The assessment ballot proceeding allows property owners within Contra Costa County to decide if assessments may be levied on property for park, recreation and open space purposes, such as:

· State and Regional Parks

· Neighborhood Parks and Urban Recreation

· Creeks, Streams and Watersheds

· Open Space and Undeveloped Lands

· Farmlands

· Historic Structures and Cultural Resources

· Shorelines and Marshes of the Bay and Delta

· Trails and Public Access to Recreational Areas

· Wildlife Habitat and Wildlife Corridors

If approved, the proposed assessment would raise approximately $8,366,000 in fiscal year 2004-05 to be used for park, recreation facilities and open space purposes throughout Contra Costa County.

2) Why did I receive a ballot?

Ballots have been mailed to all property owners who would be asked to pay the proposed parks and open space assessment. This mailed ballot proceeding gives property owners the opportunity to vote on this proposed assessment. Please review the notice included with your ballot for more information.

3) Why is this being decided by mailed ballot?

Proposition 218, the “Taxpayers Right to Vote On Taxes Act,” which was approved by voters in 1996 as an amendment to the California Constitution, requires a mailed ballot proceeding for any proposed new or increased assessment. This assessment ballot proceeding is being conducted according to the requirements established by Proposition 218.

4) What is the Contra Costa County Open Space Funding Authority and what is its role in this measure?

This measure is proposed by the Contra Costa County Open Space Funding Authority (“Authority”), a joint powers authority created by the County and the East Bay Regional Park District to fund acquisitions, improvements and maintenance of land for park, recreation and open space purposes. If this measure is approved, representatives from the County and the Park District would serve as the governing board of the Authority and would manage the funds from the measure.

5) How would assessment funds be spent?

An overview of how funds would be spent is provided in the response to question 1. Detailed information on how the assessment funds would be spent is included in the following documents:

· Engineer’s Report; and

· Framework for An Open Space Protection and Enhancement Funding Measure for Contra Costa County and the related map, Overview of Spending Priorities: Open Space Protection and Enhancement Funding Measure

The above documents are available for public review by calling the Contra Costa County Open Space Funding Authority at (925) 335-1232, or visiting http://www.cocoopenspace.org/.

Public accountability and fiscal controls include the following:

· 3% of the funds received by the Authority may be used for administration. The remaining 97% of the funds would be used for projects;

· A Citizens’ Oversight Committee;

· The assessment funds raised would be spent in the same area in which they were raised;

· Annual audits; and

· Annual public hearings and public reviews.

6) Is there a public hearing on the proposed assessment?

A public hearing will be held by the Authority on Tuesday, July 27, 2004, commencing at 1:00 p.m. in the Contra Costa County Board of Supervisors’ Board Chambers, located at 651 Pine Street, Martinez, California.

7) When will results of the assessment ballot proceeding be known?

Tabulation of the returned ballots will commence after the close of the public testimony portion of the hearing. Results of the tabulation are expected to be announced at the Authority Governing Board meeting tentatively scheduled to commence at 1:00 p.m. on August 10, 2004, at the same location as the public hearing.

COMPLETING AND RETURNING BALLOTS

8) Overview of how to complete and return your ballot.

Your official ballot must be signed, marked “Yes” or “No,” and returned to the Authority either by mail or by hand delivery at the July 27, 2004 public hearing. To be tabulated, completed ballots must be received by the Authority before the conclusion of the public testimony portion of the public hearing, which begins at 1:00 p.m. on July 27, 2004.

9) How do I complete my ballot?

Please follow these steps to complete the ballot:

1. Verify that the owner name, address(es), and parcel number(s) listed on the ballot are correct. If they are not correct, please telephone the Contra Costa County Open Space Funding Authority at (925) 335-1232.

2. Completely fill in the oval next to the word “YES” or “NO” to approve or disapprove of the proposed assessment. You may use a pencil or pen. Be sure to fill in only one oval. Otherwise, your ballot may be disqualified.

3. Sign and date the ballot. After making your vote, simply FOLD the ballot so that your vote is on the inside of the fold. Then place the ballot in the return envelope provided and seal the envelope.

If you make a mistake in completing your ballot or wish to change or withdraw your ballot, please submit a written request to the Secretary, Contra Costa County Open Space Funding Authority, 651 Pine St., 4th Fl.-North Wing, Martinez, CA 94553 (fax: 925-335-1349).

Please see the Official Notice of Ballot for further information.

10) How do I return my ballot?

You may return your ballot in either of the following ways:

1. Mail it to the address shown in the enclosed, postage-paid return envelope so it is received on or before July 27, 2004.

2. Deliver it in person to the July 27, 2004, public hearing. The public hearing is scheduled to begin at 1:00 p.m. on Tuesday, July 27, 2004, in the Contra Costa County Board of Supervisors Board Chambers, located at 651 Pine Street, Martinez, California.

11) What is the deadline for returning my ballot?

To be counted, ballots must be received by the Authority before the close of the public testimony portion of the public hearing, scheduled to begin at 1 p.m. on Tuesday, July 27. This deadline applies regardless of whether of the ballot is mailed or hand-delivered.

12) If my ballot has a July 27, 2004 postmark, will it be counted?

Not necessarily. By law, only ballots received by the Authority before the close of the public testimony portion of the July 27, 2004, public hearing may be counted. The public hearing is scheduled to begin at 1 p.m. on Tuesday, July 27, 2004.

13) Can I hand-deliver my ballot before July 27?

No. Ballots may only be hand-delivered at the public hearing on July 27, 2004.

14) Why must I sign the ballot?

By law, to be tabulated, assessment ballots must be completed and signed by the record property owner of the parcel(s) identified on the ballot or by the owner’s authorized representative. Unsigned ballots cannot be counted.

15) Who can sign the ballot?

If the property is owned by an individual, the individual may sign.
If a property is owned by a husband and wife, either may sign for both.
If two or more persons own the property as joint tenants or tenants in common, any co-owner may sign for all.
If the property is owned by a corporation, the ballot may be signed by any corporate officer. It also may be signed by any other person authorized by a resolution or minutes of the corporation’s board of directors or the corporation’s bylaws.
If the property is owned by a partnership, the ballot may be signed by any partner authorized by law. For a general partnership or limited partnership, any general partner may sign.
If the property is owned by a public agency, the ballot may be signed by the chair, mayor or other head of the governing body. It may also be signed by any other person authorized by a resolution, board order, or minutes of the governing body.
If a property is owned by another legal entity, such as a trust or limited liability company, the ballot may be signed by any person authorized by law to make contracts for the entity.

16) I own several properties. Why did I receive only one ballot?

Ballots can list up to ten parcel numbers. They appear on the back side of your ballot, opposite of where your name is printed. Property owners who own more than one parcel with the same mailing address in the County received one ballot with up to ten of their parcels listed on the back side of the ballot as well as the proposed assessment for each property. When you cast your ballot, you are casting your ballot for all of the properties listed on the ballot.

17) What if a parcel has multiple owners? May the owners vote separately?

If a parcel has multiple owners, one owner may complete and sign a ballot on behalf of all owners. However, if an owner wishes to vote separately from the other owners of a parcel, an owner may request a proportional ballot. To request a proportional ballot, submit a written request to the Secretary, Contra Costa County Open Space Funding Authority, 651 Pine St., 4th Floor-North Wing, Martinez, CA 94553 (fax: 925-335-1349) (see sample request for proportional ballot). If the ownership interest of the owner is not shown on the last equalized secured property tax assessment roll, a request for a proportional ballot must include evidence, satisfactory to the Authority, of the owner's proportional rights in the parcel.

18) My ballot was lost or destroyed or I never received it. How do I request a replacement ballot?

If your ballot was lost, destroyed or never received by you, you may request a replacement ballot. To request a replacement ballot, submit a written request to the Secretary, Contra Costa County Open Space Funding Authority, 651 Pine St., 4th Floor-North Wing, Martinez, CA 94553 (fax: 925-335-1349) (see sample request for replacement ballot).

19) May I request that my replacement ballot be sent to an address other than the address listed in the Contra Costa County property roll?

Yes. If the mailing address on the property roll is not your current mailing address, your written request for a replacement ballot must provide proof of ownership and a current mailing address for a ballot to be sent to that new address (see sample request for replacement ballot).

20) May I withdraw my ballot after it is submitted?

Yes. The person who signed and submitted a ballot may withdraw the ballot by submitting a written request to the Secretary, Contra Costa County Open Space Funding Authority, 651 Pine St., 4th Floor-North Wing, Martinez, CA 94553 (fax: 925-335-1349). Any such request for the withdrawal of a ballot must be received before the conclusion of the public testimony portion of the public hearing (see sample request to withdraw ballot).

21) May I change my vote after my ballot has been submitted?

Yes. You may change your vote by performing the following two steps:

Withdraw the previous ballot. The person who signed and submitted a ballot may withdraw the ballot by submitting a written request to the Secretary of the Contra Costa County Open Space Funding Authority at the address listed below. Any such request for the withdrawal of a ballot must be received before the conclusion of the public testimony portion of the public hearing.

Request a replacement ballot. To request a replacement ballot, submit a written request to the Secretary of the Contra Costa County Open Space Funding Authority at the address listed below.

Submit a written request to withdraw your ballot and request a replacement ballot to the Secretary, Contra Costa County Open Space Funding Authority, 651 Pine St., 4th Floor-North Wing, Martinez, CA 94553 (fax: 925-335-1349) (see sample request to withdraw ballot and request a replacement ballot).

22) Are returned ballots confidential?

No. By law, returned ballots are a public record and may be inspected by the public during and after tabulation of the ballots.

AMOUNT AND TERM OF ASSESSMENT

23) How much is this assessment?

The proposed assessment for your property for fiscal year 2004-05 is printed on your Official Ballot. The proposed assessments would raise approximately $8,366,000 for fiscal year 2004-05.

24) Proposed assessment rates by property type.

The assessment rates by property type are provided in the following table. Most properties are located within Zone A. Properties in the areas where assessment funds would be used to acquire additional undeveloped lands are determined to receive twice the relative benefit and assessment, and are in Zone B.

1. The rates listed are applied per 1/4 acre for the first five acres of parcel size and per acre for any parcel acreage in excess of five acres.

2. The rates listed are applied per dwelling unit for the first 20 units. Any units in excess of 20 would be assessed at the rate of $2.50 per additional unit in Zone A and $5.00 per additional unit in Zone B.

25) Can the amount of the assessment be adjusted for inflation in future years?

Yes. The assessment rate can be adjusted by an annual amount equal to the change in the Bay Area Consumer Price Index, not to exceed 3% per year. In the event that the annual change in the CPI exceeds 3%, any percentage change in excess of 3% can be cumulatively reserved and can be added to the annual change in the CPI for years in which the CPI change is less than 3%.

26) How long will the assessment last?

The assessment, which is initially proposed for the fiscal year 2004-05, may be continued on an annual basis upon a majority vote of Authority Governing Board for up to 30 years.

27) How was the assessment determined?

The proposed assessment for each parcel is based on the estimated level of special benefit the parcel receives from the parks, open space, recreation facilities and other improvements to be funded by the assessments. The types of special benefits may include protection of views, scenery and other resource values and environmental benefits; improved and protected water and air quality, enhancement of water resources and reduction of water pollution; reduction of additional traffic congestion and other negative impacts caused by urban sprawl and growth; enhanced recreational opportunities and expanded access to recreational facilities; increased economic activity; expanded employment opportunity; enhanced protection of property through reduction of the risk of fire and reduced cost of local government; enhanced quality of life and desirability of the area; and specific enhancement of property values.

In order to determine the assessment, each property was assigned an estimated level of special benefit relative to a single family home. The method of benefit determination is based on the type of property, its location and its size. After the level of benefit for each property was estimated, the total cost of the parks, open space, recreation facilities and other improvements to be funded by the proposed assessments was allocated to each property based on the estimated special benefit received.

An engineer’s report describing the proposed improvements, method of assessment, budgets, benefits and proposed assessment for each parcel is available for review from the Contra Costa County Open Space Funding Authority at 651 Pine Street, 4th Floor-North Wing, Martinez, California 94553; telephone (925) 335-1232; or www.cocoopenspace.org.

BALLOT TABULATION

28) How will ballots be tabulated?

Only official ballots that are signed, marked with the property owner’s support or opposition, and returned in a timely manner to the Authority, will be counted. Ballots will be tabulated by an independent accounting and auditing firm, Carol Keane & Associates. The Authority will not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of the July 27, 2004, public hearing, ballots submitted in opposition to the assessment exceed ballots submitted in favor of the assessment. Ballots shall be weighted according to the proportional financial obligation of the affected property.

29) How many ballots must be cast in favor of the proposed assessments for the assessment to be collected?

In order to be approved, the proposed assessments must be supported by a weighted majority of ballots returned by property owners.

30) How are ballots weighted during tabulation?

Each ballot is weighted by the amount of assessment it represents. For example, if one owner of two parcels receives a ballot for $50 in proposed assessment ($25 per parcel, multiplied by two) and another owner of one parcel receives a ballot for $25 in proposed assessment, the first owner’s ballot will count for twice that of the second owner because the first property owner’s ballot is for twice the proposed assessment amount.

ADDITIONAL INFORMATION

For additional information concerning the proposed Contra Costa County Open Space Funding Authority, Parks and Open Space Protection and Preservation District, the proposed assessment or this assessment ballot proceeding, please call the Contra Costa County Open Space Funding Authority at (925) 335-1232, or visit http://www.cocoopenspace.org/.

Some key documents and a summary of the information they contain are listed below.

1. Framework for An Open Space Protection and Enhancement Funding Measure for Contra Costa County (“Framework”): The Framework was approved by the Authority on May 25, 2004. It is the guiding policy document for the measure and describes the reasons the measure is proposed, the allocations of funds over 30 years, the process to be used to administer the measure, and the manner in which the measure would be implemented.

2. Map that accompanies the Framework, “Overview of Spending Priorities: Open Space Protection and Enhancement Funding Measure”: This map was approved by the Authority on May 25, 2004. It provides a geographic overview of how assessment funds would spent over 30 years.

3. Preliminary Engineer’s Report: The Preliminary Engineer’s Report provides the basis for creating the assessment district, describes how assessment funds would be spent, apportions the benefits of the measure to properties in the County, and determines how much these properties would be assessed if the measure were to pass.

4. Authority Resolution 2004-01: Resolution 2004-01 was approved by the Authority on May 25, 2004. This resolution initiates formation of the assessment district and the assessment ballot proceeding, preliminarily approves the Preliminary Engineer’s Report, and schedules a public hearing on the assessment district formation for July 27, 2004, at 1 p.m.

5. Authority Resolution 2004-02: Resolution 2004-02 was approved by the Authority on May 25, 2004. This resolution establishes the procedures the Authority will follow in administering the assessment ballot proceeding.

6. Joint Exercise of Powers Agreement: The agreement between the East Bay Regional Park District and Contra Costa County that created the Contra Costa County Open Space Funding Authority, the entity that is conducting the assessment ballot proceeding.

7. Archive: The Contra Costa County Advisory Committee on Open Space Funding and the formulation of the park and open space funding measure.

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