HomeMy WebLinkAboutMINUTES - 03182008 - C.27 SE,L S
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
Costa
x
DATE: March 18 2008 County
r'� COUt3'
SUBJECT: ADOPT Resolution No. 2008/w for Subdivision 05-8967, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds) (District II) Project No.: 4500-6X5244
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&:BACKGROUND AND JUSTIFICATION
Recommended Action:
ADOPT Resolution No. 2008I/v initiating proceedings to annex territory into Countywide Landscaping District
1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Annexation Preliminary Engineer's Report (Zone 75)
Fiscal Year 2007/2008, Subdivision 05-8967 and one commercial parcel; declaring the intent to annex territory
into LL-2; authorizing noticing to the affected property owners and fixing a public hearing for May 13, 2008.
FIX a Public Hearing for May 13, 2008 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.
DIRECT the Public Works Director, or designee, 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.
Continued on Attachment:X SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
—RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
7L��.SIGNATURE(S): �JJg�
ACTION OF$O ON 0?, /lg/®4 APPROVED AS RECOMMENDED OTHER
VOjE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT:— ABSTAIN:
Jw:ab
G:\SpDist\CSA L-100\Annexations\Forms\Board Reso(Fixing)-Form.doc
Orig.Div:Public Works(Special Districts)
Contact: Warren Lai(313-2180)
cc: County Administrator I hereby certify that this is a true and correct copy of an
Assessor action taken and entered on the minutes of the Board of
Auditor-Controller
County Counsel Supervisors on the date shown.
Francisco&Associates,130 Market Place,Suite 160,San Ramon,CA 94583 Q
ATTESTED: h e o t� _
JOHN CULLEN,Clerk of the doard of Supervisors and
County Admini or
By
Deputy
SUBJECT: ADOPT Resolution No. 2008/ 10-" for Subdivision 05-8967, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds) (District II) Project No.: 4500-6X5244
DATE: March 18, 2008
PAGE: 2 of 2
Fiscal Impact:
There is no impact to the County General Fund. All costs will be covered with revenue from Countywide
Landscaping District 1979-3 (LL-2) Zone 75.
Reasons for Recommendations and Background:
The developers of Subdivision 05-8967 are required as a Condition of Approval for their development to form a
new Zone or annex to one of the existing Zones of the Countywide Landscaping District 1979-3 (LL-2) for
future maintenance of public landscaping improvements which may include; median islands, border strips
fronting public roads, parks, trails and pedestrian paths. In addition, the adjacent commercial parcel 159-230-
006 will also benefit from the Zone 75 improvements. The 0.96 acre commercial parcel will be developed into
a church and Subdivision 05-8967 will be developed into an 89 unit residential project located adjacent to the
existing Zone 75. These projects will contain improvements similar in nature to what already exists in Zone 75.
Therefore it is recommended that the commercial parcel and Subdivision 05-8967 be annexed into Zone 75
rather than form a new landscaping zone of benefit.
The Landscaping and Lighting Act of 1972 requires that an Engineer's Report be prepared when annexing
territory into an existing assessment district. The Engineer's Report describes the improvements to be operated
and maintained within each benefit zone, identifies the modified boundaries and parcels located within each
benefit zone, establishes a budget and maximum assessment rate for each parcel within each benefit zone and
lists each individual parcel's assessment. The Act also requires that a public hearing be held to determine if
there is sufficient property owner support to annex the territory into LL-2. The Engineer's Report attached as
Appendix A to this Board Order will annex the new territory/development projects into the existing benefit
zones that were formed with previous Board actions.
Proposition No. 218 requires all new assessments receive voter approval, by property owner, prior to final
approval from the Board of Supervisors. The adoption of this resolution will trigger the minimum 45-day
noticing and balloting period and mailing of these notices and ballots to the affected property owners.
Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for development of the commercial
parcel and Subdivision 05-8967, therefore an alternative means to finance public right-of-way landscaping
would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 18, 2,008 by the following vote:
AYES: GIOIA, UILKEMA, BONILLA, and GLOVER
NOES: None
ABSENT: PIEPHO
ABSTAIN: None
QRESOLUTION NO. 2008/
SUBJECT: ADOPT Resolution No. 2008/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967 and one commercial
parcel; declaring the intent to annex territory into LL-2; authorizing noticing to the affected
property owners and fixing a public hearing for May 13, 2008, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds)(District 2) Project No.: 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Vesting Tentative Map 05-8967 (the "Development").
2. On February 6, 2007, the applicant for Subdivision 05-8967 submitted a request to the Department of
Public Works for inclusion of,Subdivision 05-8967 into Countywide Landscape District 1979-3 (LL-2)
Zone 75. The County intends to initiate proceedings to annex the subdivision into LL-2 Zone 75
pursuant to that request.
3. Section 22607 of the California Streets and Highways Code provides that the annexation of territory
into an existing assessment district be conducted in accordance with the same procedures as the
formation of a new assessment district.
4. Section 22585 of the California Streets and Highways Code requires the Board to adopt a resolution
initiating the proceedings for the annexation of territory into a Countywide Landscape District 1979-3
(LL-2) Zone 75, and further requires that the Board order the preparation and filing of an Engineer's
Report with the Clerk of the Board.
5. Section 22586 of the California Streets and Highways Code requires the Board to approve the
Engineer's Report annexing territory into Countywide Landscape District 1979-3 (LL-2) Zone 75 either
as filed or as modified.
JW:ab
G:\SpDist\CSA L-100\Annexations\Forms\Board Reso(Fixing)-Form doc
Orig.Div: Public Works(Special Districts)
Contact: Warren Lai (313-2180)
cc: Comity Administrator I hereby certify that this is a true and correct copy of an action
Assessor taken and entered on the minutes of the Board of Supervisors on
Auditor-Controller
the date Shown.
Comity Counsel
Francisco&Associates,130 Market Place,Suite 160,San Ramon,CA 94583 �y �J
ATTESTED: 0-3 A
JOHN CULLEN, Clerk of fhe Board of Supervisors and County
Administrat
r
By Deputy
RESOLUTION NO. 2008/ 1��1
SUBJECT: ADOPT Resolution No. 2008/192 initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967 and one commercial
parcel; declaring the intent to annex territory into LL-2; authorizing noticing to the affected
property owners and fixing a public hearing for May 13, 2008, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds) (District II) Project No.: 4500-6X5244
DATE: March 18, 2008
PAGE: 2 of 3
6. Section 22587 of the California Streets and Highways Code requires the Board to adopt a resolution
declaring the intention to order the annexation of territory into Countywide Landscaping District 1979-3
(LL-2), to fix a public.hearing regarding the annexation of territory into LL-2.
7. Section 22588 of the California Streets and Highways Code requires the Board to comply with the
notice, protest, and hearing procedures in Section 53753 of the Government Code.
NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS:
1. Pursuant to Section 22585 of the California Streets and Highways Code, the Board initiates the
annexation of territory into a Countywide Landscape District 1979-3 (LL-2) Zone 75, and further
requires that the Board order the preparation and filing of an Engineer's Report with the Clerk of the
Board.
2. The improvements to be made within LL-2 are generally described as the operation, maintenance and
servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial
and collector streets and within other public areas as referenced in the Mid Year Annexation
Preliminary Engineer's Report for the Fiscal Year 2007/08 on file with the Public Works Director.
3. Pursuant to Section 22586 of the California Streets and Highways Code, the Board accepts the Mid Year
Annexation Preliminary Engineer's Report (Exhibit A) annexing territory into Countywide Landscape
District 1979-3 (LL-2) Zone 75. This report contains a full and detailed description of the
improvements, the boundaries of the assessment district and the proposed assessments upon assessable
lots and parcels of land within the assessment district.
4. Based upon its review of the Mid Year Annexation Preliminary Engineers Report, the Board finds that:
(a) The special benefit financed by the assessments will directly benefit the parcels within each of
the zones.
(b) The cost of the proposed assessments within each zone is proportional to the benefits that the
special benefit will confer on each parcel.
RESOLUTION NO.2008/ �-
SUBJECT: ADOPT Resolution No. 2008/162- initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967; declaring the intent to
annex territory into LL-2; authorizing noticing to the affected property owners and fixing a public
hearing for May 13, 2008, Pacheco area. (Countywide Lighting and Landscaping District (LL-2)
Funds) (District II) Project No.: 4500-6X5244
DATE: March 18, 2008
PAGE: 3 of 3
5. Pursuant to Section 22587 of the California Streets and Highways Code, the Board declares the intention
to order the annexation of territory into Countywide Landscaping District 1979-3 (LL-2) Zone 75.
6. Pursuant to Section 22588 of the California Streets and Highways Code 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, or their designee to mail the written
notice of the Hearing (the "Ballot Notice") and ballots to each of the record owners of each parcel
within the developments.
7. The Board will conduct a public hearing (the "Hearing") on March 18, 2008 at 9:30 a.m. in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
8. At the Hearing, the Board shall, consider any objections or protests to the Assessment. Immediately
after the Hearing, the Public Works Department shall tabulate the ballots and certify the tabulation of
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.
9. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Mid Year
2007/2008 Engineer's Report; levies the assessment in 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 Annexation Report for the Assessment; confirms the
Annexation Report; and levies the Assessment for the Fiscal Year referred to in the Engineer's Report.
RESOLUTION NO.2008/ ��
•
e{
0
PRELIMINARY
ENGINEER'S REPORT
CONTRA COSTA
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
Zone 75 - Belmont Terrace
Mid. Year Annexation
Fiscal Year 2007-08
r
PEpared for.
Contra Costa County
Prepared by
Francisco&r Associates,Inc.
130 Market Place,Suite 160
San Ramon,CA 94583
March 18, 2008
Contra Costa Countywide Landscaping District(LL2)
Zone75Mid Year Annexation.Fiscal Year2007-08 TABLE OF CONTENTS
Page No.
Contra Costa County Board of Supervisors and County Staff..................................................ii
Certificates.............................................................................................................................................m
SECTIONI-Introduction ..................................................................................................................1
SECTION II- Impacts of Proposition 218........................................................................................2
SECTION III-Engineer's Report......................................................................................................3
PART A-Plans and Specifications......................................................................................5
Table 1-Existing Improvements (Zone 75)..................................................5
Table 2-Proposed Additional Improvements (Zone 75)..........................5
PARTB-Estimate of Cost.....................................................................................................7
Table 3-Total Estimated Cost at Build-out (Zone 75)..............................7
PARTC-Assessment Diagram............................................................................................9
PART D- Method of Apportionment of Assessment....................................................11
PART E-Property Owner List&Assessment Roll......................................................15
Table 4 -Assessment Roll (Zone 75).............................................................15
- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone 75Mid Year Annexation Fiscal Year2007-08 BOARD &t COUNTY STAFF
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
Federal D. Glover
Chair
District No.5
John M. Gioia Gayle B. Uilkema
Board Member District No. l Board Member District No. 2
Mary N. Piepho Susan Bonilla
Board Member District No. 3 Board Member District No. 4
COUNTY STAFF
Maurice Shiu
Public Works Director
Silvano Marchesi John Cullen
County Counsel Clerk of the Board of Supervisors
Warren Lai
Special Districts
Francisco&Associates
Assessment Engineer
��- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone 75 Mid Year Annexation.Fiscal Year 2007-08 CERTIFICATES
ENGINEER'S REPORT
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08
The undersigned, acting of behalf of Contra Costa County, respectfully submits the enclosed
Engineer's Report as directed by the Contra Costa County Board of Supervisors pursuant to the
provisions of Article XIIID, Section 4 of the California Constitution, provisions of the
Landscaping and Lighting Act of 1972, and Section 22500 et seq of the California Streets and
Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the
State of California.
Dated: g o By:
Warren Lai
Senior Engineer
RCE No. C61737,Expiration June 30,2009
1 HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
and Assessment Diagram thereto attached was filed with me on the—le day of�,2008.
John Cullen,Clerk of the
Board of Supervisors
Contra Costa County,California i
By:
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
and Assessment Diagram thereto attached was approved and confirmed by the Board of
Supervisors of Contra Costa County,California,on the 101day of Adat1lte,2008.
John Cullen,Clerk of the
Board of Supervisors
Cont Costa County,California
y_
�u- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION I
Zone 75 Mid Year Annexation Fiscal Year 2007-08 INTRODUCTION
SECTION I
INTRODUCTION
ENGINEER'S REPORT
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08
Background Information
To ensure the proper flow of funds for the ongoing operation, maintenance and servicing of
specific improvements within the boundaries of Contra Costa County,the Board of Supervisors,
through the Landscaping and Lighting Act of 1972,has previously approved the formation of the
Countywide Landscaping District (LL-2) or"District". Improvements that may be constructed,
operated,maintained and serviced by the District include:
Landscaping, irrigation, lighting (not street lighting except in special cases),park and recreational
facilities,and appurtenant facilities including but not limited to;personnel,electrical 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 FY2007-08,it is anticipated that additional territory will be annexed into Zone 75.
This annexation will need property owner approval prior to final approval from the Board of
Supervisors. This process is discussed in Section II;`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 75, (2) an
estimated build out budget for Zone 75, and (3) a listing of the proposed maximum assessments
to be levied upon each assessable lot or parcel within Zone 75.
The Contra Costa Board of Supervisors will hold a Public Hearing, May 13, 2008, regarding the
annexation of additional territory into Zone 75. This hearing will provide an opportunity for
any interested person to be heard. At the conclusion of the Public Hearing, if the assessment
ballot tabulation is favorable, the Contra Costa County Board of Supervisors may adopt a
resolution confirming the proposed annexation and setting the maximum assessment rates as
originally proposed or as modified within Zone 75.
Payment of these annual assessments for each parcel will be made in the same manner and at the
same time as payments are made for their annual property taxes. All funds collected through the
assessments will be placed in a.special fund and used for the purposes stated within this Report.
A- Francisco&Associates
Contra Costa Countywide LandscapingDistrict(LL2) SECTION II
Zone 75Mid YearAnnexation.Fiscal Year 2007-08 PROPOSITION 218
SECTION II
IIViPACTS OF PROPOSITION 218
ENGINEER'S REPORT
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08
On November 5, 1996 California voters approved Proposition 218 entitled "Right to Vote on
Taxes Act" which added Articles XIIIC and XIIID to the California Constitution. While its
title refers only to taxes, Proposition 218 establishes new procedural requirements for the
formation and administration of assessment districts.
These new procedures stipulate that even if assessments are initially exempt from Proposition
218, future increases in assessments must comply with the provisions of Proposition 218.
However, if the increase in assessment were anticipated in the assessment formula (e.g.'
Consumer Price Index (CPI) increase or assessment cap) then the County would not need to
comply with the provisions of Proposition 218.
For Mid Year FY2007-08, it is anticipated that additional territory will be annexed into Zone
75. In order to comply with the requirements of Proposition 218, the County will implement
the following procedures:
1) Every property owner within the area being annexed will be mailed a ballot,
which will allow the property owner to cast their vote on whether to be annexed
into Zone 75. 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 May 13, 2008, the ballots, which are
returned prior to the close of the public input portion of the public hearing, will
be tabulated to determine whether or not a majority protest against the proposed
annexation and:Levy of assessment for Zone 75.
3) The ballots will be weighted based upon each parcel's proportionate maximum
assessment amount 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 annexation and maximum assessment rate.
-2- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75M-id Year Annexation.Fiscal Year 2007-08 ENGINEER'S REPORT
SECTION III
ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972
SECTIONS 22500 THROUGH 22679
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California,
and in accordance with the Resolution of Intention, being Resolution No. , adopted
March 18, 2008 by the Board of Supervisors of Contra Costa County, State of California, in
connection with the proceedings for:
CONTRA COSTA COUNTY
COUNTYWIDE LANDSCAPING DISTRICT(LL-2)
MID YEAR FISCAL YEAR 2007-08 .
Herein after referred to as "Zone 75", I, Warren Lai, P.E., the duly appointed ENGINEER OF
WORK,submit herewith this "Report" consisting of five(5)parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements in Zone 75. Plans and specifications for the
improvements are 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,and is 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 75 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.
-3- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation i7iscal Year 2007-08 ENGINEER'S REPORT
PART E: PROPERTY OWNER LIST&z 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 parcels within Zone 75. 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.
4- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75Mid Year Annexation Fiscal Year 2007-08 PART A
PART A
PLANS AND SPECIFICATIONS
The facilities, which have been constructed within Zone 75, and those which may be
subsequently constructed, will be operated, maintained and serviced as generally described as
follows:
The construction,operation,maintenance and servicing of landscaping,irrigation,lighting(not street
lighting except in special cases),park and recreational facilities,and appurtenant facilities including
but not limited to;personnel,electrical energy,utilities such as water,materials,contractual services,
and other items necessary for the operation of these services and facilities described below:
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 75.
Specialty Lighting
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 75.
Table No. 1 below shows a detailed description of the improvements that are currently operated,
maintained and serviced within Zone 75.
Table No. I - Zone 75 (Belmont Terrace—Pacheco Area) Tract 8984
• Landscaping, irrigation and related improvements located within the public right-of-
way along the south side of Pacheco Boulevard frontage from Falling Star Drive to Little
Valley Road (As of Fiscal Year 2007-08 this is maintained by the Homeowner's
Association,if the Homeowners Association fails to maintain the landscaping to County
standards then the County will step in an maintain the area and collect the assessments
for the landscaping).
-5- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation.Fiscal Year 2007-08 PART A
Table No. 2 below shows a detailed description of the improvements that are planned to be
annexed,operated,maintained and serviced within Zone 75.
Table No. 2 - Zone 75 (Field Bodhaine Courtyard Homes —Pacheco Area) Subdivision 8967
and Adjacent Commercial Parcel(APN 159-230-006
• Landscaping, irrigation and related improvements located within the public right-of-
way along the north side of Pacheco Boulevard frontage fronting subdivision 8967 (it is
anticipated that these landscaping improvements will be maintained by the
Homeowner's Association, if the Homeowners Association fails to maintain the
landscaping to County standards then the County will step in an maintain the area and
collect the assessments.for the landscaping).
*Please Note: There are parks and landscaping located in the interior of Subdivisions 8967 and
8984 which are planned to be owned and maintained by a Homeowners Association and
therefore not the responsibility of LL2.
6- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation.Fiscal Year 2007-08 PART B
PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of construction, operation, and maintenance and
servicing of the public landscaping, lighting (not street lighting except in special cases), parks,
trails and open space facilities, etc. can be recovered by each Zone. Incidental expenses
including administration of the Zone, engineering fees, legal fees and all other costs associated
with the construction, operation and maintenance and servicing of the Zone can also be
included.
For the new territory being annexed into Zone 75 is not anticipated to have any expenditures
incurred for Fiscal Year 2007-08, therefore no money will need to be collected. Table 3 below
shows the total maintenance and operations budget upon completion of all improvements
within Zone 75. This information has been provided by Contra Costa County Public Works
Staff.
Table No. 3 - Zone 75 - Subdivisions 8967 & 8984 and Adjacent Commercial Parcel (APN 159-
230-006)
TABLE 3:TOTAL]ESTIMATED COST AT BUILDOUT(IN FY2007-08 DOLLARS)
Countywide Landscaping District(LL-2)-Zone 75
Belmont Terrace(Sub 8984&t Subd.8967)&r Adjacent Comercial Parcel(APN 159-230-006)
Total
Operation&t Maintenance Quantity Cost/Unit Cost
Pacheco Blvd Frontage 3.5'x 1,682' 0.14 Acre $20,000.00/Acre $2,702.94
Utilities 12 Months $450.00/Month $5,400.00
Vanadlism&Incidentals $5,000.00
Subtotal $13,102.94
TOTAL ALL MAINTENANCE: $13,102.94
Incidental Costs
Assessment Engineering $3,000.00
Assesment Collection Fees $500.00
County Administration $10,000.00
TOTAL ALL INCIDENTALS: $13,500.00
Reserve Funds
Operating Reserve Fund(50%) $13,301.47
Capital Reserve Fund(20%) $2,620.59
TOTAL ALL RESERVES: $15,922.06
Total Annual Estimated Cost $42,525.00
CPI
Info.
Date Actual CPI Increase Rate
Jun-06 209.10 $254.11
Feb-07 213.70 2.20% $259.70
Subdivision-Landusg Total Units EDU Rate No.of EDU's Rate per EDU Assmt Revenue
8984 Lots-Courtyard 128 0.75 96.00 $24,931.20
8967 Lots-Courtyard 89 0.75 66.75 $17,334.98
Commercial 1 1.00 1.00 $259.70
218 163.75 $259.70 $42,525.88
7- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75Mid Year Annexation Fiscal Year2007-08 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.
s- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation Fiscal Year 2007-08 PART C
PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of Zone 75 are completely within the boundaries of Contra Costa County. The
Assessment Diagram for the Countywide Landscaping District (LL-2) that incorporates Zone 75
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 75 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 75 encompasses the entire development area located within Subdivisions 8967& 8984 and
adjacent Commercial Parcel(APN 159-230-006).
These areas are located in the Martinez area, off of Pacheco Boulevard just west of Freeway 680
and North of Highway 4 (vicinity maps are shown below).
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VICINITY MAP ZONE 75
The Assessment Diagram for Zone 75 is included on the following page.
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Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75Mid Year Annexation Fiscal Year2007-08 PART D
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of
1972,permits the establishment of assessment districts by Agencies for the purpose of providing
certain public improvements, which include the operation, maintenance and servicing of
landscaping and street lighting improvements.
Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance
assessments must be levied according to benefit rather than according to assessed value. This
Section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated benefit to be received by each such
lot or parcel from the improvements."
"The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000))[of the Streets and Highways Code,State of California]."
In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any
assessment to the proportional special benefit conferred on the property.
Because assessments are levied on the basis of benefit, they are 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.
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Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75Mid Year Annexation Fiscal Year2007-08 PART D
LANDSCAPING BENEFIT DETERMINATION
Trees, landscaping, hardscaping and 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, inmost cases where public money has been spent for parkways the assumption
has been definitely made that the proposed parkway will show a provable financial profit to the
City. It has been believed that the establishment of parkways causes a rise in real estate values
throughout the City,or in parts of the City,..."
It should be noted that the definition of "parkways" above may include the roadway as well as
the landscaping along side the roadway.
Proper maintenance and operation of the street landscaping along major thoroughfares,medians
and parkways provides beautification and enhancement of the surroundings. These landscape
improvements benefit all parcels within Zones 75. These major thoroughfares are the entryways
into each zone and as such provide beautification to the entire zone.
ASSESSMENT METHODOLOGY
The total operation, maintenance and servicing cost for the landscaping facilities are
apportioned in accordance with the methodology that is consistent with standard assessment
engineering practices.
As certain subdivisions develop throughout the County, they may be annexed into an existing
Zone or a new Zone may be created. Each new subdivision is evaluated to determine which
improvements are of a specific and direct benefit to the parcels within the subdivision and then
a determination is made whether to annex them into an existing Zone or form a new Zone. The
parcels, which benefit from the improvements, are then identified and a benefit assessment
methodology is developed to allocate the costs of the improvements to the benefiting parcels.
Since the assessments are levied on the owners of properties as shown on the secured property
tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were
to be allocated by parcel,not considering land use,this would not be equitable because a single-
family parcel would be paying the same as a 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.
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Contra Costa Coun tywide Lan dscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation Fiscal Year 2007-08 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). Parcels designated as developed single family residential
uses per Contra Costa County land use code are assessed one(1.00) EDU.
Developed Multiple Residential - The EDUs for land designated as developed multi-family
uses which includes mobile homes and apartments are assessed a factor of one-half(0.50) EDU
per dwelling unit,e.g.,a parcel with a 100-unit apartment would be assessed 50 EDUs. Based on
data from representative cities in Northern California, the multiple family residential factor of
50% is determined by the statistical proportion of relative trip generation from various types of
residential uses, in combination with density per unit. However, those parcels classified as a
condominiums, townhouse or duet typically have a use closer to the single family parcel,
therefore these types of parcels are assessed a factor of 0.75 EDU per dwelling unit.
Developed Commercial/Industrial, Recreational, Institutional, and Other Miscellaneous
Uses - Developed commercial and industrial properties include commercial, industrial,
recreational, institutional or miscellaneous uses per Contra Costa County land use codes. The
parcels are assessed based upon the acreage of the parcel. The parcels will be assessed one(1.00)
EDU for the first acre or any portion thereof, one (1.00) EDU/acre for each additional acre. The
minimum number of EDUs per parcel will be one(1.00) EDU.
Undeveloped property is described as parcels with no improved structures. Property values
increase for undeveloped parcels when public infrastructure improvements are installed and
well maintained.
Undeveloped Single Family/Multiple Family Residential - Parcels defined as undeveloped
single family and multiple family residential parcels will be assessed at 50% of the developed
single family rate or multi-family rate.
Undeveloped Non-Single 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 easements 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.
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Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation Fiscal Year 2007-08 PART D
Zone 75 (Belmont Terrace - Pacheco Area) Subdivisions 8967and 8984 and Adjacent
Commercial Parcel(APN 159-230-006)
It is anticipated that Zone 75 will consist of 217 courtyard homes and 0.96 acres of commercial
land at build out. Each of the parcels located within this zone will be assessed their benefiting
share of the total assessment for this zone. The courtyard homes are classified as townhomes
per the County Assessor and these parcels are proposed to be assessed at 0.75 EDU/parcel. The
0.96 acre commercial parcel will be assessed 1.00 EDU based on its acreage. It is estimated that
at build out of the Zone the total amount needed to maintain the public improvements for Zone
75 on an annual basis is $42,525.88 (FY2007-08 dollars).
(217 courtyard units*0.75 EDU/unit) =162.75 EDUs
(0.96 commercial acres)=1.00 EDU
Maximum Assessment= $42,525.88 divided by 163.75 EDUs= $259.70/EDU
The maximum assessment rate was set at $254.11 per EDU with 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, 2006 (209.1). The February 2007 CPI Index is 213.7, therefore the
maximum rate for FY2007-08 is $259.70 per EDU.
Maximum Rate(In FY 2007-08 Dollars)
$259.70 per EDU
Proposed FY07-08 Rate
$0.00 per EDU
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Contra Costa Countywide LandscapingDistrict(LL2) SECTION III
Zone 75Mid Year Annexation Fiscal Year2007-08 PART E
PART E
PROPERTY OWNER LIST&ASSESSMENT ROLL
A list of names and addresses of the owners of all parcels, and the description of each lot or
parcel within the territory to be annexed into Zones 75 is shown on the last equalized Property
Tax Roll of the Contra Costa County Assessor,which by reference is hereby made a part of this
Report.
This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which
includes the maximum proposed amount of assessments apportioned to each lot or parcel. The
Assessment Roll is on file in the Office of the Contra Costa County Clerk of the Board of
Supervisors and the Contra Costa County Public Works Department and is shown below in
Table 4 below.
Table 4: Maximum Assessment Roll Zone 75 (Existing and Proposed Annexation Area)
Assessor's Maximum
Parcel Estimated Ultimate Estimated Assessment
Status Number Owner Land Use Acres EDUs Amount
In Zone 75 161-262-022 O'Brien at Pacheco LLC 39 Courtyard Units 4.23 29.25 $7,596.23
In Zone 75 161-262-023 O'Brien at Pacheco LLC 89 Courtyard Units 9.82 66.75 $17,334.98
Annex Area 159-230-002 O'Brien Land Co.LLC 58 Courtyard Units 6.16 43.50 $11,296.95
Annex Area 159-230-003 Randall Bodhaine 31 Courtyard Units 3.16 23.25 $6,038.03
Annex Area 159-230-006 Church of God at Martinez Commercial 0.96 1.00 $259.70
163.75 $42,525.88
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HEARING CONFIRMATION FORM
Hearing Date: May 13, 2008 at 9:30 a.m.
Name of Person Phoning to Request Hearing: Angela Bell Phone No.: 313-2170
Hearing Date Confirmed with: FAXED to Emy Sharp at 335-1913 of Clerk of the Board Staff
on:
Agenda Language (how it will read on the calendar):
ADOPT Resolution No. 2008/*** initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967 and one commercial
parcel; declaring the intent to annex territory into LL-2; authorizing noticing to the affected
property owners and fixing a public hearing for May 13, 2008, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds) (District H) Project No.: 4500-6X5244
Anticipated length of the hearing: 5 minutes or less X or more
Is it controversial? Yes No X
Noticing Requirements: yes Code Section: 6066
Publication Requirements: #of times: 1 # of days before hearing:12
Who is to Publish the Notice? COB: yes PWD N/A
It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by
Board Resolution; the publication cannot be ordered until the Resolution is adopted by the Board of
Supervisors.
If posting of notice is required, who will post? N/A
If mailing the notice is required, who will provide the clerk with the correct mailing list and labels?
N/A
When will this "fix hearing item"be listed on the Board agenda as a consent item?
March 18, 2008
JW:ab
G:\SpDist\CSA L-100\Annexations\Forms\Board Reso(Fixing)-Form.doc
cc: J.Waters,Administration
PUBLICATION REQUEST
TO: Jane Pennington, Chief, Clerk of the Board
Attn: Emy Sharp, Deputy Clerk, Clerk of the Board
eshar@cob.ro.contra-costa.ca.us
FROM: Warren Lai
Public Works Department
(925) 313-2180
BOARD MTG. DATE: March 18, 2008
PREVIOUSLY APPROVED BY BOS ON: N/A
HEARING DATE: May 13, 2008
PUBLICATION DATES: May 1, 2008
REQUESTED PUBLISHING PAPER(S): Contra Costa Times
Do not type below this line—Publication lanyaize on following pate
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 May 13, 2008 at 9:30 a.m., to
consider comments of any interested person, either written or oral, to the Mid-
Year Preliminary Engineer's Report (Zone75) Fiscal Year 2007/2008 and
consider levying an assessment for parcels to be included and certify the
tabulation of the ballots submitted for the proposed assessment, Bay Point & N.
Richmond area.
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:
JOHN CULLEN, Clerk of the Board of Supervisors
and County Administrator
By , Deputy
PUBLICATION DATES:
2008