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HomeMy WebLinkAboutMINUTES - 03072006 - C.14 (2) e V i 4 i � A ontra TO: BOARD OF SUPERVISORS Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ��srA ca, County DATE: March 7, 2006 SUBJECT: ADOPT Resolution No. 2006// accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73, and fixing a hearing for April 25, 2006 at 9:30 a.m. to consider levying an assessment for parcels to be included and certify the tabulation of the ballots submitted for the proposed assessment, Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommended Action: ADOPT Resolution No. 2006/ /M accepting the attached Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for a landscaping assessment on the parcels in Final Maps 7562, 8900 and 8955 to form Countywide Landscaping District(LL-2)Zone 73. FIX a Public Hearing for April 25, 2006 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment. Continued on Attachment:X SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _✓APPROVE OTHER SIGNATURE(S): � ACTION OF BO ON/%,Vt� p APPROVED AS RECOMMENDED OTHER VOTE 9F SUPERVISORS 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 Board of DM:ED:sr Supervisors on the date shown. G:\GrpData\SpDist\Board Orders\2006-Board Orders\03-7-06 BO LL-2_Z73(Fixing).doc Orig.Div:Public Works(Special Districts) (/ �j Contact: Eileen Doten(313-2253) ATTESTED://a" " �� 6 cc: County Administrator Assessor JOHN CULLEN,Clerk of the Board of Supervisors and Auditor-Controller County Administrator Community Development - County Counsel A.Anaya,Sp.Dist. By Deputy a o SUBJECT: ADOPT Resolution No. 2006/ IZ-.4 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73, and fixing a hearing for April 125, 2006 at 9:30 a.m. to consider levying an assessment for parcels to ble included and certify the tabulation of the ballots submitted for the proposed assessment, Oakley area. (District V) DATE: March 7, 2006 PAGE: 3 Recommended Action: (con't) DIRECT the Public Works Director to mail, by first class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. DIRECT the Clerk of the Board of Supervisors to complete the required public notification in accordance with Section 6061 of the Government Code. Fiscal Impact There is no impact to the County General Fund. All costs will be covered with revenue fi•om Countywide Landscaping District (LL-2) Zone 73. Reasons for Recommendations hh and Background: _ - I 2. The developer is required by Condition of Approval to form Contra Costa County Countywide Landscaping District (LL-2) Zone 73, for future maintenance of public landscaping including median islands, border strips fronting public roads, parks, on and offsite pedestrian paths, etc. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. Consequences of Negative Action: This project will not be in co pliance with the Conditions of Approval for Vesting Tentative Map 7562, 8900 and 8955, and an alternative means to finance public right of way landscape maintenance would have to be found. THE BOARD OF SUPQVISORS OF CONTRA COSTA CO'tnVTY, CALIFORNIA Adopted this Resolution on March 7, 2006 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DeSAULNIER AND UILKEMA NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2006/ SUBJECT: ADOPT Resolution No. 2006///3 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73, and fixing,a hearing for April 25, 2006 at 9:30 a.m. to consider levying an assessment for parcels to be included and certify the tabulation of the ballots submitted for the proposed assessment, Oakley area. (District V) The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing Vesting Tentative Map (the"Development"). 2. On April 4, 2005, the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into the formation of Contra Costa County Countywide Landscape District (LL-2) Zone 73. The County intends to initiate proceedings to form LL-2 Zone 73 pursuant to that request. 3. Once the Development is included into LL-2 Zone 73, the parcel(s) within it will receive a special benefit over and above that received by the general public in the form of landscaping improvements and services as defined in Section 22503 of the Streets and Highways Code and Landscape and Lighting Act of 1972. 4. In order to fund the Extended Service that will be provided to the parcel(s) within the Development, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "Assessment" under Article XIIID of the California Constitution because it is conferred to provide the special benefit, defined above, onl the parcel(s)within the development. 5. A copy of the FY2005-06 Mid Year Annexation Preliminary Engineer's Report for establishing a maximum landscape service charge (the "Engineer's Report") is attached as Exhibit A. The Engineer's Report meets the requirements of a report under Article 4-Sections 22565 through 22573. The Engineer's Report includes: a description of each parcel of real property receiving the special benefit, the Assessment Diagram, the estimated Assessment chargeable to each parcel; the Assessment chargeable to Zone 73 from the parcels within the Development, the methodology supporting the assessment, and the duration of the Assessment. DM:ED:sr G:\GrpData\SpDist\Board Orders\2006-Board Orders\03-7-06 BO LL2_Z73(Fixing).doc Orig.Div: Public Works(Special Districts) 1 hereby certify that this is a true and correct copy of an action Contact: Eileen Doten(313-2253) cc: County Administrator taken and entered on the minutes of the Board of Supervisors on Assessor the date shown. Auditor-Controller Community Development - County Counsel ATTESTED: /y,M ®R! a, A.Anaya,Sp.Dist. JOHN CULLEN,Clerk of the Board of Supervisors and County Administrator By Deputy RESOLUTION NO.2006/�� SUBJECT: ADOPT Resolution 1�To. 2006/ /3 accepting the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73, and fixing a hearing for April 25, 2006 at 9:30 a.m. to consider levying an assessment for parcels to be included and certify the tabulation of the ballots submitted for the proposed assessment, Oakley area. (District V) DATE: March 7, 2006 PAGE: 2 6. Based upon its review of the Engineer's Report, The Board finds that: (a) The Special Benefit financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Special Benefit will confer on each parcel. NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS: 1. The Board will conduct a public hearing (the "Hearing") on April.25, 2006 at 9:30 a.m. in Room 107 of the Board of Supervisors' Chambers,) 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Department of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "Notice of Assessment") attached as Exhibit B to the record owners of each parcel .within the development. The ballot attached as Exhibit C shall be attached to the Notice of Assessment. A copy of the Engineer's Report is on file with the Public Works Department. 3. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the ballots. At the close of the Public Hearing, the Public Works Department shall tabulate the ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director, has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report. RESOL UTION NO. 200611,Z9 o EXHIBIT A ENGINEER'S REPORT O b � PRELIMINARY ENGINEER'S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) Zone 73 - Summerlake South Mid Year Annexation Fiscal Year 2005-06 Prepared or: Contra Costa County Prepared by: Francisco&r Associates,Inc. 130 Market Place,Suite 160 San Ramon, CA 94583 March 7, 2006 0 0 Contra Costa Countywide Landscaping District(LL2) Zone 73 Mid Year Annexation Fiscal Year2005-06 TABLE OF CONTENTS Page No. Contra Costa County Board of Supervisors and County Staff..................................................ii Certificates.............................................................................................................................................iii SECTIONI-Introduction .................................................................................................................. 1 SECTION II-Impacts of Proposition 218........................................................................................2 SECTION III-Engineer's Report......................................................................................................3 PART A- Plans and SpecifIcations......................................................................................5 Table I—Planned Improvements......................................................................5 PARTB - Estimate of Cost.....................................................................................................6 Table 2—Total Estimated Cost at Build out..................................................6 PART C -Assessment Diagram............................................................................................8 PART D- Method of Apportionment of Assessment...................................................10 PART E-Property Owner List&Assessment Roll......................................................14 Table 3 -Assessment Roll.................................................................................14 N:\$Projects\Cancra\FY06-07\Zone72,73\EngRep\Z73_PER.doc 1 Francisco&Associates Contra Costa Coungy deQandsca - gDistrict(LL2) O Zone 73 Mid Year Annexation Fiscal Year2005--06 BOARD &COUNTY STAFF CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 CONTRA COSTA COUNTY BOARD OF SUPERVISORS John M. Gioia Chair District No. l _Gayle B.Uilkema I Mary N. Piepho Board Member District No. 2 Board Member District No. 3 Mark DeSaulnier Federal D. Glover Board Member District No.4 Board Member District No. 5 COUNTY STAFF Maurice Shiu Public Works Director Silvan Marchesi John Cullen County Counsel County Administrator Eileen Doten David Edmonds Special Districts Coordinator Special Districts Planner Francisco&rAssociates Assessment Engineer N:\$Projects\Contra\1-Y06.07\Zone72,73\Eng Rep\z PER.doc -li- Francisco&Associates o a Contra Costa Countywide Lands capingDistrict(LL2) Zone 73Mid Year Annexation. Year2005--06 CERTIFICATES ENGINEER'S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(11 -2) MID YEAR FISCAL YEAR 2005-06 The undersigned, acting of behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by they Contra Costa County Board of Supervisors pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of I972, and Section 22500 et seq of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer,registered in the State of California. Dated: 7i -7 d 4 By: ��.�. Maurice Shiu Public Works Director RCE No. 23204 I HEREBY CERTIFY that the enclosed Engineer's Report, together vzith the Ass ssm nt Roll and Assessment Diagram thereto attached was filed with me on the day o 2006. John Cullen, Clerk of the Board of Supervisors and County Administrator Contra Costa County, California By I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram theretoi attached was approved and confirmed by the Board of Supervisors of Contra Costa County,California,on the day of 2006. John Cullen, Clerk of the Board of Supervisors and County Administrator Contra Costa County, California By: N:\$Projects\Con¢a\FY06-07\Zone72,73\Eng RepzT PER.doc -iii- Francisco&Associates 0 0 Contra Costa Countywide Landscaping District(LL2) SECTION I Zone 73 Mid Year Annexation Fiscal Year 2005-06 INTRODUCTION SECTION I INTRODUCTION ENGINEER'S REPORT COUNTYWI E LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 Background Information To ensure the proper flow of funds for the ongoing operation, maintenance and servicing of specific improvements within the boundaries of Contra Costa County,the Board of Supervisors, through the Landscaping and Lighting Act of 1972,has previously approved the formation of the Countywide Landscaping District (LL-2) or "District" and is currently proposing the formation of a new Zone for the District. Improvements that may be constructed, operated, maintained and serviced by the District include: Landscaping, irrigation, lighting (not street lighting except in.special cases),park and recreational facilities,and appurtenant facilities including but not limited to;personnel,electrical energy,utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and facilities. Generally, developers as a part of their conditions permitting the developer to construct new housing or commercial/industrial developments, construct these public improvements. However, the ongoing operation, maintenance and servicing of these improvements are financed through the District. The District is composed of benefit zones to ensure the operation; maintenance and servicing of the improvements are specifically paid for by those property owners who directly benefit from the improvements. For Mid Year FY2005-06,it is anti)ipated that Zone 73 will be created. This new zone will need property owner approval prior to Ifinal approval from the Board of Supervisors. This process is discussed in Section Il;'Proposition 218'of this Report. Current Annual Administration f As required by the Landscaping and Lighting Act of 1972, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained and serviced by Zone 73, (2) an estimated build out budget for Zone 73, and (3) a listing of the proposed maximum assessments to be levied upon each assessable lot or parcel within Zone 73. The Contra Costa Board of Supe I isors will hold a Public Hearing,April 25, 2006, regarding the formation of Zone 73 which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, if the assessment ballot tabulation is favorable, the Contra Costa County Board of Supervisors may adopt a resolution confirming the maximum assessment rate as originally proposed or modified. Payment of these annual assessm Ints for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for the purposes stated within this Report. N:\$Projects\Contra\FY06.07\Zone72,73\Eng Rep\z73_PER.doc -I- Flanclsco &Associates I 0 0 Contra Costa Countywide Landscaping District(LL2) SECTION II Zone 73 Mid Year Annexation Fiscal Year 2005-06 PROPOSITION 218 SECTION II IMPACTS OF PROPOSITION 218 ENGINEER'S REPORT COUNTYWIDE E LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on Taxes Act' which added Articles XIIIC and XIIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and administration of assessment districts. These new procedures stipulate that even if assessments are initially exempt from Proposition 218, future increases in assessments must comply with the provisions of Proposition 218. However, if the increase in assessment were anticipated in the assessment formula (e.g., Consumer Price Index ((--PI) increase or assessment cap) then the County would not need to comply with the provisions of Proposition 218. For Mid Year FY2005-06,it is anticipated that Zone 73 will be formed. In order to comply with the requirements of Proposition 218,the County will implement the following procedures: 1) Every property owner within the area being formed will be mailed a ballot,which will allow the property owner to cast their vote on whether to form Zone 73. A notice describing the assessment, the individual property owner's maximum annual assessment rate, the duration of the assessment, the reason for the assessment and the basis upon which the assessment is calculated will accompany the ballots. 2) After the close of the Public Hearing on April 25, 2006, the ballots, which are returned within 45 days after mailing,will be tabulated to determine whether or not a majority protest against the assessment in Zone 73 exists. 3) The ballots will be weighted based on their proportionate amount of their maximum assessment for the zone. 4) If there are publicly owned properties (generally those which are developed as opposed to open space)they will be assessed. All property owners will be noticed in accordance with Proposition 218 prior to the Public Hearing. At the conclusion of the Public iHcaring, and after the ballots have been tabulated, the County Board of Supervisors may adopt a resolution confirming the maximum assessment rate. N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep i73_PER.doc -2- Francisco&Associates Q 0 Contra Costa Count ywideLandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005--06 ENGINEER'S REPORT SECTION III ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTIONS 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Highways e he State oCalifornia,Pursuant to Part 2 of Division 15 of the Streets and ah y Cod of tat f Cal and in accordance with the Resolution of Intention, being Resolution No. adopted March 7, 2006 by the Board of Supervisors of Contra Costa County, State of California, in connection with the proceedings fot: CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 Herein after referred to as the 'Zone 73", 1, Maurice Shiu P.E., the duly appointed ENGINEER OF WORK,submit herewith the 'Report" consisting of five (5)parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements in Zone 73. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto,and are on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the"Public Works Department. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Public Works Department. PART C: ASSESSMENT DISTRICT DIAGRAM This part incorporates by reference a diagram of Zone 73 showing the exterior boundaries of the Zone, and the lines and dimensions of each lot or parcel of land within the Zone. The diagram has been prepared and submitted to the Contra Costa County Clerk of the Board of Supervisors. The lines and dimensions of each lot or parcel within the Zone are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part contains the method of apportionment of assessments, based upon parcel classification of land within the Zone,in proportion to the estimated benefits to be received. N:\$Projec[s\Conga\FY06.07\Zone72,73\Eng Rep\z73_PER.doc -3- Francisco&Associates I 0 0 Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 ENGINEER'S REPORT PART E: PROPERTY OWNER LIST&ASSESSMENT ROLL This part contains a list of the Contra Costa County Assessor's Parcel numbers, and the maximum amount to be assessed upon the benefited lands within Zone 73. The Assessment Roll is filed in the Office of the County Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference. N:\$Projects\Con=\FY06-07\7-one72,73\Eng Rep\z73_PER.doc -4- Francisco&Associates 0 0 Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005--06 PART A PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within Zone 73, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: The construction,operation,maintenance and servicing of landscaping,irrigation,lighting(not street lighting except in special cases),park and recreational facilities,and appurtenant facilities including but not limited to;personnel,electrical energy,utilities such as water,materials,contractual services, and other items necessary for the satisfactory operation of these services and facilities as described below: Landscaping The landscaping facilities consist of,but are not limited to: Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, sidewalks, trails, and appurtenant facilities including, but not limited to; playground equipment, play courts, and public restrooms, located within the public right-of-ways, entry ways, parkways, County building grounds, and designated easements Within the boundaries of Zone 73. Li htin The lighting facilities consist of, but are not limited to: Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting located within the public rights-of-way and easements within the boundaries of Zone 73. The following is a detailed description of the improvements that are planned to be operated, maintained and serviced. Table 1: Planned Improvements RIGHT OF WAY IMPROVEMENT AREAS 4 LIMITS Phase 1 Summerlake Drive ROW Cypress Raod south to South Well Pump Streetscape I Station and Phase 2 Limits Phase 2 Summerlake Drive ROW South Well Pump Station north to Cypress Streetscape Road Phase 1 Cypress Road ROW Streetscape Bethel Island Road to second Summerlake &r Entry Drive Intersection Manresa Pocket Park End of Lakeview Cc-.26 acres Lakewood Drive Park Approximately.58 acres Sycamore Drive Park Approximately.24 acres South Pocket Park Approximately.71 acres Greenbelt Park Approximately.79 acres Ifakes-ile—Park Approximately 1.64 acres N:\$Projects\Contra\FY06.07\Zone72,73\Eng Rep\z173_PER.doc -5 Francisco&Associates a 0 Contra Costa Countywide LandscapingDistriet(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06 PART B PART B ESTIMATE OF COST The 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the public landscaping lighting (not street lighting except in special cases), parks, trails and open space facilities, etc . can be recovered by each Zone. Incidental expenses including administration of the Zone , engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Zones can also be included. For the new Zone being proposed for mid year it is not anticipated any expenditures will be incurred for Fiscal Year 2005-06, however it is estimated that $12,654 in reserve money will need to be collected. Table 2 below shows the total maintenance and operations budget upon completion of all improvements. This information has been provided by Contra Costa County Public Works Staff. 'IS *TAB kE12-1, ES.T,I�k1AT�D;C�OSTA12I3LJI DOUT'tINFF'2005 06%DQLTASRS)� +n r 'f a �. a Total Operation&t Maintenance Quantity Cost/Unit Cost Phase 1 Manresa Pocket Park 0.26 Acre $25,000.00/Acre $6,500.00 Phasel Lakewood Drive Pocket Park 0.58 Acre $25,000.00/Acre .$14,500.00 Phase ISycamore Drive Pocket Park 0.24 Acre $25,000.00/Acre $6,000.00 Phase 2 South Pocket Park 0.71 Acre $25,000.00/Acre $17,750,00 Phase 2 Greenbelt Park 0.79 Acre $25,000.00/Acre $19,750.00 _ Phase 2 Lakeside Park 1.64 Acre $25,000.00/Acre $41,000.00 Phase 1 Summerlake Drive ROW Westside 0.27 Acre $25,000.00/Acre $6,714.88 Phase I Summerlake Drive ROW Eastside 1.07 Acre $25,000.00/Acre $26,859.50 Phase 2 Summerlake hive ROW Westside 1.07 Acre $25,000.00/Acre $26,848.31 Phase 2 Summerlake Drive ROW Eastside 0.30 Acre $25,000.00/Acre $7,572.60 Phase I Cypress Road Drive ROW Northside 1.05 Acre $25,000.00/Acre $26,299.93 Phase 1 Cypress Road Drive ROW Southside 1.05 Acre $25,000.00/Acre $26,299.93 Phase 1 Cypress Road Drive Median 0.23 Acre .$25,000.00/Acre .$5,825.30 Other Medians&t Frontage 5.00 Acre $25,000.00/Acre $125,000.00 Utilities 12 Months $4,000.00/Month $48.000.00 Subtotal $404,920.45 TOTAL ALL MAINTENANCE: $404,920.45 Incidental Coats Assessment Engineering $9,000.00 ' Assesment Collection Fees $4,000.00 County Administration $31,524,00 TOTAL ALL INCIDENTALS: $44,524.00 Reserve Funds Operating Reserve Fund(50%) $224,72223 Capital Reserve Fund(45%) $182,214.20 TOTAL ALL RESERVES: $406,936.43 Total Annual Estimated Cost $856,380.89 N:\$Projects\ContraTY06.071Zone72,73\Eng Rep\z73_PER.doc -6- Francisco&Associates a Q Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06 PART B The 1972 Act requires that a special fund be set up for the revenues and expenditures of each Zone. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution to each Zone by Contra Costa County may be made to reduce assessments, as the Board of Supervisors deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year. N:\$Projects\Contra\FY06-07\.one72,73\EngRep\zI73 PER.doc -7' Francisco&Associates O O Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06 PART C PART C 1 ASSESSMENT DISTRICT DIAGRAM The boundaries of Zone 73 are completely within the boundaries of Contra Costa County. The Assessment Diagram for the Countywide Landscaping District (LL-2) that incorporates Zone 73 is on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Contra Costa County Public Works Department. The lines and dimensions of each lot or parcel within Zone 73 are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. Zone 73 encompasses the entire development area for Final Maps 7562, 8900 & 8955 also known as Summer Lake South. Zone 73 does not include the existing homesite that was located in the area prior to development. This area is located off of Cypress Road just east of the Oakley City limits (a vicinity map is shown'below). t Sq Cgg The Assessment Diagram is included on the following page. N:\$Projects\Contra\FY06-OTZ.one72,73\EngRep\z73_PER.doc -8- Francisco &Assoc ates I I � o w 1 r g 1 Z n o 0 �'� U 1 5 C.J z O 1 =IX rQj 1 UWO o f n z L 1 Q�Q Li N Z 1 N(n n 1 O Y o —J 1 ¢OZ Y 1 3_ g Zg< g = z w Omm z ~ z U] H W Q w r n a mV m Z V Z v u O.� 5 x a N r (n uu o i M Z ani moon ou ccar - ■ Y ■ (n ■ p ■ X ■ u ■ fn ■ ■ ■ ■ �, aG ■ SJ o C 1 52,2 y C � a . F r.�° Jtc cL No Pnnraa� �yy I a�1T e Y w c �t e p6 mei ■ Laky. e� SAF 3 �e ■ i Qo a 0 � � A ■ A i . y . X J • Bethel lsland Road i f 0 O Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART D PART D METHOD OF APPORTIONMENT OF ASSESSMENT Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972,permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements, which include the operation, maintenance and servicing of landscaping and street lighting improvements. Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.' "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code,State of California].' In addition, Article XIIID, Section 14(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered a tax, and therefore,are not governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment"rather than a"special tax." Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives,)public courts, public alleys, public easements and rights-of- ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. N:\$ProjectslContra1FY06-071Zone72,731Eng Rep\173_PER.doc -10- Francisco&Associates 0 0 Contra Costa Countywide LandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART D LANDSCAPING BENEFIT DETERMINATION Trees, landscaping, hardscaping Ind appurtenant facilities, if well maintained, provide beautification,shade and enhancement of the desirability of the surroundings. In Parkways and Land Values,written by John Nolan and Henry V. Hubbard in 1937,it is stated: "...there is no lack of opinion,based on general principals and experience and common sense,that parkways do in fact add value to property, even though the amount cannot be determined exactly. Indeed,in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City,or in parts of the City,...' It should be noted that the defimti on of "parkways" above may include the roadway as well as the landscaping along side the roadway. Proper maintenance and operation of the street landscaping along major thoroughfares,medians and parkways provides beautification and enhancement of the surroundings. These landscape improvements benefit all parcels within Zone 73. These major thoroughfares are the entryways into each zone and as such provide beautification to the entire zone. ASSESSMENT METHODOLOGY The total operation, maintenan le and servicing cost for the landscaping facilities are apportioned in accordance with the methodology that is consistent with standard assessment engineering practices. As certain subdivisions develop throughout the County, they may be annexed into an existing Zone or a new Zone may be created. Each new subdivision is evaluated to determine which improvements are of a specific and direct benefit to the parcels within the subdivision and then a determination is made whether to annex them into an existing Zone or form a new Zone. The parcels, which benefit from the improvements, are then identified and a benefit assessment methodology is developed to allocate the costs of the improvements to the benefiting parcels. Since the assessments are levied on the owners of properties as shown on the secured property tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be allocated by parcel, not considering land use, this would not be equitable because a single- family parcel would be paying the same as a 50-unit apartment parcel or a large commercial establishment. Therefore, as previously stated, the total assessment costs are allocated to each parcel of land based on benefit received by each particular parcel. The methodology used to assign EDUs to other land uses in proportion to the benefit they receive relative to the single family residential parcel and is explained below. N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep 73_PER.doc -11- Francisco&Associates O Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06 PART D Developed Single Family Residential -The developed single family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equivalent Dwelling Unit (EDU).i Parcels designated as developed single family residential uses per Contra Costa County land use code are assessed one(1.00) EDU. Developed Multiple Residential - The EDUs for land designated as developed multi-family uses which includes condominiums!mobile homes and apartments are assessed a factor of one- half(0.50) EDU per dwelling unit,e.g., a parcel with a 100-unit apartment would be assessed 50 EDUs. Based on data from representative cities in Northern California, the multiple family residential factor of 5001b is determined by the statistical proportion of relative trip generation from various types of residential users,in combination with density per unit. Developed Commercial/Industrial, Recreational, Institutional, and Other Miscellaneous Uses - Developed commercial and industrial properties include commercial, industrial, recreational, institutional or miscellaneous uses per Contra Costa County land use codes. The parcels are assessed based upon the acreage of the parcel. In converting developed . commercial/industrial properties to EDUs, the factor used was from Contra Costa County's average single family lot residential lot size. The parcels will be assessed one (1.00)EDU for the first acre or any portion thereof, one (1.00) EDU/acre for each additional acre. The minimum number of EDUs per parcel will be one (1.00)EDU. Undeveloped property is described as parcels with no improved structures. Property values increase for undeveloped parcels when public infrastructure improvements are installed and well maintained. Undeveloped Single Family Residential - Parcels defined as undeveloped single family residential parcels will be assessed at 50%of the developed single family rate. Undeveloped Non-Single Family Residential - Parcels defined as undeveloped non-single family residential will be assessed'at 50% of the developed commercial/industrial rate. These parcels include undeveloped multi-family residential, commercial/industrial, recreational, institutional and other miscellaneous parcels. These parcels will be assessed at 0.50 EDUs per acre or any portion thereof,with a,minimum of 0.50 EDU per parcel. Exempt Exempted from the assessment would be the areas of all public streets, public avenues,public lanes,public roads, public drives,public courts, public alleys, all easeinents and rights-of-ways, all public parks, cemeteries, greenbelts and parkways and all public school property,other public property,designated open space,and public utilities. N:\$Projects\Contra\FY06-07Zone72,73\&gRep\Z73_PER.doc -12- Francisco &Associates I f 0 0 Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73Mid Year Annexation Fiscal Year2005-06 PART D Zone 73 Summerlake South —O I eyArea)Final Map 7562, 8900 &8955 1 It is anticipated that Zone 73 will consist of 626 single family parcels and 13.40 acres of undeveloped non-single family residential at build out. Each of the parcels located within this zone will be assessed an equal share of the total assessment for this zone. Single family parcels are proposed to be assessed at 1.001EDU/parcel and undeveloped non-single family parcels are proposed to be assessed at 0.50 EDUs/acre. It is estimated that at build out of the Zone the total amount needed to maintain the public improvements for Zone 73 on an annual basis is $856,380.89 (FY2005-06 dollars). (626 single family units *1.00 EDU) + (13.40 acres undeveloped non residential * 0.50 EDU) _ 632.70 EDUs $856,380.89 divided by 632.70 EDUis= $1,353.53/EDU Proposed Maximum Rate $1,353.53 per single-family parcel $676.76 per non residential undeveloped acre Proposed FY05-06 Rate $20.00 per single-family unit $10.00 per non residential undeveloped acre Maximum Assessment Rate Increases The maximum assessment rate shown above is in FY 2005-06 dollars. Each year thereafter the maximum assessment rate shown above may be increased based upon an allowance for a minimum of a 2% CPI increase each fiscal year which is based upon the San Francisco Bay Area All Urban Consumers as of June 2005 (201.20). N:\$Projec[s\Contra\FY06-07\Zone72,73\Eng Rep�z73_PER.doc -13- FI'aIICISCO&ASSOCIateS I i . O � O Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06 PART E PART E PROPERTY OWNER LIST&ASSESSMENT ROLL A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within Zone 73 is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor,which by reference is hereby made a part of this Report. This list is keyed to the Assessor'sl Parcel Numbers as shown on the Assessment Roll, which includes the maximum proposed amount of assessments apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Contra Costa County Public Works Department and is shown below in Table 3. Table 3: Assessment Roll Assessor's Maximum Parcel Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 032.370.001 Shea Homes Limited Partnership 196 Single Family Units(Sub 8900) 42.37 196,00 $265,292.64 032-370-002 Shea Homes Limited Partnership 160 Single Family Units(port Sub 8955) 45.26 160.00 $216,565.42 032-370-003 Shea Homes Limited Partnership 79 SF Units(port Sub 8955)-10 Ac School 22.50 84.05 $113,764.52 032-370-004 Shea Homes Limited Partnership 53 Single Family Units(port Sub 8955) 13.29 53.00 $71,737.30 032.370.008 Shea Homes Limited Partnership Levee 0.42 0.001 $0.00 032-370.009 Shea Homes Limited Partnership Levee 0.20 0.00 $0.00 032-370.011 Shea Homes Limited Partnership Common Area-Canoe Club 2.54 1.27 $1,718.99 032.370.013 Shea Homes Limited Partnership Common Area-HOA-Daycare 0.76 0.38 $514.34 032-370.014 Contra Costa County Community Park 15.76 0.00 $0.00 032-370.015 Shea Homes Limited Partnership Levee 19.18 0.00 $0.00 032-370-016 Contra Costa County Open Space/Park 7.60 0.00 $aoo 032-370.017 Shea Homes Limited Partnership Levee 15.37 0.00 $0.00 032.370.018 Shea Homes Limited Partnership Common Area-HOA(Lake) 27.611 0.001 $0.00 032-370-020 Shea Homes Limited Partnership Common Area-HOA 3.34 0.00 $0.00 032-370.022 Shea Homes Limited Partnership Common Area-HOA 0.20 0.00 $0.00 032.380.001 Shea Homes Limited Partnership Single Family Home n/a 1.00 $I,353.53 032-380-002 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.003 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-004 Shea Homes Limited Partnership Single Family Home n/a 1.00 $I,353.53 032-3B0.005 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.006 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.007 Shea Homes Limited Partnership Single Family Home n/a 1.00 $I,353.53 032-380.008 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-009 Shea Homes Limited Partnership I Single Family Home n/a 1.00 $1,353.53 032-380-010 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-011 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.012 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-013 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.014 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.015 Shea Homes Limited Partnership _Single Family Home n/a 1.00 $1,353.53 032.380.016 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.017 Contra Costa County open space/park 0.26 0.00 $0,00 032-380.018 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.019 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-020 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032-380-021 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.022 Shea Homes Limited Partnershipi Single Family Home n/a 1.00 $1,353.53 N:\$Pmjecrs\Contra\FY06-07\Zone72,73\EngRep �z73 PER.doc -14- Francisco&Assoc aces I a o Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART E Assessor's Maximum Parcel Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 032.380-023 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-024 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.025 Shea Homes Limited Partnership ' Single Family Home n/a 1.00 .$1,353.53 032-380-026 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.001 Shea Homes Limited Partnership Single Family Home n/a 1.001 $1,353.53 032.390-002 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-003 Shea Homes Limited Partnership Single Family Home n/a 1.00 i.$1,35353 032-390-004 Shea Homes Limited Partnership Single Family Home _ n/a 1.00 $1,353.53 032-390-005 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-006 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-007 Shea Homes Limited Partnership J Single Family Home n/a 1.00 .$1,353.53 032-390-008 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-009 Shea Homes Limited Partnership - Single Family Home n/a 1.00 $1,353.53 032-390-010 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-011 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032-390-012 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-013 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-014 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-015 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032-390-016 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-017 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.018 Shea Homes Limited Partnership Single Family Home n/a 1.001 $1,353.53 032-390-019 Shea Homes Limited Partnership Single Family Home n/a I.G01 .$1,353.53 032.390-020 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-021 Shea Homes Limited Partnership Single Family Home n/a Loo $1,353.53 032-390-022 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-023 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-024 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-025 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-026 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.027 Shea Homes Limited Partnership Single Family Home n/a 1.00^ $1,353.53 032-390-028 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-029 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-030 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-031 Shea Homes limited Partnership ' Single Family Home n/a 1.00 .$1,353.53 032-390-032 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-033 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032-390-034 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-035 Shea Homes Limited Partnership Sin 1e Family Home n/a 1.00 .$1,353.53 032.390-036 Shea Homes Limited Partnership Single Family Home n/a 1.001 $1,353.53 032-390-037 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.038 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032390-039 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032.390-040 Shea Homes Limited Partnership Single Family Home n/a Lo0 $1,353.53 032-390-041 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-042 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-043 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-044 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-045 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-046 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032.390-047 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032-390.048 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-049 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.050 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-051 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032.390.052 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-053 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-054 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 N:\$Projects\Contra\FY06.07\Zone72,73\Eng Rept 73PER.doc -15- Francisco &Associates o a Contra Costa Countywide LandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART E Assessor's Maximum Parcel Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 032-390-055 Shea Homes limited Partnership Single Family Home n/a L00 $1,353.53 032.390.056 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-057 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-058 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-059 Shea Homes Limiced Partnership Single Family Home n/a 1.00 $1,353.53 032-390-060 Shea Homes Limited Partnership Single=Home me n/a 1.00 $1,353.53 032-390-061 Shea Homes limited Partnership J Singlome n/a L00 $1,353.53 032.390-062 Shea Homes Limited Partnership Singleome n/a L00 $1,353.53 032-390-063 Shea Homes Limited Partnership J Singleme n/a 1.00 $1,353.53 032.390-064 Shea Homes Limited Partnership - J Singleme n/a 1.00 $1,353.53 032-390-065 Shea Homes Limited Partnership J Singleome n/a 1.00 $1,353.53 032-390-066 Shea Homes Limited Partnership J Singleome n/a 1.00 $1,353.53 032.390-067 Shea Homes Limited Partnership Single Family Home n/a 1.001 $1,353.53 032-390-068 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032.390.069 Shea Homes Limited Partnership Single Family Home n/a 1.001 $1,353.53 032-390-070 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-390-07I Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032-390-072 Shea Homes limited Partnership J Single Family Home n/a 1.00 $1,353.53 032.390.073 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-074 Shea Homes limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-390-075 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$2,353.53 032-390-076 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-077 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-078 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-390.079 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-080 Shea Homes Limited Partnership J Pump Station 0.06 0.00 $0.00 632-400-001 Shea Homes limited Partnership { Single Family Home n/a 1.00 $1,353.53 032-400-002 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-003 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-004 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-005 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-006 Shea Hames Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-007 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400.008 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-400-009 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-010 Shea Homes Limited Parprership Single Family Home n/a 1.00 $1,353.53 032-400-011 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 rtnershi 032-400-012 Shea Homes Limited Pap Single Family Home n/a 1.00 $1,353.53 032-400-013-Shea Homes limited Partnership Single Family Home n/a 1.00 .$2,353.53 032-400-014 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-400-015 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-016 Shea Homes limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-400-017 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-400-018 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032-400-019 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400.020 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-021 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-022 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032-400-023 Shea Homes Limited Partnership Single Family Home i/a 1.00 $1,353.53 032-400-024 Shea Homes Limited Partnership Single Family Home n/a 1.00 .$1,353.53 032-400-025 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,3.53.53 032.400-026 Shea Homes Limited Partnership Single Family Home rr/a 1.00 $1,353.53 032-400-027 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-028 Shea Homes Limited Partnership J Single Family Home n/a 1.00 $1,353.53 032.400.029 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-030 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-031 Shea Homes Limited Partnership J Single Family Home n/a 1,DO $1,353.53 032-400-032 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-033 Shea Homes Limited Partnership - Single Family Home n/a 1.00 $1,353.53 032-400-034 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400.035 Shea Homes Limited Partnership Open space/landscaping 0.10 0.00 .0.00 632.70 $856,380.89 N:\$Projects\ContmTY06-07\Zone72,73\Eng Rep�z73_PER.doc -16- Francisco drAssodates EXHIBIT B NOTICE OF ASSESSMENT I 0 0 CONTRA COSTA COUNTY LANDSCAPE & LIGHTING ASSESSMENT DISTRICT—Zone 73 NOTICE OF PROPOSED ASSESSMENT Attn:Jeff Shetterly Assessor Parcel Nos.: See attached ballot Shea Homes Limited Partnership 2600 Shea Center Drive FY 2005-06 Rate per EDU: $20.00 Livermore, CA 94661 Maximum Rate per EDU: $1,353.53 REASON FOR THE PROPOSED ASSESSMENT Contra Costa County is proposing to form Zone 73 of the Countywide Landscape &Lighting Assessment District ("Zone") this fiscal year to establish a funding mechanism for property owners to operate and maintain public landscaping, street lighting, open space, trails, parks, etc. (the "Public Improvements") associated with the development of Final Maps 7562, 8900 & 8955. This annual assessment is levied on all property owners who directly benefit)from the Public Improvements associated with their development. DESCRIPTION OF IMPROVEMENTS The Zone funds will be used to operate and maintain the Public Improvements associated with their development. The annual landscape maintenance will include, but is not limited to public landscaping, irrigation, planting, shrubbery, ground cover, trees, pathways, trails hardscapes, walls, fences, and other appurtenant facilities. The annual street lighting maintenance consists of, but is not limited to, the servicing of poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and other appurtenant facilities. The annual operational costs will include, but are not limited to, water, materials, electrical)energy, personnel, equipment, etc. that is needed to maintain the public landscaping and street lighting facilities. BASIS F IR CALCULATING ASSESSMENTS Each year the County Public Works staff will determine how much it will cost to operate and maintain the above described Public Improvements iwithin Zone 73. These costs will be distributed proportionally to all of the benefiting parcels within the Zone based on the following calculations. A single family parcel has been selected as the basic unit for the calculation of assessments. Therefore, the single family parcel is defined as one (1.00) Equivalent Dwelling Unit(EDU). Multi-family parcels are assigned 0.50 EDUs per unit. Commercial, industrial and institutional tparcels are assessed at 6.00 EDUs per acre. Zone 73 will eventually be comprised of 626 single family parcels and 13.40 acres of undeveloped non- residential property. Therefore the calculation of the equivalent dwelling units would be 626 * 1.00 EDUs + 13.40 * 0.50 EDUs = 632.70 EDUs. DURATION OF ASSESSMENTS In order to operate and maintain the Improvements within the Zone, the County plans to levy an assessment each fiscal year in perpetuity. (Over) +Documents and Settings\sgospodc\Local Settings\Temporary lintemet Piles\OLK2\z73 notice_01(rev).doc MOUNT OF PROPOSED ASSESSMEV A. Total Zone Assessment The total FY 2005-06 annual assessment for Zone No. 73 is$12,654.00. B. Individual Assessment The total FY 2005-06 annual assessment Ior your parcel(s) described above will be$12,654.00. C. Maximum Assessment Rate The maximum annual assessment that col ld be levied for Zone 73 is$1,353.53 per EDU. It is estimated at build out of the Zone the total amount needed to maintain the Public Improvements for Zone 73 on an annual basis is $856,380.89 (FY2005-061 dollars). In each successive fiscal year the maximum assessment may be increased by the change in the Consumer Price Index for the San Francisco Bay Area Urban Wage Earners (minimum of 2%) from the previous year to cover the cost of living increase and olther inflationary costs. PROCEDURES FOR COMPLETING THE BALLOT Accompanying this notice is a ballot,all ng with a pre-addressed, postage paid return envelope. The ballot may be completed by the property owner( s) or their authorized representative and returned to Contra Costa County to indicate the property owners support for or opposition to the proposed assessment. For your ballot to be counted, you must clearly mark the appropriate box, sign the ballot and return it sealed in the enclosed envelope by the conclusion of the public input portion of the public hearing on April 25, 2006. Ballots may be returned either by mail or delivered to 255 Glacier Drive,Martinez, CA 94553 by the close of the public input portion of the public hearing. If returning your ballot by mail, please allow sufficient time for delivery, so that the County receives your ballot by April 25, 2006. INFORMATION REGARDING PUBLIC HEARING AND PROTEST PROCEDURE The County Board of Supervisors will ahold a public hearing on April 25, 2006, to hear testimony regarding the proposed assessment, to accept ballots, and to determine whether there is a majority protest for or against the proposed assessment. The public hearing, which will begin at 9:30 a.m., will be held at the Board of Supervisors Chambers, locati d at 651 Pine Street, Martinez, California. All ballots, which are returned to Contra Costa County by the conclusion of the public hearing, will be tabulated and weighted according to the proportional financial obligation of the affected property. If upon completion of the public hearing and tabulation of the ballots, the County Board of Supervisors determines that a majority of the ballots cast weighted by assessment obligation, opposes imposition of the assessment, the assessment will not be imposed. Respecting the constitutional right to privacy, Contra Costa County will strive to keep the ballot information confidential, and ballots will not be opened until after the close of the public input portion of the Public Hearing on April 25, 200 QUESTIONS REGARDING THESE PROCEEDINGS If you have any questions about the proposed assessment or this process, please contact Eileen Doten at (925) 313-2253 or Jennifer White, the County's Assessment Engineer at(925) 867-3400. C\Documents and Scnings\sgospodc\Local SettingsUctnpomry Intemet Files\OLK2\z73_notice_01(rev).doc I i EXHIBIT C SAMPLE BALLOT p ile I'Q S M` #a H 3 ' 3 t 'si �'11e s S k jai 4i J1 y1'� 4+ 1f iz A La ' a 4 my{,oa i q K �fl y ns�'; cTM "u,�„,pzo-:;I��• � �`5¢ � a �-ST, e:�D'�A � � � * u�' a, T" s' s s ' T °.€„ ❑ Yes, I SUPPORT the formation of Benefit Zone 73 — Summerlake South into the Countywide Landscape & Lighting AssessmentDistrict and agree to the maximum annual assessment rate of $1,353.53 per Equivalent Dwelling I Unit, which includes an allowance for annual increases due to the change in the Consumer Price Index increase (minimum of 2%). ❑ No, I OPPOSE the formation of� Benefit Zone 73 — Summerlake South into the Countywide Landscape & Lighting Assessment District and do not agree to the annual assessment rate of $1,353.53 per Equivalent Dwelling Unit. Property Owner Name(s): Shea Homes Limited Partnership,Attn:Jeff Shetterly Property Address or Description: Subdi)ision(s) 7562, 8900 & 8955 (626 single family units & 13.4 acres of non-residential) — Summerlake off of Cypress Road I Assessors Parcel Number(s): 032-370-001 through 004 032-370-008 through 009 032-370-011 032-370-013 032-370-015 032-370-017 through 018 032-370-020 032-370-022 032-380-001 through 016 032-380-018 through 026 032-390-001-through 080 032-400-001 through 035 I hereby certify under penalty of perjury that I am the legal property owner and/or person entitled to execute this ballot for the property shown above in these proceedings. Dated: Signature Printed Name of Property Owner/Representative Once you have voted and signed this ballot, please place the ballot in the enclosed pre-paid, self-addressed return envelope. Your ballot will not be counted if you have not voted, signed the ballot, sealed the envelope and mailed or delivered it to Contra Costa County, Attn: David Edmonds located at 255 Glacier Drive, Martinez, CA 94553. All ballots must be received prior to the conclusion of the public input portion of the Public Hearing, which will be held on April 25, 2006, starting at 9:30 a.m., at the Contra Costa County Board of Supervisors Chambers, 651 Pine Street, Martinez, CA. CADocuments and Settings\sreed\Local Settings\Temporary Internet F$es\0LK62\z73_ballot_01(rev)(2).doc 1/ I O r ?; Anashia Lloyd To: EShar@cob.cccounty.us <cctlegals@cctimes.c cc: om> Subject: Re: NOTICE OF PUBIC HEARING FOR LL-2 ZONE 73, OAKLEY AREA 03/07/2006 03:07 PM Please respond to cctlegals THE FOLLOWING e-mail contains pertinent information, please read it carefully in its entirety. I Good Afternoon If you have any questions re ardin tg he legal notice confirmed below, Please reference the legal number provided. Please only e-mail tocctlegals d?cctimes.com regarding Contra Costa Times Concord Transcript or Contra Costa Sun legal notices. ** LEGAL SCHEDULE CONFIRMATION ** TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 5061 PO#: 1138 Publication: CCT Run Date(s): 04/15 Legal Acct#: 200 4197 Total Amount: $84.00 REVISIONS/CANCELLATIONS: i will need a cancellation requestreferencin2 the legal number—or all changes attached in a final draft Microsoft Word Document—e-mailed to cctlegalsC&cctimes.com by no later than 8 AM, Thurs., 04/13. Otherwise, the legal will Publish as you e-mailed. Thanks! Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359 —fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals@cctimes.com EShar@cob.cccounty.us wrote: Dear Anashia, Please publish the above NOTICE OF PUBLIC HEARING on your CONTRA COSTA I _ LEGAL PUBLICATION REQUISTIONr . ^ Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA 94596 EMY L. SHARP + MARCH 07, 2006 9 ' Re uested by: . i Date: I 925-335-1903 Phone No:- I Reference No:- Org: Sub Object: 2190 Task: SAS Activity: _ I Publication Date (s): APRIL 15, 2006 No. of Pages: (2) LEGAL PUBLICATION- . NOTICE OF A PUBLIC HEARING FOR LL-2 ZONE r7,3 . OAKLEY AREA I I "E-MAIL" '•'Ilmmediately upon expiration ofpublimtion•`••- — send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. w - Authorized Signa t Please confirm date of publication & receipt of this fax. a a PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY 255 Glacier Drive, Martinez, California 94553-4897 NOTICE OF A PUBLIC HEARING BEFORE THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA, CALIFORNIA NOTICE IS HEREBY GIVEN that the Board of Supervisors of Contra Costa County will meet in the Board Chambers, Room 107, at 651 Pine Street, Martinez, California, to hold a public hearing on April 25, 2006 at 9:30 a.m., to consider comments of any interested person, either written or oral, to the Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73 and consider levying an assessment for parcels to be included and certify the tabulation of the ballots submitted for the proposed assessment, Oakley area. A copy of the Engineer's Report is on file with the Clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, California, and the Public Works Department, 255 Glacier Drive, Martinez, California. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 07. 2006 JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By EMY L. SHARP Deputy PUBLICATION DATES: April 15, 2006 a 0 J PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board eshar(cr�cob.co.contra-costa.ca.us FROM: Eileen Doten I Public Works Department (925) 313-2253 BOARD MTG. DATE: March 7, 2006 PREVIOUSLY APPROVED BY BOS ON: N/A HEARING DATE: April 25, 2006 PUBLICATION DATES: April 15, 2006 REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not type below this line—Publication language on following page