard pressed to keep up with building new facilities and renovating older facilities. 0 Private non-profit organizations like land trusts, creek restoration and regional trail groups present opportunities for partnerships between the public and private sectors. 0 New funding can complement and supplement the work of the EBRPD and extend local support to new types of conservation priorities such as protection of prime farmland and other types of agriculture, use of conservation easements,and restoration of urban creeks. 0 Existing funds for open space stewardship are strained, and a flexible new source of funds is needed to cover critical management functions such as ranger patrols to protect public safety and natural resources. The following comparison fin then illustrates that, despite past accomplishments, Contra Costa County now lags behind most other Bay Area counties in terms of open space per capita and future funding revenues. Comparison of Urbanization,Opens pace,and Future Open Space Funding Among Bay Area Counties Contra Costa Napa Marin Solano Sonoma San Mateo Santa Alameda San Clara Francisco Of Percent of land area that is 26.2% 3.5% 11.7% 8.6% 7.2% 19.9% 18.7% 25.5% 81.2/6 developedi Percent of land area available for development 9.5% 2.3% 5.7% 6.3% 6.9% 7.7% 4.1% 7.5% 7.0% Acres of protected open 12 acres per .84 .70 .26 .23 .14 .10 .08 .01 space per capita (Bay area person acres/ acres per acres/ acres per acres per acres per acres per acres/ average=.14 acres/person) person person person person person person person person Secure future funding for Measure AA None On-going Solano %cent O.S.Dist.has Initiated a Measure AA N/A open space 3(does not city&grant- yet property tax County is sales tax a tax&bond, parcel tax (status same (parks include Proposition12 and able portion increment now explor- for open but bond is and an o.s. as CCC); dept other state/federal sources— spent EBRPD provides for ing an OS space and nearly spent. District In Landfill budget) see below) portion 90% acquisitions funding a county County has 2001,voters tipping fee to spent remain- measure open space parks dept w/ approved a provide ing 10%allo- district annual $8M/year significant cated by park I I budget. assessment.I o.s.funding.1 D. TYPES OF OPEN SPACE THAT NEED FUNDING The following categories descriptions explain the variety of"Open Space"actions that are needed in the County: Scenic Landscapes and Regional Parks Preserve defining features of our landscape such as important ridgelines and other scenic landforms, green buffers, connections between existing parkland areas, and other unique landscape or community features; ABAG estimates from"Status and Trends 2000",based on data from 1995(ABAG Figures do not consider the County's 65/35 Ordinance which would restrict urbanization of the County to 35%of the land area) 2 C ,Teenlnfo Network,, 1999 3 East Bay Regional Park District and Bay Area Open Space Council Page 3 CreekslWatersheds—Protect & restore urban & other creeks, watersheds, wetlands, and soil, and improve water quality, safety and flood plain management; Fanniand—Maintain the County's agricultural heritage through purchase 0 of conservation easements,, buffers, irrigation water or other protections for prime agricultural soils,rangeland,and unique agricultural features; 1p Historic,preservation Preserve historic structures and cultural resources and provide educational opportunities Local & Municipal ParkslRecreation—Enhance and create local parks to improve quality of life in our existing communities and complement revitalization efforts;provide healthy,safe recreational alternatives for our youth; shorelines Protect and restore the shorelines and marshes of the Bay and Delta, provide public access, education and recreation opportunities, and improve water quality. TrailslPublic Access Facilities--Close gaps in major Bay Area trails such as the Bay Trail and Ridge Trail, unify and connect existing regional trail systems,improve existing trails,public access and equestrian access; Wildlife habitat and corridors—Protect/enhance the habitat of unique and valuable plants and animals. E. FUNDING PRINCIPLES The following principles are the basis for the funding measure allocation categories and the criteria within each category. They will also guide the implementation of the Measure and serve as benchmarks for the Citizens' Oversight Comnn*ttee in reviewing project proposals. These following eight principles are intended to maximize the public benefit derived from the Measure and to assure fair and equitable distribution of revenues. A project need not address each of these eight principles to be funded, but the consistency with principles will be considered when allocations are determined. 1) To provide funding to help complete major Open Space projects and programs of countywide impact, scale,or scope; 2) To provide local matching funds to governmental agencies and non- profit groups as a way to attract State,Federal and Foundation fiords to specific Open Space projects jects with the County; 3) To provide per capita finds directly to local jurisdictions (e.g., cities and local recreation agencies, and the County) to fund park and recreation projects based on local need as determined by locally elected and appointed officials; 4) To provide new methods for Open Space protection, including the appropriate use of conservation easements, connections among existing parks,and protection of urban creeks and prime farmland; Page 4 5) To encourage continuation of private agricultural operations through purchase of conservation easements; 6) To distribute the funds equitably throughout the County both geographically and demographically; 7) To balance funding between large projects of countywide impact with more localized projects and programs; 8) To assure that new and existing open spaces receive necessary stewardship. In addition, there are several principles that assure the taxpayers that the funds will be expended in a way that complements good public policy. These too will 0 be used by the Citizens' Oversight Committee to gauge the appropriateness of a project proposal. 9) To not preclude the development of affordable workforce housing, and, where possible, to provide park amenities that complement new housing; 10) To minimize impacts and respect adjacent property owners and the values they place on their property; 11) To rely on existing institutions to implement the measure, to the extent possible, so that finds are spent efficiently and by those with the most relevant experience; 12) To reward projects with demonstrated community support; 13) To ensure that funded projects are feasible and have a credible plan for funding and performing needed long-term maintenance; 14) To acquire property or easements only from willing sellers. Finally, several additional principles are included to guard against unintended consequences. 15) The projects and programs in this measure are not land use designations and shall not be used as such in the land use planning process; 16) The terms of this Measure shall govern all allocations of funds hereunder notwithstanding any future policy or program related to open space acquisitions that may be adopted within Contra Costa County; 17) No funding from this Measure shall be used to acquire lands for which there is an active development application,filed by a person with an ownership or equitable interest in the property, pending before a land use pI g agency,without that person's consent. Page 5 GENERAL ALLOCATION OAF FUNDS The general funding categories and allocations for the 30-year life of the measure are: Acquisition/Capital Expenditures 0 Flagship projects: $6590003,000 0 Regional priorities: $27,0200,1000 0 Community priorities: $27307003,000 0 Opportunity Reserve Fund: $69300,000 0 Administration: $3,800,000 TOTAL ACQUISITION/CAPITAL: $130,000,000 Stewardship Expenditures 0 Maintenance of existing regional-scale open space: $203,9509000 0 Maintenance of new regional-scale open space: $139970,000 0 Competitive grants for specific stewardship&restoration projects: $897303,000 0 Administration: 1,93509000 TOTAL STEWARDS $45,0009000 GRAND TOTAL FOR OPEN SPACE MEASURE: $175,0003,000 All proposed allocations are M* 2004 dollars and are based on net present value estimates of a 30-year revenue stream. Proposed allocations should increase over time,based on any growth in revenue to the funding measure,on inflation rates, and on the amount of time that passes before the project is implemented. Stewardship funds shall be allocated by category on a pay-as-you-go-basis(i.e.,no borrowing shall occur against the revenue stream allocated for stewardship). Capital finds may be allocated annually as revenues accrue,or the JPA may determine to borrow against the some or all of the anticipated revenue stream for capital projects in order to provide grants for acquisitions and other capital projects earlier than would be possible on a pay-as-you-go basis. Factors that will be considered include rates of interest and land value inflation. Unless otherwise noted,finding allocations will be distributed through a competitive grant program. A wide variety of public and private organizations are eligible to apply for and receive funds raised by this measure,including but not limited to land trusts,park districts,water districts,,other special districts.,cities,the County,and other not-for-profit organizations. The administration of the grant-making process is further described in the Administration section of this document and selection criteria and considerations are outlined in the Funding Principles section above. All contracts disbursing funds from this measure will require recipients to commit to"maintenance of effort"provisions to ensure that new funds augment rather than replace existing expenditures. All funds from this measure must be spent on projects and activities within Contra Costa County. Page 6 Open Space Allocations ($175 Million) 25% Stewardship Acquiskions ($45 Million) ($130 Million) Stewardship Acquisitions/Capital ($45 Million) ( 1"' 0 Million) 3%Administration ....•........•.....•....... 2.3%Existing Regional I S :P State Parks peiordies 2 10/0 Flagq .................................... projects 5014 ;I%t4ew Parks' .................................... commun priorities 2 1%F 19.5%Cornpetitive- 442%Existing Opportunity,reserve 51%11 stewardship EBRPD Paft ........................................-1 - I III. DESCRIPTION OF FLAGSHIP PROJECTS Descriptions of these recommended Flagship projects are provided below. The attached map shows the general locations of these recommended Flagship projects (alternatively referred to as "Flagship Opportunity Areas") that are budgeted for $63,000,000. An additional$2,0001000 is allocated to this category for future opportunities(see section VII). A. MOUNT DIABLO PARK EXPANSIONS Mt. Diablo State Park is one of California's oldest and most heavily used. This park is in an area of intense development pressure. The very slopes of the mountain are threatened, including much of North Peak and major canyons on southern and eastern slopes. The mountain is home to many special status species. To protect these species, corridors of protected lands need to be made with other adjacent protected areas. $5,000,000 is set aside for additions to this park. Ki ----------- Page 7 Stephen Joseph B. SAN FRANCISCO BAY TRAIL In the 1990s, the California legislature adopted a bill identifying the need for a trail that would ring the San Francisco Bay and they provided some seed money to help in this development. In the last 10 years,this emerging trail has become a major recreational resource for the entire Bay Area. The cost of construction was to be handled by local agencies. The EBRPD has built major segments of the trail but substantial gaps remain. By allocation of$5,000,000 to this trail, major gaps in the Contra Costa County component of the trail could be overcome. Helping to complete the missing links between Richmond and Crockett would be a key objective. These finds can be utilized for both right-of-way and trail construction costs. C. RICHMOND SHORELINE This allocation will support acquisition, restoration, and public access along the shoreline of West County from the county line near Point Isabel northward to the to the southern edge of Point Pinole Regional Park. This 30-mile stretch of shoreline contains a variety of scenic and cultural treasures and offers stunning three-bridge views of San Francisco Bay, the San Francisco skyline, and Mount Tamalpais. There are numerous public access and recreational opportunities, including: hiking, biking, picnicking, kayaking, and various fishing and boating piers. Existing parks and trails such as Miller-Knox Regional Shoreline, Rosie the Riveter World War II Home Front National Historic Park, and the East Shore State Park, Point Isabel Regional Shoreline, and a planned and partially completed segment of the San Francisco Bay Trail provide a foundation upon which these funds can build. Wetland protection and restoration opportunities also exist. $5,000,000 is set aside for this work. D. MUIR HERITAGE CORK DOR ...I .... ... ..... ... .... ......... ..... ...... This is the area where John Muir walked and worked when he wasn't traveling through the Sierras. This corridor includes portions of city/county designated Briones Hills Agricultural Preservation Area. The corridor connects Hercules together with Martinez along both sides of State Route 4. This land is primarily Page 8 one of private cattle ranches. Acquisition of conservation easements, parklands, and protection of grazing lands will be pursued to protect the scenic heritage of the area. $5,000,000 is allocated for this area. The southern portion of the corridor flanks ErBMUD and EBRPD lands on the boundaries of Lafayette and Orinda and extends west and south to include the Caldecott wildlife corridor. $3,000,000 is set aside for acquisitions to fill in the gaps between public lands and the existing development. E. PRIM FARMLAND/AGRICULTURAL.CORE J The County has some of the best tj 3 farmland i an n the state. Our last largely contiguous fanning area is located 1n the lands east of Brentwood from g� Knightsen to Byron. Home to nut and - fruitcrops,trees and field thi s area is an important natural and cultural resource and provides a link between city dwellers and our food sources. The area is a recognized destination for classroom fieldtrips and family outings. The State has a program to help purchase easements and Brentwood has . qyryrylaunched an ambitious agricultural enterprise program, but a countywide A local match is needed to insure the State of our commitment to the program and to complement the efforts of the City of Brentwood. $5,000,000 is to be set aside for this effort. F. NORTH CONTRA COSTA WETLANDS AND RIVERFRONT As one of the defining features of the County, the San Francisco and San Pablo Bay-Delta system is the cornerstone of our visual amenities. Over the last 3 decades great strides have been made to acquire and open the waterfront to public use. There are however substantial gaps in public ownership and a definite need for water quality and habitat improvements. This category will provide funds for public agencies to fill those gaps. The fiords can be spent from Pinole to Oakley on waterfront land acquisition,trail and facility development. Approximately half the funds will be spent between Pinole and Martinez within several hundred feet of the shoreline. The other half will be spent on the shoreline from the naval weapons station to Bethel Island. $5,000,000 is reserved for these purposes. Page 9 s G. TAS►SAJA RA The Tassaj ara Valley extends from the eastern edge of the Blackhawk k., Ranch development along ,.. Camino Tassajara, east and then south to the ... Alameda County line. The valley has been under pressure to develop,fueled in part by some ranchers' desire to retire from sometimes unprofitable operations. $5,000,000 will be reserved Bob walker for acquiring properties either in fee simple or their development rights in order to preserve the open character of the valley, to provide opportunities for continuing ranch operations, and to avoid additional traffic congestion. It is anticipated that maximizing permanent open space will be best achieved by acquisitions along hillsides and ridgelines,however,properties along Camino Tassaj ara and other roadways will be considered when cost-effective opportunities present themselves. H. LAS TRAMPAS OPEN SPACE CONNECTIONS Extending from the Lafayette/Walnut Creek boundary south to the Alameda County line this prominent ridgeline parallels the scenic I-680 and frames the western boundary of San Ramon, Danville, Alamo and the southern borders of Moraga, and walnut Creek. The area extends to the edge of St. Mary's College. The EBRPD's Las Trampas wilderness area is located within this sub-region. Land conservation efforts need to be extended to the north and south to better protect this prominent physical feature and permanently conserve a unique urban wildnerness and safeguard the watersheds of our public drinking water reservoirs, $5,000,000 is set aside for either agricultural easements or fee simple acquisition. I. R S ,„y:.r:'::,:}:,Si.i:-:v:.'4.ii:r..."vY•r•.;.F:::;-:9::•,• . i'.riR-s''-?yyyy-S`.'-`.:::-v;:5:`i�:t�::::ti•:-: •ii{:`?•S.:`:::-:::;c::�'-'':}:::::-;}•>'.:::<:::i5:i'-:`.'i;:f: r F'"`'i.g~>]`fG'•7P 1<:::C:f::k1,`»i:L•:i::`i:::i:'r}::i i5:::{i{:i'Y{C<:::i:::!G:s Y:: An essential visual resource for the Cities of Concord, Clayton, ,.... x::...:.::.:.::..:......"......:.::..: Pittsburg, and walnut Creek, this ranching area frames the northern flank of central and eastern Contra Costa County. :° Immediately to the east is Black Diamond Mines Regional .: Preserve. The purchase of agricultural easements to protect this area into the future as Page 10 ranching lands will protect this area from future sprawl and large lot development. In some cases the land may be acquired for addition to Black Diamond Mines Regional Preserve. $5,000,000 is set aside to purchase lands or easement in this area. I EAST COUNT"FOOTHILLS ... .. ........... ............ .......... ..... - ar �, Epo- >'t•af f�i 4124:::.`•.,r{:j:'r.:{t$?.'v '','•.'S`•`r'�' ;•;t':S• :4'::::?_:`�:.fi;:n•'Fi�'.{i:::;::v vr:.. -:.l...x:is i::Y� ..r:. :tiv�:�. :ryv::�"•.'•w�ii? ..fir... .:.it;:... :r::;: "il'Yf -<;:t:`:�':. ?:::'t:f5'��:�.`t"i;:>':'.••xrr.•YYY,:;<:-.:..;rr ::.tr:.,.:::.. ,..yr,.rr�• :w-_::::.,;Y:. �I _ 'fi:r,•:rr.:::r.•.:•:::.;r>..:r.::::ird;=::;:.r�:r:''=`.::<Y: +` x/f. iy:,�.•,r,Y ?-;jr�:>iY:r"� ::;Y�v......... .. ',� I.'. :r . .r'..• /....iY':t'r'.;:vi' :'•-'y •';:::+{i•i+;:Y•�i::T'iii:%b.1:�::. •.:.:-$S:Yi'.iY}:•i�: •: fir:rCr.::�sx.•......•4r:,:..:::r:ru:r,f,:s?:.f{.:.r .g:';:k-'.;::r:{�; :?:>.;;Y.�v.. :..";•".f--::• f •..r.:�f✓, `.:r'�i��•,.r'S{.,;N,ff. ...�..: :•.<:.�tr:n'Y`.:;3::YY:-Y:::<:.:;u' ?r.'fig::` r This large area extends from the southern end of Antioch and the western boundary of Brentwood south to the Byron Airport. This grassland and oak savannah area is the home to many endangered species. As the heart of the remaining grazing lands in the County, this area needs to be protected for both agricultural production and habitat preservation. Public ownership of conservation easements will insure this area will remain a viable corridor for wildlife; $5,000,000 is set aside for this effort. I�. LAMORINDA GREENBELT Open space protection opportunities exist along the northern edge of the cities of Lafayette and Orinda, from the Briones Regional Park area near Acalanes road west along the flanks of EBMUD and EBRPD to include the Caldecott wildlife corridor above the Caldecott Tunnel. $3,000,000 is set aside for acquisitions to fill in the gaps between public lands and the existing development. Page 11 L. CREEK AND WATERS RESTORATION PROGRAM This funding category will provide seed money for creek and watershed projects AA located throughout the County. Specific objectives include: ❖ Restoration of the natural character and function of creeks. ••• Transformation of creeks into community amenities and local educational opportunities through enhancement of visual character and improved public access. •'• Enhancement of water quality, including reduced pollution and sedimentation to benefit public health and struggling fish and wildlife populations. ❖ Watershed restoration,including c... weed management, and improved permeability to Patricia Mathews restore natural groundwater recharge and minimize flooding. The $5,000,000 set aside for this flagship will be divided geographically roughly as follows—One million dollars each for five geographic areas,which are: ° West County watersheds from Crockett to the Alameda County line. East County watersheds from Bay Point to Oakley and Brentwood. North and Central County watersheds, including Alhambra Creek, Grayson Creek,Mt. Diablo Creek, and walnut Creek from, and including, the City of Walnut Creek north to the Bay. ° South and Central County watersheds including the Lamorinda area and the lands south of Walnut Creek to the Alameda County line. ° The final one million should be reserved for the rural, less-impacted portions of each of these watersheds. Project nomination for grants will be submitted through the Contra Costa Watershed Forum and will be prioritized for fan.ding by a six member committee representing one member each from the Contra Costa Flood Control District, the Contra Costa Community Development Department, the Contra Costa Clean Water Program, Contra Costa Resource Conservation District, the Contra Costa/Alameda Weed Management Area and a representative from a countywide creek advocacy organization appointed by the other five members. Grant allocations in any fiscal year shall not exceed$500,000. Page 12 M. TRAIL CONSTRUCTION AND ENHANCEMENT PROGRAM This will provide funding for the construction of trails,acquisition of right-of-way for trails, for enhancements along existing trails, and for improved access by the disabled. $5,0001000 will be established for off-road(Class 1)trails. This will be based on competitive grants to be reviewed annually and projects that attract matching funds should be encouraged and recognized in the decision making process. Funding of facilities shall be reviewed annually and shall be dispersed with a$500,000 per year maxim. Priority will be given to funding projects to provide sub-regional or regional connectivity,that is trails connecting communities,or regional parks or major city parks together. Allocations shall be made by the Citizens' Oversight Committee. IV. DESCRIPTIONS OF REGIONAL PRIORITIES & ALLO- CATION PROCESS The Regional Priorities category is to be fimded for$27,200,000. This category includes numerous very worthy recreation and Open Space funding projects that are important to geographic, sub-regional areas of the County for which there are insufficient local resources to accomplish the project. These projects will require matching funds of at least one-to-one, though funding measure revenues can be used as the local match for other programs that require local match. Most of the funds in this category will be allocated by the Citizens' Oversight Committee upon receipt of nominations. The identified projects and their maximum fimding levels are described below: 1) West Moraga/Indian Valley Open Space Acquisition($2M) This will expand the publicly protected lands adjacent to the San Leandro Reservoir Watershed and provide for public parklands connectivity to Sibley Regional Park. 2) Burton Ridge in the Lafayette/Walnut Creek Area Open Space Acquisition($2M) Burton Ridge parallels the western boundary of Rossmoor and these rugged lands could be added to the embryonic open space system found in the area. 3) El Sobrante Hills Open Space Acquisition($2M) Page 13 The ne hillsides that surround the El Sobrante Valley have several opportunities for acquisition. This will provide seed money to protect the rugged and slide prone hillsides and contribute to completion of the Bay Area Ridge Trail. 4) Big Break Shoreline and Delta Science Center in the Oakley area($2M) Funds from this measure could be used to develop local park amenities near the Dutch Slough Restoration and/or fund the construction of a major educational and scientific institution on the Delta Shoreline,the Delta Science Center. 5) Old River Delta Shoreline Park Acquisition and Development near Discovery Bay($2M) The western Delta is rich in recreational potential but there is a lack of public recreational facilities in this part of the County;this would fund a shoreline park. 6) John Marsh Home Pioneer Park Development near Brentwood($2M) The John Marsh Home is the oldest home in the County and the funding would be utilized for improvements to the historic facility and to enhance the surrounding public property. 7) El Cerrito,Kensington,and Southern Richmond: San Francisco Bay Shoreline to the Hills Urban Open Space&Creeks(El Cerrito area)($2M) The highly urbanized southwest area of the County presents a wide variety of opportunities for new parks and open space,including wetland restoration on the shoreline,creek restoration and associated pocket parks through the lowlands, and hillside protection opportunities in the hills. 8) Walnut Creek Watershed Enhancement Project($2M) This would provide local agencies funding for projects that enhance this creek system from San Ramon and Lafayette to Suisun Bay. Benefits would include implementation of the 1992 restoration plans for the Walnut Creek Channel and spin-off benefits to the Iron Horse Trail. 9) Concord Naval Weapons Station Habitat Restoration and Wetlands Access($2M) Funds would support restoration of habitat and public access to wetland areas in this moth-balled military facility, consistent with interim use plan now being formulated. 10) Lindsay Wildlife Museum Off-Site Wildlife Rehabilitation Center($1.2M) The Lindsay Wildlife Museum needs a rural facility to care for larger species of rehabilitated wildlife and prepare them for re-introduction to the wild. Page 14 11) Byron Airport/Habitat Corridor($2M) This is to acquire lands between the Byron Airport and the'Los Vaqueros Reservoir to tie the fragmented habitat lands together. 12) Bishop RanchMig Canyon Park Expansion in the San Ramon area($1 M). This is to provide parkland expansion that will tie parkland in southwest San Ramon into a cohesive unit. 13) Blackhawk/Danville Greenbelt($I M). This provides finding to secure the existing boundary between planned growth areas and the rural Tassajara Valley Flagship area. 14) Northwest Communities Open Space Connection($1 M) This provides funding to tie together open space and parklands between Hercules, Rodeo and Crockett. 15) Pittsburg/Antioch Hillsides($1 M). This provides finding to tie existing park and dedicated open space lands together into a cohesive system along the southern edges of Pittsburg and Antioch. 16) Wildcat Creek Trail Extension in the North Richmond and San Pablo areas($2M) This will help fund completion of the Wildcat Creek Trail from the Bay Trail in North Richmond through San Pablo to Alvarado Park at the foot of the hills. The trail may not be able to follow the creek in all segments due to right-of-way constraints, and alternative alignments that may be necessary in some places are also eligible for finding. Other funds will be allocated based upon grant requests to the Citizens' Oversight Committee. All requests for funding of Regional Priority Projects will need to identify the agency that will implement and operate the facility, ensure that the property will be protected in perpetuity and identify the anticipated source of matching funds. Non-profit groups could satisfy match requirements by developing an endowment fund to assure operation and maintenance. Vo DESCRIPTION OF COMMUNITY PRIORITY ALLOCA— 'T'IONS Due to the extensive unmet finding for local park, recreation, trail, open space, and historic preservation purposes,this funding measure will provide twenty-one(21)percent of the funds as a pass through to local governmental agencies that provide park and Page 15 recreation services. An allocation of $27,720,000, or approximately $28 per County resident,is recommended for this purpose. Some additional features of this allocation are described below: 0 Eligible projects include: park acquisition and development, park structures, playgrounds, open space areas, trails, restoration of creeks and other natural resources, recreational facilities, and park renovations. Operation and maintenance costs are ineligible. 0 All cities, park and recreation districts, county service areas or other local governmental agencies are eligible to receive fimding if they are authorized and provide parks and recreation services to a community or area. 0 That cities get credit for all population within the city; if there is a unit of government that provides services to the unincorporated area within the city SOI, the funds would go to that local entity In cases of overlap—the funds go to the city unless otherwise requested by the city. 0 All remaining funding for the unincorporated areas will be allocated by the Board of Supervisors as they deem appropriate. 0 Five percent of the $27,720,000 allocated for the Community Priorities category ($1,300,000) will be reserved for projects that are jointly sponsored by two or more public agencies so long as the lead agency and land manager is a city, the County, or a park district. Eligible partner agencies include but are not limited to EBRPD and school districts. This Partnership Incentive will be allocated by a competitive grants process established by the Citizens' Oversight Committee. The Partnership Incentive may not fund more than 20%of the cost of a project. 0 Community Priority funds shall be reimbursed after the project is completed. The exception is that up to 15%of the grant amount can be requested for the up-front design and permit costs. The Citizens' Oversight Committee will consider requests for up-front appropriations. 0 Funding to identified agencies will be provided after receipt of an action by the elected body of each agency specifying the proposed use of the finds and describing how the project conforms to the purposes of this benefit assessment district. For the 85%or more of funds to be paid on a reimbursement basis, documentation of the completed project is also required. 0 The Citizens' Oversight Committee would develop more detailed procedures for disbursement of funds within the first year of operation Applying the above criteria to the 2000 Federal Census Figures, the Community Priority allocations will be as described in the table in Attachment A. Page 16 V1. OPEN SPACE STEWARDSHIP Stewardship of protected lands and resources is an essential complement to protection of all forms of open space in Contra Costa County. Important open space stewardship activities include the management and restoration of sensitive resources,maintenance and operation of public access facilities, park patrols, and the protection of public health and safety. To address these needs, approximately $45 million is allocated under this measure as follows: 1) Allocate about 80%($34,920,000)of the stewardship funds for operating and -maintaining regional-scale scenic landscape facilities on a programmatic basis; o reserve 40%($13,970,000)of these funds for operating new scenic landscapes purchased with funds from the Flagship and,possibly,the Regional Priority categories; it is anticipated that in the first years of the implementing the Measure,when few if any new acquisitions have been made,these funds shall accumulate and be held in reserve until new acquisitions are requiring maintenance funds; o 60%of these fimds($20,950,000)shall be allocated for existing large-scale regional facilities operated by State Parks(5%or$1,050,000)and EBRPD (95%or$19,900,000)in Contra Costa County; includes ranger patrols, opening land banks,and other operations and maintenance; 2) Allocate about 20%($8,730,000)of the stewardship funds on a competitive, project-specific basis o regional-scale open lands or trails only o not patrols o focus on stewardship projects that are capital in nature(i.e.restoration, enhancement,trails,and public access) o many agencies eligible, *including all agencies and organizations that operate parks,watershed lands,trails,and open space areas. o match required All projects awarded funds from this measure, whether for stewardship or capital projects, will be required to prepare a stewardship plan and to demonstrate a source of fiords to operate and maintain lands and resources. Inclusion of stewardship fimding would complement acquisition of conservation easements. Stewardship fiords could be deposited in an annuity or other interest earning endowment account to support easement stewardship in perpetuity. Such an approach is attractive because it would address the costs of open space conservation in a comprehensive manner. VII. DESCRIPTION OF THE OPPORTUNITY RESERVE FUND An Opportunity Reserve Fund of$8,300,000 will be created and held for capital projects of flagship or regional priority level that aren't presently advocated or are subsequently Page 17 determined to be under-fimded. Not less than$2 million of these finds shall be reserved for flagship level projects. VIII.PROGRAM ADMINISTRATION 1. Appointment of Citizens' Oversight Committee The Citizens' Oversight Committee shall be responsible for overseeing the implementation of this funding measure. The 21 members of this committee shall serve four-year terms spanning more than one County Board of Supervisors terms(at the outset of the Measure,initial terms may be 3 or 5 years so that future four year terms will span more than one County Board of Supervisors terms). Seats on the Citizens' Oversight Committee shall represent specific interests and constituencies related to open space protection. To strengthen the connection between members and their representatives, a nomination process will be used that assigns responsibility for committee nominations to a variety of organizations. Criteria for selection of nominees will be up to the nominating organization,but all members must reside within Contra Costa County and within the area served by the nominating authority. The Citizens' Oversight Committee shall be composed of members representing the following interests or organizations: 5 citizens appointed by the Board of Supervisors,one by each Supervisor I citizen appointed by the EBRPD Board of Directors 4 citizens nominated by the Contra Costa Mayors'Conference and ratified by the JPA Executive Committee I citizen nominated by the Contra Costa Association of Special Districts and ratified by the JPA Executive Committee I citizen nominated by the Contra Costa Water District I citizen nominated by the East Bay Municipal Utility District I person nominated by a business organization* I person nominated by a land trust* I person nominated by ranching and farming interests* I person nominated by an environmental organization I person nominated by a labor organization* I person nominated by a real estate developer organization* I person nominated by a government finance watchdog or taxpayer organization* I person nominated by a social justice/equity organization* *Nominations for these representatives shall be solicited from the various organizations that are active on these issues. Citizens' Oversight Committee members representing government agencies shall not be elected members of the governing board of those agencies. Page 18 2. Responsibilities of the Citizens' Oversight Committee a. Guide the a___ministration of the funding measure consistent with the funding principles described above. b. Determine which agency or agencies will receive funds to implement flagship projects,regional priorities,and opportunity reserve funds. c. Determine the priorities for the expenditure of funds (i.e., to allocate funds equitably and logically over time, whether this involves allocation of annual tax and assessment revenues or the selling and refunding of any revenue bonds). d. Determine the appropriate amount and increments of bonds to be sold, if any; to balance funding needs, interest rate opportunities and the flow of bond repayment revenues. e. Determine that matching funding will be available for the regional priorities' projects(which require a one-to-one match or better). f. Ensure that matching funds stretch the use of new funds. All new fimds should be considered local match against other funding programs. g. Determine the role of conservation easements in the acquisition priorities. h. Allocate finds for trail and watershed projects as described. 1. Balance competing demands for finding geographically. j. Allocate the Partnership Incentive within the community priority funds. k. Reallocate unused funds within each category if excess funds are available or if projects can't be completed. Reallocated finds shall remain in the geographic area from which they originated. 1. Conduct an annual review of funded projects and to oversee the preparation of an annual report by staff. m. Conduct other actions necessary to implement the funding measure 3. Sunset of Citizens' Oversight Committee Once 100%of the finds are allocated the Committee will sunset. Page 19 4. Role of the Joint Power's Authority(JPA)Governing Board and Executive Committee The JPA Governing Board shall consist of members of the Contra Costa County Board of Supervisors and the EBRPD Board of Directors. The responsibilities of the JPA Governing Board shall include approving the proposed formation of the benefit assessment district,conducting the assessment district ballot process,overseeing tabulation of ballots, approving the annual assessments(if approved by property owners during the ballot process),and approving the annual JPA budget. Other duties shall be delegated to the JPA Executive Committee,including but not limited to the appointment of the Citizens' Oversight Committee members nominated by outside organizations,the approval of Citizens' Oversight Committee recommendations,and approval of grant contracts. The JPA Executive Committee shall consist of up to 9 members, 5 from the County Board of Supervisors and 2 from the EBRPD Board of Directors,and 2 nominated by the Contra Costa Mayors' Conference. To take action,a quorum of 5 members must be present. The JPA Executive Committee will be responsible for the primary administration of the funding measure and shall ensure that the funding proceeds are spent expeditiously. The JPA Executive Committee shall also be the body responsible-for reviewing nominations and appointing members representing outside organizations to the Citizens' Oversight Committee. Such appointments shall require a 2/3 vote. The Citizens' Oversight Committee shall provide policy advice and guidance to the finiding program,but the JPA Executive Committee shall have decision-making authority on expenditures. The JPA Executive Committee may over-rule an allocation recommendation of the Citizens' Oversight Committee only by 2/3 vote and findings supporting this decision consistent with the Funding Principles. The JPA Governing Board and Executive Committee shall receive an report that outlines the work accomplished over the last fiscal year and a program for anticipated expenditures for the next three fiscal years. S. Operation of Citizens' Oversight Committee, JPA Governing Board, and JPA Executive Committee The Citizens' Oversight Committee, JPA Governing Board, and JPA Executive Committee will be operated in accordance with the Brown Act and the Contra Costa County Better Government Ordinance. All meetings of these bodies shall be open to the public and shall be located within the County. Citizens' Oversight Committee members shall not be paid to serve. 6. Participation by Associations of Public Agencies Within nine (9) months of the certification of a successful outcome of the vote on this measure, the associations of public agencies noted above as Page 20 nominating members to the Citizens' Oversight Committee and/or to the JPA Executive Committee may notify the JPA Governing Board of their willingness to no Oversight i representatives to the Citizens' Overs* Committee and/or the JPA Executive Committee. If within these 9 months the associations of public agencies do not provide notice that they are willing to nominate representatives, the number of seats on the Citizens' Oversight Committee and/or the JPA Executive Committee shall be reduced accordingly. 7. Administration Services Administration services for the committee shall be provided by JPA staff and shall be funded from finding measure proceeds; these costs shall not exceed three(3)percent of total revenues. IX FUNDING MECHANISM A Benefit Assessment District approach is the recommended method for implementing this program. Assessment Districts place a charge on real property to pay for the special benefit conveyed to that property from a government service. The amount assessed is determined by an engineer's report that distributes the cost of the government service according to benefit received by each property. Assessments must be approved by a weighted majority of property owners in an election conducted by mail. Votes are weighted according to the amount of assessment that would be paid. This approach has been used recently by the Santa Clara County Open Space Authority and the Mountains Recreation and Conservation Authority (a government agency with the mission of acquiring land M* the Santa Monica Mountains). After considering a comprehensive evaluation of available mechanisms developed by staff several years ago, and after considering several of these mechanisms in significant detail, the Advisory Committee concluded that the Assessment District Approach was the best match for the Open Space Funding Measure. Attachment B presents a more detailed description of the evaluation process and the alternatives considered. r I 7!7: 36 .lg7 A* ............... Page 21 Attachment A: Community Priorities Allocations JURISDICTION 2000 POPULATION FUNDING Antioch 909532 $2v5121700 Brentwood 239302 $646,800 Clayton 10,762 $298l7OO Concord 1211780 $39380,1000 Danville 411715 $1,157,800 EI Cerrito 239171 $643,200 Hercules 199488 $540,900 Lafayette 232908 $663,600 Martinez 352866 $9959500 Moraga 16,290 $452,200 Oakley 25,619 $711,100 Orinda 17,599 $488,500 Pinole 199039 $5289500 Pittsburg 560769 $19575,700 Pleasant Hill/Pleasant Hill P&RD (incorp. portion) 320837 $911,400 Richmond 99,216 $2,753,800 San Pablo 30,215 $838,700 San Ramon 449722 $1,241,300 Walnut Creek 642296 $1,784,600 UNINCORPORATED COUNTY COUNTY SERVICE AREAS CSA R-7A Alamo 15,626 $433,700 CSA M-16 Clyde 694 $19,300 CSA P-1 R-1 Crockett 39194 $889700 CSA M-8 Discovery Bay 81981 $249,300 CSA R-9 El Sobrante 129260 $340,300 LSA M-17 Montarabay 10,336 $286,900 CSA R-10 Rodeo 89717 $242,000 AUTONOMOUS DISTRICTS Ambrose P&RD (Bay Point) 21,534 $597,700 Bethel Island Municipal Improvement District 21312 $64,300 Diablo CSD 988 $27,500 Kensington CSD 41936 $137,000 Pleasant Hill P&RD 49682 $130,000 Rollingwood/Willard P&RD 29900 $80,500 REMAINDER OF UNINCORPORATED 549530 $1,512,800 UNINCORPORATED COUNTY SUBTOTAL 151,690 $4,210,100 Partnership Incentive $1,386,000 GRAND TOTAL 948,816 $27,720,000 Page 22 Attachment B Notification List for Contra Costa County Advisory Committee on Open Space Funding woX First Marne.... . y. Contra Costa County Farm Bureau Contra Costa County Citizen's Land Alliance EBRPD-Interagency Planning-GAG Steve 'Abbors East Bay Municipal Utility District ,j Steve Abbors CCC Fish and Wildlife Committee Charles Abrams City of Walnut Creek 'Seth 'Adams Save Mount Diablo Judy Adler LifeGarden Jared JAIdrich Greenbelt Guardians Karen Alley Town of Moraga 'Henry Alver Mike Amorosa Tom Torlakson's Office Shannah Anderson ISPAWNERS Sharon Anderson CCC County Counsel's Office Mike -Arata Brock Amer City of San Pablo Carol :Arnold Contra Costa Resource Conservation District 'Marianne ''Aude MitchAvalon CCC Public Works Dept. .1....................... ............. ....... Dick Avenins Gil Azevedo ICity of Antioch Parks&Recreation Commission Carol Baird lCal.ifornia Institute for Biodiversity Linda :Ballentine IStewards of the Arroyo Pasajero CRMP Ronald Banducci Judi.. Bank........ Eva jBansner League of Women Voters of the Bay Area Stephen Barbata Delta Science Center at Big Break Valerie Barone City of Walnut Creek 'Dennis Barry,AICP CCC Community Development Dept. Christina Batt Muir Heritage Land Trust 'Yvonne 'Bayless C.Y.C.L.E. 'Geoffrey Bellenger City of Lafayette Parks&Recreation Bob 'Berggren City of Pleasant Hill Recreation 8 Park District Bennett Berke Save Mount Diablo Rhonda Berry City of Brentwood 'Martha jBerthelsen The Watershed Project 'Linda Best Contra Costa Economic Partnership Bruce Beyaert Trails for Richmond Action Committee(TRAC) Terry Beymos 113ethallyn Black UC Cooperative Extension Contra Costa County Jim Blickenstaff Sierra Club, Mt. Diablo Group,Save Our Danville Creeks John Bliss IShilts Consultants, Inc. Page 23 IBockl.�s� n� n�z�tRosie East Bay Regional Park District Gloria Boehm City of EI Cerrito ' .... Laszlo Bonnyay Town of Moraga Parks&Recreation Commission Barbara 'Bontemps City of Orinda Parks&Recreation Jack Bon...........temps Orinda Parks&Recreation Foundation 'Arthur 'Bonwelt 'Save Mount Diablo 'Felicia Borrego Save the Bay Dubravka"Dee" Boskovic [Rich Bottarini City of Pleasant Hill Josh I Bradt ICC Clean Water Program 'Myrtle I Braxton City of Richmond Parks 8 Recreation Commission Marty Breen Save Mount Diablo 'Kate Breslin Supervisor John Gioia's Office(District 1) Jan Bridges City of EI Cerrito Park&Rec Commission 'Craig Bronzan ICity of Brentwood Parks&Recreation 'Lanny Brown City of Brentwood Parks&Recreation Commission 'Jerry Brown Contra Costa Water District ]Ron ;Brown Save Mount Diablo .Ron Brown 'Ann Buell California State Coastal Conservancy Rod I Bulter Sherida ''Bush City of Martinez Parks&Recreation Commission Lauri Byers CCC Board of Supervisors Joe1 CalabrigoTown of Danville .......... Bob I Calkins CCC Redevelopment Agency 'Rosemary Cameron jEast Bay Regional Park District Bob Cantrell ICity of Martinez Lisa Carnahan ICCC Public Works Dept.Special Districts i Charles Carpenter :Laura Case CCC Board of Supervisors Maria 'Catanzaro 'Dan Cather City of Walnut Creek Richard Chamberlain Town of Moraga :Bob Chapman Terrance Cheung Supervisor Gioia's Office Paul Choisser Susan I Click City Council Dan I Coleman Shapell Industries Dave Collins East Bay Regional Park District Tom Conrad Habitat for Humanity Ron Comman Steve Costa Ronald Crane 'Jason Icrapo County Administrator's Office Genevieve 'Cross Tnust for Public Land .... ................... Page 24 tism Mo Dennis 11C.unna I ne Dennis Cunnane City of Moraga 'Janice 'Curry Jim Cutler Planning, Mediation&Environmental Srvcs. 11-ori 'Dair Sustainable EI Cerrito 1-Mike !Daley Sierra Club Bay Chapter John Dalrymple Icentral Labor Council .Dennis jDanaghu Chani Danielson FrankDarling City of Orinda Parks&Recreation Gwynne Davi City of Pittsburg Parks&Recreation Mel Davis City of Richmond Brenda jDe La Ossa Mount Diablo Gateway Alliance Brenda De La Ossa District III Supervisors Office Jennifer Deal lCity of Lafayette Parks&Recreation 'Mark DeSaulnier CCC Board of Supervisors Rachael 'Dinno Government Relations Trust for Public Land Roger jDolan IMuir Heritage Land Trust David 'Dolberg Trails for Richmond Action Committee(TRAC) ..........1-.----....- ....... Roger Dollan Muir Heritage Land Trust Tim Donahue Sierra Club, Delta Group Jack Dove Bob Doyle East Bay Regional Park District Lydia Du Borg City of Concord Beatriz Duffy City of San Ramon Tad ;Duffy City of San Ramon Natalie 'DuMont Greenbelt Alliance Kathy 'Duncan City of San Pablo Parks&Recreation Jeff Edmonston Fucretia :Edwards FAdamJEichberg Conservation Finance Trust for Public Land Adam 'Eichberg Conservation Finance Trust for Public Land Juliet Ellis Urban Habitat Program Kevin IEmiah CCC Public Works Dept. Jeff Eorio City of San Ramon Parks&Recreation Jeff Eono City of San Ramon Parks&Recreation Skip Epperiy CCC Public Works Dept. Betty&Sue 'Ericsson Craig Ewing City of Lafayette 'Steven 'Falk City of Lafayette Farideh Faraji City of Antioch, Leisure Services Favlow ]Arthur FeinsteinGolden Gate Audubon Society .............. Peter 'Felsenfeld Contra Costa Times 'Rudy Fernandez City of Antioch, Leisure Services Page 25 MEN 'Larry Ferri Mt. Diablo State Park 'Wayne Fettig Saranap HomeownersAssociation Betty 777Fisher ISupervisor DeSaulnier's Office Michael 'Fleming Cityof Martinez Parks&Recreation 'Paul Flores City of Pittsburg 'Susan 'Friedman San Ramon General Plan Task Force Glenn !Fuller John Muir National Historic Site 'Bob Fulton Chuck Gabrysiak Mary Ann IGaebe KevinGailey Town of Danville ................ Trudi Garland City of Orinda Parks&Recreation 'Jeff Gault City of San Ramon Ginger Lessner City of Concord 'Gary Gilleran Young&Rubicam San Francisco 'John Gioia CCC Board of Supervisors 'Federal Glover 'Federal 'Glover ICCC Board of Supervisors 'Roberta Goulart CCC Community Development Dept. .............................Diana Grana............................dos Native Bird Connections 'Diana 'Granados Native Bird Connections Bill IGranados Native Bird Connections Jeremy Graves ICity of Clayton ]Millie '......Greenberg CCC Board of Supervisors John I Greitzer CCC Community Development Dept. Sean 'GriffithWest Contra Costa Green Party ' ....m ............ Marc 'GrishaCity of Pinole D. Manuel 'Grosse, Sr. City of Richmond 'Gretchen Grover 'Gretchen Grover East Bay Municipal Utility District Darla Guenzler Bay Area Open Space Council 'JimGwerder CCC Citizens Land Alliance 'Tom Hagler 'Alexander Hall City of Hercules Parks 8 Recreation Ken 'Hambrick 'Barry Hand City of Oakley 'Scott Hanin City of EI Cerrito Pamela 'Hardy Ponderosa Homes 'Sharon Hams ICodie lHart City of Antioch, Leisure Services 'Cynthia 'Harvey Supervisor John Gioia's Office Joyce 'Hawkins City of Orinda Imyrna Hayes Carquinez Strait Preservation Trust 'Hillary Heard CCC Community Development Dept. Susan HecklyLindsay Wildlife Museum Page 26 A��cy/Oir�a##�Zat��, . ..... ' 'Alison :Hill City of Lafayette Parks&Recreation Nadine Hitchcock Bay Area Conservancy Program,Coastal Conservancy Adele Ho City of San Pablo Melanie I.Hobden City of Orinda :Aram lHodess Plumbers 8 Steamfitters Local 159 Ralph I Hoffman 'League of Women Voters Kathy Hoffman Congressman George Miller's Office Rich Holden Moraga,Park&Recreation Committee Jeff Houston Melody Howe Weintraub David 'Hudson Kris Hunt Contra Costa Taxpayer's Association William 'Hunt Walnut Creek Parks, Recreation and Open Space Commission 'Rebecca Ines City of Pittsburg, Community Development Dept. Michelle ltagaki City of Hercules 'LucindaJackson, PH.D. Chevron Research &Technology Co. ............. Jim Pakel Contra Costa Council Jim Jakel ICity of Martinez Ed James ICity of Concord Vincent &Johnson Community Youth Council for Leadership Education Jody Jones........ Lillie Mae Jones Community Youth Council for Leadership&Education Lee 'Jones Neighborhood House of North Richmond 'Stephen I Joseph :Bob Joyce Frank Jurik Nancy 'Kaiser City of Oakley Pamela Karr City of Walnut Creek Park, Rec.&Open Space Comm. 'Michael Kean City of Antioch, Leisure Services Kevin 'Keegan-Twombly City of Lafayette Parks&Recreation 'John 'Keibel John A. Keibel: Documentary Photography 'Jim Kennedy CCC Community Development Dept. Daniel Kibler FG-ordon ICCC Planning Commission Steve Kirby Glenn 'Kirby Heather Koch City of EI Cerrito 1wemer Koellner Sierra Club, Mount Diablo Group 'John 'Kopchik ICCC Community Development Dept. Dee 'Korbel 'Monica Kortz City of EI Cerrito Parks&Recreation Andrew Krakoff City of Orinda Parks&Recreation Catherine 'Kutsuris CCC Community Development Dept. James Kyle City of Antioch,Leisure Services Page 27 pq ' FF.,- Norman La Force Sierra Club SF Bay Chapter Kandi Lancaster City of Concord Parks&Rec Commission Debbi 'Landshoff Sierra Club,West Contra Costa Group 'Beverly Lane East Bay Regional Park District 'Beverly Lane East Bay Regional Park District Robert J. Lang City of San Ramon Parks&Community Srvcs. Comm. 'Paul !Larson Galindo Creek Association 'Steve Lawton City of Hercules Mike I:Leana City of Brentwood 'Mike Leana,AICP 'City of Brentwood 'Irving Lee City of Concord Parks&Rec Commission 'Linda...... Lewis 'William Lindsay City of Orinda 'Beatrice ILiu County Counsel's Office,Contra Costa County 'Laura I.Lockwood ICCC Administrator's Office 'Laura Lockwood 'John D. Loder Mills-Peninsula Hospital Foundation Henry ILosee Henry R. 'Loubet 'Jeremy I Madsen Greenbelt Alliance D. Grant Mainland City of Walnut Creek Park, Rec.&Open Space Comm. Karl Malamud-Roam CC Mosquito&Vector Control District Isilvano IMarchesi Contra Costa County Counsel's Office Joe Mariotti 'Friends of Pinole Creek Watershed 'John Markley City of Orinda Parks&Recreation Commission 'Carol 'Mason Mount Diablo Gateway Alliance 'Greg Mattson McGill Martin Self, Inc. Kristine 'Mauei Tri-Valley Business Council ........... 'Janet 'McBride SF Bay Trail Program,Assoc.of Bay Area Governments IBarronI McCoy City of San Pablo .......... ......................... i Jennifer A. McGarry City of Concord Parks&Rec Commission 'Janet 'Melloni City of Brentwood Park&Recreation Commission Donna Menge John Mercurio Concord Parks and Recreation Commission 'Paul 'Merrick East Bay League Conservation jEd 'Meyer CCC Department of Agriculture Ken !Mintz City of San Ramon Parks&Community Srvcs. Comm. ,Ivy 'Morrison Coalition for Open Space Darrell Mortensen City of Walnut Creek Parks&Recreation Jo-Lynn Mull City of San Ramon Parks&Community Srvcs. Comm. Sandy 'Myers ITown of Danville Leisure Services 'Willie ':Natt Wells Fargo/East Bay Market Area Brenda I Navellier EI Cerrito Park&Recr Commission Steve 'Nelson Summit Bank ILaurabeth Grieneeks Nelson City of EI Cerrito Park&Rec Commission jhKat leen 7Sierra Club, Mt. Diablo Group Page 28 �1'i�'st Mi 0..., .Jek�ir�+eY1�!'�at��itiu� ........ .: -. 'Shirley 'Nootbaar Robert Nootbaar Ron Nunn CCC Agricultural Land Trust Robert Nuzum Contra Costa Water District Pat O'Brien 'East Bay Regional Park District Michael G. I O'Connell Paine Webber, Inc. Clarice Odell City of Orinda Kae I Ono .CCC Community Development Dept. IEdmundo To—,rozco City of Pittsburg Parks&Recreation Commission Mitch 'Oshinsky City of Brentwood PeterOswal.........I.............d S.... .......unset Development Company ...........Garil 10walina City of Orinda Parks&Recreation Edward Pancoast Urban Creeks Council Jenny Papka Native Bird Connection Steve 'Pardieck Muir Heritage Land Trust Laura Pardieck 'Jean 'Parker City of Walnut Creek Park, Rec. &Open Space Comm. Mike lParness City of Walnut Creek 'Stefanie 'Parrott 'Richard Patchin City of Martinez Parks&Recreation 11-ori 'Patotzka Dianne 'Paul Canyon Community Association Leroy Pereira IHenry ..Iferki,ns City of Pittsburg Parks&Recreation Faye Perry . Prospect Sierra Ranch... Mary Nejedly Piepho Wayne IPierce Roddy Ranch,LLC SaljPizzamenti City of Pittsburg Parks&Recreation Bernadette Powell Lindsay Wildlife Museum Bob 'Power Bay Area Ridge Trail Council Edward IlPrenot ICC Master Gardener I.Ted I.Radke East Bay Regional Park District Ted 'Radke East Bay Regional Park District Dylan TR—adke Mike Ramsey City of Pleasant Hill 'Jim Randall City of San Ramon Maya Rappaport City of Orinda jKristopherI Rasmussen City of Lafayette Parks&Recreation ............. IVrees Rauch Peter Rauch California Native Plant Society, East Bay Chapter Winston 'Rhodes City of Brentwood .Nancy Richardson Town of Moraga Parks&Recreation Dan ]RichardsonCity...... ......... of Walnut Creek Mary Rocha Patrick ''Roche CCC Community Development Dept. .......................................... Page 29 Ernie Rodrigues City of Brentwood Par1c&Recreation Commission Richard 'Rollins Affiliated Engineers, Inc. 'Pam 'Romo Friends of the Creeks Carol Rowley City of San Ramon Parks�Recreation Commission Jennifer 1 Russell City of Lafayette Parks&Recreation John 'Ruzek East Bay Bicycle Coalition 'Kevin M. Ryder City of Richmond :Mike Sakamoto City of Hercules ]Lod 'Salamack Town of Moraga Sherry Sank 'City of Martinez Parks&Recreation 'Dave i Sargent 'Ruth Sayre Springhill Valley Homeowners Association Nancy 'Schaefer 'Lou 'Schretel City of Walnut Creek Parks&Rec.Commisson :Patricia 1 Scott. Mary '.Selkirk California Center for Public Dispute Resolution Cece Sellgren CCC Public Works Dept. ]Cece jSellgren IMuir Heritage Land Trust Michael G. Sellors National Audubon Society 'Carolyn Severin EBRPD Board of Directors Dan Shaw City of Richmond Community Development Department ...........-...........'Douglas 'Sheehan City of Pittsburg Parks&Recreation INassirShirazi City of Pittsburg 'Maurice 'Shiu JCCC Public Works Dept. Doug Siden East Bay Regional Park District 'Carol Singer City of Lafayette Parks&Recreation Sir or Madam City of Antioch Leisure Services City of Antioch 'Jean Sid East Bay Regional Park District Jean Sid EBRPD Board of Directors 'Igor Skaredoff Friends of Alhambra Creek 'Shirley 'Skaredoff Friends of Alhambra Creek 'Debra Skeaton Todd V. Skinner City of Orinda Parks 8 Recreation 'Gary Skrel City of Walnut Creek Park, Rec.&Open Space Comm. John 'Slaymaker 'Greenbelt Alliance Katherine 'Small City of Lafayette Parks&Recreation Commission Tiffany Smith Community Youth Council for Leadership&Education Tyler 'Snortum-Phelps Green Party of Contra Costa 'Marcia isomers Town of Danville Leisure Services ....J,Maxine Spellman California State Coastal Conservancy Malcolm iSproul LSA Associates, Inc. Sandy Sprowl Dan 'Stanton INative Bird Connection ........................ John Isteere Sycamore Associates ]Wayne Steffen City of Antioch, Leisure Service Page 30 Fid l��rrt� s��tanne`., ..,. .: ,_,. A�»cjt7�r tt�izatior� 'Karen,.,, Stein Town of Moraga Karen E. Stephenson City of Richmond .1--.-....-1-........li .-........... ...... I.SherrySterrett City of Pleasant Hill ParkS- &Recreation ...... Bruce Stewart Community Youth Council for Leadership&Education Jackie 'Stewart Fran ISticha City of Lafayette Parks&Recreation Evelyn 'Stivers Greenbelt Alliance 'Beth Stone East Bay Regional Park District Eileen Straus Joel 'Summerhill lCity of Pittsburg 'John I Sutter East Bay Regional Park District [-Mark Sweeney City of Martinez Parks&Recreation ]Darrel ISweet iCalifomia Rangeland Trust Richard ITakahashi City of EI Cerrito Park&Rec Commission Bette Tarr Trails for Richmond Action Committee(TRAC) Nancy I Tatarka San Ramon City Council Mike TaugherContra Costa Times ...........-...... James 'Teixeira City of Martinez I. Tom :Terrill The Terrill Company '.Howard Thomas Richard iThompson CCC Ag Trust(staff) Laura Thompson SF Bay Trail Program,Assoc.of Bay Area Governments 'Sandra Threlfall CliffordTong Burton Valley.com --------- Melody. 'Trapp FIsiah 'Turner City of Richmond Gayle B. Uilkema CCC Board of Supervisors Nanci Valche EB Business Gui van Domselaar City of Hercules,Community Development/Public Works [Gerard Van Steyn Shilts Consultants, Inc ]Barbara Vaughn Mt. Diablo Audubon Society Barbara Vincent League of Women Voters Mike Vukelich Contra Costa County Farm Bureau Karen Wahl City of Brentwood Heller Waidtlow Native Bird Connection Loma lWallace Greenbelt Alliance Dave 'Walters MimiWaluch East Bay Regional Park District Ron Ward City of Antioch Jesse lWashington City of Richmond Parks 8 Recreation ]Helen Weaver Icity of Richmond Donald I.Weber City of Lafayette Parks&Recreation Hermann Welm Pinole Pt. Properties Hermann WelmContra Costa Economic Partnership ..............- ...... Nancy jWenninger jEast Bay Regional Park District Page 31 �111IP�;� #,:rv...�,:.': c ,�, , www^`.�y. A2YrG��i�..�,r... '..t).9��� v. Peter Weshler San Jose State University, Dept. Urban&Regional Planning" 'Jackie !Wessman 'Sharon West City of Richmond 'Richard Westin City of Orinda Parks&Recreation Dave Wetmore City of Antioch 'Dave Wetmore City of Antioch, Department of Leisure Services 'Eric Whan CCC Public Works Dept. 'Les 'White City of Pittsburg Sandee Wiedemann 'Ayn Wieskamp East Bay Regional Park District Chris Wilcox City of EI Cerrito Parks&Recreation Commission Linda I Wilcox County Counsel Barry iWilliams City of Richmond, Recreation&Parks Department 'Thomas R. Williams Aetna U.S. Healthcare 'Roland 'Williams Castro Valley Sanitary District Elizabeth Williams-Jones City of Pittsburg Parks&Recreation Pete&Amelia Wilson 'Tim 'Wirth Trust for Public Land Gene I Wolfe Phil Wong City of San Ramon 'John Woodbury Bay Area Open Space Council John Woodbury Bay Area Open Space Council Elva I Yanez Trust For Public Land Bruce :Yow City of EI Cerrito Park&Rec Commission Jim Zelinski Page 32 Attachment C: Additional Background Information on Funding Mechanisms The Advisory Committee conducted a thorough review of potential funding mechanisms in the course of developing its recommendations,referring this subject to a subcommittee for more detailed discussion at several junctures. The Advisory Committee's evaluation process initially focused on a comprehensive summary of all available mechanisms for raising local public funds for open space protection,, a report prepared by staff for the Board of Supervisors in 1999 Qptions for Funding the Acquisition and Protection of Qpen Space and Agricultural Lands in Contra Costa County). Based on a review of this report and a series of discussions with invited experts on the emerging approach of using a Benefit Assessment District for regional open space protection, the Advisory Committee identified the following as the three most feasible alternatives: 0 General Obligation Bond: The sale of bonds backed by the full faith and credit of the issuing agency and repaid through a temporary increase in the ad valorem property tax. The size of the tax increase is determined by the amount of bond revenues desired, the term for repaying the bonds, and the interest rates available in the bond market. 0 Parcel Tax: A tax on real property. The tax may be levied on a flat, per- parcel rate, or may be graduated according to the use of the property (i.e. commercial properties may pay one rate and residential properties may pay another) or according to other criteria. The tax cannot be levied on an ad valorem basis. If tax revenues are to be dedicated to a specific purpose, the parcel tax is defined as a Special Tax and requires the approval of 2/3 of the voters m* a special election(same is true for general obligation bond). Benefit Assessment District: An assessment(i.e., a charge) on real property to pay for the special benefit conveyed to that property from a government service. The amount assessed is determined by an engineer's report that distributes the cost of the government service according to benefit received by each. Assessments must be approved by a weighted majority of property owners in an election conducted by mail. Votes are weighted according to the amount of assessment that would be paid. The table below compares the features of these three alternative funding approaches. General Obligation Parcel Tax Benefit Assessment Bond District How are funds Increase in ad valorem Tax on individual Assessment on generated? tax on property parcels. Possible for property. Amount tax to be a flat, per- assessed is parcel charge or to determined by vary tax by type of engineers report that parcel and other distributes costs factors. according to benefits. 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N ::•;_ .� CLD Ca 0 L g U_ co CL 2i CONTRA COSTA COUNTY OPEN SPACE FUNDING AUTHORITY Resolution #2004-1 A RESOLUTION INITIATING FORMATION AND OF INTENTION TO ESTABLISH AN ASSESSMENT DISTRICT AND DIRECTING ACTIONS WITH RESPECT THERETO RESOLVED, by the Governing Board (the "Board") of the Contra Costa County Open Space Funding Authority (the "Authority"), County of Contra Costa (the "County"), State of California, as follows: 1. Authority. The Board hereby initiates and declares its intention to undertake proceedings to order the formation of an assessment district pursuant to the Landscaping and Lighting Act of 1972, Part 2, commencing with Section 22500, of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution. 2. Designation. The assessment district proposed in this Resolution is hereby given the distinctive designation of "Contra Costa County Open Space Funding Authority, Parks and Open Space Protection and Preservation District" (the "Assessment District"). 3. Boundaries. The general location and the proposed boundaries of the Assessment District are as shown on a map entitled "Assessment Diagram, Contra Costa County Open Space Funding Authority, Parks and Open Space Protection and Preservation District," on file and open to inspection in the office of the Authority Secretary. This map indicates by a boundary line the extent of the territory included in the Assessment District. 4. Improvements. The improvements proposed to be financed by the Assessment District are described in Exhibit A attached hereto and hereby made a part hereof. 5. Engineer's Report. The Shilts Consultants, Inc., Fairfield, California, is hereby designated as the Engineer of Work for the Assessment District. The Engineer of Work has caused to be prepared a report (the "Engineer's Report"), containing the information required by Street & Highways Code sections 22565-22547, and has filed the Engineer's Report with the Authority Secretary. The Engineer's Report has been duly considered by this Board, is hereby deemed sufficient and preliminarily approved. Full and detailed descriptions of the improvements, the boundaries of the Assessment District, and the proposed assessments upon assessable lots and parcels of land within • the Assessment District are contained in the Engineer's Report and are hereby incorporated by reference. 6. Public. Hearing. Pursuant to the Act, this Board hereby orders that a public hearing shall be held before this Board, in the Chambers of the County Board of Supervisors, Room 107, County Administration Building, 651 Pine Street, Martinez, California on Tuesday, July 27, 2004, at the hour of 1:00 p.m. for the purposes of this Board's determination whether the public interest, convenience and necessity require the improvements, whether the properties in the Assessment District are specially benefited by the improvements, the tabulation of special assessment ballots and the determination of the existence of any majority protest and this Board's final action upon the Engineer's Report and the assessments therein. The public hearing may be continued from time to time as determined by the Board. 7. Mailed Notices. The Authority Secretary is hereby authorized and directed to cause notice of the public hearing herein ordered to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the Authority and the return address of the Authority Secretary as the sender. The mailed notice shall be given to property owners within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Contra Costa. The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot which includes the Authority's address for receipt of completed ballots, and showing the owner's name, identification of the parcel and space for the owner to indicate support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered herein. 8. Information. To get additional information about the assessments or the Assessment District contact: John Kopchik, Contra Costa County Open Space Funding Authority, 651 Pine Street, 4th Floor-North Wing, Martinez, CA 94553; telephone (925) 335-1290; e-mail jkopc@cd.co.contra-costa.ca.us. The Engineer's Report and other written material about the Assessment District may also be reviewed at the Authority Secretary's office, 651 Pine Street, 4th Floor-North Wing, Martinez, CA 94553, during regular business hours. 9. Effective. This resolution shall take effect immediately upon its adoption. 2 * * * * * * * * * * * Passed and adopted this 25th day of May, 2004, by the following vote: UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE CONTRA COSTA COUNTY OPEN SPACE FUNDING AUTHORITY ON THE DATE SHOWN: ATTESTED: Dennis M. Barry, Secretary of the Contra Costa County Open Space Funding Authority BY: 3 r EXHIBIT A CONTRA COSTA COUNTY OPEN SPACE FUNDING AUTHORITY Parks and Open Space Protection and Preservation District DESCRIPTION The improvements proposed to be funded by the Assessment District (the "Improvements") are legally defined by the Act (Section 22525 of the Streets and Highways Code) and include, but are not limited to, installation of park or recreational improvements, installation of landscaping, installation of facilities appurtenant to the improvements, maintenance or servicing of improvements and acquisition of land for park, recreational or open space purposes. The Improvements are generally described to include the following: (a) Acquisition of real property in fee for park, recreational or open space purposes. Such real property may include, but is not limited to, open space lands, greenbelts, hillsides, viewsheds and watersheds, shorelines, riparian corridors, urban open space, parks, agricultural lands, wetlands, surplus school sites and quarries. (b) Acquisition of interests in real property for park, recreational or open space purposes. Such interests may include, but are not limited to, easements, rights of entry, leaseholds, dedications, development rights, conservation easements and utility rights of way on real property such as that set forth in Section III.A.1.(a) of this Report. (c) Maintenance and servicing of such real property and interests in real property acquired with funding from assessments pursuant to this Report. (d) Acquisition, installation, maintenance or servicing of improvements or public facilities such as landscaping, recreational facilities, benches, signage, fencing, firebreaks, picnic areas, playground equipment, play courts, restrooms, trails, lighting, electrical facilities, foot bridges and land preparation such as grading, irrigation or drainage on (1) real property owned by, or encumbered by property rights held by, or maintained by, the Authority; or (2) on real property owned by, or encumbered by property rights held by, or maintained by any local agency or non-profit entity within the jurisdictional area of the Authority that participates with the Authority in any of the acquisitions, installations, maintenance and servicing described herein. 2. Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improvement, including (a) repair, removal, or replacement of all or part of any Improvement; (b) providing for the life, Exhibit A _1_ growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting and painting of walls and other Improvements to remove or cover graffiti. (Sts. & Hy. Code, § 22531.) 3. Servicing Servicing means the furnishing of (a) electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other Improvements; and (b) water for irrigation of any landscaping, the operation of any fountains, or the maintenance of any other Improvements. (Sts. & Hy. Code, § 22538.) 4. Incidental Expenses Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Streets and Highways Code; and (g) costs associated with any elections held for the approval of a new or increased assessment. (Sts. & Hy. Code, § 22526.) Exhibit _2- AV XX CONTRA COSTA►COUNTY OPEN SPACE F ND iNG'AUTHORITY Parks and Open Space Protection and Preservation District PRELEmNARY ENGINEERS��EPCIRT :s May 19 2{)04 ii; •ii::::�-;}:i::-:'lS:ii::r::i'�::;.'ii:-iiii:::.::j:::ivv:::i.; i:;..rr: y;:::i:vii:::' :y Engineer of Work Shxis Consultants Inc.i::.:.:: .:.::..:•:....::.-::-:.::.:.::.:.::.:....::::::::::..::.:...�::.. :::::::::::::::: 23OO Boynton Avenue, Sine:: Fairfiel(L 70426-5 hi.1 .i ......:..::. ::.. M CONTRA COSTA COUNTY OPEN SPACE FUNDING AUTHORITY Parks and Open Space Protection and Preservation District TABLE OF CONTENTS III. PLANS AND SPECIFICATIONS5 A. DEFINITIONS AND DESCRIMONS......................................................................................................5 B. FRAMEWORK........................... ...*.*..... .....*....0..&0.0 0.*..*0.0..0.0..*...*...**6 C. ExPENDrruRE AREAs...............................................................................................................09.0..0.7 D. IwRovEmEws................................................................................................................................9 IV. ESTIMATE OF COSTS AND 16 A. ESTIMATE OF Com....................................................................................................................... 16 V. METHOD OF ASSESSMENT APPORTIONMENT 19 A. METHOD OF AppomommENT........................................................................................................ 19 B. DiscussioN OF BENEFIT........................................................................................................... 19 C. CRITERIA AND POLICIES.................................................................................................................28 D. GENERAL vERsus SPECIAL BENEFu...............................................................................................29 E. Bamm FINDING AND ZONES OF BENEFu.....................................................................................31 F. ASSESSMENT AppmnommENT......................................................................................................34 G. METHOD OF ASSESSMENT...............................................................................................................34 VI. ASSESSMENT 40 VII. ASSESSMENT DIAGRAM... 42 VIII. ASSESSMENT ROLL(SPREAD OF COSTS)........ L INTRODUCTION The Contra Costa County Open Space Funding Authority (the "Authority") is a joint powers authority formed between the County of Contra Costa (the "County"), and the East Bay Regional Park District (the "Park Districr). After a four year public involvement process, the Authority was created to acquire, improve and maintain land in Contra Costa County for park, recreation or open space purposes. According to the United States Census, the population in the County in 1990 was 803,732 and on July 1, 2003, the total County population is estimated to be 1 1001 1136, representing a 24.5% increase over this time period. Since the County is approximately 720 square miles in total area, the current population density is approximately 1,390 people per square mile.' The map on page 3 depicts the area served by the Authority, the general location of the County and primary access points into the County from surrounding areas. This Preliminary Engineer's Report ("Report"} was prepared to (1) establish the estimated costs of the acquisitions, improvements and maintenance services that would be funded by the proposed assessments of the Parks and Open Space Protection and Preservation District (the "Assessment District"); (2) to determine the special and general benefits derived thereby; and (3) to apportion the proposed assessments to lots and parcels within the Assessment District based on the estimated special benefit each parcel receives. This Report and the proposed assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act")and Article XIIID of the California Constitution (the"Article"). After consideration of this Report, the Governing Board of the Authority (the "Board") may, by resolution, preliminarily approve this Report, call for an assessment ballot proceeding and establish a date for a public hearing on the proposed assessments. The ballot proceeding and the potential levy of the assessments are subject to the procedures and approval process set forth in Articles XIIIC and MID of the California State Constitution and the Act. If the Board approves such resolution, a notice of assessment and assessment ballot would be mailed to property owners owning property Within the jurisdictional area of the Authority. Such notice would include descriptions of the proposed assessments and the acquisitions, improvements and maintenance services the assessments would fund as well as an explanation of the method of voting on the assessments. Each notice would also include a ballot upon which the property owner could mark his or her approval or disapproval of the proposed assessments. After the ballots are mailed to property owners, a minimum 45-day time period must be provided for the return of the assessment ballots. Following this minimum 45 day time period, a public hearing must be held for the purpose of allowing public input regarding the proposed assessments. This hearing is currently scheduled for Tuesday, July 27, 2004. At this hearing, the public would have the opportunity to speak on this issue and to present additional input to the Board. After the close of the public input portion of the public hearing, the returned ballots would be tabulated. The results of the tabulation are scheduled to be announced on August 10, 2004. If it is determined that the assessment ballots submitted in opposition to the proposed assessments do not exceed the assessment ballots submitted in favor of the assessments Contra Coda County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Page I Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. (weighted by the proportional financial obligation of the property for which ballots are submitted), the Board may take action to confirm and approve the levy of the assessments for fiscal year 2004-05. If the assessments are so confirmed and approved by the Board, the levies would be submitted to the County Auditor/Controller in August 2004 for inclusion on the property tax roll for Fiscal Year 2004-05. If the assessments are so confirmed and approved, they may be continued in future years by a majority vote of the Board. This annual assessment continuation process would require the creation of a budget for the upcoming fiscal year, an updated assessment roll listing all parcels and their proposed assessments for the upcoming fiscal year, preparation of an updated Engineer's Report, a noticed public meeting at which the Engineer's Report would be preliminarily approved, publication in a local newspaper of the Board's intent to continue the assessment, and a noticed public hearing prior to the Board's decision on continuing the assessments. Contra Costa County Open Space Funding Authority,,Parks and Open Space Protection and Preservation District Page 2 Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. r . _ Om tai 40 rr to CJ 0 El 0 4 C3 .91 z Q �Ci it . _ a is * a V M 4 V1 t3 'a atn ,! � OGtJ1nQ��tJ� �� S� y it a1 V U u5 CONTRA COSTA COUNTY OPEN SPACE FUNDING AUTHORITY Parks and Open Space Protection and Preservation District It. CER TIFICA TES I The undersigned respectfully submits the enclosed Engineer's Report and does hereby certify that this Engineer's Report, and the Assessment and Assessment Diagram herein, have been prepared by me. Engineer qtWork, License No. C52091 2. 1, the Secretary of the Contra Costa County Open Space Funding Authority, County of Contra Costa, California, hereby certify that the enclosed Engineer's Report, together with the Assessment and Assessment Diagram thereto attached, was filed and recorded with me on 2004. Secretary of the Board 3. 1, the Secretary of the Contra Costa County Open Space Funding Authority, County of Contra Costa, California, hereby certify that the Assessment in this Engineer's Report was approved and confirmed by the Board on 20049 by Resolution No. Secretary of the Board 4. 1, the Secretary of the Contra Costa County Open Space Funding Authority, County of Contra Costa, Califomia, hereby certify that a copy of the Assessment and Assessment Diagram was filed in the office of the County Auditor of the County of Contra Costa, California, on 92004. Secretary of the Board 5. 1. the County Auditor of the County of Contra Costa, California, hereby certify that a copy of the Assessment Roll and Assessment Diagram for fiscal year 2004-05 was filed with me on 92004. County Auditor, County of Contra Costa Contra Costa County Open Space Funding Authority,,Parks and Open Space Protect on and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 4 111. PLANS AND SPECIFICATIONS A. Derinfflons and Descriptions L Improvements The improvements proposed to be funded by the Assessment District (the "Improvements") provide special benefit to parcels within the Assessment District as defined in the Method of Assessment herein. Improvements are legally defined by the Act (Section 22525 of the Streets and Highways Code) and include, but are not limited to, installation of park or recreational improvements, installation of landscaping, installation of facilities appurtenant to the improvements, maintenance or servicing of improvements and acquisition of land for park, recreational or open space purposes. The 2 Improvements are generally described to include the following.- (a) Acquisition of real property in fee for park, recreational or open space purposes. Such real property may include, but is not limited to, open space lands, greenbelts, hillsides, viewsheds and watersheds, shorelines, riparian corridors, urban open space, parks, agricultural lands,wetlands, surplus school sites and quarries. (b)Acquisition of interests in real property for park, recreational or open space purposes. Such interests may include, but are not limited to, easements, rights of entry, leaseholds, dedications, development rights, conservation easements and utility rights of way on real property such as that set forth in Section I I I.A.1.(a)of this Report. (c) Maintenance and servicing of such real property and interests in real property acquired with funding from assessments pursuant to this Report. (d)Acquisition, installation, maintenance or servicing of improvements or public facilities such as landscaping, recreational facilities, benches, signage, fencing, firebreaks, picnic areas, playground equipment, play courts, restrooms, trails, lighting, electrical facilities, foot bridges and land preparation such as grading, irrigation or drainage on (1) real property owned by, or encumbered by property rights held by, or maintained by, the Authority; or(2) on real property owned by, or encumbered by property rights held by, or maintained by any local agency or non-profit entity within the jurisdictional area of the Authority that participates with the Authority in any of the acquisitions, installations, maintenance and servicing described herein. Z Maintenance Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improvement, including (a) repair, removal, or replacement of all or part of any Improvement; (b) providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting and painting of walls and other Improvements to remove or cover graffiti. (Sts. &Hy. Code, §22531.) Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 5 3. Servicing Servicing means the furnishing of(a) electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other Improvements; and (b) water for irrigation of any landscaping, the operation of any fountains, or the maintenance of any other Improvements. (Sts. & Hy. Code, §22538.) 4. Incidental Expenses Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b)the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Streets and Highways Code; and (g) costs associated with any elections held for the approval of a new or increased assessment. (Sts. & Hy. Code, §22526.) B. Framework The Contra Costa County Board of Supervisors created the Ad Hoc Committee on Open Space Funding on September of 1999 to make recommendations on whether and how to create new local funding for open space, parks, recreation, natural resource, and farmland preservation needs throughout the County. To achieve this goal, the Ad Hoc Committee convened an open committee of individuals and organizations interested in this topic to provide specific advice and input. After more than three and one-half years of meetings, this citizen committee, the Contra Costa County Advisory Committee on Open Space Funding (the"Advisory Committee"), recommended that a funding measure be placed before the property owners of the County with proceeds to be managed by the Authority. The Advisory Committee also prepared a plan for open space preservation, the Framework for an Open Space Protection and Enhancement Funding Measure for Contra Costa County, dated May 25, 2004 (the"Framework"). The provisions and terms of the Framework guide the funding, operation, management and oversight of the Improvements. However, in the event of a conflict in terms or provisions between the Framework and this Report, this Report shall govern. The Framework sets forth the following categories and descriptions to outline the variety of open space actions needed in the County: Scenic Landscapes and Regional Parks—Preserve defining features of our landscape such as important ridgelines and other scenic landforms,green buffers, connections between existing parkland areas, and other unique landscape or community features; Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 6 CreekslWatershedy—Protect & restore urban & other creeks, watersheds, wetlands, and soil, and improve water quality, safety and flood plain management; Farmland Maintain the County's agricultural heritage through purchase of conservation easements, buffers, irrigation water or other protections for prime agricultural soils,rangeland,and unique agricultural features; Historic Preservation Preserve historic structures and cultural resources and provide educational opportunities; Local & Municipal ParkslRecreation—Enhance and create local Parks to improve quality of life in our existing communities and complement revitalization efforts;provide healthy,safe recreational alternatives for our youth-, Shorelines Protect and restore the shorelines and marshes of the Bay and Delta, provide public access,education and recreation opportunities,and improve water quality; I Trailslftblic Access Facilities—Close gaps in major Bay Area trails such as the Bay Trail and Ridge Trail, unify and connect existing regional trail systems,, improve existing trails,public access and equestrian access;and Wildlife Habitat and Corridors—Protectlenhance the habitat of unique and valuable plants and animals.3 C. Expenditure Areas Contra Costa County encompasses unique geographic sub-areas. The western areas of the County, which include the industrial areas along the Richmond shoreline and the urbanized areas along the Interstate 80 corridor, are bordered by the San Francisco and San Pablo Bays to the west and by the Oakland Berkeley Hills and Briones Hills to the east. The central area,which includes the urbanized valley floor along the Interstate 680 corridor, is generally bordered by the Briones Hills and Las Trampas Ridge to the west and the Mount Diablo range to the.east. The eastern areas, which include agriculture and urbanized areas, extend east from the Mount Diablo range to the San Joaquin River Delta. In order to more clearly establish a basis for equal levels of special benefits to all properties of similar type, three areas (the "Expenditure Areas") have been created within the Assessment District. A specific requirement for the Assessment District is that the net available assessment funds generated in an Expenditure Area must be used for Improvements in that Expenditure Area. The criteria for the Assessment District are further delineated in Section V.0 of this Report. These Expenditure Areas, which are depicted on Map 2 and the Parks and Open Space Protection and Preservation District Assessment Diagram in Section VII of this Report, are described as"West County,""Central County"and"East County." Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 7 f: Now >> L :.f::�frff?}iirf'i':i•:3 '.I.. '{.%�•::::. i+1f},'.Y: S .'L y .• �- ;`> -� 1111111 LM an 00 Lo c .«.. CL CL 4) X. 0 w +4 f a . We Mid : s 4 C :. .10 r�+ 1 4 p ca ;arC y �p A\ p' ^.Y o.. ■ yJ f G Q .AA •,•'Y.if f ,, � > aca rf:- 40 b a 4 Sf tY a s r.•Y::i Y - i -.'Ci.'•;:�:;'?:•`tit:?::�:�� �,���\•''.• W � 4i7 Y t=►3 civ� ,� V� D. Improvements The following projects (the "Projects"), identified in the Framework, further describe and define the Improvements to be funded by the assessments. The Expenditure Area(s)for each Project are listed on the Estimate of Cost and Budget in Section IV of this Report. 1. Flagship Projects Flagship Projects are Projects of countywide significance. Approximately 36% of the assessment funds received by the Authority will be allocated to Flagship Projects. These Flagship Projects are described as follows: a) Mt. Diablo Park Expansions Mt. Diablo State Park is one of California's oldest and most heavily used parks. It supports critical wildlife habitats and is home to many threatened species. A large percentage of the lands on and around the mountain is privately owned and faces development pressure. Funds from the Assessment District would be used to acquire and preserve additional lands to expand Mt. Diablo State Park and better connect it to other neighboring parks and open space areas. b) San Francisco Bay Trail In the 1990s, the California legislature identified the need for a trail that would ring the San Francisco Bay, and provided initial money to help begin its creation. The Assessment District would provide funds to help complete this trail in Contra Costa County, including missing links between Richmond and Crockett. c) Richmond Shoreline This 30-mile stretch of shoreline contains a variety of scenic and environmental resources and offers three-bridge views of the San Francisco Bay. Funds from the Assessment District would be used to preserve and restore shorelines, wetlands and historic features, and to create new trails or public access opportunities. d) Muir Heritage Corridor This is the area of rolling hills generally north of Briones Regional Park. This land, which is primarily used for private cattle ranching, includes watershed lands, scenic vistas and wildlife habitats. Funds from the Assessment District would be used to acquire parklands and easements to protect the scenic and ranching heritage of the area. e) Prime Farmland/Agricultural Core The last large farming area remaining in the County is located in the lands east of Brentwood from Knightsen to Byron. This area has rich peat soils and supports productive fruit and nut trees. Funds would be used to help preserve this prime agricultural area through acquisition of land or conservation easements. f) North Contra Costa Wetlands and Riverfront The San Francisco and San Pablo Bay-Delta system is considered a water way, public resource and wildlife area of statewide significance. Funds would be used to acquire and preserve shorelines and waterfront lands between Pinole and Oakley. The Assessment contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 9 District's funds would also be used to open these shoreline areas for public benefit by creating trails and other public access facilities. g) Tassajara Valley The Tassajara Valley lies just east of Danville, San Ramon and the Dougherty Valley. Camino Tassajara runs through the Tassajara Valley, from Blackhawk to the Alameda County line. The valley is facing development pressure, and funds from the Assessment District would be used to acquire and preserve scenic hillsides, ridgelines, ranches and other open space in this area. h) Las Trampas Open Space Connections Extending from the LafayetteMalnut Creek boundary south to the Alameda County line, this prominent ridgeline parallels the west side of 1-680. Funds would be used to protect and permanently preserve this unique urban wilderness area and to help protect and maintain the watershed lands and clean water sources for public drinking water reservoirs in the area through acquisition of land or easements. Q Kirker Hills These scenic hills frame the eastern side of Concord and Clayton and the southern edge of Bay Point and Pittsburg. Funds from the Assessment District would be used to purchase land and agricultural easements that would protect this area into the future as ranching lands and would help prevent urban sprawl and large lot development. j) East County Foothills This large grassland and oak savannah area extends from the southern end of Antioch and the western boundary of Brentwood south to the Byron Airport. This area is home to many endangered species. Funds would be used to preserve additional parklands in this area and to protect important wildlife corridors through acquisition of land or easements. k) Larnorinda Greenbelt The Lamorinda Greenbelt lies along the north side of Lafayette and Orinda and extends west and south to include the Caldecott wildlife corridor. Funds from the Assessment District would be used to protect this important wildlife corridor and to preserve other lands along the greenbelt through acquisition of land or easements. 1) Creek and Watershed Restoration The Assessment District includes funding for restoring creeks throughout the County and for protecting lands around creeks, streams and lakes to reduce water pollution. Specific projects include the restoration of the natural character and function of creeks; transformation of creeks into community amenities and local educational opportunities through enhancement of visual character and improved public access; enhancement of water quality, including reduced pollution and sedimentation to benefit public health and struggling fish and wildlife populations; and watershed restoration, including weed management, and improved permeability to restore natural groundwater recharge and minimize flooding. Funds for this Flagship Project would be divided equally among the following geographic areas: 1. West County watersheds from Crockett to the Alameda County line; 2. East County watersheds from Bay Point to Oakley and Brentwood; Contra Costa County Open Space Funding Authority,Parks and Open Space Proteabn and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 10 3. North and Central County watersheds, including Alhambra Creek, Grayson Creek, Mt. Diablo Creek, and Walnut Creek from the southern boundary of the City of Walnut Creek north to the Bay; 4. South and Central County watersheds, including the Lamorinda area and the lands south of Walnut Creek to the Alameda County line; 5. Rural, less-impacted portions of each of these watersheds. m) Trail Construction and Enhancements The Assessment District would provide funding to acquire right-of-way and construct new trails, to enhance existing trails and to provide additional access to parks and recreation areas for disabled people. Priority would be given to projects providing sub-regional or regional connectivity, i.e.,trails connecting communities, regional parks or major city parks. 2. Regional Priority Projects Regional Priority Projects are open space, shoreline, clean water and park projects that are considered important to regional areas of the County and for which there are insufficient local resources. These projects will require matching funds of at least one-to-one. Approximately 16% of the assessment funds received by the Authority will be used for Regional Priority Projects. (1) West Moraga/Indian Valley Open Space Acquisition The West Moraga/Indian Valley Open Space area is generally adjacent to the San Leandro Reservoir Watershed. Funds from the Assessment District would be used to acquire land or easements to expand the publicly protected lands adjacent to the San Leandro Reservoir Watershed and provide for public parklands connectivity to Sibley Regional Park. (2) Burton Ridge Open Space Acquisition in the Lafayette/Walnut Creek Area Burton Ridge parallels the western boundary of Rossmoor and is the eastern backdrop for the City of Lafayette. Funds from the Assessment District would be used to acquire land or easements to protect this scenic ridgeline and augment the open space recreational opportunities in the area. (3) El Sobrante Hills Open Space Acquisition The El Sobrante Hills open space area generally encompasses the hillsides that surround El Sobrante Valley. Funds from the Assessment District would be used to provide seed money to acquire land or easements to protect the rugged and slide prone hillsides and contribute to completion of the Bay Area Ridge Trail. (4) Big Break Shoreline and Delta Science Center in the Oakley area The Big Break Shoreline and Delta Science Center is generally located in the Oakley area *V along the Delta. Funds from the Assessment District would be used to develop local park amenities near the Dutch Slough Restoration Project and/or fund the construction of a Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 11 major educational and scientific institution on the Delta Shoreline, the Delta Science Center. (5) Old River Delta Shoreline Park Acquisition and Development near Discovery Bay Funds from the Assessment District would be used to acquire and create a shoreline park in the Discovery Bay area, improving public access to the recreational resources of this part of the Delta. (6) John Marsh Home Pioneer Park Development near Brentwood The John Marsh Home is the oldest home in the County. Funds from the Assessment District would be used for improvements to the historic facility and to enhance the surrounding public property. (7) El Cerrito, Kensington, and Southern Richmond: San Francisco Bay Shoreline to the Hills Urban Open Space and Creeks The highly urbanized southwest area of the County presents a wide variety of opportunities for new parks and open space. Funds from the Assessment District would be used for projects including wetland restoration on the shoreline, creek restoration and associated pocket parks through the lowlands, and hillside protection in the hills. (8) Walnut Creek Watershed Enhancement Project The Walnut Creek Watershed encompasses the creek and watershed system from San Ramon and Lafayette to Suisun Bay. Funds from the Assessment District would be used to enhance this creek system. Specific projects would include implementation of the 1992 restoration plans for the Walnut Creek Channel and aesthetic improvements to the Iron Horse Trail. (9) Concord Naval Weapons Station Habitat Restoration and Wetlands Access Assessment District funds would support restoration of habitat and creation of public access to wetland areas in this partially-closed military facility, consistent with the interim use plan now being formulated by the Navy in conjunction with local agencies. (10) Lindsay Wildlife Museum Offsite Rehabilitation Center Funds from the Assessment District would be used to create a rural facility operated by the Lindsay Wildlife Museum to care for larger species of rehabilitated wildlife and prepare them for re-introduction to the wild. (11) Byron Airport/Habitat Corridor Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,,Inc. Page 12 The Byron Airport/Habitat Corridor generally encompasses lands between the Byron Airport and the Los Vaqueros Reservoir. Funds from the Assessment District would be used to acquire lands between the Byron Airport and the Los Vaqueros Reservoir to help create and preserve a wildlife corridor by connecting fragmented habitat lands. (12) Bishop Ranch/Big Canyon Park Expansion in the San Ramon area The Bishop Ranch Park and Big Canyon are generally located south and west of San Ramon. Assessment District funds would be used to acquire land and easements that will help combine parkland in southwest San Ramon into a cohesive unit. (13) Blackhawk/Danville Greenbelt Funds from the Assessment District would be used to acquire parklands or conservation easements east of new housing projects approved along Camino Tassajara and north of the rural Tassajara Valley Flagship Project area. (14) Northwest Communities Open Space Connection The northwest communities include Hercules, Rodeo and Crockett. Assessment District funds would be used to acquire land or easements to be together open space and parklands between Hercules, Rodeo and Crockett. (15) Pittsburg/Antioch Hillsides Funds from the Assessment District would be used to purchase parklands or conservation easements between existing park and dedicated open space lands to help combine these areas into a cohesive open space system along the southern perimeters of Pittsburg and Antioch. (16) Wildcat Creek Trail Extension in the North Richmond and San Pablo areas Funds from the Assessment District would be used toward completion of the Wildcat Creek Trail from the Bay Trail in North Richmond through San Pablo to Alvarado Park at the foot of the hills. 3. Community Ptiority Projects Community Priority Projects are new and improved neighborhood parks, recreation areas and children's playgrounds in urban areas. Approximately 16% of the assessment funds received by the Authority will be provided for Community Priority Projects in every city and community on a per-capita basis: • Acquisition and creation of new neighborhood parks and restoration and renovation of existing neighborhood parks • Restoration of urban creeks and natural resources in cities • Enhancement of children's playgrounds Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 13 • Recreational facility improvements Five percent of the funds allocated for Community Priorities Projects will be reserved for projects that are jointly sponsored by two or more public agencies so long as the lead agency and land manager is a city, the County, or a park district. 4. MaintenancelRestoradon Projects Funds from the assessment District would also be used to restore, improve and maintain existing, regional-scale parks, open space areas, shorelines, and watershed lands throughout Contra Costa County and the lands that are acquired with Assessment District funds. a) Existing Park/Open Space Maintenance Projects Approximately 12% of the assessment funds received by the Authority will be used to maintain, improve and restore existing State and regional parks, open space areas and shorelines throughout Contra Costa County, including park rangers to operate, maintain and preserve the Improvements. Such maintenance, improvement, and restoration projects ("Existing Park/Open Space Maintenance Projects") shall be provided for existing East Bay Regional Park District and California Department of Parks and Recreation lands and facilities, including: • Antioch/Oakley Regional Shoreline • Bishop Ranch Open Space Regional Preserve • Black Diamond Mines Regional Preserve • Briones Regional Park • Briones to Mt. Diablo Regional Trail • Browns Island Regional Preserve • California Riding and Hiking Trail • Carquinez Strait Regional Shoreline • Castle Rock Regional Recreation Area 0 Contra Costa Canal Regional Trail 0 Contra Loma Regional Park 0 Delta de Anza Regional Trail 0 Diablo Foothills Regional Park 0 Huckleberry Botanic Regional Preserve 0 Iron Horse Regional Trail (north) 0 Kennedy Grove Regional Recreation Area 0 Lafayette-Moraga Regional Trail 0 Las Trampas Wilderness Regional Preserve 0 Little Hills Ranch Picnic Park 0 Marsh Creek Trail, Oakley 0 Martinez Regional Shoreline 0 Miller/Knox Regional Shoreline 0 Morgan Territory Regional Preserve 0 Mount Diablo State Park 0 Point Isabel Regional Shoreline 0 Point Pinole Regional Shoreline 0 Redwood Regional Park *A# Contra Costa County Open Space Funding Authority Parks and Open Space Protection and Preservation Disftict Engineer's Report Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 14 9 Round Valley Regional Preserve • Sobrante Ridge Botanic Regional Preserve • Tilden Regional Park • Waterbird Regional Preserve • Wildcat Canyon Regional Park b) New Park/Open Space Maintenance Projects To maximize public benefits, lands and facilities that are acquired and preserved by the Assessment District will need to be maintained, restored or improved. Such maintenance, improvements, and restoration projects ("New Park/Open Space Maintenance Projects") may include, for example, the restoration of wildlife or natural habitats, enhancement and maintenance of public access and improvement of recreational facilities. In addition, the Assessment District will fund park rangers to operate, maintain and preserve the Improvements. Approximately 8% of the assessment funds received by the Authority will be used for such New Park/Open Space Maintenance Projects. c) Competitive ParklOpen Space Maintenance Projects Approximately 5% of the funds assessment funds received by the Authority Will be awarded on a competitive basis to fund maintenance, restoration, and improvements of regional-scale parks, watershed lands, trails and open space areas in Contra Costa County by the entities responsible for operating these facilities. Maintenance/improvement projects that are capital in nature, such as the restoration or improvement of trails or public access facilities would have priority in project selection. Matching funds from other sources will be required for those projects ("Competitive Park/Open Space Maintenance Projects"). S. Opportunity Reserve Fund Approximately 5%of the assessment funds received by the Authority will be placed in an Opportunity Reserve Fund and held for capital Projects of flagship or regional priority level that aren't presently identified herein or are subsequently determined to be under- funded. Not less than 24%of these funds shall be reserved for flagship level Projects. E. Incidental and Administration Costs No more than 3% of the funds from the Assessment District, disbursed to the Authority after charges for collection shall be used for costs related to the administration of the assessments and the Improvements. Any other incidental costs related to the formation of the Assessment District, assessment engineering, legal proceedings or the issuance of bonds or other financing costs for the Assessment District shall not be included this restriction on administrative costs. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shills Consultants,Inc. Page 15 IV. ESTIMATE OF COSTS AND.BUDGET A. Estimate of Costs The following is an estimate of the cost of the Improvements that would be funded by the Assessment District in Fiscal Year 2004-05, if the proposed assessments are approved by property owners in a ballot proceeding. The expenditures would be governed by the policies and criteria established within this Report, additional policies and criteria in the Framework and any additional policies established by the Board. Contra costa County Open Space Funding Authority,Parks and Open Space Protection and Presentation District Engineer's Report Fiscal Year 2004-05 by Shifts Consultants,,Inc. Page 16 Table I -Estimate of Costs CONTRA COSTA COUNTY OPEN SPACE FUNDING AUTHORITY Parks and Open Space Preservation and Protection District Estimate of Cost Fiscal Year 2004-05 Assessment Total District Contributfon B!Lck!t. Beginning and Balance,July 04 $0 Expenditure Area Acquisition,Installation,Maintenance&Servicing Costs Flagship Projects $215,500 $86,200 $3010700 C/E Mt.Diablo Park Expansions W San Francisco Bay Trail Completion $215,500 $86,200 $301,700 W Richmond Shoreline $215,500 $86,200 $301,700 W/C Muir Heritage Corridor $215,500 $86,200 $3019700 E Prime Farmland/Agricultural Core $215,500 $86,200 $301,700 CIE North Contra Costa Wetlands and Shorelines $215,500 $86,200 $301,700 C Tassajara Valley $215,500 $86,200 $301,700 C Las Trampas Open Space Connections $215,500 $86,200 $3010700 C/E Kirker Hills $215,500 $86,200 $301,700 E East County Foothills $215,500 $86,200 $301,700 C Lamorinda Greenbelt $129,300 $51,720 $181,020 All Creek and Watershed Restoration $215,500 $86,200 $301,700 All Trail Construction and Enhancements $215,500 $86,200 $301,700 Regional Priority Projects C West MoragaAndian Valley Open Space Acquisition $86,200 $86,200 $172,400 C Burton Ridge Open Space Acquisition in the Lafayette/Walnut Creek Area $86,200 $86,200 $172,400 W El Sobrante Hills Open Space Acquisition $86,200 $86,200 $172,400 E Big Break Shoreline and Delta Science Center $86,200 $86,200 $172,400 E Old River Delta Shoreline Park&Discovery Bay $86,200 $86,200 $172,400 E John Marsh Home Pioneer Park $86,200 $86,200 $172,400 W San Francisco Bay Shoreline,Hills,Urban Open Space,and Creeks $86,200 $86,200 $172,400 C Walnut Creek Watershed Enhancement Project $86,200 $86,200 $172,400 C Habitat Restoration/Wetland Access,Concord Naval Weapons Station $86,200 $86,200 $172,400 C Lindsay Wildlife Museum Offsite Rehabilitation Center $51,700 $51,700 $103,400 E Byron Airport/Habitat Corridor $86,200 $86,200 $172,400 C Bishop Ranch/Big Canyon Park Expansion $43,100 $43,100 $86,200 C Blackhawk/Danville Greenbelt $43,100 $43,100 $86,200 W Northwest Communities Open Space Connection $43,100 $43,100 $86,200 E Pittsburg/Antioch Hillsides $43,100 $43,100 $860200 W Wildcat Creek Trail Extension $86,200 $86,200 $172,400 All Community Priority Projects $1,194,800 $477,920 $1,672,720 Maintenance/Restoration Projects All Existing Park/Open Space Maintenance Projects $905,100 $362,040 $1,267,140 All New Park/Open Space Maintenance Projects $603,400 $241,360 $844,760 All Competitive Park/Open Space Maintenance Projects $3771100 $377,100 $754,200 Opportunity Reserve Fund $357,700 $143,080 $500,780 Administration Costs $226,342 $90,537 $316,878 Totals for Acquisition,Installation,Maintenance and Servicing $7,552,042 $3,950,457 $11,502,498 Less:Contribution from Other Sources(for General and Special Benefits) -$3,950,457 Net Cost of Acquisition,Installation,Maintenance and Servicing $7,552, Incidental Costs` Ballot Proceeding and Formation Costs $450,000 County Collection Charges $264,000 Subtotals-Incidentals ~ $714,0 Less: Contribution toffirom)Reserve Fund/Improvement Fund/Contingency $100,000 Total Amount to Assessmeriff-1.0 (Net Amount to be Assessed) ism= Budget Allocation to Property Total Assessment Assessment Total SFE3 Units per SFE' Zone of Benefit A $8,201,941 328,077.63 $25. Zone of Benefit B $164,101 3,282.02 $50.00 $8,366,OU- 331,359.65 Contra Costa County Open Space Funding Authorify,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shfits Consultants,Inc. Page 17 Notes to Estimate of Costs: 1. Contribution from other sources to cover the costs of any general benefits and special benefits not funded by the assessments. A minimum of 30% contribution from other sources is budgeted for most Projects; however, Regional Priority Projects and Competitive Park/Open Space Maintenance Projects require a minimum 100% contribution from other sources. Based on the experience of the East Bay Regional Park District with their Measure AA funds, a 40% contribution from other sources is expected for all projects that do not require a minimum 100%matching contribution. Therefore,the budget cost estimates for contributions from other sources are conservative estimates. 2. Incidental cost includes county collection charges, one-time assessment formation and ballot proceeding costs and other assessment engineering costs. 3. "SFE"means single family equivalent benefit unit. 4. The assessment rate per SFE is the total amount to assessment per single family equivalent benefit unit. 5. The Act stipulates that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the Assessment District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the fiscal year,June 30, must be carried over to the next fiscal year. A separate account will be maintained for each Project area as defined in this Report. 6. In order to provide flexibility to acquire and/or preserve larger properties, the Authority may borrow funds from certain Project areas to fund projects in other Project areas. A full accounting of any such borrowing will be maintained and such borrowed funds shall be repaid with future year assessment proceeds. 7. The assessment amounts are rounded down to the even penny for purposes of complying with the collection requirements from the County Auditor. Therefore, the total assessment amount for all parcels subject to the assessments may vary slightly from the net amount to assessment. 8. Reference is hereby made to the Framework for additional provisions for the expenditure of Assessment District proceeds and oversight of the Assessment District. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 18 V. METHOD OF ASSESSMENT APPORTIONMENT A. Method of Apportionment This section includes an explanation of the special benefits to be derived from the Improvements, the criteria for the expenditure of assessment funds to ensure equal levels of benefit for properties of similar type and the methodology used to apportion the total assessments to properties within the Assessment District. The method used for apportioning the assessments is based upon the proportional special benefits to be derived by the properties in the Assessment District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a three-step process. The first step is to identify the types of special benefits arising from the Improvements to be funded by the assessment funds. The second step is to establish the criteria that shall ensure that properties within the Assessment District of similar use type and features receive generally equal levels of special benefits from the assessment funds. The third step is to allocate the assessments to property based on the estimated relative special benefit for each type of property. B. Discussion of Benerit Assessments can only be levied based on the special benefit conferred on the property to be assessed (otherwise described as "specific benefit"). This special benefit is received by property over and above any general benefits. Proposition 218 (Article XIIID of the California Constitution), has confirmed that assessments must be based on the special benefit to property: "'No assessment shaft be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." In addition.. the California State Legislature has found that parks and open space confer the following types of special benefits to property. • Enhanced recreational opportunities and expanded access to recreational facilities. • Improved quality of life for all communities by protecting, restoring, and improving irreplaceable park, wildlife, open-space, and beach lands. • Preservation of canyons,foothills, and mountains and development of public access to these lands. • Protection of diverse historical, cultural, and archaeological values. • Increased economic activity and expanded employment opportunities. Increased property values. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservatfor;District Engineees Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 19 • Positive impacts on air and water quality, capacity of roads, transportation and other public infrastructure systems, schools, and public utilities. • Enhanced quality of life • Improved health and well-being of all residentl The following benefit categories are the types of special benefits to residential, commercial, industrial, institutional and other properties from the preservation and improvement of open space lands to be provided with the assessment proceeds. 1. Protection of views, scenery and other resources values and environmental benefits enjoyed by residents, employees, customers and visitors and the improvement of public assets maintained by the Authority. The proposed Assessment District will provide funding to acquire and preserve existing and new parks,, open space areas,, watersheds,, greenways and nature lands located throughout the Assessment District. In absence of the Assessment District, these parks and open space areas could be developed for residential or commercial use,, which would result in a reduction in public resource values and diminished environmental benefits. Parks and open space areas provide other special benerits to property such as landscape buffers., protection of scenic views and protection of wildlife and vegetation habitats as well as historic and cultural sites. Left undeveloped, they allow natural functions such as flood control purification of air and water, decomposition and recycling of wastes., and generation and renewal of fertile soils. Parks and open space also encompass lands that fink existing resource areas and lands that serve as buffers between urban areas or between an urban area and resource land. These are special benefits to property within the Assessment District. With regard to the environmental benefits of public parks and the vegetation they support, Lawrence Livermore,Laboratory found that On a dear summer afternoon, the air temperature in a typical city is about 2.5°C (5°F} hotter than the surrounding rural area... [P]eak urban electric demand rises by 2-4% for each 1*C rise in daily maximum temperature above a threshold of 15- 20°C. Thus, the additional air- conditioning use caused by this urban air temperature increase is responsible for 5-10%of urban peak electric demand.5 Further, the American Forestry Association found that The average economic contribution of a single tree is $73 in energy conservation, $75 for erosion control, $75 for wildlife shelter, and $50 for air pollution benefits. Over its lifetime, an average see provides more than$57,000 in environmental and economic benefits. Other studies show the cooling and temperature moderating benefits of trees and vegetation: Without the cooling and moderating effect of trees and green-spaces in our urban environments, urban areas grow hotter and dryer - a heat island effect. Approximately 5 to 10 percent of the current electric demand in cities is spent to cool buildings just to compensate for the heat island effect. In Los Angeles this translates to $150,,000 per hour and in Washington, DC, close to $40,000 per hour during peak times. 7 Nationally the hourly cost may be as high as$1 million. Contra Costa County Open Space Funding Authority,,Parks and Open Space Protection and Preservation District Engineees Report Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 20 These special benefits ultimately accrue to properties within the Assessment District because properties are more desirable in areas that offer enhanced environmental benefits and public resources. 2. Improved and protected water quality, air quality, enhancement of water resources and reduction of pollution and water runoff. By funding the acquisition, protection, restoration and maintenance of parks, open space and natural lands, the assessments will help protect water resources, reduce runoff, reduce pollution and provide other local environmental special benefits for properties within Assessment District boundaries: The following citations support the water quality, pollution control and runoff mitigation benefits from wildlife in parks,open spaces and other natural lands Establishment of a greenway along a river or stream helps maintain water quality because riparian vegetation helps filter out pollutants. Riparian vegetation serves as an effective buffer between a stream and adjacent agricultural area. The retention capabilities of this vegetation prevents many agricultural chemicals from polluting the stream.8 Natural open spaces also protect water resources and enhance water supplies: When land is covered by pavement, buildings, and other impervious surfaces, rain water runs off in sheets to the nearest storm sewer or other water course. Natural areas enable the aquifer to recharge by allowing rain water to percolate to underlying geologic deposits which may be tapped by wells as a potable water source. In a similar manner, natural areas protect water quality. Rain that rapidly runs off impervious surfaces to rivers and streams carries with it pollutants such as chemicals from car exhaust and lawn treatments.This is known as'non-point source pollution'and is the leading cause of water pollution today. Studies of water quality have shown that non-point source pollution can be greatly reduced by the buffering of streams and rivers by forests and wetlands. When heavily vegetated areas surround surface water bodies, many pollutants are trapped and filtered from the rain water before it reaches the water bodies. Thus, allowing natural areas to recharge aquifers and cleanse storm water potentially saves municipalities millions of dollars in water supply and treatment costs.9 A study in Boulder Creek, Colorado found that: The cleansing and buffer properties of vegetated areas help control water, air, and noise pollution, which may decrease pollution control costs borne by public agencies. In Boulder, Colorado, for example, the city avoided a major outlay for constructing a wastewater treatment facility by restoring Boulder Creek through revegetation, terracing, and construction of aeration structures.'° A study for the U.S. Forest Service found that trees can reduce runoff in urban areas by up to 17%: Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc Page 21 Trees decrease the amount of water that runs off a site by breaking the impact of the rain and slowing the flow,allowing time for water to infiltrate the soil. Trees can reduce runoff in urban areas up to 17 percent according to a study by the U.S. Forest Service (Ebenreck, 1988). This reduction has implications in the infrastructure costs of storm sewer capacity of sewage treatment plants, flooding of rivers and streams and the loading of sediment and pollutants into rivers and streams." A study on the air quality and economic benefits of trees conducted in the City of Modesto found that Modesto's municipal trees provide substantial air quality benefits.Annual air pollutant uptake is 143 metric tons (3.5 lb./tree)with an implied value of$1.4 million ($16/tree). The City's trees are providing important health benefits to residents. As trees grow they increase the value of nearby properties, enhance scenic beauty, and produce other benefits With an estimated value of $1.5 million ($16/tree). Building shade and cooler summertime temperatures attributed to street and park trees save 127,000 MBtu, valued at$1.0 million (1.39 MBtuttree, $1 1/tree). Smaller benefits result from reductions in stormwater runoff(292,000 m3 or 845 gal/tree, $616,000 or $7/tree) and atmospheric carbon dioxide (13,600 metric tons or 329 lb./tree,$450,000 or$5/tree)." The special benefit to property in the Assessment District from the acquisition, restoration and preservation of parks., open space properties and watershed lands is thus derived from the protection of air and water quality and prevention of an increase in polliXon and runoff that would be created if such properties were otherwise developed or not improved. 3. Reduction of additional traffic congestion and other negative impacts caused by urban sprawl and growth. Additional development and the congestion it causes reduces the desirability of property within the Assessment District. The Assessment District will help to prevent additional urban sprawl and large-lot development outside the urban limit lines. Such urban sprawl creates additional congestion.,pollution and degrades the natural resources in the Assessment District. The prevention of urban sprawl and large-lot development is a special benefit to property in the Assessment District. The economic benefits from reduced sprawl development were noted in a report by the New Jersey Office of State Planning: By avoiding unplanned sprawl development, communities in New Jersey could save an estimated $1.3 billion in infrastructure and additional transportation costs over 20 years.13 An acquisition analysis conducted by the Assessment Engineer projects that the assessment funds could acquire or otherwise preserve over 500 acres per year. If this amount of land were otherwise developed with an average of one home per rive acres of land area., these lands would have the potential for 100 large lot homes. Using a conservative estimate of an average of 10 vehicle trips per day per household if 100 additional homes were constructed on the parcels that would otherwise be acquired and preserved 1,000 additional vehicle trips would be generated daily in the Assessment District. Over 30 years, this equates to 30,,000 additional trips per day. Such additional Ops would create additional traffic congestion and create other negative impacts to property. Therefore., this Assessment District specially benefits property by limiting future levels of urban sprawl and large lot development in the Assessment District and as a Contra Costa County Open Space Funding Authority Parks and Open Space Prolectfon and Preservation District Engineerls Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 22 result, limiting future levels of traffic congestion and other negative impacts that result from such urban sprawl development 4. Enhanced recreational opportunities and expanded access to recreational areas for all property owners, residents, employees and customers throughout the Assessment District. Residential properties specially benefit from the enhanced recreational opportunities provided by the Improvements that would be made throughout the Assessment District. These include, among others, new parks and open spaces, areas for recreational activities, and higher levels of maintenance of existing parks., open space., shorelines., trails, nature lands and wildlife habitats than would be provided in absence of the assessment Non-residential properties also will specially benefit from the improved parks, recreation facilities and open space area. Employees will have additional wildlife and recreation areas to utilize for exercise, recreational activities., picnics, company gatherings or other uses. These Improvements,, therefore, enhance an employer's ability to attract and keep quality employees. The benefits to employers ultimately flow to the property because better employees improve the business prospects for companies and enhanced economic conditions specially benefit the property by making it more valuable. In "Trends.- Parks, Practice and Program"by Love, L. and Crompton, J. (1993) the authors found that The provision of parks and recreation services play an influential role in a community's economic development efforts. When companies choose to set up business or relocate,the availability of recreation, parks and open space is high on the priority list for site selection. Recreation and parks have a significant influence on people's preferred living locations.14 The "Outdoor Recreation Coalition of America's 1993 State of the Industry Report" found that From rock climbing to biking to backpacking, the outdoor recreation industry — worth at least $132 billion annually to the U.S. economy— is growing by leaps and bounds. The biggest and most noticeable effect has been on public lands: Visits to parks and other spaces increased by 15 well over 100 million in the last decade just as funding dwindled. All properties will specially benefit from the assessments that will be used to expand, protect and maintain public recreational lands., open space areas, trails and other public resources. 5. Increased economic activity. The Assessment District will create expanded and improved parks and open space areas that are also better maintained. Such Improvements will increase the desirability of the area and enhance recreational and wildlife education opportunities, which, in tum, leads to expanded use. Expanded use and activities facilitated by new and existing parks and open space areas brings greater numbers of visitors to parks and open space into the area who can utilize the services of businesses within the Assessment District. The visitors to the Authority's' parks and open space will be more likely to shop and eat locally. Increased use leads to increased economic activity in the area., which is a special benefit ultimately to residential,commercial industrial and institutional property. Studies of the economic benefits from parks and recreation areas have found the following-0 Contra Costa County Open Space Funding Authority,,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc Page 23 California's public parks generate more than $35 million annually from businesses for local events. Visitors to public parks and outdoor recreation areas support approximately 235,000 jobs in California's economy.16 Numerous studies demonstrate that linear parks can increase property values, which can in turn increase local tax revenues. Spending by residents on greenway-related activities helps support recreation- oriented businesses and employment, as well as other businesses that are patronized by greenway users. Greenways often provide new business opportunities and locations for commercial activities like bed and breakfast establishments, and bike and canoe rental shops. Greenways are often major tourist attractions which generate expenditures on lodging, food, and recreation-oriented services. Finally, greenways can reduce public expenditures by lowering the costs associated with flooding and other natural hazards.17 Although the chief reason for providing outdoor recreation is the broad social and individual benefits it produces, it also brings about desirable economic effects. Its provision enhances community values by creating a better place to live and increasing land values. In some underdeveloped areas, it can be a mainstay of the local economy.And it is a basis for big business as the millions and millions of people seeking the outdoors generate an estimated $20 billion a year market for goods and services.18 People are spending increasing amounts of money on recreation. In California people spent an average of 12 percent of their total personal consumption on recreation and leisure, which was the third largest industry in the state. Also, many recreational activities that can be pursued in locally protected areas (such as biking, hiking, bird-watching, cross country skiing, and canoeing) entail equipment costs that support local businesses, providing new jobs and tax revenue.19 6. Expanded employment opportunity. Improved recreational areas and public resources foster business growth, which in turn creates additional employment opportunities for Assessment District residents. In addition, the assessments expand local employment opportunities by funding new projects that may create the need for additional construction or maintenance jobs. Improved and well-maintained parks., open space and recreational areas also provide business properties with an opportunity to attract and keep employees due to the benefits provided by these areas. The California Park and Recreation Society found that Recreation and park amenities are central components in establishing the quality of life in a community, [business] 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 and the presence of a park encourages !A 20 real estate development around it. This is a special benefit to property, because property in areas with a stronger job opportunities and more attractive business amenities are more desirable and valuable. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation Distract Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 24 7. Enhanced protection of property through reduction of the risk of fire and reduced cost of local government in law enforcement, public health care and natural disaster response. This assessment also benefits properties in the Assessment District by funding maintenance services that preserve the level of special benefits from parks., recreation areas and open space in the Assessment District and protect the public's parks, recreation and open space resources by reducing the risk of damage or harm and maintaining public access to parks,,recreation areas and open space resources. Improved and well-maintained parks,, recreational areas and open space lands can also serve to improve public safety and reduce the cost to local government by providing a healthy altemative for youth and adult activities. Studies have shown that adequate park and recreation areas and recreation programs help to reduce crime and vandalism.- Natural parks and open space require few public services-no roads, no schools, no sewage, no solid waste disposal, no water, and minimal fire 21 and police protection. Exercise derived from recreational activities lessens health related problems and subsequent health care costs. Every year, premature deaths cost American companies an estimated 132 million lost work days at a price tag of$25 billion. Finding and training replacements costs industry more than $700 million each year. In addition, American businesses lose an estimated$3 billion every year because of employee health problems.22 High quality recreational and wildlife areas allow residents and employees in the Assessment District to enjoy activities close to home,, thereby not spending time driving to other areas. Moreover, open space and trails in these lands promote healthy activities that help to reduce the cost of health care. Such cost reduction frees public funds for other services that benefit properties. All of these factors ultimately specially benefit property within the Assessment District by reducing the risk of damage to property, and making the community more usable and desirable and property,in tum,,more valuable. 8. Enhanced quality of life and desirability of the area. The assessments will provide funding to acquire and preserve open space areas that otherwise may not be preserved for the public benefit. The assessments will provide funding to reduce urban sprawl development and the congestion it causes. Reduced urban sprawl also enhances the desirability of property within the Assessment District. Improved parks., recreation areas,, open space and public wildlife areas enhance the overall quality of Iffe and desirability of properties within the Assessment District. This is a special benefit to residential, commercial,industrial and other properties. The following citations provide supporting evidence on the quality of Iffe benefits conferred by the Improvements: The President's Commission on Americans' Outdoors (1987) found natural beauty was the single most important factor in deciding tourist 23 destination. The importance of quality-of-life in business location decisions has been repeatedly verified in the literature. (Boyle, 1988; Bramlage, 1988, Cam & Rabianski, 1991; Conway, 1985; Epping, 1986; Sarvis, 1989; Tosh, et.al., 1988)24 Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineerls Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 25 Home buyers over age 55 considering a move were surveyed about the amenities that 'Would seriously influence them in selecting a new community.' The following results were found:25 % Rank on seeking List Amenity Group amenity Walking and iggging trails 55+ 52 1 Walking and iggging trails 55+>$75kpqr Year 65 - Outdoor spaces 55+ 51 2 Outdoor spaces(parks 55+,moving to suburbs 55 Open Spaces 55+ 46 4 A scientific survey of residents in Alameda and Contra Costa County found that 85% agreed with the following statement: 'The regional park system, consisting of recreational parks, picnic areas, wilderness areas and trails, is a valuable public resource and service that improves the quality of life for the residents of the East Bay area"26 Extensive parks,, recreation areas,, open space., nature lands and Midiffe areas are among the most important public resources and features for property owners in the Assessment District. Therefore, the extensive series of public parks and open space areas that will be maintained and preserved by the Assessment District is a very important feature for property owners in the Assessment District that enhances the quality of life and desirability of property in the Assessment District. 9. Specific enhancement of property values. The assessments will provide funding to signfficantly expand,, improve and maintain the public parks,, open space lands,, recreational areas,, wildlife and nature habitats., wildlife corridors and other valuable public resources. The Improvements funded by the assessments will also specially benefit properties by(1) protecting resource values; (2) reducing pollution and runoff- (3) limiting urban sprawl and large lot development; (4) enhancing recreational opportunities; (5) increasing economic activity; (6) expanding employment opportunity;(7)protecting property and public health;and(8) enhancing the quality of Iffe and desirability of the area. In turn., property values are specifically enhanced by the expression of these special benefits from the Improvements on property in the Assessment District. In other words., this Assessment District will acquire and preserve a significant and well-disbursed set of important properties and public resources throughout the County. These Improvements confer many distinct and special benefits to properties in the Assessment District as described previously. These special benefits ultimately flow to property by specMically or specially enhancing property values. The correlation between enhanced property values and expanded and well- maintained open space areas and recreational areas has been documented. The United States Department of the Interior National Park Service determined that An investment in parks and recreation helps reduce pollution and noise, makes communities more livable, and increases property value. Parks and recreation stimulate business and generate tax revenues. Parks and recreation help conserve land, energy and resources. Public recreation benefits all employers by providing continuing opportunities to Contra Costa County Open Space Funding Authority,Parks and Open Space Protectfor;and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 26 • 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.27 Additionally, the National Recreation and Park Association,,in June 1985,stated.* 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 in a maximum of total assessed values.28 Moreover, the Supreme Court of California and the United States Supreme Court have found that improved and well-maintained park facilities confer special benerits to property by enhancing property values. In Knox v. it of Off and(1993) 4 Cal.41, 132,1 X 143 the Supreme Court of California held that Plaintiff's basic argument that a special assessment is never appropriate to fund park improvements is unconvincing. Significantly, plaintiffs attempt to differentiate between street lights, sewers, sidewalks and food control as constituting proper subjects for special assessment, and public parks as matters of such a general nature as to not justify a special assessment, is virtually'Identical to an argument rejected nearly a century ago by the United States Supreme Court in Wilson v. Lambert. In Wilson v. Lambert (1898) 168 U.S. 811, 616., the United States Supreme Court stated. - The residents and property holders in the District of Columbia must be regarded as coming within the class of beneficiaries; and, so far from being injured by the declaration that the park shall also have national character, it is apparent that thereby the welfare of the inhabitants of the Assessment District will be promoted. Whatever tends to increase the attractiveness of the City of Washington, as a place of permanent or temporary residence, will operate to enhance the value of private property situated therein or adjacent thereto. In addition, professional property appraisers and instructional books on the subject find that well-maintained public recreational grounds and areas enhance property values in a communi't629 Enhancement value is the tendency of parks and open space to enhance the property value of adjacent properties. It is also explicitly recognized by federal income tax law.- U.S. Treasury regulation Sec. 14(h)(3)(i) requires that the valuation of a conservation easement take into account(i.e., be offset by)any resulting increase in the value of other property owned by the donor of the easement or a related person. Section 14(h)(4) sites as an example a landowner who owns 10 one-acre lots and donates an easement over eight of them: 'By perpetually restricting development on this portion of the land, (the landowner) has ensured that the two remaining acres will always be bordered by parkland, thereby increasing their fair market value...'30 Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservatfon District Engineees Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 27 C. Criteria and Policies This sub-section describes the criteria that shall govern the expenditure of assessment funds and ensure equal levels of benefit for properties of similar type. The criteria established in this Report, as finally confirmed, cannot be substantially modified; however, the Board may adopt additional criteria to further clarify certain criteria or policies established in this Report or establish additional criteria or policies that do not conflict with this Report. The Framework contains additional criteria and funding principals that shall further guide the selection of projects to be funded and the expenditure of assessment funds. L Assessment Funds Must Be Expended Within the Assessment.District The net available assessment funds, after incidental, administrative, financing and other costs, shall be expended exclusively for Improvements within the boundaries of the Assessment District. 2. Assessment Funds from Each Expenditure Area Must Be Expended Within the Same Expenditure Area The Assessment District is structured so that the net available assessment funds generated in each Expenditure Area must be expended on Improvements within the same Expenditure Area. Each parcel in the Assessment District has been categorized into the one of the three Expenditure Areas. The Assessment Roll provides this information for each parcel. 3. c'itizen's Oversight Committee A Citizens' Oversight Committee (the "Citizens' Oversight Committee") will be established for the Assessment District. The Citizens' Oversight Committee shall review potential projects that may be funded by the assessments and shall make recommendations on the expenditure of assessment funds. Members of the Citizen's Oversight Committee, who will be nominated by various organizations, will represent specific interests and constituencies related to open space protection. The Framework contains more specific criteria, policies and responsibilities for the Citizens' Oversight Committee. 4. Separate Accounts by Project Area The net proceeds available for Improvements generated by assessments within each Project Area shall be deposited into a separate account. Expenditures from each Project area account, exclusive of administration costs and other costs related to Improvements, such as appraisals and title fees, shall be used within the same Project Area for the purposes stated in this Report. However, in order to provide flexibility to acquire and/or preserve larger properties, the Authority may borrow funds from certain Project areas to fund projects in other Project areas. A full accounting of any such borrowing will be maintained and such borrowed funds shall be repaid with future year assessment proceeds. Contra Costa County Open Space Funding Authority Parks and Open Space Protect on and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 28 S. Annual Independent Audits The Citizens' Oversight Committee shall appoint an independent auditor. The independent auditor shall annually audit the expenditures and revenues and shall provide an audit report to the Citizens' Oversight Committee and the Authority. 6, Adminis"dve Costs As noted in Section III.E., more than 3% of the funds from the Assessment District, disbursed to the Authority after charges for collection shall be used for costs related to the administration of the assessments and the Improvements. 7. Maintenance of Effort &V Agencies that receive assessment funds will be required to maintain their existing levels of service and effort in the project areas and agree that assessment funds will be used to augment, and not supplant,such efforts. & Geographic Distribution of Properties Properties acquired, improved or maintained by the Assessment District must be geographically dispersed within each Project Area, to the extent possible. After the first properties are acquired or improved within a Project Area,the Authority shall give priority to properties that would enhance the geographic distribution of Improvements. 9. Matching Funds Matching funds and contributions from other sources are required, thereby maximizing the special benefits from the Assessment District. 10. Purchase Price Cannot Exceed Independent Appraisal An appraisal of fair market value will be prepared by at least one independent appraiser prior to the acquisition of properties With funds from the Assessment District. No property will be acquired at a price in excess of an independent appraisal of fair market value. II. Willing Seller Properties shall only be acquired through purchase or donation from willing sellers (or donors). Condemnation will not be used to acquire properties. 1Z Permanent Preservation Properties acquired by the Authority or other agencies with funds from the Assessment District shall remain as public resources. D. General versus Special Benefit As noted previously, the assessment funds will be used to acquire, maintain, restore, improve and permanently preserve a widely distributed set of important and valuable parks, open space, natural lands, wildlife areas, watershed areas, shorelines, recreational areas and other public resource lands for use and enjoyment by property owners, residents, employees, and customers in the jurisdictional area of the Authority. This is a special benefit to property in the Authority because the acquisition and preservation of such parks, open space and recreation facilities confers the special benefit factors described above and these benefits ultimately flow to property. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shfits Consultants,Inc. Page 29 s Moreover, in absence of the proposed assessments, the annual revenue from this assessment would not be available to acquire, restore, preserve and protect important natural lands and public resource values in Contra Costa County. Therefore, in absence of the assessment, important riparian corridors and watershed lands would not be protected from development that could negatively impact water quality and public resources in the area. In absence of the assessment, open space lands, parklands and recreational areas would not become public resources or be permanently preserved for current and future generations. As noted, these public resources are an important component of the area's quality of life and public resource values, which is a special benefit to property. Therefore, the assessments provide special benefits to the community by supporting a higher level of open space, public resource, acquisition, maintenance and improvement than would otherwise be provided. The Improvements also provide a degree of general benefits. A measure of this general benefit is the proportionate amount of time that the open space and wildlife areas funded by the Assessment District are used and enjoyed by individuals who are not residents, employees, customers or property owners in the Assessment District.' A total of 563 users of parks, open space areas or recreation facilities were surveyed by Shilts Consultants, Inc. on different days and times and at different regional parks, regional open space areas and regional shorelines in Contra Costa County during the months of March and April 2004. Fifty-one respondents (9.1%) indicated that they did not reside or work within area to be encompassed by the Assessment-District, or would not be shopping at businesses within the Assessment District area during their visit to the park, open space or recreational facility. Therefore, this survey measured a 9% level of general benefits from the proposed Assessment District. Many of the open space properties that would be acquired by the Assessment District are not conducive to active recreational use because the property supports important or sensitive wildlife habitat or watersheds or are of topography that does not readily support public use. As a result, many of the special benefit factors construed by the Improvements are "passive" special benefits that are not related to active use of the properties. The special benefits that are passive in nature provide high levels of special benefits to property in the Assessment District because the protection of views, protection of watersheds, reduction in pollution and reduced traffic congestion, for example, are distinct special benefits that are almost exclusively conferred on properties within the Assessment District, and are only minimally enjoyed by properties outside of the Assessment District. Therefore, the measure of general benefits found in the survey can be considered to be a conservative measure. However, in order to establish an even more conservative allocation to cover general benefits, the Assessment Engineer has more than doubled the general benefit measure and has established a minimum 20% requirement of funds and contributions from other sources to fund any general benefits from the Assessment District. The proposed Assessment District's total budget for acquisition, installation, maintenance and servicing of the Improvements is $11,502,498. of this total budget amount, the Contra Costa County open Space Funding Authority and the partner agencies who receive project funding will contribute $3,950,457 from sources other than the assessments. This contribution equates to approximately 34% of the total budget for acquisition, installation, maintenance and servicing and constitutes significantly more than the measure of 9%general benefits from the Improvements. Contra Costa County open Space Funding Authority,Parks and open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 30 E Benefit Finding and Zones of Benefit L Benefit Finding The assessment funds will be used to acquire, improve, maintain and preserve a well distributed set of important public resource lands throughout Contra Costa County. For example, the assessments will fund: (1) The acquisition, restoration and permanent preservation of important open space and wildlife areas throughout the County; (2) The maintenance, restoration and preservation of existing regional parks, open space,trails and shorelines throughout the County; (3) The improvement and restoration of neighborhood parks and recreation facilities in each city and urban area in the County; (4) The restoration and protection of creeks, streams and watershed areas in rural and urban areas throughout the County; (5) The improvement and maintenance of a well distributed mix of projects encompassing scenic landscapes and regional parks, creeks and watersheds, farmland, historic preservation features, local and municipal parks/recreation, shorelines, trails and public access facilities and wildlife habitat and corridors throughout the County; and (6) Many other important public resources and recreational facilities located throughout the County. The criteria established in this Report, and further supported by the Framework, will ensure that the assessments will be used to acquire, improve, preserve and protect a well dispersed set of important open space, wildlife and recreational lands — for the permanent special benefit to properties in the County. As noted, the assessments should allow the Authority to conservatively acquire or preserve more than 500 acres of additional lands per year. In addition,the assessments provide funding to improve, maintain and preserve,for the special benefit of properties in the Assessment District, thousands of acres of existing parks, open spaces and shoreline areas. Therefore, this Engineer's Report finds that the Improvements are a significant, tangible benefit that should reasonably and rationally confer more special benefit to properties in the Authority than the proposed assessment rate of $25 per benefit unit. Z Zones of Benefit As described in this Report, the assessments will fund the maintenance and improvement of an extensive and well distributed set of existing parks, open space, recreation areas and other public resource lands located throughout the County. These Improvements will specially benefit properties throughout the Assessment District. However, the Assessment District also will fund the acquisition of additional undeveloped lands exclusively in specifically defined project areas in the County. The properties in the project areas in which assessment funds will be primarily used for acquisition of these additional lands have been included in specific areas defined as Zone of Benefit B ("Zone B"). Zone B includes the parcels within the acquisition- Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consuflants,Inc. Page 31 focused project areas and any improved parcels that border undeveloped lands in these project areas. The bordering improved properties are included in Zone B because they would receive additional benefits from the potential acquisition and permanent preservation of the adjoining undeveloped lands to a greater extent than other properties that do not border such undeveloped lands. All other properties are included within Zone of Benefit A ("Zone A"). These Zones are depicted in the Assessment Diagram included with this Report. 32 The acquisition of additional undeveloped lands will confer a relatively higher degree of special benefit to parcels in Zone B relative to parcels in Zone A because 1) while the assessment funds will be used to maintain, restore and improve lands throughout the Assessment District and all properties will have good proximity to these improvements, additional undeveloped lands will primarily be acquired and preserved within Zone B and not within Zone A; 2) the parcels in Zone B may be adjacent to or very near the undeveloped lands that are acquired and preserved; 3) in comparison, properties in Zone A will be somewhat less proximate to these lands; 4) some of the special benefit factors such as protection of views, protection the negative impacts of urban sprawl and congestion and property values are influenced by closely proximate acquisitions of undeveloped land; and 5) the undeveloped lands that are acquired and preserved otherwise may be developed or improved in a manner that would create negative impacts such as increased traffic or diminished views that would more adversely impact parcels in Zone B. In order to estimate the level of special benefit to properties in Zone B the assessment engineer conducted a relative benefit analysis. Properties in Zone B were evaluated to estimate their special benefit from the acquisitions to be funded in Zone B, relative to properties in Zone A. For six of the benefit factors, namely protection of resource values, reduction of pollution and runoff, enhanced recreational opportunities, increased economic activity, expanded employment opportunity, protection of property and public health and enhanced quality of life we find that the benefits are generally equivalent for all parcels in the Assessment District. This finding is based on: 1) the assessments will fund the acquisition, maintenance and improvement of an extensive and well distributed set of parks, open space, recreation areas and other public resource lands located throughout the County; 2)these benefit factors are considered to be generally equivalent over a benefit area of 2 miles in urban areas and 4 miles in rural areas (See Section V.E.3 below for further explanation of the benefit areas); and 3) all urban parcels in the Assessment District will be less than 2 miles from the Improvements and all rural parcels will be less than 4 miles from the Improvements. For three benefit factors, protection of views and resource values, reduced urban sprawl and congestion and specific enhancement of property values we find that the benefits will be reasonably higher for parcels in Zone B. The parcels in Zone B already receive viewshed, property value and lack of congestion benefits from close proximity to the undeveloped lands in Zone B. Therefore, the additional special benefit to these properties from the Assessment District, relative to Zone A, primarily results from the land acquisitions and preservation funded by the assessments that will prevent some of the undeveloped land in Zone B from ever being developed or improved in a manner that would negatively impact the Views and other special benefits that properties in Zone B currently enjoy from the undeveloped land in this Zone. In other words, the benefit from the assessments enjoyed by parcels in Zone B that is not enjoyed to the same extent by parcels in Zone A is the permanent preservation of undeveloped lands in Zone B. If undeveloped parcels in Zone B were likely to be developed, the additional benefits Contra Costa County Open Space Funding Authority Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 32 from their acquisition and preservation could be several multiples of the benefits to Zone A. However, most of the undeveloped lands in Zone B are outside of the County's urban limit line and have limited potential for future development. Therefore, the additional benefits to parcels in Zone B (from the prevention of development) are significantly less than the inherent value of their current viewshed, property value and lack of congestion features because the potential for development and loss of views and other benefits is relatively low. A reasonable conclusion is that properties in Zone B will receive twice the relative Zone A benefit. Therefore, the proposed assessments for properties in Zone B will be twice that of similar properties in Zone A. 3. ,Benefit Analysis According to the industry-standard guidelines established by the National Park and Recreation Association (the "NPRA"), community parks in urban areas have a service area radius of up to two or three miles. This radius is determined, in part, by the NPRA's determination of a reasonably short travel time and access to parks and recreation facilities by users in the service area. The service area in rural communities is larger due to in part to the increased speeds at which property owners, employees, customers and guests can travel to reach parks, open space and other recreational facilities. The roadways in the more rural areas in Contra Costa County allow for higher speeds than in urbanized areas for which the NPRA park standards are designed. Therefore, in rural communities, a correction factor of 2 can be applied based upon the assumption of average speeds of 15 mph in urban areas versus 30 mph in more rural areas. Accordingly, the equivalent benefit area radius for parks, open space and recreation facilities in non-urbanized areas of the Assessment District is estimated to be four to six miles. The special benefit factors described in this Report are not materially different for similar urban area properties within two to three miles or less of a park, open space area, recreation facility or other public resource lands or for similar rural area properties within four to six miles or less of a park, open space area, recreation facility or other public resource lands because all such properties are reasonably proximate to these public resource lands and all have good proximity and access to these lands. Moreover, any benefits from increased proximity within the service area are reasonably offset by other negative factors such as increased traffic and loss of privacy from the public use of parks, open space, recreation facilities or other public resource lands. As described in this Report, the assessments will fund the maintenance and improvement of an extensive and well distributed set of parks, open space, recreation areas and other public resource lands located throughout the County and the acquisition, maintenance and improvement of additional lands throughout the County. These extensive and well distributed lands will be less than two miles from all properties in urban areas and less than four miles from all properties in rural areas. Therefore properties of similar type within each Zone of Benefit will receive generally equivalent levels of special benefits and no further Zones of Benefit are justified. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 33 F. Assessment Apportionment In the process of determining the appropriate method of assessment, the Engineer considered various alternatives. For example, an assessment only for all residential improved property was considered but was determined to be inappropriate because commercial, industrial and other properties also receive benefits from the assessments. Moreover, a fixed or flat assessment for all properties of similar type was deemed to be inappropriate because larger commercial properties and residential properties with multiple dwelling units receive a higher degree of benefit than other similarly used properties that are significantly smaller. For two properties used for commercial purposes, there clearly is a higher benefit provided to the larger property in comparison to a smaller commercial property because the larger property generally supports a larger building and has higher numbers of employees, customers and guests that would benefit from preserved open space and recreational facilities. This benefit ultimately flows to the property. Larger parcels, therefore, receive an increased benefit from the assessments. As stated previously, the special benefits derived from the assessments are conferred on property and are not based on a specific property owner's use of the parks, open space, recreation facilities to be acquired, maintained or otherwise improved, or a specific property owner's occupancy of property or the property owner's demographic status such as age or number of dependents. However, it is ultimately people who value the special benefits described above, and who use and enjoy the parks, open space and recreational lands that will be acquired, improved, preserved and protected. Further, it is ultimately people who control property values by placing a value on the special benefits to be provided by these public resources. In other words, the benefits derived to property are related to the average number of people who could potentially live on, work at, or otherwise could use a property, not how the property is currently used by the present owner. Therefore, the number of people who could or potentially live on, work at or otherwise use a property is an indicator of the relative level of special benefit received by a property. 33 The Engineer determined that the appropriate method of assessment should be based on the type of property, the relative size of the property and the potential use of property by residents and employees. This method is further described below. G. Method of Assessment The next step in apportioning assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a "benchmark" property, a single family detached dwelling on one parcel (one "Single Family Equivalent Benefit Unit" or"SFE-"). This SFE methodology is commonly used to distribute assessments in proportion to estimated special benefits and is generally recognized as providing the basis for a fair and appropriate distribution of assessments. In this Engineer's Report, all properties are assigned an SFE value, which is each property's relative benefit in relation to a single family home on one parcel. Contra Costa County Open Space Funding Authority Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page 34 L Residential Properties All improved residential properties with a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses, zero-lot line houses and town homes are included in this category. Properties with more than one residential unit are designated as multi-family residential properties. These properties benefit from the improvements in proportion to the number of dwelling units that occupy each property and the average number of people who reside in multi-family residential units versus the average number of people who reside in a single family home. The population density factors (the "Population Factor")for the Assessment District, as depicted below, provide the basis for determining the SFE factors for residential properties. Using the total population in a certain property type in the area of the Assessment District from the 2000 Census and dividing it by the total number of such households, finds that approximately 2.99 persons occupy each single family residence, whereas an average of 2.16 persons occupy each multi-family residence. Using the ratio of one Population Factor for each single-family residence equates to one Population Factor for every 2.99 persons. Using this factor, each multi- family unit receives a 0.72 Population Factor, each condominium unit receives a 0.80 Population Factor and each mobile home receives a 0.67 Population Factor. Table 2 presents this data. Table 2-Residential Population Factors Total Occupied Persons Population Population Households perHousehold Factor Single Family Residential 680,276 227,318 2.99 1.00 Condominium 69,064 29,013 2.38 0.80 D a Multi-Family Residential 174,213 80,824 2.16 0.722 Mobile Home on Separate Lot 13,328 6,634 2.01 0.671 Source:2000 Census,Contra Costa County Once established, Population Factors are adjusted to reflect the average structure size of different residential properties. This adjustment is needed because the special benefits are deemed to be relative to the potential population density and average building area per dwelling unit. Based on County data, the average multi-family residence is 57% of the size of a single family residence. Likewise, the average condominium unit is 86% of the size of a single family residence and the average mobile home is 50% of the size of a single family residence. These relationships to a single family residence are "Square Footage Factors." These Square Footage Factors are applied to the Population Factors to determine the SFE benefit factors for residential properties. Accordingly, multi-family properties with a 0.72 Population Factor and a 57% Square Footage Factor will receive a 0.41 SFE. Likewise, condominium units receive a 0.69 SFE and mobile homes on separate parcels receive a 0.43 SFE. See Table below. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 35 Table 3-Residential SFE Assessment Factors Average Population SFE Feet %of SFR Factor Factorl Single Family Residential 1,400 100% 1.00 1.00 Condominium 1,200 86% 0.80 0.69 Multi-Family Residential* 800 57% 0.72 0.411 Mobile Home on Separate Lot 900 64% 0.67 0.43 Source:Contra Costa County Assessor Data and 2000 Census *The SFE factor of 0.41 per dwelling unit for multifamily residential properties applies to such properties with 20 or fewer units. Properties in excess of 20 units typically offer on-site recreational amenities and other facilities that tend to offset some of the benefits provided by the improvements. Therefore the benefit for properties in excess of 20 units is determined to be 0.41 SFE per unit for the first 20 units and 0.10 SFE per each additional unit in excess of 20 dwelling units. 2. Commerdaffndusifial Properties Pursuant to the previous description of the special benefit factors from the Improvements,, such special benefits are conferred to commercial properties in similar manner and degree as residential properties. However, commercial and industrial properties are generally occupied for one-half the amount of time as a residential property. Since, as noted in the Discussion of Benefit and Assessment Apportionment Sections, the benefits to property are measured by the people who either reside at or work at properties in the Assessment District and commercial properties are typically occupied and used for one-half the time as residential properties, it is reasonable to conclude that on a land-area basis, the benchmark commercial property is deemed to receive similar levels of benefit as a single family home; however the benefits are further adjusted to reflect the relative"usage"factor of both types of property. On a land-area basis, the average size of a single family residential parcel in the Assessment District is approximately one-quarter acre. These single family residential properties are assigned the benchmark 1 SFE benefit unit per parcel. Therefore, the benchmark commercialAndustn"al property is a commercial property on one-quarter acre and such property is assigned one-half the benefit of a single family home, or 0.5 SFE. To determine the relative benefits for various types of commercial and industrial properties, employee densities are utilized, similar to the way resident densities are used to measure the relative levels of special benefit for residential properties. Since the special benefits to commercial and industrial properties are measured by employee densities and such densities generally increase in proportion to the size of a commercial/industrial property, the special benefit factors for commercial/industrial properties also take into account parcel size and the average number of people who work at commercial/industrial properties. The findings from the San Diego Association of Governments Traffic Generators Study (the "SANDAL Study") are used to determine employee densities because these findings were approved by the State Legislature as being a good representation of the average number of employees per acre of land area for commercial and industrial properties. As determined by the SANDAL Study, the average number of employees Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 200► -05 by Shifts Consultants,Inc Page 36 per acre for commercial and industrial property is 24. Table 4 presents the SFE benefit factors by commercial and industrial property type using employee density averages from the SANDAL study. The SFE benefit factors are calculated for each commercial/industrial property in the Assessment District based on the acreage used for commercial/industrial purposes and the SFE benefit factors from this Table. It should also be noted that commercial and industrial properties in excess of 5 acres generally involve uses that are more land intensive relative to building areas and number of employees (lower coverage ratios). As a result, the benefit factors for commercial, office, shopping center and industrial property land area in excess of 5 acres is determined to be the SFE rate per quarter acre for the first 5 acres and the relevant SFE rate per each additional acre over 5 acres. 34 Table 4-Commercial/industrial Density and Assessment Factors Average SFE Units SFE Units Type of Commerciallindustrial Employees per per LandUs,.L-'M 1Per Acre Fraction Acres Acre After 5 Commercial 24 0.500 0.500 Office 68 1.420 1.420 Shopping Center 24 0.500 0.500 Industrial 24 0.500 0.500 Refinery 1 0.021 Self Storaga or Parking Lot 1 0.021 1. Source: San Diego Association of Governments Traffic Generators Study. 2. The SFE factors for commercial and industrial parcels are applied by the quarter acre of commercial/industrial use land area or portion thereof. (Therefore, the minimum assessment for any assessable parcel in these categories is the SFE Units listed herein.) 3. VacanffUndeveloped Properties The benefits to be received from the Improvements by vacant, undeveloped properties are passive benefits, which are generally not related to active use of the property. The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of active benefits conferred to undeveloped properties. A measure of the benefits accruing to the underlying land is the average value of land in relation to improvements for developed property. An analysis of the assessed valuation data from the County of Contra Costa found that approximately 40% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 40% of the benefits are related to the underlying land and 60% are related to the day-to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.40 per parcel. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report;Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 37 4. Other Properdes Article XIIID, Section 4 of the California Constitution states that publicly owned properties shall not be exempt from assessment unless there is clear and convincing evidence that those properties receive no special benefit. All public properties that are specially benefited are assessed. Public right-of-way parcels, well, reservoir or other water rights parcels that cannot be developed into other improved uses offer similar open space benefits and/or typically do not generate employees, residents, customers or guests. Moreover, many of these parcels have limited economic value and, therefore, do not benefit from specific enhancement of property value. Such parcels are, therefore, not specially benefited and are not assessed. Agricultural property without residential dwelling units, open space parcels, watershed parcels, parks, properties used for educational purposes, greenbelt lands without improvements and common areas typically offer open space and recreational areas on the property that serve to offset the benefits from the Assessment District. Therefore, these parcels receive minimal benefit and are assessed an SFE factor of O. If such parcels are converted to residential or commercial use they shall be classified to such new use category and shall be assessed as previously described in this Report. Other publicly owned property that is used for purposes similar to private residential, commercial, industrial or institutional uses is benefited and assessed at the same rate as such privately owned property. Any agricultural properties with homes or residential dwelling units would be assessed at the residential SFE benefit unit rates described previously. S. Appeals of Assessments Levied to Property Any property owner who feels that the assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the Secretary of the Authority or his or her designee. Any such appeal is limited to correction of an assessment during the then current fiscal year. Upon the filing of any such appeal, the Secretary or his or her designee will promptly review the appeal and any information provided by the property owner. If the Secretary or his or her designee finds that the assessment should be modified, the appropriate changes shall be made to the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the Secretary or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the Secretary or his or her designee shall be referred to the Board and the decision of the Board shall be final. 6. Assessment Summary by Property Type The following table provides a summary of the proposed benefit units by property type. Contra Costa County Open Space Funding Authority, ,,Parks and Open Space Proteabn and Preservadon District Engineer's Report.Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 38 0 LO 0 o% W. m co co C) co CF) LO UW, V) It Cf) CV) cc L) ca cc CIO u CL) U (a Cc (2) cc 11 LO CL to cf) ci L) ca cc Ae LO LO C: =3 N (2) v as � iv cv Q aC Q a� �u aC CL 75) L L LO LO Lc) LO C%j CN CNJ co co ca ca ca cc CN ca ca Q. 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ASSESSMENT WHEREAS, this Engineer's Report (the "Report") has been prepared pursuant to the provisions of the Landscaping and Lighting Act of 1972 (the "Act") and Article XIIID of the California Constitution; WHEREAS, the undersigned Engineer of Work has prepared and filed a report presenting an estimate of costs, a diagram for the assessment district and an assessment of the estimated costs of the improvements upon all assessable parcels within the assessment district; NOW,, THEREFORE,, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution and the order of the Board of the Authority, hereby make the following assessment to cover the portion of the estimated cost of said Improvements, and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said Improvements and the expenses incidental thereto, to be paid by the Assessment District for the fiscal year 2004-05 is generally as follows: SUMMARY COST ESTIMATE F.Y. 2004-05 Budget Acquisition, Installation, Maintenance and Servicing $1195029498 Less: Contributions from Other Sources ($319509457) Subtotal $7,5521042 Incidental Expenses and Reserve $814,000 NET AMOUNT TO ASSESSMENTS $81366,042 As required by the Act, an Assessment Diagram showing the exterior boundaries of said Assessment District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the said Assessment District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion said net amount of the cost and expenses of said Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within said Assessment District, in accordance with the special benefits to be Contra Costa County Open Space Funding Authority Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 40 • received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The assessment described in the Estimate of Cost is for fiscal year 2004-05. The assessment ballot proceeding will seek property owner approval for the levy of the proposed fiscal year 2004-05 assessments and the continuation of the assessments in future years. If the assessment is approved by a weighted majority of ballots in the ballot proceeding and is subsequently confirmed and levied by the Board, the annual assessment can be continued for a maximum of 30 years. The assessment is subject to an annual adjustment tied to the annual change in the Consumer Price Index for the San Francisco Bay Area as of January of each succeeding year ("CPI"), with the maximum annual adjustment not to exceed 3%. In the event that the annual change in the CPI exceeds 3%. any percentage change in excess of 3% can be cumulatively reserved and can be added to the annual change in the CPI for years in which the CPI change is less than 3%. The assessment is made upon the parcels or lots of land within the Assessment District in proportion to the special benefits to be received by the parcels or lots of land, from said Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Contra Costa for the fiscal year 2004-05. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. I hereby place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the fiscal year 2004-05 for each parcel or lot of land Within the said Assessment District. Dated: May 19, 2004 Engineer of Work 0 F E S W. By No.C062091� John W/dliss, License No. 052091 EV..1.2-3 i- Omit. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report Fiscal Year 2004-05 by Shifts Consultants,Inc. Page 41 VII. Assessment Diagram The Assessment District includes all properties within the boundaries of Contra Costa County. The boundaries of the Assessment District are displayed on the following Assessment Diagram. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions as shown on the maps of the Assessor of the County of Contra Costa, for fiscal year 2004-05, and are incorporated herein by reference, and made a part of this Diagram and this Report. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservaffor;Disidd Engineer's Report,Fiscal Year 2004-05 by Shills Consultants,Inc. Page 42 Lo 1100 20% ,. .., rwr■ r� LM ...� CCS L Q CL 0 ul -i i. CL 40) rML Q c CL 0 env L 1 S a, -p �4 a Q Q o = is . v " m a 0 t vii Q C OIT cw� 0. t lfy _I t /fiyn nz ,— m0tr101; U W hUN O r v 4 to C c roc 0>: rM �W mux �Lt tri�0 d �� t3 .3 X24 ZU }gg od2wo i z M< 0 e= t3t�EU � Q� �.��W �gC u 0 > -' N c' us tJ d� to rr� UJ5d<W> �p3 1--Z 'Ltd to Z C4 w EAF LL'�w w LL—, v. W z+ W T u3 d F t2 � T t!3 a Q t�LL ..t U�-`�ut-7 tti ti.t!! TCO ca G� � U Q W Q to tl wo<;= �*� I S Ute` cadzto=) �csz z Wfl0 t1sFW-z g=z U _ry U� �Ot C9d 3t3.r` dtxl-j �- Iu w2n,� -JoN U. � a Z0 Ua►-� L) 60tU" wi #[�3 #2" r� tat iid iLi u! f411 '�+-4 Z C► t�z �4aT as �M'�,.a�az Qq; UW pro"t�,,UST `n U) a 08 ` �z-j ad�'u �tig63 O 4WV U LtJE)a�,xmso -' t, 1�L ttl3 TUB } UZQWWS� �=1111- �� taA x = Z + a �a C�- C] �W IX LL Fes-- d�ttE ti Z �Z 5 UO- 3: oo>: ' ��tl�p�d S ix-gZq > N-d�t33 UQ _ WI-23P pcd rZ is1U cttz Q WSC 2 t7 Z�t� d zEXCtt-uyG3Q ,.,U c zV t`£,, fad y. u► a�2C3�>-�. Wd � T� aC�„ } �ay.��,�� _ � a� d{} uE tXi.3 W ct)©tf?��tRJId.sF—W jr[L.C) W �' 8 i— �8it - am n z � Cox V�p� M-283U-85 w �2TSW8 8 4w 8 0 00 (o Ix 0 Q 0 <sT3�I2.£fit►-C3 tt.�. Tr w-w to u`.T F- C) 2£1��L3�7 ti u.C3 g d o U U9 Vill. ASSESSMENT ROLL (SPREAD OF COSTS) An Assessment Roll, which is a listing of all parcels within the Assessment District and the amount of the proposed assessments, is filed with the Secretary of the Board and is, by reference, made part of this Report. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference made part of this report. These records shall govern for all details concerning the description of the lots or parcels. Contra Costa County Open Space Funding Authority,Parks and Open Space Protection and Preservation District Engineer's Report,Fiscal Year 2004-05 by Shilts Consultants,Inc. Page Vill-I End Notes United States Census. www.census.gov 2 Any Plans and specifications for the Improvements will be filed with the Authority and are incorporated herein by reference. 3. Framework, pp.3-4 4 . Public Resources Code Sections 5539.3,, 5539.8, 5539.9 and 5539.10 5. Cooling Our Communities:An Overview of Heat Island Project Activities, H.Akbari, Energy Analysis Program,, Energy&Environment Division, Lawrence Laboratory, UC, 1996 6.American Forestry Association.The American Forestry Association, pub. Washington D.C. (hftp://www.americanforests.org.) 7 Rodbell, Phillip,Greg McPhereson and Jim Geiger."Planting the Urban Desert."In Urban Forests 11(3):8-10,July 1991. 8. National Park Service,Economic* Impacts of Protecting Rivers., Trails.,and Greenway Corridors,4th ed, rev. 1995 9. Ulrich, Dana. "Put a Value on Open Space."Recorder Publishing Company newspapers. Bernardsville, NJ. April 25, 1996. From Thibideau, F.R,and Ostro, B.D."An Economic Analysis of Wetland Protection". Journal of Environmental Management 12:19-30.Academic Press.San Diego,CA.1081 10*Smith,Van. "Protecting Rivers,Trails,and Greenways Reap Economic Returns." Exchange. Summer 1991. Reprinted in Economic Benefits of Land Protection. Infante, R.ed.The Land Trust Alliance,Washington, D.C. 1994 11 .Thibideau, F.R,and Ostro,B.D."An Economic Analysis of Wetland Protection". Joumal of Environmental Management 12:19-30.Academic Press.San Diego, CA. 1981. 12 Greg McPherson,et al, Benefit-Cost Analysis of Modesto"s Municipal Forest, Westem Arborist, 1999 Volume 25 Number 2&3 13* Burchell R.et.al., Impact Assessment of the Interim State Development and Redevelopment Plan, New Jersey Office of State Planning, 1992 14, Love, L.and Crompton,J. Trends:Parks,, Practice and Program.Oxford University Press- USA. New York, NY. 1993 15* 1993 State of the Industry Report- Widdekind, L.ed.The Outdoor Industry Association(The Outdoor Recreation Coalition of America and the Sporting Goods Manufacturers Association's Outdoor Products. pub.)Boulder CO. 1993 16* California Parks and Recreation.The California Parks and Recreation Society, pub. Sacramento,CA. (hftp://"www.cprs.org.) 17 a PKF Consulting.San Francisco, CA. "Analysis of the Economic Impacts of the Northern Central Rail Trail." For the Greenways,Commission, Maryland Department of Natural Resources, Annapolis, Maryland.June 1994. 'a.Outdoor Recreation Resources Review Commission, Outdoor Recreation For America:A Report To The President And The Congress.January 2002 '9 Ibid.Smith,Van 20 Ibid.California Parks and Recreation. 1997. 21 Parks and Recreation, National Recreation and Park Association,pub.Ashburn,Virginia. January 2001.(hftp://Www.nrpa.orgo Contra Costa County Open Space Funding Authority,Open Space Preservabon and Protection District Engineer's Report by Shifts Consultants,Inc. 22. National Park Service. NPS Technical Information Center. Washington D.C, 1983 23. Report of the President Commission on Americans Outdoors, U.S. Government Printing office:Management Washington D.C. 1987 24.Crompton,J., Love L., More T.,An Empirical Study of the Role of Recreation, Parks and Open Space in Cornpanibs'(Re)Location Decisions,Journal of Park and Recreation Administration,Spring, 1997,vol 15 no. 1, p p371 40 25'Wylde, Boomers on the Horizon: Housing Preferences of the 55+Market, National Association of Home Builders,2002 26 .Strategy Research Institute, Likely Voter Support for New Maintenance Excise Tax,April 2000 27 . Ibid. NPS. 28 . Ibid. NPRA.June 1985. 29. Phillips, Patrick, Real Estate Impacts of Urban Parks,2000 30. U.S.Treasury Regulation Sec. 14(h)(3)(i). 31 'When Assessment District Improvements are used by individuals who do not live,work or shop within the Assessment District,the Improvements are not providing benefit to property within the Assessment District. Such use under these circumstances is a measure of general benefit. For example,a non-resident who is drawn to utilize the Assessment District facilities and shops at local businesses while in the area would provide special benefit to business properties as a result of his or her use of the Improvements. Conversely,someone who uses Assessment District facilities but does not reside,work,shop or own property within the Assessment District boundaries does not provide special benefits to any property and is considered to be a measure of the general benefits. 32. Zone B includes those areas defined for Flagship Projects and Regional Priority Projects for which most of the assessment funds will be used for the acquisition of new lands. These project areas are depicted on the Assessment Diagram in this Report. 33. In essence,when property owners are deciding how to cast their ballot for a proposed assessment,each property owner must weigh the perceived value of the improvements and services proposed to them and their property with the proposed cost of the assessment to their property. If property owners of a certain type of property are either opposed or in support of the assessment in much greater percentages than owners of other property types,this is an indication that, as a group,these property owners perceive that the proposed assessment has relatively higher or lower"utility"or value to their property relative to owners of other property types. One can also infer from these hypothetical ballot results,that the apportionment of benefit (and assessments)was too high or too low for that property type. In other words, property owners, by their balloting, ultimately indicate if they perceive the special benefits to their property to exceed the cost of the assessment,and,as a group,whether the determined level of benefit and proposed assessment(the benefit apportionment made by the Assessment Engineer)is consistent with owners of other types of property. 34. Benefits to commercial and industrial properties are deemed to be related to the area of parcels that are used for such purposes. In the event that a businessfindustrial parcel includes undeveloped land area that is clearly not related to the businessfindustrial use of the parcel,such unused land area shall not be included in the SFE benefit unit calculation. Contra Costa County Open Space Funding Authority,Open Space Preservation and Protection District Engineer's Report by Shills Consultants,Inc I I I I! i j F 1 G 1 1 r Y Ow. L. i 10 0 { Y L. iCL x i + i � 3 M an t 4 1 ! j 0) 4) 1 • ♦ an 0 0a fA old y � Co�..•H;ys A a •2 Cu 1 Qw o 0 a r Cu a� Co o \. is �r_ ,NIrmo CZ 4D "AI t� 04 a�o N co �M �•� 3 ' .� \ t, 29 Cw cc _ -V CO N LL �•� O cz U LU t 9� • 1 i 1 { i i i a � •�•�'4 4.44{.� S i ..444. v♦:rY,,:: .} 1 ••••y lTi I 4 •Y. t L Iit LM 44,44•••+ •4'• }} is •r rM 4 meq•►s�..i•.a•w.:•�tA«"*now'a .4{. V~a•w•rr.r •. i '•4 1 t•L "11 ' r 4 UJ r, '{•: .... ..... :••�i JWh/(••t SIAL ft� }••' ... •:Y,r.� i-:i1M ac••YWI.i aw:•1 iiF-.►r •t Lm 00 4 '4.,••f'v� _ k .4 r r ♦L •,ti• ��•••ire►i'••ui•.•► .A'.w.r •4•. ti� • '.441 .Y ±: f Y' r L }' r 'rw•►••n•w'WM tq "IIV �•.0 ............. .j •fir. SLS r♦'• } } : 4 :I: ♦.O.•Y T. ..t. r el. m ww" •.}' 4 Y t { 0 •c .�, r..t•V � :�.t•" � � �� iii } y •,fie{� � �{ � � � M1�LM �• C 48& A2 �•is r Lr• - ti y by �-_ 0 (D ,.. 0 �.,.. ♦ 2 :: t ti} •4. •••• �MIS {••�• `}... Y� �. �Jam- C 1• J 41& • ••♦, 411 r v {, co :4 4 J .... � W � a .. - 0 CV rnLNw LL z OWU 0 LL Co W;;�T. F_LLin0 y c W F- W uw � .'; .. ,JW` + ZN < Wim ' •, . a r, U. W.. , ..�' � Wimto . . U L (0 � � C� w mLL.�o.0>. to � www o CW ui< M LU K W t 0WL) 0 L 'Lu tv 00.0 LL LP.-P F-3: 0 .3c ' Z 0LL 1 (1) 1--U. 0 F- D * 0 � Qj .;CL•�' X 00 0C) N W. 0 w < hr U w ..._w 0 a '�;• � m L'C .`LL w M W Via. .. W +� C�- Raft LL Z EL 08 W CL w a LL 0.0 U.) FCS < WL Z < w� � < cc a LLJ z C z w0 W OLL UU U)040 w 0� 0 < j UjWCD.z U a -LL 0 F- w w Z.w z1 < U. � tocc -Oozw Ii i.moizLL �.< �M � UQ w M U. J Um oc U W i 8 .` Contra . _ Costa 4A TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR DATE: May 18, 2004 SUBJECT: Re ort on Proposed Open Space Funding_Measure SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1) ACCEPT status report from the Community Development Director on the proposed Open Space Funding Measure; 2) REVIEW Draft Preliminary Engineer's Report, Draft Joint Exercise of Powers Agreement with the East Bay Regional Park District,, and the revised Draft Framework for An Open Space Protection and Enhancement Funding Measure for Contra Costa County ("Framework"); 3) SCHEDULE a decision on adopting the Joint Exercise of Powers Agreement and the . Framework for May 25, 2004. CONTINUED ON ATTACHMENT: X —Y E SS I G N AT U RE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM EE APPROVE OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN TAKEN AND ENTERED ON THE MINUTES AYES: NOES: OF THE BOARD OF SUPERVISORS ON ABSENT: ABSTAIN: THE DATE SHOWN. Contact: John Kopchik (925-335-1227) ATTESTED cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF County Administrator THE BOARD OF SUPERVISORS Treasurer AND COUNTY ADMINISTRATOR Auditor/Controller County Counsel Clerk/Recorder Tax Collector BY ,DEPUTY Assessor Public Works Agricultural Commissioner G:\Conservation\open—space\board—orders\5-18-04\.board—order 5-18-04.doc Report on Proposed Open Space Funding Measure May 18,2004 Page 2 of 6 FISCAL IMPACT Costs to develop the Open Space Funding Measure over the last year of the planning process have been funded from the Dougherty Valley Regional Enhancement Fund,consistent with Board action on November 12,2002. Should the Board subsequently elect to enter into a Joint Exercise of Powers Agreement with the East Bay Regional Park District t form the Contra Costa County open Space Funding Authority ("Authority"), and should the Authority elect to proceed With formation of an assessment district, the costs of forming the assessment district through a ballot process would be funded from the Regional Enhancement Fund as well. Approximately $80,000 of the Regional Enhancement Fund has been spent or committed to pay for work by staff and assessment engineering. Of the $450,000 allocated by the Board on November 12, 2002, approximately $370,000 remains unspent or uncommitted. Remaining funds would be used for conducting an assessment ballot proceeding and tabulating the assessment ballots only if the Board subsequently authorizes the County's participation in the Authority and the Authority governing board authorizes the assessment ballot proceeding. A summary of estimated costs is provided below: Consultant costs to prepare Engineer's Report: $20,500 Staff costs*: 60,000 Ballot preparation,printing, postage and return postage: 319j000** Ballot tabulation: 3'1,250** Future staff costs***: 15,2000** Total: $445,7501 Includes estimated Community Development Department staff costs to manage development of the measure and County Counsel review and assistance. 'Not spent or committed ***Includes staff costs to manage the assessment ballot process to its conclusion,, if authorized. Should the proposed measure succeed, the Regional Enhancement Fund will be repaid from the proceeds for costs as allowed by law. Staff costs could not be repaid,but costs incurred in the preparation of the Engineer's Report,ballot printing/ postage,and ballot tabulation could be repaid. Consequently, staff estimates that approximately $370,000 of the formation costs could be repaid if the measure proceeds and is approved. BACKGROUND/REASONS FOR RECOMMENDATIONS On March 23,2004,the Board of Supervisors declared its intent to work with the East Bay Regional Park District to form a Joint Powers Authority for the purpose of asking property owners in the County to approve an assessment district to raise funds for open space, park, and recreation purposes. That action followed more than four years of work by the Board of Supervisors, the Board of Supervisors' Ad Hoc Committee on Open Space Funding,and the Advisory Committee on Open Space Funding to develop a proposal for funding open space needs in Contra Costa County. This report and its attachments are intended to provide an overview of the key documents that would formalize the proposed Open Space Funding Measure in advance of a decision on this matter the following week. Additional background. information on the history behind this proposal is provided in the attachments and discussed below. Report on proposed open Space Funding Measure May 18,2004 Page 3 of 6 1.Three Documents Form the Backbone of the Open Space Funding Measure Proposal: The following three documents are the primary components of the Open Space Funding Measure and each would need to be adopted by the Board and/or Authority for the measure to proceed to ballot and,if approved by property owners, be enacted: • Draft Framework for An Open Space Protection and Enhancement Funding Measure for Contra Costa County("Framework") • Joint Exercise of Powers Agreement with the East Bay Regional Park District • Draft Preliminary Engineer's Report The Framework,developed and recommended by the Advisory Committee on Open Space Funding during the course of a four year public process,is the guiding policy document for the measure and describes the reasons the measure is proposed,the allocations of funds over 30 years,the process to be used to administer the measure, and the commitments and assurances under which the measure would be implemented. The Joint Exercise of Powers Agreement with the East Bay Regional Park District(EBRPD)would create the Contra Costa County Open Space Funding Authority,the entity that would propose formation of a benefit assessment district to the property owners of the County. The Joint Exercise of Powers Agreement references both the Framework and the Engineer's Report. The Preliminary Engineer's Report provides the basis for creating the assessment district,apportions the benefits of the measure to properties in the County,and determines how much these properties would be assessed if the measure were to pass. 2. Additional Information Requested by the Board on March 23, 2004: A summary of the requests and a guide to where that information may be found is provided below: More detail on the costs of developing the measure and bringing it to ballot:See Fiscal Impact section above. Amount of assessments proposed for schools and special districts:As explained in more detail in Section V.17.4.(page 39)of the Preliminary Engineer's Report, school, park, open space, and water infrastructure parcels would have zero assessment because the parcels already provide benefits similar to those that would be provided by the Measure. Consequently, assessments for public agencies that operate such facilities would be quite low. The approximate range of assessments for different categories of public agencies are: $250 to $750 per/year for School Districts; $50 to$1000 per/year for other Special Districts; and $700 to$1400 per/year for cites. Staff can assist agencies and others to find their specific assessment amounts upon request. Estimated amount of formation costs that could be repaid if the measure succeeds:Approximately$370,000.See Fiscal Impact section above for more information. Estimated annual revenue from assessments: See Section IV (page 18 in particular)of the Preliminary Engineer's Report(Estimate of Costs and Budget). Explore the possibili of bonds:The Advisory Committee has recommended in Report on Proposed Open Space Funding Measure May 18,2004 Page 4 of 6 the Framework a flexible measure, recommending that the Authority be able to disburse funds on a"pay-as-you-go"basis or borrow against the annual revenue stream to disburse additional funds for capital projects sooner than would otherwise be possible. For this reason,the measure does not anticipate use of assessment bonds. However, various other financing mechanisms could be explored and implemented if the measure is approved and the Authority wishes to pursue this objective. 3. Next Steps: On May 25, 2004, the Board of Supervisors would be asked to consider approving the Framework and the Joint Exercise of Powers Agreement (EBRPD is scheduled to consider the Joint Exercise of Powers Agreement on May 18). If this occurs,the Authority board would convene a meeting on the same day immediately after the action of the Board of Supervisors. The Authority board would be asked to approve the Framework,to preliminarily approve the Engineer's Report (consideration of final approval follows conclusion of the ballot process),and to direct initiation of the assessment ballot process. If a decision were made on May 25 by the Authority to initiate the assessment ballot proceeding,ballots could be mailed on June 10,2004. A decision after May 25,2004 would delay the mailing of ballots. June 10 is probably the last day the ballots could be mailed and,if the measure was approved,still make the deadline for the FY2004- 05 tax rolls. 4.Attachments Attachments I&2—Revised Draft Framework and draft map of allocations:The Draft Framework has been revised by staff to correct errors, clarify ambiguous language to more closely match intent,provide more detailed information on eligibility for grants that would be awarded under the measure,and recommend that the Bethel Island Municipal Improvement District (BIMID) receive an allocation under the Community Priority Projects category (staff were only recently made aware that BIMID owns and operates public park facilities on Bethel Island). Changes to the version of the Framework presented to the Board on March 23, 2004 are documented. The draft map of allocations that accompanies the Framework has not changed since March 23. Attachment 3—Draft Joint Exercise of Powers Agreement:County and EBRPD staff jointly developed the attached Draft Joint Exercise of Powers Agreement. The Agreement references both the Framework and the Engineers Report and would create the administrative structure called for in the Framework(see Section 5 of JPA for more detail): Governing Board(7 members:5 BOS and 2 EBRPD) I Executive Committee(9 members:5 BOS,2 EBRPD, and 2 public members-- nominations to be solicited from the CCC Mayor's Conference) I Citizens'Oversight Committee(19 members,details in Framework) The County Community Development Director would act as Secretary for the Authority. The County Treasurer and Auditor/Controller would serve similar roles for the Authority(see Section 4 for more detail).The Authority would reimburse the County for these services. • Report on Proposed open Space Funding Measure May 18,2004 Page 5 of 6 Attachment 4--Preliminary Engineers Report:The Preliminary Engineer's Report has been prepared by the assessment engineering consultant retained by the County, Shilts Consultants, Inc. As mentioned above, the Preliminary Engineer's Report provides the basis for creating the assessment district,apportions the benefits of the measure to properties in the County, and determines how much these properties would be assessed if the measure were to pass. Similar reports were used to form benefit assessment districts for the Santa Clara County Open Space Authority and the Mountains Recreation and Conservation Authority (a JPA that included the Santa Monica Mountains Conservancy). Beyond these two prior regional-scale measures, more than 25 assessment districts for park or park and open space purposes have been formed in California since the passage of proposition 218 in 1996. Many more were formed prior to 1996. A guide to key aspects of the Preliminary Engineer's Report and where these provisions are located is provided below: Amount of assessment for different classes of parcels:Determining assessment amounts is the main purpose of the Engineer's Report. The results of the analysis are presented in Table 4: Summary of Assessments and SFE(Single Family Equivalent) Benefit Units by Property Type(page 40). Rationale for the amount of assessments: See Sections V.F. and V.G. (Assessment Apportionment and Method of Assessment, pages 35-39). The Engineer's Report calculates the amount of benefit(and assessment)for different classes of parcels by using a parcel with a single-family home as a benchmark and relating other parcel types to this benchmark using factors such as relative population density. Zones of Benefit:The Preliminary Engineer's Report includes two zones,Zone A and Zone B. Zone B includes those parcels within and immediately adjacent to areas where acquisition efforts will be focused. Zone A includes all other parcels (more than more 98%of all parcels are in Zone A). The Preliminary Engineers Report finds that the projects to be funded by the measure are generally well distributed throughout the County and that, by most criteria, benefits are also evenly distributed. However,parcels very proximate to proposed acquisitions do receive certain additional benefits (such as to property value and view protection). For this reason, parcels in Zone B would be assessed at twice the rate of parcels in Zone A. For more information, see Section V.E. (Benefit Finding and Zones of Benefit,pages 32-34)and the Assessment Diagram(page 44). Expenditure Areas:To provide added assurance that funds raised in an area are spent in that area, the Preliminary Engineers Report establishes three Expenditure Areas: West County, Central County, and East County. Funds raised in an Expenditure Area must be spent in that Expenditure Area. See Section III.C.(Expenditure Areas,page 7-8)and the Table 1 (page 18)for more information. The proposed Assessment:Section VI(Assessment,page 41-42)presents in a formal way the main provisions of the proposed assessment. Explanation of projects and relation to Framework:Section IIID.(Improvements, pages 9-15) includes a summary of the projects that would be funded by the assessment district. The summary of projects in Section III.D. refers to and carefully corresponds with the projects described in the Framework. The Framework provides additional detail and rationale for the projects (as well as I Report on Proposed Open Space Funding Measure May 18,2004 Page 6 of 6 much more information on how the measure would be administered). But as explained in Section III.B. (Framework, pages 6-7), because the Engineer's Report is the basis for the assessment district, the Engineer's Report would control in the event that a conflict is detected when interpreting the two documents. Attachment 5--Proposed Timeline: The Proposed Timeline summarizes the recommended schedule for Board and Joint Powers Authority decisions. It also recommends dates for initiating and concluding the assessment ballot proceeding,if authorized. Attachment 6--Background information:The history behind this proposal and the process used to frame it are described in three previous Board Orders:the October 11 2002, November 12, 2002, and March 23, 2004 Actions of the Board of Supervisors(body of reports only—no attachments). 5. Project website A dedicated website had been used throughout the planning process to provide notice of meetings and to make a wide variety of planning documents available to the interested public. The website can be accessed from the following ur1: www.cocoopenspace.org For those without Internet access,materials continue to be accessible by contacting staff at 925-335-1227. k. G:1Conservation%open_spaceMmrd_ordersUm update_and_dedare intenL-3-23-04.doc Y;,