Eibleis Melendez, City Clerk
C i t y o f H e r c u l e s
Contra Costa County, California
By_______ ____________________________
594
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 ENGINEER’S REPORT
1 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 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 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 2024-25, provides an estimated budget for the District and lists the proposed assessments to be levied upon each assessable lot or parcel within the District.
595
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 ENGINEER’S REPORT
2 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 June 25, 2024, 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 2024-25 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.
596
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 ENGINEER’S REPORT
3 SECTION II
ENGINEER’S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
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 2024-25
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 24- 027 adopted by the City Council of the City of Hercules on April 23, 2024, 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 2024-25, 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.
597
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 ENGINEER’S REPORT
4 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.
598
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART A
5 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 preliminary Landscape Plans for Baywood prepared by Melvin Lee Associates, dated October 200 3, 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 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; trimming 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 599
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART A
6 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 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 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; 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.
600
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART B
7 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 2024-25 are summarized on the following page. These cost estimates were provided by the City of Hercules.
601
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 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 streetlighting improvements. The FY 2024-25 estimated budget for the City's Arterial/Major Roads landscaping and streetlight ing improvements is approximately $362,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $35.00/ERU.
REVENUES
Assessments $170,960
Public Agency Assessments $6,924
General Benefit Contribution $3,259
TOTAL REVENUES: $181,144
ESTIMATED ANNUAL EXPENDITURES
Personnel $51,680
Transfer for Arterials/Major Roads L&L Maintenance $2,841 Landscaping, Open Space, and Associated Repairs $45,100 Tree Trimming $12,000
Electricity and Streetlight Repairs $4,000
Landscape and Facilities Water $34,720
Assessment Engineering Cost $3,000
I
ncidental / Direct Admin Cost $12,159
County Fees $311
TOTAL ANNUAL EXPENDITURES: $165,811
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: $180,511
FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2024 $93,370
FY 2024-25 Reserve Collection Increase/(Decrease) $633
Ending Balance - Projected June 30, 2025 $94,003
Recommended Operating Reserves $90,255
Available Operating Reserves $90,255
Available Capital Reserves $3,748
DISTRICT STATISTICS
Total Parcels 81
Total Parcels Levied 80
Total Equivalent Residential Units (ERU) 81.159
Maximum Levy per Benefit Unit $2,872. 97
Applied Levy per Benefit Unit $2,191.80
*Please refer to Appendix D for the detailed loan repayment schedule.
LANDSCAPING AND LIGHTING DISTRICT NO. 2004-1
(BAYWOOD)
INCOME AND EXPENSE
FISCAL YEAR 2024-25
602
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART C
9 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.
603
/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
/80/82/69/80/65/82/69/68/32/66/89/32/70/82/65/78/67/73/83/67/79/32/38/32/65/83/83/79/67/73/65/84/69/83/44/32/73/78/67 604
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART D
11 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.
605
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART D
12 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: 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. Streetlight ing also increases the promotion of business during nighttime hours in the case of commercial property.
606
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART D
13 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 607
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART D
14 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 608
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART D
15 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, Esti mate 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 a ssessment 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 parcels are listed in Ap pendix “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 2024-25 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 Consum er Price Index (CPI), San Francisco Bay Region All Urban Consumers. The applicable increase in the maximum assessment for FY 2024-25 is 2.37%.
MAXIMUM ASSESSMENT
For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, as adj usted by the CPI increase described above unless a special proceeding is conducted and affirmed according to law.
DURATION OF ASSESSMENTS
Assessments will be levied in perpetuity unless otherwise determined by City Council. $2,872.97 per lot $2,191.80 per lot
$718.24 per lot $547.95 per lot
Single-Family Residential Parcel
Vacant Single-Family Residential Parcel
Classification
Assessment
FY 2024-25 FY 2024-25
Maximum Applied
Assessment
609
BAYWOOD LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2004-1 PART E
16 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 2024-25 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 2024-25 is $177,884.30.
610
BAYWOOD LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1 APPENDIX A
A-1
APPENDIX “A”
IMPROVEMENTS DIAGRAM
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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.
612
BAYWOOD LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1 APPENDIX B
B-1
APPENDIX “B”
PUBLIC PROPERTY ASSESSMENTS
613
APN LocationOwner/Use ERUUnits Acres
Neighborhood
Amount
CITY OF HERCULES
BAYWOOD LANDSCAPING
AND LIGHTING DISTRICT NO. 2004-1
PUBLIC PROPERTY ASSESSMENTS
FY 2024-25
404650079 SANDERLINGCity/Park 0 1.904 2.444 $5,356.76 404650080 AVOCETCity/Open Space 0 0.557 0.715 $1,567.14 Total: 0 2.461 3.159 $6,923.90
B- 2
614
BAYWOOD LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1 APPENDIX C
C-1
APPENDIX “C”
ASSESSMENT ROLL
615
CITY OF HERCULES
BAYWOOD LANDSCAPE
AND LIGHTING DISTRICT NO. 2004-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404650001 $2,191.80
404650002 $2,191.80
404650003 $2,191.80
404650004 $2,191.80
404650005 $2,191.80
404650006 $2,191.80
404650007 $2,191.80
404650008 $2,191.80
404650009 $2,191.80
404650010 $2,191.80
404650011 $2,191.80
404650012 $2,191.80
404650013 $2,191.80
404650014 $2,191.80
404650015 $2,191.80
404650016 $2,191.80
404650017 $2,191.80
404650018 $2,191.80
404650019 $2,191.80
404650020 $2,191.80
404650021 $2,191.80
404650022 $2,191.80
404650023 $2,191.80
404650024 $2,191.80
404650025 $2,191.80
404650026 $2,191.80
404650027 $2,191.80
404650028 $2,191.80
404650029 $2,191.80
404650030 $2,191.80
404650031 $2,191.80
404650032 $2,191.80
404650033 $2,191.80
404650034 $2,191.80
404650035 $2,191.80
404650036 $2,191.80
404650037 $2,191.80
404650038 $2,191.80
404650039 $2,191.80
404650040 $2,191.80
404650041 $2,191.80
404650042 $2,191.80
404650043 $2,191.80
404650044 $2,191.80
404650045 $2,191.80
404650046 $2,191.80
404650047 $2,191.80
404650048 $2,191.80
404650049 $2,191.80
404650050 $2,191.80
404650051 $2,191.80
404650052 $2,191.80
404650053 $2,191.80
404650054 $2,191.80
Assessor's
Parcel
Number
Neighborhood
Amount
404650055 $2,191.80
404650056 $2,191.80
404650057 $2,191.80
404650058 $2,191.80
404650059 $2,191.80
404650060 $2,191.80
404650061 $2,191.80
404650062 $2,191.80
404650063 $2,191.80
404650064 $2,191.80
404650065 $2,191.80
404650066 $2,191.80
404650067 $2,191.80
404650068 $2,191.80
404650069 $2,191.80
404650070 $2,191.80
404650071 $2,191.80
404650072 $2,191.80
404650073 $2,191.80
404650074 $2,191.80
404650075 $2,191.80
404650076 $2,191.80
404650077 $2,191.80
404650078 $2,191.80
404650079 $5,356.76
404650080 $1,567.14
$177,884.30
04/15/24C-2
616
BAYWOOD LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2004-1 APPENDIX D
D-1
APPENDIX “D”
LOAN REPAYMENT SCHEDULE
617
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
618
City of Hercules
Bayside Landscaping and Lighting
Assessment District No. 2005-1
Fiscal Year 2024-25
Final Engineer’s Report
June 25, 2024
619
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 TABLE OF CONTENTS
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
620
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 DIRECTORY
i
CITY OF HERCULES
BAYSIDE
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1
FISCAL YEAR 2024-25
CITY COUNCIL MEMBERS AND STAFF
Dan Romero
Mayor
Dion Bailey
Vice Mayor
Alexander Walker-Griffin
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
621
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 SIGNATURES
ii
ENGINEER’S REPORT
CITY OF HERCULES
BAYSIDE
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1
FISCAL YEAR 2024-25
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.
Dated: June 6, 2024 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 atta ched was filed with me on the ________ day of ________ 2024.
Eibleis Melendez, City Clerk
C i t y o f H e r c u l e s
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 ________ 2024.
Eibleis Melendez, City Clerk
C i t y o f H e r c u l e s
Contra Costa County, California
By_______ ____________________________
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BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 INTRODUCTION
1 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 2024-25, 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 June 25, 2024 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 A ssessor’s Roll will be prepared and filed with the Contra Costa County Auditor’s Office, to be included on the FY 2024-25 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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BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 ENGINEER’S REPORT
2 SECTION II
ENGINEER’S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
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 2024-25
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 24-028 adopted by the City Council of the City of Hercules on April 23, 2024 , 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 2024-25, 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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BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 ENGINEER’S REPORT
3 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.
625
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART A
4 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 described 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 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 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, 626
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 ENGINEER’S REPORT
5 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.
627
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART B
6 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 2024-25 are summarized on the following page. These cost estimates were provided by the City of Hercules.
628
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART B
7 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 2024-25 estimated budget for the City's Arterial/Major Roads landscaping and streetlighting improvements is approximately $362,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $35.00/ERU.
REVENUES
Assessments $161,824
Public Agency Assessments $1,032
General Benefit Contribution $2,822
TOTAL REVENUES: $165,678
ESTIMATED ANNUAL EXPENDITURES
Personnel $37,264
Transfer for Arterials/Major Roads L&L Maintenance $20,136 Landscaping, Open Space, and Associated Repairs $55,000 Tree Trimming $0
Electricity and Streetlight Repairs $14,850
Landscape and Facilities Water $21,700
Assessment Engineering Cost $3,000
I
ncidental / Direct Admin Cost $8,672
County Fees $618
TOTAL ANNUAL EXPENDITURES: $161,240
CAPITAL IMPROVEMENT PROJECTS (CIP)
Tree Replacement $0
Other Capital Improvement Projects $0
TOTAL CIP EXPENDITURES: $0
TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $161,240
FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2024 $167,959
FY 2024-25 Reserve Collection Increase/(Decrease) $4,438 Ending Balance - Projected June 30, 2025 $172,397
Recommended Operating Reserves $80,620
Available Operating Reserves $80,620
Available Capital Reserves $91,778
DISTRICT STATISTICS
Total Parcels 526
Total Parcels Levied 483
Total Equivalent Residential Units (ERU) 575.300
Maximum Levy per Benefit Unit $283.08
A
pplied Levy per Benefit Unit $283.08
LANDSCAPING AND LIGHTING DISTRICT NO. 2005-1
(BAYSIDE)
INCOME AND EXPENSE
FISCAL YEAR 2024-25
629
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART C
8 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.
630
/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
/80/82/69/80/65/82/69/68/32/66/89/32/70/82/65/78/67/73/83/67/79/32/38/32/65/83/83/79/67/73/65/84/69/83/44/32/73/78/67 631
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
10 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 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.
632
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
11 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 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 Bayside and are of special benefit to the various parcels of land within this development. These special benefit 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. Streetlight ing also increases the promotion of business during nighttime hours in the case of commercial property.
633
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
12 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 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 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.
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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BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
13 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 / Deed-Restricted Affordable Housing Units 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 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.
An average SFR lot in the City of Hercules 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:
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. Therefore, deed-restricted affordable housing units 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
635
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
14 will be assessed at 50% of the assessment for MFR units, reflecting this reduced special benefit, or = 0.60 x 50% = 0.30 ERU per unit. There are currently no MFR units in the District that have been classified as deed-restricted affordable housing.
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.
636
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
15 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 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 2024-25 assessments for residential 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 $283.08 = $25,144.00
$283.08 per lot $283.08 per lot
$70.77 per lot $70.77 per lot
$169.85 per unit $169.85 per unit
$84.92 per unit $84.92 per unit
FY 2024-25
Maximum Applied
Assessment Assessment
Vacant Single-Family
Multi-Family Residential
Deed-Restricted Affordable Housing Unit
Classification
FY 2024-25
Single-Family Residence
637
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART D
16 CPI INCREASE
The City can levy assessments every year up to the maximum assessment, which is increased by the annual change in the Consum er Price Index (CPI), San Francisco Bay Region All Urban Consumers. The applicable increase in the maximum assessment for FY 2024-25 is 2.37%.
MAXIMUM ASSESSMENT
For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, as adj usted by the CPI increase described above unless a special proceeding is conducted and affirmed according to law.
DURATION OF ASSESSMENTS
Assessments will be levied in perpetuity unless otherwise determined by City Council.
638
BAYSIDE LANDSCAPING AND LIGHTING FY 2024-25
ASSESSMENT DISTRICT No. 2005-1 PART E
17 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 2024-25 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 2024-25 is $162,855.90.
639
BAYSIDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1 APPENDIX A
A-1
APPENDIX “A”
IMPROVEMENTS DIAGRAM
640
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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
641
BAYSIDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1 APPENDIX B
B-1
APPENDIX “B”
PUBLIC PROPERTY ASSESSMENTS
642
APN LocationOwner/Use ERUUnits Acres
Neighborhood
Amount
CITY OF HERCULES
BAYSIDE LANDSCAPING
AND LIGHTING DISTRICT NO. 2005-1
PUBLIC PROPERTY ASSESSMENTS
FY 2024-25
404700173 TSUSHIMACity/Park 0 0.710 3.645 $1,031.82 Total: 0 0.710 3.645 $1,031.82
B- 2
643
BAYSIDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2005-1 APPENDIX C
C-1
APPENDIX “C”
ASSESSMENT ROLL
644
CITY OF HERCULES
BAYSIDE LANDSCAPE
AND LIGHTING DISTRICT NO. 2005-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404020096 $25,144.00
404690001 $283.08
404690002 $283.08
404690003 $283.08
404690004 $283.08
404690005 $283.08
404690006 $283.08
404690007 $283.08
404690008 $283.08
404690009 $283.08
404690010 $283.08
404690011 $283.08
404690012 $283.08
404690013 $283.08
404690014 $283.08
404690015 $283.08
404690016 $283.08
404690017 $283.08
404690018 $283.08
404690019 $283.08
404690020 $283.08
404690021 $283.08
404690022 $283.08
404690023 $283.08
404690024 $283.08
404690025 $283.08
404690026 $283.08
404690027 $283.08
404690028 $283.08
404690029 $283.08
404690030 $283.08
404690031 $283.08
404690032 $283.08
404690033 $283.08
404690034 $283.08
404690035 $283.08
404690036 $283.08
404690037 $283.08
404690038 $283.08
404690039 $283.08
404690040 $283.08
404690041 $283.08
404690042 $283.08
404690043 $283.08
404690044 $283.08
404690045 $283.08
404690046 $283.08
404690047 $283.08
404690048 $283.08
404690049 $283.08
404690050 $283.08
404690051 $283.08
404690052 $283.08
404690053 $283.08
Assessor's
Parcel
Number
Neighborhood
Amount
404690054 $283.08
404690055 $283.08
404690056 $283.08
404690057 $283.08
404690058 $283.08
404690059 $283.08
404690060 $283.08
404690061 $283.08
404690062 $283.08
404690063 $283.08
404690064 $283.08
404690065 $283.08
404690066 $283.08
404690067 $283.08
404690068 $283.08
404690069 $283.08
404690070 $283.08
404690071 $283.08
404690072 $283.08
404690073 $283.08
404690074 $283.08
404690075 $283.08
404690076 $283.08
404690077 $283.08
404690078 $283.08
404690079 $283.08
404690080 $283.08
404690081 $283.08
404690082 $283.08
404690083 $283.08
404690084 $283.08
404690085 $283.08
404690086 $283.08
404690087 $283.08
404690088 $283.08
404690089 $283.08
404690090 $283.08
404690091 $283.08
404690092 $283.08
404690093 $283.08
404690094 $283.08
404690095 $283.08
404690096 $283.08
404690097 $283.08
404690098 $283.08
404690099 $283.08
404690100 $283.08
404690101 $283.08
404690102 $283.08
404690103 $283.08
404690104 $283.08
404690105 $283.08
404690106 $283.08
404690107 $283.08
Assessor's
Parcel
Number
Neighborhood
Amount
404690108 $283.08
404690109 $283.08
404690110 $283.08
404690111 $283.08
404690112 $283.08
404690113 $283.08
404690114 $283.08
404690115 $283.08
404690116 $283.08
404690117 $283.08
404690118 $283.08
404690119 $283.08
404690120 $283.08
404690121 $283.08
404690122 $283.08
404690123 $283.08
404690124 $283.08
404690125 $283.08
404690126 $283.08
404690127 $283.08
404690128 $283.08
404690129 $283.08
404690130 $283.08
404690131 $283.08
404690132 $283.08
404690133 $283.08
404690134 $283.08
404690135 $283.08
404690136 $283.08
404690137 $283.08
404690138 $283.08
404690139 $283.08
404690140 $283.08
404690141 $283.08
404690142 $283.08
404690143 $283.08
404690144 $283.08
404690145 $283.08
404690146 $283.08
404690147 $283.08
404690148 $283.08
404690149 $283.08
404690150 $283.08
404690151 $283.08
404690152 $283.08
404690153 $283.08
404690154 $283.08
404690155 $283.08
404690156 $283.08
404690157 $283.08
404690158 $283.08
404690159 $283.08
404690160 $283.08
404690161 $283.08
04/15/24C-2
645
CITY OF HERCULES
BAYSIDE LANDSCAPE
AND LIGHTING DISTRICT NO. 2005-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404690162 $283.08
404690163 $283.08
404700001 $283.08
404700002 $283.08
404700003 $283.08
404700004 $283.08
404700005 $283.08
404700006 $283.08
404700007 $283.08
404700008 $283.08
404700009 $283.08
404700010 $283.08
404700011 $283.08
404700012 $283.08
404700013 $283.08
404700014 $283.08
404700015 $283.08
404700016 $283.08
404700017 $283.08
404700018 $283.08
404700019 $283.08
404700020 $283.08
404700021 $283.08
404700022 $283.08
404700023 $283.08
404700024 $283.08
404700025 $283.08
404700026 $283.08
404700027 $283.08
404700028 $283.08
404700029 $283.08
404700030 $283.08
404700031 $283.08
404700032 $283.08
404700033 $283.08
404700034 $283.08
404700035 $283.08
404700036 $283.08
404700037 $283.08
404700038 $283.08
404700039 $283.08
404700040 $283.08
404700041 $283.08
404700042 $283.08
404700043 $283.08
404700044 $283.08
404700045 $283.08
404700046 $283.08
404700047 $283.08
404700048 $283.08
404700049 $283.08
404700050 $283.08
404700051 $283.08
404700052 $283.08
Assessor's
Parcel
Number
Neighborhood
Amount
404700053 $283.08
404700054 $283.08
404700055 $283.08
404700056 $283.08
404700057 $283.08
404700058 $283.08
404700059 $283.08
404700060 $283.08
404700061 $283.08
404700062 $283.08
404700063 $283.08
404700064 $283.08
404700065 $283.08
404700066 $283.08
404700067 $283.08
404700068 $283.08
404700069 $283.08
404700070 $283.08
404700071 $283.08
404700072 $283.08
404700073 $283.08
404700074 $283.08
404700075 $283.08
404700076 $283.08
404700077 $283.08
404700078 $283.08
404700079 $283.08
404700080 $283.08
404700081 $283.08
404700082 $283.08
404700083 $283.08
404700084 $283.08
404700085 $283.08
404700086 $283.08
404700087 $283.08
404700088 $283.08
404700089 $283.08
404700090 $283.08
404700091 $283.08
404700092 $283.08
404700093 $283.08
404700094 $283.08
404700095 $283.08
404700096 $283.08
404700097 $283.08
404700098 $283.08
404700099 $283.08
404700100 $283.08
404700101 $283.08
404700102 $283.08
404700103 $283.08
404700104 $283.08
404700105 $283.08
404700106 $283.08
Assessor's
Parcel
Number
Neighborhood
Amount
404700107 $283.08
404700108 $283.08
404700109 $283.08
404700110 $283.08
404700111 $283.08
404700112 $283.08
404700113 $283.08
404700114 $283.08
404700115 $283.08
404700116 $283.08
404700117 $283.08
404700118 $283.08
404700119 $283.08
404700120 $283.08
404700121 $283.08
404700122 $283.08
404700123 $283.08
404700124 $283.08
404700125 $283.08
404700126 $283.08
404700127 $283.08
404700128 $283.08
404700129 $283.08
404700130 $283.08
404700131 $283.08
404700132 $283.08
404700133 $283.08
404700134 $283.08
404700135 $283.08
404700136 $283.08
404700137 $283.08
404700138 $283.08
404700139 $283.08
404700140 $283.08
404700141 $283.08
404700142 $283.08
404700143 $283.08
404700144 $283.08
404700145 $283.08
404700146 $283.08
404700147 $283.08
404700148 $283.08
404700149 $283.08
404700150 $283.08
404700151 $283.08
404700152 $283.08
404700153 $283.08
404700154 $283.08
404700155 $283.08
404700156 $283.08
404700157 $283.08
404700158 $283.08
404700159 $283.08
404700160 $283.08
04/15/24C-3
646
CITY OF HERCULES
BAYSIDE LANDSCAPE
AND LIGHTING DISTRICT NO. 2005-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404700161 $283.08
404700162 $283.08
404700163 $283.08
404700164 $283.08
404700165 $283.08
404700166 $283.08
404700167 $283.08
404700168 $283.08
404700169 $283.08
404700170 $283.08
404700171 $283.08
404700172 $283.08
404700173 $1,031.82
404750001 $283.08
404750002 $283.08
404750003 $283.08
404750004 $283.08
404750005 $283.08
404750006 $283.08
404750007 $283.08
404750008 $283.08
404750009 $283.08
404750010 $283.08
404750011 $283.08
404750012 $283.08
404750013 $283.08
404750014 $283.08
404750015 $283.08
404750016 $283.08
404750017 $283.08
404750018 $283.08
404750019 $283.08
404750020 $283.08
404750021 $283.08
404750022 $283.08
404750023 $283.08
404750024 $283.08
404750025 $283.08
404750026 $283.08
404750027 $283.08
404750028 $283.08
404750029 $283.08
404750030 $283.08
404750031 $283.08
404750032 $283.08
404750033 $283.08
404750034 $283.08
404750035 $283.08
404750036 $283.08
404750037 $283.08
404750038 $283.08
404750039 $283.08
404750040 $283.08
404750041 $283.08
Assessor's
Parcel
Number
Neighborhood
Amount
404750042 $283.08
404750043 $283.08
404750044 $283.08
404750045 $283.08
404750046 $283.08
404750047 $283.08
404750048 $283.08
404750049 $283.08
404750050 $283.08
404750051 $283.08
404750052 $343.66
404760001 $283.08
404760002 $283.08
404760003 $283.08
404760004 $283.08
404760005 $283.08
404760006 $283.08
404760007 $283.08
404760008 $283.08
404760009 $283.08
404760010 $283.08
404760011 $283.08
404760012 $283.08
404760013 $283.08
404760014 $283.08
404760015 $283.08
404760016 $283.08
404760017 $283.08
404760018 $283.08
404760019 $283.08
404760020 $283.08
404760021 $283.08
404760022 $283.08
404760023 $283.08
404760024 $283.08
404760025 $283.08
404760026 $283.08
404760027 $283.08
404760028 $283.08
404760029 $283.08
404760030 $283.08
404760031 $283.08
404760032 $283.08
404760033 $283.08
404760034 $283.08
404760035 $283.08
404760036 $283.08
404760037 $283.08
404760038 $283.08
404760039 $283.08
404760040 $283.08
404760041 $283.08
404760042 $283.08
404760043 $283.08
Assessor's
Parcel
Number
Neighborhood
Amount
404760044 $283.08
404760045 $283.08
404760046 $283.08
404760047 $283.08
404760048 $283.08
404760049 $283.08
404760050 $283.08
404760051 $283.08
404760052 $283.08
404760053 $283.08
404760054 $283.08
404760055 $283.08
404760056 $283.08
404760057 $283.08
404760058 $283.08
404760059 $283.08
404760060 $283.08
404760061 $283.08
404760062 $283.08
404760063 $283.08
404760064 $283.08
404760065 $283.08
404760066 $283.08
404760067 $283.08
404760068 $283.08
404760069 $283.08
404760070 $283.08
404760071 $283.08
404760072 $283.08
404760073 $283.08
404760074 $283.08
404760075 $283.08
404760076 $283.08
404760077 $283.08
404760078 $283.08
404760079 $283.08
404760080 $283.08
404760081 $283.08
404760082 $283.08
404760083 $283.08
404760084 $283.08
404760085 $283.08
404760086 $283.08
404760087 $283.08
404760088 $283.08
404760089 $283.08
404760090 $283.08
404760091 $283.08
404760092 $283.08
404760093 $283.08
404760095 $741.10
$162,855.90
04/15/24C-4
647
City of Hercules
Victoria By The Bay
Landscaping and Lighting
Assessment District No. 2002-1
Fiscal Year 2024-25
Final Engineer’s Report
June 25, 2024
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VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 TABLE OF CONTENTS
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 .......................................... 17
Appendix A – Improvements Diagram ............................................................... A-1
Appendix B – Public Property Assessments ...................................................... B-1
Appendix C – Assessment Roll ........................................................................ C-1
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VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 DIRECTORY
i
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1
FISCAL YEAR 2024-25
CITY COUNCIL MEMBERS AND STAFF
Dan Romero
Mayor
Dion Bailey
Vice Mayor
Alexander Walker-Griffin
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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VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 SIGNATURES
ii
ENGINEER’S REPORT
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1
FISCAL YEAR 2024-25
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.
Dated: June 6, 2024 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 _________ 2024.
By______________________________
Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram, thereto attached, was approved and confirmed by the City Council of the City of Hercules , Contra Costa County, California, on the ____ _ day of _________ 2024.
By______________________________
Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California
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VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 ENGINEER’S REPORT
1 SECTION I
INTRODUCTION
Background Information
The land corresponding to 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 No. 83-2). The developer for Victoria by the Bay was required to install landscaping, streetlighting, park and recreational improvements as a condition of approval for development. The Victoria by the Bay improvements are distinct from other improvements within existing LLAD No. 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 existing LLAD No. 83-2, forming the Victoria by the Bay Landscaping and Lighting Assessment District No. 2002 -1 (the “District”), approving a maximum amount of individual assessments for future years, and authorizing an index by which the stated maximum amount of the individual 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 No. 83-2, formed the District, and authorized the lev y of the first annual assessment to be adjusted annually according to the index as set forth in the Engineer’s Report. The index defined in the Engineer’s Report is the annual change in the Bay Area’s Consumer Price Index – All Urban Consumers (CPI) for the previous calendar year.
The District is experiencing a funding shortfall, which is currently being covered by a de facto loan from the General Fund. A 5- year financial projection completed in May 2023 and an independent evaluation in October 2023 confirmed the shortfall would not be self- correcting. On October 19, 2023, notices and ballots were mailed to the District property owners, in accordance with Proposition 218, to approve a two- step $150 per year assessment increase for a total annual increase of $300. Results from the bal lot tabulation conducted on December 5, 2023 confirmed property owners did not approve the proposed increase to their District assessments by a 77% to 23% margin.
Current Annual Administration
As required by the Landscape and Lighting Act of 1972 (“1972 Act ”), this Engineer’s Report (“Report”) describes the improvements to be constructed, operated, maintained and serviced by the District for F iscal Year (FY) 2024-25, provides an estimated budget for the District and lists the assessments to be levied upon each assessable lot or parcel within the District. The District is currently experiencing annual operating deficits primarily due to the need for higher -level tree pruning work, increased irrigation watering due to 652
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2 climate change, and East Bay Municipal Utility District water rate increases. To address the annual operating deficit and cumulative fund deficit for the District, City Council is proposing to increase the maximum annual assessments for the District commencing with FY 2024-25.
Increasing the maximum annual assessments for the District will require the City to conduct proceedings pursuant to Proposition 218, which includes mailing notices and ballots to affected property owners a minimum of 45 days prior to the public hearing on this matter that is scheduled for June 25, 2024. At the public hearing, the City will provide an opportunity for any interested person to provide testimony. After the public hearing input portion, the City Council will ask if there are any remaining ballots to be turned in or if anyone would like to change or withdraw their ballot. The tabulation of the ballots will be conducted on the same night as the public hearing and the results of the ballot tabulation will be presented to City Council. If a majority of ballots returned, weighted by proposed assessment, do not oppose the assessment increase then City Council can authorize the levy of the increased assessment commencing with fiscal year 2024-25 by adopting a resolution confirming the levy and collection of the increased assessments.
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 District must be placed in a special fund and will only be used for the purposes stated within this Report.
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3 SECTION II
ENGINEER’S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
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 2024-25
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. 24-025 adopted by the City Council of the City of Hercules on April 23, 2024, 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 2024-25, 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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VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 ENGINEER’S REPORT
4 PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of 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 the assessment 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.
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5 PART A
PLANS AND SPECIFICATIONS
The facilities that have been constructed benefitting parcels of land within the District, and those which may be subsequently constructed, operated, maintained and serviced a re generally described and defined below:
The landscaping, parks, 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 public rights of way, which are dedica ted to the City on the subdivision final maps. An “Improvements Diagram” is included in Appendix “A” of this Report. This diagram depicts the improvements funded by District assessments.
The “Neighborhood” improvements to be maintained generally include landscaping and streetlighting improvements located along public streets and the linear parks located within the Distric t. More specifically, the improvements to be maintained include trees, shrubs, vines, ground cover, turf, Victoria Park and Arbor Park improvements and in-tract streetlights. The services to be provided include, but are not limited to, litter and debris removal, graffiti abatement, irrigation system adjustment s, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; tree trimming and removal of debris in the area.
The “City -wide” improvements to be maintained and paid for by District assessments generally consists of arterial/major roadway landscape and street lighting maintenance.
More specifically, the improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights located along John Muir Parkway, Refugio Valley Road, San Pablo Avenue, Sycamore Avenue, and Willow Avenue. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustments, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; tree trimming 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, 656
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6 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.
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7 PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of installation, construction, operation, maintenance, servicing, and incidentals associated with 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 electricity 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 generated by the assessments shall be used only for the purpose as stated herein.
The operation, maintenance and servicing costs for FY 2024-25 are summarized in Table 1 on the following page. These cost estimates were provided by the City of Hercules.
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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 streetlighting improvements. The FY 2024-25 estimated budget for the City's Arterial/Major Roads landscaping and streetlighting improvements is approximately $362,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $35.00/ERU.
REVENUES FY 2024-25 FY 2025-26
Assessments $637,087 $761,677
Public Agency Assessments $10,034 $11,997
General Benefit Contribution $13,052 $13,530
TOTAL REVENUES: $660,173 $787,203
ESTIMATED ANNUAL EXPENDITURES
Personnel $122,347 $126,017
Transfer for Arterials/Major Roads L&L Maintenance $29,529 $30,415 Landscaping, Open Space, and Associated Repairs $195,000 $200,850 Tree Trimming $25,000 $25,750
Electricity and Streetlight Repairs $50,000 $51,500
Landscape and Facilities Water $225,000 $236,250
Assessment Engineering Cost $5,000 $5,000
Incidental / Direct Admin Cost $29,379 $30,260
County Fees $853 $853
TOTAL ANNUAL EXPENDITURES: $682,108 $706,896
CAPITAL IMPROVEMENT PROJECTS (CIP)
Miscellaneous Capital Improvement Projects including Tree Mitigation $25,000 $25,000 TOTAL CIP EXPENDITURES: $25,000 $25,000
TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $707,108 $731,896
FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2024 ($449,090) ($496,025) FY 2024-25 Reserve Collection Increase/(Decrease) ($46,935) $55,307 Ending Balance - Projected June 30, 2025 ($496,025) ($440,718) Recommended Operating Reserves $353,554 $365,948
Available Operating Reserves ($496,025) ($440,718)
Available Capital Reserves $0 $0
DISTRICT STATISTICS
Total Parcels 839 839
Total Parcels Levied 794 794
Total Equivalent Residential Units (ERU) 843.682 843.682 Maximum Levy per Benefit Unit $767.03 $917.03
Applied Levy per Benefit Unit $767.03 $917.03
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(VICTORIA BY THE BAY)
PROPOSED INCOME AND EXPENSE
FISCAL YEAR 2024-25
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9 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. 660
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VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
11 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 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. Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment are the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, and public alleys.
GENERAL BENEFIT
Under Article XIIID of the State Constitution (Proposition 218) , general benefit to the public at large is not assessable to property owners within the District. The various types of general benefit associated with this district are described below:
Neighborhood Improvements: There is insignificant flow through traffic for the in-tract neighborhood streets associated with the District . However, to acknowledge the rare and incidental occasion on which residents commencing from a location outside the boundar ies of the District utilize the in -tract 662
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12 neighborhood streets to access other destinations outside the boundary of the District, an industry standard of 2% of the cost to maintain the District Improvements is attributed to general benefit, and will be paid by the City.
Arterial/Major Roads Landscape and Streetlighting 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 streetlighting 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 r oads 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 a prior circulation analysis, it is estimated that an average of 6% of traffic on these roads can be attributed to flow through traffic and therefore, 6 % of the cost to maintain landscaping and streetlighting located along arterial/major roads is attributed to general benefit and will be paid by the City.
SPECIAL BENEFIT
Most of the improvements to be serviced and maintained by the District have been constructed as a condition of approval of the Victoria by the Bay development 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 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. Street lighting also increases the promotion of business during nighttime hours in the case of commercial property.
Landscaped Streetscapes and Medians: The District keeps the City’s landscaped streetscapes and medians well -groomed and irrigated which enhances property values within the District . 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;
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13 • Improved erosion control;
• Improved dust and debris control;
• Reduced air pollution; and
• Enhanced sense of pride within the development and community.
Public Parks and Recreational Facilities: The District provides landscape and recreational facility maintenance at Victoria Park and Arbor Park , which are in close proximity to parcels within the District and enhance 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 benefits received may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant r eduction 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, 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 from the improvements is approximately the same. Therefore, one (1) SFR parcel shall be equal to one (1) ERU. Because the majority of parcels in the District are SFRs, it is also reasonable to measure the relative benefits received by other residential land use in terms of that received by an SFR parcel.
664
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
14 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. The building square footage of an MFR unit (e.g., apartment, duplex, tri -plex, mobile home, etc.) is significantly less than the building square footage of a n SFR. Therefore, it is reasonable to assume MFR units have less occupants per unit on average as compared to an SFR and therefore have less of an impact to District improvements.
The District includes one MFR parcel comprised of deed-restricted affordable housing units. The deed- restricted affordable housing site consist s 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 an SFR unit will be 2,300 square feet and one MFR unit to be 900 square feet. Based upon density studies for neighboring communities, it is reasonable to assume that an SFR and MFR will have 3 and 2 persons per unit, respectively. Studies have shown that a vacant lot will require 25% the maintenance effort as compared to an improved (occupied) lot. The remaining 75% of the benefit may be said to be related to parcel use. Therefore, Equivalent Residential Units (ERU) for the affordable housing MFR units is 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. Therefore, t hese deed- restricted affordable housing units are assessed at 50% of the assessment for typical 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 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
665
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
15 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 maintenance for build-out conditions. Accordingly, the estimated benefit received by an unimproved parcel of land with 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.
4. Public Properties
City parks benefit from the neighborhood services provided by the District 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 an SFR in Contra Costa County . 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 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.
666
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
16 CALCULATION OF ASSESSMENTS
The costs shown in Table 1 of Part B (Estimate of Cost) have been distributed amongst the various parcels of land within the District in accordance with the assessment methodology described above to determine the FY 2024-25 maximum assessments.
The table below provides a summary of the current maximum assessments and the FY 2024-25 and FY 2025-26 maximum assessments by land use classification.
CPI INCREASES TO MAXIMUM ASSESSMENTS
The maximum annual assessments will be increased annually by the change in the San Francisco Bay Region All Urban Consumers, Consumer Price Index (CPI) c ommencing with FY 2026-27.
MAXIMUM ASSESSMENT
For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, including the CPI increase s described above commencing FY 2026-27, unless proceedings are conducted and affirmed in accordance with Article XIIID, Section 4 of the California Constitution.
DURATION OF ASSESSMENTS
Assessments will be levied in perpetuity unless otherwise determined by City Council.
District
Land Use
Classification
FY 2024-25
Current Maximum
Assessment
FY 2024-25
Proposed Maximum
Assessment
FY 2025-26
Proposed Maximum
Assessment
Single-Family Residence $617.03 $767.03 $917. 03
Vacant Single-Family $154.26 $191.76 $229.26
Multi-Family Residential $370.22 $460.22 $550.22
Deed-Restricted Affordable Housing Unit $185.11 $230.11 $275.11 667
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART E
17 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 2024-25 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 2024-25 is $647,121.48.
668
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 APPENDIX A
A-1
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
670
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 APPENDIX B
B-1
APPENDIX “B”
PUBLIC PROPERTY ASSESSMENTS
671
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 2024-25
404030045 VICTORIA CRESCENTCity/Open Space 0 11.402 0.589 $451.78 404520035 VICTORIA CRESCENTCity/Park 0 2.500 12.493 $9,582.50 Total: 0 13.902 13.082 $10,034.28
B- 2
672
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 APPENDIX C
C-1
APPENDIX “C”
ASSESSMENT ROLL
673
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404030045 $451.78
404030050 $30,374.38
404500001 $767.02
404500002 $767.02
404500003 $767.02
404500004 $767.02
404500005 $767.02
404500006 $767.02
404500007 $767.02
404500008 $767.02
404500009 $767.02
404500010 $767.02
404500011 $767.02
404500012 $767.02
404500013 $767.02
404500014 $767.02
404500015 $767.02
404500016 $767.02
404500017 $767.02
404500018 $767.02
404500019 $767.02
404500020 $767.02
404500021 $767.02
404500022 $767.02
404500023 $767.02
404500024 $767.02
404500025 $767.02
404500026 $767.02
404500027 $767.02
404500028 $767.02
404500029 $767.02
404500030 $767.02
404500031 $767.02
404500032 $767.02
404500033 $767.02
404500034 $767.02
404500035 $767.02
404500036 $767.02
404500037 $767.02
404500038 $767.02
404500039 $767.02
404500040 $767.02
404500041 $767.02
404500042 $767.02
404500043 $767.02
404500044 $767.02
404500045 $767.02
404500046 $767.02
404500047 $767.02
404500048 $767.02
404500049 $767.02
404500050 $767.02
404500051 $767.02
404500052 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404500053 $767.02
404500054 $767.02
404500055 $767.02
404500056 $767.02
404500057 $767.02
404500058 $767.02
404500059 $767.02
404500060 $767.02
404500061 $767.02
404510001 $767.02
404510002 $767.02
404510003 $767.02
404510004 $767.02
404510005 $767.02
404510006 $767.02
404510007 $767.02
404510008 $767.02
404510009 $767.02
404510010 $767.02
404510011 $767.02
404510012 $767.02
404510013 $767.02
404510014 $767.02
404510015 $767.02
404510016 $767.02
404510017 $767.02
404510018 $767.02
404510019 $767.02
404510020 $767.02
404510021 $767.02
404510022 $767.02
404510023 $767.02
404510024 $767.02
404510025 $767.02
404510026 $767.02
404510027 $767.02
404510028 $767.02
404510029 $767.02
404510030 $767.02
404510031 $767.02
404510032 $767.02
404510033 $767.02
404510034 $767.02
404510035 $767.02
404510036 $767.02
404510037 $767.02
404510038 $767.02
404510039 $767.02
404510040 $767.02
404510041 $767.02
404510042 $767.02
404510043 $767.02
404510044 $767.02
404510045 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404510046 $767.02
404510047 $767.02
404510048 $767.02
404510049 $767.02
404510050 $767.02
404510051 $767.02
404510052 $767.02
404510053 $767.02
404510054 $767.02
404510055 $767.02
404510056 $767.02
404520001 $767.02
404520002 $767.02
404520003 $767.02
404520004 $767.02
404520005 $767.02
404520006 $767.02
404520007 $767.02
404520008 $767.02
404520009 $767.02
404520010 $767.02
404520011 $767.02
404520012 $767.02
404520013 $767.02
404520014 $767.02
404520015 $767.02
404520016 $767.02
404520017 $767.02
404520018 $767.02
404520019 $767.02
404520020 $767.02
404520021 $767.02
404520022 $767.02
404520023 $767.02
404520024 $767.02
404520025 $767.02
404520026 $767.02
404520027 $767.02
404520028 $767.02
404520029 $767.02
404520030 $767.02
404520031 $767.02
404520032 $767.02
404520033 $767.02
404520034 $767.02
404520035 $9,582.50
404530001 $767.02
404530002 $767.02
404530003 $767.02
404530004 $767.02
404530005 $767.02
404530006 $767.02
404530007 $767.02
404530008 $767.02
04/15/24
C-2
674
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404530009 $767.02
404530010 $767.02
404530011 $767.02
404530012 $767.02
404530013 $767.02
404530014 $767.02
404530015 $767.02
404530016 $767.02
404530017 $767.02
404530018 $767.02
404530019 $767.02
404530020 $767.02
404530021 $767.02
404530022 $767.02
404530023 $767.02
404530024 $767.02
404530025 $767.02
404530026 $767.02
404530027 $767.02
404530028 $767.02
404530029 $767.02
404530030 $767.02
404530031 $767.02
404530032 $767.02
404530033 $767.02
404530034 $767.02
404530035 $767.02
404530036 $767.02
404540001 $767.02
404540002 $767.02
404540003 $767.02
404540004 $767.02
404540005 $767.02
404540006 $767.02
404540007 $767.02
404540008 $767.02
404540009 $767.02
404540010 $767.02
404540011 $767.02
404540012 $767.02
404540013 $767.02
404540014 $767.02
404540015 $767.02
404540016 $767.02
404540017 $767.02
404540018 $767.02
404540019 $767.02
404540020 $767.02
404540021 $767.02
404540022 $767.02
404540023 $767.02
404540024 $767.02
404540025 $767.02
404540026 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404540027 $767.02
404540028 $767.02
404540029 $767.02
404540030 $767.02
404540031 $767.02
404540032 $767.02
404540033 $767.02
404540034 $767.02
404540035 $767.02
404540036 $767.02
404540037 $767.02
404540038 $767.02
404540039 $767.02
404550001 $767.02
404550002 $767.02
404550003 $767.02
404550004 $767.02
404550005 $767.02
404550006 $767.02
404550007 $767.02
404550008 $767.02
404550009 $767.02
404550010 $767.02
404550011 $767.02
404550012 $767.02
404550013 $767.02
404550014 $767.02
404550015 $767.02
404560001 $767.02
404560002 $767.02
404560003 $767.02
404560004 $767.02
404560005 $767.02
404560006 $767.02
404560007 $767.02
404560008 $767.02
404560009 $767.02
404560010 $767.02
404560011 $767.02
404560012 $767.02
404560013 $767.02
404560014 $767.02
404560015 $767.02
404560016 $767.02
404560017 $767.02
404560018 $767.02
404560019 $767.02
404560020 $767.02
404560021 $767.02
404560022 $767.02
404560023 $767.02
404560024 $767.02
404560025 $767.02
404560026 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404560027 $767.02
404560028 $767.02
404560029 $767.02
404560030 $767.02
404560031 $767.02
404560032 $767.02
404560033 $767.02
404560034 $767.02
404560035 $767.02
404560036 $767.02
404560037 $767.02
404560038 $767.02
404560039 $767.02
404560040 $767.02
404560041 $767.02
404560042 $767.02
404560043 $767.02
404560044 $767.02
404560045 $767.02
404570001 $767.02
404570002 $767.02
404570003 $767.02
404570004 $767.02
404570005 $767.02
404570006 $767.02
404570007 $767.02
404570008 $767.02
404570009 $767.02
404570010 $767.02
404570011 $767.02
404570012 $767.02
404570013 $767.02
404570014 $767.02
404570015 $767.02
404570016 $767.02
404570017 $767.02
404570018 $767.02
404570019 $767.02
404570020 $767.02
404570021 $767.02
404570022 $767.02
404570023 $767.02
404570024 $767.02
404570025 $767.02
404570026 $767.02
404570027 $767.02
404570028 $767.02
404570029 $767.02
404570030 $767.02
404570031 $767.02
404570032 $767.02
404570033 $767.02
404570034 $767.02
404570035 $767.02
04/15/24
C-3
675
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404570036 $767.02
404570037 $767.02
404570038 $767.02
404570039 $767.02
404570040 $767.02
404570041 $767.02
404570042 $767.02
404570043 $767.02
404570044 $767.02
404570045 $767.02
404570046 $767.02
404570047 $767.02
404570048 $767.02
404570049 $767.02
404570050 $767.02
404570051 $767.02
404570052 $767.02
404570053 $767.02
404570054 $767.02
404570055 $767.02
404570056 $767.02
404570057 $767.02
404580001 $767.02
404580002 $767.02
404580003 $767.02
404580004 $767.02
404580005 $767.02
404580006 $767.02
404580007 $767.02
404580008 $767.02
404580009 $767.02
404580010 $767.02
404580011 $767.02
404580012 $767.02
404580013 $767.02
404580014 $767.02
404580015 $767.02
404580016 $767.02
404580017 $767.02
404580018 $767.02
404580019 $767.02
404580020 $767.02
404580021 $767.02
404580022 $767.02
404580023 $767.02
404580024 $767.02
404580025 $767.02
404580026 $767.02
404580027 $767.02
404580028 $767.02
404580029 $767.02
404580030 $767.02
404580031 $767.02
404580032 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404580033 $767.02
404580034 $767.02
404580035 $767.02
404580036 $767.02
404580037 $767.02
404580038 $767.02
404580039 $767.02
404580040 $767.02
404580041 $767.02
404580042 $767.02
404580043 $767.02
404580044 $767.02
404580045 $767.02
404580046 $767.02
404580047 $767.02
404580048 $767.02
404580049 $767.02
404580050 $767.02
404580051 $767.02
404580052 $767.02
404580053 $767.02
404580054 $767.02
404580055 $767.02
404580056 $767.02
404580057 $767.02
404580058 $767.02
404580059 $767.02
404580060 $767.02
404580061 $767.02
404580062 $767.02
404580063 $767.02
404580064 $767.02
404580065 $767.02
404580066 $767.02
404580067 $767.02
404580068 $767.02
404580069 $767.02
404580070 $767.02
404580071 $767.02
404580072 $767.02
404580073 $767.02
404580074 $767.02
404580075 $767.02
404580076 $767.02
404580077 $767.02
404580078 $767.02
404580079 $767.02
404580080 $767.02
404580081 $767.02
404590001 $767.02
404590002 $767.02
404590003 $767.02
404590004 $767.02
404590005 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404590006 $767.02
404590007 $767.02
404590008 $767.02
404590009 $767.02
404590010 $767.02
404590011 $767.02
404590012 $767.02
404590013 $767.02
404590014 $767.02
404590015 $767.02
404590016 $767.02
404590017 $767.02
404590018 $767.02
404590019 $767.02
404590020 $767.02
404590021 $767.02
404590022 $767.02
404590023 $767.02
404590024 $767.02
404590025 $767.02
404590026 $767.02
404590027 $767.02
404590028 $767.02
404590029 $767.02
404590030 $767.02
404590031 $767.02
404590032 $767.02
404590033 $767.02
404590034 $767.02
404590035 $767.02
404590036 $767.02
404590037 $767.02
404590038 $767.02
404590039 $767.02
404590040 $767.02
404590041 $767.02
404590042 $767.02
404590043 $767.02
404590044 $767.02
404590045 $767.02
404590046 $767.02
404590047 $767.02
404590048 $767.02
404590049 $767.02
404590050 $767.02
404590051 $767.02
404590052 $767.02
404590053 $767.02
404590054 $767.02
404590055 $767.02
404590056 $767.02
404590057 $767.02
404590058 $767.02
404590059 $767.02
04/15/24
C-4
676
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404590060 $767.02
404590061 $767.02
404590062 $767.02
404590063 $767.02
404590064 $767.02
404590065 $767.02
404590066 $767.02
404590067 $767.02
404590068 $767.02
404590069 $767.02
404590070 $767.02
404590071 $767.02
404590072 $767.02
404590073 $767.02
404590074 $767.02
404590075 $767.02
404590076 $767.02
404590077 $767.02
404590078 $767.02
404590079 $767.02
404590080 $767.02
404590081 $767.02
404590082 $767.02
404590083 $767.02
404590084 $767.02
404590085 $767.02
404590086 $767.02
404590087 $767.02
404590088 $767.02
404590089 $767.02
404590090 $767.02
404590091 $767.02
404590092 $767.02
404590093 $767.02
404590094 $767.02
404590095 $767.02
404590096 $767.02
404590097 $767.02
404590098 $767.02
404590099 $767.02
404590100 $767.02
404590101 $767.02
404590102 $767.02
404590103 $767.02
404590104 $767.02
404590105 $767.02
404590106 $767.02
404590107 $767.02
404590108 $767.02
404590109 $767.02
404590110 $767.02
404590111 $767.02
404590112 $767.02
404590113 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404590114 $767.02
404590115 $767.02
404590116 $767.02
404590117 $767.02
404600001 $767.02
404600002 $767.02
404600003 $767.02
404600004 $767.02
404600005 $767.02
404600006 $767.02
404600007 $767.02
404600008 $767.02
404600009 $767.02
404600010 $767.02
404600011 $767.02
404600012 $767.02
404600013 $767.02
404600014 $767.02
404600015 $767.02
404600016 $767.02
404600017 $767.02
404600018 $767.02
404600019 $767.02
404600020 $767.02
404600021 $767.02
404600022 $767.02
404600023 $767.02
404600024 $767.02
404600025 $767.02
404600026 $767.02
404600027 $767.02
404600028 $767.02
404600029 $767.02
404600030 $767.02
404600031 $767.02
404600032 $767.02
404600033 $767.02
404610001 $767.02
404610002 $767.02
404610003 $767.02
404610004 $767.02
404610005 $767.02
404610006 $767.02
404610007 $767.02
404610008 $767.02
404610009 $767.02
404610010 $767.02
404610011 $767.02
404610012 $767.02
404610013 $767.02
404610014 $767.02
404610015 $767.02
404610016 $767.02
404610017 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404610018 $767.02
404610019 $767.02
404610020 $767.02
404610021 $767.02
404610022 $767.02
404610023 $767.02
404610024 $767.02
404610025 $767.02
404610026 $767.02
404610027 $767.02
404610028 $767.02
404610029 $767.02
404610030 $767.02
404610031 $767.02
404610032 $767.02
404610033 $767.02
404610034 $767.02
404610035 $767.02
404610036 $767.02
404610037 $767.02
404610038 $767.02
404610039 $767.02
404610040 $767.02
404610041 $767.02
404620001 $767.02
404620002 $767.02
404620003 $767.02
404620004 $767.02
404620005 $767.02
404620006 $767.02
404620007 $767.02
404620008 $767.02
404620009 $767.02
404620010 $767.02
404620011 $767.02
404620012 $767.02
404620013 $767.02
404620014 $767.02
404620015 $767.02
404620016 $767.02
404620017 $767.02
404620018 $767.02
404620019 $767.02
404620020 $767.02
404620021 $767.02
404620022 $767.02
404620023 $767.02
404620024 $767.02
404620025 $767.02
404620026 $767.02
404620027 $767.02
404620028 $767.02
404620029 $767.02
404620030 $767.02
04/15/24
C-5
677
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404620031 $767.02
404620032 $767.02
404620033 $767.02
404620034 $767.02
404620035 $767.02
404620036 $767.02
404620037 $767.02
404620038 $767.02
404620039 $767.02
404620040 $767.02
404620041 $767.02
404620042 $767.02
404620043 $767.02
404620044 $767.02
404620045 $767.02
404620046 $767.02
404620047 $767.02
404620048 $767.02
404620049 $767.02
404620050 $767.02
404620051 $767.02
404620052 $767.02
404620053 $767.02
404620054 $767.02
404620055 $767.02
404620056 $767.02
404620057 $767.02
404620058 $767.02
404620059 $767.02
404640001 $767.02
404640002 $767.02
404640003 $767.02
404640004 $767.02
404640005 $767.02
404640006 $767.02
404640007 $767.02
404640008 $767.02
404640009 $767.02
404640010 $767.02
404640011 $767.02
404640012 $767.02
404640013 $767.02
404640014 $767.02
404640015 $767.02
404640016 $767.02
404640017 $767.02
404640018 $767.02
404640019 $767.02
404640020 $767.02
404640021 $767.02
404680001 $767.02
404680002 $767.02
404680003 $767.02
404680004 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404680005 $767.02
404680006 $767.02
404680007 $767.02
404680008 $767.02
404680009 $767.02
404680010 $767.02
404680011 $767.02
404680012 $767.02
404680013 $767.02
404680014 $767.02
404680015 $767.02
404680016 $767.02
404680017 $767.02
404680018 $767.02
404680019 $767.02
404680020 $767.02
404680021 $767.02
404680022 $767.02
404680023 $767.02
404680024 $767.02
404680025 $767.02
404680026 $767.02
404680027 $767.02
404680028 $767.02
404680029 $767.02
404680030 $767.02
404680031 $767.02
404680032 $767.02
404680033 $767.02
404680034 $767.02
404680035 $767.02
404680036 $767.02
404680037 $767.02
404680038 $767.02
404680039 $767.02
404680040 $767.02
404680041 $767.02
404680042 $767.02
404680043 $767.02
404680044 $767.02
404680045 $767.02
404680046 $767.02
404680047 $767.02
404680048 $767.02
404680049 $767.02
404680050 $767.02
404680051 $767.02
404680052 $767.02
404680053 $767.02
404740001 $767.02
404740002 $767.02
404740003 $767.02
404740004 $767.02
404740005 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404740006 $767.02
404740007 $767.02
404740008 $767.02
404740009 $767.02
404740010 $767.02
404740011 $767.02
404740012 $767.02
404740013 $767.02
404740014 $767.02
404740015 $767.02
404740016 $767.02
404740017 $767.02
404740018 $767.02
404740019 $767.02
404740020 $767.02
404740021 $767.02
404740022 $767.02
404740023 $767.02
404740024 $767.02
404740025 $767.02
404740026 $767.02
404740027 $767.02
404740028 $767.02
404740029 $767.02
404740030 $767.02
404740031 $767.02
404740032 $767.02
404740033 $767.02
404740034 $767.02
404740035 $767.02
404740036 $767.02
404740037 $767.02
404740038 $767.02
404740039 $767.02
404740040 $767.02
404740041 $767.02
404740042 $767.02
404740043 $767.02
$647,121.48
04/15/24C-6
678
City of Hercules
Victoria By The Bay
Landscaping and Lighting
Assessment District No. 2002-1
Fiscal Year 2024-25
Final Engineer’s Report
June 25, 2024
679
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 TABLE OF CONTENTS
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 .......................................... 17
Appendix A – Improvements Diagram ............................................................... A-1
Appendix B – Public Property Assessments ...................................................... B-1
Appendix C – Assessment Roll ........................................................................ C-1
680
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 DIRECTORY
i
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1
FISCAL YEAR 2024-25
CITY COUNCIL MEMBERS AND STAFF
Dan Romero
Mayor
Dion Bailey
Vice Mayor
Alexander Walker-Griffin
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
681
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 SIGNATURES
ii
ENGINEER’S REPORT
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT No. 2002-1
FISCAL YEAR 2024-25
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.
Dated: June 6, 2024 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 _________ 2024.
By______________________________
Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram, thereto attached, was approved and confirmed by the City Council of the City of Hercules , Contra Costa County, California, on the ____ _ day of _________ 2024.
By______________________________
Eibleis Melendez, City Clerk
City of Hercules
Contra Costa County, California
682
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 ENGINEER’S REPORT
1 SECTION I
INTRODUCTION
Background Information
The land corresponding to 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 No. 83-2). The developer for Victoria by the Bay was required to install landscaping, streetlighting, park and recreational improvements as a condition of approval for development. The Victoria by the Bay improvements are distinct from other improvements within existing LLAD No. 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 existing LLAD No. 83-2, forming the Victoria by the Bay Landscaping and Lighting Assessment District No. 2002 -1 (the “District”), approving a maximum amount of individual assessments for future years, and authorizing an index by which the stated maximum amount of the individual 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 No. 83-2, formed the District, and authorized the lev y of the first annual assessment to be adjusted annually according to the index as set forth in the Engineer’s Report. The index defined in the Engineer’s Report is the annual change in the Bay Area’s Consumer Price Index – All Urban Consumers (CPI) for the previous calendar year.
The District is experiencing a funding shortfall, which is currently being covered by a de facto loan from the General Fund. A 5- year financial projection completed in May 2023 and an independent evaluation in October 2023 confirmed the shortfall would not be self- correcting. On October 19, 2023, notices and ballots were mailed to the District property owners, in accordance with Proposition 218, to approve a two- step $150 per year assessment increase for a total annual increase of $300. Results from the bal lot tabulation conducted on December 5, 2023 confirmed property owners did not approve the proposed increase to their District assessments by a 77% to 23% margin.
Current Annual Administration
As required by the Landscape and Lighting Act of 1972 (“1972 Act ”), this Engineer’s Report (“Report”) describes the improvements to be constructed, operated, maintained and serviced by the District for F iscal Year (FY) 2024-25, provides an estimated budget for the District and lists the assessments to be levied upon each assessable lot or parcel within the District. The District is currently experiencing annual operating deficits primarily due to the need for higher -level tree pruning work, increased irrigation watering due to 683
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 ENGINEER’S REPORT
2 climate change, and East Bay Municipal Utility District water rate increases. To address the annual operating deficit and cumulative fund deficit for the District, City Council is proposing to increase the maximum annual assessments for the District commencing with FY 2024-25.
Increasing the maximum annual assessments for the District will require the City to conduct proceedings pursuant to Proposition 218, which includes mailing notices and ballots to affected property owners a minimum of 45 days prior to the public hearing on this matter that is scheduled for June 25, 2024. At the public hearing, the City will provide an opportunity for any interested person to provide testimony. After the public hearing input portion, the City Council will ask if there are any remaining ballots to be turned in or if anyone would like to change or withdraw their ballot. The tabulation of the ballots will be conducted on the same night as the public hearing and the results of the ballot tabulation will be presented to City Council. If a majority of ballots returned, weighted by proposed assessment, do not oppose the assessment increase then City Council can authorize the levy of the increased assessment commencing with fiscal year 2024-25 by adopting a resolution confirming the levy and collection of the increased assessments.
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 District must be placed in a special fund and will only be used for the purposes stated within this Report.
684
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 ENGINEER’S REPORT
3 SECTION II
ENGINEER’S REPORT
PREPARED PURSUANT TO THE PROVISIONS OF THE
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 2024-25
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. 24-025 adopted by the City Council of the City of Hercules on April 23, 2024, 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 2024-25, 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.
685
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 ENGINEER’S REPORT
4 PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of 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 the assessment 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.
686
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART A
5 PART A
PLANS AND SPECIFICATIONS
The facilities that have been constructed benefitting parcels of land within the District, and those which may be subsequently constructed, operated, maintained and serviced a re generally described and defined below:
The landscaping, parks, 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 public rights of way, which are dedica ted to the City on the subdivision final maps. An “Improvements Diagram” is included in Appendix “A” of this Report. This diagram depicts the improvements funded by District assessments.
The “Neighborhood” improvements to be maintained generally include landscaping and streetlighting improvements located along public streets and the linear parks located within the Distric t. More specifically, the improvements to be maintained include trees, shrubs, vines, ground cover, turf, Victoria Park and Arbor Park improvements and in-tract streetlights. The services to be provided include, but are not limited to, litter and debris removal, graffiti abatement, irrigation system adjustment s, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; tree trimming and removal of debris in the area.
The “City -wide” improvements to be maintained and paid for by District assessments generally consists of arterial/major roadway landscape and street lighting maintenance.
More specifically, the improvements to be maintained include trees, shrubs, vines, ground cover, turf, and streetlights located along John Muir Parkway, Refugio Valley Road, San Pablo Avenue, Sycamore Avenue, and Willow Avenue. The services to be provided include but are not limited to litter and debris removal, graffiti abatement, irrigation system adjustments, maintenance and repairs; landscape structure repairs and painting; pruning, staking, fertilizing, plant replacement and restoration; weed control; erosion control; tree trimming 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, 687
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART A
6 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.
688
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART B
7 PART B
ESTIMATE OF COST
The 1972 Act provides that the total cost of installation, construction, operation, maintenance, servicing, and incidentals associated with 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 electricity 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 generated by the assessments shall be used only for the purpose as stated herein.
The operation, maintenance and servicing costs for FY 2024-25 are summarized in Table 1 on the following page. These cost estimates were provided by the City of Hercules.
689
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 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 streetlighting improvements. The FY 2024-25 estimated budget for the City's Arterial/Major Roads landscaping and streetlighting improvements is approximately $362,000 and the transfer amounts for Arterials/Major Roads landscaping and lighting are based on an allocation to each parcel of $35.00/ERU.
REVENUES FY 2024-25 FY 2025-26
Assessments $637,087 $761,677
Public Agency Assessments $10,034 $11,997
General Benefit Contribution $13,052 $13,530
TOTAL REVENUES: $660,173 $787,203
ESTIMATED ANNUAL EXPENDITURES
Personnel $122,347 $126,017
Transfer for Arterials/Major Roads L&L Maintenance $29,529 $30,415 Landscaping, Open Space, and Associated Repairs $195,000 $200,850 Tree Trimming $25,000 $25,750
Electricity and Streetlight Repairs $50,000 $51,500
Landscape and Facilities Water $225,000 $236,250
Assessment Engineering Cost $5,000 $5,000
Incidental / Direct Admin Cost $29,379 $30,260
County Fees $853 $853
TOTAL ANNUAL EXPENDITURES: $682,108 $706,896
CAPITAL IMPROVEMENT PROJECTS (CIP)
Miscellaneous Capital Improvement Projects including Tree Mitigation $25,000 $25,000 TOTAL CIP EXPENDITURES: $25,000 $25,000
TOTAL EXPENDITURES
TOTAL ANNUAL AND CIP EXPENDITURES: $707,108 $731,896
FUND BALANCE INFORMATION
Beginning Balance - Projected July 1, 2024 ($449,090) ($496,025) FY 2024-25 Reserve Collection Increase/(Decrease) ($46,935) $55,307 Ending Balance - Projected June 30, 2025 ($496,025) ($440,718) Recommended Operating Reserves $353,554 $365,948
Available Operating Reserves ($496,025) ($440,718)
Available Capital Reserves $0 $0
DISTRICT STATISTICS
Total Parcels 839 839
Total Parcels Levied 794 794
Total Equivalent Residential Units (ERU) 843.682 843.682 Maximum Levy per Benefit Unit $767.03 $917.03
Applied Levy per Benefit Unit $767.03 $917.03
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
(VICTORIA BY THE BAY)
PROPOSED INCOME AND EXPENSE
FISCAL YEAR 2024-25
690
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART C
9 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. 691
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/78
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/67/105/116/121/32/76/105/109/105/116
/76/69/71/69/78/68
/66/97/115/101/109/97/112
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692
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
11 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 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. Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment are the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, and public alleys.
GENERAL BENEFIT
Under Article XIIID of the State Constitution (Proposition 218) , general benefit to the public at large is not assessable to property owners within the District. The various types of general benefit associated with this district are described below:
Neighborhood Improvements: There is insignificant flow through traffic for the in-tract neighborhood streets associated with the District . However, to acknowledge the rare and incidental occasion on which residents commencing from a location outside the boundar ies of the District utilize the in -tract 693
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
12 neighborhood streets to access other destinations outside the boundary of the District, an industry standard of 2% of the cost to maintain the District Improvements is attributed to general benefit, and will be paid by the City.
Arterial/Major Roads Landscape and Streetlighting 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 streetlighting 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 r oads 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 a prior circulation analysis, it is estimated that an average of 6% of traffic on these roads can be attributed to flow through traffic and therefore, 6 % of the cost to maintain landscaping and streetlighting located along arterial/major roads is attributed to general benefit and will be paid by the City.
SPECIAL BENEFIT
Most of the improvements to be serviced and maintained by the District have been constructed as a condition of approval of the Victoria by the Bay development 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 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. Street lighting also increases the promotion of business during nighttime hours in the case of commercial property.
Landscaped Streetscapes and Medians: The District keeps the City’s landscaped streetscapes and medians well -groomed and irrigated which enhances property values within the District . 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;
694
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
13 • Improved erosion control;
• Improved dust and debris control;
• Reduced air pollution; and
• Enhanced sense of pride within the development and community.
Public Parks and Recreational Facilities: The District provides landscape and recreational facility maintenance at Victoria Park and Arbor Park , which are in close proximity to parcels within the District and enhance 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 benefits received may best be evaluated in terms of the property devaluation that would occur if the District maintenance activities were suspended or terminated. The resultant r eduction 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, 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 from the improvements is approximately the same. Therefore, one (1) SFR parcel shall be equal to one (1) ERU. Because the majority of parcels in the District are SFRs, it is also reasonable to measure the relative benefits received by other residential land use in terms of that received by an SFR parcel.
695
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
14 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. The building square footage of an MFR unit (e.g., apartment, duplex, tri -plex, mobile home, etc.) is significantly less than the building square footage of a n SFR. Therefore, it is reasonable to assume MFR units have less occupants per unit on average as compared to an SFR and therefore have less of an impact to District improvements.
The District includes one MFR parcel comprised of deed-restricted affordable housing units. The deed- restricted affordable housing site consist s 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 an SFR unit will be 2,300 square feet and one MFR unit to be 900 square feet. Based upon density studies for neighboring communities, it is reasonable to assume that an SFR and MFR will have 3 and 2 persons per unit, respectively. Studies have shown that a vacant lot will require 25% the maintenance effort as compared to an improved (occupied) lot. The remaining 75% of the benefit may be said to be related to parcel use. Therefore, Equivalent Residential Units (ERU) for the affordable housing MFR units is 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. Therefore, t hese deed- restricted affordable housing units are assessed at 50% of the assessment for typical 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 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
696
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
15 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 maintenance for build-out conditions. Accordingly, the estimated benefit received by an unimproved parcel of land with 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.
4. Public Properties
City parks benefit from the neighborhood services provided by the District 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 an SFR in Contra Costa County . 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 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.
697
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART D
16 CALCULATION OF ASSESSMENTS
The costs shown in Table 1 of Part B (Estimate of Cost) have been distributed amongst the various parcels of land within the District in accordance with the assessment methodology described above to determine the FY 2024-25 maximum assessments.
The table below provides a summary of the current maximum assessments and the FY 2024-25 and FY 2025-26 maximum assessments by land use classification.
CPI INCREASES TO MAXIMUM ASSESSMENTS
The maximum annual assessments will be increased annually by the change in the San Francisco Bay Region All Urban Consumers, Consumer Price Index (CPI) c ommencing with FY 2026-27.
MAXIMUM ASSESSMENT
For any given fiscal year, the amount of the assessment will not exceed the maximum amounts established in this Report, including the CPI increase s described above commencing FY 2026-27, unless proceedings are conducted and affirmed in accordance with Article XIIID, Section 4 of the California Constitution.
DURATION OF ASSESSMENTS
Assessments will be levied in perpetuity unless otherwise determined by City Council.
District
Land Use
Classification
FY 2024-25
Current Maximum
Assessment
FY 2024-25
Proposed Maximum
Assessment
FY 2025-26
Proposed Maximum
Assessment
Single-Family Residence $617.03 $767.03 $917. 03
Vacant Single-Family $154.26 $191.76 $229.26
Multi-Family Residential $370.22 $460.22 $550.22
Deed-Restricted Affordable Housing Unit $185.11 $230.11 $275.11 698
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 PART E
17 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 2024-25 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 2024-25 is $647,121.48.
699
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 APPENDIX A
A-1
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
701
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 APPENDIX B
B-1
APPENDIX “B”
PUBLIC PROPERTY ASSESSMENTS
702
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 2024-25
404030045 VICTORIA CRESCENTCity/Open Space 0 11.402 0.589 $451.78 404520035 VICTORIA CRESCENTCity/Park 0 2.500 12.493 $9,582.50 Total: 0 13.902 13.082 $10,034.28
B- 2
703
VICTORIA BY THE BAY LANDSCAPING AND LIGHTING FY 2024-25 ASSESSMENT DISTRICT No. 2002-1 APPENDIX C
C-1
APPENDIX “C”
ASSESSMENT ROLL
704
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404030045 $451.78
404030050 $30,374.38
404500001 $767.02
404500002 $767.02
404500003 $767.02
404500004 $767.02
404500005 $767.02
404500006 $767.02
404500007 $767.02
404500008 $767.02
404500009 $767.02
404500010 $767.02
404500011 $767.02
404500012 $767.02
404500013 $767.02
404500014 $767.02
404500015 $767.02
404500016 $767.02
404500017 $767.02
404500018 $767.02
404500019 $767.02
404500020 $767.02
404500021 $767.02
404500022 $767.02
404500023 $767.02
404500024 $767.02
404500025 $767.02
404500026 $767.02
404500027 $767.02
404500028 $767.02
404500029 $767.02
404500030 $767.02
404500031 $767.02
404500032 $767.02
404500033 $767.02
404500034 $767.02
404500035 $767.02
404500036 $767.02
404500037 $767.02
404500038 $767.02
404500039 $767.02
404500040 $767.02
404500041 $767.02
404500042 $767.02
404500043 $767.02
404500044 $767.02
404500045 $767.02
404500046 $767.02
404500047 $767.02
404500048 $767.02
404500049 $767.02
404500050 $767.02
404500051 $767.02
404500052 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404500053 $767.02
404500054 $767.02
404500055 $767.02
404500056 $767.02
404500057 $767.02
404500058 $767.02
404500059 $767.02
404500060 $767.02
404500061 $767.02
404510001 $767.02
404510002 $767.02
404510003 $767.02
404510004 $767.02
404510005 $767.02
404510006 $767.02
404510007 $767.02
404510008 $767.02
404510009 $767.02
404510010 $767.02
404510011 $767.02
404510012 $767.02
404510013 $767.02
404510014 $767.02
404510015 $767.02
404510016 $767.02
404510017 $767.02
404510018 $767.02
404510019 $767.02
404510020 $767.02
404510021 $767.02
404510022 $767.02
404510023 $767.02
404510024 $767.02
404510025 $767.02
404510026 $767.02
404510027 $767.02
404510028 $767.02
404510029 $767.02
404510030 $767.02
404510031 $767.02
404510032 $767.02
404510033 $767.02
404510034 $767.02
404510035 $767.02
404510036 $767.02
404510037 $767.02
404510038 $767.02
404510039 $767.02
404510040 $767.02
404510041 $767.02
404510042 $767.02
404510043 $767.02
404510044 $767.02
404510045 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404510046 $767.02
404510047 $767.02
404510048 $767.02
404510049 $767.02
404510050 $767.02
404510051 $767.02
404510052 $767.02
404510053 $767.02
404510054 $767.02
404510055 $767.02
404510056 $767.02
404520001 $767.02
404520002 $767.02
404520003 $767.02
404520004 $767.02
404520005 $767.02
404520006 $767.02
404520007 $767.02
404520008 $767.02
404520009 $767.02
404520010 $767.02
404520011 $767.02
404520012 $767.02
404520013 $767.02
404520014 $767.02
404520015 $767.02
404520016 $767.02
404520017 $767.02
404520018 $767.02
404520019 $767.02
404520020 $767.02
404520021 $767.02
404520022 $767.02
404520023 $767.02
404520024 $767.02
404520025 $767.02
404520026 $767.02
404520027 $767.02
404520028 $767.02
404520029 $767.02
404520030 $767.02
404520031 $767.02
404520032 $767.02
404520033 $767.02
404520034 $767.02
404520035 $9,582.50
404530001 $767.02
404530002 $767.02
404530003 $767.02
404530004 $767.02
404530005 $767.02
404530006 $767.02
404530007 $767.02
404530008 $767.02
04/15/24
C-2
705
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404530009 $767.02
404530010 $767.02
404530011 $767.02
404530012 $767.02
404530013 $767.02
404530014 $767.02
404530015 $767.02
404530016 $767.02
404530017 $767.02
404530018 $767.02
404530019 $767.02
404530020 $767.02
404530021 $767.02
404530022 $767.02
404530023 $767.02
404530024 $767.02
404530025 $767.02
404530026 $767.02
404530027 $767.02
404530028 $767.02
404530029 $767.02
404530030 $767.02
404530031 $767.02
404530032 $767.02
404530033 $767.02
404530034 $767.02
404530035 $767.02
404530036 $767.02
404540001 $767.02
404540002 $767.02
404540003 $767.02
404540004 $767.02
404540005 $767.02
404540006 $767.02
404540007 $767.02
404540008 $767.02
404540009 $767.02
404540010 $767.02
404540011 $767.02
404540012 $767.02
404540013 $767.02
404540014 $767.02
404540015 $767.02
404540016 $767.02
404540017 $767.02
404540018 $767.02
404540019 $767.02
404540020 $767.02
404540021 $767.02
404540022 $767.02
404540023 $767.02
404540024 $767.02
404540025 $767.02
404540026 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404540027 $767.02
404540028 $767.02
404540029 $767.02
404540030 $767.02
404540031 $767.02
404540032 $767.02
404540033 $767.02
404540034 $767.02
404540035 $767.02
404540036 $767.02
404540037 $767.02
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404550004 $767.02
404550005 $767.02
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404550007 $767.02
404550008 $767.02
404550009 $767.02
404550010 $767.02
404550011 $767.02
404550012 $767.02
404550013 $767.02
404550014 $767.02
404550015 $767.02
404560001 $767.02
404560002 $767.02
404560003 $767.02
404560004 $767.02
404560005 $767.02
404560006 $767.02
404560007 $767.02
404560008 $767.02
404560009 $767.02
404560010 $767.02
404560011 $767.02
404560012 $767.02
404560013 $767.02
404560014 $767.02
404560015 $767.02
404560016 $767.02
404560017 $767.02
404560018 $767.02
404560019 $767.02
404560020 $767.02
404560021 $767.02
404560022 $767.02
404560023 $767.02
404560024 $767.02
404560025 $767.02
404560026 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404560027 $767.02
404560028 $767.02
404560029 $767.02
404560030 $767.02
404560031 $767.02
404560032 $767.02
404560033 $767.02
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404570002 $767.02
404570003 $767.02
404570004 $767.02
404570005 $767.02
404570006 $767.02
404570007 $767.02
404570008 $767.02
404570009 $767.02
404570010 $767.02
404570011 $767.02
404570012 $767.02
404570013 $767.02
404570014 $767.02
404570015 $767.02
404570016 $767.02
404570017 $767.02
404570018 $767.02
404570019 $767.02
404570020 $767.02
404570021 $767.02
404570022 $767.02
404570023 $767.02
404570024 $767.02
404570025 $767.02
404570026 $767.02
404570027 $767.02
404570028 $767.02
404570029 $767.02
404570030 $767.02
404570031 $767.02
404570032 $767.02
404570033 $767.02
404570034 $767.02
404570035 $767.02
04/15/24
C-3
706
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404570036 $767.02
404570037 $767.02
404570038 $767.02
404570039 $767.02
404570040 $767.02
404570041 $767.02
404570042 $767.02
404570043 $767.02
404570044 $767.02
404570045 $767.02
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404570049 $767.02
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404570054 $767.02
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404570056 $767.02
404570057 $767.02
404580001 $767.02
404580002 $767.02
404580003 $767.02
404580004 $767.02
404580005 $767.02
404580006 $767.02
404580007 $767.02
404580008 $767.02
404580009 $767.02
404580010 $767.02
404580011 $767.02
404580012 $767.02
404580013 $767.02
404580014 $767.02
404580015 $767.02
404580016 $767.02
404580017 $767.02
404580018 $767.02
404580019 $767.02
404580020 $767.02
404580021 $767.02
404580022 $767.02
404580023 $767.02
404580024 $767.02
404580025 $767.02
404580026 $767.02
404580027 $767.02
404580028 $767.02
404580029 $767.02
404580030 $767.02
404580031 $767.02
404580032 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404580033 $767.02
404580034 $767.02
404580035 $767.02
404580036 $767.02
404580037 $767.02
404580038 $767.02
404580039 $767.02
404580040 $767.02
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404580045 $767.02
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404580049 $767.02
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404580052 $767.02
404580053 $767.02
404580054 $767.02
404580055 $767.02
404580056 $767.02
404580057 $767.02
404580058 $767.02
404580059 $767.02
404580060 $767.02
404580061 $767.02
404580062 $767.02
404580063 $767.02
404580064 $767.02
404580065 $767.02
404580066 $767.02
404580067 $767.02
404580068 $767.02
404580069 $767.02
404580070 $767.02
404580071 $767.02
404580072 $767.02
404580073 $767.02
404580074 $767.02
404580075 $767.02
404580076 $767.02
404580077 $767.02
404580078 $767.02
404580079 $767.02
404580080 $767.02
404580081 $767.02
404590001 $767.02
404590002 $767.02
404590003 $767.02
404590004 $767.02
404590005 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404590006 $767.02
404590007 $767.02
404590008 $767.02
404590009 $767.02
404590010 $767.02
404590011 $767.02
404590012 $767.02
404590013 $767.02
404590014 $767.02
404590015 $767.02
404590016 $767.02
404590017 $767.02
404590018 $767.02
404590019 $767.02
404590020 $767.02
404590021 $767.02
404590022 $767.02
404590023 $767.02
404590024 $767.02
404590025 $767.02
404590026 $767.02
404590027 $767.02
404590028 $767.02
404590029 $767.02
404590030 $767.02
404590031 $767.02
404590032 $767.02
404590033 $767.02
404590034 $767.02
404590035 $767.02
404590036 $767.02
404590037 $767.02
404590038 $767.02
404590039 $767.02
404590040 $767.02
404590041 $767.02
404590042 $767.02
404590043 $767.02
404590044 $767.02
404590045 $767.02
404590046 $767.02
404590047 $767.02
404590048 $767.02
404590049 $767.02
404590050 $767.02
404590051 $767.02
404590052 $767.02
404590053 $767.02
404590054 $767.02
404590055 $767.02
404590056 $767.02
404590057 $767.02
404590058 $767.02
404590059 $767.02
04/15/24
C-4
707
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404590060 $767.02
404590061 $767.02
404590062 $767.02
404590063 $767.02
404590064 $767.02
404590065 $767.02
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404590067 $767.02
404590068 $767.02
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404590072 $767.02
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404590076 $767.02
404590077 $767.02
404590078 $767.02
404590079 $767.02
404590080 $767.02
404590081 $767.02
404590082 $767.02
404590083 $767.02
404590084 $767.02
404590085 $767.02
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404590087 $767.02
404590088 $767.02
404590089 $767.02
404590090 $767.02
404590091 $767.02
404590092 $767.02
404590093 $767.02
404590094 $767.02
404590095 $767.02
404590096 $767.02
404590097 $767.02
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404590099 $767.02
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404590101 $767.02
404590102 $767.02
404590103 $767.02
404590104 $767.02
404590105 $767.02
404590106 $767.02
404590107 $767.02
404590108 $767.02
404590109 $767.02
404590110 $767.02
404590111 $767.02
404590112 $767.02
404590113 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404590114 $767.02
404590115 $767.02
404590116 $767.02
404590117 $767.02
404600001 $767.02
404600002 $767.02
404600003 $767.02
404600004 $767.02
404600005 $767.02
404600006 $767.02
404600007 $767.02
404600008 $767.02
404600009 $767.02
404600010 $767.02
404600011 $767.02
404600012 $767.02
404600013 $767.02
404600014 $767.02
404600015 $767.02
404600016 $767.02
404600017 $767.02
404600018 $767.02
404600019 $767.02
404600020 $767.02
404600021 $767.02
404600022 $767.02
404600023 $767.02
404600024 $767.02
404600025 $767.02
404600026 $767.02
404600027 $767.02
404600028 $767.02
404600029 $767.02
404600030 $767.02
404600031 $767.02
404600032 $767.02
404600033 $767.02
404610001 $767.02
404610002 $767.02
404610003 $767.02
404610004 $767.02
404610005 $767.02
404610006 $767.02
404610007 $767.02
404610008 $767.02
404610009 $767.02
404610010 $767.02
404610011 $767.02
404610012 $767.02
404610013 $767.02
404610014 $767.02
404610015 $767.02
404610016 $767.02
404610017 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404610018 $767.02
404610019 $767.02
404610020 $767.02
404610021 $767.02
404610022 $767.02
404610023 $767.02
404610024 $767.02
404610025 $767.02
404610026 $767.02
404610027 $767.02
404610028 $767.02
404610029 $767.02
404610030 $767.02
404610031 $767.02
404610032 $767.02
404610033 $767.02
404610034 $767.02
404610035 $767.02
404610036 $767.02
404610037 $767.02
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404610040 $767.02
404610041 $767.02
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404620002 $767.02
404620003 $767.02
404620004 $767.02
404620005 $767.02
404620006 $767.02
404620007 $767.02
404620008 $767.02
404620009 $767.02
404620010 $767.02
404620011 $767.02
404620012 $767.02
404620013 $767.02
404620014 $767.02
404620015 $767.02
404620016 $767.02
404620017 $767.02
404620018 $767.02
404620019 $767.02
404620020 $767.02
404620021 $767.02
404620022 $767.02
404620023 $767.02
404620024 $767.02
404620025 $767.02
404620026 $767.02
404620027 $767.02
404620028 $767.02
404620029 $767.02
404620030 $767.02
04/15/24
C-5
708
CITY OF HERCULES
VICTORIA BY THE BAY
LANDSCAPING AND LIGHTING DISTRICT NO. 2002-1
ASSESSMENT ROLL
FISCAL YEAR 2024-25
Assessor's
Parcel
Number
Neighborhood
Amount
404620031 $767.02
404620032 $767.02
404620033 $767.02
404620034 $767.02
404620035 $767.02
404620036 $767.02
404620037 $767.02
404620038 $767.02
404620039 $767.02
404620040 $767.02
404620041 $767.02
404620042 $767.02
404620043 $767.02
404620044 $767.02
404620045 $767.02
404620046 $767.02
404620047 $767.02
404620048 $767.02
404620049 $767.02
404620050 $767.02
404620051 $767.02
404620052 $767.02
404620053 $767.02
404620054 $767.02
404620055 $767.02
404620056 $767.02
404620057 $767.02
404620058 $767.02
404620059 $767.02
404640001 $767.02
404640002 $767.02
404640003 $767.02
404640004 $767.02
404640005 $767.02
404640006 $767.02
404640007 $767.02
404640008 $767.02
404640009 $767.02
404640010 $767.02
404640011 $767.02
404640012 $767.02
404640013 $767.02
404640014 $767.02
404640015 $767.02
404640016 $767.02
404640017 $767.02
404640018 $767.02
404640019 $767.02
404640020 $767.02
404640021 $767.02
404680001 $767.02
404680002 $767.02
404680003 $767.02
404680004 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404680005 $767.02
404680006 $767.02
404680007 $767.02
404680008 $767.02
404680009 $767.02
404680010 $767.02
404680011 $767.02
404680012 $767.02
404680013 $767.02
404680014 $767.02
404680015 $767.02
404680016 $767.02
404680017 $767.02
404680018 $767.02
404680019 $767.02
404680020 $767.02
404680021 $767.02
404680022 $767.02
404680023 $767.02
404680024 $767.02
404680025 $767.02
404680026 $767.02
404680027 $767.02
404680028 $767.02
404680029 $767.02
404680030 $767.02
404680031 $767.02
404680032 $767.02
404680033 $767.02
404680034 $767.02
404680035 $767.02
404680036 $767.02
404680037 $767.02
404680038 $767.02
404680039 $767.02
404680040 $767.02
404680041 $767.02
404680042 $767.02
404680043 $767.02
404680044 $767.02
404680045 $767.02
404680046 $767.02
404680047 $767.02
404680048 $767.02
404680049 $767.02
404680050 $767.02
404680051 $767.02
404680052 $767.02
404680053 $767.02
404740001 $767.02
404740002 $767.02
404740003 $767.02
404740004 $767.02
404740005 $767.02
Assessor's
Parcel
Number
Neighborhood
Amount
404740006 $767.02
404740007 $767.02
404740008 $767.02
404740009 $767.02
404740010 $767.02
404740011 $767.02
404740012 $767.02
404740013 $767.02
404740014 $767.02
404740015 $767.02
404740016 $767.02
404740017 $767.02
404740018 $767.02
404740019 $767.02
404740020 $767.02
404740021 $767.02
404740022 $767.02
404740023 $767.02
404740024 $767.02
404740025 $767.02
404740026 $767.02
404740027 $767.02
404740028 $767.02
404740029 $767.02
404740030 $767.02
404740031 $767.02
404740032 $767.02
404740033 $767.02
404740034 $767.02
404740035 $767.02
404740036 $767.02
404740037 $767.02
404740038 $767.02
404740039 $767.02
404740040 $767.02
404740041 $767.02
404740042 $767.02
404740043 $767.02
$647,121.48
04/15/24C-6
709
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 28, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Timothy Rood, Community Development Director SUBJECT: Loan Administration Plan Policies and Procedures Manual RECOMMENDED ACTION:
Approve a resolution adopting the City of Hercules Loan Administration Plan Policies and Procedures Manual
BACKGROUND:
In 2011, the California State Legislature adopted Assembly Bill x1 26 , which dissolved redevelopment agencies statewide. At that time, the City of Hercules (“City”) chose not to become the Housing Successor to the former Hercules Redevelopment Agency (“Former Redevelopment Agency”). The Contra Costa County Housing Authority (“County Housing Authority”) became the Housing Successor by operation of law; however, they declined the transfer of housing assets. Consequently, between 2011 and 2024, no party was actively administering the Former Redevelopment Agency’s seve n loan programs. With the lack of program oversight, borrowers did not receive regular monthly loan statements and delinquencies were not pursued by the City nor the County Housing Authority.
To remedy this situation, the City elected to become the Housing Successor in February 2024 and subsequently reinitiated loan program administration. Loans that are uncollectible due to foreclosure, bankruptcy or business closure are being written off as directed by the City Council.
710
The Former Redevelopment Agency originated seven loan programs that were provided to borrowers in need of financial assistance:
1. First-Time Home Buyer Program
2. Citywide Employee Incentive Homeownership Program
3. Homeownership Retention and Loss Mitigation Program
4. Inclusionary Housing Homeownership Program
5. Home Emergency Repair Program
6. Revitalization and Beautification Program
7. Business Development Loan Program (Commercial)
The loans, now assumed by the City, have specific requirements by the loan program that articulate such terms as loan restructuring, extended terms, subordination of loan to new debt, collateral substitution, and/or loan pay-off.
Adopting written policies and procedures will ensure consistency and fairness as City staff begins administering and monitoring the approximately 41 collectible outstanding loans issued by the former Redevelopment Agency, which have a collectible loan balance of $3,724,430 as of June 30, 2024. The City’s responsibilities are described below.
ANALYSIS:
The City’s consultant RSG has prepared a Loan Administration Plan (“Plan” – Attachment 2) to assist the City with the administration of the former Redevelopment Agency’s homeowner and business loans during t heir lifecycle. Additionally, th e Plan addresses how the City will handle matters involving delinquencies that occurred between 2011 and 2024 under prior City program administration and how the City will coordinate with impacted third parties.
The Plan includes descriptions of the loan programs and their terms, as well as policies and procedures for delinquent loan modification, refinance, assignment and assumption, and loan consolidation. The Plan lays out the application process, documentation , and eligibility criteria for homeowner loan modification, as well as underwriting requirements, loan servicing processes , and notices of default and foreclosure. For the business development loans, the Plan includes policies and procedures for loan accel eration, transfers, collateral substitution, and compliance monitoring.
The Plan provides that, in addition to processing hardship requests and other modifications, payoffs, transfers and assignments, the City will also monitor occupancy, prepare a track ing database, send out notification letters outlining the documentation required for the annual monitoring process, mail annual notices, collect all documents, and send out confirmation letters to the homeowners to close the monitoring.
711
FISCAL IMPACT:
There is no direct impact from adoption of the Plan, but loan administration will increase staff workloads and may require continued consultant assistance, which will be reflected in future annual budgets. Adoption of the Plan will help to ensure timely co llection payments to minimize the City’s risk from loans going into default.
ATTACHMENTS:
Attach 1- Resolution
Attach 2- Loan Administration Plan Policies and Procedures Manual
712
HERCULES CITY COUNCIL
RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES ADOPTING
THE CITY OF HERCULES LOAN ADMINISTRATION PLAN POLICIES AND
PROCEDURES MANUAL
WHEREAS, In 2011, the California State Legislature adopted Assembl y Bill x1 26, which dissolved redevelopment agencies statewide. At that time, the City of Hercules (“City”) chose not to become the Housing Successor to the former Hercules Redevelopment Agency (“Former Redevelopment Agency”); and
WHEREAS, The Contra Cos ta County Housing Authority (“County Housing Authority”) became the Housing Successor by operation of law; however, they declined the transfer of housing assets; and
WHEREAS, between 2011 and 2024, no party was actively administering the Former Redevelop ment Agency’s seven loan programs. With the lack of program oversight, borrowers did not receive regular monthly loan statements and delinquencies were not pursued by the City nor the County Housing Authority; and
WHEREAS, to remedy this situation, the C ity elected to become the Housing Successor in February 2024 and subsequently reinitiated loan program administration ; and
WHEREAS, the Former Redevelopment Agency originated seven loan programs that were provided to borrowers in need of financial assistance; and
WHEREAS, the loans, now assumed by the City, have specific requirements by the loan program that articulate such terms as loan restructuring, extended terms, subordination of loan to new debt, collateral substitution, and/or loan pay -off; and
WHEREAS, City staff will administer and monitor the approximately 41 collectible outstanding loans issued by the former Redevelopment Agency, which have a collectible loan balance of $3,724,430 as of June 30, 2024 (“Loans”); and
WHEREAS, administrative guidance is necessary for the successful implementation of this new program; and
WHEREAS, the City has prepared a Loan Administration Plan (“Plan” – Exhibit 1) to assist the City with the administration of the former Redevelopment Agency’s homeowner and business loans during their lifecycle. Additionally, the Plan addresses how the City will handle matters involving delinquencies that occurred between 2011 and 2024 under prior City program administration and how the City will coordinate with impacted third parties; and
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WHEREAS, the Plan provides that, in addition to processing hardship requests and other modifications, payoffs, transfers and assignments, the City will also monitor occupancy, prepare a tracking database, send out notification letters outl ining the documentation required for the annual monitoring process, mail annual notices, collect all documents, and send out confirmation letters to the homeowners to close the monitoring; and
WHEREAS, adoption of the Plan is not a project under the Cali fornia Environmental Q uality Act ( “CEQA”) Guidelines section 15378 because it is an organizational or administrative activity that will not result in direct or indirect changes to the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of th e City of Hercules as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby adopts the City of Hercules Loan Administration Plan Policies and Procedures Manual for staff’s use in administering the Loans.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28th day of January, 2025 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
Exhibit 1 – City of Hercules Loan Administration Program Policies and Procedures Manual
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Prepared by:
Loan Administration Plan
Policies and Procedures Manual
City of Hercules
Finance Department
111 Civic Drive
Hercules, California 94547-1771
Phone: 510-799-8200
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2 TABLE OF CONTENTS
1 INTRODUCTION ................................ ................................ ................................ ..................... 1 OVERVIEW ................................ ................................ ................................ ............................ 1 NATURE OF THE LOAN PROGRAMS ................................ ................................ .................. 1 2 KEY TERMS & DEFINITIONS ................................ ................................ ................................ . 2 3 EXISTING LOANS ................................ ................................ ................................ ................... 4 LOAN PROGRAMS ................................ ................................ ................................ ................ 4 LOAN ACCELERATION TERMS ................................ ................................ ............................ 1 HOUSING LOANS ............................................................................................................................. 1 EMPLOYMENT REQUIREMENT .................................................................................................... 1 EQUITY SHARE PROVISION .......................................................................................................... 1 ELIGIBLE BUYER .............................................................................................................................. 2 ELIGIBLE TRANSFER ...................................................................................................................... 3 4 DELINQUENT LOAN MODIFICATION ................................ ................................ ..................... 1 SPECIAL TREATMENT FOR DELINQUENCIES BETWEEN 2011 AND 2024 ....................... 1 LONG-TERM FINANCIAL HARDSHIP ................................ ................................ ................... 1 SHORT-TERM FINANCIAL HARDSHIP ................................ ................................ ................. 2 5 REFINANCE, ASSIGNMENT AND ASSUMPTION, AND LOAN CONSOLIDATION ................ 3 REFINANCE ................................ ................................ ................................ ........................... 3 ASSIGNMENT AND ASSUMPTION ................................ ................................ ....................... 3 LOAN CONSOLIDATION OF MULTIPLE LOANS TO ONE BORROWER.............................. 3 6 APPLICATION PROCESS – LOAN MODIFICATION ................................ ............................... 5 ELIGIBILITY CRITERIA ................................ ................................ ................................ .......... 5 LOAN APPLICATION PROCESS ................................ ................................ ........................... 5 INCOME DOCUMENTATION CHECKLIST ................................ ................................ ............ 6 7 UNDERWRITING REQUIREMENTS ................................ ................................ ....................... 7 8 LOAN SERVICING................................ ................................ ................................ ................... 8 9 HOMEOWNERSHIP COMPLIANCE ................................ ................................ ........................ 9 716
3 10 NOTICE OF DEFAULT AND FORECLOSURE ................................ ................................ .... 10 NOTICE OF DEFAULT ................................ ................................ ................................ ..........10 LENDER NOTICE OF DEFAULT .................................................................................................. 10 FORECLOSURE ................................ ................................ ................................ ...................11 11 BUSINESS DEVELOPMENT LOAN PROGRAM ................................ ................................ . 13 LOAN ACCELERATION ................................ ................................ ................................ ........13 ELIGIBLE TRANSFERS ................................ ................................ ................................ ........13 COLLATERAL SUBSTITUTION ................................ ................................ ............................13 COMPLIANCE MONITORING ................................ ................................ ............................... 14 OTHER PROVISIONS ................................ ................................ ................................ ...........14 717
1 1 INTRODUCTION
OVERVIEW
In 2011, the California State Legislature adopted Assembly Bill x1 26 which dissolved redevelopment agencies statewide. At that time, the City of Hercules (“City”) chose not to become the Housing Successor to the former Hercules Redevelopment Agency (“Former Redevelopment Agency”). The Contra Costa County Housing Authority (“County Housing Authority”) became the Housing Successor by operation of law; however, they declined the transfer of housing assets.
Consequently, between 2011 and 2024 , no party was actively administering the seven Former Redevelopment Agency’s loan programs. With the lack of program oversight, borrowers did not receive regular monthly loan statements and delinquencies were not pursued by the City nor the County Housing Authority. T o remedy this situation, t he City elected to become the Housing Successor in February 2024 and subsequently reinitiated loan program administration.
The Former Redevelopment Agency originated various loan programs that were provided to borrowers in need of financial assistance. The loans, now assumed by the City, have specific requirements by the loan program that articulate such terms as loan restructuring, extended terms, subordination of loan to new debt, collateral substitution, and/or loan pay-off.
The purpose of this Loan Administration Plan (“Plan”) is to assist the City with the administration of these housing loans during the loans’ lifecycle. Additionally, this Plan addresses how the City will handle matters involving delinquencies that occurred between 2011 and 2024 , prior City program administration, and how the City will coordinate with impacted third parties.
NATURE OF THE LOAN PROGRAMS
This Plan considers best practices for administering and managing public agency loan programs.
Loan program administration involves gathering specific information to assess the loan terms and the financial feasibility for the specific scenario of each loan borrower. These procedures apply to the following Former Redevelopment Agency loan programs:
1. First-Time Home Buyer Program
2. Citywide Employee Incentive Homeownership Program
3. Homeownership Retention and Loss Mitigation Program
4. Inclusionary Housing Homeownership Program
5. Home Emergency Repair Program
6. Revitalization and Beautification Program
7. Business Development Loan Program (Commercial)
Six of the loan programs are housing loan programs and the seventh is the Business Development Loan Program. Sections 3 through 11 of this Plan apply to the housing loan programs. Section 12 applies to the Business Development Loan Program. Section 2 describes the key terms and definitions used in this Plan.
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2 2 KEY TERMS & DEFINITIONS
Agency - shall mean the Redevelopment Agency of the City of Hercules.
AMI – shall mean the Area Median Income as established annually by the Department of Housing and Community Development.
BEGIN – shall mean the Building Equity and Growth in Neighborhoods (BEGIN) Program administered by HCD
Borrower – shall mean the persons on the City the loan that borrowed funding.
City – shall mean the City of Hercules a local government of a city.
City Loan Agreements – shall mean the agreement executed between the former Agency and the borrower/participants that secured any type of funding from the Agency.
City Loan Programs – shall mean existing loan programs in Section 3.
County Housing Authority – shall mean the Contra Costa County Housing Authority
Deed of Trust - shall mean the deed of trust securing the Note and the City’s a greement and recorded in a second lien position against the Residence, subordinate only to the First Lender's Deed of Trust.
Eligible Buyer – shall mean person s interested in purchasing real property and subject to restrictions from the City’s agreements.
Eligible Persons – shall mean persons meeting the criteria for any type of loan modification.
Eligible Purchaser – shall mean a purchaser meeting the requirements of the City’s Loan agreement.
Eligible Transfer - shall mean a transfer of the Residence meeting the requirements City’s Loan agreement.
Equity Sharing Amount – shall mean the description in Section 3.
Fair Market Value – shall mean the value of the Residence as determined by an appraisal.
First Lender – shall mean the holder of the note evidencing the First Lender's Loan.
First Lender's Loan - shall mean the First Lender's loan arranged by the Originator to the Owner for the purchase of the Residence.
Former Redevelopment Agency – shall mean the former Hercules Redevelopment Agency
Hardship – shall mean the Borrower may be experiencing financial difficulties due t o loss of income, medical emergencies, divorce or separation, natural disasters, and death of a household member with a primary income earner.
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3 HCD – shall mean the State of California Department of Housing and Community Development.
Homeowner - shall mean the owner named in the initial clauses of the City’s Agreement.
Housing Successor – shall mean the City of Hercules as the Housing Successor to the Hercules Redevelopment Agency
HUD - shall mean the United States Department of Housing and Urban Development.
Note – shall mean the promissory note and loan agreement executed by the homeowner in favor of the Agency, evidencing the deferred second mortgage in connection with the homeowner’s purchase of the Residence and dated.
Participant – shall mean the persons identified in the City’s Loan Agreement.
Purchase Price – shall mean the maximum sales price that the Homeowner may receive for any transfer of the Residence.
Residence – shall mean the location of the homeowner ’s certain real property identified in the City’s agreements.
Transfer – shall mean the description in Section 3 below.
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4 3 EXISTING LOANS
LOAN PROGRAMS
The City is responsible for servicing Former Redevelopment Agency loans. It is essential to ensure timely collection payments to minimize the City’s risk from loans going into default .
Currently, there are six City housing loan programs and one commercial loan program. Note there is an additional BEGIN housing loan program that is a State program and not subject to this Plan.
Table 1 summarizes the loan programs.
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1 Table 1: Loan Program Summary
Program
Highest
Principal
Loan
Term Interest Rate Security
# of
Collectible
Loans
Collectible
Loan
Balance
(6/30/24)
Program
Period
First-Time
Homebuyer
Program
$75,000 30
Years
3% simple interest; deferred
initial 10 years
Principal
Residence
15 $772,965 2004 -
2010
Citywide
Employee
Incentive
Homeownership
Program
$35,000 30
Years
0% interest; deferred initial
10 years
Principal
Residence
3 $89,600 2004 -
2010
Homeownership
Retention and
Loss Mitigation
Program
$456,460 30-45
Years
3-5% simple interest; no
deferral period
Principal
Residence
5 $1,848,001 2007 -
2010
Inclusionary
Housing
Homeownership
Program
$135,000 40
Years
3% simple interest; deferred
initial 20 years
Principal
Residence
5 $675,000 2005 -
2009
Home
Emergency
Repair Program
$10,000 10
Years
3% simple interest; no
deferral period
Principal
Residence
0 $0 2001 -
2006
Revitalization
and
Beautification
Program
$35,000 30
Years
3% simple interest; deferred
initial 10 years
Principal
Residence
7 $146,493 2006 -
2010
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2 Program
Highest
Principal
Loan
Term Interest Rate Security
# of
Collectible
Loans
Collectible
Loan
Balance
(6/30/24)
Program
Period
Business
Development
Loan Program
(Commercial)
$302,985 10-20
Years
2-5% simple interest; no
deferral period
Residential
Property or
Business
Equipment
5 $392,333 2007 -
2010
TOTAL
Housing
Business
All Loans
35 5
40 $3,532,059
$392,333
$3,924,392
Note: Excludes BEGIN Homeownership Program administered by HCD and uncollectible loans written off by City Council in July 2024
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1 LOAN ACCELERATION TERMS
Housing Loans
The intent of the six housing loan programs was to facilitate homeownership and property maintenance for low to moderate income borrowers. All housing loans have terms and conditions that must be adhered to during the term of the loan. All housing loan programs have the following terms and conditions that must be complied with, or the loan will become due and payable:
1. Sale or transfer of the Property, including, without limitation, lease, exchange or other disposition of Property or any interest therein, whether voluntary or involuntary, except a sale or transfer under federal law, would not, by itself, permit the exercise of a due on sale or due on encumbrance clause;
2. Participant refinances the loan or lien or encumbrance to which the Deed of Trust i s subordinate for a loan amount in excess of the then-current loan balance secured by such loan, lien or encumbrance;
3. Participant fails to occupy the Property as Participants principal residence or is in default of any other obligation under this Agreement.
Employment Requirement
One of the housing loan programs, the Citywide Employee Incentive Homeownership Program, included employment provisions in which a change of employment status could trigger the acceleration of the loan. The loan will be due and payable if one of the following occurs:
1. Participant ceases to be employed with one of the selected job categories.
2. Participant ceases to provide employment services within the corporate boundaries for the benefit of the citizens of the City that Hercules.
Equity Share Provision
Four of the housing loan programs include an equity share provisions upon acceleration. These four programs that include an equity share requirement include:
First-Time Homebuyer
Citywide Employee Incentive Homeownership Program
Homeownership Retention and Loss Mitigation Program
Inclusionary Housing Homeownership Program
The equity share provisions are invoked upon sale, transfer or refinancing of the property or other event of acceleration requiring the Note Amount and all other payments prior to the thirtieth (30th) anniversary date of the respective agreement.
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2 The Equity Sharing Amount means an amount equal to a percentage share of the appreciation in the value of the property, determined by multiplying a percentage factor, the Applicable Factor, by the difference between the Sales Price and the Purchase Price. The Applicable Factor shall be calculated by dividing the Note Amount by the Purchase Price . For example, if the Note Amount equals $20,000 and the Purchase Price equals $100,000 the Applicable Factor equals 20%. The Equity Sharing Amount would then be equal to 20% times the Sales Price minus $100,000.
The Equity Share Amount varies by loan, and it is important to review the respective documents to ensure proper calculation. There are also additional provisions within the respective loan program documents that should be reviewed.
Two of the housing loan programs (Home Emergency Repair Program and the Revitalization and Beautification Loan Program) do not have provisions for e quity sharing. This implies borrowers may retain all net sales proceeds after paying off outstanding loans on their property.
Eligible Buyer
Four housing loan programs ( First-Time Homebuyer, Citywide Employee Incentive, Homeownership Retention and Loss Mitigation, and the Inclusionary Housing) permit the sale of the home to an eligible buyer . T he City would need to confirm resale restrictions in each agreement. Major provisions are summarized below.
The eligible buyer must be a first -time homebuyer. A firs t-time homebuyer is defined as a homebuyer who has not had an ownership interest in residential real estate at any time during the three years preceding the date of the purchase of the property.
The eligible buyer shall certify that they will occupy the Residence as his or her principal residence during the term of the resale restriction agreement and that they will fully cooperate with the City in providing all information requested in monitoring the proposed buyer’s compliance with the resale restriction agreement.
The combined maximum income for all household members of the purchaser shall not exceed one hundred twenty percent (120%) of the median yearly income adjusted for household size, for a household in Contra Costa County as publi shed by the California Department of Housing and Community Development ("HCD"). In the event such income determinations are no longer published by HCD or are not updated for a period of at least eighteen months, the City shall provide other income determin ations, that are reasonably similar concerning method of calculation to those previously published by HCD.
If the borrower sells the property to an eligible buyer of Low to Moderate Income, as defined by Section 50093 of the California Health and Safety Code and the Monthly Housing Costs payable by the eligible buyer do not exceed and “Affordable Housing Costs” as defined by Section 50052.5 California Health and Safety Code, then the Equity Share Amount is not due and payable to the City. The eligible buyer would assume the existing note together with accrued interest. The City needs to work with the potential buyer and confirm eligibility. 725
3 The two housing loan programs that do not permit the sale to an eligible buyer (Home Emergency Repair and Revitalization and Beautification Programs) are required to repay the outstanding loan balance at time of sale.
Eligible Transfer
For those programs which allow the transfer to an Eligible Buyer, the Homeowner must provide the following to the City:
1. Transfer of the Residence must meet the requirements under Eligible Buyer.
2. Provide the name, address, and telephone number in writing of the Eligible Buyer
3. A signed financial statement of the proposed Eligible Buyer in a form acceptable to the City and any other supporting documentation requested by the City. The financial information shall be used by the City to determine the income eligibility of the Eligible Buyer.
4. The proposed sales contract and all other related documents, with all the terms of the sale of the Residence as described in the resale and restrictions agreement to the applicable loan program.
5. A written certification, from the Homeowner and the Eligible Buyer in a form acceptable to the City that the sale shall be closed by the terms of the sales contract and other documents submitted to the approved by the City. The certification shall follow the resale restrictions requirements.
6. An executed resale restriction agreement and option to purchase, deed of trust and a promissory note from the Eligible Buyer with terms acceptable to the City executed by applicable parties . The recordation of the new deed of trust and resale restriction agreement and option to purchase shall be a condition of the City’s approval of the proposed sale. The City may require the Eligible Buyer to pay a reasonable fee to the Agency and reimburse it for out -of-pocket costs to cover the costs of administering its rights and obligations under this Agreement.
Upon the close of the proposed sale, the Homeowner and/or Eligible Buyer shall provide the City with the original promissory note, certified copies of the recorded deed of trust and resale restriction agreement, a copy of the recorded assumption agreement, a copy of the final sales contract, settlement statement, escrow instruction, and any other documents which the City may reasonably request.
Other Eligible Transfers
The acceleration clause will not be invoked if the transfer of property occurs as the result of marriage, divorce, incompetence or death of one or more individuals constituting the Participant so long as the City receives notice per the timeframe called out in the respective program 726
4 documents. Additionally, the eligible Transferee must assume the Participant’s obligation under their respective a greement by executing an Assignment and Assumption Agreement to be provided by the City at the request of the Participant.
The City may waive the acceleration clause at its sole absolute discretion and defer repayment or extend the terms of the note amount. The Borrower may , upon written approval of the City, refinance the First Lien for a loan amount equal to or less than the current loan balance secured by the First Lien.
Table 2 summarizes the applicability of the acceleration provisions by program. 727
1 Table 2: Loan Acceleration Provisions
Program Sale or
Transfer
Refinance Failure to
Occupy as
Principal
Residence
Equity
Share
Upon
Accel-
eration
Employment
Requirement
Sale to
Eligible
Party at
Affordable
Housing
Costs
Eligible
Transfer
Notification
Requirement
Waiver of
Acceleration
Clause
First-Time
Homebuyer
Yes Yes Yes Yes No Yes 45 Days Yes
Citywide
Employee
Incentive
Homeownership
Program
Yes Yes Yes Yes Yes Yes 45 Days Yes
Homeownership
Retention and
Loss Mitigation
Program
Yes Yes Yes Yes No Yes 45 Days Yes
Inclusionary
Housing
Homeownership
Program
Yes Yes Yes Yes No Yes 45 Days Yes
Home
Emergency
Repair Program
Yes Yes Yes No No No 30 Days Yes
Revitalization
and
Beautification
Program
Yes Yes Yes No No No 30 Days Yes
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1 4 DELINQUENT LOAN MODIFICATION
All program participants are eligible for a loan modification if they meet certain criteria. To be eligible for a loan modification, the borrower must be an owner-occupant of the home, be at least one month behind on their mortgage payment, or be at imminent risk of falling behind. The borrower must demonstrate sufficient income to make the modifi ed payment and ensure the modification is sustainable. The borrower must provide documentation to support their financial hardship and income such as pay stubs, tax returns, bank statements, disability claims or other appropriate documentation.
Three categories of borrowers would be eligible for a loan modification due to delinquency:
Redevelopment Dissolution Related Delinquency
Long-term Financial Hardship
Short-Term Financial Hardship
SPECIAL TREATMENT FOR DELINQUENCIES BETWEEN 2011 AND 2024 The City reinitiated Former Redevelopment Agency loan program administration in 2024. During the lapse in loan servicing, from 2011 to 2024, several borrowers did not receive regular monthly loan statements or notices, and delinquencies were not pursued by either the City or the County’s Housing Authority.
If a borrower has fallen behind on payments for this reason, the City is willing to restructure the loan as long as the property is their primary residence and they have not refinanced the loan or lien or encumbrance to which the City’s Deed of Trust is subordinate for a loan amount over the then-current loan balance secured . The borrower may apply to restructure their loan . The City will:
Underwrite new terms of the loan by incorporating the accrued unpaid interest into the principal balance, extend the term of the loan based on the number of payments missed, and reset the monthly payment accordingly.
Existing principal, interest and payment to remain as originally underwritten and extend the loan term to recapture unpaid accrued interest.
LONG-TERM FINANCIAL HARDSHIP
For borrowers who have become delinquent due to long-term financial hardship that has reduced their income and ability to make the monthly loan payments for more than twelve (12) months, the City is willing to undertake a loan modification so the borrower can retain their primary residence and the City will be able to realize repayment of its investment. The borrower must demonstrate a financial hardship that is long-term in nature. Financial hardship includes loss of income, long-term illness, disability, or other circumstances that impact the borrower’s ability to make loan payments. To qualify for consideration, the borrower must demonstrate a hardship 729
2 where their financial wherewi thal has been permanently impacted, they cannot make any mortgage payments, and the City loan must be in a second security position. The City will transition the loan from a performing loan to a deferred loan where the principal and accrued interest, if a pplicable, are due at refinance, time of sale or title transfer. Due to the long term nature of the documented financial hardship, interest will cease to accrue and the amount due will be set as the principal and outstanding accrued interest as of the date the hardship was approved. If there is insufficient equity at the time the triggering event when repayment occurs, the City, at its sole and absolute discretion, may accept the available equity as payment in full.
For properties with insufficient equity to satisfy the loan, the City, at its sole and absolute discretion, may reduce or eliminate the accrued interest, reduce the 3% interest loans to 0%, or some combination thereof. If there still is insufficient equity, the City may choose to reduce the principal and any accrued interest to ensure a portion of the City investment is recaptured. The borrower will be issued a 1099-C, Cancellation of Debt, and the value of the reduced obligation will be reported to the IRS as income.
SHORT-TERM FINANCIAL HARDSHIP
During the course of the loan term, if the borrower encounters a short-term financial hardship that has reduced their income and ability to make the monthly loan payments for twelve (12) months or less, the City is willing to implement one of the following options:
Forbearance: a temporary pause in loan or reduction in payments. Interest, if applicable, will continue to accrue on the loan balance. Forbearance provides temporary relief due to temporary financial difficulties. The borrower will then commence monthly payments. The unpaid installments will be moved to the end of the loan and a balloon payment will be due at the end of term.
Deferment: postpone overdue payments until the end of the loan term. The repayment period would be extended based on the number of loan payments missed.
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3 5 REFINANCE, ASSIGNMENT AND ASSUMPTION, AND LOAN
CONSOLIDATION
There are several factors that can trigger a n action by the City to review and approve new loan documents which is applicable to all of the City’s home loan programs. This could be due to the borrower requesting to refinance their first deed of trust, assignment and assumptions due to a change in ownership that meets the City’s criteria, delinquency due to hardship or because no jurisdiction has administered the home loan programs since 2011.
All City loans are required to be in the second position behind the first deed of trust and the re needs to be sufficient equity to service the mortgages secured by the property. Additionally, the borrower must be compliant with all terms of the respective loan program.
REFINANCE
For borrowers who are current on the City mortgage and want to refinance their first deed of trust, the City will subordinate the City Loan in accordance with the respective loan program agreement terms. To subordinate the City Loan to a deed of trust securing a refinanced First Mortgage Loan, the principal amount of all debt secured by the property must not exceed ninety percent (90%) of the Maximum Sales Price as determined by the borrower’s agreement. The City’s Deed Of Trust must be in a second position. Per the loan agreement, the borrower is limited on pulling out equity and increasing the loan amount secured by the first deed of trust. However, if the borrower wants to refinance and pull out equity, they must repay the City loan.
Other refinance terms will be reviewed based on the loan agreement requirements. If the loan requires payoff, the City may provide or issue a deed of reconveyance and surrender the secured Deed of Trust after confirming the loan is paid in full. The City will have its own template to provide a Deed of Reconveyance, once the loan is paid in full. The Borrower will b e responsible for any costs incurred for such request.
ASSIGNMENT AND ASSUMPTION
If there is a transfer of property as the result of marriage, divorce, incompetence or death of one or more individuals constituting the borrower, the party must notify the City per the timeframe articulated in the respective program’s promissory note. The party(ies) must provide proof of the action that triggered the assignment and assumption clause , such as a marriage certificate, divorce decree, power of attorney (incompetence) or death certificate. Additionally, the eligible Transferee must assume the obligation under their respective a greement by executing an Assignment and Assumption Agreement to be provided by the City at the request of the Participant.
LOAN CONSOLIDATION OF MULTIPLE LOANS TO ONE BORROWER
Some borrowers have received funding from more than one City loan program. The City is willing to consolidate the existing loans. The terms of the loan will be dependent upon the borrower’s 731
4 mortgage status. If the borrower is delinquent, the City needs to determine if it is due to long-term hardship, short-term hardship, or the City’s delay in loan servicing.
The City will consider reviewing all requests on a case -by-case basis. Typically, a request will include the following criteria. A City representative will review all cases within 7-10 business days and will respond with any considerations.
1. A Letter explaining the request for the loan changes.
2. If applicable, third party (Escrow of Title) requests for refinancing or pay-off demand.
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5 6 APPLICATION PROCESS – LOAN MODIFICATION
ELIGIBILITY CRITERIA
To be eligible for loan restructuring due to hardship, the borrower must meet the hardship and eligibility criteria. This may include but is not limited to experiencing financial difficulties due to circumstances from loss of income, medical emergencies, divorce or sep aration, natural disasters, and death of a household membe r with a primary income earner. The applicant must demonstrate hardship by providing the following:
1. A letter detailing how financial hardship prevents the borrower from making scheduled loan payments, including any recently encountered conditions such as unemployment status, loss of employment, medical emergency, pandemic moratoriums, loss of other public assistance, or other circumstances.
2. Proof of income, if applicable (see Table 3: Income Documentation List)
3. Financial statements (see Table 3: Income Documentation List)
4. Credit Report
Additionally, Homeowners must confirm the following criteria:
1. The property purchased with the City loan must be their principal place of residence. They may not own any other properties to be considered for hardship. Borrowers must demonstrate proof of residency by providing documents such as a current utility statement confirming the homeowner’s current address and signing a statement certifying owner occupancy. In addition, the City will review a preliminary title report to confirm that the borrower(s) holds title to the subject property.
2. Must not have cash or assets (excluding savings in a retirement account) that are equal to or greater than the relief funds needed or $20,000.
3. Must demonstrate that they have a minimum of 3 months of late payments.
LOAN APPLICATION PROCESS
Loan applications will be reviewed for eligibility and will require 7-10 business days to review once submitted to the City or its representatives to verify eligibility. All loan applications must have the required documents listed in the application checklist ( to be provided with the application).
Incomplete loan applications will not be processed. A representative will provide notification and the status of the application to the applicants. The City reserves the right to charge a loan application fee to process the loan application (to be specified in the loan application).
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6 INCOME DOCUMENTATION CHECKLIST
Table 3 lists income documents required for the hardship application process . Documents are required for all household members that are employed and age 18 and older.
Table 3: Income Documentation Checklist
Applicable Source Income Documents Needed
Homeowner 1. Letter of explanation demonstrating Hardship
2. Proof of income
3. Proof of financial statements
4. Most recent credit report for all three credit bureaus
If Employed as Wage
Earners
5. Copy of 2 months of most recent consecutive paystubs for all wage earners (for each adult household member
employed) who receives wages, salary, overtime pay,
commissions, fees, tips and or other compensation.
6. Copy of most recent year's Federal Income Tax Return with all schedules and attachments for household members
employed.
If Self Employed If applicable, please provide Form 1040/1040A with Schedule C, E, or F, and financial business statement(s).
If Not-Self- Employed Please complete the self-affidavit form of non-employment (see attached form).
Other Assets Please provide a copy of 2 months of most recent consecutive bank statements for all applicable types of account:
o Checking
o Savings
o Certificate of Deposit
o Annuities
o Trust
o Stocks
o Bonds, etc.
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7 7 UNDERWRITING REQUIREMENTS
The City will have the option to evaluate the loan application to consider any financial hardship, loan modification, or other circumstances that are deemed necessary to review any loan request.
The City shall consider a combination of the following criteria to determine if the request is granted:
1. A letter of explanation demonstrating financial hardship. Any stated information regarding income or assets must be verified, and the letter must explain reasons for difficulty making loan payments.
2. The household gross income must be 120% AMI or below (see current published HCD income limits) and demonstrate hardship. All income and asset documentation must be included in the loan application.
3. The borrower may not own any other properties other than their primary residence.
4. Loan payments must be delinquent for at least 3 months and must be verifiable.
5. Employment status must be considered and evaluated . If applicable, employment must be verifiable and current.
6. The mortgage payment to income ratio must be above 35% to demonstrate difficulty in paying and mana ging other financial obligation s. The City shall divide the mortgage payment by the monthly gross income multiplied by 100 to calculate the percentage. For example:
a. Monthly Mortgage Payment (with an escrow account or impounds of taxes and insurance): $2,000
b. Gross monthly income is: $4,500
c. $2,000 / $4,500 x 100 = 44%
7. Any new loan conditions must be based on the borrower’s ability to pay and be below the 35% ratio.
8. The City shall review a credit report from all three credit bureaus. FICO score must be considered poor ranging from 300 to 579. Poor credit scores indicate missed payments, high credit utilization, defaulting on loans or having a limited credit history. In cases where there is no FICO score, non-traditional credit may be acceptable. Such as other timeliness of other monthly payments in cases of utilities, insurance , and other similar non -binding credit reporting. Credit ranges based on the Equifax credit bureau are as follows:
a. Exceptional range: 800-850
b. Very Good range: 740-799
c. Good range: 670 – 739
d. Fair range: 580 – 669
e. Poor range: 300 – 579
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8 8 LOAN SERVICING
City staff will process loan invoices monthly to ensure timely receipt of loan payments. The loan invoicing procedure will include clear and accurate information on the invoice for each loan to avoid confusion and borrower disputes. The loan invoicing process should include:
A review of individual loan terms and the payment schedule for each loan Adequate notice by the 3rd week of the month to ensure mailing by the 1st day of the month.
The invoicing template should include:
Loan terms or loan balance
Borrower Name and Address
Identification of type of loan
Payment amount
Due date
Details such as principal, interest and additional fees or outstanding payments Instructions on how loan payment should be received either by mail to the City Address and Department or loan portal for online payments A reconciliation of loan payments and issue, if necessary, loan confirmation with each invoice. Update any loan records to reflect the loan balance. Issue annually to each borrower 1098 year-end statements (mortgage interest deduction).
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9 9 HOMEOWNERSHIP COMPLIANCE
According to the loan agreements issued for homeownership loans, the homeowner must occupy their home as their primary residence; borrowers are not permitted to rent their properties to a third party. The City will monitor occupancy by taking the following steps:
1. Prepare a database to track and organize all the homeownership units that are being monitored. The database will include columns such as:
Homeowner name
Property address
Document form names (corresponding to the monitoring) Dates of mailed forms, data collected, completed forms and confirmation of close- out
Compliance status
Other activities corresponding to the controlling agreement
2. Prepare a notificati on letter that outlines the documentation requesting the annual monitoring process, including language to have the homeowner provide supporting documentation of unit occupancy such as:
Recertification forms for proof of occupancy, completed and signed by the homeowner Have the homeowner provide a current utility statement, ide ntifying them as the homeowner in the statement.
3. Mail the notice s, collect all documents , and send out confirmation letters to the homeowners to close the monitoring.
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10 10 NOTICE OF DEFAULT AND FORECLOSURE
NOTICE OF DEFAULT
Each respective loan program has a similar default provision language. A portion of the standard language describing default is as follows:
Failure or delay by either party to perform any term or provisions of this Agreement which is not cured within thirty (30) days after receipt of notice from the other party constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion.
There are a number of terms within the respective agreements which would cause acceleration and issuance of a notice of default. The following events typically constitutes a default under the various City programs . H owever, it is important to review the respective loan program agreements, as they vary.
Owner/Borrower made misrepresentations
Owner fails to occupy the home and cure default within sixty (60) days of receiving City notice
Transfer of property in violation of agreement
Owner fails to comply with terms of agreement
Notice of Default issued by First Mortgage Lender or other financing secured by the property
Lien recorded against property by a non-bona fide mortgage loan
Upon monthly payment status, annual compliance review, or other notice received from lenders or other par ties, the City will issue a Notice of Default to commence the 30-day cure period to protect the City’s investment.
If the homeowner has a first mortgage with a deed of trust insured by HUD that is secured by the property, and the homeowner is undergoing c onsideration by HUD for assignment forbearance relief or the homeowner is undergoing consideration for relief under HUD’s Temporary Mortgage Assistance Payment program, the City will not exercise its Option on Default.
Lender Notice of Default
If the Borrower defaults on the First Mortgage Lender or other entity with a real property lien, the City has reserved the right to cure the default and redeem the home. This is not a requirement but an option the City may pursue.
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11 Alternatively, if a creditor a cquires title to the property through a deed in lieu of foreclosure, trustee’s deed upon sale, or otherwise, the Owner is not entitled to the proceeds of the sale to the extent that any excess proceeds can be utilized to retire a portion of the City loan balance.
FORECLOSURE
If the borrower does not comply with the terms of the loan and the City has complied with the issuance of a notice of default, the City may initiate foreclosure. In California, the residential foreclosure process primarily follows a non-judicial foreclosure route, which means it typically doesn't go through the court system.
1. The lender or trustee records a notice of default in the county recorder's office and mails a copy to the borrower within ten business days.
2. The notice of defaul t gives the borrower three months to reinstate the loan (bring it current).
3. The notice informs the borrower of the total amount owed, including missed payments and foreclosure fees.
4. The borrower will have 90 days from the date the notice of default is reco rded to pay the owed amount to the lender.
The process begins when a borrower defaults on their mortgage payments (typically after missing at least three months of payments).
1. Default Notice
Notice of Default (NOD): After a 30-day period, the lender may issue a Notice of Default.
This formal document notifies the borrower that they are in default and gives them a chance to cure the default by catching up on missed payments, usually within 90 days.
2. Reinstatement Period
The borrower has 90 days from the Notice of Default to cure the delinquency. During this period, the borrower can reinstate the loan by paying the overdue amounts, including fees and interest.
3. Notice of Trustee’s Sale
If the borrower fails to catch up on payments, the lender can issue a Notice of Trustee’s Sale after the 90 -day reinstatement period. This notice is recorded with the county and typically gives at least 21 days' notice before the sale date. The sale date, time, and location are listed, and the property may be sold to the hi ghest bidder at a public auction.
4. Trustee’s Sale (Foreclosure Auction)
The property is sold at a public auction. The lender typically starts the bidding with a credit bid (the amount the borrower owes, plus costs). If no one outbids the lender, the property goes back to the lender as Real Estate Owned (REO).
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12 5. Post-Sale Eviction
If the borrower is still living in the property after the sale, they may receive a notice to vacate, and the new owner (whether the lender or a third -party buyer) can file for a n eviction if necessary.
Key Points:
Non-Judicial vs. Judicial Foreclosure: Most foreclosures in California are non-judicial, meaning they don’t involve the court. Judicial foreclosures are rare and involve the lender suing in court for the foreclosure.
Right of Redemption: In non -judicial foreclosures, there is no right of redemption after the sale, meaning the borrower cannot reclaim the property after it has been sold at auction.
Loan Modifications & Alternatives: Borrowers in default may explore loan modifications, short sales, or deeds in lieu of foreclosure as alternatives to foreclosure.
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13 11 BUSINESS DEVELOPMENT LOAN PROGRAM
The Former Redevelopment Agency created the Business Development Loan Program (“Program”) to assist business owners and operators to increase, improve and preserve local businesses. The loans ranged from $25,600 to $2,000,000 and were secured by business equipment or a first or second deed of trust on real property.
LOAN ACCELERATION
Loan acceleration occurs if the Borrower meets one or more of the following items:
Sells or transfers the Property and/or Business Equipment, including without limitations, exchange or other disposition of the Property and/or Business Equipment or any interest therein, whether voluntary or involuntary, except a sale or transfer which under federal law would not, by itself, permit the exercise of the acceleration clause.
Borrower refinances the lien of the Agency Deed of Trust or any lien or encumbrance to which the Agency Deed of Trust is subordinate for loan amount more than the then current loan balance and secured by the lien or encumbrance.
ELIGIBLE TRANSFERS
The acceleration clause will not apply if the borrower transfers the Property and/or Busin ess Equipment due to marriage, divorce, incompetence or death , as long as the Borrower provides thirty (30) days’ notice to City. The City also reserves the right, at its sole and absolute discretion, to not invoke acceleration and either defer repayment or extend the term of the Note,
COLLATERAL SUBSTITUTION
The participant must notify the City no less than thirty (30) days in advance that they are undertaking one of the following:
Sale of the Property and/or Business Equipment
Transfer, exchange or dispose of any interest in the Property and/or Business Equipment
Refinancing of the Property that secures the City’s Deed of Trust lien Close of the Borrower’s probate estate
The City has seven (7) business days to respond to the Bo rrower and identify an appropriate collateral substitution . Based on the proposed collateral and its acceptability in meeting the underwriting and securitizing the loan, the City will inform the Borrower if the proposed collateral is acceptable. Thereafte r, the City will prepare the respective documentation, Deed of Trust or UCC-1 Financing Statement, complete the necessary paperwork to release the original collateral.
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14 COMPLIANCE MONITORING
Annually the City will issue a letter to the Borrower requesting certification of the following:
1. Business Ownership (open or closed)
2. General Liability Insurance (for businesses remaining in operation)
3. Collateral ownership status
4. Collateral has not been refinanced and the City’s position is intact
OTHER PROVISIONS
All other Program administrative provisions will follow the Housing Loan Program as articulated below:
Delinquent Loan Modification (see page 1)
Refinance, Assignment & Assumption, and Loan Consolidation (see page 3) Application Process (see page 5)
Loan Servicing (see page 8)
Notice of Default and Foreclosure (see page 10)
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 28, 2025
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
Kristi Carter, Human Resources Manager
SUBJECT: Adopt a Resolution to Approve a Master Salary Schedule pursuant to California Public Employees Retirement System (CalPERS) , Increase Minimum Wage Pay Rates, and Approve the FY 2022 - 2023 and FY 2023 -2024 Executive Level E mployees with
Assignment of Assistant City Manager and City Manager Salary Schedules pursuant to CalPERS
RECOMMENDED ACTION:
It is recommended that the City Council adopt a resolution to:
1) Approve a Master Salary Schedule effective July 1, 2024, pursuant to the California Public Employees Retirement System (CalPERS). Adoption of this master schedule will also include previously approved wage updates.
2) Increase the minimum pay rates of certain unrepresented temporary/seasonal classifications and two represented part -time classifications to conform to the California Minimum Wage Increase, effective January 1, 2025. 3) Approve the FY 2022-2023 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedule effective July 1, 2022, pursuant to CalPERS.
4) Approve the FY 2023-2024 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedule effective July 1, 2023, pursuant to CalPERS.
BACKGROUND:
Master Salary Schedule
The California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations Section 570.5, and meeting all the following requirements:
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Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws; Identifies the position title for every employee position; Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;
Indicates an effective date and date of any revisions; Is retained by the employer and available for public inspection for not less than five years; and
Does not reference another document in lieu of disclosing the pay rate.
The proposed Master Salary Schedule effective July 1, 2024, meets the above-bulleted criteria and includes the following previously approved wage updates:
Resolution adopted by City Council on February 27, 2024 , to approve the City Manager's Employment Agreement Amendment Increasing the City Manager’s Compensation and providing for an additional 3% Education Incentive Pay.
Resolution adopted by City Council on July 23, 2024, to Approve Pay and Benefit Plans for Executive, Mid-Management & Non-Represented Pay Plans for a one-year term starting July 1, 2024, and ending June 30, 2025.
Resolution adopted by City Council on October 22, 2024, Approve Memorandum of Understanding with the Hercules Police Officers Association for a one-year term starting July 1, 2024, and ending June 30, 2025.
Resolution adopted by City Council on November 12, 2024, approving the addition of a Landscaping and Lighting Program Coordinator Job Description to the City’s Classification Plan.
In addition, on January 1, 2025, California's minimum wage increased to $16.50 per hour for all employers. The Master Salary Schedule that staff has proposed for City Council adoption reflects updated minimum pay rates of certain unrepresented temporary/seasonal classifications and two Teamsters Local 315 part -time represented classifications which conforms to the State minimum wage.
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Executive Level Employees with Assignment of Assistant City Manager and City Manager Salary Schedules
On September 12, 2022, the City Council adopted the Executive Level Employee Pay Plan for a two-year term beginning July 1, 2022, and ending June 30, 2024. The FY 2022-2023 and FY 2023 -2024 salary schedules for Executive Level Employees approved on September 12, 2022, did not reflect the following pay rates pursuant to Section 3.2 of the Pay & Benefits Plan for Executive Level Employees, which states:
Section 3.2, Assistant City Manager – The City Manager may designate one of the Executive Level employees to also serve as Assistant City Manager. Each Executive Level Employee will have a separate job classification for their current classification/Assistant City Manager. This separate classification for each Executive Level Employee will have a salary table associated with it to include a 5% salary increase to each step. When an Executive Level Employee is assigned the designation of Assistant City Manager that employee shall receive the pay rate listed in the Executive Level employees separate job classification and salary schedule that includes Assistant City Manager.
The attached FY 2022-2023 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary sc hedule effective July 1, 2022 , and FY 2023-2024 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedule effective July 1, 2023, are proposed for City Council approval at CalPERS’ request in order to bring the Ci ty into compliance Title 2 California Code of Regulations Section 570.5.
The Executive Level Employees with Assignment of Assistant City Manager and City Manager Salary Schedules also include the following previously approved wage updates:
Resolution adopted by City Council on October 25, 2022, to approve the City Manager's Employment Agreement Amendment to Increase his Cost of Living Adjustment (“COLA”) from 3% to 4.5% for Fiscal Years 2022-23 and 2023-24.
REVIEW AND ANALYSIS:
The Department of Industrial Relations increased California's minimum wage to $16.50 per hour, effective January 1, 2025.
One of the protections of the minimum wage law is an annual review of the wage rate using the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI- W). The Department of Finance calculated that the U.S. CPI-W increased by 3.18% percent for the period from July 1, 2023, to June 30, 2024, compared to the prior 12-month period.
According to the City’s Personnel Rules, employees are assigned job classifications with salary ranges adopted by the City Council. The City Council has the authority to approve changes to unrepresented temporary/seasonal classifications without engagement in the 745
meet and confer process because the employees allocated to this employee group are not represented by a labor union.
The City has engaged in the meet and confer process with Teamsters Local 315 to increase the base wages for the following two represented part-time classifications:
1. Office Assistant I
2. Recreation Aide
Staff is recommending that the City Council approve a Master Salary Schedule to update the minimum pay rates of certain unrepresented temporary/seasonal classifications and the two Teamsters Local 315 represented classifications to conform to the State minimum wage and include previously approved wage updates and other items referenced above:
Resolution adopted by City Council on February 27, 2024, to approve the City Manager's Employment Agreement Amendment.
Resolution adopted by City Council on July 23, 2024, to Approve Pay and Benefit Plans for Executive, Mid-Management & Non-Represented Pay Plans for a one year term starting July 1, 2024, and ending June 30, 2025.
Resolution adopted by City Council on October 22, 2024, Approve Memorandum of Understanding with the Hercules Police Officers Association for a one year term starting July 1, 2024, and ending June 30, 2025.
Resolution adopted by City Council on November 12, 2024, approving the addition of a Landscaping and Lighting Program Coordinator Job Description to the City’s Classification Plan.
Staff further commends that that the City Council approve the FY 2022-2023 and FY 2023- 2024 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedules effective July 1, 2022, and July 1, 2023, respectively, at the request of CalPERS in order to bring the City into compliance Title 2 California Code of Regulations Section 570.5.
FISCAL IMPACT:
The anticipated financial impact for the remainder of FY 2024-25 is estimated to be $1,000, which is intended to adjust the salaries of affected unrepresented temporary/seasonal employees, and the two part-time represented employees, effective January 1, 2025.
The costs for these salary adjustments will be absorbed within the respective department's current budget.
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ATTACHMENTS:
1. Resolution
2. Exhibit 1 - Master Salary Schedule effective July 1, 2024
3. Exhibit 2 - FY 2022-2023 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedule effective July 1, 2022
4. Exhibit 3 - FY 2023-2024 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedule effective July 1, 2023
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HERCULES CITY COUNCIL
RESOLUTION 2025-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES APPROVING
THE MASTER SALARY SCHEDULE, INCREASING MINIMUM WAGE PAY RATES, AND APPROVING THE FY 2022 -2023 AND FY 2023 -2024 EXECUTIVE LEVEL
EMPLOYEE SALARY SCHEDULES PURSUANT TO CALPERS REQUIREMENTS
WHEREAS, the California Public Employees’ Retirement System (CalPERS) requires all member agencies to list employee compensation levels on a publicly adopted and accessible Public Agency Pay Schedule in compliance wi th Title 2 California Code of Regulations Section 570.5; and
WHEREAS, the City of Hercules is committed to maintaining transparency and compliance by providing a Master Salary Schedule that includes the position titles, pay rates, and time bases for all employee classifications; and
WHEREAS, the State of California has increased the minimum wage to $16.50 per hour, effective January 1, 2025, requiring updates to the minimum pay rates for unrepresented temporary/seasonal classifications and two represen ted part -time classifications in the Teamsters Local 315 bargaining unit (Office Assistant I and Recreation Aide) to ensure compliance with State law; and
WHEREAS, the Executive Level Employee Pay Plan adopted on September 12, 2022, authorized the design ation of an Assistant City Manager position with a salary table reflecting a 5% increase for employees assigned to this role; and
WHEREAS, the FY 2022 -2023 and FY 2023 -2024 salary schedules for Executive Level Employees with assignments of Assistant City Manager and City Manager have been updated for compliance with CalPERS regulations; and
WHEREAS, the fiscal impact for the remainder of FY 2024 -2025 resulting from the salary adjustments for unrepresented temporary/seasonal employees and the two part-time represented classifications will be absorbed within the respective department budgets; and
WHEREAS, the proposed Master Salary Schedule, effective July 1, 2024, includes previously approved wage updates and has been prepared in accordance with the City’s personnel rules and applicable public meeting laws.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows :
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1. The Council hereby approves the Master Salary Schedule effective July 1, 2024, reflecting the updated pay rat es and all previously adopted wage adjustments in compliance with CalPERS requirements, as set forth in Exhibit 1.
2. The Council hereby approves the adjustments to the minimum pay rates for unrepresented temporary/seasonal classifications and the two part-time classifications represented by Teamsters Local 315 (Office Assistant I and Recreation Aide), effective January 1, 2025, in conformance with the California minimum wage increase.
3. The Council hereby approves the FY 2022-2023 Executive Level Employees with Assignment of Assistant City Manager and City Manager salary schedule effective July 1, 2022, and the FY 2023-2024 salary schedule effective July 1, 2023, to bring the City into compliance with Title 2 California Code of Regulations Section 570.5, as set forth in Exhibit 2 and Exhibit 3, respectively.
The fo regoing Resolution was duly and regularly adopted at a regular m eeting of the City Council of the City of Hercules held on the 28th day of January 2025 , by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Dion Bailey, Mayor
ATTEST:
Eibleis Melendez, City Clerk
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Effective July 1, 2024
STEP 1 Effective Date Annual Hours
BARGAINING UNIT/
EMPLOYEE GROUP POSITIONS GRADE ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY ANNUAL HOURLY MONTHLY CONTRACT C ITY MANAGER CM 293,550.1900 141.1299 7/1/2024 2080 ELECTED OFFICIAL COUNCIL MEMBER CCM 831.6000 8/13/2009
ELECTED OFFICIAL MAYOR CCM 831.6000 8/13/2009
ELECTED OFFICIAL VICE MAYOR CCM 831.6000 8/13/2009
EXECUTIVE CHIEF OF POLICE 057 189,650.1568 95.9768 199,132.7832 100.7757 209,089.6496 105.8146 219,544.0728 111.1053 230,520.9504 116.6604 242,047.1560 122.4935 7/1/2024 1976 EXECUTIVE CHIEF OF POLICE / ASSISTANT CITY MANAGER 57A 199,132.5856 100.7756 209,089.4520 105.8145 219,543.8752 111.1052 230,520.9504 116.6604 242,047.1560 122.4935 254,149.5632 128.6182 7/1/2024 1976 EXECUTIVE CITY CLERK 051 119,511.8392 60.4817 125,487.6584 63.5059 131,762.0512 66.6812 138,350.0352 70.0152 145,267.4184 73.5159 152,530.7992 77.1917 7/1/2024 1976 EXECUTIVE CITY CLERK / ASSISTANT CITY MANAGER 125,487.4608 63.5058 131,762.0512 66.6812 138,350.2328 70.0153 145,267.6160 73.5160 152,530.7992 77.1917 160,157.3688 85.0513 7/1/2024 1976 EXECUTIVE CITY CLERK / PIO 052 129,072.5176 65.3201 135,526.9240 68.5865 142,302.4304 72.0154 149,417.8088 75.6163 156,888.6696 79.3971 164,733.1920 83.3670 7/1/2024 1976 EXECUTIVE CITY CLERK / PIO / ASSISTANT CITY MANAGER 52A 135,526.1336 68.5861 142,303.2208 72.0158 149,417.6112 75.6162 156,888.6696 79.3971 164,733.1920 83.3670 172,969.9504 87.5354 7/1/2024 1976 EXECUTIVE COMMUNITY DEVELOPMENT DIRECTOR 056 175,602.3776 88.8676 184,382.1408 93.3108 193,601.1688 97.9763 203,281.5928 102.8753 213,445.5440 108.0190 224,117.7224 113.4199 7/1/2024 1976
EXECUTIVE COMMUNITY DEVELOPMENT DIRECTOR / ASSISTANT CITY
MANAGER
56A 184,382.5360 93.3110 193,601.1688 97.9763 203,281.1976 102.8751 213,445.7416 108.0191 224,117.9200 113.4200 235,323.6184 119.0909 7/1/2024 1976
EXECUTIVE FINANCE DIRECTOR 056 175,602.3776 88.8676 184,382.1408 93.3108 193,601.1688 97.9763 203,281.5928 102.8753 213,445.5440 108.0190 224,117.7224 113.4199 7/1/2024 1976 EXECUTIVE FINANCE DIRECTOR / ASSISTANT CITY MANAGER 56A 184,382.5360 93.3110 193,601.1688 97.9763 203,281.1976 102.8751 213,445.7416 108.0191 224,117.9200 113.4200 235,323.6184 119.0909 7/1/2024 1976 EXECUTIVE PARKS & RECREATION DIRECTOR 054 150,550.4520 76.1895 158,077.8264 79.9989 165,981.6288 83.9988 174,281.0264 88.1989 182,995.1864 92.6089 192,144.8568 97.2393 7/1/2024 1976
EXECUTIVE PARKS & RECREATION DIRECTOR / ASSISTANT CITY
MANAGER
54A 158,078.0240 79.9990 165,981.6288 83.9988 174,280.6312 88.1987 182,994.9888 92.6088 192,144.8568 97.2393 201,752.1688 102.1013 7/1/2024 1976
EXECUTIVE PUBLIC WORKS DIRECTOR 057 189,650.1568 95.9768 199,132.7832 100.7757 209,089.6496 105.8146 219,544.0728 111.1053 230,520.9504 116.6604 242,047.1560 122.4935 7/1/2024 1976 EXECUTIVE PUBLIC WORKS DIRECTOR / ASSISTANT CITY MANAGER 57A 199,132.5856 100.7756 209,089.4520 105.8145 219,543.8752 111.1052 230,520.9504 116.6604 242,047.1560 122.4935 254,149.5632 128.6182 7/1/2024 1976
MID-MANAGEMENT P
UBLIC WORKS SUPERINTENDENT 253 122,032.8200 61.7575 128,134.5104 64.8454 134,540.7024 68.0874 141,268.1920 71.4920 148,331.4040 75.0665 155,747.7272 78.8197 7/1/2024 1976 MID-MANAGEMENT R ECEATION MANAGER 248 95,616.0712 48.3887 100,396.6080 50.8080 105,416.2408 53.3483 110,687.2208 56.0158 116,221.7992 58.8167 122,033.0176 61.7576 7/1/2024 1976 MID-MANAGEMENT S ENIOR ACCOUNTANT 249 100,396.4104 50.8079 105,416.4384 53.3484 110,687.2208 56.0158 116,221.6016 58.8166 122,032.8200 61.7575 128,134.7080 64.8455 7/1/2024 1976 NON-REPRESENTED A CCOUNTING TECHNICIAN II 046 81,337.6928 41.1628 85,404.6960 43.2210 89,674.8320 45.3820 94,158.7712 47.6512 98,866.5912 50.0337 103,810.1480 52.5355 7/1/2024 1976 NON-REPRESENTED A DMINSTRATIVE SPECIALIST 045 75,312.4736 38.1136 79,078.3344 40.0194 83,031.7176 42.0201 87,183.8864 44.1214 91,543.1400 46.3275 96,119.9512 48.6437 7/1/2024 1976 NON-REPRESENTED H UMAN RESOURCES ADMINISTRATOR 046 81,337.6928 41.1628 85,404.6960 43.2210 89,674.8320 45.3820 94,158.7712 47.6512 98,866.5912 50.0337 103,810.1480 52.5355 7/1/2024 1976 NON-REPRESENTED H UMAN RESOURCES MANAGER 050 110,658.9640 56.0015 116,191.9616 58.8016 121,996.4616 61.7391 128,102.1040 64.8290 134,506.7152 68.0702 141,232.2288 71.4738 7/1/2024 1976 NON-REPRESENTED H UMAN RESOURCES TECHNICIAN 045 75,312.4736 38.1136 79,078.3344 40.0194 83,031.7176 42.0201 87,183.8864 44.1214 91,543.1400 46.3275 96,119.9512 48.6437 7/1/2024 1976 NON-REPRESENTED P OLICE COMMANDER 055 162,594.7648 82.2848 170,724.8192 86.3992 179,260.3488 90.7188 188,223.4848 95.2548 197,634.7776 100.0176 207,516.5560 105.0185 7/1/2024 1976 POA POLICE OFFICER PO 106,245.7760 51.0797 109,433.3760 52.6122 112,716.0320 54.1904 116,097.9040 55.8163 119,580.8640 57.4908 123,168.2400 59.2155 7/1/2024 2080 POA POLICE OFFICER TRAINEE PTR 95,621.1360 45.9717 7/1/2024 2080 POA POLICE SERGEANT SGT 125,596.4320 60.3829 129,363.9360 62.1942 133,245.2160 64.0602 137,242.5600 65.9820 141,359.5040 67.9613 145,600.6240 70.0003 7/1/2024 2080 PT UNBENEFITTED ADMINISTRATIVE SECRETARY PT20 57,023.7642 28.8582 59,874.9524 30.3011 62,868.7000 31.8161 66,012.1350 33.4070 69,312.7418 35.0773 72,778.3789 36.8312 7/1/2023 1976 PT UNBENEFITTED FACILITY ATTENDANT PT1 32,519.9646 16.5000 34,145.9628 17.2803 35,853.2610 18.1444 37,645.9240 19.0516 39,528.2202 20.0042 41,504.6312 21.0044 1/1/2025 1976 PT UNBENEFITTED INTER ADMIN / ENG / PLANNING PT1 32,519.9646 16.5000 34,145.9628 17.2803 35,853.2610 18.1444 37,645.9240 19.0516 39,528.2202 20.0042 41,504.6312 21.0044 1/1/2025 1976 PT UNBENEFITTED LIFEGUARD / SWIM INSTRUCTOR I PT1 32,519.9646 16.5000 34,145.9628 17.2803 35,853.2610 18.1444 37,645.9240 19.0516 39,528.2202 20.0042 41,504.6312 21.0044 1/1/2025 1976 PT UNBENEFITTED LIFEGUARD / SWIM INSTRUCTOR II PT2 33,495.5247 16.9512 35,170.3009 17.7987 36,928.8160 18.6887 38,775.2568 19.6231 40,714.0196 20.6043 42,749.7206 21.6345 7/1/2023 1976 PT UNBENEFITTED SENIOR LIFEGUARD PT4 35,535.3322 17.9835 37,312.0988 18.8826 39,177.7037 19.8268 41,136.5889 20.8181 43,193.4184 21.8590 45,353.0893 22.9520 7/1/2023 1976 PT UNBENEFITTED SPORTS COACH / REFEREE PT1 32,519.9646 16.5000 34,145.9628 17.2803 35,853.2610 18.1444 37,645.9240 19.0516 39,528.2202 20.0042 41,504.6312 21.0044 1/1/2025 1976 PT UNBENEFITTED SWIM COACH PT6 37,699.4313 19.0787 39,584.4029 20.0326 41,563.6230 21.0342 43,641.8042 22.0859 45,823.8944 23.1902 48,115.0891 24.3497 7/1/2023 1976 TEAMSTERS FT ACCOUNTING TECHNICIAN I 145 65,951.4014 33.3762 69,248.9715 35.0450 72,711.4201 36.7973 76,346.9911 38.6371 80,164.3406 40.5690 84,172.5576 42.5974 7/1/2023 1976 TEAMSTERS FT ASSISTANT ENGINEER 150 96,904.3416 49.0407 101,749.5587 51.4927 106,837.0366 54.0673 112,178.8884 56.7707 117,787.8329 59.6092 123,677.2245 62.5897 7/1/2023 1976 TEAMSTERS FT ASSISTANT PLANNER 149 89,725.6348 45.4077 94,211.9166 47.6781 98,922.5124 50.0620 103,868.6380 52.5651 109,062.0699 55.1934 114,515.1734 57.9530 7/1/2023 1976 TEAMSTERS FT ASSOCIATE ENGINEER 151 104,656.6026 52.9639 109,889.4327 55.6121 115,383.9044 58.3927 121,153.0996 61.3123 127,210.7546 64.3779 133,571.2923 67.5968 7/1/2023 1976 TEAMSTERS FT COMMUNITY DEVELOPMENT SPECIALIST 146 70,535.7355 35.6962 74,062.5222 37.4810 77,765.6484 39.3551 81,653.9308 41.3228 85,736.6273 43.3890 90,023.4587 45.5584 7/1/2023 1976 TEAMSTERS FT INFORMATION SYSTEMS ADMINISTRATOR 151 104,656.6026 52.9639 109,889.4327 55.6121 115,383.9044 58.3927 121,153.0996 61.3123 127,210.7546 64.3779 133,571.2923 67.5968 7/1/2023 1976 TEAMSTERS FT INFORMATION SYSTEMS SPECIALIST 148 83,079.2675 42.0442 87,233.2309 44.1464 91,594.8924 46.3537 96,174.6371 48.6714 100,983.3689 51.1049 106,032.5374 53.6602 7/1/2023 1976 TEAMSTERS FT LANDSCAPING AND LIGHTING PROGRAM COORDINATOR 147 76,925.6002 38.9300 80,771.8802 40.8765 84,810.4742 42.9203 89,050.9979 45.0663 93,503.5478 47.3196 98,178.7252 49.6856 11/12/2024 1976 TEAMSTERS FT MAINTENANCE AIDE 141 48,476.3969 24.5326 50,900.2167 25.7592 53,445.2276 27.0472 56,117.4889 28.3995 58,923.3634 29.8195 61,869.5316 31.3105 7/1/2023 1976 TEAMSTERS FT MAINTENANCE WORKER I 143 56,542.5720 28.6147 59,369.7006 30.0454 62,338.1857 31.5477 65,455.0949 33.1250 68,727.8497 34.7813 72,164.2422 36.5204 7/1/2023 1976 TEAMSTERS FT MAINTENANCE WORKER II M46 69,850.8366 35.3496 73,343.3784 37.1171 77,010.5474 38.9729 80,861.0747 40.9216 84,904.1285 42.9677 89,149.3349 45.1161 7/1/2023 1976 TEAMSTERS FT MANAGEMENT ANALYST 147 76,925.6002 38.9300 80,771.8802 40.8765 84,810.4742 42.9203 89,050.9979 45.0663 93,503.5478 47.3196 98,178.7252 49.6856 7/1/2023 1976 TEAMSTERS FT POLICE SUPPORT SPECIALIST 145 65,951.4014 33.3762 69,248.9715 35.0450 72,711.4201 36.7973 76,346.9911 38.6371 80,164.3406 40.5690 84,172.5576 42.5974 7/1/2023 1976 TEAMSTERS FT PUBLIC WORKS INSPECTOR / SPECIALIST 147 76,925.6002 38.9300 80,771.8802 40.8765 84,810.4742 42.9203 89,050.9979 45.0663 93,503.5478 47.3196 98,178.7252 49.6856 7/1/2023 1976 TEAMSTERS FT RECREATION COORDINATOR 146 70,535.7355 35.6962 74,062.5222 37.4810 77,765.6484 39.3551 81,653.9308 41.3228 85,736.6273 43.3890 90,023.4587 45.5584 7/1/2023 1976 TEAMSTERS FT RECREATION SUPERVISOR 147 76,925.6002 38.9300 80,771.8802 40.8765 84,810.4742 42.9203 89,050.9979 45.0663 93,503.5478 47.3196 98,178.7252 49.6856 7/1/2023 1976 TEAMSTERS FT RECREATION TECHNICIAN 145 65,951.4014 33.3762 69,248.9715 35.0450 72,711.4201 36.7973 76,346.9911 38.6371 80,164.3406 40.5690 84,172.5576 42.5974 7/1/2023 1976 TEAMSTERS FT SENIOR CLERK 143 56,542.5720 28.6147 59,369.7006 30.0454 62,338.1857 31.5477 65,455.0949 33.1250 68,727.8497 34.7813 72,164.2422 36.5204 7/1/2023 1976 TEAMSTERS FT SENIOR PLANNER 151 104,656.6026 52.9639 109,889.4327 55.6121 115,383.9044 58.3927 121,153.0996 61.3123 127,210.7546 64.3779 133,571.2923 67.5968 7/1/2023 1976 TEAMSTERS PT AQUATICS POOL MANAGER PT12 45,015.1610 22.7810 47,265.9191 23.9200 49,629.2150 25.1160 52,110.6758 26.3718 54,716.2096 27.6904 57,452.0200 29.0749 7/1/2023 1976 TEAMSTERS PT OFFICE ASSISTANT I PT1 32,519.9646 16.5000 34,145.9628 17.2803 35,853.2610 18.1444 37,645.9240 19.0516 39,528.2202 20.0042 41,504.6312 21.0044 1/1/2025 1976 TEAMSTERS PT OFFICE ASSISTANT II PT2 33,495.5247 16.9512 35,170.3009 17.7987 36,928.8160 18.6887 38,775.2568 19.6231 40,714.0196 20.6043 42,749.7206 21.6345 7/1/2023 1976 TEAMSTERS PT PARKING ENFORCEMENT OFFICER PT18 53,750.3188 27.2016 56,437.8347 28.5617 59,259.7265 29.9897 62,222.7128 31.4892 65,333.8484 33.0637 68,600.5408 34.7169 7/1/2023 1976 TEAMSTERS PT RECREATION AIDE PT1 32,519.9646 16.5000 34,145.9628 17.2803 35,853.2610 18.1444 37,645.9240 19.0516 39,528.2202 20.0042 41,504.6312 21.0044 1/1/2025 1976 TEAMSTERS PT RECREATION LEADER I PT2 33,495.5247 16.9512 35,170.3009 17.7987 36,928.8160 18.6887 38,775.2568 19.6231 40,714.0196 20.6043 42,749.7206 21.6345 7/1/2023 1976 TEAMSTERS PT RECREATION LEADER II PT7 38,830.3560 19.6510 40,771.8738 20.6335 42,810.4675 21.6652 44,950.9909 22.7485 47,198.5404 23.8859 49,558.4674 25.0802 7/1/2023 1976 TEAMSTERS PT RECREATION LEADER III PT11 43,704.0566 22.1174 45,889.2594 23.2233 48,183.7224 24.3845 50,592.9085 25.6037 53,122.5539 26.8839 55,778.6816 28.2281 7/1/2023 1976 TEAMSTERS PT RECREATION SPECIALIST PT4 35,535.3322 17.9835 37,312.0988 18.8826 39,177.7037 19.8268 41,136.5889 20.8181 43,193.4184 21.8590 45,353.0893 22.9520 7/1/2023 1976 Last Revised 01/01/2025
Adopted by City Council 01/28/2025
STEP 5 STE P 6
FY 2024-2025 SALARY SCHEDULE
STEP 1 STEP 2 STEP 3 STEP 4
750
Position Grade Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Administrative Services Director/City
Clerk/Assistant City Manager 54A 146,865.0144$ 74.3244$ 154,208.0280$ 78.0405$ 161,918.3800$ 81.9425$ 170,014.4472$ 86.0397$ 178,515.1992$ 90.3417$ 187,440.9888$ 94.8588$ Chief of Police/Assistant City Manager 57A 185,007.3472$ 93.6272$ 194,257.7936$ 98.3086$ 203,970.6240$ 103.2240$ 214,169.1552$ 108.3852$ 224,877.6920$ 113.8045$ 236,121.5272$ 119.4947$ City Clerk/Assistant City Manager 51A 116,586.1736$ 59.0011$ 122,415.5712$ 61.9512$ 128,536.4288$ 65.0488$ 134,962.9736$ 68.3011$ 141,711.4088$ 71.7163$ 148,796.7520$ 75.3020$ City Manager CM 250,799.9500$ 120.5769$
City Clerk/PIO/Assistant City Manager 52A 125,912.6960$ 63.7210$ 132,208.4296$ 66.9071$ 138,818.9400$ 70.2525$ 145,759.6400$ 73.7650$ 153,047.9184$ 77.4534$ 160,700.1760$ 81.3260$ Community Development
Director/Assistant City Manager 56A 171,303.3920$ 86.6920$ 179,868.5616$ 91.0266$ 188,861.9304$ 95.5779$ 198,305.0368$ 100.3568$ 208,220.2096$ 105.3746$ 218,631.1608$ 110.6433$ Deputy City Manager/Assistant City
Manager 57A 185,007.3472$ 93.6272$ 194,257.7936$ 98.3086$ 203,970.6240$ 103.2240$ 214,169.1552$ 108.3852$ 224,877.6920$ 113.8045$ 236,121.5272$ 119.4947$ Finance Director/Assistant City Manager 56A 171,303.3920$ 86.6920$ 179,868.5616$ 91.0266$ 188,861.9304$ 95.5779$ 198,305.0368$ 100.3568$ 208,220.2096$ 105.3746$ 218,631.1608$ 110.6433$ Municipal Services Director/Assistant City
Manager 54A 146,865.0144$ 74.3244$ 154,208.0280$ 78.0405$ 161,918.3800$ 81.9425$ 170,014.4472$ 86.0397$ 178,515.1992$ 90.3417$ 187,440.9888$ 94.8588$ Parks & Recreation Director/Assistant City
Manager 54A 146,865.0144$ 74.3244$ 154,208.0280$ 78.0405$ 161,918.3800$ 81.9425$ 170,014.4472$ 86.0397$ 178,515.1992$ 90.3417$ 187,440.9888$ 94.8588$ Public Works Director/City
Engineer/Assistant City Manager 57A 185,007.3472$ 93.6272$ 194,257.7936$ 98.3086$ 203,970.6240$ 103.2240$ 214,169.1552$ 108.3852$ 224,877.6920$ 113.8045$ 236,121.5272$ 119.4947$ Real Property Manager/Assistant City
Manager 52A 125,912.6960$ 63.7210$ 132,208.4296$ 66.9071$ 138,818.9400$ 70.2525$ 145,759.6400$ 73.7650$ 153,047.9184$ 77.4534$ 160,700.1760$ 81.3260$ FY 2022-2023 SALARY SCHEDULE
Effective July 1, 2022
Executive Level Employees with Assignment of Assistant City Manager and City Manager STEP 6STEP 5STEP 1 STEP 2 STEP 3 STEP 4
751
Effective Annual Hours
7/1/2022 1976
7/1/2022 1976
1976
7/1/2022 2080
7/1/2022 1976
7/1/2022 1976
7/1/2022 1976
7/1/2022 1976
7/1/2022 1976
7/1/2022 1976
7/1/2022 1976
7/1/2022 1976
752
Position Grade Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Annual Hourly Administrative Services Director/City
Clerk/Assistant City Manager 54A 153,473.7464$ 77.6689$ 161,147.3448$ 81.5523$ 169,204.8800$ 85.6300$ 177,665.1240$ 89.9115$ 186,548.4296$ 94.4071$ 195,875.7424$ 99.1274$ Chief of Police/Assistant City Manager 57A 193,332.8280$ 97.8405$ 202,999.4200$ 102.7325$ 213,149.3416$ 107.8691$ 223,806.8976$ 113.2626$ 234,997.1832$ 118.9257$ 246,747.0720$ 124.8720$ City Clerk/Assistant City Manager 51A 121,832.4536$ 61.6561$ 127,924.2640$ 64.7390$ 134,320.5760$ 67.9760$ 141,036.4072$ 71.3747$ 148,088.1584$ 74.9434$ 155,492.6256$ 78.6906$ City Clerk/PIO/Assistant City Manager 52A 131,578.8760$ 66.5885$ 138,157.7704$ 69.9179$ 145,065.6688$ 73.4138$ 152,318.9720$ 77.0845$ 159,934.8712$ 80.9387$ 167,931.5456$ 84.9856$ City Manager CM 262,086.03$ 126.0029$
Community Development
Director/Assistant City Manager 56A 179,011.9656$ 90.5931$ 187,962.6528$ 95.1228$ 197,360.7064$ 99.8789$ 207,228.6528$ 104.8728$ 217,590.0064$ 110.1164$ 228,469.6648$ 115.6223$ Deputy City Manager/Assistant City
Manager 57A 193,332.8280$ 97.8405$ 202,999.4200$ 102.7325$ 213,149.3416$ 107.8691$ 223,806.8976$ 113.2626$ 234,997.1832$ 118.9257$ 246,747.0720$ 124.8720$ Finance Director/Assistant City Manager 56A 179,011.9656$ 90.5931$ 187,962.6528$ 95.1228$ 197,360.7064$ 99.8789$ 207,228.6528$ 104.8728$ 217,590.0064$ 110.1164$ 228,469.6648$ 115.6223$ Municipal Services Director/Assistant City
Manager 54A 153,473.7464$ 77.6689$ 161,147.3448$ 81.5523$ 169,204.8800$ 85.6300$ 177,665.1240$ 89.9115$ 186,548.4296$ 94.4071$ 195,875.7424$ 99.1274$ Parks & Recreation Director/Assistant City
Manager 54A 153,473.7464$ 77.6689$ 161,147.3448$ 81.5523$ 169,204.8800$ 85.6300$ 177,665.1240$ 89.9115$ 186,548.4296$ 94.4071$ 195,875.7424$ 99.1274$ Public Works Director/City
Engineer/Assistant City Manager 57A 193,332.8280$ 97.8405$ 202,999.4200$ 102.7325$ 213,149.3416$ 107.8691$ 223,806.8976$ 113.2626$ 234,997.1832$ 118.9257$ 246,747.0720$ 124.8720$ Real Property Manager/Assistant City
Manager 52A 131,578.8760$ 66.5885$ 138,157.7704$ 69.9179$ 145,065.6688$ 73.4138$ 152,318.9720$ 77.0845$ 159,934.8712$ 80.9387$ 167,931.5456$ 84.9856$ Adopted by City Council 01/28/2025
FY 2023-2024 SALARY SCHEDULE
Executive Level Employees with Assignment of Assistant City Manager and City Manager Effective July 1, 2023
STEP 6STEP 5STEP 1 STEP 2 STEP 3 STEP 4
753
Effective Annual Hours
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
7/1/2023 2080
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
7/1/2023 1976
754
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 28, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks and Recreation Director
SUBJECT: Fourth of July Fireworks Discussion
RECOMMENDED ACTION:
Staff recommends that the City Council receive this report, discuss, and provide direction to staff.
EXECUTIVE SUMMARY:
As directed by the City Council , staff has begun planning t his year ’s Fourth of July fireworks celebration on Bayfront Boulevard, at the intersection of John Muir Parkway and Bayfront Blvd . Since 2022, the fireworks show in Hercules has drawn thousands of spectators in Hercules and surrounding cities to the Bayfront. This has resulted in increased traffic congestion on city streets before and after the event and concerns about managing a growing crowd in an area of the City with limited ingress and egress.
This staff report seeks feedback from the City Council on whether to proceed w ith the fireworks show this year on July 4th or consider working with the Rotary to co -sponsor a Fourth of July Parade, 5K Fun Run, and Fair at Refugio Valley Park.
BACKGROUND:
In 2021-22FY, the Hercules City Council budgeted $75,000 for a fireworks show to be launched from the Hercules Bayfront. The 20-minute show was enjoyed by a few thousand spectators. In 2022-23FY, the City Council allocated $50,000 for a f ireworks show in the same location, and the number of spectators attending the event doubled from the previous year.
755
In 2023-24FY, the Council again allocated $50,000 for a fireworks show on the Bayfront.
To address the preceding year's pedestrian safety and emergency access issues, the City closed Bayfront Boulevard. While the event was a success, concerns about crowd control remained challenging. This year, the City Council allocated $50,000 for a fireworks show in 2024-25.
ANALYSIS:
The City’s fireworks shows have been very successful over the past three years. Should the Council wish to continue with fireworks this year, staff anticipates that the event will be similar to those in the past few years . However, spectators traveling to the site may increase. Managing the steadily increasing crowd near the launch site with limited ingress and egress would require an enhanced strategy and additional resources.
As an alternative for consideration, the Council could co -sponsor a Fourth of July Celebration with the Rotary Club . Before the pandemic, Rotary and Celebrate Hercules hosted a parade from Redwood to Refugio Valley Park, a 5K fun run, and a Fair at Refugio Valley Park featuring local entertainment, vendors, games, and live animals. Rotary has approached staff with the desire to bring these events back to Refugio Valley Park f or Fourth of July. Rotary has been holding a 5K run on the Bayfront since 2021 but would prefer the run to return to the park. In this scenario, the Council could repurpose a portion of the funding allocated for a fireworks show to help Rotary re-establish this Fourth of July tradition at Refugio Valley Park. Should the Council desire to explore this alternative further, staff will work with the Rotary Club to re -establish and co-sponsor the Fourth of July events at Refugio Valley Park and return to the City Council with refined details and costs.
With the remaining redirected funds, the Council could consider an expanded holiday celebration in December 2025 to celebrate the City’s 125th Anniversary, including an ice skating rink at City Hall for the month. Should the Council desire to explore this option further, staff will return to provide refined details and estimated costs for review and approval.
FISCAL IMPACT:
Since the City Council allocated $50,000 for fireworks in the FY 2024-25 Budget, there is no fiscal impact if staff moves forward with the fireworks show as planned. If the City Council chooses to repurpose these funds to co-sponsor a Fourth of July Celebration with the Rotary Club and/or an expanded holiday celebration in December, staff will return at a later date with refined details and costs for consideration.
756
ATTACHMENTS:
1. None
Financial Impact
Description: Fireworks $50,000 FY 2024-25 Budget
Funding Source: General Fund 100-5510-611.90-00
Budget Recap:
Total Estimated cost: $50,000 New Revenue: $0
Amount Budgeted: $50,000 Lost Revenue: $0
New funding required: $0 New Personnel: $0
Council Policy Change: Yes No
757
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 28, 2025
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Christopher Roke, Parks and Recreation Director SUBJECT: FY 24-25 Co-sponsored Special Events Update
RECOMMENDED ACTION:
Staff recommends that the City Council receive an update on special events co - sponsored by the City and the Bay Front Chamber of Commerce during FY 24-25.
BACKGROUND:
As directed by the City Council, staff collaborated with the Bayfront Chamber of Commerce on various Special Events to be held in Hercules for FY 24 -25. The events include National Night Out, Bay Front Festival, Crab Feed, Lunar New Year, and the Cultural Festival.
In FY 21-22, the City Council budgeted $25,000 to enter into a co-sponsorship agreement with the Bayfront Chamber of Commerce to lead a series of co-sponsored special events.
In FY 22-23, $35,000 was again allocated to a co -sponsorship agreement with the Chamber to provide a series of events, including National Night Out , the Bay Front Festival, Bottles and Bites , and the Cultural Fes tival. Another $35,000 was allocated i n FY 23 -24 for co-sponsored special events with the direction from the City Council to replace the Bottles and Bites event funded in the previous year with a Crab Feed event to allow other City-recognized nonprofit groups to generate funds through ticket sales.
In FY 24-25, the City Council allocated $45,000 for co-sponsored special events with the Chamber and added a new event to celebrate the Lunar New Year in addition to National Night Out, Bayfront Festival, Crab Feed, and Cultural Festival.
758
Staff returns tonight to provide a status update on the events that have taken place to date and to provide information about events that will occur within this fiscal year. Overall, the special events for FY 24-25 continue to be very well attended by the community.
ANALYSIS:
The City of Hercules is fortunate to have worked with the Bayfront Chamber over the past several years to bring additional special events to the City. Without the Chamber's assistance, the City could not produce these events for the community. A ll the co - sponsored special events have been well received and well attended by the community.
As of this report, the first three events have been held, and the new Lunar New Year event is this Sunday, February 2, 2025.
FISCAL IMPACT:
There is no additional fiscal impact associated with this report. As mentioned above, $45,000 has been allocated in the FY 24-25 Annual Budget for five co-sponsored special events.
ATTACHMENTS:
1. Special Events Agreement with Chamber and Expenditures to date FY24-25
Financial Impact
Description: Expenditure amount not to exceed $45,000.
Funding Source: General Fund 100-5510-611.90-00
Budget Recap:
Total Estimated cost: $45,000 New Revenue: $0
Amount Budgeted: $45,000 Lost Revenue: $0
New funding required: No New Personnel: $0
Council Policy Change: Yes No
759
760
761
762
763
764
765
766
REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of January 28, 2025
TO: Mayor and Members of the City Council
SUBMITTED BY: Dante Hall, City Manager
SUBJECT: Programs and Initiatives to Encourage Residents to be Involved in Civic Affairs
RECOMMENDED ACTION:
It is recommended that the City Council receive this report, discuss the information contained, and provide direction to staff.
BACKGROUND:
As part of the adopted 2024-2026 Hercules City Council Strategic Goal Workplan, the City Council established a goal to Improve Community Transparency and Communication. One objective of that goal is to “Encourage residents to be involved in civic affairs.” This report is intended to identify tools currently used to promote community engagement and ideas for enhancement for the City Council's discussion and consideration.
ANALYSIS:
While there are some technical problems that city government may be well equipped to address without extensive engagement, there are few public problems that city government can solve all on its own. Interacting with citizens as collaborators rather than customers can lead to more mutually satisfying and productive engagement. Authentic civic engagement is not one -way marketing to citizens by their government. Nor is it a one-way demand lodged at the government by its citizens. It is a two-way partnership where citizens work with and through government to improve their community. There are no standards or precise definitions of how this should work. But, if done correctly, civic engagement can foster a sense of belonging, promote active partici pation, and build stronger connections among residents.
767
In Hercules, several tools are currently used to engage the communit y, such as recreational activities, community events, workshops on essential topics, digital/social media publications, and volunteer programs. These tools work collaboratively to increase citizen participation in public affairs by connecting neighbors to each other, raising their awareness of City issues, and fostering trust. The chart below identifies a partial list of the tools used by the City in the recent past to engage its residents. ,
ENGAGEMENT CATEGORY TOOLS
Cultural and Recreational Events
National Night Out
Cultural Festival
Trunk or Treat
Holiday Tree Lighting
Fourth of July Fireworks
Annual Crab Feed
Community Meetings, Workshops, and
Pop-Ups
Parks Master Plan,
State of the City
Budget Workshop
Local Road Safety Plan
Beechnut Park Design Pop-Ups
Refugio Park Shade Structure Design Pop-
Ups
Business Roundtable
Police Academy
Online and Printed Engagement
Platforms
Facebook
NextDoor
Instagram
Hercules Herald
Hercules Connect
Hercules Activity Guide
Community Surveys
Volunteer Programs
Community Clean-Up/Household
Hazardous Waste Event
Team Up To Clean Up
Bay Trail Clean Up
Adopt A Park And Adopt A Trail
Senior Center Volunteers
Rotary Club Interact Program
Herculean Mile Volunteer Recognition
Program
Staff recommends that the City continue and enhance many of the engagement activities listed in the chart above. Should the City Council desire to provide more opportunities to engage the community, staff proposes the following ideas for discussion:
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Citizen Academy
Many cities have established citizen academies to encourage active participation. Citizen academies have helped acquaint and inform residents about municipal operations, local public agency services, key community issues, and the multiple perspectives framing those issues.
The City could establish a citizen academy through interactive sessions primarily focused on City services, leadership, and quality of life issues. Bringing diverse residents together in a learning environment can foster connection , build a more united community , and empower them to take on community leadership roles.
A potential curriculum for a citizen academy could include topics such as City Governance 101, City budge ting and finances , leadership development, public safety, emergency preparedness, and critical i nfrastructure. The program could be delivered through in- person and/or virtual workshops, City facility tours, and guest speaker presentations from City staff.
Neighborhood Connections
Homeowner Associations (HOAs) can play a crucial role in promoting civic engagement within communities. Part of the city’s civic engagement strategy could include fostering more engaged and connected neighborhoods by encouraging active participation, transparent communication, and collaborative initiatives through HOAs. The City could work with interested HOAs to facilitate better communication and engagement through targeted social gatherings, regular “check-ins,” and information sharing. Should the City Council desire to explore this option further, it could start with a meeting (or group of meetings) with HOA representatives to discuss community concerns, upcoming projects, city services, community events , and volunteer opportunities in areas that improve their neighborhoods and the community. By engaging with HOAs, the City can create a more cohesive and responsive community, addressing local issues and promoting active participation among residents.
FISCAL IMPACT:
There is no fiscal impact associated with receiving this report. If the City Council directs staff to pursue any conceptual idea presented in this report, staff will return with refined programmatic details and financial impact information for the City Council to consider.
ATTACHMENTS:
None
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