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HomeMy WebLinkAboutRESOLUTIONS - 04252006 - 2006/195 i I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 25, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None 'ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 15 SUBJECT: ADOPT Resolution No. 2006/ accepting tabulation of mail-in ballots, confirmation of the Fiscal Year 2005/2006 Mid-Year Annexation Final'Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73, Oakley area. (Countywide Landscape District (IL-2) Zone 73 Funds) (District V) The Board of Supervisors of Contra Costa County FINDS THAT: 1. A copy of the Fiscal Year 2005/2006 Mid-Year Annexation Final Engineer's Report for 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 the improvements to be maintained, the maximum estimate of cost, the Assessment Diagram, the method of Apportionment of Assessment and Property Owner List&Assessment Roll. 2. 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. The Board of Supervisors of Contra Costa County RESOLVES: 1. On March 7, 2006, the Board of Supervisors adopted Resolution No. 2006/113 directing the filing of the Fiscal Year 2005/2006 Mid-Year Annexation Preliminary Engineer's Report for a landscaping assessment on Final Maps 7562, 8900, and 8955 to be annexed into Countywide Landscaping District (LL-2) Zone 73. As directed by the Board,the Engineer of Work has filed the Engineer's Report. SG:ED:sr I hereby certify that this is a true and correct copy of an action G:\GrpData\SpDist\Board Orders\2006-Board Orders\ taken and entered on the minutes of the Board of Supervisors on 04-25-06 BO LL2 Zone 73.(hearing).doc the date shown. Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc: County Administrator ATTESTED: Assessor JOHN CULLEN,Cerk of the Board of Supervisors and County Auditor-Controller Administrator Community Development , County Counsel S.Gospodchikov,Eng.Svc. By / /l J - ,Deputy A.Anaya,Sp.Dist. RESOLUTION NO.2006/ SUBJECT: ADOPT Resolution No. 2006/ accepting tabulation of mail-in ballots, confirmation of the Fiscal Year 2005/2006 Mid-Year Annexation Final Engineer's Report for Contra Costa County Countywide Landscape District (LL-2) Zone 73, Oakley area. (Countywide Landscape District (LL-2)Zone 73 Funds) (District V) DATE: April 25, 2006 PAGE: 2 The Board of Supervisors of Contra Costa County RESOLVES: 2. On March 7, 2006, the Board of Supervisors adopted Resolution No. 2006/113 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 73 for fiscal year 2005/06 and setting a public hearing for April 25, 2006. Notice of hearing was given in the time and manner required by law. 3. Resolution 2006/113 directed the Engineer of Work (Public Works Director)to mail to property owners within Zone 73 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. NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS: 1. A public hearing was held before this Board on April 25, 2006 at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within Zone 73. The Board had 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 2005-06 Mid-Year Annexation Final Engineer's Report as set forth and hereby authorizes the levy of assessments for fiscal year 2005/06 to be collected on the tax rolls. I i EXHIBIT A FINAL ENGINEER'S REPORT FINAL ENGINEER'S REPORT I CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT (LL-2) Zone 73 — Summerlake South Mid Year Annexation Fiscal Year 2005-06 � a Prepared or: Contra Costa County Prepared bv: Francisco&r Associates,Inc. 130 Market Place,Suite 160 San Ramon,CA 94583 April 25, 2006 I I Contra Costa Countywide Landscaping District(LL2) Zone 73 Mid Year Annexation Fiscal Year 2005-06 TABLE OF CONTENTS ii Page No. Contra Costa County Board of Supervisors and County Staff..................................................ii Certificates.............................................................................................................................................in SECTIONI - Introduction ..................................................................................................................i SECTION II -Impacts of Proposition 218........................................................................................2 SECTION III - Engineer's Report......................................................................................................3 PART A- Plans and Specifications......................................................................................5 Table 1- Planned Improvements......................................................................5 PARTB-Estimate of Cost.....................................................................................................6 Table 2 -Total iEstimated Cost at Build out..................................................6 PART C -Assessment Diagram............................................................................................8 PART D -Method of Apportionment of Assessment...................................................10 PART E- Property Own Ir List&Assessment Roll......................................................14 Table3 -Assessment Roll.................................................................................14 N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep\z73_FER.doc -i- Francisco&Associates Contra Costa Countywide Landscaping District(LL2) Zone 73M-id Year Annexation Fiscal Year 2005-06 BOARD&COUNTY STAFF r CONTRA COSTA COUNTY COUNTYWIDE LANDSCAPING DISTRICT(LL-2) MID YEAR FISCAL YEAR 2005-06 CONTRA COSTA COUNTY BOARD OF SUPERVISORS John M. Gioia Chair District No.l Gayle B.Uilkema 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 Clerk of the Board of Supervisors Eileen Doten David Edmonds Special Districts Coordinator Special Districts Planner Francisco Br Associates Assessment Engineer N:\$Projects\Contra\FY06-07\Zone72,73\Eng�Rep\z73 FER.doc -11- Francisco &Associates Contra Costa Countywide Landscaping District(LL2) Zone 73Mid Year Annexation 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 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: By: Maurice Shiu Public Works Director RCE No. 23204 I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached was filed with me on the day of 2006. John Cullen, Clerk of the Board of Supervisors Contra Costa County,California 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 day of , 2006. John Cullen,Clerk of the Board of Supervisors Contra Costa County,California By: N:\$Projects\Contra\FY06-07\Zone72,73\Eng eep\z73_FER.doc -iil- Francisco&Associates JI I Contra Costa Countywide Landscaping District(LLZ) SECTION I Zone 73 Mid Year Annexation Fiscal Year2005-06INTRODUCTION 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, lightil g(not street lighting except in special cases),park and recreational facilities,and appurtenant facilities including but not limited to;personnel,electrical energy,utilities such as water, materials, contractual services, and other items necessary for the satisfactory operation of these services and facilities. Generally, developers as a part of their conditions permitting the developer to construct new housing or commercial/industrial developments, construct these public improvements. However, the ongoing operation,maintenance and servicing of these improvements are financed through the District. The District is composed of benefit zones to ensure the operation; maintenance and servicing of the improvements are specifically paid for by those property owners who directly benefit from the improvements. For Mid Year FY2005-06,it is 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 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 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 73 which will provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, if the assessment ballot tabulation is favorable, the Contra Costa County Board of Supervisors may adopt a resolution confirming the maximum assessment rate as originally proposed or modified. Payment of these annual 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. N:\$Projects\Contra\FY06-07\Zone72,731Eng Rep\z73FER.doc -1- Francisco &Associates I Contra Costa Countywide Landscaping District(LL2) SECTION II Zone 73 Mid Year Annexation Fiscal Year 2005-06 PROPOSITION 218 i 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)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 FY2005-06,it is anticipated that Zone 73 will be formed. In order to comply with the requirements of Proposition 218,the County will implement the following procedures: 1) Every property owner within the area being formed will be mailed a ballot,which will allow the property owner to cast their vote on whether to form Zone 73. A notice describing)the assessment, the individual property owner's maximum annual assessment rate, the duration of the assessment, the reason for the assessment and the basis upon which the assessment is calculated will accompany the baHots. 2) After the close or, the Public Hearing on April 25, 2006, the ballots, which are returned within 45 days after mailing,will be tabulated to determine whether or not a majority protest against the assessment in Zone 73 exists. 3) The ballots will be weighted based on their proportionate amount of their maximum assessment for the zone. 4) If there are publil ly owned properties (generally those which are developed as opposed to open space)they will be assessed. All property owners will be notiiced in accordance with Proposition 21S 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:\$Projects\Contra\FY06.07\Zone72,73\Eng Rep\z73_FER.doc -2- Francisco &Associates Contra Costa Countywide LandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 ENGINEER'S REPORT i 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. 2006/113, 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 i'Zone 73", 1, Maurice Shiu P.E., the duly appointed ENGINEER OF WORK,submit herewith the Report" consisting of five (5)parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements in Zone 73. Plans and specifications for the improvements are as set forth on the lists thereof,attached hereto,and are on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Public Works Department. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and is on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Public Works Department. PART C: ASSESSMENT DISTRICT DIAGRAM This part incorporates by reference a diagram of Zone 73 showing the exterior boundaries of the Zone, and the lines and dimensions of each lot or parcel of land within the Zone. The diagram has been prepared and submitted to the Contra Costa County Clerk of the Board of Supervisors. The lines and dimensions of each lot or parcel within the Zone are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year when this Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part contains the method of apportionment of assessments, based upon parcel classification of land within the Zone,in proportion to the estimated benefits to be received. N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep\z73_FER,doc -3- Francisco&Associates Contra Costa Countywide Lands capingDistrict(LL2) SECTION III Zone 73Mid Year Annexation Fiscal Year 2005 06 ENGINEER'S REPORT I PART E: PROPERTY OWNER LIST est ASSESSMENT ROLL This part contains a list of the Contra Costa County Assessor's Parcel numbers, and the maximum amount to be assessed uponthe benefited lands within Zone 73. The Assessment Roll is filed in the Office of the County Clerk and is incorporated in this Report by reference. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference. N:\$Projects\Contra\FY06.07\Zone72,73\Eng RIp\z73_FER.doc -4- Francisco&Associates i I i Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation,Fiscal Year 2005-06 PART A PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within Zone 73, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described as follows: The construction,operation,maintenance and servicing of landscaping,irrigation,lighting(not street lighting except in special cases),park and recreational facilities,and appurtenant facilities including but not limited to;personnel,electrical energy,utilities such as water,materials,contractual services, and other items necessary for the satisfactory operation of these services and facilities as described below: Landscaping The landscaping facilities consist of, but are not limited to: Landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, sidewalks, trails, and appurtenant facilities including, but not limited to; playground equipment, play courts, and public restrooms, located within the public right-of-ways, entry ways, parkways, County building grounds, and designated easements within the boundaries of Zone 73. 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 Zone173. The following is a detailed description of the improvements that are planned to be operated, maintained and serviced. Table 1: Planned Improvements RIGHT OF WAY IMPROVEMENT AREAS LIMITS Phase 1 Summerlake Drive ROW Cypress Raod south to South Well Pump Streetscape Station and Phase 2 Limits Phase 2 Summerlake Drive ROW South Well Pump Station north to Cypress Streetscape I Road Phase 1 Cypress Road ROW Streetscape Bethel Island Road to second Summerlake &Entry Drive Intersection Manresa Pocket Park End of Lakeview Ct.-.26 acres Lakewood Drive Park Approximately 58 acres Sycamore Drive Park Approximately.24 acres South Pocket Park Approximately.71 acres Greenbelt Park I Approximately.79 acres La esi e Park Approximately 1.64 acres Na$Projec[s\Contra\FY06.07\Zone72,73\Eng Repiz73_FER.doc -5- Francisco&Associates I Contra Costa CountywideLan�dscapingDistrict aL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART B PART B ESTIMATE OF COST The 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the public landscaping, lighting (not street lighting except in special cases), parks, trails and open space facilities, etc. can be recovered by each Zone. Incidental expenses including administration of the(Zone, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the Zones can also be included. For the new Zone being proposed for mid year it is not anticipated any expenditures will be incurred for Fiscal Year 2005-06, however it is estimated that $12,654 in reserve money will need to be collected. Table 2 below shows the total maintenance and operations budget upon completion of all improvements. This information has been provided by Contra Costa County Public Works Staff. TABLE 2:TOTAL ESTIMATED COST AT BUILDOUT(IN FY2005-06 DOLLARS) Countywide Landscaping District(LL-2)-Zone 73 !Summerlake South(Sub 7652,8900&8955) Total Operation&t Maintenance Quantity Cost/Unit Cost Phase 1 Mamesa Pocket Park 0.26 Acre $25,000.00/Acre $6,500.00 Phasel Lakewood Drive Pocket Park 0.58 Acre $25,000.00/Acre $14,500.00 Phase 1 Sycamore Drive Pocket Park 0.24 Acre $25,000.00/Acre $6,000.00 Phase 2 South Pocket Park 0.71 Acre $25,000.00/Acre $17,750.00 Phase 2 Greenbelt Park 0.79 Acre $25,000.00/Acre $19,750.00 Phase 2 lakeside Park 1.64 Acre $25,000.00/Acre $41,000.00 Phase 1 Summerlake Drive ROW Westside 0.27 Acre $25,000.00/Acre $6,714.88 Phase 1 Summerlake Drive ROW Eastside 1.07 Acre $25,000.00/Acre $26,859.50 Phase 2 Summerlake Drive ROW Westside 1.07Acre $25,000.00/Acre $26,848.31 Phase 2 Summerlake Drive ROW Eastside 0.30 Acre $25 000.00/Acre $7.572.60 Phase 1 Cypress Road Drive ROW Northside 1.05 Acre $25,000.00/Acre $26,299.93 Phase 1 Cypress Road Drive ROW Southside 1.05 Acre $25,000.00/Acre $26,299.93 Phase 1 Cypress Road Drive Median 0.23 Acre $25 000.00/Acre $5,825.30 Other Medians&Frontage 5.00 Acre $25,000.00/Acre $125,000.00 Utilities 12Months $4,000.00/Month $48,000.00 Subtotal $404,920.45 TOTAL ALL MAINTENANCE: $404,920.45 Incidental Costs Assessment Engineering $9,000.00 Assesment Collection Fees $4,000.00 County Administration JR,124.00 TOTAL ALL INCIDENTALS: $44,524.00 Reserve Funds Operating Reserve Fund(50%) $224,722.23 Capital Reserve Fund(45%) $182.214.20 TOTAL ALL RESERVES: $406,936.43 Total Annual Estimated Cost $856,380.89 N:\$Projects\Contra\FY06-07\Zone72,73\En Rep\z73_FER.doc -6- Francisco &Assoc ates I 1 Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART B I The 1972 Act requires that a special fund be set up for the revenues and expenditures of each Zone. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution to each Zone by Contra Costa County may be made to reduce assessments, as the Board of Supervisors deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year. N:\$Projects\Contra\FY06-07\Zone72,73\EngRep\z73 FER.doc -7- Fr7ndsc0&Assocmtes i Contra Costa Countywide LandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART C i PART C ASSESSMENT DISTRICT DIAGRAM The boundaries of Zone 73 are completely within the boundaries of Contra Costa County. The Assessment Diagram for the Countywide Landscaping District (LL-2) that incorporates Zone 73 is on file in the Office of the Contra Costa County Clerk of the Board of Supervisors and the Contra Costa County Public Works Department. The lines and dimensions of each lot or parcel within Zone 73 are those lines and dimensions shown on the maps of the Contra Costa County Assessor, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. Zone 73 encompasses the entire development area for Final Maps 7562, 8900 & 8955 also known as Summer Lake South. (Zone 73 does not include the existing homesite that was located in the area prior to development. This area is located off of Cypress Road just east of the Oakley City limits (a vicinity map is shown below). 1 Fi � g al `j`-Sr� n [rti!XaV � i Y._ Y/CIeY��AE4P_ The Assessment Diagram is included on the following page. N:\$Projects\Contra\FY06-07\Zone72,73\Et g Rep\z73_FER.doc -8- Francisco &Associates � � � ) | ( ® | � { 4¢& ! | } §§§_ § \ ; z | \ ! ) L \ \ z » � D� g LLI § k \ } 4 � ) ) a | � ; ■ .e... � : ! a � ■ �° ) Is . i ` 2 ~»pjr�e e I ! cz � � § \ p�e . » « � } , } is � ® } ! s y �' � � } , ! _ate,Road } } i Contra Costa CountywideLandsca 'ng District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART D PART D METHOD OF A�ncl PPORTIONMENT OF ASSESSMENT Part 2 of Division 15 of the Streets 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: I "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 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 191I (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. N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep\z73_FER_doc -10- Francisco cis'Associates i Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06PART D LANDSCAPING BENEFIT DETERMINATION Trees, landscaping, hardscaping I 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 lath of opinion,based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly. Indeed, in most cases wherc 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 inparts c f 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 Zone 73. These major thoroughfares are the entryways into each zone and as such provide beautification to the entire zone. ASSESSMENT METHODOLOGY The total operation, 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 al locate 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 asl ign EDUs to other land uses in proportion to the benefit they receive relative to the single family residential parcel and is explained below. N:\4Projecis\Con[ta\FY06.07\Zone72,73\Eng Rep\z73 FER.doc -li Francisco&Associates I Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year 2005-06 PART D Developed Single Family Residential - The developed single family parcel has been selected as the basic unit for calculation of the benefit assessments. This basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels designated as developed single family residential uses per Contra Costa County land us s code are assessed one (1.00) EDU. Developed Multiple Residential - The EDUs for land designated as developed multi-family uses which includes townhomes, condominiums, mobile homes and apartments are assessed a factor of one-half(0.50) EDU per dwelling unit, e.g., a parcel with a 100-unit apartment would be assessed 50 EDUs. Based on data from representative cities in Northern California, the multiple family residential factor of 150% is determined by the statistical proportion of relative trip generation from various types of residential uses,in combination with density per unit. Developed Commercial/Industrial, Recreational, Institutional, and Other Miscellaneous Uses - Developed commercial and industrial properties include commercial, industrial, recreational, institutional or miscellaneous uses per Contra Costa County land use codes. The parcels are assessed based upon their acreage. The parcels will be assessed-one (1.00) EDU for the first acre or any portion thereof, and one (1.00) EDU/acre for each additional acre up to a maximum of three (3.00) EDUs. The minimum number of EDUs per parcel will be one (1.00) EDU. Undeveloped Single Family Residential - Parcels defined as undeveloped single family residential parcels will be assessed I at 50%of the developed single family rate or 0.50 EDUs. Undeveloped Multiple Family Residential — The EDUs for land designated as undeveloped multi-family use which includes I undeveloped townhomes, condominiums, mobile homes and apartments are assessed half of the developed EDU factor per planned dwelling unit. For example a parcel that is planned for a 100-unit apartment complex would be assessed 25 EDUs. If the number of planned dwelling units are not known, then the rate is 0.50 EDUs/acre with a minimum of 0.50 EDUs and a maximum of 1.50 EDUs. Undeveloped Non Residential - Parcels defined as undeveloped non residential will be assessed at 50% of the developed commercial/industrial rate. These parcels include undeveloped 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 and a maximum of 1.50 EDUs per parcel (3.00 acres). Incremental acreage greater than 3.00 acres is considered to be open space area and therefore receives no further assessment. 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. I 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 prope,ty,designated open space,and public utilities. N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep\z73_FER.doc -12- Franc sco&Associates I Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year200S--06 PART D Zone 73(Summerlake South—Oakle+y Area)Final Map 7562,8900&z 8955 It is anticipated that Zone 73 will consist of 626 single family parcels and 13.40 acres of undeveloped non-single family residential at build out. Each of the parcels located within this zone will be assessed an equal share of the total assessment for this zone. Single family parcels are proposed to be assessed at 1.00 EDU/parcel and undeveloped non-single family parcels are proposed to be assessed at 0.50 EDUs%acre, It is estimated that at build out of the Zone the total amount needed to maintain the public improvements for Zone 73 on an annual basis is $856,380.89 (FY2005-06 dollars). (626 single family units *1.00 EDU) + (13.40 acres undeveloped non residential 0.50 EDU) _ 632.70 EDUs $856,380.89 divided by 632.70 EDUs=$1,353.53/EDU P oposed 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 peer non residential undeveloped acre Maximum Assessment Rate Incr1eases The maximum assessment rate shown above is in FY 2005-06 dollars. Each year thereafter the maximum assessment rate shown above may be increased based upon an allowance for a minimum of a 2% CPI increase each fiscal year which is based upon the San Francisco Bay Area All Urban Consumers as of June 2005 (201.20). N:\$Projects\Contra\FY06.07\Zone72,73\En Rep\z73_FER.doc -13- Francisco&Associates I Contra Costa CoantywideLandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal Year2005-06 PART E PART E PROPERTY OWNER LIST&ASSESSMENT ROLL A list of names and addresses of the lowners of all parcels, and the description of each lot or parcel within Zone 73 is shown on the last equalized Property Tax Roll of the Contra Costa County Assessor,which by reference is hereby made a part of this Report. This list is keyed to the Assessor'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 3. Table 3: Assessment Roll Assessor s Maximum Parcel Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 032.370.001 Shea Homes Limited Partnership 196 Single Family Units(Sub 8900) 42.37 196.00 $265,292.64 032.370.002 Shea Hames Limited Partnership 160 Single Family Units(port Sub 8955) 45.26 160.00 $216,565.42 032-370-003 Shea Homes Limited Partnership 79 S F Units(port Sub 8955)-10 Ac School 22.50 84.05 $113,764.52 032.370-004 Shea Homes Limited Partnership 53 Single Family Units(port Sub$955) 13.29 53.00 $71,737.30 032-370-008 Shea Homes Limited Partnership Levee 0.42 0.00 $0.00 032-370-009 Shea Homes Limited Partnership ' Levee P2.54 0.00 $0.00 032-370.011 Shea Homes limited Partnership f Common Area-Canoe Club 1.27 $1,718.99032-370.013 Shea Homes Limited Partnership ' Common Area-HOA-Daycare 038 $514.34032.370.014 Contra Costa County . ' Community Park 0.00 $0.00032.370.015 Shea Homes Limited Partnership Levee 000 $0.00032.370-016 Contra Costa County Open Space/Park 0.00 $0.00032.370.017 Shea Homes Limited Partnership,' Levee 0.00 $0.00 032-370.018 Shea Homes Limited Partnership Common Area-HOA(Lake) 27.61 0.00 $0.00 032-370-020 Shea Homes Limited Partnership Common Area-HOA 3.34 0.00 $0.00 032-370-022 Shea Homes Limited Partnership Common Area-HOA 0.20 0.00 $0.00 032-380.001 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-002 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.003 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032-380.004 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1353.53 -532 3-80-005 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.006 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-007 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-008 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.009 Shea Homes Limited Partnership Single Family Home n/a 1,00 $1,353.53 032.380.010 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.011 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380-012 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.013 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-014 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032380-015 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.016 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.017 Contra Costa County I open space/park 0.26 0.00 $0.00 032.380.018 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.019 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.020 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380-021 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.380.022 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 I N:\$Projects\Contra\FY06-07\Zone72,73\Eng Keplz73_FER.doc 114- Francisco &Associates Contra Costa Count ywideLandscapingDistrict(LL2) SECTION III Zone 73 Mid Year Annexa tion Fiscal Year2005-06 PART E Assessor's Maximum Parcel Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 032-380-023 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380.024 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-025 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-380-026 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 - 032-390-001 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-002 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-003 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-004 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.005 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.006 Shea Homes Limited Partnership ' Single Family Home n/a 1.00 $1,353.53 032-390.007 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-008 Shea Homes Limited Partnership f Single Family Home n/a 1.001 $1,353.53 032-390.009 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-010 Shea Homes Limited Partnership Single Family Home n/a Lo0 $1,353.53 032-390-011 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-012 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.013 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-014 Shea Homes Limited Partnership ' Single Family Home n/a 1.00 $1,353.53 032-390-015 Shea Homes Limited Partnership Single Family Home n/a 1.D0 $1,353.53 032.390-016 Shea Homes Limited Partnership Single Family Home n/a I.D01 $1,353.53 032-39D-017 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-018 Shea Homes Limited Partnership Single Family Home n/a Loo $1,353.53 032-390-019 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-020 Shea Homes Limited Partnership Single Family Home n/a 1.60 $1,353.53 032-390.021 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-022 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-023 Shea Homes Limited Partnership Stn le Family Home n/a L00 $1,353.53 032.390-024 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.025 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-026 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-027 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-028 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-029 Shea Homes Limited Partnership Single Family Home n/a Loo $1,353.53 032.390-030 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.031 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.032 Shea Homes Limited Partnership ' Single Family Home n/a 1.00 $1,353.53 032-390-033 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-034 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.035 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-036 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.037 Shea Homes Limited Partnership Single Family Home n/a 100 $1,353.53 032-390.038 Shea Homes Limited Partnership Single Family Home n/a L()0j $1,353.53 032.390.039 Shea Homes Limited Partnership Single Family Home n/a 1.001 $1,353.53 032-390-040 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-041 Shea Homes Limited Partnership� Single Family Home n/a 1.00 $1,353.53 032-390-042 Shea Homes Limited Partnership' Single Family Home n/a 1.00 $1,353.53 032.390-043 Shea Homes limited Partnership! Single Family Home n/a too $1,353.53 032390-044 Shea Homes Limited Partnership' Single Family Home n/a 1.00 $1,353.53 032-390-045 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.046 Shea Homes Limited Partnership Single Family Home n/a 100 $1,353.53 032.390-047 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-048 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-049 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.050 Shea Homes Limited Partnership Single Family Home a/a 1.00 $1,353.53 032-390.051 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-052 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-053 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.054 Shea Homes Limited Partnership Single Family Home n/a L001 $1,353.53 N:\$Projects\Contra\FY06.07\Zone72,73\Eng Repiz73FER.doc -15- Francisco&Associates 1 Contra Costa Countywide Landscaping District(LL2) SECTION III Zone 73 Mid Year Annexation Fiscal)Year2005--06 PART E Assessor's Msnrimum Parcel Estimated Assessment Number Owner Estimated Ultimate Land Use Acres EDUs Amount 032-390-055 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-056 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-057 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-058 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.059 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.060 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.061 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-062 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-063 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.064 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-065 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 632-390-066 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-067 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-068 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-069 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390.070 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-071 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-072 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-073 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-074 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032-390-075 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-076 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390.077 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-078 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.390-079 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-390-080 Shea Homes Limited Partnership Pump Station 0.06 0.00 $0.0 032.400-001 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-002 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-003 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-004 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-005 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400.006 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1353.53 032-400-007 IShea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-008 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 632-400-009 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-010 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-011 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-012 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-013 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400.014 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-015 IShea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-016 IShea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400.017 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-018 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353-53 032-400-019 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-020 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400.021 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-022 Shea Homes Limited Partnership Single Family Home n/a Loo $1,353.53 032-400-023 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-024 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400.025 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-026 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400.027 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-028 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400-029 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,35353 032.400-030 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-031 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-032 Shea Homes Limited Partnership Single Family Home n/a 1.00 $1,353.53 032.400.033 Shea Homes limited Partnership Single Family Home n/a 1.001 $1,353.53 032-400-034 Shea Homes limited Partnership Single Family Home n/a 1.00 $1,353.53 032-400-035 Shea Homes Limited Partnership Open space/landscaping 0.10 0.00 0.00 632.701 $856,380.89 N:\$Projects\Contra\FY06-07\Zone72,73\Eng Rep\z73_FER.doc -16- Francisco &Associates I