Cities Index.
Agenda Packet

Hercules City Council
June 27, 2023

Document
Agenda Packet
Meeting
June 27, 2023
Body
Hercules City Council
Pages
11
Original file
29.2 MB
Text extracted from the city's file for reading and search. Open the original on hercules.legistar.com. That file is the official record.

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407054020 3a 139.04 149.50
407054021 3a 139.04 149.50
407054022 3a 139.04 149.50
407054023 3a 139.04 149.50
407054024 3a 139.04 149.50
407054025 3a 139.04 149.50
407054026 3a 139.04 149.50
407054027 3a 139.04 149.50
407054028 3a 139.04 149.50
407054029 3a 139.04 149.50
407054030 3a 139.04 149.50
407054031 3a 139.04 149.50
407054032 3a 139.04 149.50
407071001 3a 139.04 149.50
407071002 3a 139.04 149.50
407071003 3a 139.04 149.50
407071004 3a 139.04 149.50
407071005 3a 139.04 149.50
407071006 3a 139.04 149.50
407071007 3a 139.04 149.50
407071008 3a 139.04 149.50
407072001 3a 139.04 149.50
407072002 3a 139.04 149.50
407072003 3a 139.04 149.50
407072004 3a 139.04 149.50
407072005 3a 139.04 149.50
407072006 3a 139.04 149.50
407072007 3a 139.04 149.50
407072008 3a 139.04 149.50
407072009 3a 139.04 149.50
407072010 3a 139.04 149.50
407072011 3a 139.04 149.50
407072012 3a 139.04 149.50
407072013 3a 139.04 149.50
407072014 3a 139.04 149.50
407072015 3a 139.04 149.50
407072016 3a 139.04 149.50
407072017 3a 139.04 149.50
407072018 3a 139.04 149.50
407073001 3a 139.04 149.50
407073002 3a 139.04 149.50
407073003 3a 139.04 149.50
407073004 3a 139.04 149.50
407073005 3a 139.04 149.50
407073006 3a 139.04 149.50
407073007 3a 139.04 149.50
407073008 3a 139.04 149.50
407074001 3a 139.04 149.50
407074002 3a 139.04 149.50
407074003 3a 139.04 149.50
407074004 3a 139.04 149.50
407074005 3a 139.04 149.50
407074006 3a 139.04 149.50
407074007 3a 139.04 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407074008 3a 139.04 149.50
407074009 3a 139.04 149.50
407074010 3a 139.04 149.50
407074011 3a 139.04 149.50
407074012 3a 139.04 149.50
407074013 3a 139.04 149.50
407081001 3a 139.04 149.50
407081002 3a 139.04 149.50
407081003 3a 139.04 149.50
407081004 3a 139.04 149.50
407081005 3a 139.04 149.50
407081006 3a 139.04 149.50
407081007 3a 139.04 149.50
407081008 3a 139.04 149.50
407081009 3a 139.04 149.50
407081010 3a 139.04 149.50
407081011 3a 139.04 149.50
407081012 3a 139.04 149.50
407081013 3a 139.04 149.50
407081014 3a 139.04 149.50
407081015 3a 139.04 149.50
407081016 3a 139.04 149.50
407081017 3a 139.04 149.50
407081018 3a 139.04 149.50
407081019 3a 139.04 149.50
407081020 3a 139.04 149.50
407081021 3a 139.04 149.50
407081022 3a 139.04 149.50
407081023 3a 139.04 149.50
407081024 3a 139.04 149.50
407081025 3a 139.04 149.50
407081026 3a 139.04 149.50
407081027 3a 139.04 149.50
407081028 3a 139.04 149.50
407081029 3a 139.04 149.50
407082001 3a 139.04 149.50
407082002 3a 139.04 149.50
407082003 3a 139.04 149.50
407082004 3a 139.04 149.50
407082005 3a 139.04 149.50
407082006 3a 139.04 149.50
407082007 3a 139.04 149.50
407082008 3a 139.04 149.50
407082009 3a 139.04 149.50
407082010 3a 139.04 149.50
407082011 3a 139.04 149.50
407082012 3a 139.04 149.50
407082013 3a 139.04 149.50
407091001 3a 139.04 149.50
407091002 3a 139.04 149.50
407091003 3a 139.04 149.50
407091004 3a 139.04 149.50
407091005 3a 139.04 149.50
407091006 3a 139.04 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407091007 3a 139.04 149.50
407091008 3a 139.04 149.50
407091009 3a 139.04 149.50
407091010 3a 139.04 149.50
407091011 3a 139.04 149.50
407091012 3a 139.04 149.50
407091013 3a 139.04 149.50
407091014 3a 139.04 149.50
407091015 3a 139.04 149.50
407091016 3a 139.04 149.50
407091017 3a 139.04 149.50
407091018 3a 139.04 149.50
407092001 3a 139.04 149.50
407092002 3a 139.04 149.50
407092003 3a 139.04 149.50
407092004 3a 139.04 149.50
407092005 3a 139.04 149.50
407092006 3a 139.04 149.50
407092007 3a 139.04 149.50
407092008 3a 139.04 149.50
407092009 3a 139.04 149.50
407092010 3a 139.04 149.50
407092011 3a 139.04 149.50
407092012 3a 139.04 149.50
407092013 3a 139.04 149.50
407092014 3a 139.04 149.50
407092015 3a 139.04 149.50
407093001 3a 139.04 149.50
407093002 3a 139.04 149.50
407093003 3a 139.04 149.50
407093004 3a 139.04 149.50
407093005 3a 139.04 149.50
407093006 3a 139.04 149.50
407093007 3a 139.04 149.50
407093008 3a 139.04 149.50
407093009 3a 139.04 149.50
407093010 3a 139.04 149.50
407093011 3a 139.04 149.50
407093012 3a 139.04 149.50
407093013 3a 139.04 149.50
407093014 3a 139.04 149.50
407093015 3a 139.04 149.50
407093016 3a 139.04 149.50
407093017 3a 139.04 149.50
407093018 3a 139.04 149.50
407093019 3a 139.04 149.50
407093020 3a 139.04 149.50
407093021 3a 139.04 149.50
407093022 3a 139.04 149.50
407093023 3a 139.04 149.50
407093024 3a 139.04 149.50
407093025 3a 139.04 149.50
407093026 3a 139.04 149.50
407093027 3a 139.04 149.50
06/15/23B- 38
251

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407093028 3a 139.04 149.50
407093029 3a 139.04 149.50
407093030 3a 139.04 149.50
407093031 3a 139.04 149.50
407093032 3a 139.04 149.50
407093033 3a 139.04 149.50
407093034 3a 139.04 149.50
407093035 3a 139.04 149.50
407093036 3a 139.04 149.50
407093037 3a 139.04 149.50
407093038 3a 139.04 149.50
407101001 3a 139.04 149.50
407101002 3a 139.04 149.50
407101003 3a 139.04 149.50
407101004 3a 139.04 149.50
407101005 3a 139.04 149.50
407101006 3a 139.04 149.50
407101007 3a 139.04 149.50
407101008 3a 139.04 149.50
407101009 3a 139.04 149.50
407101010 3a 139.04 149.50
407102001 3a 139.04 149.50
407102002 3a 139.04 149.50
407102003 3a 139.04 149.50
407102004 3a 139.04 149.50
407102005 3a 139.04 149.50
407102006 3a 139.04 149.50
407102007 3a 139.04 149.50
407102008 3a 139.04 149.50
407102009 3a 139.04 149.50
407102010 3a 139.04 149.50
407102011 3a 139.04 149.50
407102012 3a 139.04 149.50
407102013 3a 139.04 149.50
407102014 3a 139.04 149.50
407102015 3a 139.04 149.50
407102016 3a 139.04 149.50
407102017 3a 139.04 149.50
407102018 3a 139.04 149.50
407111001 3a 139.04 149.50
407111002 3a 139.04 149.50
407111003 3a 139.04 149.50
407111004 3a 139.04 149.50
407112001 3a 139.04 149.50
407112002 3a 139.04 149.50
407112003 3a 139.04 149.50
407112004 3a 139.04 149.50
407112005 3a 139.04 149.50
407112006 3a 139.04 149.50
407112007 3a 139.04 149.50
407112008 3a 139.04 149.50
407113001 3a 139.04 149.50
407113002 3a 139.04 149.50
407113003 3a 139.04 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407113004 3a 139.04 149.50
407113005 3a 139.04 149.50
407113006 3a 139.04 149.50
407113007 3a 139.04 149.50
407113008 3a 139.04 149.50
407113009 3a 139.04 149.50
407113010 3a 139.04 149.50
407113011 3a 139.04 149.50
407113012 3a 139.04 149.50
407113013 3a 139.04 149.50
407113014 3a 139.04 149.50
407113015 3a 139.04 149.50
407113016 3a 139.04 149.50
407113017 3a 139.04 149.50
407113018 3a 139.04 149.50
407113019 3a 139.04 149.50
407121001 3a 34.76 37.38
407121002 3a 139.04 149.50
407121003 3a 34.76 37.38
407122001 3a 139.04 149.50
407122002 3a 139.04 149.50
407122005 3a 139.04 149.50
407122006 3a 139.04 149.50
407122007 3a 139.04 149.50
407140004 9 790.58 0.00
407140012 5B 4314.52 0.00
407140013 5B 546.50 0.00
407140014 5B 352.34 0.00
407151001 9 110.86 149.50
407151002 9 110.86 149.50
407151003 9 110.86 149.50
407151004 9 110.86 149.50
407151005 9 110.86 149.50
407151006 9 110.86 149.50
407151007 9 110.86 149.50
407151008 9 110.86 149.50
407151009 9 110.86 149.50
407151010 9 110.86 149.50
407151011 9 110.86 149.50
407151012 9 110.86 149.50
407151013 9 110.86 149.50
407151014 9 110.86 149.50
407151015 9 110.86 149.50
407151016 9 110.86 149.50
407151017 9 110.86 149.50
407151018 9 110.86 149.50
407151019 9 110.86 149.50
407151020 9 110.86 149.50
407151021 9 110.86 149.50
407151022 9 50.80 0.00
407152001 9 110.86 149.50
407152002 9 110.86 149.50
407152003 9 110.86 149.50
407152004 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407152005 9 110.86 149.50
407152006 9 110.86 149.50
407152007 9 110.86 149.50
407152008 9 110.86 149.50
407152009 9 110.86 149.50
407152010 9 110.86 149.50
407152011 9 110.86 149.50
407152012 9 110.86 149.50
407152013 9 110.86 149.50
407152014 9 110.86 149.50
407152015 9 110.86 149.50
407152016 9 110.86 149.50
407152017 9 110.86 149.50
407152018 9 110.86 149.50
407152019 9 110.86 149.50
407152020 9 110.86 149.50
407152021 9 110.86 149.50
407152022 9 110.86 149.50
407152023 9 110.86 149.50
407152024 9 110.86 149.50
407161001 9 110.86 149.50
407161002 9 110.86 149.50
407161003 9 110.86 149.50
407161004 9 110.86 149.50
407161005 9 110.86 149.50
407161006 9 110.86 149.50
407161007 9 110.86 149.50
407161008 9 110.86 149.50
407161009 9 110.86 149.50
407161010 9 110.86 149.50
407161011 9 110.86 149.50
407161012 9 110.86 149.50
407161013 9 110.86 149.50
407161014 9 110.86 149.50
407161015 9 110.86 149.50
407161016 9 110.86 149.50
407161017 9 110.86 149.50
407161018 9 110.86 149.50
407161019 9 110.86 149.50
407161020 9 110.86 149.50
407161021 9 110.86 149.50
407161022 9 110.86 149.50
407161023 9 110.86 149.50
407162001 9 110.86 149.50
407162002 9 110.86 149.50
407162003 9 110.86 149.50
407162004 9 110.86 149.50
407162005 9 110.86 149.50
407162006 9 110.86 149.50
407162007 9 110.86 149.50
407162008 9 110.86 149.50
407162009 9 110.86 149.50
407162010 9 110.86 149.50
407162011 9 110.86 149.50
06/15/23B- 39
252

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407162012 9 110.86 149.50
407162013 9 110.86 149.50
407162014 9 110.86 149.50
407162015 9 110.86 149.50
407162016 9 110.86 149.50
407162017 9 110.86 149.50
407162018 9 110.86 149.50
407162019 9 110.86 149.50
407162020 9 110.86 149.50
407162021 9 110.86 149.50
407162022 9 110.86 149.50
407162023 9 110.86 149.50
407162024 9 110.86 149.50
407162025 9 110.86 149.50
407162026 9 110.86 149.50
407162027 9 110.86 149.50
407162028 9 110.86 149.50
407162029 9 110.86 149.50
407162030 9 110.86 149.50
407162031 9 110.86 149.50
407162032 9 110.86 149.50
407162033 9 110.86 149.50
407162034 9 110.86 149.50
407162035 9 110.86 149.50
407162036 9 110.86 149.50
407162037 9 110.86 149.50
407162038 9 110.86 149.50
407162039 9 110.86 149.50
407162040 9 110.86 149.50
407162041 9 110.86 149.50
407162042 9 110.86 149.50
407163001 9 110.86 149.50
407163002 9 110.86 149.50
407163003 9 110.86 149.50
407163004 9 110.86 149.50
407163005 9 110.86 149.50
407163006 9 110.86 149.50
407163007 9 110.86 149.50
407163008 9 110.86 149.50
407163009 9 110.86 149.50
407163010 9 110.86 149.50
407163011 9 110.86 149.50
407163012 9 110.86 149.50
407163013 9 110.86 149.50
407163014 9 110.86 149.50
407163015 9 110.86 149.50
407163016 9 110.86 149.50
407163017 9 110.86 149.50
407163018 9 110.86 149.50
407163019 9 110.86 149.50
407163020 9 110.86 149.50
407163021 9 110.86 149.50
407163022 9 110.86 149.50
407163026 9 251.00 0.00
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407164001 9 110.86 149.50
407164002 9 110.86 149.50
407164003 9 110.86 149.50
407164004 9 110.86 149.50
407171001 9 110.86 149.50
407171002 9 110.86 149.50
407171003 9 110.86 149.50
407171004 9 110.86 149.50
407171005 9 110.86 149.50
407171006 9 110.86 149.50
407171007 9 110.86 149.50
407171008 9 110.86 149.50
407171009 9 110.86 149.50
407171010 9 110.86 149.50
407171011 9 110.86 149.50
407171012 9 110.86 149.50
407171013 9 110.86 149.50
407171014 9 110.86 149.50
407171015 9 110.86 149.50
407171016 9 110.86 149.50
407171017 9 110.86 149.50
407171018 9 110.86 149.50
407171019 9 110.86 149.50
407171020 9 110.86 149.50
407171021 9 110.86 149.50
407171022 9 110.86 149.50
407171023 9 110.86 149.50
407171024 9 110.86 149.50
407171025 9 110.86 149.50
407171026 9 110.86 149.50
407171027 9 110.86 149.50
407171028 9 110.86 149.50
407171029 9 110.86 149.50
407171030 9 110.86 149.50
407171031 9 110.86 149.50
407171032 9 110.86 149.50
407171033 9 110.86 149.50
407171034 9 110.86 149.50
407171035 9 110.86 149.50
407171036 9 110.86 149.50
407171037 9 110.86 149.50
407171038 9 110.86 149.50
407171039 9 110.86 149.50
407171040 9 110.86 149.50
407171041 9 110.86 149.50
407171042 9 110.86 149.50
407172001 9 110.86 149.50
407172002 9 110.86 149.50
407172003 9 110.86 149.50
407172004 9 110.86 149.50
407172005 9 110.86 149.50
407172006 9 110.86 149.50
407172007 9 110.86 149.50
407172008 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407172009 9 110.86 149.50
407172010 9 110.86 149.50
407172011 9 110.86 149.50
407172012 9 110.86 149.50
407172013 9 110.86 149.50
407172014 9 110.86 149.50
407172015 9 110.86 149.50
407172016 9 110.86 149.50
407172017 9 110.86 149.50
407172018 9 110.86 149.50
407172019 9 110.86 149.50
407172020 9 110.86 149.50
407172021 9 110.86 149.50
407172022 9 110.86 149.50
407172023 9 110.86 149.50
407172024 9 110.86 149.50
407172025 9 110.86 149.50
407172026 9 110.86 149.50
407172027 9 110.86 149.50
407172028 9 110.86 149.50
407172029 9 110.86 149.50
407172030 9 110.86 149.50
407172031 9 110.86 149.50
407180001 9 110.86 149.50
407180002 9 110.86 149.50
407180003 9 110.86 149.50
407180004 9 110.86 149.50
407180005 9 110.86 149.50
407180006 9 110.86 149.50
407180007 9 110.86 149.50
407180008 9 110.86 149.50
407180009 9 110.86 149.50
407180010 9 110.86 149.50
407180011 9 110.86 149.50
407180012 9 110.86 149.50
407180013 9 110.86 149.50
407180014 9 110.86 149.50
407180015 9 110.86 149.50
407180016 9 110.86 149.50
407180017 9 110.86 149.50
407180018 9 110.86 149.50
407180019 9 110.86 149.50
407180020 9 110.86 149.50
407180021 9 110.86 149.50
407180022 9 110.86 149.50
407180023 9 110.86 149.50
407180024 9 110.86 149.50
407180025 9 110.86 149.50
407180026 9 110.86 149.50
407180027 9 110.86 149.50
407180028 9 110.86 149.50
407180029 9 110.86 149.50
407180030 9 110.86 149.50
407180031 9 110.86 149.50
06/15/23B- 40
253

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407180032 9 110.86 149.50
407180033 9 110.86 149.50
407180034 9 110.86 149.50
407180035 9 110.86 149.50
407180036 9 110.86 149.50
407180037 9 110.86 149.50
407180038 9 110.86 149.50
407180039 9 110.86 149.50
407180040 9 110.86 149.50
407180041 9 110.86 149.50
407180042 9 110.86 149.50
407180043 9 110.86 149.50
407180044 9 110.86 149.50
407180045 9 110.86 149.50
407180046 9 110.86 149.50
407180047 9 110.86 149.50
407180048 9 110.86 149.50
407180049 9 110.86 149.50
407180050 9 110.86 149.50
407180051 9 110.86 149.50
407180052 9 110.86 149.50
407180053 9 110.86 149.50
407180054 9 110.86 149.50
407180055 9 110.86 149.50
407180056 9 110.86 149.50
407180057 9 110.86 149.50
407180058 9 110.86 149.50
407191001 9 110.86 149.50
407191002 9 110.86 149.50
407191006 9 110.86 149.50
407191007 9 110.86 149.50
407191008 9 110.86 149.50
407191009 9 110.86 149.50
407191010 9 110.86 149.50
407192001 9 110.86 149.50
407192002 9 110.86 149.50
407192003 9 110.86 149.50
407192004 9 110.86 149.50
407192005 9 110.86 149.50
407192006 9 110.86 149.50
407192007 9 110.86 149.50
407192008 9 110.86 149.50
407192009 9 110.86 149.50
407192010 9 110.86 149.50
407192011 9 110.86 149.50
407192012 9 110.86 149.50
407192013 9 110.86 149.50
407192014 9 110.86 149.50
407192015 9 110.86 149.50
407192016 9 110.86 149.50
407192017 9 110.86 149.50
407192018 9 110.86 149.50
407192019 9 110.86 149.50
407192020 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407192021 9 110.86 149.50
407192022 9 110.86 149.50
407192023 9 110.86 149.50
407192024 9 110.86 149.50
407192025 9 110.86 149.50
407192026 9 110.86 149.50
407192027 9 110.86 149.50
407192028 9 110.86 149.50
407192029 9 110.86 149.50
407192030 9 110.86 149.50
407192031 9 110.86 149.50
407192032 9 110.86 149.50
407192033 9 110.86 149.50
407192034 9 110.86 149.50
407192035 9 110.86 149.50
407192036 9 110.86 149.50
407192037 9 110.86 149.50
407193001 9 110.86 149.50
407193002 9 110.86 149.50
407193003 9 110.86 149.50
407193004 9 110.86 149.50
407193005 9 110.86 149.50
407193006 9 110.86 149.50
407193007 9 110.86 149.50
407193008 9 110.86 149.50
407193009 9 110.86 149.50
407193010 9 110.86 149.50
407193011 9 110.86 149.50
407193012 9 110.86 149.50
407193013 9 110.86 149.50
407193014 9 110.86 149.50
407193015 9 110.86 149.50
407193016 9 110.86 149.50
407193017 9 110.86 149.50
407193018 9 110.86 149.50
407193019 9 110.86 149.50
407193020 9 110.86 149.50
407193021 9 110.86 149.50
407193022 9 110.86 149.50
407193023 9 110.86 149.50
407193024 9 110.86 149.50
407193025 9 110.86 149.50
407193026 9 110.86 149.50
407193027 9 110.86 149.50
407193028 9 110.86 149.50
407193029 9 110.86 149.50
407201001 9 110.86 149.50
407201002 9 110.86 149.50
407201003 9 110.86 149.50
407201004 9 110.86 149.50
407201005 9 110.86 149.50
407201006 9 110.86 149.50
407201007 9 110.86 149.50
407201008 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407202001 9 110.86 149.50
407202002 9 110.86 149.50
407202003 9 110.86 149.50
407202004 9 110.86 149.50
407202005 9 110.86 149.50
407202006 9 110.86 149.50
407202007 9 110.86 149.50
407202008 9 110.86 149.50
407202009 9 110.86 149.50
407202010 9 110.86 149.50
407202011 9 110.86 149.50
407202012 9 110.86 149.50
407202013 9 110.86 149.50
407202014 9 110.86 149.50
407202015 9 110.86 149.50
407202016 9 110.86 149.50
407202017 9 110.86 149.50
407203001 9 110.86 149.50
407203002 9 110.86 149.50
407203003 9 110.86 149.50
407203004 9 110.86 149.50
407203005 9 110.86 149.50
407203006 9 110.86 149.50
407203007 9 110.86 149.50
407203008 9 110.86 149.50
407203009 9 110.86 149.50
407203010 9 110.86 149.50
407203011 9 110.86 149.50
407203012 9 110.86 149.50
407203013 9 110.86 149.50
407203014 9 110.86 149.50
407203015 9 110.86 149.50
407203016 9 110.86 149.50
407203017 9 110.86 149.50
407203018 9 110.86 149.50
407203019 9 110.86 149.50
407203020 9 110.86 149.50
407203021 9 110.86 149.50
407203022 9 110.86 149.50
407203023 9 110.86 149.50
407203024 9 110.86 149.50
407203025 9 110.86 149.50
407203026 9 110.86 149.50
407203027 9 110.86 149.50
407203028 9 110.86 149.50
407203029 9 110.86 149.50
407203030 9 110.86 149.50
407203031 9 110.86 149.50
407203032 9 110.86 149.50
407203033 9 110.86 149.50
407203034 9 110.86 149.50
407203035 9 110.86 149.50
407203036 9 110.86 149.50
407203037 9 110.86 149.50
06/15/23B- 41
254

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407203038 9 110.86 149.50
407203039 9 110.86 149.50
407203040 9 110.86 149.50
407203041 9 110.86 149.50
407203042 9 110.86 149.50
407203043 9 110.86 149.50
407203044 9 110.86 149.50
407203045 9 110.86 149.50
407203046 9 110.86 149.50
407203047 9 110.86 149.50
407204001 9 110.86 149.50
407204002 9 110.86 149.50
407204003 9 110.86 149.50
407204004 9 110.86 149.50
407204005 9 110.86 149.50
407204006 9 110.86 149.50
407204007 9 110.86 149.50
407204008 9 110.86 149.50
407204009 9 110.86 149.50
407204010 9 110.86 149.50
407204011 9 110.86 149.50
407204012 9 110.86 149.50
407204013 9 110.86 149.50
407204014 9 110.86 149.50
407204015 9 110.86 149.50
407204016 9 110.86 149.50
407204017 9 110.86 149.50
407204018 9 110.86 149.50
407204019 9 110.86 149.50
407204020 9 110.86 149.50
407204021 9 110.86 149.50
407204022 9 110.86 149.50
407204023 9 110.86 149.50
407204024 9 110.86 149.50
407211001 9 110.86 149.50
407211002 9 110.86 149.50
407211003 9 110.86 149.50
407211004 9 110.86 149.50
407211005 9 110.86 149.50
407211006 9 110.86 149.50
407211007 9 110.86 149.50
407211008 9 110.86 149.50
407211009 9 110.86 149.50
407211010 9 110.86 149.50
407211011 9 110.86 149.50
407211012 9 110.86 149.50
407211013 9 110.86 149.50
407211014 9 110.86 149.50
407211015 9 110.86 149.50
407211016 9 110.86 149.50
407211017 9 110.86 149.50
407211018 9 110.86 149.50
407211019 9 110.86 149.50
407211020 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407211021 9 110.86 149.50
407211022 9 110.86 149.50
407211023 9 110.86 149.50
407211024 9 110.86 149.50
407211025 9 2265.34 0.00
407212001 9 110.86 149.50
407212002 9 110.86 149.50
407212003 9 110.86 149.50
407212004 9 110.86 149.50
407213001 9 110.86 149.50
407213002 9 110.86 149.50
407213003 9 110.86 149.50
407213004 9 110.86 149.50
407213005 9 110.86 149.50
407213006 9 110.86 149.50
407213007 9 110.86 149.50
407213008 9 110.86 149.50
407213009 9 110.86 149.50
407220001 4 951.06 0.00
407231001 9 110.86 149.50
407231002 9 110.86 149.50
407231003 9 110.86 149.50
407231004 9 110.86 149.50
407231005 9 110.86 149.50
407231006 9 110.86 149.50
407231007 9 110.86 149.50
407231008 9 110.86 149.50
407231009 9 110.86 149.50
407231010 9 110.86 149.50
407231011 9 110.86 149.50
407231012 9 110.86 149.50
407231013 9 110.86 149.50
407231014 9 110.86 149.50
407231015 9 110.86 149.50
407231016 9 110.86 149.50
407231017 9 110.86 149.50
407231018 9 110.86 149.50
407231019 9 110.86 149.50
407231020 9 110.86 149.50
407231021 9 110.86 149.50
407231022 9 110.86 149.50
407231023 9 110.86 149.50
407231024 9 110.86 149.50
407231025 9 110.86 149.50
407232001 9 110.86 149.50
407232002 9 110.86 149.50
407232003 9 110.86 149.50
407232004 9 110.86 149.50
407232005 9 110.86 149.50
407232006 9 110.86 149.50
407232007 9 110.86 149.50
407232008 9 110.86 149.50
407232009 9 110.86 149.50
407232010 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407232011 9 110.86 149.50
407232012 9 110.86 149.50
407232013 9 110.86 149.50
407232014 9 110.86 149.50
407232015 9 110.86 149.50
407232016 9 110.86 149.50
407232017 9 110.86 149.50
407232018 9 110.86 149.50
407232019 9 110.86 149.50
407232020 9 110.86 149.50
407232021 9 110.86 149.50
407232022 9 110.86 149.50
407232023 9 110.86 149.50
407232024 9 110.86 149.50
407232025 9 110.86 149.50
407241001 9 110.86 149.50
407241002 9 110.86 149.50
407241003 9 110.86 149.50
407241004 9 110.86 149.50
407241005 9 110.86 149.50
407241006 9 110.86 149.50
407241007 9 110.86 149.50
407241008 9 110.86 149.50
407241009 9 110.86 149.50
407241010 9 110.86 149.50
407241011 9 110.86 149.50
407241012 9 110.86 149.50
407241013 9 110.86 149.50
407241014 9 110.86 149.50
407241015 9 110.86 149.50
407241016 9 110.86 149.50
407241017 9 110.86 149.50
407241018 9 110.86 149.50
407241019 9 110.86 149.50
407241020 9 110.86 149.50
407241021 9 110.86 149.50
407242001 9 110.86 149.50
407242002 9 110.86 149.50
407242003 9 110.86 149.50
407242004 9 110.86 149.50
407242005 9 110.86 149.50
407242006 9 110.86 149.50
407242007 9 110.86 149.50
407242008 9 110.86 149.50
407242009 9 110.86 149.50
407242010 9 110.86 149.50
407242011 9 110.86 149.50
407242012 9 110.86 149.50
407242013 9 110.86 149.50
407242014 9 110.86 149.50
407242015 9 110.86 149.50
407242016 9 110.86 149.50
407242017 9 110.86 149.50
407242018 9 110.86 149.50
06/15/23B- 42
255

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407242019 9 110.86 149.50
407242020 9 110.86 149.50
407242021 9 110.86 149.50
407243001 9 110.86 149.50
407243002 9 110.86 149.50
407243003 9 110.86 149.50
407244001 9 110.86 149.50
407244002 9 110.86 149.50
407244003 9 110.86 149.50
407244004 9 110.86 149.50
407244005 9 110.86 149.50
407244006 9 110.86 149.50
407244007 9 110.86 149.50
407244008 9 110.86 149.50
407244013 9 110.86 149.50
407244019 9 110.86 149.50
407244021 9 110.86 149.50
407244025 9 110.86 149.50
407244026 9 110.86 149.50
407244027 9 110.86 149.50
407244028 9 110.86 149.50
407245001 9 110.86 149.50
407245002 9 110.86 149.50
407245003 9 110.86 149.50
407245004 9 110.86 149.50
407245010 9 110.86 149.50
407245011 9 110.86 149.50
407251003 9 110.86 149.50
407251004 9 110.86 149.50
407251005 9 110.86 149.50
407251006 9 110.86 149.50
407251007 9 110.86 149.50
407251008 9 110.86 149.50
407251009 9 110.86 149.50
407252001 9 110.86 149.50
407252002 9 110.86 149.50
407252003 9 110.86 149.50
407252004 9 110.86 149.50
407252005 9 110.86 149.50
407252006 9 110.86 149.50
407252007 9 110.86 149.50
407252008 9 110.86 149.50
407252009 9 110.86 149.50
407252010 9 110.86 149.50
407252011 9 110.86 149.50
407252012 9 110.86 149.50
407252013 9 110.86 149.50
407252014 9 110.86 149.50
407252015 9 110.86 149.50
407252016 9 110.86 149.50
407252017 9 110.86 149.50
407252018 9 110.86 149.50
407252019 9 110.86 149.50
407252020 9 110.86 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407252021 9 110.86 149.50
407261001 4a 139.04 149.50
407261002 4a 139.04 149.50
407261003 4a 139.04 149.50
407261004 4a 139.04 149.50
407261005 4a 139.04 149.50
407261006 4a 139.04 149.50
407262001 4a 139.04 149.50
407262002 4a 139.04 149.50
407262003 4a 139.04 149.50
407262004 4a 139.04 149.50
407262005 4a 139.04 149.50
407262006 4a 139.04 149.50
407262007 4a 139.04 149.50
407262008 4a 139.04 149.50
407262009 4a 139.04 149.50
407262010 4a 139.04 149.50
407262011 4a 139.04 149.50
407262012 4a 139.04 149.50
407262013 4a 139.04 149.50
407262014 4a 139.04 149.50
407262015 4a 139.04 149.50
407262016 4a 139.04 149.50
407262017 4a 139.04 149.50
407262018 4a 139.04 149.50
407262019 4a 139.04 149.50
407262020 4a 139.04 149.50
407262021 4a 139.04 149.50
407262022 4a 139.04 149.50
407262023 4a 139.04 149.50
407262024 4a 139.04 149.50
407262025 4a 139.04 149.50
407262026 4a 139.04 149.50
407262027 4a 139.04 149.50
407262028 4a 139.04 149.50
407262029 4a 139.04 149.50
407262030 4a 139.04 149.50
407262031 4a 139.04 149.50
407262032 4a 139.04 149.50
407262033 4a 139.04 149.50
407262036 4a 139.04 149.50
407262037 4a 139.04 149.50
407262038 4a 139.04 149.50
407262039 4a 139.04 149.50
407262040 4a 139.04 149.50
407262041 4a 139.04 149.50
407272002 4a 139.04 149.50
407272003 4a 139.04 149.50
407272004 4a 139.04 149.50
407272005 4a 139.04 149.50
407272006 4a 139.04 149.50
407272007 4a 139.04 149.50
407272008 4a 139.04 149.50
407272009 4a 139.04 149.50
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407272010 4a 139.04 149.50
407272011 4a 139.04 149.50
407272012 4a 139.04 149.50
407272013 4a 139.04 149.50
407272014 4a 139.04 149.50
407272015 4a 139.04 149.50
407272016 4a 139.04 149.50
407272017 4a 139.04 149.50
407273001 4a 139.04 149.50
407273002 4a 139.04 149.50
407273003 4a 139.04 149.50
407273004 4a 139.04 149.50
407273005 4a 139.04 149.50
407273006 4a 139.04 149.50
407273007 4a 139.04 149.50
407273008 4a 139.04 149.50
407273009 4a 139.04 149.50
407273010 4a 139.04 149.50
407273011 4a 139.04 149.50
407273012 4a 139.04 149.50
407273013 4a 139.04 149.50
407273014 4a 139.04 149.50
407273015 4a 139.04 149.50
407273016 4a 139.04 149.50
407273017 4a 139.04 149.50
407273018 4a 139.04 149.50
407273019 4a 139.04 149.50
407273020 4a 139.04 149.50
407273021 4a 139.04 149.50
407273022 4a 139.04 149.50
407273023 4a 139.04 149.50
407273024 4a 139.04 149.50
407273025 4a 139.04 149.50
407273026 4a 139.04 149.50
407273027 4a 139.04 149.50
407273028 4a 139.04 149.50
407273029 4a 139.04 149.50
407273030 4a 139.04 149.50
407273031 4a 139.04 149.50
407273032 4a 139.04 149.50
407273033 4a 139.04 149.50
407273034 4a 139.04 149.50
407273035 4a 139.04 149.50
407273036 4a 139.04 149.50
407273037 4a 139.04 149.50
407273038 4a 139.04 149.50
407281001 4a 139.04 149.50
407281002 4a 139.04 149.50
407281003 4a 139.04 149.50
407281004 4a 139.04 149.50
407281005 4a 139.04 149.50
407281006 4a 139.04 149.50
407281007 4a 139.04 149.50
407281008 4a 139.04 149.50
06/15/23B- 43
256

CITY OF HERCULES
LANDSCAPE AND LIGHTING DISTRICT NO. 83-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407281009 4a 139.04 149.50
407281010 4a 139.04 149.50
407281011 4a 139.04 149.50
407281012 4a 139.04 149.50
407281013 4a 139.04 149.50
407281014 4a 139.04 149.50
407281015 4a 139.04 149.50
407281016 4a 139.04 149.50
407281017 4a 139.04 149.50
407281018 4a 139.04 149.50
407281019 4a 139.04 149.50
407281020 4a 139.04 149.50
407281021 4a 139.04 149.50
407281022 4a 139.04 149.50
407281023 4a 139.04 149.50
407281024 4a 139.04 149.50
407281025 4a 139.04 149.50
407281026 4a 139.04 149.50
407281027 4a 139.04 149.50
407281028 4a 139.04 149.50
407281029 4a 139.04 149.50
407281030 4a 139.04 149.50
407281031 4a 139.04 149.50
407281032 4a 139.04 149.50
407281033 4a 139.04 149.50
407281034 4a 139.04 149.50
407281035 4a 139.04 149.50
407282001 4a 139.04 149.50
407282002 4a 139.04 149.50
407282003 4a 139.04 149.50
407282004 4a 139.04 149.50
407282005 4a 139.04 149.50
407282006 4a 139.04 149.50
407282007 4a 139.04 149.50
407282008 4a 139.04 149.50
407282009 4a 139.04 149.50
407282010 4a 139.04 149.50
407282011 4a 139.04 149.50
407282012 4a 139.04 149.50
407282013 4a 139.04 149.50
407282014 4a 139.04 149.50
407282015 4a 139.04 149.50
407282016 4a 139.04 149.50
407282017 4a 139.04 149.50
407282018 4a 139.04 149.50
407282019 4a 139.04 149.50
407282020 4a 139.04 149.50
407282021 4a 139.04 149.50
407282022 4a 139.04 149.50
407282023 4a 139.04 149.50
407282024 4a 139.04 149.50
407282025 4a 139.04 149.50
407282026 4a 139.04 149.50
407290009 4 4411.54 0.00
Assessor's
Parcel
Number
Local Zone
AmountZone
Zone 10
Amount
407301001 4a 139.04 149.50
407301002 4a 139.04 149.50
407301003 4a 139.04 149.50
407301004 4a 139.04 149.50
407301005 4a 139.04 149.50
407301006 4a 139.04 149.50
407301007 4a 139.04 149.50
407301008 4a 139.04 149.50
407301009 4a 139.04 149.50
407301010 4a 139.04 149.50
407301011 4a 139.04 149.50
407301012 4a 139.04 149.50
407301013 4a 139.04 149.50
407301014 4a 139.04 149.50
407302001 4a 139.04 149.50
407302002 4a 139.04 149.50
407302003 4a 139.04 149.50
407302004 4a 139.04 149.50
407302005 4a 139.04 149.50
407302006 4a 139.04 149.50
407302007 4a 139.04 149.50
407302008 4a 139.04 149.50
407302009 4a 139.04 149.50
407302010 4a 139.04 149.50
407302011 4a 139.04 149.50
407302012 4a 139.04 149.50
407302013 4a 139.04 149.50
407302014 4a 139.04 149.50
407302015 4a 139.04 149.50
407312001 3a 139.04 149.50
407312002 3a 139.04 149.50
407312003 3a 139.04 149.50
407312004 3a 139.04 149.50
407312005 3a 139.04 149.50
407312006 3a 139.04 149.50
407312007 3a 139.04 149.50
407312008 3a 139.04 149.50
407312009 3a 139.04 149.50
407312010 3a 139.04 149.50
407312011 3a 139.04 149.50
407312012 3a 139.04 149.50
407313001 3a 139.04 149.50
407313002 3a 139.04 149.50
407313003 3a 139.04 149.50
407313004 3a 139.04 149.50
407313005 3a 139.04 149.50
407313006 3a 139.04 149.50
407313007 3a 139.04 149.50
407313008 3a 139.04 149.50
407313009 3a 139.04 149.50
407313010 3a 139.04 149.50
$984,039.52
06/15/23B- 44
257

APPENDIX “C”

LOAN REPAYMENT SCHEDULES
258
Fiscal
Year (FY)
Balance Owed at
Beginning of FY
Repayment to
Zone 10
Fiscal
Year (FY)
Balance Owed at
Beginning of FY
Repayment to
General Fund
FY 2019-20 $202,595.00 $20,259.50 FY 2021-22 $421,920.00 $42,192.00 FY 2020-21 $182,335.50 $20,259.50 FY 2022-23 $379,728.00 $42,192.00 FY 2021-22 $162,076.00 $20,259.50 FY 2023-24 $337,536.00 $42,192.00 FY 2022-23 $141,816.50 $20,259.50 FY 2024-25 $295,344.00 $42,192.00 FY 2023-24 $121,557.00 $20,259.50 FY 2025-26 $253,152.00 $42,192.00 FY 2024-25 $101,297.50 $20,259.50 FY 2026-27 $210,960.00 $42,192.00 FY 2025-26 $81,038.00 $20,259.50 FY 2027-28 $168,768.00 $42,192.00 FY 2026-27 $60,778.50 $20,259.50 FY 2028-29 $126,576.00 $42,192.00 FY 2027-28 $40,519.00 $20,259.50 FY 2029-30 $84,384.00 $42,192.00 FY 2028-29 $20,259.50 $20,259.50 FY 2030-31 $42,192.00 $42,192.00 FY 2029-30 $0.00 $0.00 FY 2031-32 $0.00 $0.00
Fiscal
Year (FY)
Balance Owed at
Beginning of FY
Repayment to
General Fund
Fiscal
Year (FY)
Balance Owed at
Beginning of FY
Repayment to
Zone 10
FY 2021-22 $176,370.00 $17,637.00 FY 2019-20 $338,670.00 $33,867.00 FY 2022-23 $158,733.00 $17,637.00 FY 2020-21 $304,803.00 $33,867.00 FY 2023-24 $141,096.00 $17,637.00 FY 2021-22 $270,936.00 $33,867.00 FY 2024-25 $123,459.00 $17,637.00 FY 2022-23 $237,069.00 $33,867.00 FY 2025-26 $105,822.00 $17,637.00 FY 2023-24 $203,202.00 $33,867.00 FY 2026-27 $88,185.00 $17,637.00 FY 2024-25 $169,335.00 $33,867.00 FY 2027-28 $70,548.00 $17,637.00 FY 2025-26 $135,468.00 $33,867.00 FY 2028-29 $52,911.00 $17,637.00 FY 2026-27 $101,601.00 $33,867.00 FY 2029-30 $35,274.00 $17,637.00 FY 2027-28 $67,734.00 $33,867.00 FY 2030-31 $17,637.00 $17,637.00 FY 2028-29 $33,867.00 $33,867.00 FY 2031-32 $0.00 $0.00 FY 2029-30 $0.00 $0.00
1Repayment schedule for loan from Zone 10 to replace wooden streetlight poles. 2Repayment schedule for loan from General Fund to replace wooden streetlight poles.

Zone 7 (Heights)1
Zone 1 (Hercules by the Bay)1 Zone 3&4 (Gems/Birds)2
Zone 6 (Village Parkway)2
C-2
259

City of Hercules
Bayside Landscaping and Lighting
Assessment District No. 2005-1
Fiscal Year 2023-24
Preliminary Engineer’s Report

June 27, 2023
260

TABLE OF CONTENTS

Page No.

Directory ................................................................................................................ i

Signatures ............................................................................................................. ii

Section I – Introduction ......................................................................................... 1

Section II – Engineer’s Report .............................................................................. 2

Part A – Plans and Specifications ................................................................... 4

Part B – Estimate of Cost ................................................................................ 6 Table 1: Budget............................................................................... 7

Part C – Assessment District Diagram ............................................................ 8

Part D – Method of Apportionment of Assessments ...................................... 10

Part E – Property Owner List & Assessment Roll .......................................... 17

Appendix A – Improvements Diagram ............................................................... A-1

Appendix B – Public Property Assessments ...................................................... B-1

Appendix C – Assessment Roll ........................................................................ C-1

261

CITY OF HERCULES

BAYSIDE

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1

FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF

Alexander Walker-Griffin
Mayor

Dan Romero
Vice Mayor

Dion Bailey
Council Member
Chris Kelley
Council Member

Tiffany Grimsley
Council Member

Dante Hall
City Manager

Patrick Tang
City Attorney

Edwin Gato
Finance Director

Eibleis Melendez
City Clerk

Mike Roberts
Public Works Director

Francisco & Associates
Assessment Engineer
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ENGINEER’S REPORT

CITY OF HERCULES

BAYSIDE

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1

FISCAL YEAR 2023-24
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.

Dated: J une 15, 2023 By___________________________________ Eduardo R. Espinoza, P.E.

RCE No. 83709

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 ________, 2023.

Eibleis Melendez, City Clerk
City of Hercules
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 City Council of the City of Hercules, Contra Costa County, California, on t he _________ day of _______, 2023.

Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California

By___________________________________
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SECTION I

INTRODUCTION

Background Information
The land which lies within the boundaries of the Vesting Tentative Map for Subdivision 8764, (known hereafter as “Bayside”) was formerly assessed as vacant commercial land, designated as Zone 5C within City of Hercules Landscaping and Lighting Assessment District No. 83-2 (LLAD 83-2). Bayside was required to install landscaping, streetlighting, park and recreational improvements as a condition of approval of the development. The Bayside improvements are distinct from other improvements within the existing LLAD 83- 2 and require a higher level of maintenance.

The City Council adopted a Resolution in March, 2005, which detached Bayside from LLAD 83-2, formed the District, levied the first annual assessment and authorized the City Council to annually adjust assessment rates according to the index as set forth in the Engineer’s Report. The index defined in the Engineer’s Report is the change in the San Francisco Bay Area’s Annual Consumer Price Index – All Urban Consumers (CPI) for the previous calendar year.

Current Annual Administration
As required by the 1972 Act, this Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 2023-24, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The Hercules City Council may amend the method of assessment from time to time in order to apportion the costs in relation to the special benefits being received. However, any increase in the assessments from the prior year, other than the annual increase from the CPI adjustment, will be subject to the applicable requirements of Proposition 218.

The Hercules City Council will hold a Public Hearing on Ju ly 11, 20 23 to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing the City Council may adopt a resolution confirming the levy of assessments as originally proposed. Following the adoption of this resolution, the Final Assessor’s Roll will be prepared and filed with the Contra Costa County Auditor’s Office, to be included on the FY 2023-24 tax roll.

Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this Report.

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SECTION II

ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF HERCULES

BAYSIDE

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1

FISCAL YEAR 2023-24

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, being Resolution ____ adopted by the City Council of the City of Hercules on June 27, 20 23, I , Eduardo R. Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Hercules Bayside Landscaping and Lighting Assessment Distri ct No. 2005-1 ( the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Hercules, and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements to be maintained for FY 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto, and is on file in the Office of the Director of Public Works of the City of Hercules.

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PART C: ASSESSMENT DISTRICT DIAGRAM

This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Hercules.

The lines and dimension of each lot or parcel within the District 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 a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS

This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Hercules and is incorporated in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

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PART A

PLANS AND SPECIFICATIONS

The facilities that have been constructed within the District boundaries, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described below:

The park landscaping and streetlight ing improvements to be maintained by the District are shown on the improvement plans for Bayside prepared the developer which plans are available for review in the Office of the Director of Public Works and are incorporated into this report by reference. Areas to be maintained are located within rights of way, which are dedicated to the public on the subdivision final maps. The areas that are to be maintained by the Homeowners Association or “HOA” have not been dedicated to the public and are not funded by District assessments.

The improvements are more specifically desc ribed as the 0.67- acre Bayside neighborhood park and the public streetlights within the boundaries of the District.

The “Neighborhood” improvements to be maintained are defined as the neighborhood park and lighting improvements within the development. Improvements to be maintained include trees, shrubs, vines, ground cover, turf, park improvements and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adj ustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

The “City-wide” improvements to be maintained and paid for by Bayside property owners are generally defined as arterial/major roadway landscape and lighting maintenance.

Improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

Improvements means one or any combination of the following: the installation or planting of landscaping, the installation or construction of statuary, fountains, and other ornamental structures and facilities; the installation or construction of public lighting facilities; the installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, 267
or electrical facilities; the maintenance or servicing, or both, of any of the foregoing; the acquisition of any existing improvement otherwise authorized pursuant to this section.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, streetlighting, public park and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, streetlight ing, public park , sidewalks, and recreational facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any streetlight ing facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the streetlighting, public park and recreational facilities or appurtenant facilities.

Incidental expenses associated with the improvements including, but not limited to: the cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; the costs of printing, advertising, and the publishing, posting and mailing of notices; compensation payable to the County for collection of assessments; compensation of any engineer or attorney employed to render services; any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5; costs associated with any elections held for the approval of a new or increased assessment.

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PART B

ESTIMATE OF COST

The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, streetlight ing and park and recreational facilities can be recovered by the District. Maintenance can include the repair and replacement of existing facilities, including graffiti removal. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting and mailing of notices and all other costs associated with the annual collection process can also be included.

The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution by the City of Hercules may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and operating reserves.

The operation, maintenance and servicing costs for FY 2023-24 are summarized on the following page. These cost estimates were provided by the City of Hercules.

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TABLE 1

*All parcels in the City pay their share of special benefit conferred to property on a per ERU basis for costs related to the City's Arterials/Major Roads landscaping and streetlighting improvements. The FY 202 3-24 estimated budget for the City's Arterial/Major Roads landscaping and streetlighting improvements is approximately $337,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $32.66/ERU.

REVENUES
Assessments $158,085
Public Agency Assessments $1,008
General Benefit Contribution $2,611
TOTAL REVENUES: $161,705

ESTIMATED ANNUAL EXPENDITURES
Personnel $35,375
Transfer for Arterials/Major Roads Landscape and
Lighting Maintenance* $18,789
Landscaping, Open Space, and Associated Repairs $50,000 Tree Trimming $0
Electricity and Streetlight Repairs $12,000
Landscape and Facilities Water $20,000
Supplies and Vehicle Repairs $0
Assessment Engineering Cost $2,460
Incidental / Direct Admin Cost $10,100
County Fees $618
TOTAL ANNUAL EXPENDITURES: $149,342

CAPITAL IMPROVEMENT PROJECTS (CIP)
Tree Replacement $0
Other Capital Improvement Projects $0
TOTAL CIP EXPENDITURES: $0

TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $149,342

FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2023 $146,456
FY 2023-24 Reserve Collection Increase/(Decrease) $12,362 Ending Balance - Projected June 30, 2024 $158,818
Recommended Operating Reserves $74,671
Available Operating Reserves $74,671
Available Capital Reserves $84,147

DISTRICT STATISTICS
Total Parcels 526
Total Parcels Levied 483
Total Equivalent Residential Units (ERU) 575.300
Maximum Levy per Benefit Unit $276.54
Applied Levy per Benefit Unit $276.54
LANDSCAPING AND LIGHTING DISTRICT NO. 2005-1
(BAYSIDE)

INCOME AND EXPENSE
FISCAL YEAR 2023-24
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PART C

ASSESSMENT DISTRICT DIAGRAM

The boundaries of the District are contiguous with the boundaries of Subdivision 8764 .

The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page.

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/80/97/114/99/101/108/115/32/108/111/99/97/116/101/100/32/119/105/116/104/105/110 /116/104/101/32/76/76/65/68/32/50/48/48/53/45/49
/67/105/116/121/32/76/105/109/105/116
/76/69/71/69/78/68
/66/97/115/101/109/97/112
/76/76/65/68/32/50/48/48/53/45/49/32/66/111/117/110/100/97/114/121 /80/114/111/106/47/72/101/114/99/117/108/101/115/47/70/89/49/50/45/49/51/47/68/105/97/103/114/97/109/115/47/50/48/48/53/45/49/95/100/105/97/103/114/97/109/46/112/100/102/32/32/40/48/52/45/49/53/45/49/48/32/83/65/41 /78
/67/73/84/89/32/79/70/32/72/69/82/67/85/76/69/83
/76/65/78/68/83/67/65/80/73/78/71/32/38/32/76/73/71/72/84/73/78/71/32/68/73/83/84/82/73/67/84 /65/83/83/69/83/83/77/69/78/84/32/68/73/65/71/82/65/77
/76/76/65/68/32/50/48/48/53/45/49
/67/105/116/121/32/111/102/32/72/101/114/99/117/108/101/115 /82/73/68/71/69/86/69/73/87
/79/86/69/82/76/79/79/75
/79
/84/65/82/65/89/65
/87/73/76/76/69/84
/83/65/78/68/69/82/76/73/78/71
/65/86/79/67/69/84
/66/65/89/87/79/79/68
/67/82/69/69/75/83/73/68/69
/82/73/77/82/79/67/75
/83/72/73/80/87/65/84/67/72
/82/73/86/69/82/86/73/69/87
/67/82/69/83/84/82/73/68/71/69
/82/79/67/75/89/32/80/79/73/78/84/69
/69
/83/89/67/65/77/79/82/69
/83/89/67/65/77/79/82/69
/83/65/78/32/80/65/66/76/79
/83/89/67/65/77/79/82/69
/78/32/70/82/79/78/84
/83/32/70/82/79/78/84
/76/69/87/73/83
/76/69/87/73/83
/84/83/85/83/72/73/77/65
/67/65/66/82/73/76/76/79
/68/69/32/65/78/90/65
/83/32/70/82/79/78/84
/67/76/65/82/75
/67/69/78/84/82/65/76
/67/69/78/84/82/65/76
/84/83/85/83/72/73/77/65
/65/76/70/82/69/68/32/78/79/66/69/76
/65/76/70/82/69/68/32/78/79/66/69/76
/83/65/78/32/80/65/66/76/79
/68/82/65/75/69
/83/69/82/82/65
/76/76/65/68/32/50/48/48/53/45/49
/80/82/69/80/65/82/69/68/32/66/89/32/70/82/65/78/67/73/83/67/79/32/38/32/65/83/83/79/67/73/65/84/69/83/44/32/73/78/67 272

PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS

INTRODUCTION

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, streetlight ing and park and recreational facilities.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to special benefit, rather than according to assessed value. This Section states:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.

The determination of whether 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].”

Because assessments are levied on the basis of special benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

The Act permits the d esignation of zones of benefit within any individual assessment district if “by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement s” (Sec. 22574).

Article XIIID provided 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 residential, commercial, industrial and institutional activities.

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GENERAL BENEFIT

Under Article XIIID of the State Constitution (Proposition 218) general benefit is not assessable to the property owners within the assessment district. The different various types of general benefit associated with this district are described below:

Neighborhood Improvements: It is anticipated that there will be minimal flow through traffic within the in- tract neighborhood streets associated with LLAD No. 2005-1. However, there is a possibility for pedestrians and vehicles to access a destination outside of the development through the in- tract streets and therefore the in-tract streetlighting and landscape improvements provide a minimal general benefit to the public-at-large or to the parcels outside of LLAD 2005 -1. Based on the industry standard for comparable neighborhoods, 2% of the annual cost to operate and maintain the in- tract streetlighting and landscape improvements is considered to be a general benefit.

Arterial/Major Roads Landscape and Lighting Maintenance: The arterial/major roadways allow residents to easily access all areas of the City and provide a clear benefit to all properties in the City. Therefore, landscape and lighting maintenance costs associated with the arterial/major roads are spread proportionately to all parcels in the City. The roads that fall into this category are John Muir Parkway, San Pablo Avenue, Refugio Valley Road, Sycamore Avenue, and Willow Avenue.

Although these roads are mostly utilized by people coming to and from Hercules, there is some general benefit that can be attributed to flow through traffic generated from properties outside of City limits. Based on an initial circulation analysis, it is estima ted that an average of 6% of traffic on these roads can be attributed to flow through traffic. The City will conduct a study to better estimate the percentage of flow through traffic.

SPECIAL BENEFIT

Most of the improvements to be serviced and maintained by the assessment district have been constructed as a condition of approval of Bayside and are of special benefit to the various parcels of land within this development. These special benefit are summarized below.

Streetlighting: Streetlight ing is critical for public safety. Well- maintained streetlighting provides security to the adjacent properties by deterring crime and allowing Hercules police the ability to identify and control suspicious and criminal activity. It allows for sa fe pedestrian and vehicular traffic flow and circulation by improving the ability of pedestrians and motorists to see and to enter and exit property, which helps reduce night time accidents resulting in lower police, fire and paramedic costs to the City and its residents. Streetlight ing also increases the promotion of business during nighttime hours in the case of commercial property.

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Landscaped Streetscapes and Roadway Medians: The District keeps the City’s landscaped streetscapes and roadway medians well-groomed and irrigated which enhances property values throughout the City. These services include, landscape maintenance, plant replacement, irrigation, tree pruning, and litter control. Some of the special benefits properties receive from well -maintained landscaping include:
• The aesthetic value of green space;
• Improved aesthetic appeal of nearby parcels;
• Enhanced adaptation of the urban environment within the natural environment;
• Improved erosion control;
• Improved dust and debris control;
• Reduced air pollution;
• Enhanced sense of pride within the development and community.

Parks and Recreational Facilities: The District provides landscape and recreational facility maintenance at Bayside Park which enhances property values within the District. These ser vices include, landscape maintenance, playground equipment cleaning and replacement, irrigation, tree pruning, plant replacement and litter control.

Open Space Cleanup and Graffiti Abatement
Miscellaneous improvements such as the removal of litter, debris, and graffiti are of special benefit to each property within the District.

The special benefit s received by these may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant reduction in the quality of life could be significant. In contrast to the current conditions, one c ould find streets without lights, parks parched from lack of water, hillsides littered with debris, unkempt community facilities with graf fiti and traffic medians overtaken by weeds. The resulting loss to property in terms of the desirability of the City of Hercules as a place to live and work would be obvious. Clearly the continuation of the City’s maintenance effort is of special benefit to each property owner within the District.

The City’s maintenance effort , referred to as the “improvements” , is divided into two distinct categories, Neighborhood and Arterial/Major Roadway Improvements and City- wide Park Improvements. These categories of improvements are described as follows:

ASSESSMENT METHODOLOGY

The total operation, maintenance and servicing costs for the landscaping, streetlight ing and public park and recreational facilities are apportioned in accordance with the methodology stated herein. The method for spreading the costs to each parcel is based on an Equivalent Residential Unit (ERU) factor.

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1. Single-Family Residences

Neighborhood Improvements. Although the individual parcel size, building square footage and population for each parcel may vary from parcel to parcel the benefit received is approximately the same from the improvements. Even though a residential parcel may have more building square footage than another it does not necessarily mean that the larger home receives a greater benefit. Therefore one (1) residential parcel shall be equal to one (1) ERU.

2. Multi-Family Residential
The special benefit received by Multi -family Residential (MFR) units (including condominiums) may be determined by comparing them to SFRs. Benefits per dwelling unit are observed to be greater for SFR units than for MFR units. MFR units receive decreased benefits per dwelling unit from the improvements in terms of property benefit because the number of u nits supporting the fixed improvements is larger than for SFR detached units. On the other hand MFR units receive increased benefits from parks and recreation facilities. The Urban Land Institute has established a series of land use intensity ratings, which indicate the smaller units require more public open space and recreational areas per unit than do SFR parcels.

An average SFR lot in Victoria by the Bay has approximately 6,000 sq. ft. One can assume the average building area of a SFR unit will be 2,300 square feet and MFR unit to be 900 square feet. Based upon density studies for neighboring communities, it is reasonable to assume that SFR and MFR will have 3 and 2 persons per unit, respectively. It is reasonable to assume that a vacant lot will require 25% the maintenance effort for an improved (occupied) lot. The remaining 75% of the benefit may be said to be related to parcel use. Equivalent Residential Units (ERU) for MFR units are calculated as follows:

Relative Benefits = 0.25 (Lot Area / Person) + 0.75 (Bldg. Area / Person) (SFR Lot Area / Person) (SFR Bldg. Area / Person)
Assume MFR = 2,600 SFLot / Unit
900 SFBldg. / Unit

2.0 Persons per Unit
Assume SFR = 6,000 SFLot / Unit
2,300 SFBldg. / Unit

3.0 Persons per Unit
Benefit = 0.25 (2,600 / 2) + 0.75 (900 / 2)
(6,000 / 3) (2,300 / 3)
MFR Benefit = 0.16 + 0.44 = 0.60 ERU
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3. Commercial Property
Use of a commercial property is measured in terms of whether or not a parcel has been improved (built upon) or not. If a structure exists then the parcel is perceived to benefit from user benefits afforded the parcel by landscaping and lighting improvements as well as the benefits to the underlying land. Therefore, improved commercial properties are assessed one (1) ERU per acre of land.

4. Vacant (Unimproved) Land
This underlying benefit of parks and recreation facilities, public landscaping weed abatement and streetlighting accrues to the land and relates to the permanent nature of certain improvements. The maintenance effort is of benefit to all land within the District. The minimum level of maintenance required to preserve street landscaping, lighting, park and recreation facilities in the District is estimated to be 25% of the required for build-out maintenance cost. Accordingly, the estimated benefit received by an unimproved parcel of land within an approved development potential is 25% of that received by an improved parcel, equal in size. This assumes that unimproved land will have no use of the facilities.

Therefore, vacant (unimproved) land is assessed at 25% of the developed ERU rate for the property.

5. Public Properties
City parks benefit from the neighborhood services provided by the neighborhood in which they are located. The benefit received is closely related to the improved frontage and not the area of the lot or the building. If one assumes that the depth of a standard lot in the City is 100 feet, the number of ERU’s corresponding to this frontage benefit would be equal to the street frontage of the park or recreation facility times 100 feet divided by 8,485, the average size of a SFR in Hercules. This same frontage benefit analysis is used for other public properties in the City of Hercules. Therefore, improved public properties are assigned ERUs using the following formula:

Lot Frontage x 100 / 8,485 = ERUs

Open space in residential neighborhoods may be seen to benefit from the safety provided to the land by streetlight ing but not from other user related services. The ERU for public open space are therefore estimated to be equal to the parcel frontage times 100 feet of lot depth times 25% divided by 8,485. Therefore, open space parcels are assigned ERUs using the following formula:

Lot Frontage x 100 / 8,485 x 25% = ERUs

However, Lot Frontage x 100 cannot exceed the actual area of the parcel.

6. Exempt Parcels
Certain properties do not benefit from landscaping, lighting, park and recreational improvements and have not been assessed. City parks, recreational facilities and open space do not benefit from the features, which are the subject of the assessment. 277
These properties on the other hand may benefit from the neighborhood landscaping and lighting services provided in the neighborhoods in which they are located. Public streets and right of ways do not benefit from landscaping and lighting improvements or from park and recreation facilities. Railroad right of ways and pipeline easements or fee strips generally do not benefit. The assessments for the special benefits received by common areas are included in the assessment for the residential units with which they are associated. Common areas themselves are not assessed.

CALCULATION OF ASSESSMENTS

The costs shown in Table 1 Part B, Estimate of Cost, has been distributed among the various parcels of land within the assessment district in accordance with the rationale described above to determine the applied assessment rate. The applied assessment rate is then multiplied by each parcel ’s assigned ERUs to derive the annual assessment for that parcel. Assessments for all parcels are listed in Appendix “ C”. The total ERUs and the applied assessment rates are shown in Table 1, Part B, Estimate of Cost. The following table shows the FY 2023-24 assessments for various land use classifications:

There is one mixed use residential/commercial parcel (APN 404 -020-096) within the District. This parcel has approximately 13 ,000 square feet of commercial building area and 147 Multi-Family housing units. Therefore, for purposes of deriving the assessment, one-third (1/3) of the parcel area has been attributed to the commercial enterprise. The residential portion of the assessment will be calculated using the number of units.

Commercial – 1.87 acres / 3 = 0.623 acres - Neighborhood 0.623 ERUs Multi-Family Units – 147 units x 0.60 per unit - Neighborhood 88.200 ERUs

Assessment = (88.823 ERUs) x $276.54 = $24,563.10

CPI INCREASE

The City can levy assessments every year up to the maximum assessment, which is increased by the annual change in the Consumer Price Index (CPI), San Francisco Bay Region All Urban Consumers. The applicable increase in the maximum assessment for FY 2023-24 is 5.3%.

$276.54 per lot $276.54 per lot
$69.14 per lot $69.14 per lot
$165.92 per unit $165.92 per unit
$82.96 per unit $82.96 per unit
FY 2023-24
Maximum Applied
Assessment Assessment
Vacant Single-Family
Multi-Family Residential
Deed-Restricted Affordable Housing Unit
Classification
FY 2023-24
Single-Family Residence
278

MAXIMUM ASSESSMENT

For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, as adjusted by the CPI increase described above unless a special proceeding is conducted and affirmed according to law.

DURATION O

F ASSESSMENTS

Assessments will be levied in perpetuity unless otherwise determined by City Council.

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PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the District is shown on the last equalized Secured 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 proposed amount of assessments for FY 2023-24 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hercules and is shown in this Report as Appendix “C”.

The total proposed revenue from assessments for FY 2023-24 is $159,093.44.

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APPENDIX “A”

IMPROVEMENTS DIAGRAM
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LLAD NO. 2005-1 NEIGHBORHOOD MAINTENANCE IMPROVEMENT DIAGRAM 0 200
Feet
± SYCAMORE AVE

TSUSHIMA ST

FRONT ST
LEGEND
# STREET LIGHTS

DISTRICT BOUNDARY
PARKS
2005-1 PARCELS

PARCELS

CENTRAL ST

FRONT ST

JOHN MUIR PKWY

CLARK ST

LEWIS ST

DRAKE LN

BAYSIDE PARK

SHASTA LN

TIOGALOOP

SHASTA PARK

SIERRA PARK
282

APPENDIX “B”

PUBLIC PROPERTY ASSESSMENTS

283
APN LocationOwner/Use ERUUnits Acres
Neighborhood
Amount

CITY OF HERCULES

BAYSIDE LANDSCAPING
AND LIGHTING DISTRICT NO. 2005-1

PUBLIC PROPERTY ASSESSMENTS
FY 2023-24
404700173 TSUSHIMACity/Park 0 0.710 3.645 $1,007.98 Total: 0 0.710 3.645 $1,007.98
B- 2
284

APPENDIX “C”

ASSESSMENT ROLL

285

CITY OF HERCULES

BAYSIDE LANDSCAPE
AND LIGHTING DISTRICT NO. 2005-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404020096 $24,563.10
404690001 $276.54
404690002 $276.54
404690003 $276.54
404690004 $276.54
404690005 $276.54
404690006 $276.54
404690007 $276.54
404690008 $276.54
404690009 $276.54
404690010 $276.54
404690011 $276.54
404690012 $276.54
404690013 $276.54
404690014 $276.54
404690015 $276.54
404690016 $276.54
404690017 $276.54
404690018 $276.54
404690019 $276.54
404690020 $276.54
404690021 $276.54
404690022 $276.54
404690023 $276.54
404690024 $276.54
404690025 $276.54
404690026 $276.54
404690027 $276.54
404690028 $276.54
404690029 $276.54
404690030 $276.54
404690031 $276.54
404690032 $276.54
404690033 $276.54
404690034 $276.54
404690035 $276.54
404690036 $276.54
404690037 $276.54
404690038 $276.54
404690039 $276.54
404690040 $276.54
404690041 $276.54
404690042 $276.54
404690043 $276.54
404690044 $276.54
404690045 $276.54
404690046 $276.54
404690047 $276.54
404690048 $276.54
404690049 $276.54
404690050 $276.54
404690051 $276.54
404690052 $276.54
404690053 $276.54
Assessor's
Parcel
Number
Neighborhood
Amount
404690054 $276.54
404690055 $276.54
404690056 $276.54
404690057 $276.54
404690058 $276.54
404690059 $276.54
404690060 $276.54
404690061 $276.54
404690062 $276.54
404690063 $276.54
404690064 $276.54
404690065 $276.54
404690066 $276.54
404690067 $276.54
404690068 $276.54
404690069 $276.54
404690070 $276.54
404690071 $276.54
404690072 $276.54
404690073 $276.54
404690074 $276.54
404690075 $276.54
404690076 $276.54
404690077 $276.54
404690078 $276.54
404690079 $276.54
404690080 $276.54
404690081 $276.54
404690082 $276.54
404690083 $276.54
404690084 $276.54
404690085 $276.54
404690086 $276.54
404690087 $276.54
404690088 $276.54
404690089 $276.54
404690090 $276.54
404690091 $276.54
404690092 $276.54
404690093 $276.54
404690094 $276.54
404690095 $276.54
404690096 $276.54
404690097 $276.54
404690098 $276.54
404690099 $276.54
404690100 $276.54
404690101 $276.54
404690102 $276.54
404690103 $276.54
404690104 $276.54
404690105 $276.54
404690106 $276.54
404690107 $276.54
Assessor's
Parcel
Number
Neighborhood
Amount
404690108 $276.54
404690109 $276.54
404690110 $276.54
404690111 $276.54
404690112 $276.54
404690113 $276.54
404690114 $276.54
404690115 $276.54
404690116 $276.54
404690117 $276.54
404690118 $276.54
404690119 $276.54
404690120 $276.54
404690121 $276.54
404690122 $276.54
404690123 $276.54
404690124 $276.54
404690125 $276.54
404690126 $276.54
404690127 $276.54
404690128 $276.54
404690129 $276.54
404690130 $276.54
404690131 $276.54
404690132 $276.54
404690133 $276.54
404690134 $276.54
404690135 $276.54
404690136 $276.54
404690137 $276.54
404690138 $276.54
404690139 $276.54
404690140 $276.54
404690141 $276.54
404690142 $276.54
404690143 $276.54
404690144 $276.54
404690145 $276.54
404690146 $276.54
404690147 $276.54
404690148 $276.54
404690149 $276.54
404690150 $276.54
404690151 $276.54
404690152 $276.54
404690153 $276.54
404690154 $276.54
404690155 $276.54
404690156 $276.54
404690157 $276.54
404690158 $276.54
404690159 $276.54
404690160 $276.54
404690161 $276.54
06/14/23C-2
286

CITY OF HERCULES

BAYSIDE LANDSCAPE
AND LIGHTING DISTRICT NO. 2005-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404690162 $276.54
404690163 $276.54
404700001 $276.54
404700002 $276.54
404700003 $276.54
404700004 $276.54
404700005 $276.54
404700006 $276.54
404700007 $276.54
404700008 $276.54
404700009 $276.54
404700010 $276.54
404700011 $276.54
404700012 $276.54
404700013 $276.54
404700014 $276.54
404700015 $276.54
404700016 $276.54
404700017 $276.54
404700018 $276.54
404700019 $276.54
404700020 $276.54
404700021 $276.54
404700022 $276.54
404700023 $276.54
404700024 $276.54
404700025 $276.54
404700026 $276.54
404700027 $276.54
404700028 $276.54
404700029 $276.54
404700030 $276.54
404700031 $276.54
404700032 $276.54
404700033 $276.54
404700034 $276.54
404700035 $276.54
404700036 $276.54
404700037 $276.54
404700038 $276.54
404700039 $276.54
404700040 $276.54
404700041 $276.54
404700042 $276.54
404700043 $276.54
404700044 $276.54
404700045 $276.54
404700046 $276.54
404700047 $276.54
404700048 $276.54
404700049 $276.54
404700050 $276.54
404700051 $276.54
404700052 $276.54
Assessor's
Parcel
Number
Neighborhood
Amount
404700053 $276.54
404700054 $276.54
404700055 $276.54
404700056 $276.54
404700057 $276.54
404700058 $276.54
404700059 $276.54
404700060 $276.54
404700061 $276.54
404700062 $276.54
404700063 $276.54
404700064 $276.54
404700065 $276.54
404700066 $276.54
404700067 $276.54
404700068 $276.54
404700069 $276.54
404700070 $276.54
404700071 $276.54
404700072 $276.54
404700073 $276.54
404700074 $276.54
404700075 $276.54
404700076 $276.54
404700077 $276.54
404700078 $276.54
404700079 $276.54
404700080 $276.54
404700081 $276.54
404700082 $276.54
404700083 $276.54
404700084 $276.54
404700085 $276.54
404700086 $276.54
404700087 $276.54
404700088 $276.54
404700089 $276.54
404700090 $276.54
404700091 $276.54
404700092 $276.54
404700093 $276.54
404700094 $276.54
404700095 $276.54
404700096 $276.54
404700097 $276.54
404700098 $276.54
404700099 $276.54
404700100 $276.54
404700101 $276.54
404700102 $276.54
404700103 $276.54
404700104 $276.54
404700105 $276.54
404700106 $276.54
Assessor's
Parcel
Number
Neighborhood
Amount
404700107 $276.54
404700108 $276.54
404700109 $276.54
404700110 $276.54
404700111 $276.54
404700112 $276.54
404700113 $276.54
404700114 $276.54
404700115 $276.54
404700116 $276.54
404700117 $276.54
404700118 $276.54
404700119 $276.54
404700120 $276.54
404700121 $276.54
404700122 $276.54
404700123 $276.54
404700124 $276.54
404700125 $276.54
404700126 $276.54
404700127 $276.54
404700128 $276.54
404700129 $276.54
404700130 $276.54
404700131 $276.54
404700132 $276.54
404700133 $276.54
404700134 $276.54
404700135 $276.54
404700136 $276.54
404700137 $276.54
404700138 $276.54
404700139 $276.54
404700140 $276.54
404700141 $276.54
404700142 $276.54
404700143 $276.54
404700144 $276.54
404700145 $276.54
404700146 $276.54
404700147 $276.54
404700148 $276.54
404700149 $276.54
404700150 $276.54
404700151 $276.54
404700152 $276.54
404700153 $276.54
404700154 $276.54
404700155 $276.54
404700156 $276.54
404700157 $276.54
404700158 $276.54
404700159 $276.54
404700160 $276.54
06/14/23C-3
287

CITY OF HERCULES

BAYSIDE LANDSCAPE
AND LIGHTING DISTRICT NO. 2005-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404700161 $276.54
404700162 $276.54
404700163 $276.54
404700164 $276.54
404700165 $276.54
404700166 $276.54
404700167 $276.54
404700168 $276.54
404700169 $276.54
404700170 $276.54
404700171 $276.54
404700172 $276.54
404700173 $1,007.98
404750001 $276.54
404750002 $276.54
404750003 $276.54
404750004 $276.54
404750005 $276.54
404750006 $276.54
404750007 $276.54
404750008 $276.54
404750009 $276.54
404750010 $276.54
404750011 $276.54
404750012 $276.54
404750013 $276.54
404750014 $276.54
404750015 $276.54
404750016 $276.54
404750017 $276.54
404750018 $276.54
404750019 $276.54
404750020 $276.54
404750021 $276.54
404750022 $276.54
404750023 $276.54
404750024 $276.54
404750025 $276.54
404750026 $276.54
404750027 $276.54
404750028 $276.54
404750029 $276.54
404750030 $276.54
404750031 $276.54
404750032 $276.54
404750033 $276.54
404750034 $276.54
404750035 $276.54
404750036 $276.54
404750037 $276.54
404750038 $276.54
404750039 $276.54
404750040 $276.54
404750041 $276.54
Assessor's
Parcel
Number
Neighborhood
Amount
404750042 $276.54
404750043 $276.54
404750044 $276.54
404750045 $276.54
404750046 $276.54
404750047 $276.54
404750048 $276.54
404750049 $276.54
404750050 $276.54
404750051 $276.54
404750052 $335.72
404760001 $276.54
404760002 $276.54
404760003 $276.54
404760004 $276.54
404760005 $276.54
404760006 $276.54
404760007 $276.54
404760008 $276.54
404760009 $276.54
404760010 $276.54
404760011 $276.54
404760012 $276.54
404760013 $276.54
404760014 $276.54
404760015 $276.54
404760016 $276.54
404760017 $276.54
404760018 $276.54
404760019 $276.54
404760020 $276.54
404760021 $276.54
404760022 $276.54
404760023 $276.54
404760024 $276.54
404760025 $276.54
404760026 $276.54
404760027 $276.54
404760028 $276.54
404760029 $276.54
404760030 $276.54
404760031 $276.54
404760032 $276.54
404760033 $276.54
404760034 $276.54
404760035 $276.54
404760036 $276.54
404760037 $276.54
404760038 $276.54
404760039 $276.54
404760040 $276.54
404760041 $276.54
404760042 $276.54
404760043 $276.54
Assessor's
Parcel
Number
Neighborhood
Amount
404760044 $276.54
404760045 $276.54
404760046 $276.54
404760047 $276.54
404760048 $276.54
404760049 $276.54
404760050 $276.54
404760051 $276.54
404760052 $276.54
404760053 $276.54
404760054 $276.54
404760055 $276.54
404760056 $276.54
404760057 $276.54
404760058 $276.54
404760059 $276.54
404760060 $276.54
404760061 $276.54
404760062 $276.54
404760063 $276.54
404760064 $276.54
404760065 $276.54
404760066 $276.54
404760067 $276.54
404760068 $276.54
404760069 $276.54
404760070 $276.54
404760071 $276.54
404760072 $276.54
404760073 $276.54
404760074 $276.54
404760075 $276.54
404760076 $276.54
404760077 $276.54
404760078 $276.54
404760079 $276.54
404760080 $276.54
404760081 $276.54
404760082 $276.54
404760083 $276.54
404760084 $276.54
404760085 $276.54
404760086 $276.54
404760087 $276.54
404760088 $276.54
404760089 $276.54
404760090 $276.54
404760091 $276.54
404760092 $276.54
404760093 $276.54
404760095 $723.98
$159,093.44
06/14/23C-4
288

City of Hercules
Baywood Landscaping and Lighting
Assessment District No. 2004-1
Fiscal Year 2023-24
Preliminary Engineer’s Report

June 27, 2023
289

TABLE OF CONTENTS

Page No.

Directory ................................................................................................................ i

Signatures ............................................................................................................. ii

Section I – Introduction ......................................................................................... 1

Section II – Engineer’s Report .............................................................................. 3

Part A – Plans and Specifications ................................................................... 5

Part B – Estimate of Cost ................................................................................ 7 Table 1: Budget............................................................................... 8

Part C – Assessment District Diagram ............................................................ 9

Part D – Method of Apportionment of Assessments ...................................... 11

Part E – Property Owner List & Assessment Roll .......................................... 16

Appendix A – Improvements Diagram ............................................................... A-1

Appendix B – Public Property Assessments ...................................................... B-1

Appendix C – Assessment Roll ........................................................................ C-1

Appendix D – Loan Repayment Schedule ........................................................ D-1

290

CITY OF HERCULES

BAYWOOD

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1

FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF

Alexander Walker-Griffin
Mayor

Dan Romero
Vice Mayor

Dion Bailey
Council Member
Chris Kelley
Council Member

Tiffany Grimsley
Council Member

Dante Hall
City Manager

Patrick Tang
City Attorney

Edwin Gato
Finance Director

Eibleis Melendez
City Clerk

Mike Roberts
Public Works Director

Francisco & Associates
Assessment Engineer
291

ENGINEER’S REPORT

CITY OF HERCULES

BAYWOOD

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1

FISCAL YEAR 2023-24

The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.

Dated: J une 15, 2023 By___________________________________ Eduardo R. Espinoza, P.E.

RCE No. 83709

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 ________, 2023.

Eibleis Melendez, City Clerk
City of Hercules
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 City Council of the City of Hercules, Contra Costa County, California, on the _________ day of _______, 2023.

Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California

By___________________________________

292

SECTION I

INTRODUCTION

Background Information
The land which lies within the boundaries of the Vesting Tentative Map for Subdivision 8599, (known hereafter as “ Baywood”) was formerly assessed as vacant commercial land, designated as Zone 5C within City of Hercules Landscaping and Lighting Assessment District No. 83 -2 (LLAD 83 -2). Baywood was required to install landscaping, streetlight ing, park and recreational improvements as a condition of approval of the development. The Baywood improvements are distinct from other improvements within the existing LLAD 83- 2 and require a higher level of maintenance.

In April of 200 4 an assessment ballot was mailed to the property owners within the boundaries of Baywood on the matter of detaching the subject property from the existing LLAD 83 -2, forming the Baywood Landscaping and Lighting Assessment District No. 2004-1 (the “District”), approving a maximum amount of individual maintenance assessments for future years and authorizing an index by which the stated maximum amount of individual maint enance assessments could be increased in future years without the need for an assessment ballot procedure otherwise required by Section 4 of Article XIIID for an “increased assessment.”

The City Council adopted Resolution 04-035 on April 13, 2004. This resolution detached Baywood from LLAD 83 -2, formed the District, levied the first annual assessment and authorized the City Council to annually adjust assessment rates according to the index as set forth in the Engineer’s Report. The index defined in the Engineer’s Report is the change in the Bay Area’s Annual Consumer Price Index (CPI) for the previous calendar year.

At the April 27, 2021 Council Meeting, the City Council approved the use of a Promissory Note which authorized an inter -fund loan from the City’s General Fund Reserves to the District. The inter -fund loan provided up-front funding for the costs associated with the removal and replacement of trees benefitting the properties within the District. The loan has a zero- interest rate with no pre- payment penalty and will be repaid in a maximum of ten annual installments with assessment revenue generated through the District from FY 2021- 22 through FY 2030- 31. The term of the loan commenced on July 1, 2021 and will expire July 1, 2031.

Current Annual Administration
As required by the 1972 Act, this Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 2023-24, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

293
The Hercules City Council may amend the method of assessment from time to time in order to apportion the costs in relation to the special benefits being received. H owever, any increase in the assessments from the prior year, other than the annual increase from the CPI adjustment, will be subject to the applicable requirements of Proposition 218.

The Hercules City Council will hold a Public Hearing on Ju ly 11, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing the City Council may adopt a resolution confirming the levy of assessments as originally proposed. Following the adoption of this resolution, the Final Assessor’s Roll will be prepared and filed with the Contra Costa County Auditor’s Office, to be included on the FY 2023-24 tax roll.

Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this Report.

294

SECTION II

ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF HERCULES

BAYWOOD

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1

FISCAL YEAR 2023-24

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, being Resolution _____ adopted by the City Council of the City of Hercules on June 27, 2023, I, Eduardo R. Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Hercules Baywood Landscaping and Lighting Assessment Distri ct No. 2004-1 ( the “District”) submit the following Report, consisting of Section I (Introduction), and this , Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements maintained by the District . Plans and specifications for the improvements on file in the Office of the Director of Public Works of the City of Hercules, and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements to be maintained for FY 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto, and is on file in the Office of the Director of Public Works of the City of Hercules.

295
PART C: ASSESSMENT DISTRICT DIAGRAM

This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Hercules.

The lines and dimension of each lot or parcel within the District 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 a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS

This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the amount to be assessed upon the benefited lands within t he District. The Assessment Roll is filed in the Office of the City Clerk of the City of Hercules and is incorporated in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

296
PART A

PLANS AND SPECIFICATIONS

The facilities that have been constructed within the District boundaries, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described below:

The park landscaping and streetlighting improvements to be maintained by the District are shown on the preliminary Landscape Plans for Baywood prepared by Melvin Lee Associates, dated October 200 3, and the final landscape plans submitted, which plans are availabl e for review in the Office of the Director of Public Works and are incorporated into this report by reference. Areas to be maintained are located within rights of way, which are dedicated to the public on the subdivision final maps. An “Improvements Diagram” is included in Appendix “A” of this report. This diagram shows the improvements and maintenance services to be funded by the District. The areas indicated on the improvements diagram to be maintained by the Homeowners Association or “HOA” have not been dedicated to the public and are not funded by District assessments.

The “Neighborhood” improvements to be maintained are defined as landscaping and lighting improvements along public streets and parkways and the medians within the development. Improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; tr imming of vegetation and removal of debris in the area.

The “City -wide” improvements to be maintained and paid for by Baywood property owners are generally defined as arterial/major roadway landscape and lighting maintenance. Improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

Improvements means one or any combination of the following: the installation or planting of landscaping, the installation or construction of statuary, fountains, and other ornamental structures and facilities; the installation or construction of public lighting facilities; the installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, 297
drainage, or electrical facilities; the maintenance or servicing, or both, of any of the foregoing; the acquisition of any existing improvement otherwise authorized pursuant to this section.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, streetlight ing, public park and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, streetlight ing, public park , sidewalks, and recreational facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any streetlight ing facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the streetlig hting, public park and recreational facilities or appurtenant facilities.

Incidental expenses associated with the improvements including, but not limited to: the cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; the costs of printing, advertising, and the publishing, posting and mailing of notices; compensation payable to the County for collection of assessments; compensation of any engineer or attorney employed to render services; any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; costs associated with any elections held for the approval of a new or increased assessment; any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Landscape and Lighting Act of 1972.

298
PART B

ESTIMATE OF COST

The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, streetlight ing and park and recreational facilities can be recovered by the District. Maintenance can include the repair and replacement of existing facilities , including graffiti removal. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting and mailing of notices and all other costs associated with the annual collection process can also be included.

The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein.

The operation, maintenance and servicing costs for FY 2023-24 are summarized on the following page. These cost estimates were provided by the City of Hercules.

299
TABLE 1

*All parcels in the City pay their share of special benefit conferred to property on a per ERU basis for costs related to the City's Arterials/Major Roads landscaping and streetlighting improvements. The FY 202 3-24 estimated budget for the City's Arterial/Major Roads landscaping and streetlight ing improvements is approximately $337 ,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $32.66/ERU.

REVENUES
Assessments $159,775
Public Agency Assessments $6,471
General Benefit Contribution $3,030
TOTAL REVENUES: $169,277

ESTIMATED ANNUAL EXPENDITURES
Personnel $44,951
Transfer for Arterials/Major Roads Landscape and
Lighting Maintenance* $2,651
Landscaping, Open Space, and Associated Repairs $41,000 Tree Trimming $12,000
Electricity and Streetlight Repairs $4,000
Landscape and Facilities Water $32,000
Supplies and Vehicle Repairs $0
Assessment Engineering Cost $2,460
Incidental / Direct Admin Cost $14,800
County Fees $311
TOTAL ANNUAL EXPENDITURES: $154,173

CAPITAL IMPROVEMENT PROJECTS (CIP)
Tree Replacement (10-year loan repayment)* $14,700
Other Capital Improvement Projects $0
TOTAL CIP EXPENDITURES: $14,700

TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $168,873

FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2023 $87,505
FY 2022-23 Reserve Collection Increase/(Decrease) $404
Ending Balance - Projected June 30, 2024 $87,909
Recommended Operating Reserves $84,436
Available Operating Reserves $84,436
Available Capital Reserves $3,473

DISTRICT STATISTICS
Total Parcels 81
Total Parcels Levied 80
Total Equivalent Residential Units (ERU) 81.159
Maximum Levy per Benefit Unit $2,806.57
Applied Levy per Benefit Unit $2,048.41
*Please refer to Appendix D for the detailed loan repayment schedule.

LANDSCAPING AND LIGHTING DISTRICT NO. 2004-1
(BAYWOOD)

INCOME AND EXPENSE
FISCAL YEAR 2023-24
300
PART C

ASSESSMENT DISTRICT DIAGRAM

The boundaries of the District are contiguous with the boundaries of Subdivision 8599 .

The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page.

301
/67/105/116/121/32/111/102/32/72/101/114/99/117/108/101/115 /67/73/84/89/32/79/70/32/72/69/82/67/85/76/69/83
/76/65/78/68/83/67/65/80/73/78/71/32/38/32/76/73/71/72/84/73/78/71/32/68/73/83/84/82/73/67/84 /65/83/83/69/83/83/77/69/78/84/32/68/73/65/71/82/65/77
/76/76/65/68/32/50/48/48/52/45/49
/78
/80/114/111/106/47/72/101/114/99/117/108/101/115/47/70/89/49/50/45/49/51/47/68/105/97/103/114/97/109/115/47/50/48/48/52/45/49/95/100/105/97/103/114/97/109/46/112/100/102/32/32/40/48/52/45/49/53/45/49/48/32/83/65/41 /80/97/114/99/101/108/115/32/108/111/99/97/116/101/100/32/119/105/116/104/105/110 /116/104/101/32/76/76/65/68/32/50/48/48/52/45/49
/67/105/116/121/32/76/105/109/105/116
/76/69/71/69/78/68
/66/97/115/101/109/97/112
/76/76/65/68/32/50/48/48/52/45/49/32/66/111/117/110/100/97/114/121 /65/68/69
/83/89/67
/65/77/79/82/69
/69/65/82/78/69/83/84
/80/82/79/77/69/78/65/68/69
/84/65/82/65/89/65
/87/73/76/76/69/84
/83/65/78/68/69/82/76/73/78/71
/65/86/79/67/69/84
/66/65/89/87/79/79/68
/76/76/65/68/32/50/48/48/52/45/49
/80/82/69/80/65/82/69/68/32/66/89/32/70/82/65/78/67/73/83/67/79/32/38/32/65/83/83/79/67/73/65/84/69/83/44/32/73/78/67 302
PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS

INTRODUCTION

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, streetlight ing and park and recreational facilities.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to special benefit, rather than according to assessed value. This Section states:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.

The determination of whether 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].”

Because assessments are levied on the basis of special benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

The Act permits the designation of zones of benefit within any individual assessment district if “by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements” (Sec. 22574).

Article XIIID provided 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 residential, commercial, industrial and institutional activities.

303

GENERAL BENEFIT

Under Article XIIID of the State Constitution (Proposition 218) general benefit is not assessable to the property owners within the assessment district. The different various types of general benefit associated with this district are described below:

Neighborhood Improvements: It is anticipated that there will be minimal flow through traffic within the in- tract neighborhood streets associated with LLAD No. 2004-1. However, there is a possibility for pedestrians and vehicles to access a destination outside of the development through the in- tract streets and therefore the in-tract streetlighting and landscape improvements provide a minimal general benefit to the public-at-large or to the parcels outside of LLAD 2004 -1. Based on the industry standard for comparable neighborhoods, 2% of the annual cost to operate and maintain the in- tract streetlighting and landscape improvements is considered to be a general benefit.

Arterial/Major Roads Landscape and Lighting Maintenance: The arterial/major roadways allow residents to easily access all areas of the City and provide a clear benefit to all properties in the City. Therefore, landscape and lighting maintenance costs associated with the arterial/major roads are spread proportionately to all parcels in the City. The roads that fall into this category are John Muir Parkway, San Pablo Avenue, Refugio Valley Road, Sycamore Avenue, and Willow Avenue. Although these roads are mostly utilized by people coming to and from Hercules, there is some general benefit that can be attributed to flow through traffic generated from properties outside of City limits. Based on an initial circulation analysis, it is estimated that an average of 6% of traffic on these roads can be attributed to flow through traffic. The City will conduct a study to better estimate the percentage of flow through traffic.

SPECIAL BENEFIT

Most of the improvements to be serviced and maintained by the assessment district have been constructed as a condition of approval of Baywood and are of special benefit to the various parcels of land within this development. These special benefits are summarized below.

Streetlighting: Streetlight ing is critical for public safety. Well- maintained streetlighting provides security to the adjacent properties by deterring crime and allowing Hercules police the ability to identify and control suspicious and criminal activity. It allows for safe pedestrian and vehicular traffic flow and circulation by improving the ability of pedestrians and motorists to see and to enter and exit property, which helps reduce night time accidents resulting in lower police, fire and paramedic costs to the City and its residents. Streetlight ing also increases the promotion of business during nighttime hours in the case of commercial property.
304
Landscaped Streetscapes and Roadway Medians: The District keeps the City’s landscaped streetscapes and roadway medians well-groomed and irrigated which enhances property values throughout the City. These services include, landscape maintenance, plant replacement, irrigation, tree pruning, and litter control. Some of the special benefits properties receive from well -maintained landscaping include:
• The aesthetic value of green space;
• Improved aesthetic appeal of nearby parcels;
• Enhanced adaptation of the urban environment within the natural environment;
• Improved erosion control;
• Improved dust and debris control;
• Reduced air pollution;
• Enhanced sense of pride within the development and community.

Open Space Cleanup and Graffiti Abatement
Miscellaneous improvements such as the removal of litter, debris, and graffiti are of special benefit to each property within the District.

The special benefit s received by these may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant reduction in the quality of life c ould be significant. In contrast to the current conditions, one could find streets without lights, parks parched from lack of water, hillsides littered with debris, unkempt community facilities with graffiti and traffic medians overtaken by weeds. The resulting loss to property in terms of the desirability of the City of Hercules as a place to live and work would be obvious. Clearly the continuation of the City’s maintenance effort is of special benefit to each property owner within the District.

ASSESSMENT METHODOLOGY

The total operation, maintenance and servicing costs for the landscaping, streetlight ing and public park and recreational facilities are apportioned in accordance with the methodology stated herein. The method for spreading the costs to each parcel is based on an Equivalent Residential Unit (ERU) factor.

1. Residential Property

Neighborhood Improvements. All of the parcels in the District are residential parcels. Although the individual parcel size, building square footage and population for each parcel may vary from parcel to parcel the benefit received is approximately the same from the improvements. Even though a residential parcel may have more building square footage than another it does not necessarily mean that the larger 305
home receives a greater benefit. Therefore one (1) residential parcel shall be equal to one (1) ERU.

2. Vacant (Unimproved) Land
This underlying benefit of parks and recreation facilities, public landscaping weed abatement and streetlight ing accrues to the land and relates to the permanent nature of certain improvements. The maintenance effort is of benefit to all land within the District. The minimum level of maintenance required to preserve street landscaping, lighting, park and recreation facilities in the District is estimated to be 25% of the required for build- out maintenance cost. Accordingly, the estimated benefit received by an unimproved parcel of land with in an approved development potential is 25% of that received by an improved parcel, equal in size. This assumes that unimproved land will have no use of the facilities.

Therefore, vacant (unimproved) land is assessed at 25% of the developed ERU rate for the property.

3. Public Properties
City parks benefit from the neighborhood services provided by the neighborhood in which they are located. The benefit received is closely related to the improved frontage and not the area of the lot or the building. If one assumes that the depth of a standard lot in the City is 100 feet, the number of ERU’s corresponding to this frontage benefit would be equal to the street frontage of the park or recreation facility times 100 feet divided by 8,485, the average size of a SFR in Hercules. This same frontage benefit analysis is used for other public properties in the City of Hercules.

Therefore, improved public properties are assigned ERUs using the following formula:

Lot Frontage x 100 / 8,485 = ERUs

Open space in residential neighborhoods may be seen to benefit from the safety provided to the land by streetlight ing but not from other user related services. The ERU for public open space are therefore estimated to be equal to the parcel frontage times 100 feet of lot depth times 25% divided by 8,485. Therefore, open space parcels are assigned ERUs using the following formula:

Lot Frontage x 100 / 8,485 x 25% = ERUs

However, Lot Frontage x 100 cannot exceed the actual area of the parcel.

4. Exempt Parcels
Certain properties do not benefit from landscaping, lighting, park and recreational improvements and have not been assessed. City parks, recreational facilities and open space do not benefit from the features, which are the subject of the assessment. These properties on the other hand may benefit from the neighborhood 306
landscaping and lighting services provided in the neighborhoods in which they are located. Public streets and right of ways do not benefit from landscaping and lighting improvements or from park and recreation facilities. Railroad right of ways and pipeline easements or fee strips generally does not benefit. The assessments for the special benefits received by common areas are included in the assessment for the residential units with which they are associated. Common areas themselves are not assessed.

CALCULATION OF ASSESSMENTS

The costs shown in Table 1 Part B, Estimate of Cost, has been distributed among the various parcels of land within the assessment district in accordance with the rationale described above to determine the applied assessment rate. The applied assessment rate is then multiplied by each parcel’s assigned ERUs to derive the annual assessment for that parcel.

Assessments for properties owned by public agencies are listed in Appendix “ B”.

Assessments for all p arcels are listed in Appendix “ C”. The total ERUs and the applied assessment rates are shown in Table 1, Part B, Estimate of Cost. The following table shows the FY 2023-24 assessments for various land use classifications:

CPI INCREASE

The City can levy assessments every year up to the maximum assessment, which is increased by the annual change in the Consumer Price Index (CPI), San Francisco Bay Region All Urban Consumers. The applicable increase in the maximum assessment for FY 2023-24 is 5.3%.

MAXIMUM ASSESSMENT

For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, as adjusted by the CPI increase described above unless a special proceeding is conducted and affirmed according to law.

DURATION O

F ASSESSMENTS

Assessments will be levied in perpetuity unless otherwise determined by City Council. $2,806.57 per lot $2,048.41 per lot
$701.64 per lot $512.10 per lot
$1,683.94 per unit $1,229.05 per unit
$841.97 per unit $614.52 per unit
Assessment
FY 2023-24 FY 2023-24
Maximum Applied
Assessment
Single-Family Residence
Vacant Single-Family
Multi-Family Residential
Deed-Restricted Affordable Housing Unit
Classification
307
PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured 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 proposed amount of assessments for FY 2023-24 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hercules and is shown in this Report as Appendix “C”.

The total proposed assessment for FY 2023-24 is $166,246.10.

308

APPENDIX “A”

IMPROVEMENTS DIAGRAM

309
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LLAD NO. 2004-1

MAINTENANCE IMPROVEMENT DIAGRAM
0 100
Feet
±

PROMENADE STREET

WILLET ST

AVOCET DR
LEGEND
# STREET LIGHTS

WOOD FENCING

DISTRICT BOUNDARY

PARCELS

LANDSCAPING
PAVERS

OPEN SPACE

BAYWOOD LANE

SANDERLING DR
Please note the landscape maintenance for this District includes front yards and alley ways up to property owner fences, all parkways strips and paseos within the city’s right-of-way, and open space/ wetland areas.
310

APPENDIX “B”

PUBLIC PROPERTY ASSESSMENTS

311
APN LocationOwner/Use ERUUnits Acres
Neighborhood
Amount

CITY OF HERCULES

BAYWOOD LANDSCAPING
AND LIGHTING DISTRICT NO. 2004-1

PUBLIC PROPERTY ASSESSMENTS
FY 2023-24
404650079 SANDERLINGCity/Park 0 1.904 2.444 $5,006.30 404650080 AVOCETCity/Open Space 0 0.557 0.715 $1,464.60 Total: 0 2.461 3.159 $6,470.90
B- 2
312

APPENDIX “C”

ASSESSMENT ROLL

313

CITY OF HERCULES

BAYWOOD LANDSCAPE
AND LIGHTING DISTRICT NO. 2004-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404650001 $2,048.40
404650002 $2,048.40
404650003 $2,048.40
404650004 $2,048.40
404650005 $2,048.40
404650006 $2,048.40
404650007 $2,048.40
404650008 $2,048.40
404650009 $2,048.40
404650010 $2,048.40
404650011 $2,048.40
404650012 $2,048.40
404650013 $2,048.40
404650014 $2,048.40
404650015 $2,048.40
404650016 $2,048.40
404650017 $2,048.40
404650018 $2,048.40
404650019 $2,048.40
404650020 $2,048.40
404650021 $2,048.40
404650022 $2,048.40
404650023 $2,048.40
404650024 $2,048.40
404650025 $2,048.40
404650026 $2,048.40
404650027 $2,048.40
404650028 $2,048.40
404650029 $2,048.40
404650030 $2,048.40
404650031 $2,048.40
404650032 $2,048.40
404650033 $2,048.40
404650034 $2,048.40
404650035 $2,048.40
404650036 $2,048.40
404650037 $2,048.40
404650038 $2,048.40
404650039 $2,048.40
404650040 $2,048.40
404650041 $2,048.40
404650042 $2,048.40
404650043 $2,048.40
404650044 $2,048.40
404650045 $2,048.40
404650046 $2,048.40
404650047 $2,048.40
404650048 $2,048.40
404650049 $2,048.40
404650050 $2,048.40
404650051 $2,048.40
404650052 $2,048.40
404650053 $2,048.40
404650054 $2,048.40
Assessor's
Parcel
Number
Neighborhood
Amount
404650055 $2,048.40
404650056 $2,048.40
404650057 $2,048.40
404650058 $2,048.40
404650059 $2,048.40
404650060 $2,048.40
404650061 $2,048.40
404650062 $2,048.40
404650063 $2,048.40
404650064 $2,048.40
404650065 $2,048.40
404650066 $2,048.40
404650067 $2,048.40
404650068 $2,048.40
404650069 $2,048.40
404650070 $2,048.40
404650071 $2,048.40
404650072 $2,048.40
404650073 $2,048.40
404650074 $2,048.40
404650075 $2,048.40
404650076 $2,048.40
404650077 $2,048.40
404650078 $2,048.40
404650079 $5,006.30
404650080 $1,464.60
$166,246.10
06/15/23C-2
314

APPENDIX “D”

LOAN REPAYMENT SCHEDULE

315
Fiscal
Year
Balance Owed at
Beginning of FY
Transfer to
General Fund
FY 2021-22 $147,000.00 $14,700.00
FY 2022-23 $132,300.00 $14,700.00
FY 2023-24 $117,600.00 $14,700.00
FY 2024-25 $102,900.00 $14,700.00
FY 2025-26 $88,200.00 $14,700.00
FY 2026-27 $73,500.00 $14,700.00
FY 2027-28 $58,800.00 $14,700.00
FY 2028-29 $44,100.00 $14,700.00
FY 2029-30 $29,400.00 $14,700.00
FY 2030-31 $14,700.00 $14,700.00
FY 2031-32 $0.00 $0.00
1Repayment schedule for loan from General Fund for
tree replacement.

LLAD 2004-1 (Baywood)1
D-2
316

City of Hercules
Hercules Village Landscaping and
Lighting Assessment District
No. 2002-2
Fiscal Year 2023-24
Preliminary Engineer’s Report

June 27, 2023
317

TABLE OF CONTENTS

Page No.

Directory ................................................................................................................ i

Signatures ............................................................................................................. ii

Section I – Introduction ......................................................................................... 1

Section II – Engineer’s Report .............................................................................. 3

Part A – Plans and Specifications ................................................................... 5

Part B – Estimate of Cost ................................................................................ 7 Table 1: Budget............................................................................... 8

Part C – Assessment District Diagram ............................................................ 9

Part D – Method of Apportionment of Assessments ...................................... 11

Part E – Property Owner List & Assessment Roll .......................................... 18

Appendix A – Improvements Diagram ............................................................... A-1

Appendix B – Public Property Assessments ...................................................... B-1

Appendix C – Assessment Roll ........................................................................ C-1

318

CITY OF HERCULES

HERCULES VILLAGE

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-2

FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF

Alexander Walker-Griffin
Mayor

Dan Romero
Vice Mayor

Dion Bailey
Council Member
Chris Kelley
Council Member

Tiffany Grimsley
Council Member

Dante Hall
City Manager

Patrick Tang
City Attorney

Edwin Gato
Finance Director

Eibleis Melendez
City Clerk

Mike Roberts
Public Works Director

Francisco & Associates
Assessment Engineer
319
ENGINEER’S REPORT
CIT

Y OF HERCULES
HE

RCULES VILLAGE

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-2
FISCAL YEAR 2023-24
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.

D
ated: _J une 15, 2023 By___________________________________ E duardo R. Espinoza, P.E.

RCE No. 83709
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 ________, 2023.

E
ibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California
B
y___________________________________
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 City Council of the City of Hercules, Contra Costa County, California, on the _________ day of ______________, 2023.

E
ibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California
B
y___________________________________
320

SECTION I

INTRODUCTION
Background Information
The land which lies within the boundaries of the Vesting Tentative Map for Subdivision 8407, (known hereafter as “ Hercules Village ”) was formerly assessed as vacant commercial land, designated as Zone 5C within City of Hercules Landscaping and Lighting Assessment District No. 83 -2 (LLAD 83 -2). Hercules Village was required to install landscaping, streetlighting, park and recreational improvements as a condition of approval of the development. The Hercules Village improvements are distinct from other improvements within the existing LLAD 83- 2 and require a higher level of maintenance.

In April of 2002 an assessment ballot was mailed to the property owners within the boundaries of Hercules Village on the matter of detaching the subject property from the existing LLAD 83-2, forming the Hercules Village Landscaping and Lighting Assessment District No. 2002-2 (the “District”), approving a maximum amount of individual maintenance assessments for future years and authorizing an index by which the stated maximum amount of individual maintenance assessments could be increased in future years without the need for an assessment ballot procedure otherwise required by Section 4 of Article XIIID for an “increased assessment.” The City Council adopted Resolution 02-049 on May 14, 2002. This resolution detached Hercules Village from LLAD 83-2, formed the District, levied the first annual assessment and authorized the City Council to annually adjust assessment rates according to the index as set forth in the Engineer’s Report. The index defined in the Engineer’s Report is the change in the San Franc isco Bay Area’s Annual Consumer Price Index – All Urban Consumers (CPI) for the previous calendar year.

Current Annual Administration
As required by the 1972 Act, this Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 2023-24, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The Hercules City Council may amend the method of assessment from time to time in order to apportion the costs in relation to the special benefits being received. However, any increase in the assessments from the prior year, other than the annual increase from the CPI adjustment, will be subject to the applicable requirements of Proposition 218.

T
he Hercules City Council will hold a Public Hearing on July 11, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing the City Council may adopt a resolution confirming the levy of assessments as originally proposed. Following the adoption of this resolution, the Final Assessor’s Roll 321
will be prepared and filed with the Contra Costa County Auditor’s Office, to be included on the FY 2023-24 tax roll.

Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this Report.

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SECTION II

ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF HERCULES

HERCULES VILLAGE

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-2

FISCAL YEAR 2023-24

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, being Resolution No. _____ adopted by the City Council of the City of Hercules on June 27, 2023, I, Eduardo R. Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Hercules Village Landscaping and Lighting Assessment Distri ct No. 2002-2 ( the “District”) submit the following Report, consisting of Section I (Introduction), and this , Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Hercules, and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements to be maintained for FY 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto, and is on file in the Office of the Director of Public Works of the City of Hercules.

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PART C: ASSESSMENT DISTRICT DIAGRAM

This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Hercules.

The lines and dimension of each lot or parcel within the District 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 a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS

This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains a list of the Contra Costa County Assessor’s Parcel numbers, and the amount to be assessed upon the benefited lands within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Hercules and is incorporated in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

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PART A

PLANS AND SPECIFICATIONS

The facilities that have been constructed within the District boundaries, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described below:

The park landscaping and streetlight ing improvements to be maintained by the District are shown on the Landscape Plans for Hercules Village prepared by Ripley Design Group, dated Octobe r 2001, and the final landscape plans submitted, which plans are available for review in the O ffice of the Director of Public Works and are incorporated into this report by reference. Areas to be maintained are located within rights of way, which are dedicated to the public on the subdivision final maps. An “Improvements Diagram” is included in Appendix “A” of this report . Th is diagram shows the improvements and maintenance services to be funded by the District. The areas indicated on the improvements diagram to be maintained by the Homeowners Association or “HOA” have not been dedicated to the public and are not funded by District assessments.

The “Neighborhood” improvements to be maintained are defined as landscaping and lighting improvements along public streets and parkways within the development.

Improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

The “City -wide” improvements to be maintained and paid for by Hercules Village property owners are generally defined as arterial/major roadway landscape and lighting maintenance. Improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

Improvements means one or any combination of the following: the installation or planting of landscaping, the installation or construction of statuary, fountains, and other ornamental structures and facilities; the installation or construction of public lighting facilities; the installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation 325
or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; the maintenance or servicing, or both, of any of the foregoing; the acquisition of any existing improvement otherwise authorized pursuant to this section.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, streetlight ing, public park , sidewalks and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, streetlighting, public park and recreational facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertili zing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste ; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any streetlight ing facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the streetlight ing, public park and recreational facilities or appurtenant facilities.

Incidental expenses associated with the improvements including, but not limited to: the cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; the costs of printing, advertising, and the publishing, posting and mailing of notices; compensation payable to the County for collection of assessments; compensation of any engineer or attorney employed to render services; any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Landscape and Lighting Act of 1972; costs associated with any elections held for the approval of a new or increased assessment.

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PART B

ESTIMATE OF COST

The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, streetlight ing and park and recreational facilities can be recovered by the District. Maintenance can include the repair and replacement of existing facilities, including graffiti removal . Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting and mailing of notices and all other costs associated with the annual collection process can also be included.

The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution by the City of Hercules may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and operating reserves.

The operation, maintenance and servicing costs for FY 2023-24 are summarized in Table 1 on the following page. These cost estimates were provided by the City of Hercules.

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HERCULES VILLAGE LANDSCAPING AND LIGHTING FY 2023-24
ASSESSMENT DISTRICT No. 2002-2 PART B

8 TABLE 1

*All parcels in the City pay their share of special benefit conferred to property on a per ERU basis for costs related to the City's Arterials/Major Roads landscaping and streetlight ing improvements. The FY 2023-24 estimated budget for the City's Arterial/Major Roads landscaping and street lighting improvements is approximately $337,000 and the transfer amounts for Arterials/Major Roads landscaping and li ghting are based on an allocation to each parcel of $32.66/ERU.

REVENUES
Assessments $169,386
Public Agency Assessments $5,183
General Benefit Contribution $4,314
TOTAL REVENUES: $178,884

ESTIMATED ANNUAL EXPENDITURES
Personnel $47,829
Transfer for Arterials/Major Roads Landscape and Lighting Maintenance* $7,513
Landscaping, Open Space, and Associated Repairs $54,000 Tree Trimming $22,000
Electricity and Streetlight Repairs $12,000
Landscape and Facilities Water $62,000
Supplies and Vehicle Repairs $0
Assessment Engineering Cost $2,460
Incidental / Direct Admin Cost $15,000
County Fees $421
TOTAL ANNUAL EXPENDITURES: $223,223

CAPITAL IMPROVEMENT PROJECTS (CIP)
Tree Replacement $0
Other Capital Improvement Projects $0
TOTAL CIP EXPENDITURES: $0

TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $223,223

FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2023 $139,453
FY 2023-24 Reserve Collection Increase/(Decrease) ($44,339) Ending Balance - Projected June 30, 2024 $95,114
Recommended Operating Reserves $111,611
Available Operating Reserves $95,114
Available Capital Reserves $0

DISTRICT STATISTICS
Total Parcels 224
Total Parcels Levied 224
Total Equivalent Residential Units (ERU) 230.030
Maximum Levy per Benefit Unit $758.90
Applied Levy per Benefit Unit $758.90
LANDSCAPE AND LIGHTING DISTRICT NO. 2002-2
(PROMENADE)

PROPOSED INCOME AND EXPENSE
FISCAL YEAR 2023-24
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PART C

ASSESSMENT DISTRICT DIAGRAM

The boundaries of the District are contiguous with the boundaries of Subdivision 8407 .

The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 329
/80/97/114/99/101/108/115/32/108/111/99/97/116/101/100/32/119/105/116/104/105/110 /116/104/101/32/76/76/65/68/32/50/48/48/50/45/50
/67/105/116/121/32/76/105/109/105/116
/76/69/71/69/78/68
/66/97/115/101/109/97/112
/76/76/65/68/32/50/48/48/50/45/50/32/66/111/117/110/100/97/114/121 /80/114/111/106/47/72/101/114/99/117/108/101/115/47/70/89/49/50/45/49/51/47/68/105/97/103/114/97/109/115/47/50/48/48/50/45/50/95/100/105/97/103/114/97/109/46/112/100/102/32/32/40/48/52/45/49/53/45/49/48/32/83/65/41 /78
/67/73/84/89/32/79/70/32/72/69/82/67/85/76/69/83
/76/65/78/68/83/67/65/80/73/78/71/32/38/32/76/73/71/72/84/73/78/71/32/68/73/83/84/82/73/67/84 /65/83/83/69/83/83/77/69/78/84/32/68/73/65/71/82/65/77
/76/76/65/68/32/50/48/48/50/45/50
/67/105/116/121/32/111/102/32/72/101/114/99/117/108/101/115 /80/82/69/80/65/82/69/68/32/66/89/32/70/82/65/78/67/73/83/67/79/32/38/32/65/83/83/79/67/73/65/84/69/83/44/32/73/78/67 /82/65/73/76/82/79/65/68
/66/65/89
/80/73/78/79/76/69
/83/65/78/84
/65/32/70/69
/84/65/76/76/69/89
/80/82/79/77/69/78/65/68/69
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/80/82/79/77/69/78/65/68/69
/69/65/82/78/69/83/84
/82/65/73/76/82/79/65/68
/83/89/67/65/77/79/82/69
/82/65/73/76/82/79/65/68
/69/65/82/78/69/83/84
/80/82/79/77/69/78/65/68/69
/84/65/82/65/89/65
/66/65/89/70/82/79/78/84
/87/73/76/76/69/84
/83/65/78/68/69/82/76/73/78/71
/65/86/79/67/69/84
/66/65/89/87/79/79/68
/67/82/69/69/75/83/73/68/69
/83/89/67/65/77
/76/76/65/68/32/50/48/48/50/45/50
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PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS

INTRODUCTION

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, streetlight ing and park and recreational facilities.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to special benefit, rather than according to assessed value. This Section states:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.

The determination of whether 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].”

Because assessments are levied on the basis of special benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the Cal ifornia Constitution.

The Act permits the designation of zones of benefit within any individual assessment district if “by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of be nefit from the improvements” (Sec. 22574).

Article XIIID provided 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 residential, commercial, industrial and institutional activities.

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GENERAL BENEFIT

Under Article XIIID of the State Constitution (Proposition 218) general benefit is not assessable to the property owners within the assessment district. The different various types of general benefit associated with this district are described below:

Neighborhood Improvements: It is anticipated that there will be minimal flow through traffic within the in-t ract neighborhood streets associated with LLAD No. 2002-2. However, there is a possibility for pedestrians and vehicles to access a destination outside of the development through the in- tract streets and therefore the in-tract streetlighting and landscape improvements provide a minimal general benefit to the public-at-large or to the parcels outside of LLAD 2002 -2. Based on the industry standard for comparable neighborhoods, 2% of the annual cost to operate and maintain the in- tract streetlighting and landscape improvements is considered to be a general benefit.

Arterial/Major Roads Landscape and Lighting Maintenance: The arterial/major roadways allow residents to easily access all areas of the City and provide a clear benefit to all properties in the City. Therefore, landscape and lighting maintenance costs associated with the arterial/major roads are spread proportionately to all parcels in the City. The roads that fall into this category are John Muir Parkway, San Pablo Avenue, Refugio Valley Road, Syca more Avenue, and Willow Avenue. Although these roads are mostly utilized by people coming to and from Hercules, there is some general benefit that can be attributed to flow through traffic generated from properties outside of City limits. Based on an initial circulation analysis, it is estimated that an average of 6% of traffic on these roads can be attributed to flow through traffic. The City will conduct a study to better estimate the percentage of flow through traffic.

SPECIAL BENEFIT

Most of the improvements to be serviced and maintained by the assessment district have been constructed as a condition of approval of Hercules Village and are of special benefit to the various parcels of land within this development. These special benefits are summarized below.

Streetlighting: Streetlight ing is critical for public safety. Well- maintained streetlighting provides security to the adjacent properties by deterring crime and allowing Hercules police the ability to identify and control suspicious and criminal activity. It allows for safe pedestrian and vehicular traffic flow and circulation by improving the ability of pedestrians and motorists to see and to enter and exit property, which helps reduce night time accidents resulting in lower police, fire and paramedic costs to the City and its residents. Streetlight ing also increases the promotion of business during nighttime hours in the case of commercial property.
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Landscaped Streetscapes and Roadway Medians: The District ke eps the City’s landscaped streetscapes and roadway medians well-groomed and irrigated which enhances property values throughout the City. These services include, landscape maintenance, plant replacement, irrigation, tree pruning, and litter control. Some of the special benefits properties receive from well -maintained landscaping include:
• The aesthetic value of green space;
• Improved aesthetic appeal of nearby parcels;
• Enhanced adaptation of the urban environment within the natural environment;
• Improved erosion control;
• Improved dust and debris control;
• Reduced air pollution;
• Enhanced sense of pride within the development and community.

Open Space Cleanup and Graffiti Abatement
Miscellaneous improvements such as the removal of litter, debris, and graffiti are of special benefit to each property within the District.

The special benefits received by these may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant reduction in the quality of life could be significant. In contrast to the current conditions, one could find streets without lights, parks parched from lack of water, hillsides littered with debris, unkempt community facilities with graffiti and traffic medians overtaken by weeds. The resulting loss to property in terms of the desirability of the City of Hercules as a place to live and work would be obvious. Clearly the continuation of the City’s maintenance effort is of special benefit to each property owner within the District.

ASSESSMENT METHODOLOGY

The total operation, maintenance and servicing costs for the landscaping, streetlight ing and public park and recreational facilities are apportioned in accordance with the methodology stated herein. The method for spreading the costs to each parcel is based on an Equivalent Residential Unit (ERU) factor.

1. Detached Single-Family Residences
Approximately 97% of the residential parcels in the District are detached single- family residential (SFR) parcels. Although the individual parcel size, building square footage and population for each SFR parcel may vary from parcel to parcel the benefit received is approximately the same from the improvements. Even though a SFR may have more building square footage than another it does not necessarily mean that the larger home receives a greater benefit. Therefore one (1) SFR parcel shall be equal to one (1) ERU. Because the majority of parcels in the District are SFR it is also reasonable to measure the relative benefits received by other residential land use in terms of that received by a detached SFR parcel. 333

2. Multi-Family Residential / Deed-Restricted Affordable Housing Units The special benefit received by Multi -family Residential (MFR) u nits may be determined by comparing them to SFRs. In this District, the MFR parcels will contain deed-restricted affordable housing units. Benefits per dwelling unit are observed to be greater for SFR units than for MFR units. MFR units receive decreased b enefits per dwelling unit from the improvements in terms of property benefit because the number of units supporting the fixed improvements is larger than for SFR detached units. On the other hand MFR units receive increased benefits from parks and recreation facilities. The Urban Land Institute has established a series of land use intensity ratings, which indicate the smaller units require more public open space and recreational areas per unit than do SFR parcels.

The deed-restricted affordable housing site will consist of 40 units on approximately

0.74 acres; this amounts to approximately 805 square feet of land per unit. An average SFR lot in Hercules Village has approximately 6,000 sq. ft. One can assume the average building area of a SFR unit will be 2, 300 square feet and MFR unit to be 800 square feet. Based upon density studies for neighboring communities, it is reasonable to assume that SFR and MFR will have 3 and 2 persons per unit, respectively. It is reasonable to assume that a vacant lot will require 25% the maintenance effort for an improved (occupied) lot. The remaining 75% of the benefit may be said to be related to parcel use. Equivalent Residential Units (ERU) for MFR units are calculated as follows:

The deed-restricted affordable housing units, by virtue of the non- profit use to which they have been indefinitely committed , are deprived from receiving comparable economic benefit from district improvements. These units have been assessed at 50% of the assessment for MFR units, reflecting this reduced special benefit, or =

0.44 x 50% = 0.22 ERU per unit.

Relative Benefits = 0.25 (Lot Area / Person) + 0.75 (Bldg. Area / Person) (SFR Lot Area / Person) (SFR Bldg. Area / Person)
Assume MFR = 805 SFLot / Unit
800 SFBldg. / Unit

2.0 Persons per Unit
Assume SFR = 6,000 SFLot / Unit
2,300 SFBldg. / Unit

3.0 Persons per Unit
Benefit = 0.25 (805 / 2) + 0.75 (800 / 2)
(6,000 / 3) (2,300 / 3)
MFR Benefit = 0.05 + 0.39 = 0.44 ERU
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3. Residential / Commercial Flex Site
Two sites on Bayfront Boulevard (Parcel “E” and Parcel “F”) are identified as Residential/Commercial Flex sites and have been assessed for 12 SFR units which is comparable to commercial frontage rates and, additionally provides for potential future residential development.

4. Vacant (Unimproved) Land
This underlying benefit of parks and recreation facilities, public landscaping weed abatement and streetlight ing accrues to the land and relates to the permanent nature of certain improvements. The maintenance effort is of benefit to all land within the District. The minimum lev el of maintenance required to preserve street landscaping, lighting, park and recreation facilities in the District is estimated to be 25% of the required for build- out maintenance cost. Accordingly, the estimated benefit received by an unimproved parcel of land with in an approved development potential is 25% of that received by an improved parcel, equal in size. This assumes that unimproved land will have no use of the facilities.

Therefore, vacant (unimproved) land is assessed at 25% of the developed E RU rate for the property.

5. Public Properties
City parks benefit from the neighborhood services provided by the neighborhood in which they are located. The benefit received is closely related to the improved frontage and not the area of the lot or the building. If one assumes that the depth of a standard lot in the City is 100 feet, the number of ERU’s corresponding to this frontage benefit would be equal to the street frontage of the park or recreation facility times 100 feet divided by 8,485, the average size of a SFR in Hercules. This same frontage benefit analysis is used for other public properties in the City of Hercules.

Therefore, improved public properties are assigned ERUs using the following formula:

Lot Frontage x 100 / 8,485 = ERUs

Open space in residential neighborhoods may be seen to benefit from the safety provided to the land by streetlight ing but not from other user related services. The ERU for public open space are therefore estimated to be equal to the parcel frontage times 100 feet of lot depth times 25% divided by 8,485. Therefore, open space parcels are assigned ERUS using the following formula:

Lot Frontage x 100 / 8,485 x 25% = ERUs

However, Lot Frontage x 100 cannot exceed the actual area of the parcel.

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6. Exempt Parcels
Certain properties do not benefit from landscaping, lighting, park and recreational improvements and have not been assessed. City parks, recreational facilities and open space do not benefit from the features, which are the subject of the assessment. These properties on the other hand may benefit from the neighborhood landscaping and lighting services provided in the neighborhoods in which they are located. Public streets and right of ways do not benefit from landscaping and lighting improvements or from park and recreation facilities. Railroad right of ways and pipeline easements or fee strips generally does not benefit. The assessments for the special benefits received by common areas are included in the assessment for the residential units with wh ich they are associated. Common areas themselves are not assessed.

CALCULATION OF ASSESSMENTS

The costs shown in Table 1 Part B, Estimate of Cost, have been distributed among the various parcels of land within the assessment district in accordance with the rationale described above to determine the applied assessment rate. The applied assessment rate is then multiplied by each parcel’s assigned ERUs to derive the annual assessment for that parcel.

Assessments for all p arcels are listed in Appendix “ C”. The total ERUs and the applied assessment rates are shown in Table 1, Part B, Estimate of Cost. The following table shows the FY 2023-24 assessments for various land use classifications:

CPI INCREASE

The City can levy assessments every year up to the maximum assessment, which is increased by the annual change in the Consumer Price Index (CPI), San Francisco Bay Region All Urban Consumers. The applicable increase in the maximum assessment for FY 2023-24 is 5.3%.

$758.90 per lot $758.90 per lot
$189.73 per lot $189.73 per lot
$455.34 per unit $455.34 per unit
$227.67 per unit $227.67 per unit
FY 2023-24 FY 2023-24
Maximum Applied
Assessment Assessment
Single-Family Residence
Vacant Single-Family
Multi-Family Residential
Deed-Restricted Affordable Housing Unit
Classification
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MAXIMUM ASSESSMENT

For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, as adjusted by the CPI increase described above unless a special proceeding is conducted and affirmed according to law.

DURATION O

F ASSESSMENTS

Assessments will be levied in perpetuity unless otherwise determined by City Council.

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PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured Property Tax Roll of the Contra Costa County Assessor, which by reference is hereby made a part of thi s Report.

This list is keyed to the Assessor’s Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for FY 2023-24 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hercules and is shown in this Report as Appendix “C”.

The total proposed assessment for FY 2023-24 is $174,569.74.

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APPENDIX “A”

IMPROVEMENTS DIAGRAM
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LLAD NO. 2002-2 NEIGHBORHOOD MAINTENANCE IMPROVEMENT DIAGRAM 0 200
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BAYFRONT BLVD

TARAYA TERRACE

EARNEST STREET
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APPENDIX “B”

PUBLIC PROPERTY ASSESSMENTS
341
APN LocationOwner/Use ERUUnits Acres
Neighborhood
Amount

CITY OF HERCULES

HERCULES VILLAGE LANDSCAPING
AND LIGHTING DISTRICT NO. 2002-2

PUBLIC PROPERTY ASSESSMENTS
FY 2023-24
404020067 SYCAMORECity - Open Space 0 2.400 2.239 $1,699.18 404020068 SYCAMORECity - Open Space 0 3.900 4.078 $3,094.78 404490099 SANDERLINGCity - Open Space 0 0.400 0.513 $389.32 Total: 0 6.700 6.830 $5,183.28
B- 2
342

APPENDIX “C”

ASSESSMENT ROLL

343

CITY OF HERCULES

HERCULES VILLAGE
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404020067 $1,699.18
404020068 $3,094.78
404480001 $758.90
404480002 $758.90
404480003 $758.90
404480004 $758.90
404480005 $758.90
404480006 $758.90
404480007 $758.90
404480008 $758.90
404480009 $758.90
404480010 $758.90
404480011 $758.90
404480012 $758.90
404480013 $758.90
404480014 $758.90
404480015 $758.90
404480016 $758.90
404480017 $758.90
404480018 $758.90
404480019 $758.90
404480020 $758.90
404480021 $758.90
404480022 $758.90
404480023 $758.90
404480024 $758.90
404480025 $758.90
404480026 $758.90
404480027 $758.90
404480028 $758.90
404480029 $758.90
404480030 $758.90
404480031 $758.90
404480032 $758.90
404480033 $758.90
404480034 $758.90
404480035 $758.90
404480036 $758.90
404480037 $758.90
404480038 $758.90
404480039 $758.90
404480040 $758.90
404480041 $758.90
404480042 $758.90
404480043 $758.90
404480044 $758.90
404480045 $758.90
404480046 $758.90
404480047 $758.90
404480048 $758.90
404480049 $758.90
404480050 $758.90
404480051 $758.90
404480052 $758.90
Assessor's
Parcel
Number
Neighborhood
Amount
404480053 $758.90
404480054 $758.90
404480055 $758.90
404480056 $758.90
404480057 $758.90
404480058 $758.90
404480059 $758.90
404480060 $758.90
404480061 $758.90
404480062 $758.90
404480063 $758.90
404480064 $758.90
404480065 $758.90
404480066 $758.90
404480067 $758.90
404480068 $758.90
404480069 $758.90
404480070 $758.90
404480071 $758.90
404480072 $758.90
404480073 $758.90
404480074 $758.90
404480075 $758.90
404480076 $758.90
404480077 $758.90
404480078 $758.90
404480079 $758.90
404480080 $758.90
404480081 $758.90
404480082 $758.90
404480083 $758.90
404480084 $758.90
404480085 $758.90
404480086 $758.90
404480087 $758.90
404480088 $758.90
404480089 $758.90
404480090 $758.90
404480091 $758.90
404480092 $758.90
404480093 $758.90
404480094 $758.90
404480095 $758.90
404480096 $758.90
404480097 $758.90
404480098 $758.90
404480099 $758.90
404480100 $758.90
404480101 $758.90
404480102 $758.90
404480103 $758.90
404480104 $758.90
404480105 $758.90
404480106 $758.90
Assessor's
Parcel
Number
Neighborhood
Amount
404480107 $758.90
404480108 $758.90
404480109 $758.90
404480110 $758.90
404480111 $758.90
404480112 $758.90
404480113 $758.90
404480114 $758.90
404480115 $758.90
404480116 $758.90
404480117 $758.90
404480118 $758.90
404480119 $758.90
404480120 $758.90
404490001 $758.90
404490002 $758.90
404490003 $758.90
404490004 $758.90
404490005 $758.90
404490006 $758.90
404490007 $758.90
404490008 $758.90
404490009 $758.90
404490010 $758.90
404490011 $758.90
404490012 $758.90
404490013 $758.90
404490014 $758.90
404490015 $758.90
404490016 $758.90
404490017 $758.90
404490018 $758.90
404490019 $758.90
404490020 $758.90
404490021 $758.90
404490022 $758.90
404490023 $758.90
404490024 $758.90
404490025 $758.90
404490026 $758.90
404490027 $758.90
404490028 $758.90
404490029 $758.90
404490030 $758.90
404490031 $758.90
404490032 $758.90
404490033 $758.90
404490034 $758.90
404490035 $758.90
404490036 $758.90
404490037 $758.90
404490038 $758.90
404490039 $758.90
404490040 $758.90
06/14/23C-2
344

CITY OF HERCULES

HERCULES VILLAGE
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-2

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404490041 $758.90
404490042 $758.90
404490043 $758.90
404490044 $758.90
404490045 $758.90
404490046 $758.90
404490047 $758.90
404490048 $758.90
404490049 $758.90
404490050 $758.90
404490051 $758.90
404490052 $758.90
404490053 $758.90
404490054 $758.90
404490055 $758.90
404490056 $758.90
404490057 $758.90
404490058 $758.90
404490059 $758.90
404490060 $758.90
404490061 $758.90
404490062 $758.90
404490063 $758.90
404490064 $758.90
404490065 $758.90
404490066 $758.90
404490067 $758.90
404490068 $758.90
404490069 $758.90
404490070 $758.90
404490071 $758.90
404490072 $758.90
404490073 $758.90
404490074 $758.90
404490075 $758.90
404490076 $758.90
404490077 $758.90
404490078 $758.90
404490079 $758.90
404490080 $758.90
404490081 $758.90
404490082 $758.90
404490083 $758.90
404490084 $758.90
404490085 $758.90
404490086 $758.90
404490087 $758.90
404490088 $758.90
404490089 $758.90
404490090 $758.90
404490091 $758.90
404490092 $758.90
404490093 $758.90
404490094 $758.90
Assessor's
Parcel
Number
Neighborhood
Amount
404490095 $758.90
404490096 $758.90
404490097 $758.90
404490098 $758.90
404490099 $389.32
404490100 $1,669.58
404490101 $1,138.34
404490102 $1,138.34
$174,569.74
06/14/23C-3
345

City of Hercules
Victoria By The Bay
Landscaping and Lighting
Assessment District No. 2002-1
Fiscal Year 2023-24
Preliminary Engineer’s Report

June 27, 2023
346

TABLE OF CONTENTS

Page No.

Directory ................................................................................................................ i

Signatures ............................................................................................................. ii

Section I – Introduction ......................................................................................... 1

Section II – Engineer’s Report .............................................................................. 3

Part A – Plans and Specifications ................................................................... 5

Part B – Estimate of Cost ................................................................................ 7 Table 1: Budget................................................................................ 8

Part C – Assessment District Diagram ............................................................ 9

Part D – Method of Apportionment of Assessments ...................................... 11

Part E – Property Owner List & Assessment Roll .......................................... 18

Appendix A – Improvements Diagram ............................................................... A-1

Appendix B – Public Property Assessments ...................................................... B-1

Appendix C – Assessment Roll ........................................................................ C-1

347

CITY OF HERCULES

VICTORIA BY THE BAY

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1

FISCAL YEAR 2023-24

CITY COUNCIL MEMBERS AND CITY STAFF

Alexander Walker-Griffin
Mayor

Dan Romero
Vice Mayor

Dion Bailey
Council Member
Chris Kelley
Council Member

Tiffany Grimsley
Council Member

Dante Hall
City Manager

Patrick Tang
City Attorney

Edwin Gato
Finance Director

Eibleis Melendez
City Clerk

Mike Roberts
Public Works Director

Francisco & Associates
Assessment Engineer
348

ENGINEER’S REPORT

CITY OF HERCULES

VICTORIA BY THE BAY

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1

FISCAL YEAR 2023-24

The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.

Dated: J une 15, 2023 By______________________________ Eduardo R. Espinoza, P.E.

RCE No. 83709

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto attached was filed with me on t he ________ day of ________, 2023.

Eibleis Melendez, City Clerk
City of Hercules
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 City Council of the City of Hercules, Contra Costa County, California, on the _________ day of ________, 2023.

Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California

By______________________________
349

SECTION I

INTRODUCTION
Background Information
The land which lies within the boundaries of the Vesting Tentative Map for Subdivision 8455, (known hereafter as “Victoria by the Bay”) was formerly assessed as vacant commercial land, designated as Zone 5C within City of Hercules Landscaping and Lighting Assessment District No. 83 -2 (LLAD 83-2). Victoria by the Bay was required to install landscaping, streetlighting, park and recreational improvements as a condition of approval of the development. The Victoria by the Bay improvements are distinct from other improvements within the existing LLAD 83- 2 and require a higher level of maintenance. In April of 2002 an assessment ballot was mailed to the property owners within the boundaries of Victoria by the Bay on the matter of detaching the subject property from the existing LLAD 83- 2, forming the Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 (the “District”), approving a maximum amount of individual maintenance assessments for future years and authorizing an index by which the stated maximum amount of individual maintenance assessments could be increased in future years without the need for an assessment ballot procedure otherwise required by Section 4 of Article XIIID for an “increased assessment.”

The City Council adopted Resolution 02-050 on May 14, 2002. This resolution detached Victoria by the Bay from LLAD 83-2, formed the District, levied the first annual assessment and authorized the City Council to annually adjust assessment rates according to the index as set forth in the Engineer’s Report. The index defined in the Engineer’s Report is the change in the Bay Area’s Annual Consumer Price Index – All Urban Consumers (CPI) for the previous calendar year.

Current Annual Administration
As required by the 1972 Act, this Report describes the improvements to be constructed, operated, maintained and serviced by the District for FY 2023-24, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.

The Hercules City Council may amend the method of assessment from time to time in order to apportion the costs in relation to the special benefits being received. However, any increase in the assessments from the prior year, other than the annual increase from the CPI adjustment, will be subject to the applicable requirements of Proposition 218.

The Hercules City Council will hold a Public Hearing on Ju ly 11, 2023 to provide an opportunity for any interested person to be heard. At the conclusion of the public hearing the City Council may adopt a resolution confirming the levy of assessments as originally proposed. Following the adoption of this resolution, the Final Assessor’s Roll will be prepared and filed with the Contra Costa County Auditor’s Office, to be included on the FY 2023-24 tax roll.

350
Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this Report.

351

SECTION II

ENGINEER’S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972
SECTION 22500 THROUGH 22679

OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF HERCULES

VICTORIA BY THE BAY

LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1

FISCAL YEAR 2023-24

Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, being Resolution No. _____ adopted by the City Council of the City of Hercules on June 27, 2023, I, Eduardo R. Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Hercules Victoria by the Bay Landscaping and Lighting Assessment District No. 2002-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this , Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS

This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Hercules, and are incorporated herein by reference.

PART B: ESTIMATE OF COST

This part contains an estimate of the cost of the proposed improvements to be maintained for FY 2023-24, including incidental costs and expenses in connection therewith. The estimate is attached hereto, and is on file in the Office of the Director of Public Works of the City of Hercules.

352
PART C: ASSESSMENT DISTRICT DIAGRAM

This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Hercules.

The lines and dimension of each lot or parcel within the District 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 a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS

This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL

This part contains an assessment of the estimated cost of the improvements on each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Hercules and is incorporated in this Report. The list is keyed to the records of the Contra Costa County Assessor, which are incorporated herein by reference.

353

PART A

PLANS AND SPECIFICATIONS

The facilities that have been constructed within the District boundaries, and those which may be subsequently constructed, will be operated, maintained and serviced as generally described and defined below:

The park landscaping and streetlighting improvements to be maintained by the District are shown on the Landscape Plans for Victoria by the Bay prepared by The Collaborative West, dated November 2001, and Isaacson, Wood & Associates, dated December 2001 and the final landscape plans submitted, which plans are available for review in the Office of the Director of Public Works and are incorporated into this report by reference. Areas to be maintained are located within rights of way, which are dedicated to the public on the subdivision final maps. An “Improvements Diagram” is included in Appendix “A” of this report. This diagram is a plan of improvements and maintenance services to be funded by the District. The areas indicated on the improvements diagram to be maintained by the Homeowners Association or “HOA” have not been dedicated to the public and are not funded by District assessments.

The “Neighborhood” improvements to be maintained are defined as landscaping and lighting improvements along public streets and parkways and the linear parks within the development. Improvements to be maintained include trees, shrubs, vines, ground cover, turf, Victoria Park and Arbor Park improvements and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

The “City -wide” improvements to be maintained and paid for by Victoria by the Bay property owners are generally defined as arterial/major roadway landscape and lighting maintenance. Improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustment, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; trimming of vegetation and removal of debris in the area.

Improvements means one or any combination of the following: the installation or planting of landscaping, the installation or construction of statuary, fountains, and other ornamental structures and facilities; the installation or construction of public lighting facilities; the installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, 354
or electrical facilities; the maintenance or servicing, or both, of any of the foregoing; the acquisition of any existing improvement otherwise authorized pursuant to this section.

Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, streetlighting, public park , sidewalks, and recreational facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, streetlighting, public park , sidewalks, and recreational facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any streetlighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the streetlighting, public park and recreational facilities or appurtenant facilities.

Incidental expenses associated with the improvements including, but not limited to: the cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; the costs of printing, advertising, and the publishing, posting and mailing of notices; compensation payable to the County for collection of assessments; compensation of any engineer or attorney employed to render services; any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 of the Landscape and Lighting Act of 1972; costs associated with any elections held for the approval of a new or increased assessment.

355

PART B

ESTIMATE OF COST

The 1972 Act provides that the total cost of installation, construction, operation, maintenance and servicing of landscaping, streetlighting and park and recreational facilities can be recovered by the District. Maintenance can include the repair and replacement of existing facilities, including graffiti removal. Servicing can include electrical and associated costs from a public utility. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting and mailing of notices and all other costs associated with the annual collection process can also be included.

The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein.

The operation, maintenance and servicing costs for FY 2023-24 are summarized in Table 1 on the following page. These cost estimates were provided by the City of Hercules.

356

TABLE 1

*All parcels in the City pay their share of special benefit conferred to property on a per ERU basis for costs related to the City's Arterials/Major Roads landscaping and streetlighting improvements. The FY 2023-24 estimated budget for the City's Arterial/Major Roads landscaping and streetlighting improvements is approximately $337,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $32.66/ERU.

REVENUES
Assessments $500,652
Public Agency Assessments $7,885
General Benefit Contribution $12,048
TOTAL REVENUES: $520,585

ESTIMATED ANNUAL EXPENDITURES
Personnel $100,632
Transfer for Arterials/Major Roads Landscape and
Lighting Maintenance* $27,554
Landscaping, Open Space, and Associated Repairs $168,000 Tree Trimming $27,000
Electricity and Streetlight Repairs $16,000
Landscape and Facilities Water $250,000
Supplies and Vehicle Repairs $0
Assessment Engineering Cost $4,100
Incidental / Direct Admin Cost $35,800
County Fees $854
TOTAL ANNUAL EXPENDITURES: $629,940

CAPITAL IMPROVEMENT PROJECTS (CIP)
Tree Replacement $0
Other Capital Improvement Projects $0
TOTAL CIP EXPENDITURES: $0

TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $629,940

FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2023 ($358,132)
FY 2023-24 Reserve Collection Increase/(Decrease) ($109,355) Ending Balance - Projected June 30, 2024 ($467,487)
Recommended Operating Reserves $314,970
Available Operating Reserves ($467,487)
Available Capital Reserves $0

DISTRICT STATISTICS
Total Parcels 839
Total Parcels Levied 794
Total Equivalent Residential Units (ERU) 843.682
Maximum Levy per Benefit Unit $602.76
Applied Levy per Benefit Unit $602.76
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(VICTORIA BY THE BAY)

PROPOSED INCOME AND EXPENSE
FISCAL YEAR 2023-24
357

PART C

ASSESSMENT DISTRICT DIAGRAM

The boundaries of the District are contiguous with the boundaries of Subdivision 8455 .

The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Contra Costa County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 358
/67/105/116/121/32/111/102/32/72/101/114/99/117/108/101/115 /80/82/69/80/65/82/69/68/32/66/89/32/70/82/65/78/67/73/83/67/79/32/38/32/65/83/83/79/67/73/65/84/69/83/44/32/73/78/67 /46/45/44
/56/48
/66/69/76
/65/76/70/82/69/68/32/78/79/66/69/76
/76/73/78/85/83/32/80/65/85/76/73/78/71
/74/65/77/69/83/32/87/65/84/83/79/78
/83/65/78/32/80/65/66/76/79
/83/65/78/32/80/65/66/76/79
/83/80/73/78/78/65/75/69/82
/76/65/78/84/69/82/78/32/66/65/89
/65/82/66/79/82/32/66/65/89
/76/65/78/84/69/82/78/32/66/65/89
/87/72/73/84/69/32/67/65/80/32/67/79/86/69
/87/65/84/69/82/77/65/82/75
/77/65/82/73/84/73/77/69
/84/82/69/76/76/73/83/32/66/65/89
/86/73/67/84/79/82/73/65
/67/82/69/83/67/69/78/84
/83/72/69/76/84/69/82/32/66/65/89
/83/72/69/76/84/69/82/32/66/65/89
/84/85/71/32/66/79/65/84
/83/72/69/76/84/69/82/32/66/65/89
/68/82/73/70/84/87/79/79/68/32/67/79/86/69/83/65/76/84/32/83/80/82/65/89 /83/72/79/82/69/66/73/82/68
/68/79/67/75/83/73/68/69/32/66/65/89
/86/73/67/84/79/82/73/65/32/67/82/69/83/67/69/78/84
/87/65/86/69/82/76/89
/87/65/86/69/82/76/89
/76/65/85/82/69/76/87/79/79/68
/67/82/65/70/84/83/77/65/78
/67/82/69/80/69/32/77/89/82/84/76/69
/77/65/89/66/69/67/75
/87/72/73/84/69/32/66/73/82/67/72
/67/79/80/80/69/82
/66/69/69/67/72
/71/76/69/78
/70/76/79/87/69/82/73/78/71/32/65/83/72
/83/84/79/78/69/32/80/73/78/69
/67/82/65/66/65/80/80/76/69
/83/87/69/69/84/32
/71/85/77 /74/65/67/65/82/65/78/68/65
/67/65/77/69/76/73/65
/67/89/80/82/69/83/83
/67/82/65/70/84/83/77/65/78
/76/73/78/85/83/32/80/65/85/76/73/78/71
/69/85/75/65/76/89/80/84/85/83/32/75/78/79/76/76
/86/73/67/84/79/82/73/65/32/67/82/69/83/67/69/78/84
/86/73/67/84/79/82/73/65/32/67/82/69/83/67/69/78/84
/83/67/72/79/79/78/69/82/32/67/79/86/69
/78/65/85/84/73/67/65/76/32/67/79/86/69
/84/82/69/83/84/76/69/32/67/79/86/69
/86/73/67/84/79/82/73/65/32/80/65/82/75
/82/69/71/65/84/84/65/32/80/79/73/78/84
/82/79/67/75/32/72/65/82/66/79/82/32/80/79/73/78/84
/83/72/69/76/84/69/82/32/66/65/89
/82/69/71/65/84/84/65/32/80/79/73/78/84
/67/73/84/89/32/79/70/32/72/69/82/67/85/76/69/83
/76/65/78/68/83/67/65/80/73/78/71/32/38/32/76/73/71/72/84/73/78/71/32/68/73/83/84/82/73/67/84 /65/83/83/69/83/83/77/69/78/84/32/68/73/65/71/82/65/77
/76/76/65/68/32/50/48/48/50/45/49
/78
/80/114/111/106/47/72/101/114/99/117/108/101/115/47/70/89/49/50/45/49/51/47/68/105/97/103/114/97/109/115/47/50/48/48/50/45/49/95/100/105/97/103/114/97/109/46/112/100/102/32/32/40/48/52/45/49/53/45/49/48/32/83/65/41 /80/97/114/99/101/108/115/32/108/111/99/97/116/101/100/32/119/105/116/104/105/110 /116/104/101/32/76/76/65/68/32/50/48/48/50/45/49
/67/105/116/121/32/76/105/109/105/116
/76/69/71/69/78/68
/66/97/115/101/109/97/112
/76/76/65/68/32/50/48/48/50/45/49/32/66/111/117/110/100/97/114/121 /76/76/65/68/32/50/48/48/50/45/49
359
PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS

INTRODUCTION

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, streetlighting and park and recreational facilities.

Section 22573 of the Landscaping and Lighting Act of 1972 requires that maintenance assessments must be levied according to special benefit, rather than according to assessed value. This Section states:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements.

The determination of whether 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].”

Because assessments are levied on the basis of special benefit, they are not considered a tax, and therefore, are not governed by Article XIIIA of the California Constitution.

The Act permits the designation of zon es of benefit within any individual assessment district if “by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement s” (Sec. 22574).

Article XIIID pr ovided 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 residential, commercial, industrial and institutional activities.

360

GENERAL BENEFIT

Under Article XIIID of the State Constitution (Proposition 218) general benefit is not assessable to the property owners within the assessment district. The different vario us types of general benefit associated with this district are described below:

Neighborhood Improvements: It is anticipated that there will be minimal flow through traffic within the in- tract neighborhood streets associated with LLAD No. 2002-1. However, there is a possibility for pedestrians and vehicles to access a destination outside of the development through the in- tract streets and therefore the in-tract streetlighting and landscape improvements provide a minimal general benefit to the public-at-large or to the parcels outside of LLAD 2002 -1. Based on the industry standard for comparable neighborhoods , 2% of the annual cost to operate and maintain the in- tract streetlighting and landscape improvements is considered to be a general benefit.

Arterial/Major Roads Landscape and Lighting Maintenance: The arterial/major roadways allow residents to easily access all areas of the City and provide a clear benefit to all properties in the City. Therefore, landscape and lighting maintenance costs associated with the arterial/major roads are spread proportionately to all parcels in the City. The roads that fall into this category are John Muir Parkway, San Pablo Avenue, Refugio Valley Road, Sycamore Avenue, and Willow Avenue.

Although these roads are mostly utilized by people coming to and from Hercules, there is some general benefit that can be attributed to flow through traffic generated from properties outside of City limits. Based on an initial circulation analysis, it is estimated that an average of 6% of traffic on these roads can be attributed to flow through traffic. The City will conduct a study to better estimate the percentage of flow through traffic.

SPECIAL BENEFIT

Most of the improvements to be serviced and maintained by the assessment district have been constructed as a condition of approval of Victoria by the Bay and are of special benefit to the various parcels of land within this development. These special benefits are summarized below.

Streetlighting: Streetlighting is critical for public safety. Well -maintained streetlighting provides security to the adjacent properties by deterring crime and allowing Hercules police the ability to identify and control suspicious and criminal activity. It allows for safe pedestrian and vehicular traffic flow and circulation by improving the ability of pedestrians and motorists to see and to enter and exit property, which helps reduce night time accidents resulting in lower police, fire and paramedic costs to the City and its residents. Street lighting also increases the promotion of business during nighttime hours in the case of commercial property.

361
Landscaped Streetscapes and Roadway Medians: The District keeps the City’s landscaped streetscapes and roadway medians well-groomed and irrigated which enhances property values throughout the City. These services include, landscape maintenance, plant replacement, irrigation, tree pruning, and litter control. Some of the special benefits properties receive from well -maintained landscaping include:
• The aesthetic value of green space;
• Improved aesthetic appeal of nearby parcels;
• Enhanced adaptation of the urban environment within the natural environment;
• Improved erosion control;
• Improved dust and debris control;
• Reduced air pollution; and
• Enhanced sense of pride within the development and community.

Parks and Recreational Facilities: The District provides landscape and recreational facility maintenance at Victoria Park and Arbor Park which enhances property values within the District . These services include, landscape maintenance, playground equipment cleaning and replacement, irrigation, tree pruning, plant replacement and litter control.

Open Space Cleanup and Graffiti Abatement
Miscellaneous improvements such as the removal of litter, debris, and graffiti are of special benefit to each property within the District.

The special benefit s received by these may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant reduction in the quality of life could be significant. In contrast to the current conditions, one c ould find streets without lights, parks parc hed from lack of water, hillsides littered with debris, unkempt community facilities with graffiti and traffic medians overtaken by weeds. The resulting loss to property in terms of the desirability of the City of Hercules as a place to live and work would be obvious. Clearly the continuation of the City’s maintenance effort is of special benefit to each property owner within the District.

The City’s maintenance effort , referred to as the “improvements” can be described as follows:

a. Streetlighting and Landscape Maintenance
The streetlights and landscaping improvements within the District were installed as a condition of approval of the development. The benefits received from these improvements are easily identified with the individual properties within the District.

Streetlighting increases security for homeowners and improves the appearance of property frontage during the hours of darkness. Streetlighting also improves safety for motorists and safety for pedestrians. Security and appearance are property 362
benefits. Traffic and pedestrian safety are related to parcel use or occupancy.

Increased levels of lighting are required for increased use.

Landscaping on public streets improves the appearance of private property.

Landscaping that is not maintained will perish and the cost of replacement may be prohibitively expensive. Landscaping on public streets is therefore of benefit to property. Landscaping on public streets also improves the quality of life on a day - to-day basis. Increased use generally requires increased levels of service. Hence, as with streetlighting benefits, landscaping benefits are seen to be proportionate to parcel size and to parcel use.

b. Neighborhood Park and Recreation Facility Maintenance Neighborhood parks are of special benefit to the properties within the District .

Neighborhood parks are designed to serve the immediate parcels within the neighborhood. The determination as to whether or not a park is of local or City - wide benefit is based upon the activities at the park. If structured City-wide events are conducted at a park, then it is attributed to City-wide benefits as opposed to localized or neighborhood benefits. City-wide park costs are paid from Zone 10 of LLAD No. 83-2.

c. Open Space Cleanup and Graffiti Abatement
Miscellaneous improvements such as the removal of litter, debris, and graffiti are of special benefit to each property within the District.

ASSESSMENT METHODOLOGY

The total operation, maintenance and servicing costs for the landscaping, streetlighting and public park and recreational facilities are apportioned in accordance with the methodology stated herein. The method for spreading the costs to each parcel is based on an Equivalent Residential Unit (ERU) factor.

1. Detached Single-Family Residences
Approximately 99% of the residential parcels in the District are detached single-family residential (SFR) parcels. Although the individual parcel size, building square footage and population for each SFR parcel may vary from parcel to parcel the benefit received is approximately the same from the improvements. Even though a SFR may have more building square footage than another it does not necessarily mean that the larger home receives a greater benefit. Therefore one (1) SFR parcel shall be equal to one (1) ERU. Because the majority of parcels in the District are SFR it is also reasonable to measure the relative benefits received by other residential land use in terms of that received by a detached SFR parcel.

2. Multi-Family Residential / Deed-Restricted Affordable Housing Units The special benefit received by Multi -family Residential (MFR) units may be determined by comparing them to SFRs. In this District, the MFR parcels will contain deed-restricted affordable housing units. Benefits per dwelling unit are observed to be 363
greater for SFR units than for MFR units. MFR units receive decreased benefits per dwelling unit from the improvements in terms of property benefit because the number of units supporting the fixed improvements is larger than for SFR detached units. On the other hand MFR units receive increased benefits from parks and recreation facilities. The Urban Land Institute has established a series of land use intensity ratings, which indicate the smaller units require more public open space and recreational areas per unit than do SFR parcels.

The deed-restricted affordable housing site will consist of 132 units on approximately 8 acres; this amounts to approximately 2,640 square feet of land per unit. An average SFR lot in Victoria by the Bay has approximately 6,000 sq. ft. One can assume the average building area of a SFR unit will be 2,300 square feet and MFR unit to be 900 square feet. Based upon density studies for neighboring communities, it is reasonable to assume that SFR and MFR will have 3 and 2 persons per unit, respectively. It is reasonable to assume that a vacant lot will require 25% the maintenance effort for an improved (occupied) lot. The remaining 75% of the benefit may be said to be related to parcel use. Equivalent Residential Units (ERU) for MFR units are calculated as follows:

The deed-restricted affordable housing units, by virtue of the non- profit use to which they have been indefinitely committed , are deprived from receiving comparable economic benefit from district improvements. These units have been assessed at 50% of the assessment for MFR units, reflecting this reduced special benefit, or = 0.60 x 50% = 0.30 ERU per unit.

3. Vacant (Unimproved) Land
This underlying benefit of parks and recreation facilities, public landscaping weed abatement and streetlighting accrues to the land and relates to the permanent nature of certain improvements. The maintenance effort is of benefit to all land within the District. The minimum lev el of maintenance required to preserve street landscaping, Relative Benefits = 0.25 (Lot Area / Person) + 0.75 (Bldg. Area / Person) (SFR Lot Area / Person) (SFR Bldg. Area / Person)
Assume MFR = 2,600 SFLot / Unit
900 SFBldg. / Unit

2.0 Persons per Unit
Assume SFR = 6,000 SFLot / Unit
2,300 SFBldg. / Unit

3.0 Persons per Unit
Benefit = 0.25 (2,600 / 2) + 0.75 (900 / 2)
(6,000 / 3) (2,300 / 3)
MFR Benefit = 0.16 + 0.44 = 0.60 ERU
364
lighting, park and recreation facilities in the District is estimated to be 25% of the required for build-out maintenance cost. Accordingly, the estimated benefit received by an unimproved parcel of land with in an approved development potential is 25% of that received by an improved parcel, equal in size. This assumes that unimproved land will have no use of the facilities.

Therefore, vacant (unimproved) land is assessed at 25% of the developed E RU rate for the property.

4. Public Properties
City parks benefit from the neighborhood services provided by the neighborhood in which they are located. The benefit received is closely related to the improved frontage and not the area of the lot or the building. If one assumes that the depth of a standard lot in the City is 100 feet, the number of ERU’s corresponding to this frontage benefit would be equal to the street frontage of the park or recreation facility times 100 feet divided by 8,485, the average size of a SFR in Hercules. This same frontage benefit analysis is used for other public properties in the City of Hercules. Therefore, improved public properties are assigned ERUs using the following formula:

Lot Frontage x 100 / 8,485 = ERUs

Open space in residential neighborhoods may be seen to benefit from the safety provided to the land by streetlighting but not from other user related services. The ERU for public open space are therefore estimated to be equal to the parcel frontage times 100 feet of lot depth times 25% divided by 8,485. Therefore, open space parcels are assigned ERUS using the following formula:

Lot Frontage x 100 / 8,485 x 25% = ERUs

However, Lot Frontage x 100 cannot exceed the actual area of the parcel.

5. Exempt Parcels
Certain properties do not benefit from landscaping, lighting, park and recreational improvements and have not been assessed. City parks, recreational facilities and open space do not benefit from the features, which are the subject of the assessment.

These properties on the other hand may benefit from the neighborhood landscaping and lighting services provided in the neighborhoods in which they are located. Public streets and right of ways do not benefit from landscaping and lighting improvements or from park and recreation facilities. Railroad right of ways and pipeline easements or fee strips generally does not benefit. The assessments for the special benefits received by common areas are included in the assessment for t he residential units with which they are associated. Common areas themselves are not assessed.

365

CALCULATION OF ASSESSMENTS

The costs shown in Table 1 Part B, Estimate of Cost, have been distributed among the various parcels of land within the assessment district in accordance with the rationale described above to determine the applied assessment rate. The applied assessment rate is then multiplied by each parcel ’s assigned ERUs to d erive the annual assessment for that parcel.

Assessments for public property are listed in Appendix “ B”. Assessments for all parcels are listed in Appendix “C”. The total ERUs and the applied assessment rates are shown in Table 1, Part B, Estimate of Cos t. The following table shows the FY 2023-24 assessments for various land use classifications:

CPI INCREASE

The City can levy assessments every year up to the maximum assessment, which is increased by the annual change in the Consumer Price Index (CPI), San Francisco Bay Region All Urban Consumers. The applicable increase in the maximum assessment for FY 2023-24 is 5.3%.

MAXIMUM ASSESSMENT

For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in t his Report, as adjusted by the CPI increase described above unless a special proceeding is conducted and affirmed according to law.

DURATION O

F ASSESSMENTS

Assessments will be levied in perpetuity unless otherwise determined by City Council.

$602.76 per lot $602.76 per lot
$150.69 per lot $150.69 per lot
$361.66 per unit $361.66 per unit
$180.83 per unit $180.83 per unit
FY 2023-24
Applied
Assessment
Single-Family Residence
Vacant Single-Family
Multi-Family Residential
Deed-Restricted Affordable Housing Unit
FY 2023-24
Maximum
Assessment
Classification
366
PART E

PROPERTY OWNER LIST & ASSESSMENT ROLL

A list of names and addresses of the owners of all parcels, and the description of each parcel within the District is shown on the last equalized Secured 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 proposed amount of assessments for FY 2023-24 apportioned to each lot or parcel. The Assessment Roll is on file in the Office of the City Clerk of the City of Hercules and is shown in this Report as Appendix “C”.

The total proposed assessment for FY 2023-24 is $508,537.76. 367

APPENDIX “A”

IMPROVEMENTS DIAGRAM
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LLAD NO. 2002-1

NEIGHBORHOOD MAINTENANCE IMPROVEMENT DIAGRAM
Regatta Point
Victoria Crescent West
Rock Harbor Point
Lantern Bay
San Pablo Avenue
Victoria Crescent East
Victoria Crescent West
Craftsman Drive
Crepe Myrtle Drive
Trestle Cove
0 500
Feet
±

VICTORIA
PARK
ARBOR
PARK

SHORELINE PARK
(CITYWIDE - ZONE 10)
LEGEND
# STREET LIGHTS

DISTRICT BOUNDARY
PARKS

LANDSCAPING

PARCELS
2002-1 PARCELS
369

APPENDIX “B”

PUBLIC PROPERTY ASSESSMENTS
370
APN LocationOwner/Use ERUUnits Acres
Neighborhood
Amount

CITY OF HERCULES

VICTORIA BY THE BAY LANDSCAPING
AND LIGHTING DISTRICT NO. 2002-1

PUBLIC PROPERTY ASSESSMENTS
FY 2023-24
404030045 VICTORIA CRESCENTCity/Open Space 0 11.402 0.589 $355.02 404520035 VICTORIA CRESCENTCity/Park 0 2.500 12.493 $7,530.28 Total: 0 13.902 13.082 $7,885.30
B- 2
371

APPENDIX “C”

ASSESSMENT ROLL

372

CITY OF HERCULES

VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404030045 $355.02
404030050 $23,869.30
404500001 $602.76
404500002 $602.76
404500003 $602.76
404500004 $602.76
404500005 $602.76
404500006 $602.76
404500007 $602.76
404500008 $602.76
404500009 $602.76
404500010 $602.76
404500011 $602.76
404500012 $602.76
404500013 $602.76
404500014 $602.76
404500015 $602.76
404500016 $602.76
404500017 $602.76
404500018 $602.76
404500019 $602.76
404500020 $602.76
404500021 $602.76
404500022 $602.76
404500023 $602.76
404500024 $602.76
404500025 $602.76
404500026 $602.76
404500027 $602.76
404500028 $602.76
404500029 $602.76
404500030 $602.76
404500031 $602.76
404500032 $602.76
404500033 $602.76
404500034 $602.76
404500035 $602.76
404500036 $602.76
404500037 $602.76
404500038 $602.76
404500039 $602.76
404500040 $602.76
404500041 $602.76
404500042 $602.76
404500043 $602.76
404500044 $602.76
404500045 $602.76
404500046 $602.76
404500047 $602.76
404500048 $602.76
404500049 $602.76
404500050 $602.76
404500051 $602.76
404500052 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404500053 $602.76
404500054 $602.76
404500055 $602.76
404500056 $602.76
404500057 $602.76
404500058 $602.76
404500059 $602.76
404500060 $602.76
404500061 $602.76
404510001 $602.76
404510002 $602.76
404510003 $602.76
404510004 $602.76
404510005 $602.76
404510006 $602.76
404510007 $602.76
404510008 $602.76
404510009 $602.76
404510010 $602.76
404510011 $602.76
404510012 $602.76
404510013 $602.76
404510014 $602.76
404510015 $602.76
404510016 $602.76
404510017 $602.76
404510018 $602.76
404510019 $602.76
404510020 $602.76
404510021 $602.76
404510022 $602.76
404510023 $602.76
404510024 $602.76
404510025 $602.76
404510026 $602.76
404510027 $602.76
404510028 $602.76
404510029 $602.76
404510030 $602.76
404510031 $602.76
404510032 $602.76
404510033 $602.76
404510034 $602.76
404510035 $602.76
404510036 $602.76
404510037 $602.76
404510038 $602.76
404510039 $602.76
404510040 $602.76
404510041 $602.76
404510042 $602.76
404510043 $602.76
404510044 $602.76
404510045 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404510046 $602.76
404510047 $602.76
404510048 $602.76
404510049 $602.76
404510050 $602.76
404510051 $602.76
404510052 $602.76
404510053 $602.76
404510054 $602.76
404510055 $602.76
404510056 $602.76
404520001 $602.76
404520002 $602.76
404520003 $602.76
404520004 $602.76
404520005 $602.76
404520006 $602.76
404520007 $602.76
404520008 $602.76
404520009 $602.76
404520010 $602.76
404520011 $602.76
404520012 $602.76
404520013 $602.76
404520014 $602.76
404520015 $602.76
404520016 $602.76
404520017 $602.76
404520018 $602.76
404520019 $602.76
404520020 $602.76
404520021 $602.76
404520022 $602.76
404520023 $602.76
404520024 $602.76
404520025 $602.76
404520026 $602.76
404520027 $602.76
404520028 $602.76
404520029 $602.76
404520030 $602.76
404520031 $602.76
404520032 $602.76
404520033 $602.76
404520034 $602.76
404520035 $7,530.28
404530001 $602.76
404530002 $602.76
404530003 $602.76
404530004 $602.76
404530005 $602.76
404530006 $602.76
404530007 $602.76
404530008 $602.76
06/14/23
C-2
373

CITY OF HERCULES

VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404530009 $602.76
404530010 $602.76
404530011 $602.76
404530012 $602.76
404530013 $602.76
404530014 $602.76
404530015 $602.76
404530016 $602.76
404530017 $602.76
404530018 $602.76
404530019 $602.76
404530020 $602.76
404530021 $602.76
404530022 $602.76
404530023 $602.76
404530024 $602.76
404530025 $602.76
404530026 $602.76
404530027 $602.76
404530028 $602.76
404530029 $602.76
404530030 $602.76
404530031 $602.76
404530032 $602.76
404530033 $602.76
404530034 $602.76
404530035 $602.76
404530036 $602.76
404540001 $602.76
404540002 $602.76
404540003 $602.76
404540004 $602.76
404540005 $602.76
404540006 $602.76
404540007 $602.76
404540008 $602.76
404540009 $602.76
404540010 $602.76
404540011 $602.76
404540012 $602.76
404540013 $602.76
404540014 $602.76
404540015 $602.76
404540016 $602.76
404540017 $602.76
404540018 $602.76
404540019 $602.76
404540020 $602.76
404540021 $602.76
404540022 $602.76
404540023 $602.76
404540024 $602.76
404540025 $602.76
404540026 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404540027 $602.76
404540028 $602.76
404540029 $602.76
404540030 $602.76
404540031 $602.76
404540032 $602.76
404540033 $602.76
404540034 $602.76
404540035 $602.76
404540036 $602.76
404540037 $602.76
404540038 $602.76
404540039 $602.76
404550001 $602.76
404550002 $602.76
404550003 $602.76
404550004 $602.76
404550005 $602.76
404550006 $602.76
404550007 $602.76
404550008 $602.76
404550009 $602.76
404550010 $602.76
404550011 $602.76
404550012 $602.76
404550013 $602.76
404550014 $602.76
404550015 $602.76
404560001 $602.76
404560002 $602.76
404560003 $602.76
404560004 $602.76
404560005 $602.76
404560006 $602.76
404560007 $602.76
404560008 $602.76
404560009 $602.76
404560010 $602.76
404560011 $602.76
404560012 $602.76
404560013 $602.76
404560014 $602.76
404560015 $602.76
404560016 $602.76
404560017 $602.76
404560018 $602.76
404560019 $602.76
404560020 $602.76
404560021 $602.76
404560022 $602.76
404560023 $602.76
404560024 $602.76
404560025 $602.76
404560026 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404560027 $602.76
404560028 $602.76
404560029 $602.76
404560030 $602.76
404560031 $602.76
404560032 $602.76
404560033 $602.76
404560034 $602.76
404560035 $602.76
404560036 $602.76
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404570004 $602.76
404570005 $602.76
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404570007 $602.76
404570008 $602.76
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404570010 $602.76
404570011 $602.76
404570012 $602.76
404570013 $602.76
404570014 $602.76
404570015 $602.76
404570016 $602.76
404570017 $602.76
404570018 $602.76
404570019 $602.76
404570020 $602.76
404570021 $602.76
404570022 $602.76
404570023 $602.76
404570024 $602.76
404570025 $602.76
404570026 $602.76
404570027 $602.76
404570028 $602.76
404570029 $602.76
404570030 $602.76
404570031 $602.76
404570032 $602.76
404570033 $602.76
404570034 $602.76
404570035 $602.76
06/14/23
C-3
374

CITY OF HERCULES

VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404570036 $602.76
404570037 $602.76
404570038 $602.76
404570039 $602.76
404570040 $602.76
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404580008 $602.76
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404580011 $602.76
404580012 $602.76
404580013 $602.76
404580014 $602.76
404580015 $602.76
404580016 $602.76
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404580018 $602.76
404580019 $602.76
404580020 $602.76
404580021 $602.76
404580022 $602.76
404580023 $602.76
404580024 $602.76
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404580027 $602.76
404580028 $602.76
404580029 $602.76
404580030 $602.76
404580031 $602.76
404580032 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404580033 $602.76
404580034 $602.76
404580035 $602.76
404580036 $602.76
404580037 $602.76
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404580081 $602.76
404590001 $602.76
404590002 $602.76
404590003 $602.76
404590004 $602.76
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Assessor's
Parcel
Number
Neighborhood
Amount
404590006 $602.76
404590007 $602.76
404590008 $602.76
404590009 $602.76
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404590011 $602.76
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404590055 $602.76
404590056 $602.76
404590057 $602.76
404590058 $602.76
404590059 $602.76
06/14/23
C-4
375

CITY OF HERCULES

VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404590060 $602.76
404590061 $602.76
404590062 $602.76
404590063 $602.76
404590064 $602.76
404590065 $602.76
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404590077 $602.76
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404590080 $602.76
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404590082 $602.76
404590083 $602.76
404590084 $602.76
404590085 $602.76
404590086 $602.76
404590087 $602.76
404590088 $602.76
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404590090 $602.76
404590091 $602.76
404590092 $602.76
404590093 $602.76
404590094 $602.76
404590095 $602.76
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404590109 $602.76
404590110 $602.76
404590111 $602.76
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Assessor's
Parcel
Number
Neighborhood
Amount
404590114 $602.76
404590115 $602.76
404590116 $602.76
404590117 $602.76
404600001 $602.76
404600002 $602.76
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404600029 $602.76
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404610011 $602.76
404610012 $602.76
404610013 $602.76
404610014 $602.76
404610015 $602.76
404610016 $602.76
404610017 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404610018 $602.76
404610019 $602.76
404610020 $602.76
404610021 $602.76
404610022 $602.76
404610023 $602.76
404610024 $602.76
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404610029 $602.76
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404610031 $602.76
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404620025 $602.76
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404620027 $602.76
404620028 $602.76
404620029 $602.76
404620030 $602.76
06/14/23
C-5
376

CITY OF HERCULES

VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2023-24
Assessor's
Parcel
Number
Neighborhood
Amount
404620031 $602.76
404620032 $602.76
404620033 $602.76
404620034 $602.76
404620035 $602.76
404620036 $602.76
404620037 $602.76
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404640021 $602.76
404680001 $602.76
404680002 $602.76
404680003 $602.76
404680004 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404680005 $602.76
404680006 $602.76
404680007 $602.76
404680008 $602.76
404680009 $602.76
404680010 $602.76
404680011 $602.76
404680012 $602.76
404680013 $602.76
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404680016 $602.76
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404680018 $602.76
404680019 $602.76
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404680025 $602.76
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404680028 $602.76
404680029 $602.76
404680030 $602.76
404680031 $602.76
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404680033 $602.76
404680034 $602.76
404680035 $602.76
404680036 $602.76
404680037 $602.76
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404680043 $602.76
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404680051 $602.76
404680052 $602.76
404680053 $602.76
404740001 $602.76
404740002 $602.76
404740003 $602.76
404740004 $602.76
404740005 $602.76
Assessor's
Parcel
Number
Neighborhood
Amount
404740006 $602.76
404740007 $602.76
404740008 $602.76
404740009 $602.76
404740010 $602.76
404740011 $602.76
404740012 $602.76
404740013 $602.76
404740014 $602.76
404740015 $602.76
404740016 $602.76
404740017 $602.76
404740018 $602.76
404740019 $602.76
404740020 $602.76
404740021 $602.76
404740022 $602.76
404740023 $602.76
404740024 $602.76
404740025 $602.76
404740026 $602.76
404740027 $602.76
404740028 $602.76
404740029 $602.76
404740030 $602.76
404740031 $602.76
404740032 $602.76
404740033 $602.76
404740034 $602.76
404740035 $602.76
404740036 $602.76
404740037 $602.76
404740038 $602.76
404740039 $602.76
404740040 $602.76
404740041 $602.76
404740042 $602.76
404740043 $602.76
$508,537.76
06/14/23C-6
377
378

DISCUSSION AND /OR ACTION

3. 22-586

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 27, 2023
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks and Recreation Director SUBJECT: Senior Nutrition Infrastructure Grant
RECOMMENDATION ACTION:

Staff recommends that the Hercules City Council:

1. Receive the staff report on the item;

2. Ask clarifying questions of staff, if any; and

3. Adopt a resolution authorizing staff to accept the Senior Nutrition Infrastructure Grant and appropriating $47,600 from FY 23-24 to be reimbursed by the grant award.

EXECUTIVE SUMMARY:

The Hercules Parks and Recreation Department applied for a Senior Nutrition Infrastructure Grant through Contra Costa County Area Agency on Aging (AAA) to enhance and improve congregate meal services at the Hercules Senior Center. Staff is pleased to share with City Council that we have been awarded $47,600.00 to go towards this endeavor.

Staff comes before City Council to appropriate the funding to get the project done within the program’s required timeline, which expires at the end of the current calendar year.

Funding for this grant is reimbursed at the conclusion of the updates.

BACKGROUND:

The Contra Costa County Area Agency on Aging (AAA), a division in the Employment & Human Services Department’s Aging and Adult Services Bureau, has awarded the Ci ty of Hercules funds under the Home and Community B ased Services (HCBS) Senior Nutrition Infrastructure (SNI) grant program. The AAA, in partnership with County Public 379
22-586
Health, administers the senior nutrition program (SNP) in Contra Costa. The goal of the SNI is to improve and strengthen senior nutrition s ervices in local communities by providing infrastructure funding support. The total funding available countywide is $1,122,039 for the period of July 1, 2022 , through December 30, 20 23. This grant opportunity prioritizes purchasing, upgrading, or refurbishing of infrastructure and equipment needs to enhance and improve congregate and home-delivered meal services in Contra Costa County.

ANALYSIS:

Since the money has been awarded and there is a short window to complete t he project staff will begin to work on this project immediately should the City Council appropriate the funds to get started.

FISCAL IMPACT OF RECOMMENDATION:

With the grant awarded to th e City of Hercules Parks and Recreation Department in the amount of $47,600, the fiscal impact should be minimal barring any unforeseen circumstances. If the City Council allocates $47,600 towards the advanced purchasing of equipment and services, City staff will start to work on this project immediately and will look to complete the project by December 2023.

ATTACHMENTS:

1. Resolution

2. Letter to the County requesting funding

3. CCC Area Agency on Aging – Funding Request Questionnaire

4. California Department of Aging – Equipment Justification Form

5. Title IIIC Capital Expenditure Approved List
380
RESOLUTION NO.

RESOLUTION OF THE CI TY COUNCIL OF THE CITY OF HERCULES

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SENIOR NUTRITION INFRASTRUCTURE GRANT APPROPRIATING $47,600 FROM FY2 3-24 TO BE

REIMBURSED BY THE GRANT AWARD

WHEREAS, the City of Hercules is eligible to receive $47,600 from Contra Costa County Area Agency on Aging (AAA) to enhance and i mprove the congregate meal services at the Hercules Senior Center; and

WHEREAS, the Senior Nutrition Infrastructure Grant must be completed in the 2023 calendar year; and

WHEREAS, the City of Hercules wishes to delegate authority to execute this Agreement to the City Manager.

WHEREAS, the City Manager or his designee is authorized to execute the Seni or Nutrition Infrastructure Gran t and establish the re lated revenue and expenditure budgets in the amount of $47,600 to implement the award.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:

1. The City Council he reby authorizes the City Manager to execute a contract with the Contra Costa County Area Agency on Aging (AAA), a division in the Employment & Human Services Department’s Aging and Adult Services Bureau towards the advanced purchase of equipment and services at the Hercules Senior Center kitchen.

2. The City Council h ereby authorizes the appropriation of related revenue and expenditure budgets for $47,600 to implement the award.

The foregoing Resolution was duly and regularly adopted at a special meeting of the City Council of the City of Her cules held on the twenty seventh day of June 2023 by the following vote of the Council:

AYES:

NOES:

____________________________
Alexander Walker-Griffin, Mayor
ATTEST:

Eibleis Melendez
City Clerk
381

CITY OF HERCULES

PARKS & RECREATION DEPARTMENT
2001 Refugio Valley Rd.

Hercules, California 94547
FAX: (510) 799-8288

Telephone: (510) 799-8228

July 14, 2022

Jenny Lam
Contra Costa County

Dear Ms. Lam,

As you know we have requested grant funding for essentially a kitchen remodel at our Senior Center, located at 111 Civic Dr., Hercules, CA 94547. Please see the completed Equipment Justification Form per your request. Additionally, I’d like to add our goal for the remodel is to make our kitchen safe for our staff, senior volunteers and our senior members that use the facility daily. These improvements will help get us in compliance (i.e. 3-compartment sink), and make life easier for those that help serve our senior community on a daily basis.

The Senior Center is owned and operated by the City of Hercules. It is one of many city owned facilities. As you can imagine, owning several facilities and properties, there are always many competing needs. Our proposed improvements would not be done if not for this grant.

I am working on securing formal quotes from contractors, for the work on the flooring, the counters, the cabinets and plumbing. I will try to get these asap. Otherwise, I will look to forward some email correspondences from a couple different contractors about these items in hopes that this will suffice.

On behalf of the City of Hercules Parks and Recreation Department I would like to thank you for taking an interest in our Senior Center. I sincerely hope that I have adequately answered your questions, and that we are ultimately awarded the much-needed funding.

Should you have any additional questions I can be reached at (510) 799-8228, or via email at [email protected]. Thank you in advance.

Sincerely,

Christopher Roke

Christopher Roke
Parks & Recreation Director

Cc: Kristina Griffith, Recreation Leader III – Senior Center Bryce Halliday, Recreation Coordinator
382

HOME AND COMMUNITY BASED SERVICES

SENIOR NUTRITION INFRASTRUCTURE GRANT PROGRAM

CONTRA COSTA COUNTY AREA AGENCY ON AGING

FUNDING REQUEST QUESTIONNAIRE

BACKGROUND:

The Contra Costa County Area Agency on Aging (AAA), a division in the Employment & Human Services Department’s Aging and Adult Services Bureau, is pleased to announce the availability of funds under the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure (SNI) grant program. The AAA, in partnership with County Public Health, administers the senior nutrition program (SNP) in Contra Costa. The goal of the SNI is to improve and strengthen senior nutrition services in local communities by providing infrastructure funding support. The total funding available is $1,122,039 for the period of July 1, 2022 through December 30, 2023. This grant opportunity shall prioritize purchasing, upgrading, or refurbishing of infrastructure and equipment needs to enhance and improve congregate and home-delivered meal services in Contra Costa County.

INSTRUCTIONS:

Current contractors, meal sites, and partner agencies of the County’s home-delivered and congregate meal services that have infrastructure and equipment needs are invited to submit a request for SNI funding. Priority will be given to proposals that include energy efficient upgrades. Please provide the information requested below to be considered for funding. Submission of request does not guarantee funding and is subject to approval by the California Department of Aging. Amount of funding requested may not be fully granted. Submit your request no later than Friday, May 27 by 5:00 p.m. to Jenny Lam at [email protected]. Late submission will not be considered.

If you have questions or need more information, please contact Jenny Lam at 925-655- 0773 or [email protected]. Good luck!

Agency Name: City of Hercules Date: 7/8/2022

Request/Project: Hercules Senior Center Infrastructure Request Amount: $ $49,000

1. Project Narrative

Provide a brief description of the project and how the funding will be utilized. Include the following information on your description: (as applicable) 383

 Expected outcomes as a result of the funding, including:
o Increasing the number of meals served, clients served, or delivery routes o Expanding service to new areas
o Improving service delivery
o Implementing or piloting an innovative program
o Expanding service to historically underserved targeted populations of the senior nutrition program (e.g., low-income, limited English-speaking, LGBTQ, racial minorities, HIV/AIDS status, etc.)
 If proposing to purchase equipment, explain how the request will improve the infrastructure of the senior nutrition program
 If proposing a capital project or structural upgrade (e.g., repairing floors, making the meal site more energy efficient, upgrading air filtration system, etc.), explain how the project will improve the infrastructure of the senior nutrition program.

Replacement of equipment to increase the efficiency of the preparation and storage of meals for the elderly.

2. Planned Equipment Expenditures

Provide all Planned Equipment Expenditures that will support the Project Narrative above.

When requesting equipment expenditures please note the following:
 Verify that all equipment requested is approved via Title IIIC Capital Expenditure Approved List (Attached)
 If the equipment is not approved, please complete the Equipment Request Form (Attached)
 CDA requires reporting equipment/property purchased of $5000 per unit  All computing devices, (including, but not limited to: workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones) regardless of cost, must be reported.
 All portable electronic storage media (including, but not limited to: thumb/flash drives and portable hard drives) regardless of cost, must be reported.

Equipment expenditures would include a 3 compartment sink, new appliances (commercial refrigerator, freezer, microwave, oven, stove, dishwasher, ice maker), as well as new counters, flooring, and sneeze guard. There would also be installation costs needed especially with the flooring, counter, sneeze guard, new sink – which will likely need some plumbing and modifications to existing cabinetry.

3. Structural Restoration Projects

384
If requesting funds to repair, replace, restore, or reface structures, surfaces, grounds, etc. of building or site used for the senior nutrition program, please provide a description of the project that includes the following:
 Proposed project
 Project site
 Estimated Costs
 Verification that the proposed project is not covered under a building lease

Senior Center Kitchen project would include new countertops, 3 compartment sink, modifications to cabinetry, new faucet, anticipated modifications to existing plumbing, flooring and sneeze guard. There would also be installation with these costs. See below and attached for breakdown

Countertops
$6,000 Countertops
$2,000 Cabinetry modifications (accommodate 3 compartment sink/remove recessed warming trays) $2,000 Plumbing (unknown if plumbing needs to be modified: sink, dishwasher, faucet) $10,000 (Materials and labor inclusive for counter top work)

Flooring
$2,800 Commercial grade vinyl install (kitchen and pantry)/*Option: vinyl planking $300 more

Sneeze Guard
$1,400 Sneeze guard (install sanitary shield: customer / server)

Commercial Appliances
$1,600 3 compartment sink & faucet
$4,200 Refrigerator/Freezer
$1,100 Microwave
$11,900 Oven
$4,100 Stove
$2,200 Ice maker
$6,300 Dishwasher
$2,000 Miscellaneous installation
$33,400 (Materials and labor inclusive for counter top work)

$47,600 Total request

385

California Department of Aging Equipment Justification Form Instructions: Please answer the questions below; the responses must coincide with the budget.

AAA Name and Number:

AAA Procurement Contact:

Budget Version:

Question Response
Please describe the item or items
to be purchased.

Select the procurement method(s)
used to select vendor (i.e., price
quotes, competitive bids, auction
site). Check all that apply.
☐ Price Quotes
Competitive bids
Auction
Other (Describe):
☐
☐
☐
Where will the equipment be
located? Site name:

County:

Please select the AAA program
the equipment will be funded by.

If more than one, please select
other and list all applicable
programs.

Program:

Other:

Please give a detailed justification
why the equipment is needed, and
how it will be used to benefit the
program.

The year the last time this item
was purchased and the quantity.

Will the equipment be used solely
by the specified AAA Program(s)
from which the purchase will be
funded?
☐ Yes ☐ No
If requesting a vehicle, provide a
list of the existing fleet vehicles,
and the reason the existing fleet
cannot meet ongoing program
needs.

STATE OF CALIFORNIA

DEPARTMENT OF AGING

EQUIPMENT JUSTIFICATION FORM
CDA 7037 (REV 03/2022)
386
Title IIIC Capital Expenditure Approved List
Instructions: The list of equipment below are approved to be purchased using the Home and Community Based
Services (HCBS) Senior Nutrition Infrastructure Grant for the Title IIIC Older Californians Nutrition Program (OCNP) only. No written justification or CDA approval is required. *If the
equipment requested is not listed below the AAA will need to submit a completed Equipment Justification Form CDA 7037 with their proposal to the CDA for review and approval.

Please note walk-in refrigerators and freezers are not allowable.

Type of Equipment: Oven/Range/Stove,
Steamer, Gas or Electric
Categories: Combi
Convection
Conventional
Conveyor
Countertop
Double Stack
Griddle
Heat-n-Hold
Holding Unit
Induction Cooktop
Range Top
Reel
Rotating Rack
Type of Equipment: Cart/Cabinet, Hot or Cold
Categories: Beverage Service
Buffet
Holding
Mobile
Proofing Retherm
Rolling
Self-Serve
Serving
Warming
Type of Equipment: Hood
Categories: Exhaust
Condensate
Type of E
quipment: Mixer
Categories: Countertop
Floor
Type of E
quipment: Kitchen Sink
Categories: Compartment
Hand
Utility
Type of Equipment: Refrigerator and Freezer
Categories: Blast Chiller
Cam chiller
Side by Side
Glass Door
Ice Chest
Milk Cooler
Mobile
Reach-In
Roll-In
Undercounter
Work-top
(Walk-in ref
rigerators and walk-in freezers are
excluded.)
387
Individual Equipment Items
Barbecue (allowable when serving meals
to
older adults in OCNP)
Bagging Machine
Braising Pan
Broiler
Cold
Pan Serving Counter
Cook/Chill System
Depositor and Filling Machine Dishwasher
Dough D
ivider
Drawer Warmer
Food Display (Hot or Cold)
Food Processor
Food Slicer, Chopper, Dicer, etc.

Fryer
Griddle
Menu Boards (Kitchen/Serving Area)
Microwave
Plate/Tray Dispenser
Produce Washers
S
alad Bar
Serving Equipment
Serving Line System (Hot or Cold)
Shrink Wrapper Machine
Tray S
ealer Machine
Speed Line (Hot or Cold) Stainless
Steel Work Tables Steam
Table
Styrofoam Recycling Machine Tilt Skillet
* Per Program Memo No: 20-05 Equipment/Property Justification and Reporting Threshold.

CDA has
adjusted the requirement for reporting equipment/property pur chased as a part of one of t
he above referenced contracts to $5,000 per unit cost. All computing devices, regardless of cost (including, but not limited to: workstations, servers, laptops, personal digital
assistants, notebook computers, tablets, smartphones, and cellphones) and all portable
electronic s torage media, regardless of cost (including, but not limited to: thumb/ flash drives and
portable hard drives) must still be reported.
* Per Title 2, Code of Federal Regulations, Section 200.439: "Capital expenditures for special purpose equipment ar
e allowable as direct costs, provided that items with a unit cost of $5,000
or more have the prior written approval of the Federal awarding agency or pass- through entity."
* Require CDA approval
388
389

DISCUSSION AND/OR ACTION

4. 22-585
Ro

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular meeting of June 27, 2023
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Tim Rood, Community Development Director
Christie Crowl, Assistant City Attorney
SUBJECT: Parking Operations Agreement for Bayfront Project Area RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Receive a report from City staff on the Parking Operations Agreement for the Bayfront Project area,

2. Ask any clarifying questions of staff,

3. Take comments from the public; and

4. Approve a resolution authorizing the City Manager to execute the agreement BACKGROUND:

Approved and adopted in 2012, the Implementing Development Agreement for the Bayfront Project (the “IDA”) governs development of the approximately 103-acre Project.

The IDA describes the City’s and the developer’s rights and obligations concerning development of the Project, including construction of the City’s planned intermodal transit center, now known as the Hercules Hub.

The IDA envisions that a type of public parking program or district will be established in order to maximize public parking in the initial Hub development phases and to coordinate with the developer’s private parking. The IDA does not define the exact type of program or district, but the IDA does contain requirements to assist the City and developer in determining the parking needs (e.g., parking studies).

In an effort to coordinate the shared parking contemplated by the IDA and to avoid delaying construction prior to the establishment of a parking program, in March 2020 the City and developer entered into a Memorandum of Understanding (see Attachment 1), to express the parties’ intentions and address parking requirements in the IDA and the 390
22-585

Waterfront District Master Plan. The MOU envisioned a parking district or entity that involved representatives from both the developer and the City/the public that woul d oversee shared parking. The developer would generally recoup parking fees from its spaces, and the City would generally recoup fees from its spaces. The MOU also provided additional guidance on how much of the developer’s future parking obligations would be shared (i.e., 10%) as well as wayfinding, signage, etc. Ultimately, the MOU recognized that the many details of the IDA’s shared parking requirements would be addressed in a later parking implementation agreement.

ANALYSIS:

Since the last update to th e Council on this topic on July 13, 2021, the City and the developer have been working in good faith to negotiate a final agreement, including resolving the issue of when the establishment of a permanent district or entity would occur.

The attached Parking Operations Agreement (Attachment 2) is intended to provide a process for the City and the developer to fulfill their respective shared parking obligations consistent with the IDA. By removing uncertainty associated with the shared parking obligations for existing and future phases of the Bayfront, execution of the agreement would support the City’s goal of facilitating continued development of the project in accordance with the approved entitlements.

The agreement incorporates the terms of the 2020 MOU, including the following:
 Developer will make 10% of its private parking spaces available, on a block -by- block basis, for public use once rail services begin at the Hub Project (parking demand anticipated to be 176 spaces per the demand analysis performed in 2019).

The developer will provide 40 additional shared spaces upon full operation of rail and ferry service at the Hub. All shared spaces will be identified on an exhibit to the Agreement which will be updated as phases of the Project are built.  The rules and regulations governing shared parking will be established by the City and the owner or the future parking entity upon commencement of the shared private parking obligations and may include, but are not limited to, hours of operation, time limits, use of residential permits, and demand-based pricing.  Shared Private Parking shall be available to the public Monday through Friday (excluding holidays) from 7:30 AM to 6:00 PM and at no other time.  Provisions governing the potential sales/transfer s of developer’s property and ensure continued compliance with the Agreement.
 Provisions governing the term of the Agreement and events that may trigger the establishment of a parking district or other program or entity.

In addition, the Agreement acknowledges the existing condition of approval for Block N (The Exchange) requiring 25 spaces in the building garage to be available to retail customers and employees and visitors of residents, prior to the formation of a Public Parking District.
391

ENVIRONMENTAL REVIEW:

The Parking Operations Agreement has been determined to be consistent with the Hercules Bayfront Project approvals and determinations under the California Environmental Quality Act (“CEQA”):

1. In October 2011, the City of Hercules certified the Hercules Bayfront Project Final EIR (State Clearinghouse No. 2009112058) (the “2011 Certified EIR”) pursuant to CEQA.

2. The Parking Operations Agreement is within the scope of the project that was evaluated in the 2011 Certified EIR and will not have any environmental effects that were not evaluated and addressed in the 2011 Certified EIR.

3. A mitigation monitoring and reporting plan (“MMRP”) was adopted with the 2011 Certified EIR, and all applicable mitigation measures in the MMRP will be carried forward and implemented with this project.

5. Findings were made pursuant to Section 15091 of the CEQA Guidelines.

6. A Statement of Overriding Considerations was adopted for the Hercules Bayfront Project.

FISCAL IMPACT OF RECOMMENDATION:

There is no fiscal impact to approving a resolution authorizing the City Manager to execute the Parking Operations Agreement for Bayfront Project Area Agreement.

ATTACHMENTS

Attachment 1: Bayfront Parking Operating Memorandum (March 2, 2020) Attachment 2: Bayfront Parking Operations Agreement
Attachment 3: Resolution Approving Parking Operations Agreement

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074889\11945631v5

1 BAYFRONT PROJECT

PARKING OPERATIONS AGREEMENT
This Parking Operations Agreement (“Agreement”) is made as of June 27, 2023 (the “Effective Date”), by and between the CITY OF HERCULES (the “City”) and HERCULES LAND PARTNERS, LP, (“Owner”), with respect to certain real property consisting of approximately 103.9 acres, in the City of Hercules, County of Contra Costa, California, as more fully described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).

RECITALS
A. On July 22, 2008, the City Council adopted the Waterfront Master Plan Initiative which amended the City’s General Plan and existing Waterfront District Master Plan (“WDMP”) to designate and regulate uses within the WDMP area and facilitate its buildout as a transit-oriented mixed-use neighborhood.

B. On March 1 4, 2012, the City approved Vesting Tentative Map 9292 and that certain Implementing Development Agreement for the Hercules Bayfront Project (“Project”) by and between the City and Owner’s predecessor in interest (Contra Costa County Recorder Document No. 2012-0142855-00; the “IDA”). The IDA grants Owner, among other things, vested rights to develop the Project consistent with the IDA, Project Approvals, and Governing Ordinances (as those terms are defined in the IDA).

C. To the extent the City’s financial resources allow and to the extent that the necessary funding is acquired, section 6.2 of the IDA states that the City shall fund and construct the City’s Intermodal Transit Center (“ITC”) Project within the Project area (the ITC Project has been renamed and at the Effective Date is referred to as The Hercules Hub). Section 6.2 further states that the City is not obligated to build the ITC Project, but that the City shall diligently pursue its goal of permitting and constructing it. The ITC Project is intended to support train, bus, and ferry service, and will require funding and construction of a ll related public improvements, including parking to serve the ITC Project.

D. Exhibit H of the IDA explains that Owner and City acknowledge that parking in high - intensity development areas is appropriately treated as a public infrastructure cost and fin anced through private parcel assessment. Thus, Exhibit H requires the City to impose a condition of approval on the Project that requires Project parking to “be accommodated by a Public Parking District designed to accommodate both public and private needs.” E. The Project is currently being constructed in phases referred to as “Blocks.” As of the Effective Date of this Agreement , Blocks N, Q, and R have been built and are operational and occupied for a total of 404 residential units and approximately 13,767 square feet of retail space, and Blocks M, P, and O are entitled for a total of 387 residential units.

F. Given that the timing of the City’s acquisition of adequate funding to construct the ITC is currently unknown, and given that Owner and Ci ty acknowledge that parking in high -intensity development areas should be accommodated consistent with Exhibit H of the IDA and the 399

2 requirements of the WDMP , Owner and City executed a n Operating Memorandum on March 2, 2020 (the “Operating Memorandum”) . Th e Operating Memorandum outlined the terms of this Agreement consistent with the IDA and the WDMP . The Parties now desire to execute this Agreement.

AGREEMENT

1. Recordation: This Agreement shall be recorded and shall run with the land. All rights and obligations of Owner shall be binding on any successors or assigns of Owner.

2. Owner’s covenant to share private parking.

A. Covenant Commencement Events: The Parties agree that this Parking Operations Agreement becomes effective on the Effective Date included above and that Owner’s obligations under this Agreement and covenant to share private parking pursuant to this Section 2 and this Agreement shall commence both in accordance with section B below, and upon the occurrence of any of the following events:
i. The earlier of train or ferry service becoming fully operational at the ITC Project.
ii. Average peak hour demand (either weekday or weekend) for on -street parking reaches 85% capacity in any of the three Bayfront neighborhoods identified in the WDMP (The Village, Bayfront Boulevard Mixed-Use, and Crescent Heights), as determined by a parking study conducted by a qualified parking consultant. Such a study may be conducted by either party at any time, with each party bearing its own costs and expenses. iii. Mutual agreement between City and Owner.

B. Covenant to Provide Shared Private Parking : Owner shall make Shared Private Parking available, on a non -exclusive basis, to the public, including commuters using transportation services of the ITC Project , consistent with the requirements of this section 2.B and this Agreement.
i. “Shared Private Parking” shall mean the following: Owner agrees to share a total of 10% of its private parking spaces (ex clusively in Blocks E, G, J, K, L, M, N, O, P, Q and R) in the Project for use by the public (the “10% Shared Parking Spaces”). Owner agrees that at full -build-out of all aforementioned Blocks, the 10% Shared Parking Spaces will include a minimum of 176 and a maximum of 216 spaces. The 10% Shared Parking Spaces shall be evenly distributed among all Blocks (meaning that each Block shall designate approximately 16 spaces as Shared Private Parking , subject to Section 2.C below, and with the understanding that Owner will make a good faith effort to share more spaces in the Blocks closest to the ITC). Owner may redistribute any of the 10% Shared Parking Spaces among the Blocks consistent with the established Shared Parking 400

3 Regulations (if effective and Applicable) and this Agreement and upon City Manager approval.
ii. Shared Private Parking for Blocks E, G, J, K, and L. Owner shall set aside 10% of the parking spaces included in Blocks E, G, J, K, and L, at the time each of thos e Blocks are approved for development, as Shared Private Parking as part of its obligation to provide the 10% Shared Parking Spaces.

For these Blocks, Owner shall also set aside 40 additional spaces to be distributed at Owner’s discretion but with the understanding that Owner will make a good faith effort to distribute spaces in the Blocks closer to the ITC.

City shall require compliance with this section 2.B.ii as a condition of approval for these Blocks, which condition shall require Owner to record a covenant, in a form approved by the City, confirming compliance with this section.
iii. Shared Private Parking for Blocks M, O, P, Q, and R. Prior to or concurrent with any Commencement Event listed in section 2.A above, Owner must record or cause to be recorded a covenant, in a form approved by the City, against Blocks M, O, P, Q, and R requires Shared Private Parking. If the covenants for these Blocks do not include a minimum of 10% of the total spaces within each Block to be designated as Shared Private Parking , the covenant must indicate that it is subject to adjustment pursuant to section

2.C below.
iv. Shared Private Parking for Block N. Block N development has already been approved, built, and sold to another entity as of the Effecti ve Date of this Agreement. Per the entitlements for Block N, Owner is required to comply with the requirements of the IDA and this Agreement and is required as a condition of approval for the Block N development to initially make 25 spaces in the building garage available to visitors, prior to performance of the Shared Private Parking covenants triggered by and contained in this Agreement. “Visitors” for the purposes of this interim condition is defined as guests visiting residents of Block N, as well as e mployees or customers of the retail and commercial uses within Block N. Owner must record or cause to be recorded a covenant, in a form approved by the City, against Block N requiring Shared Private Parking. If the covenant for this Block does not include a minimum of 10% of the total spaces within that Block to be designated as Shared Private Parking, the covenant must indicate that it is subject to adjustment pursuant to section 2.C below. v. Cap on Shared Private Parking. In no event shall this section require Owner to provide more than the 216 total spaces contemplated herei n as the 10% Shared Parking Spaces. However, Owner must provide a minimum of 176 total spaces as the 10% Shared Parking Spaces.
vi. Shared Private Parking Recordkeeping: Owner shall submit a record of the total number and locations of Shared Private Parking spaces currently 401

4 designated to the City in the annual report required by Section 8.1 of the IDA. Upon expiration or termination of the IDA, City may, at any time, request that Owner submit a record of the total number and locations of the Shared Private Parking spaces in writing. Owner shall provide such submittal within 30 days of the City’s written request . If Owner requests changes to the distribution of the Shared Private Parking spaces pursuant to Sections 2.B.i above, Owner shall provide City with an updated record of the number and locations of the Shared Private Parking Spaces. It is the intent of this Section 2.B.ii to ensure that City always has a true and correct record of the current number and locations of the Shared Private Parking spaces.

C. Adjustment to Parking Covenant : If actual parking demand is different than projected in the demand analysis prepared by CDM Smith dated October 14, 2019 (the “Demand Analysis”), Shared Private Parking could flex higher or lower subject to a cap of 216 spaces and a floor of 176 spaces (collectively, the “Cap and Floor”).

If Owner has not recorded covenants pursuant to section 2.B guaranteeing that al l approved Blocks are providing the full 10% Shared Private Parking (i.e. if there are approved Blocks with covenants that do not provide 10% of their total spaces as Shared Private Parking), those covenants shall be adjusted pursuant to the following process:
i. On the first (1st) anniversary of either train or ferry service becoming fully operational at the ITC Project, or upon issuance of the first certificate of occupancy for the final Block to be entitled, Owner shall order an Updated Demand and Rate Analysis (an “ Updated Demand and Rate Analysis ”) from CDM Smith or another expert approved by the City if the Consultant is not available (the “Consultant”). The cost of any such Updated Demand and Rate Analysis shall be shared 50/50 by the City and Owner. ii. Owner and City shall have the right to review any Updated Demand and Rate Analysis and provide comments to the Consultant prior to its finalization, but the Updated Demand and Rate Analysis shall reflect the independent judgment of the Consultant.
iii. Upon the Consultant’s issuance of a final Updated Demand and Rate Analysis, the parties shall reasonably determine if any adjustments to the number of Shared Private Parking spaces are appropriate, subject to the Cap and Floor.
iv. At least once every five (5) years following completion of the Updated Demand and Rate Analysis , City may require Owner to order additional updated Demand and rate analysis studies from an expert approved by the City. Owner agrees to split the cost of such studies 50/50 with the City and agrees to follow the process for adjusting the covenant outlined in this section 1.B.
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5 v. Nothing contained in this section or this Agreement shall preclude Owner from providing or offering more Shared Parking than required by this Agreement.

D. Rates: The rate for Shared Private Parking use (the “Shared Private Parking Rate”) shall be mutually selected by the City Manager and Owner prior to use by the public of any of the Shared Private Parking. Notwithstanding the foregoing, the Shared Private Parking Rate must cover Owner’s reasonable costs and expenses associated with making the Private Shared Parking available to the public, documentation in support of which shall be provided to the City Manager in advance of rate selection.

Owner shall have the righ t to adjust the Shared Private Parking Rate after consultation with the City based on the following: (i) the results of any Updated Demand and Rate Analysis ordered pursuant to Section 2 .C above, (ii) the results of any other Updated Demand and Rate Analys is ordered from the Consultant (or such alternate consultant reasonably approved by the parties) by Owner in its discretion and at its sole cost, or (iii) the adjusted annual average consumer pricing index as published by the US Bureau of Labor Statistics (US City Average, All Items).

E. Rules and Regulations: The rules and regulations governing Shared Parking shall be established by the City and Owner or the Future Parking Entity upon commencement of the Shared Private Parking obligations described in section 2.A (“Shared Private Parking Rules and Regulations ”). The Shared Private Parking Rules and Regulations may be amended from time to time upon agreement by City and Owner or by the Future Parking Entity described in section 3 below . The Shared Parking Rules and Regulations may include, but are not limited to, hours of operation, time limits, use of residential permits, and demand -based pricing. City and Owner shall enforce, manage, operate, and maintain the Private Shared Parking in accordance with the established Shared Private Parking Rules and Regulations , and both City and Owner have the right to engage one or more third party vendor/contractors to carry out City and Owner responsibilities in accordance with the Shared Private Parking Rules and Regulations.
i. The Shared Private Parking Rules and Regulations shall include, but not be limited to, the following:
a. The hours the Shared Private Parking shall be available to the public will be Monday through Friday (excluding holidays) from 7:30 AM to 6:00 PM and at no other time (“Shared Private Parking Hours of Operation”).
b. An explanation of the rate structure and a pproach, which may include demand -based pricing (i.e. “performance -based parking management).
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6 c. Provisions governing use of Shared Private Parking during an emergency involving potential danger to life or property, including Owner’s ability to restrict access to Shared Private Parking. ii. Owner will have the right to obtain the services of a third-party vendor/contractor to manage , operate and/or maintain the Private Shared Parking as Owner reasonably determines is necessary for proper operation of such facili ties. Owner and City (or the Future Parking Entity if one exists) shall approve such third-party vendor, which approval shall not unreasonably be withheld.

F. Operational Budget : Prior to use by the public of any Share d Private Parking, Owner will submit to City, for City’s review and approval, an annual budget for administration/operation of the Shared Private Parking Spaces and facilities.

Owner shall update and submit, for City’s review and approval, this annual operational budget at the end of each fi scal year, and shall provide a year -end reconciliation of actual revenues and expenses within 30 days of the end of each fiscal year . If there is more than one Owner, each Owner shall pay for its proportionate share of the administrative/operational expen ses of the Shared Private Parking facilities pursuant to a separate recorded agreement among the Owners. If and when a Future Parking Entity is formed, the Future Parking Entity shall prepare annual budgets.

G. Revenues: Revenues from the Shared Private Pa rking are retained by Owner.

However, Owner and City or Owner and any Future Parking Entity may agree to coordinate collection and remittance of revenues to Owner and City of the Shared Private Parking and adjacent public parking for convenience of the pa rties and the public (e.g. shared parking kiosks, or mobile app, etc.).

H. Maintenance and Repair Obligations; Emergencies:
i. Owner shall be responsible for maintenance and repair obligations for the Shared Private Parking consistent with customary industry standards. ii. Owner shall maintain reasonable and appropriate levels of insurance for operation of the Shared Private Parking.
iii. Casualty/Condemnation.
a. In the event of a minor casualty, which involves loss of less than 50% of the Shared Private Parking availa ble for public use in a particular Block at the time of loss, Owner shall be obligated to repair any Shared Private Parking which is affected.
b. In the event of a major casualty, which involves loss of 50% or more of the Shared Private Parking available for public use in a particular Block at the time of loss, Owner shall only be obligated to repair 404

7 the Shared Private Parking if Owner has elected to repair or rebuild the other Project structures on the affected such Block. c. In the event of a minor condemnation, which is a condemnation action by any public agency that affects any portion of the Shared Private Parking, Owner shall be obligated to provide replacement Shared Private Parking for the portion which was affected by the condemnation, the cost of which can be asserted as an element of the compensation in the condemnation proceedings.
d. In the event of a major condemnation , which is a condemnation action by any public agency that affects 50% or more of any phase of the Project , Owner’s covenants and obligations hereunder shall terminate with respect to such phase of the Project.

I. Termination of Covenants. Owner’s Shared Private Parking covenant s and obligations shall expire as to each Block upon the occurrence of any of the following:
i. A major casualty as defined in H.iii.b where Owner does not elect to repair or rebuild the Project or a portion thereof, or major condemnation (in which case the required number of Shared Private Parking spaces shall be proportionately decreased); or
ii. At such time as the Project or a portion (i.e. Block) thereof containing Shared Private Parking is no longer used for its approved use and the Project or that portion thereof has obtained entitlements or other approvals for an alternative use.

If Owner’s Shared Private Parking covenants terminates due to any of the above, Owner and City shall work in good faith to unwind and dissolve any Future Parking Entity created pursuant to section 3 and all other obligations.

J. Owner Representative. Owner shall coordinate with any and all other owners of the Property and shall designate one of the owners as the representative of all of the owners of the Property (the “Owner Representative”). The Owner Representative shall be authorized to speak for and on behalf of all of the Property owners, and to bind all of the owners, pertaining to any and all decisions and authorizations required of Owner by this Agreement, including but not limited to decisions regarding designation of the Shared Private Parkin g spaces and count, the Shared Private Parking Rate, the operational budget, and the Shared Private Parking Rules and Regulations.

3. Future Parking Entity
A. Creation. Following commencement of the Shared Private Parking obligations described in section 2.A above, City, in its sole discretion, may require Owner to participate in, join, and/or annex into a parking entity (“Future Parking Entity”) that 405

8 governs the Shared Private Pa rking consistent with this Agreement. City and Owner agree that the type of Future Parking Entity that would best serve the interests of both City and Owner is unknown, but agree that the Future Parking Entity may be formed as a parking authority pursuant to Health & Safety Code section 32500; as a parking and business improvement district under Health & Safety Code section 36600; or as another entity, authority, or district, with the power to govern the Shared Private Parking consistent with this Agreemen t. The Future Parking Entity will involve input from both Owner and City, either by way of representation on the Future Parking Entity’s board of directors or other methods.

Such methods may include, but are not limited to, formation of a mixed-use owners’ association.

B. Obligations. The Future Parking Entity will be obligated to govern the Shared Private Parking consistent with the terms of this Agreement , including but not limited to overseeing administration of the Shared Private Parking, budgeting, rates, and drafting and enforcing Shared Parking Rules and Regulations.

4. Agreement regarding other publicly-available parking serving the ITC Project A. Other Publicly -Available Parking Serving the ITC Project . City and Owner acknowledge that the City intends to provide publicly-available parking which will serve the ITC Project and will be available to the public, including commuters (the “Public Parking”). Owner agrees that the City may provide Public Parking around Block K at the City’s cost to be constructed by the City, and Owner will not exercise its right to purchase the land under the former second crossing of Refugio Creek, provided such wrap around street can also be utilized for EVA purposes for the Project.

B. Public Parking Rules and Regulations . City shall establish and enforce the rules and manage the operations of the Public Parking , including any and all Public Parking rates. City will coordinate and consult with Owner as may be necessary, including but not limited to creating the Future Parking Entity and its regulation of the Public Parking. The City shall select the rate for the Public Parking unless and until the Public Parking is regulated by a Future Parking Entity.

C. Revenues: Revenues from the Public Parking will be retained by the City.

5. Wayfinding obligations
A. Owner and City agree that the ability of users to determine the location of public parking and Shared Private Parking in the Bayfront Master Plan area will be greatly simplified by use of common software and smartphone apps that map available parking supply by location and allow/promote daily parking reservations, as managed by the Owner for the Shared Private Parking and by the City for publicly shared parking on public streets . Owner shall utilize a commercially available smartphone app that will show available Shared Private Parking spaces, which app shall be selected by Owner in its sole discretion.
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9 B. Owner and City agree that wayfinding and directional signage for the Shared Private Parking will be consistent throughout the Bayfront Master Plan area, clearly signaling the location and entrances of public parking and Shared Private Parking locations. City shall impose condition(s) of approval on remaining phases of the Project to ensure Owner’s compliance with this section , but any Future Parking Entity may require changes to this signage or require new or additional signage at its discretion.

6. Obligations for Blocks G and I
A. City staff and Owner agree to explore the feasibility of options for connecting the below grade garages on the Owner -owned Block G and the City -owned Block I, where the ITC Project will be built, which create efficiency by the possible elimination of ramping the garage under the ITC Project.

7. Miscellaneous
A. Nothing in this Agreement shall be construed to require Owner to accommodate parking demand other than as set forth in this Agreement.

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EXHIBIT A

The following illustrates the land area owned by Hercules Bayfront, LLC.

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June 27, 2023

Page 1 ends

RESOLUTION NO. 23-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES

APPROVING A PARKING OPERATIONS AGREEMENT WITH HERCULES LAND

PARTNERS, LP FOR THE BAYFRONT PROJECT

WHEREAS, in 2012 the City a pproved and adopted the Implementing Development Agreement for the Bayfront Project (the “IDA”) to govern development of the approximately 103-acre Bayfront Project (the “Project”). The IDA describes the City’s and the developer’s rights and obligations concerning development of the Project, including co nstruction of the City’s planned intermodal transit center, now known as the Hercules Hub; and

WHEREAS, the IDA envisions that a type of public parking program or district will be established in order to maximize public parking in the initial Hub development phases and to coordinate with the developer’s private parking; and

WHEREAS, in an effort t o coordinate the shared parking contemplated by the IDA and to allow blocks to begin development prior to establishment of a parking program, on March 2, 2020 the City and developer entered into a Memorandum of Understanding to express the parties’ intentions and address parking requirements in the IDA and the Waterfront District Master Plan; and

WHEREAS, City staff and the develop er h ave negotiated a final Parking Operations Agreement (the “Agreement”) consistent with the Memorandum of Understanding and the IDA; and

WHEREAS, by removing uncertainty associated with the shared parking obligations for existing and future phases of the Bayfront, execution of the Agreement would support the City’s goal of facilitating continued development of the Bayfront Project in accordance w ith the approved entitlements; and

WHEREAS, the Agreement has been determined to be consistent with the Hercules Bayfront Project app rovals and determinations u nder the California Environmental Quality Act (“CEQA”) because in October 2011, the City of Hercules certified the Hercules Bayfront Project Final EIR (State Clearinghouse No. 2009112058) (the “2011 Certified EIR”) pursuant to CEQA, The Agreement is within the scope of the Project that was evaluated in the 2011 certified EIR and will not have any environmental effects that were not evaluated and addressed in the 2011 certified EIR.

NOW, THEREF ORE, BE IT RESOLV ED that the City Council o f the City of Hercules hereby approves the Bayfront Project Parking Operations Agreement and authorizes the City Manager to take actions necessary to execute the Agreement on behalf of the City , including but not limited to approving non-substantive changes to the Agreement.

Attachment 2
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June 27, 2023

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410
June 27, 2023

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The foregoing Resolution was duly adopted at a regula r meeting of the City Council of the City of Hercules held on the twenty-seventh day of June, 2023, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:

Alexander Walker-Griffin, Mayor

ATTEST:

Eibleis Melendez, City Clerk

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DISCUSSION AND/OR ACTION

5. 22-524

STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 27, 2023
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Facility Fee Waiver Requests for the Rodeo-Hercules Fire District (RHFD) and the Western Contra Costa Integrated Waste
Management Authority (WCCIWMA)
RECOMMENDED ACTION:

Staff recommends that the City Council:

1. Receive staff report on this issue;

2. Ask any clarifying questions of staff; and

3. Take comments from the public; and

4. Authorize the City Manager to waive City Council Chamber rental fees for the Rodeo-Hercules Fire District (RHFD) and the Western Contra Costa Integrated Waste Management Authority (WCCIWMA) Monthly Board Meetings.

BACKGROUND AND:

Rodeo Fire Protection District (RHFD)
The Rodeo Fire Protection District (District) was formed on February 26, 1937, as an independent special district and established to provide fire protection services to the unincorporated community of Rodeo. In 1978, t he City of Hercules was annexed , and subsequently, the name of the District was changed to the Rodeo -Hercules Fire Protection District.

The Rodeo -Hercules Fire Protection District Board of Directors meets every second Wednesday of the month (October’s meeting is the last Wednesday of the month and there is no regularly scheduled meeting in December). The District is requesting a fee waiver to use the City of Hercules Council Chambers for monthly board meetings 413
22-524
West Contra Costa Integrated Waste Management Authority (WCCIWMA) The West Contra Costa Integrated Waste Management Authority (WCCIWMA) , also known as RecycleMore, is a joint powers agency created by the Member Agencies which includes the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo and unincorporated Contra Costa County (i.e. El Sobrante, North Richmond, Tara Hills, Rollingwood, East Richmond Heights, Bayview, Montalvin Manor).

Within the jurisdiction, the Authority provides waste processing management services of the franchi sed waste stream which includes the landfill, recyclables, composting, and Household Hazardous Waste (HHW). WCCIWMA is also charged with implementing and making sure the region is in compliance with California State Laws such as AB 939, AB 1826, and SB 138 3, which mandate reducing the amount of waste materials going to landfill.

Regular Board Meetings are scheduled for the 2nd Thursday of the month, at 6:15 p.m.

There are no regular meetings held during the month of August. At the direction of Vice Mayor, Dan Romero, WCCIWMA is requesting a fee waiver, in whole or in part, to use the City of Hercules Council Chambers for their monthly board meetings.

ANALYSIS

Charging fees to cover the cost of facility maintenance and staff time (if needed) is a standard practice in the public sector when individuals, private groups, government, or non-profit groups wish to reserve and exclusively utilize public facilities . Rental of the Council Chambers requires a deposit of $81 and $41 per hour. Deposits are refundable unless there is damage done to the facility, and/or the event is canceled by the applicant.

The City also offers a Nonprofit Recognition Program to recognize and provide support to community-based nonprofit organizations that provide valuable community service to the residents of Hercules. For this reason, r ecognized non-profits are provided with low or no-cost opportunities to utilize City. RHFD and WCCIWMA do not qualify as non-profit agencies.

The City of Hercules recognizes the value of intergovernmental cooperation and supporting organizations to provide services and programs that benefit the Hercules community. For this reason, staff believes rental f ees for the Council Chambers should be waived for board meetin gs or temporary uses when the applicant is another government agency or joint powers agency, and the use is related to the performance of its normal functions and is a benefit to Hercules residents.

FISCAL IMPACT OF RECOMMENDATION:

If RHFD and WCCIWMA were granted waivers to use the Council Chambers for their monthly board meetings at two hours per meeting, the fiscal impact would be $1,968 less in rental revenue annually.
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