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HomeMy WebLinkAboutMINUTES - 03072006 - C.14 4 sE L ontra TO: BOARD OF SUPERVISORS A. Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR .; �,�° County °qs•. �c3 coii*ti' Y DATE: March 7, 2006 SUBJECT: ADOPT Resolution No. 2006//A3 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: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER SIGNATURE(S): ,_P_ ACTION OF BO ON�6,0h G APPROVED AS RECOMMENDED JZ=ER VOTE O "SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this is a true and correct cope ol'an action taken and entered on the minutes of the Board of DM:EDsr Supervisors on the date shown. G:\GrpData\SpDist\Board Orders\2006-Board Ordcrs\03-7-06 BO LL-2_7_73(Fizing).doc Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313=2253 cc: County Administrator Arms rcD:/y�'' Cea�2.�r-,d 6 Assessor JOHN CULLEN.Clerk of the Board of Supervisors and Auditor-Controller County Administrator Community Development County Counsel A.Anaya,Sp.Dist. 1 v Deputy SLIi3J.ECT: ADOPT Resolution No. 2006 �� accepting tl�e Fiscal Year 200512006 M.id-Year Annexation Preliminary Engineer's Report for Contra Costa County Countywide Landscape District (LI.-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: 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-0111 Countywide Landscaping District (L,L-2) 'Zone 73. Reasons tier Recommendations and Background: 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 fi-onting 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 ResolUtioll complies with the requirements for new assessments under Proposition 21 S. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for Vesting Tentative Ntap 7562, 8900 and 8955, and an alternative means to finance public right of way landscape maintenance would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2006 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DeSAULNI_ER AND UILKEMA NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2006///9 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 parce](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, on 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. I)M:E..D:sr G:\GrpData\SpDist\Board Orders\2006-Board Order;\03-7-06 130 LL-2_Z73(Fixing).doc Orig.Div: Public Works(Special Districts) I hereby certify that this is a true and correct copy of an action Contact: Eileen Down(313-2253) cc: Comnv Administrator taken and entered on the minutes of the Board of Supervisors on Assessor the date shown. Auditor-Controller Conmiunity Development County Counsel ATTESTED: 1%,,eA VR, gA0,` A.Anaya,sp.Dist. JOHN CULLEN,Clerk of the Board of Supervisors and County Administrator By Deputy RESOLUTION NO.2006//M SUBJECT: ADOPT Resolution No. 2006/ /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 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 I 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 wei0hted 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 U710N NO. 2006/1,13 EXHIBIT A ENGINEER'S REPORT ..., PRELIMINARY ENGINEER'S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) Zone 73 - Summerlake South Mid Year Annexation Fiscal Year 2005-06 �)"i�. `•.s cr.J. .s Zr.. Contra Costa County . Preparcd by: Francisco&z Associates, Inc. 130 Market Place,Suite 160 San Ramon,CA 94583 March 7, 2006 Contra Costa Countywide Landscapin7 District(LLZ) Zone 73Alid Y carAnnexation Fiscal 1'car2005-06 TABLE OF CONTENTS Page No. Contra Costa County Board of Supervisors and County Staff..................................................ii Certificates.............................................................................................................................................iu SECTIONI - Introduction ..................................................................................................................1 SECTION TT - Impacts of Proposition 214........................................................................................2 SECTION11.1.- Engineer's Report......................................................................................................3 13ART A - Plans incl Specifications......................................................................................5 Table 1—Planned Improvement.s......................................................................5 PARTB - Estimate of Cost.....................................................................................................6 Table 2 —Total Estimated Cost at 13uild out..................................................6 PART C - Assessment Diagram............................................................................................S PART D- Method of Apportionment of Assessment...................................................10 PARTE - Property Ow-licr:List&Assessment Roll......................................................14 Table 3 - Assessment Roll.................................................................................14 :`: I'rojcc[,•L'onua\11'06-U7•.7-onc72,73%EngRcp`•--7.3 p[R.doc ; FrallC'ISCO CS7ASSOC'I�lteS Contra Costa Countywide Landscaping District(LL2) Zone 73 Mid YearAnnexation Fiscal Year 2005-06 BOARD &r 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. 1 Gayle B. Uilkema 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 Silvano Marchesi John Cullen County Counsel County Administrator Eileen Doten David Edmonds Special Districts Coordinator Special Districts Planner Francisco&rAssociates Assessment Engineer N:\$11rojects\Contra\I7Y06-07`1:one73.73\Eng Rep"Z73.PER.doc ii- Francisco&Z'Associates Contra Costa Countywide Landscaping District(LL2) Zone 73 Mid Year, nnexation Fiscal Year 2005-06 CERTIFICATES ENGINEER'S REPORT CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-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 the Contra Costa County hoard.of Super��isors pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972, and Section 22500 et seq of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer., registered in the State of California. Dated: 20s7 D 4 By: ��q•.. Maurice Shiu Public Works Director RCE No. 23204 1 HEREBY CERTIFY that the enclosed. Engin.eer's Report, together v}th the Ass ssm nt Roll and Assessment Diagram thereto attached was filed with me on the, —day o9 2006. John Cullen, Clcrk of the Board of Supervisors and County Administrator Contra Costa Count', California Bv: I HEREBY CERTIFY.' that the enclosed Engineer`s Report, together with the Assessment Roll and Assessment Diagram thereto attached was approved and confirmed by the Board of Supervisors of Contra Costa County,California,on the day of 2006. John Cullen, Clerk of the Board of SupenTisors and County,Acro inistrator Contra Costa County, California By: IV:',SI'rojects\Concra1FY06-07"-one7?73\Ln;Rep•--3_PER.doc -iii Francisco&AssociZtes Contra Costa Countywide Landscaping District(LL 2) SECTION I Zone 73A1id Year Anneyation Fiscal Year 2005-06 INTRODUCTION SECTION I INTRODUCTION ENGINEER'S REPORT COUNTYWIDE 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 reci-cati.onal facilities,and apptirtcnant faclli.tics including lett not litnitcd to;personnel,electrical cncrg,titilitics such as ii,ater, materials, contracnml seri,ices, and other items necessaty for the satisfactoty oper ation of tllcsc scrlliccs and facilities. Ge.riera.11y, developers as a part of their conditions permitting the developer to construct new housing or commerclal/inclustrial 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 \/licl )'ear FY2005-06,it is anticipated that Zone 73 will be created.. This new zone will need. property owner approval prior to final approval from the Board of Supervisors. This process is discussed in Section Il;`.Proposition 218'of this Report. Current Annual Administration As required by the Landscaping and Lighting Act of. 1972, the Engineer's Report includes: (1) a description of the improvements to be operated, maintained and serviced by 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 Supervisors will hold a Public Hearing, April 25, 2006, regarding the formation of Zone T 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 assessments for each parcel will be made in the same manner and at the same time as payments are made for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used. for the purposes stated within this Report. NA$Pi-ojccrs\Conn-a\FY06-07\=onc7?,73\i:rig RejA 7.3_11ERAoc I Francisco&Assocl£lres Contra Costa Countyvvkle Landscaping District(L.L2) SECTION II Zone 73 iWid earAnnraation.Fiscal Year 2005-06 PROPOSITION 2.18 SECTION II IMPACTS OF PROPOSITION 218 ENGINEER'S REPORT COUNTYWIDE 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 X111C and \IIID to the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation and adniiiiistration of assessment districts. These new procedures stipulate that even if assessments are initially exempt froill 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 Consumer Price Index (CPI) increase or assessnle.nt cap) then the County -,wou.l.d .Liot need to comply with the provisions of Proposition 218. For Mid Year. FY2005-06,it is anticipated that Z one 73 will be formed. I:n order to comply with the requirements of Proposition 218,the County will inlplenlent 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 maxinlunl 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 clays 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 nlaximunl assessment for the zone. 4) if there are publicly owned properties (generally those which are developed as opposed to open space) they will be assessed. All property owners will be noticed in accordance with Proposition 218 prior to the Public Hearing. At the conclusion of the Public Hearing, and after the ballots have been tabulated, the County Board of Supervisors may adopt a resolution confirming the maximum assessment rate. N:\SProjccts\Conan\F1'06-07\=onc72,73\Eng 1zcp\--73PER.doc -2- Francisco&Associates Conmz Caste Cozint-j iiliclt-L;i-i7dsc rpli2,ti District(I-L2) SECTION III Zone 73 ihlid YcarAnDexadwi Fiscal 167r2005-06 ENGINEER'S REPORT SECTION III ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTIONS 22.500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance ivith the Resolution of Intention, being IZe.SolUC101I No. adopted March 7, 2006 by the Board of Supervisors of Contra Costa County, State of California, .in connection with the proceedings for: CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 herein after referred to as the "Zon.e 7.3 , I, Maurice Shiu P.L•., the duly appointed ENGINEER OF�•VOIZK,.SU bill it here\l'ith the "Report" consisting of-Ilve (5)parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements in Zone 73. Plans and specifications for the improveillents 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 Hoard 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 thereNvith, is as set forth on the lists thereof, attached hereto, a.n.d is on file ill 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 line's 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 vas prepared. The Assessor's maps and.records are incorpcn-atcd by reference .herein. and made part of this Report. PART D: METHOD OF APPORTIONMENT 017 ASSESSMENT This part contains the .method of apportionment of assessments, based Upon parcel ciassi(icatio.n of land within the Zone,in proportion to the estimated benefits to be received. �',51'rnjccrs`•.Conua.il'U6 U \..=oner,Z3\Eng Rep\Z73_PER.Cloc 3 Francisco&Associates Contm Costa Countytivide Landscaping District(I-L2) SECTION III. Zone 73A1icl Year Annexation Fiscal Year 2005-06 ENGINEER'S REPORT DART E: PROPERTY OWNER LIST&i ASSESSMENT ROLL "Chis part contains a list of the Contra Costa County Assessor's Parcel numbers, and the maximum u.nomit to be assessed upon the benefited lands within 7011c 73. The Assessment Roll. is filed in the Office of the County.Clerh 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. \:'•_til'ruj cts`•,i'Doti;r,Ll'Ub-U7`•,=uncr'2,73\FngRep¢73_P17:.doc Fhmclsw&AssoclatE:s Contra Costa CountyivjdcLandscapin7.District(112) SECTION III Zone 73A d)'earAnncvation Fiscal 1c71-2005-06 PART A PART A PLANS AND SPECIFICATIONS The facilities, \vhlch have leen constructed Within Zone 73, and those which may be. SL1bSCCILICntly COnstrtlCtUl., Twill be operated, inaintained and serviced as generally described as follows: The construction,operation,ntaintcnarlcc and servicing of landscaping,irrigati.oil,lighting(not street lit,>hting ever pt in special cases),parl,and rccrcationcll f ilciliti.cs,and applu-tcnant f acilities inchiding blit not limited to;PCI-sonnCl,electrical erlcrg"Utilities Such(is Ymter,inatcrials,contracitial SCil)lces, and other items necessary for tate satisfactoty operation of these ser-vi.ccs and facilities cis described bclo\a': Lanclsc,jp ng he la.l.7dscaping 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 sways, parl.<ways, County building grounds, and designated casements \,\,ithin the boundaries of. one 73. Lighting The lighting facilities consist of, but are not limited to: Poles, fixtures, bulls, conduits, equipment including guys, anchors, posts and pedestals, metering devices and apl-)urtenant facilities as required to provide lighting located within the public rights-of-way and easements -,vi.thin the boundaries of Zone 73. The following is a dn detailed description of the improwucnts that etre planned to be operated, maintained and scr\ricccl, ".fable 1: Planned Improvements RIGHT OP WAY IMPROVEMENT AREAS LIMITS Phase 1 Sanuncrlake Drive ROW Cypress Raod south to South Wcll Pump Strectscipe Station and Phase?Limits Phase.2 Summerlake Drive ROW South WC1I PUMP Station north to Cypress strectscahe Road Phase 1 Cypress Road ROW Streetscape Bethel Island Road to sccond Sumuicrlakc entry Drkc Intersection Manresa Pocket Part: lind of Lakeview Ct.-.?6 acres Lakewood Drive Part. �PPruximatcll .5S acres ---- — - - - __ - S\aunore I)ri�'e P:u•k _- :\ppmx.lmatl'I\'?'t:1C rl'ti South Pocket Park Approximatcly.71 acres Grecnbelt Park .Approximately.79 acres I:tk-'e—siac Parl: ApProxnnaeelp 1.64acres \:' Projetts\i.ontr:I\hl'(1(i 07` onr72,73`,Lng Rep'1z73_Pel.d e - 5 Francisco e�z Associates Contra Costa Countyhvide Larnlscapip District(I I_?) SECTION III o.im 73 AI&I YearAnnexation Fiscal Year 2005--06 PART B PART B ESTIMATE OF COST -File 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 includinu administration of th.e Zone, engineering fees, legal fees and all other costs associated \v.ith the construction, operation and niaintenan.ce and servicing of the Zoilcs can also be incl udcd. For the nCNN7 Zone beim; proposed for mid year it is not anticipated any expenditures Rrlll be incurred for Fiscal Year 2005-06, however it is estimated that $12,654 in reserve money will neer( 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 %Yorks Staff. "I at[_E 2:TOTAL-ESTIntATEI)COST:,,\'T.13UII_DOUT(IN FY2005-06 DOL1.:ARS) ' s (I-L-2)-Zone 73 Sittntncrizl:e.Sittttli(Sttb-7fi52,5900 F3955) ' Total Operation&Maintenance Quantity Cost/Unit. Cost Phase 1 Manresa Pocket Pati: 0.26 Acre $25,000 00./Acre $6,ip0.00 Phase Lakewood Drive Pocket Part. 0.58 Acre ti-1i,000 001ACl'e 1,14,500.00 Phase 1 Sycamore Drive locket Park 0.2-+Acre 52:5,000.00;Acre $6,m)00 Phasc 2 South Pocket Park 0.11 Acre 32.5,000.001ACre S17,750.00 Phase 2 Greenbelt Park 0.74 Acre $25,000.00:1Aerc 519,750.00 Ph;isc 2 Lakeside Park 1.64 Acre S25,0oo.00;'Acrc 511,00000 Phase I Sutntnerlake Drive ROW\Vestside 0.27 Acre S25,000.011'Acre 56,714.88 Phase 1 Summcrlake Drive ROW Eastside 1.07 Acre 525,000.00..'Acre ~26,850.50 Phase 2 Stunmerhike Drive ROW Wesuside 107 Acre S25,000.00.'Acrc $26,848 31 Ph,uc 2 Summerlakc Drive ROW Lastside 0.30 Acre S25,0W.00UAcre 57572.60 Pharr I Cy prr.ss Road Drive RCAV Northsiile 10.5 Acre 525.000 00 Acre ti26?44.9 4 Phase 1 Cypress Road Driyc ROW SOULIWLIC 1.05 Acre 525,000.00/A c re $10,294.93 Phase 1 Cypress Road Pim c N1edi.ut 0.'i Actc "25,000.00."Acle tij,82530 Other\•lecliaas&-Fronta};e 5.00 Acre 1,25.000 00 Acre 5125100.0.00 Utilities 1\lonths S4,000 00/\101101 SIti.WQUU Subtotal $40+,920.45 To-FALA1.1-MAIN'l VNIANCE: $404,920.45 Incidental Costs \sscssmcm En);ineermfi $9,000.00 Asse-sment Collection l=ees S4i,00000 Courav Adininisu:uion 531,524.00 TOT;\I.ALL INCII)ENI ALS: $44,524.00 Reserve Funds Operating Reserve Fund(5N',,) Capital Reserve Fund(4510) 5182_114,20 TOTAL ALL RESERVFS: $406,9.36.43 'Dotal Annual L'stlnlated Cost $856,380.89 ti:`•: I'rojccrs`Conuir,Pl'o6-u7`._onc72,73`•.Eng Rcp\-73.._PERdoc Ci Francisco&ASSOCI�?tES Conten COSM COuntywkle I_andscalun;Distnct(I.I2) SECTION III Zone 73 Mid YcarAnnevation Fiscal Year 2005-06 PART B The 1.972 Act rcc{uires that a special fund be. set up fol' the .rcN7cnucs and expenditures of each Lone. Funds raised by the assessments shall be used only for the purpose as stated herein. A Coll.tri bution to eacll lone by Contra Costa County may be made to reduce assessmellts, as the Board of Supervisors deems appropriate. Any balance rcmaining on July 1 at the end of the fiscal year must be carriedover to the next fiscal year. \�:`•,ti lI'UIC�LStI.011C]'d\Il'O6 UT•.=one72,7,`,F..ng Rep' 73_11FR.cloc % Frtzn CISCO&Associates 1\ Contm Costa Countywide Landscaping District(L L2) SECTION III Zone 73 Micl Year Ani]CYation Fiscal Year 2005-06 PART C PART C ASSESSMENT DISTRICT DIAGRAM The boLindaries of 7onc 73 are completely within the boundaries of Contra Cost l County. The Assessment Diagram for the County-\vidc Landscaping District (LL-2) that incorp0rates -one 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 -7one 73 are those lines and dimensions shown yin 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. Gone 73 encompasses the entire development area for Final Maps 7562, 8900 & 8955 also known as Summer Lake South. lone 73 does not include the existing homesite that was located in the area prior to develol.�ment. This area is located of[ of.Cypress Rodd lust east of the Oakley City limits (a vicinity map.is shown I-x1mv). a " f , •.Ib. d!f1iMk.4 -wCINI AY Ui R The Assessment Diagram is included on the following page. N:`•:SI'n,jci'�s`:.Ci,nn;t'`,l']U(i-0!`,.=onc72,li`'•,I`.n� Ripz7i_I'I_l:.loc 5 Fra.nCISCO&Assoc'iates 3 r ci W K 2 LdO J Q 1 Z a O O U 1 �W N z 1 z — C� o 0 1 0cr-w W N ..N n wL, °v u O z 1 QOJ o o` C� 1 0 Y o W 1 U0w w< a —I 1 Q3z Y 1 Z-Q g = z a 0m� Z Z o v > n LLI / wr N CL m oQZQ m a N H J D (n O a u d 2 ,',1111 I77nL111. �,L1,�,'�TC ' ■■MEN ■ rj� ■ ■ ■ ■ ■ ■ ■ { • 1 `6 a f ■ �...: C. r • L nand Island hn.id Contra Costa CowitywickL indscapingDistrict(I L2) SECTION III Zonc 73.A1id YearAnncvation Fiscal 1 car2005-06 PART D PART D iIMETHOD OF APPORTIONMENT OF ASSESSMENT Part 2 cif Division 1.5 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. inlprOvernents, 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 assesslllellts must be levied according to benefit rattler than according to assessed value. This SCCtioll states: "01c ilct C1111oillit to be assessed itpoll lawls lwitllirl all asscssi7mit district illay I7c apportioned by uri_y formula or method wNcli jclirly distributes the net cnnoiult among(11I assessablc lots orparccls ill proportiotl to thc cstit)iatcd benefit to be received by each shell lot orparccl from the improwtncnts.° "Vic detcrminatiori of lwhethcr or not a lot orpurccl will benefit froth the inlproVenlrRts shall be rllcldc pursucnit to the linprovemcnt Act of 1911 (Division % (connncncirig 11'ith Section 5000))J_of t:hc Strects and Higint,ays Codc,State of Cali forni(1].1. In addition, Article XHID, Section 4(a) of the California C,onstitutiorl 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 arc not considered a tax, and therefore,Lire not governed by Article XI IIA of the California Constitution. The 1972 Act permits the designation of Tones of benefit within any individual assesslllent district if `by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit frons the improvement" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax.' Article X11.1 D provides that publiCly O\VileCl prOpertieS I11LISt be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted frons the assessment \vould be the areas of public streets, public avenues, public lanes, public roads, public drives, pllbliC Courts, public alleys, public easements and rights-of- \vays, public greenbelts and public part.\ways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and illStitUtloilal activities. N:\ Projecrs`•,Cana,\.I7)'06 07\=one72,73\Eng Rep'e73_I'FR.c1oc 10, Francisco&Associates Contra Costa Cocmtyivide LandscapingDistrict(LLZ) SECTION IIi Zonc 73 Mid YcarAnne.yation Fiscal Year 2005-06 PART D LANDSCAPING BENEFIT DETERMINATION Trees, landscaping, hardscaping and appurtenant facilities, if wel.l maintained, provide beautification, shade and enhancement of the desirability of the surroun.d.ings. In Parkways and La..n.d Values,written by John Nolan and I=henry V. Hubbard in 1937,it is stated: "...there is no lack of opinion,lased oil gcncral priticipals awl cycricticc aril conlnion sense,that: parkways do ill fact add Vedic to property, even though the amount caiinot be dctcrtniiicd cractly. indeed, in ifiosi Cases wilcr-cpullic inowy has leen spent forharkwaYs the assuniption has lccii definitely made that t.hc proposed parhwa� Nl will show a provahlc financial profit to the City. It has leen lclicvcd that the establishment of parkways causes a rise in real estate values i hroughout the Cite,or in parts of the City,...° lt- should be noted that the definition of 'parl.«vays" above may include the roaClNvay tis 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 entryNvays into each .-one and as such provide beautification to the entire lone. ASSESSMENT METHODOLOGY The total operation, maintenance and servicing cost for the landscaping facilities are apportioned in accordance -,with the methodology that is consistent Nvith 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 neNv subdivision is evaluated to determine which imp.rownicnts are of a specific and direct benefit to the parcels within the subdivision and then a determination is nnul.e whether to annex them into an existing Zone or.fora, a new Zone. 'file parcels, which benefit from the improvements, are thele 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�l'ould not be eCILlitable. because a single- family parcel would be paying the same ;s a SO-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\-"onc72,73`,Lni;Rep'c7.3 PL-R.doc - Il- FIS?nCISCo&Assocj�itE:s Contra Costa C01717tyty dt'L.andsc•aping District(LL2) SECTION Ill Zone:73 Mid Y earAime-ati0n Fiscal Year 2005-06 PART D Developed Single Family Residential - The developed single fancily parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per Contra Costa County land use code are Assessed one (1.00) EDU. Developed Multiple Residential - The EDUs for land designated as developed multi-fatnily uses Which includes condominiums, mobile homes and apartments are assessed a factor of one- half(0.50) EI:)U per ckN clling unit,c.g., a parcel with a 100-unit apartment would be assessed 70 ED>?s. Based on data from representative cities in Northern California, the niultiplc fa n.ily residcntial factor of. D5011/b is determined by the statistical proportion of relative trip generation from various types of residcntial uses,in conil.-)inatlon with density per unit. Developed Commercial/Industrial, Recreational, Institutional, and OtherMiscellaneous Uses - Developed commercial and industrial properties .include comin.ercial, industrial, recreational, institutional or miscellaneous uses per Contra Costa County land use codes. The parcels arc assessed based upon the acreage of the parcel. I n converting; developed coniniercial/i.ndustrial.properties to EDUs, the factor used Nvas from Contra Costa County's average single fancily 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 inini111L1111 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 fancily residential l.�arccls will[x assessed at 50(1/b of the develol..ed single family rate. Undeveloped. Non-Single Family Residential - Parcels defined as undeveloped non-single fainily residential will be assessed at .509/6 of the developed commercial/Industrial rate. These parcels include undeveloped inulti-family residential., Coinmercial/indust.r.ial, I-CCreational, institutional and other miscellaneous parcels. '.1-hese parcels will he assessed at 0.50 EDUs per acre or any portion thereof,\with a 111I111n1LIM 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,puhlic courts, public alleys, all casements and rights-of-ways, all public parks, cemeteries, greenbelts and parkways and all put)llc school property,other public property,designated open space,and public utilities. N:`•, I'rojecrs`.Contra''Pl'Oci-pi`•,zonc73,71\I ng Rep�73_PLR.doc 12- Francisco&Associ, LLS Contra Costa Countywide LandScgVil 1N5trict(II 2) SECTION Til ',one/.3 AKcI l earAnne ation Fiscal 1'eaI'2005-06 PART D Zone 7.3 (Summerlake South—Oakley Area) Final Map 7562,8900 est 8955 It is anticipated that Zone 73 will consist of 626 single family parcels and 13.40 Acres of Undevelol.�ed non-singlc family residential at build out. Each of the parcels located within this zorne will be assessed an equal share of.the total assessment for this zone. Single family parcels are proposed to be assessed at 1.00 .EDU/parcel and undeveloped non-single family parcels are proposed to be assessed at 050 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 $S56,3s0.89 (FY2005-06 dollars). (626 single family units *1.00 EDU) + (13.40 acres undeveloped non residential * 050 EDU) _ 632.70.EDUs $556,380.89 divided by 632.70 EDUs= $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 m.axullunl assessment rate shown above is in FY 2005-06 dollars. Each year thereafter the maximum assessment rate shown abovE may be increased biked UpOil all allowance for a miniinum of a 2°ii, CPI increase each fiscal year which is based upon the San Francisco Bay.Area All Urban Consumers as of June 2005 (201.20). ti:`._til'rojccts`�.onnaUl'OC0i\.=onc72,73\1;n;Rep\z711_PER.doc 13- Francisco&Assoc iteS C'Ont1'a COSt I Countpvide Landscaping Distrlct(L.L2) SECTION III Zone 73 AKd)'earAn-z2ex ation Fiscal Ycar 2005-06 PART E PART E PROPERTY OWNER LIST&z ASSESSMENT ROLL A list of names and addresses of the mviiers of all parcels, and the description of each lot or parcel within gone 13 is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor, which by reference is made a part of this Report. This list is .keyed to the Assessor's Parcel Numbers as shown on the Assessln.ent Roll, which includes the maximum proposed alnoLlnt 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 Nlasinrtnn Parcel Estimated ;Assessment Number owner Estimated Ultimate L•uu1 Use Acres EDUs Amount 032 370.001 .tihca I Ionics I.iniited Partnership 196 single Family t'nits(Sub 6900) 42.37 196.00 5265,292.64 0.3? 170.1102 Sheat H0111es 1_il1liLCd Partnership 160 Single Family 1 nits(port tiub 8955) 45.26 160.00 521(7,565 42 012-170-001 ,Shea Homes LinliLed Partnership 79 SF 1 knits(port.Sub 5955)*111 Ac school 22 50 8405 5113,764.52 032 370 004 Shell Homes Linlitcd Paralership 53 single Family I'nit.s(porL sub 8955) 1',29 53.1)x1 S71,737.30 (13'_-3!0.6(16 Shca I Ionics hii-tited i'Lianct:ship Levee 0.412 000 S0.00 032-370 009 Shea Homes L1n11LCLI Partnership Levee 0.20 0.0o - 5000 032.3711-1111 Shea I Ionics Limited Partnership Common Arca-Cauoc Club 2.54 1.27 $1,716.99 032.370 013 Shca Honics Linlitcd Pill-lllership Common Arca HOA Daycarc 0.7-6 0.36 5514.34 -- -......_.._.._._. ._....... .. ..... .. .... . .. .. . - - o 32.370.014 Contra COsGx Count\! Conllnunity Park 15.76 ((.illi $0.0o _....----- - -----..__.-..... .._...... ....- .... .. .......- - -- .... ._..----------- 032.370-015 Shea Homes i.imitecl['artnership Levee 19.18 11.011 511,00 - ..... .. ...._... .... . .......... Open --. .. ...... .... . ..... . ...... _.. --._.. ...- ..... 1:132-3711 01.6 Contra Costa 1.Otlnty opal Spacer park .till 11.0(1 1511.110 032 370.017 Shca Homes LinliLCLI 11arLncrsllip Leyce 15.37 0.00 -$0.()0 032-370 015 Shea Homes Linlil-ed 1':u-lnership Common Area H13A(I.Like) 27.x71 0.00 50.00 ._....-..... .. .. . -- ----- ------ - -- 032.370.020 Shea[Ionics Limited Partnership Common Area-1-10A 3.34 0.00 $0.()0 012-370 022 Shea Homes Limited Partnership Common Arra 1-10A 0.20 0.00 150.00 032.380001 Shca 1-10111cs 1_inlited Partnership single Family Home n%a 1.00 51.,353.53 032 380 002 Shca(Ionics Limited Partnership Single F:unily[Ionic 11.it 1.00 51,'53.53 032 380 003 Shea Hunks Limited Pari-leiship Single Family( onc n!a 1.00 1,3-5-35- 3 ..- ............ . 032380-iO4 ScHums Lilcd Irersia Single F. niHue n a 1.00 S1,353.5.) 032 380,0115 Shea I lomes Limited Partnership single Family I tome nra Loci 51,35353 032 390.006 Shea I lomes Limited Partnership Single I-amily I Ionic lira Loo- 51,35353 0.33.3811-007 Shea Homes Limited Partnership Single Family Hone 11,-a 1.00 51,35353 03'.380-008 Shea Homes Linlitcd P.11-Lnership single Family Homc n%a Loci 51,353.53 031380009 Shea I-Ionics i_irnited Partnership single Family Home llyd 1.00 $1,353.5.3 032-380 010 Shea Homes Limited Parulciship Single Family i-Tonlc n!a 1.00 51,353.53 032-380.011 She:x Homes Limited Partnership Single Family Home n':1 100 51,353.53 032 380 012 Shea Homes Limited Partnership Single Family Home lira 1.00 `41,353.53 032-350.013 Shea I tome;Limited Partnership single Family ilonlc lira 1.00 $1,35353 1132.350 014 ,tihca[-Tomes Limited Partnership single Family 1-Iolne n!a 1.00 51,373.53 032-.350.015 tihca IIomes LillliLCCI Partnership Single Family(-Ionic n;:x 1.00 51,3535'3 032.3311.016 Shea I lonics LiMiLed Partnership Single Family Home n/a 1.00 $1,35353 032.380 017 Contra Costa County opetl s ac'erpal-k 0?6 0.00 SUN 033 380-016 Shea Homes Linlitcd Partnership Single Family iiotlle nht 1.00 51,353.53 0.3' 380-019 Shca I-Jollies Linlitcd Partnership Single F:ullily I-ionic n;`a 1.00 51,353.73 lle3 3811 020 Shca Homes L.imitcd Partnership single Family[lone ry,i 1.00 S1,353.53 032-380.021 Shea homes Limited i'artnership Single Family Homc n%a 100 51,353.>3 032-3611.1122 Shea[-Tomes Limited Partnership Single Family Home n/a 1.00 51,35353 \'..$Projccts`Contal'•. Y06 07\.=onc73,73`,EngRep`-.7.3_PER.doc - 14- Fran(Isco&Assod-iCeS Contra Costa Countywide Landscapinh District(LL?) SECTION III ?one 73 Mid Year Annexation Fiscal Year 2005-06 PART E ssessoI's Maximum Parcel Estimated ,assessment Number Owner Estimated Ultimate I_md Use acres FIIUS Amount 012-380 023 Shea Humes Limited Partnership Single 1-alnily Home n,`.t 1.00 51,35353 032-380 024 Shea Homes Limited Partnership Single Family Hume iia 1.00 x;1,353.53 032.180.025 Shea 1 lomes Limited Partnership Single Family Hume Iva, 1.00 51,153.53 012 3811-026 Shea Homes Limited Partnership Singlc Family Home nra 1.00 51,353.53 011-3911-001 Shea I lunges Limited Parmership Single Family Home it LOU 51,353.53 012..390.Oo2 Shea Homes Limited Partnership Singlc Family I Bine n%a LUU ~1,35353 032-390-0113 Shea I tomes i.imitcd Partnership Single Family 1 tome nia 1.00 ~1,+53.53 - ._.....__.... ......_..--- - 032-390 004 Shea Homes 1_InlIccd Partlet'Ship Singlc Falnily Home Il., 1.00 S1,353.53 032-3911-1105 Shca I tomes Limited Partnership Single family I tome lia LUU y1,353.53 1132-390-006 Shea I IOI11eS I.IInILCd Pal'tllet'shtp Singlc Family 1lumc a%a 1.00 '1,353.53 032-190-007 Shca Homes Limited P;u-ulcrship Single Family Hume n'a LUO 51,353.5 3 012 3911-UU8 Shea Homes Limited Partnership Single hatnih 1 Ionic 11' 1.00 ~1,353.53 - - - --.. 012.390-009 Shea I Ionics f_imiLecl Partnership Single Family Home 11 i 1.00 $1,35353 032-390 010 Shea Hailes 1_imitcd Partnership Singlc family Home III 1.00 SI,353.53 012-390-011 Shea glomes limited Partnership SingleFamily Hume nra 1.O0 $3353.53 032.390 012 Shea Homes Limited Partnership Single I amily I lome Ilia 1.110 ~1,353.53 (111.390-013 Shea I lonles Limitcd Partnership Single Family Home n:a 1.00 $1,35,.53 11.32.190-01+ Shea Honles l.inlited Partnership Single Family Home Wit LUO1°53.:53 0.12 390 015 Shea ilam"1_1111ited Partnershill -- Single Fannily Halle - teal 1.00 }1,353.53 -- - - . .....-...-- - 032-390-U 16 Shia I lomes Linlitcd Partnership Single family Ilona n.a LoO 51353.53 033..3911-017 Shca I litmcs Limited Partnership tiinglc Family I Ionic Iva 1.00 ~1,3531 .5, -390-Ill m Shia I toes Limited Partnership Single 171,mily I Ionic 11. LUU 51,353.:3 1�2 ---= - - 012-390 Oft) Shea I lomes Limited Partnership Singlc Family I tonne Ina LUU (?32-1911-0'_U Shca Ifomes Limitec!Partnership Singlc Famih•I tome 11'a L00 51,35.3.:51 012..3911-021 Shea I lomes 1_imited Partner:ship Single Family I lomc Ilia 1.01) 51"'.5 53 032-3911-022 Shea Homes Limitcd Partnership Single Family Home n'a 1.00 51,353.51 032.3911-023 She IIunlcs Limited Partnership Singlc Family Home n:a LOU $13,51.53 032..39p-O'} tihca l-lomes Linnited P.trtnei-ship Single Family 1-lomc 11.;i LOO $1,353.53 032-390-025 Shca glomes Limited Partnership Single Family Home iia 1.00 51353.53 012-390 021(5 Shca i-lomcs Limited Partnership Single l amigo liomc iia 1.00 $1,353.53 032-3 O1 027 Shea Buttes Limited P:rtner:ship Single Family Home nra LUU 51,35353 -.. . .. - ' ..- 032 390-028 Shea lionles Limited Partnership Single Family Home Ilia 1.00 $1,351.53 1112.i90-0?9 'Shca-f lomes i_imitcd Partnership Single Family Iconic• [I.it LUO $1353.53 0.12-NO 030 Shca I lines Limited Partnership Singlc Falnih l fenlle Ila 1.(10 51.35353 032 390 011 ,heal HOlnes i.imiLed Partnership Single 13mlly I longe n.:1 1.00 X1,353.53 012 390 012 Shea 1-tomes L.inlitCd Partnership Single l anvil Home iia 100 51 i i 51 - ... . ...._--- -- - 032-390.(133 Shea liunxs 1.1Mill'i1 Parulership Single F:nr.ih I Ionic nht LUO 032-390 034 Shea Homes Limited 1':u-ulelship Single Family Home nra LOU 51,15351 03?.1y11 U.3i Shea Honks Limited Partnership Single F:uny Hmnra iloe 1.00 $1.353.53 --- ... - - 032 390 036 Slica Humes Limited Partnership Singlc Family Houle iia 1.00 ~1,153.53 ---- ---------..........- --........ .. ... -- OQ 190-037 Shea Homes Limited Partnership Single Fanlil% I force nra LUU w1353.53 012-390 1138 Shea homes Limited Partnership single Family glome n%a 1.00 11,351 51 1132-19(1-039 Sllca I lomes Limited Partnership Single Family I lomc 11.it 1.00 ~1,,51.53 - -.... - - 032-390 040 Shea Homes Limited Partnership Singlc Family Home Ilia 1.110 51,3,353 012-190.0-}1 Shia Homes Limitcd Partnership Single Family Home nra 1.00 $1,153.:53 -6372 39110-+2 Sheat 1-iomcs Limitcd Partnership Single Family Home iia 1.00 012 3911-0 3 Shea glomes Limited 1':rrnership Single 1:unit)•130me n%a 1.00 51,353 53 1131..390 -H tihea I Iumcs I_imILid Patuursirip Singlc Family Llumc Ilia LUU $1,353.53 032-390 0=55 Shea I Banes Limited 1'articrship Singlc family I lona n%a 1.00 51,353.53 Uig-,90.0+6 Shea Homes I_imitrd 'al-tnership Singlc Famil} Home n-a LOU $1,351.53 ----- - - -..._...... -- 11.12 3911-047 Shea Humes Limited Partnership Singlc Family I lome nia 1.00 $1,3:)1.53 1132-WO 048 Shea Hunks Linlitcd Partnership Single I:uglily I lomi nra 1.00 '>1,351.53 032-390 049 Shea Voiles I.iinaccl Partnership Single Family I fomc n;';t LOU 51,35,.53 011 390 050 Shea Homes Limitcd Partnership Single Family Home I1r:1 LUO 51353.53 )12-390 051 ,tihca I-tomes Limited Partnership Single Family I lomc Ma 1.110 $1,353.53 1132..,90-05'_ Sheat Humes i..imited P:ridership Singlc Fancily Home n;a 1.00 $1,353.53 012.390 053 Shea Homes i.imited Partnershiptiinglc•Family Home nra 100 $1,353.53 012 390 054 Shca Home's LltniteCl Partnership Single Family I k ne Iva 1.1111 ~1,+53.53 N:\S.Projccts'•,Cunta\j7YO60,\Zonc72,73`•.f_ngRcp`c7.3-I'ER.doc -h Francisco&Assoc]ates Contra Costa Countywide Landscaping District(LL2) SECTION III Zonc 73 Mid.Year Anne atlon Fiscal 1car2005--06 PART E Assessor's Maximum Parcel Estimated Assessment Number (Avner L•stinlatccl Ultimate land Use Acres FDUs Amount 03'_-390.055 Shea Homes Limited Partnership Single Family llome tva 1.00 $1,353.53 037.-390.096 Shea Homes Limited Partnership Single Family Home n.ra Loo $1,35.3.5.3 032-390-05; Shea Homes i.imited Partnership Single Family Homc n/a 100 $I,5.5;.9.; 032-390 Oi8 Shca f lonles Limited Partnership Single Family Home n:a 1.00 51,0.1.5; 03'-390.059 Shca Homes Litllitcd Partnership Single Family I tome iia 1.00 $1353.:13 O3_'-3t O 5160 Shca Homes Limited Parnlership Single Family Homc -- --- n-a 1 00 51,;53.53 11.32.340 061 Shea Homes Limited Partnership Single Family Home 11 it 1.00 $1,i535i 1132-.;t40 062 tihca home.,i.imirecl Partnership Single Family Home nra 1.00 $I,1.5 53 03' 590.06; Shca Ilnmes Limited patncrship Single Family Home nhi LOCI $Ulii.5i 032-;9006 4 Shea Homes Limited Partnership Single Family Hoene na Licit $1,;53 i; 032-3t4O.065 Shea Hames Limited Partnership Single Faimly Home nra 1.00 $1,.35.3.53 0;'.:;90 066 Shea Homes Limited Partnership Single Family Home nht 1.00 ';1,;51.53 0.12 3600-6-7 tilt,HOITICs Lilnited partnership Single Family Ilomc nra 1.00 $1,;5353 03' ;9it-068 Shca Homes Limited Partnership Single Family i lomc iv'a 100 $1,3353.5; 032-390-069 Shca Homcs I_inuted Partnership Single Family Home nra 1.00 $1,35.3.i3 Oil Wo 070 Shea Homes Limited Partnership Single Family I Tome It'a 1 00 til,151.5; it>2.390 5171 Shca Homes Limited Partnership Single Family Home iia 1.00 AI,353.53 I32-590-iti'_ Shca Homes Limited Partnership Single Family l-lome rya 1 00 1,)i.3 5.; U32 1'90 i? ; Shea Homes Limited fart ni r5lup Single Family Home n'a Liti $I,;i i i; - - - -...- U32 190 07-1 Shca ITotncs T.imircd Partnership Single Fmnil%Hone 11'a I.0O $1,3 i 53 032-;90 075 Shea Hon1Cs Limited I'.rutClship Single Family Horn• n.a 100 $1,353.51 0Q-it)()076 Shea f lon,es Limited Partnership Single Family Home u•ya Licit $1,355 13 it.Q.)QC)O;r Shca ITon1Cs Limited Parulecship Single Family Houle a'a 1.00 51,353 5; OQ i9it orb Shea Monies Limited Partnership Single Family Homc n ].00 $1,351.53 032.390.117() Shea Homes Limited Partnership Single Family Home 11;..a 100 ~1,;53.5; 032.390-080 Shea Hames Limited Partnership P111111)Station 006 000 $1100 012 400 001 .Shea Homcs linuted Partnership Single Family Home It 1.00 $1,;53 ii --- ----...__..... ............... -........_. 0;2-400 00' Shea Homcs Limited Partnership Single Family Home nja 1.00 $1,35.;53 Oil 400 00i Shea IionlCS 1-ilnite•d Partnership Single Family lionlc nra LOo 51,353.53 Ml-100 004 Shea Ilome5 Limited Partnership Single Family Home nra 100 51,353.5.3 03'-100-00:1 Shea Homes Limited Partnership Single Family Home n(a LOT. $1,553.53 0;.'.--{00 006 Shea Homes Limited Parunership Single Family Homc n%a 1.00 S13515 ----.....-._.._..._..... '51;2--lill!007 She1 Homcs I_itnited i';n-nu•rship Single Family I-lame n%a 100 0.11' 100 5108 Shca i olnes limited i'a tncrship single Tamil Home- 11.1 100 $1,351 i i 0.32--400 009 Shea H0111CS 1_I111ilell P,11'UM'Ship Single Family Home 11 a 1 UU $1,353.53 0;2 •100 010 Shea Homcs Limited Partnership Single Family Homc n/a LOO 51,353.53 T)32-100.011 Shu Homes Limited Partnership Single Family Home nra LOO $I,ii;ii 00-100.012 Shea I fomes Limited Partnership Single Family I ionic n-a 100 $L,353 i3 3'_-}i1O 01.3 Sicca Flames i_itnitecd Parnlership Single P:unily llnmr n a 1.00ti1.353 5l 03'-+00-01-4 Shea Homes Lilnitel partnership Single Family Home n%a 1.00 $1.353.53 052-400-015 Shca Homes Limited Partnership Single Family Home n%a ---1.00 51,153 53 03'_400 016 Shca homes Limited P.ArtrCrship Single Family liamc nyya 1.00 ~1,35353 o12 400 617 Shea Homes i.imited Partnership Single Family Holme 11%a 100 51,35;.53 400 018 Shca Homcs Limited Partnership Single Family Home n'a LOU $135.3.5i 032--100 019 Shia HOme.ti Limited Partnership Single Family Homc nra 1.00 -~1,553 i3 037-400-020 Shea Monies Limited Partnership Single F,unily Home n'a 1.00 Sl" 3..53 - --.. ... ........ ..----- - --._...... -- O;'_ -Blit-O'1 tihca I lonlcs Limited Partnership Single Family Holme n-":t 1 OO $1,3535.5 037--IOU-O'2 Shea homes Limited Partnership Single Family Home rya 100 $1,35.3.53 052-400 02; Shea Homes Limited partnership Single Firmly home n{a 1 00 $1,35355 032,-1510 01 1 Shea ITomes I.inlitcd Pal-unci-Ship Single Family Home Na Loo $1,353.53 ii32 -100 025 Shea ITomc.s i_inlited Partnership Single Family I lame nil 1.00 51,353.5; oi_-100 it'6 Shca I-lanlcs Linnitcd Parulcrship Single Family Home ria 1.00 51,35.3 53 032 plait-0'7 Slue homes Limited Partnership Singly I:rltily 1 ionn• 11 LOi? $I,i5.i.5t 032 400 626' Shea Homes Limited Partnership Single Family home a-a l.0)0 51,353.53 0;2 400.019 Sheol Homes Limited Partnership Single Family home n!a 100 $1,353.53 03'--400 030 Shea Homes LilllitCtl l'arulership Single Family Home III Ll 100 $1,35353 Oil-400.01I Shea I omcs Limited Partnership Single Family Home n'a 1.00 51,353.53 012-400-u32 Shca Homcs UIDACll PaUllerShlll Single Family Home ima 100- -- ~1,;5;53 oil 400-033 Sher Homes I-invited Parulershil Single Family Home n'a 1 0o $1,;51:53 Ili_' -4it0 1134 tihea I FoLimiI' hip Single Family Homc nra 1.110----- $1-,3:13 53 ----------h ---..._..mes.. . ted :artnc•tsam 052�{U0-035 Shea ponies limited Partnership Open Spaccrlamdscaping 0.10 O(ill $000 632.70 $376,380.89 :`.:51'r,?jtrrs`..Contr.r•,F]'U6 0!'=onti2,713`•,Lng Rep`•- 3-PER.doe 16- Francisco&Assoclares EXHIBIT B NOTICE OF ASSESSMENT 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 FOR 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 within 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 (ED[1). Multi-family parcels are assigned 0.50 EDtJs per unit. Commercial, industrial and institutional parcels 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 'F 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) C:`.Ducmnents and Settinu`;sgospodc�.Loc:d Settings\Tempory_v Internet Pi1es%.01.621,, t_nuiic,_o1(,ec).doc AMOUNT OF PROPOSED ASSESSMENT A. Total Zone Assessment The total FY 2005-06 annual assessment for Zone No. 73 is$12,654.00. B. Tndividual Assessment The total FY 2005-06 annual assessment for your parcel(s) described above will be$12,654.00. C. Maximum Assessment Rate The maximum annual assessment that could 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 (FY2005-06 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 other inflationary costs. PROCEDURES FOR COMPLETING THE BALLOT Accompanying this notice is a ballot, along 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 owner's support for or opposition to the proposed assessment. For your ballot to be counted, you must clearly marl: the appropriate box, signs 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 .Lor 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 hold 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, located 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, 2006. 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'.`•dJocuments and Sett ings\5gospode'•Lucal Settings\Tempor:uy Internet piles'AI.K217.73 nut ice.0 I(rev).doc EXHIBIT C SAMPLE BALLOT ........... ..k:::.s:...: ...... x OFFICIAL PROPERTY OWNEWBALLOT ° ° CONTRA COSTA COUNT'LANDSCAPE:& LIGHTING DISTRICT r . . . , BENEFIT- 73—SUMMERLAK SOUTH . .... M .......... u ❑ Yes, .I. SUPPORT the forrnat.ion of l3enefit. %orte 73 — Srrrninerlake South into the Countvwide Landscape & Lighting Assessment. Dist.riet and agree to the rnaxinimn annual assessrrrent rate of $1..353.53 per Equivalent. Dwelling Unit, which includes an allowance for annual increases due to the change Irl die Consumer Price. Index increase (nrinimunr of 2%). ❑ No, 1. OPPOSE die forrnat.ion of Benefit. /,one 73— Surnrnerlalce South into the C01111t�rwide Linidse.ipe & Lighting Assessment. Dist.ricl. and do not agree to the annual assessment: rage of $1.353.53 lea• I,quivatent. Dwelling Unit. Property Owner Name(s): Shea Homes Limited Partnership.Attn:Jeff Shetterly Property .Address or Description: Subdivision(s) 7562, 8900 & 8955 (626 single family units & 13.4 acres of non-residential) — Sum.mmerlake off of Cypress Road 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 1 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 Narne of Property Owner/llepresentative 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 he received prior to the conclusion of the public input portion of the Public Hearing, which will he 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. Q\Docunu;nts and Setti11gs\srecd\Loca1 Settings\Temporan� Internet Fi1es\0LK62\z73_ha11ot_01(rev)(2).doc F- .. 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 '1711E .FO.L.LONVING e-mail contains pertinent information, please read it carefully in its entirety. Good Afternoon. If you have any questions regarding thelegal notice confirmed below. please reference the leg-al number proyided._ Please only e-mail tq.cetlegals(d cctimes.com regarding Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices. LEGAL. SCHEDULE CONFIRMATION TYPE: In-Colunm liner. Classified Section LEGAL N1.;17..B.EI1: 5061 PO#: 1 138 Publication: CCT Run Date(s): 04/15 Legal Acct#: 200 4197 Total Amount: $84.00 REVISIONS/CANCELLATIONS: I will need a cancellation requestreferencina the legal number—or all changes attached in a final draft Microsoft Word Document —e-mailed to ectleaals(iPectimes.com by no later than 8 AM, -1.'hurs., 04/13. Otherwise. the legal will publisll as You e-mailed. Thanks' Anashia Lloyd Legal Advertising Coordinator (925) 943-5019 (925) 943-8359 — fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals`�)cctimes.com EShar((?cob.cccountyAIS wrote: Dear Anashia, Please publish the above NOTICE OF PUBLIC; HEAR_I.NG on your CONTRA COSTA - .• _:��= LEGAL PUBLICATION REQUISTION r1- Ilk <<� 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- r EMY L. SHARP Date: MARCH 07, 2006 Requested by: - � Phone No:- 925-335-1903 Reference No:- Org: 'Sub Object: ..2.190 Task: SAS Activity: Publication Date (s): APRIL 15, 2006 No. of Pages: (2) LEGAL PUBLICATION_ NOTICE OF A PUBLIC HEARING FOR LL-2 ZONE :73 OAKLEY AREA "E-MAIL!' ••eolmmedistely upon expiration ofpublication.••••t.-— — send in one affidavit for each publication in order that the auditor may be authorized to pay your bill_ w Authorized Signat Please confirm date of publication & receipt of this fax. PUBLIC WORKS DEPARTMENT CONTRA COSTA COt�NTY 255 Glacier Drive, Martinez, California 94.553-4897 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, 2.55 Glacier Drive, Martinez, California. 1. 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 CU LLEN. Clerk of the Board of Supervisors and County Administrator .By EMY L. SHARP Deputy PUBLICATION DATES: April 15, 2006 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Cleric, Cleric of the Board eshar2cob.co.contra-costa.ca.us FROM: Eileen Doten 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 tvpe below this line—Publication language on following page