Agenda

Return

D. 8

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	June 16, 2020

Contra

Costa

County

Subject:

HEARING to levy assessments in Countywide Landscaping District AD 1979-3 (LL-2) Fiscal Year 2020-21.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 06/16/2020

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Carl Roner - (925) 313-2213
cc:	Laura Strobel, County Administrator, CAO Robert Campbell, Auditor Controller Sharon Anderson, County Counsel Gus Kramer, County Assessor Brian Brown, Francisco & Associates, Inc. Diana Oyler - Finance Carl Roner- Special Districts Victoria Skerritt, Special Districts Jessi Duffy- Special Districts

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: June 16, 2020
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

1. OPEN the public hearing; RECEIVE and CONSIDER public comments and protests; CLOSE the public hearing.


2. ACCEPT the Fiscal Year 2020-2021 Final Engineer’s Report for Countywide Landscaping District 1979-3 (LL-2),

RECOMMENDATION(S): (CONT'D)

3. ADOPT Resolution No. 2020/125 confirming the diagram, assessment roll and assessments set forth in the Fiscal Year 2020-2021 Final Engineer’s Report for Countywide Landscaping District 1979-3 (LL-2), and

4. DIRECT the Auditor-Controller to place the levy of annual assessments on the tax roll for Fiscal Year 2020-2021.

FISCAL IMPACT:

100% Countywide Landscaping District AD 1979-3 (LL-2) funds.

BACKGROUND:

The existing Countywide Landscaping District 1979-3 (LL-2) contains thirty (30) Benefit Zones comprised of landscaping, pedestrian bridges, irrigation, park and recreational facilities and ancillary improvements installed by developers as a condition of their development. The annual assessment levies within these Benefit Zones will fund the operation, maintenance, and capital replacement of the facilities within each respective Benefit Zone.

On March 31, 2020, the Board of Supervisors adopted the Resolution of Initiation (Resolution No. 2020/78) which directed the Engineer of Work to prepare the FY 2020-2021 Preliminary Engineer’s Report for the Countywide Landscaping District 1979-3 (LL-2). The Landscaping and Lighting Act of 1972 requires that an Engineer’s Report be prepared each fiscal year to identify any changes in the improvements and assessments and to set the ensuing year’s special assessment rates.

On May 12, 2020, the Board of Supervisors approved the Preliminary Engineer’s Report and adopted the Resolution of Intention (Resolution No. 2020/120) which;

a) Declared the Board’s intention to levy and collect assessments within Countywide Landscaping District 1979-3 (LL-2) for FY 2020-2021;
b) Generally described the improvements within Countywide Landscaping District 1979-3 (LL-2) for FY 2020-2021;
c) Referred to the assessment district by its distinctive name and indicated the general location of the district;
d) Referred to the Engineer's Report, on file with the Clerk of the Board, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district;
e) Gave notice of the time, date, and the place for hearing regarding the levy of the proposed assessments; and
f) Stated the zones where the proposed assessments are to be increased from the previous year.

Attached to this board order is a Final Engineer’s Report, including Descriptions and the Fiscal Year 2020-2021 Budgets (Exhibit A), the Fiscal Year 2020-2021 Diagrams (Exhibit B), and the Fiscal Year 2020-2021 Assessment Roll (Exhibit C), which represents any changes that may have been directed by the Board of Supervisors at the Board Meeting on May 12, 2020, where the LL-2 Preliminary Engineers report was accepted. The Fiscal Year 2020-2021 assessments are based on information in the Final Engineer’s Report for Fiscal Year 2020-2021. Assessments are calculated by considering all anticipated expenditures for maintenance, utilities, and administration. Any excess funds from previous fiscal years are carried forward and the assessment amounts are adjusted accordingly. The assessment rates may change from fiscal year to fiscal year, dependent upon improvements to be constructed and maintenance to be performed; however the assessments cannot exceed the maximum amount set when the Benefit Zone was originally formed, plus an annual cost of living adjustment, if applicable. The proposed assessments being levied for each Benefit Zone for the Fiscal Year 2020-2021 are either at, or below, the maximum assessment rates. The assessment amounts proposed, in accordance with the Landscaping and Lighting Act of 1972, have been presented in the Preliminary and Final Engineer's Reports filed with the Board on May 12, 2020, and June 16, 2020, respectively. The June 16, 2020 public hearing for the Final Engineer’s Report has been publically noticed.

CONSEQUENCE OF NEGATIVE ACTION:

Without Board of Supervisors' approval there would be no acceptance of the Final Engineer's report and the assessment of levies of the Countywide Landscaping District AD 1979-3 (LL-2) for Fiscal Year 2020-21 would not be authorized on the tax roll, thus funds would not be available to maintain the landscaping and other improvements in the Benefit Zones throughout the Countywide Landscaping District AD 1979-3 (LL-2).