To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Approval of engineer's report and adoption of resolution declaring the intent to levy annual assessments in Assessment District 1979-3 (LL-2) in Fiscal Year 2025/26, Countywide.
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
1. APPROVE the attached engineer's report for Assessment District 1979-3 (LL-2) for Fiscal Year 2025/26.
2. ADOPT Resolution, declaring the Board's intention to levy and collect assessments in Assessment District 1979-3 (LL-2) in Fiscal Year 2025/26 and fixing a public hearing on the levy of the proposed assessments for July 8, 2025, at 9:00 a.m. in the Board Chambers at 1025 Escobar Street, Martinez, California.
3. DIRECT the Clerk of the Board of Supervisors to give notice of the July 8, 2025, public hearing on the levy of the proposed assessments by publishing the Resolution in accordance with sections 22626, subdivision (a), 22552, and 22553 of the Streets and Highways Code.
FISCAL IMPACT:
Costs associated with the levy of assessments will be funded with Assessment District 1979-3 (LL-2) revenues.
BACKGROUND:
Assessment District 1979-3 (LL-2), also known as the Countywide Landscaping District ("District"), is made up of 32 zones impacting all five supervisorial districts. Within the zones, landscaping, irrigation systems, park and recreational facilities and other improvements have been constructed or installed, many by developers as conditions of approval. Annual assessments are levied each year on parcels in these zones under the Landscaping and Lighting Act of 1972 (Sts. & Hy. Code, div. 15, pt. 2, ? 22500 et seq.) (the "Act"), to fund the maintenance and servicing of these facilities and, as the need arises, the installation or construction of new or replacement facilities.
On March 25, 2025, the Board of Supervisors adopted Resolution No. 2025/79, which ordered the preparation and filing of an engineer's report for District assessments to be levied in Fiscal Year 2025/26. The report has been filed and is attached. As indicated in the report, no new improvements, and no significant changes in existing improvements in the District are proposed. The costs of existing improvements are projected to increase due to inflation. In zones where assessments are at their authorized maximums, and cannot be increased without additional assessment ballot proceedings, cost increases may lead to reductions in maintenance services.
As the Engineer's Report also indicates, assessments in Zones 1, 2, 3, 4, 7, 10, 11, 17, 18, 19, 21, 22, 27, 36, 37, 38, 42, 45, 48, 57, 61, 63, 64, and 68 cannot be adjusted without assessment ballot proceedings and property owner approval. The assessments in Zones 5, 35, 54, 69, 70, 71, 74, and 75 can be adjusted annually by the change in the applicable Consumer Price Index as approved when parcel owners originally voted to approve the assessments. The proposed Fiscal Year 2025/26 assessment for all Zones is at or below their respective maximum authorized amounts and therefore additional assessment ballot proceedings are not required.
The Board may approve the engineer's report as filed or modify the engineer's report and approve it as modified. Under the applicable annual assessment levy procedure set forth in the Act, after approval of the engineer's report, the Board must adopt a resolution of intention (Sts. & Hy. Code, ? 22624.) declaring the intention of the Board to levy and collect assessments within the District for Fiscal Year 2025/26; generally describing the existing and proposed improvements; and setting a public hearing before the Board regarding the proposed levy for July 8, 2025, at 9:00 a.m. in the Board Chambers at 1025 Escobar Street, Martinez, California.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the engineer's report, either as filed or modified, or does not approve the resolution of intention, annual assessments cannot be levied to pay the costs of District improvements in Fiscal Year 2025/26.
c: Laura Strobel-County Administrator/CAO, Harjit Nahal - Interim Auditor Controller, Thomas L. Geiger- County Counsel, Gus Kramer- County Assessor, Jocelyn LaRocque-Public Works/Engineering Services, Diana Oyler- Public Works/Finance, Rochelle Johnson- Public Works/ Special Districts, Scott Anderson- Public Works/Special Districts, E. Espinoza- Francisco & Associates, Inc.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF DECLARING THE INTENTION OF THE BOARD TO LEVY ASSESSMENTS IN ASSESSMENT DISTRICT 1979-3 (LL-2) IN FISCAL YEAR 2025/26 AND FIXING A PUBLIC HEARING ON THE LEVY OF THE PROPOSED ASSESSMENTS
WHEREAS, The Board of Supervisors of Contra Costa County FINDS THAT:
1. Assessment District 1979-3 (LL-2), also known as the Countywide Landscaping District ("District"), was formed under the Landscaping and Lighting Act of 1972 (Sts. & Hy. Code, div. 15, pt. 2, ? 22500 et seq.) ("the Act").
2. On March 25, 2025, the Board approved Resolution No. 2025/79, designating the County Public Works Director as engineer for the District for Fiscal Year 2025/65 for the purposes of the Act (the "Engineer of Work") and ordering the Engineer of Work to prepare and file an engineer's report in accordance with Article 4 of Chapter 1 of the Act.
3. Pursuant to Resolution No. 2025/79 and in accordance with section 22623 of the Streets and Highways Code, the Engineer of Work filed the engineer's report with the Clerk of the Board of Supervisors for submission to the Board.
4. On May 13, 2025, the Board approved the engineer's report as filed.
5. Section 22624 of the Streets and Highways Code provides that, under the annual assessment levy procedure set forth in the Act, after approval of the engineer's report, the legislative body must adopt a resolution of intention that (a) declares its intention to levy and collect assessments within the assessment district for the fiscal year; (b) generally describes the existing and proposed improvements and any substantial changes proposed to be made in existing improvements; (c) refers to the assessment district by its distinct designation and indicates the general location of the district; (d) refers to the engineer's report, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and its zones, and the proposed assessments upon assessable lots and parcels of land within the district; (e) gives notice of the time and place for a hearing on the levy of the proposed assessment; and (f) states whether the assessment is proposed to increase from the previous year.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Board declares its intention to levy and collect District assessments in existing zones for the fiscal year beginning July 1, 2025, and ending June 30, 2026.
2. The District consists of 32 zones located in unincorporated communities in Contra Costa County. In east County, zones are located in Bay Point and Discovery Bay. In central County, zones are located in Alamo, Clyde, Pacheco, and unincorporated areas of Danville, Martinez and Pleasant Hill. In west County, zones are located in Kensington, North Richmond, Rodeo, and unincorporated areas of Pinole and San Pablo.
3. Existing and proposed improvements are generally described as the maintenance of landscaping of street frontages and medians and appurtenant facilities, including irrigation systems and electrical facilities, and the maintenance of park and recreational facilities, including landscaped areas, picnic areas, restrooms, playground equipment, lighting, ballfields, paths and trails, and pedestrian bridges. No substantial changes to existing improvements are planned in the District in Fiscal Year 2025/26.
4. A full and detailed description of the improvements in each zone of the District, the boundaries of the District and each of its zones, and the proposed assessments upon assessable lots and parcels of land with each zone of the District in Fiscal Year 2025/26, are set forth in the engineer's report for the District, on file with the Clerk of the Board of Supervisors.
5. The Board will conduct a public hearing on the levy of the proposed assessments on July 8, 2025, at 9:00 a.m. in the Board Chambers at 1025 Escobar Street, Martinez, California.
6. District assessments are not proposed to increase from the previous year. Adjustments in assessment rates in Zones 5, 35, 54, 69, 70, 71, 74, and 75 in accordance with approvals by parcel owners in previous assessment ballot proceedings are not considered to be increases that would trigger the notice procedures of Government Code section 53753.
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