HomeMy WebLinkAboutMINUTES - 05132008 - SD.3 TO: BOARD OF SUPERVISORS '. . S . Contra
x
=� ?r Costa
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
-'1 COON
County
DATE: May 13, 2008
SUBJECT: ADOPT Resolution No. 2008/accepting tabulation of mail-in ballots, Subdivision 05-8967,
Pacheco area. (Countywide Landscaping (LL-2) District Funds) (Warren Lai, Public Works
Department)(District II) Project No.: 4500-6X5244
SPECIFIC RUQUF.ST(S)OR RFC'OMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
1. CONDUCT HEARING regarding support or opposition to assessments.
2. ADOPT Resolution'.No. 2008/m3 accepting tabulation of mail-in ballots, confirmation of Final
Engineer's Report for Fiscal Year 2007-08 Mid Year for Subdivision 05-8967.
FISCAL IMPACT:
There is no impact to the County General Fund. All costs are covered with revenue from Countywide
Landscaping District 1979-3 (LL-2) Zone 75 Funds (100%).
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRA'T'OR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON Wtq 131 2X ' APPROVED AS RECOMMENDED i O IER
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.
VOTE OF SUPERV ISOIZS 2-09
UNANIMOUS(ABSENT ) AT`rESTED: �.lr '
AYES: NOES: JOHN C'UI-LEN Clerk f the Board of Supervisors and
ABSENT: ABSTAIN: County Administrator
.IW:ab
G:\SpDisC,Board Orders\2008\5-13=08 BO_Hearing_I_I_-2_Zone 75_05-8067_ll-.doe Bye P l
Orig.Div:Public Works(Special Districts) Deputy
Contact: Warrcn I.ai(313-2180)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
Francisco&Associates,Inc.—130 Market Place,Suite 160- San Ramon,CA 94583
SUBJECT: ADOPT Resolution No. 2008/_ accepting tabulation of mail-in ballots, Subdivision 05-8967,
Pacheco area. (Countywide Landscaping (LL-2) District Funds) (Warren Lai, Public Works
Department)(District II) Project No.: 4500-6X5244
DATE: May 13, 2008
PAGE: 2
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 C6untywide 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 (APN 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 fonned 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 Board Order.and Resolution complies with the requirements for
new assessments under Proposition 218.
CONSEQUENCES OF NEGATIVE ACTION:
This project will not be in compliance with the above mentioned Conditions of Approval and an alternative
means to finance public right of way landscape maintenancevould have to be found.
C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 13, 2008 by.the following Vote:
AYES: GIOIA,UILKEMA,PIEPHO,
BONILLA&GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE �2
RESOLUTION NO. 2008/:9—
SUBJECT: Tabulation of mail-in ballots, confirmation of Final Engineer's Report for FY2007/2008 Mid Year,
Subdivision 05-8967 to Countywide Landscaping and Lighting District 1979-3 (LL-2)Zone 75, Pacheco
area. (Countywide Landscaping (LL-2) District Funds)(District II)
Project No.: 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS THAT:
1. A copy of the FY2007-08 Mid Year Final Engineer's Report confirming 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 75 from the parcels within the Development, the methodology
supporting the assessment, and the duration of the Assessment.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On March 18, 2008, the Board of Supervisors adopted Resolution No. 2008/182 directing the filing of the Fiscal
Year 2007-08 Mid-Year Preliminary Engineer's Report for a landscaping assessment on Subdivision 05-8967 to
be annexed into Countywide Landscaping District (LL-2) Zone 75. As directed by the Board, the Engineer of
Work has filed the engineer's report.
2. On March 18, 2008, the Board of Supervisors adopted Resolution No. 2008/182 declaring the Board's intention
to levy and collect landscape charges to operate and. maintain facilities and services within Countywide
Landscaping District (LL-2) Zone 75 for fiscal year 2007/08 and setting a public hearing for May 13, 2008.
Notice of the hearing was given in the time and manner required by law.
3. Resolution No. 2008/182 directed the Engineer of Work (Public Works Director) to mail to property owners
within Subdivision 05-8967 the notices and ballots required by Section 4 .of Article XIII D of the California
Constitution(Proposition 218).
4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be tabulated.
hv:ab 1 hereby certify that this is a true and correct copy of an
.G:\SpDisl\Board Orders\2008\5-13-08 BO Hearing_LL-2_Zone 75_05-8967_1]-.doc action taken and entered on the minutes of the Board of
Orig.Dept.:Public Works Department(Special Districts) Supervisors on the(late sh
own.
Contact: Warren Lai,313-2180 ATTESTED: "-
cc: Assessor JOHN CULLEN,C rk of the Board of Supervisors and
Auditor-Controller
County Administrator County Administrator
` �^ ��
County Counsel
P.W.Accounting r B ! -�/ l/./��f�/ DeputyFrancisco&Associates,Inc. 130 Market Place,Suite 160—San Ramon,CA )4583
Resolution No.2008/ '333
SUBJECT: ADOPT.Resolution No. 2008/ accepting tabulation of snail-in ballots, confirmation of
Final Engineer's Report for FY2007/2008 Mid Year Subdivision 05-8967 to Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 75, Pacheco area. (Countywide
Landscaping (LL-2) District Funds) (District II)Project No.: 4500-6X5244
DATE: May 13, 2008
PAGE: 2
NOW, THEREFORE, the Board FINDS,DETERMINES and RESOLVES that:
I. A public hearing was held before this Board on May 13, 2008 at 9:30 a.m. At the hearing, the Engineer of Work
presented to the Board all ballots received from property owners within Subdivision .05-8967 (a proposed
tabulation of those ballots): The Board heard and considered all protests against the proposed assessments and
tabulated the returned ballots according to the proportional financial obligation of the affected properties. The
Board also.afforded to every interested person an opportunity to make a protest to the engineer's report, either in
writing or orally, and the Board considered each protest. .
2. A majority protest, as defined in section 4(e) of Article XIII D, does not exist.
3. The Board hereby confirms the Fiscal Year 2007/2008 Mid-Year Final Engineer's Report as set forth.
EXHIBIT A
FINAL ENGINEER'S REPORT FOR ZONE 75
•
_l
b
FINAL
ENGINEER'S REPORT
CONTRA COSTA
COUNTYWIDE LANDSCAPING DISTRICT (LL-2)
Zone 75 - Belmont Terrace
Mid Year Annexation
Fiscal Year 2007-08
15i46.1
Prepared or:
Contra Costa County
Prepared by:
Francisco&Associates,Inc.
1.30 Market Place,Suite 160
San Ramon,CA.. 94583
May 13, 2008
Contni Costa Countywide Landscaping District(L._L_2)
Zone 75Mid Year Annexation Fiscal Year2007-08 TABLE OF CONTENTS
Page No.
Contra Costa County Board of Supervisors and County Staff..................................................ii
Certificates.............................................................................................................................................iu
SECTIONI- Introduction ..................................................................................................................1
SECTION IT - Impacts of Proposition.218...............................................................:........................2
SECTION III-Engineer's Report......................................................................................................3
PART A- Plans and Specifications......................................................................................5
Table.l-Existing Improvements Zone 755
Table 2-Proposed Additional Improvements (Zone 75)..........................5
PART B- Estimate of.Cost..*...... ...... ...... ...... 7
Table 3 -Total Esimst e 7 ...... 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
Z 75_FFR(rev04-28.08).aoc -1- Francisco&&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone75Mid Year Annexation.Fiscal Year2007-08 BOARD&L 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
Julia R. Bueren
Public Works Director
Silvan Marchesi John Cullen
County Counsel Clerk of the Board of Supervisors
Warren Lai
Engineering Services
Francisco&Associates
Assessment Engineer
Z_75_FER(rev04-28-08).doc -ii- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2)
Zone 75 Mid Year Annexation Fisctl Year2007-08 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 22.500 et seq, of the California Streets and
Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the
State of.California. � J
Dated: `� Z 5 8 By:
Warren Lai
Senior. Engineer
RCE No. C61737,Expiration June 30, 2009
I FIEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
and Assessment Diagram thereto attached was filed with me on the 13 day of , 2008.
John Cullen,Clerk of the 0a
Board of Supervisors
Contra Costa County,California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll
and Assessment Diagram thereto attached was approved and coffill
ed by the Board of
Supervisors of Contra Costa County,California,on the �3 day of. ,2008. .
John Cullen,Clerk of the
Board of Supervisors
Contra Costa County,California
B
1-75_Hi.a(rex04-28.08).doc Francisco&Associates
Contra Costa Countywide I_andscaping.District(LL2) SECTION I
Zone7SMid Fear 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.forination of the
County-vidc 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 11;`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 foreach parcel will be made in the same manner and at the
same time as payrnents 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.
z75_FER(re 04-2s-os).doc -1 Francisco&Associates
Contra Costa Coiintvivide LanclscapingDistrict(L.L_2) SECTION II
Zone 75Mid•YearAnnexation Fiscal Year 2007-08 PROPOSITION 218
SECTION II
IMPACTS 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
2.18, 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.,-
Consumer
e.gConsumer Price fndex (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.
4_7s FFR(m-04.2a os).doc -2- Francisco&Associates
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75Micl YearAnnex�ition 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 1.5 of the Streets and:.Highways Code of the State of California,
and in accordance with the Resolution of Intention, being Resolution No. 2008/182, 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(LI._-2)
MID YEAR FISCAL YEAR 2007-08
I:-Ierein 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
11iis part describes the improvements in Zone 7.5. 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.
Z 75-.FER(rc%04-28-08).doc -3.. Francisco&Associates
Contra Costa Countywide Landscaping.District(LL2) SECTION III
Zone 75 Mid YearAnnavation Fiscal Year2007-08 ENGINEER'S REPORT
PART E: PROPERTY OWNER LIST&r 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.
z_7.5_Fl=R(rex-o4-zs-os).aoc -4- Francisco&Associates
Contra Costa Countywide I_andscapingDistrict([-L2) SECTION III
Zone 75Mid YearAnnexation 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 consti-tiction,operation,maintenance and servicing of landscaping,irrigation,Iighting(not street
lighting except in special cases),park and recrecitiorutl facilities,'and apptrrtertant facilities including
but not limited to;personnel,electrical energy,utilities such cis 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 Li hting
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. l below shows a detailed description of the improvements that are currently operated,
maintained and serviced within Zone 75.
Table No. 1- Zone 75 (.Belmont Terrace—Pacheco Area T ract 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 have the ability to step in an maintain the area and.
collect the assessments for the landscaping).
Z_75_FER(rcv04 28-08).aoc s- Francisco&Associates
Contra Costa Countywide LandscripingDistrict(I-L2) SECTION III
Zone 75 Mid Year Anne<Y.ttion 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 Bodhai ne 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 f lomeowners Association fails to maintain the
landscaping to County standards then the County will step in an maintain the area and.
collect the assessments fo'r 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. .
Z_75.FE R(rex04-?8.08)Aoc 6 Francisco&Associates
Contra Costa CountpvicleLandscapingDistrict(LL 2) SECTION IiI
Zone 75 Mid Year Annexation Fiscal Year2007-08 PART B
PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of constriction, 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 neve 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. fable .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 1.59-
230-006)
TABLE 3:TOTAL ESTIMATED COST AT BUILDOUT(1N FY2007-08 DOLLARS)
Countywide i:tndscaping District(i.L-2)-Zone 75
Belmont Terrace(Sub 8984&r Subd.8967)&Adjacent Comercial Parcel APN 159-230-006
Tutal
Operation&Maintenance Quantity Cost/Unit Cost
Pacheco filed 1'rontage 3.5'x 1,682' 0.14 Acre 52O,i100.00/Acre `42,701.94
Utilities 12 Months 4450.00%\tenth 55,400.00
Vanadlism&incidentals $5.000.00
Subtotal $13,102.94
TOTAL ALL MAINTENANCE $13,102.94
Incidental Costs
Assessment Lngincering $3,000.00
Asacanent Collection Fees 4500.Oi)
County Administration 510.000.00
TOTAL A1.1-INCIDENTALS: $13,500.00
Reserve Punds
Olnerating Reserve Find(509,11) $13,301.47
Capital Reservc Fund(2011,) S2 6'0.59
TOTAL ALL RESERVES: $15,922.06
Total Annual Estimated Cost $42,525.00
CPI
Info.
Llate Actual CPI Increase Rate
jun-06 209.111 $254.11
Feb-07 213.70 1-1.20% $259.70
Subdivision-L;mduse Total Units EDU Rate No.of i:DU's Rate Per EDU Assiut Revenue
8984Lots-Courtyard 118 0.75 96.00 524,93120
5967 Lots-Courtyard 89. 0.75 66.75 417,3.34.98
Commercial 1 100 1.00 $259.i
218 163.75 $259.70 $42,525.88
Z_73_FER(reW4-28-08).doc -7- Francisco CCQ Associates
Contra Costa Countywicle Landscaping District.(LL2) SECTION III
Zone 75Mid YearAnneYation 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..
Z_75 FI:R(re%04-?8 08).dilc -8- Francisco&Associates
Contra Costa Countywide L_anclscapingDistrict(LL2) SECTION III
Zone 75Mid YearAnnexatlon Fiscal Year2007-08, 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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680
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4
VICINITY MAP ZONE 75
The Assessment Diagram for Zone 7.5 is included.on the following page.
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Contra Costa Countywide I_andscapingDistrict(L12) SECTION III
Zone 75Mid YearAn.nevation Fiscal Year 2007-08 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 2257.3 of the Landscaping and Lighting Act of 1972 requires that maintenance
assessments must be Icvied according to benefit rather than according to assessed value. This
Section states:
"The net amotnnt to be assessed iiporn 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 orparcel 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,arc 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 XTTTD 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 froth the assessinen.t 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.
ZJ5_FFR(rev04-28-08).doc. 11- Fhgncisco&Assochites
Contra Costa Countywide Landscaping District(LL2) SECTION III
Zone 75 Mid Year Annexation Fiscal Year 2007-08 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 tto lack of opirtioir,based oirgetteral principals acrd experieirce and common se►rse,that
parkways do irr fact add value to property, ever► though the amount cannot be determ.iried
exactly, indeed, in most cases where public motrey has been spent for parkways the assumption
has been definitely,made that the.proposed parkivay will show a provable financial profit to the
City. It has been believed that the establishment of parkways causes arise in real estate values
throughout the City,or irr 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 neve Zone may be created. Each neve 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.
Z_75_rH2(re%,04-28-08).doc -12- Francisco&Associates.
Contra Costa Countywide Landscaping District(T__I.2) 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
5011K) 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 509/6 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 casements and
rights-of-ways, all public parks, cemeteries, greenbelts rind parkways and all public school
property,other public property,designated.open space,and.public utilities.
75_r-r_Rcro-04-28.03>.doc _ 13- Francisco&Associates
Contra Costa Countywide LanclscapingDistrict(LL2) SECTION III
Zone 75Micl Year Annexation. sca!.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 2.17 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 townhornes
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 FDU 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).
(2.17 courtyard units*0.75 EDU/unit) =162.7.5 EDUs
(0.96 commercial acres) = 1.00 EDU
Maximum Assessment- $42,525.88 divided by 163.75 EDUs= $259.70/EDU
The maximinn assessment rate was set at $254.11 per EDU with an allowance for a minimum of
a 21)o CPT 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 2.13.7, therefore the
maxiinum 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
Z75FER(re�04 28.08).doc -14- Francisco&Assodates
Contra Costa Countywide Landscaping District(I-L2) SECTION III
Zone 75 Mid Yea.rAnnexation Fiscal.Year 2007-08 PART E
PART E
PROPERTY OWNER LIST est 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
Rcport.
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 2 9.2 5 $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
Z_75_FER(re%-04-28-08).doc - 15- Francisco&Associates
PUBLIC WORKS DEPARTMENT
DATE: May 13, 2008
TO: Board of Supervisors
FROM: Ju 1a R. . eren, u lic Works D1rec o
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 05-8967 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 75
I, Julia R. Bueren, Public Works Director for the County of Contra Costa, State of California, having
canvassed the return of all votes cast in the proposed annexation of Subdivision 05-8967 into Countywide
Landscaping and Lighting District 1979-3 (LL-2) Zone 75 held between March 18, 2008 and May 13, 2008 do
hereby certify the following to be a full, true and correct Statement of Results of all votes cast on the following
measure:
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 75
Annexation and Annual'Assessment for
Subdivision 05-8967
TOTAL ASSESSMENT AMOUNT CAST"YES":
TOTAL ASSESSMENT AMOUNT CAST"NO":
TOTAL ASSESSMENT AMOUNT CAST:. 3
THE ASSESSMENT AMOUNT CAST"YES"EQUAL % OF THE TOTAL ASSESSMENT
AMOUNT CAST.
I further certify that the total,number of ballots cast in the proposed annexation of Subdivision 05-8967 into
Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 75 at said election was three and attached
hereto are the total ballots received for and against annexation and assessment.
G:\SpDist\Board Orders\.?008\5-13-08 130_14earing_LI 2_7_one 75_05-8907_11-.doc
Legal No. 0002724115
Contra Costa Times
NOTICE OF A PUBLIC
HEARING
BEFORE THE BOARD OF.
P O Box 4147 SUPERVISORS ' h�
COUNTY OF CONTRA U
Walnut Creek,.CA 94596 COSTA,CALIFORNIA
(925)935-2525 NOTICE IS HEREBY GIVEN
that the Board of Super-
visors of Contra Costa
County will meet In the
Board Chambers, Room
' 107, at 651 Pine Street,
Martinez, California, to
hold a.public hearing on
Clerk of the Board of Supervisors May J3, 2008 at 9:30
June- Rm 106,651 Pine St., 1 st FI. a.m., to consider cou
menof any Interested
person,either written or
Martinez CA 94553-1275 oreilmt artYhe Engineer'sMi
Report (Zone7 ) iscal
Year 2007/2008 and con-
sider levying an assess-
PROOF OF PUBLICATION melt for ebe
included and d cerrtifytify the
tabulation of the ballots
submitted for the pro-
sed assessment,NO. 2142 Point Richmond
area.
In the matter of sh aetrue andHco ect
copy of an action taken
and entered on the ml-
nutes of the Board of
sh wnisors on the date
Jane Pennington
ATTESTED:
JOHN CULLEN, Clerk of
the Board ofSuppervisors
I am a citizen of the United States and a resident of the Count and County Adminlstra-
y for B Jane Pennington,
aforesaid; I am over the age of eighteen years, and not a party to or reggal CCT 2724115
interested in the above-entitled matter. Pubiisn May 1,2008
I am the Principal Legal Clerk of the Contra Costa Times, a
newspaper of general circulation, printed.and published at 2640
Shadelands Drive in the City of Walnut Creek, County of Contra
Costa,94598
And which newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Contra Costa,
State of California; under the date of October 22, 1934. Case
Number 19764.
The notice, of which the annexed is a printed copy(set in type not
small than nonpareil), has been published in each regular and entire .
issue of said newspaper and not in any supplement thereof on the
following dates,to-wit:
5/11/2008
I certify(or declare)under the penalty of perjury
that the foregoing is true and correct.
Executed at Walnu reek, California.
On this 9 day of M 2008
Signature