HomeMy WebLinkAboutMINUTES - 07182006 - SD.6 SD.6
07/18/06
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 18, 2006 by the following vote:
AYES: Supervisors Uilkema, Piepho, DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
SD.6 OPENED and CONTINUED to August 8, 2006 at 10:00 a.m the public hearing to consider
.formation of a community facilities district to fund public works maintenance services in the Bella
:Elora subdivision, North Richmond area; adoption of Resolutions No. 2006/431, 2006/432, and
2006/433 relating to the establishment of the District, calling for a special election, and declaration
of the results of the special election; introduction and first reading of Ordinance No. 2006-32
authorizing the levy of taxes within the new District; and taking related actions.
I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
ENTERED ON THE MINUTES OF THE BOARD OF
SUPERVISAONDATE SSHOWN.
ATTESTEDof the Board of Supervisors
istrator
By --deputy
Contra
Costa
County
TO: BOARD OF SUPERVISORS r `ate
FROM: Dennis M. Barry,AICP
Community Development Director
DATE: July 18, 2006
SUBJECT: North Richmond Area Maintenance Services Community Facilities District
SPECIFIC REQUEST(S)OR RECOMMENDATIONS(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
As the Board of Supervisors:
1. HOLD Public Hearing on the formation of a community facilities district to fund public
works Maintenance Services in the North Richmond area;
2. ADOPT resolutions relating to establishment of a Maintenance Services Mello-Roos
Community Facilities in the North Richmond area,including:
• A Resolution of Formation of Contra Costa County Community Facilities District
No.2006-1 (North Richmond Area Maintenance Services);and
A Resolution Calling for Special Election Within Community Facilities District No.
2006-1 (North Richmond Area Maintenance Services);
3. CONDUCT Special Election,and announce results;and
4. ADOPT actions relating to establishment of a North Richmond Area Maintenance
services Mello-Roos Community Facilities District in the North Richmond area,including:
• A Resolution Declaring Results of Special Election and Directing Recording of
Notice of Special Tax Lien;and
First reading of Ordinance entitled"Ordinance Levying Special Taxes within the
County of Contra Costa Community Facilities District No. 2006-1 (North
Richmond Area Maintenance Services).
i
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY Ar MINISTRATO RECO ENDATION OF OARD
COMMITTEE APPROVE OTHER
SIGNATURE(S).
ACTION OF BO bN APPRO D AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Jim Kennedy
5-7225
orig: Community Development
cc: County Administrator ATTESTED_
County Counsel JOHN SWEETEN, CLERK OF THE
Treasurer-Tax Collector BOARD OF SUPERVISORS
Auditor-Controller AND THE COUNTY ADMINISTRATOR
Public Works Special Districts
Comm. Dev.-Land Dev. Deputy Director
via: Redevelopment
*Quint&Thimmig BY , DEPUTY
• KB Homes
G:\CDBG-REDEV\redev\LNoble\Personal\Board Orders and Greenies\BOARD.BellaFlora.7.06.doc 1
J '
FISCAL IMPACT
None.All costs of establishing the North Richmond Area Maintenance Services Community Facilities District
are paid by the involved developer and the Redevelopment Agency,and all costs of administering the District
are covered by the voter,approved special tax.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Mello-Roos Community Facilities Districts are a mechanism to finance infrastructure and services for
approved development projects. A voter approved special tax may be used to pay for eligible services,or to
pay debt service on tax-exempt bonds issued by the District. The County adopted financing policies for
Community Facilities District on September 13,1994.
KB Home, the developer of the Bella Flora project in North Richmond, is obligated by condition of
development approval 78a to participate in a mechanism that would generate funds for maintenance of Public
Works Facilities in North Richmond. The tax for services would be indexed for inflation, and would be
permanent. It has been determined that the best vehicle for generating the service tax is through a Mello-
Roos Community Facilities District proceeding. Bella Flora is a 173 lot residential subdivision. The Tentative
map is approved, as is the Preliminary and Final Development Plan. In order to record a final map the
developer must,among other things,satisfy the condition of approval related to a public works service tax. In
addition,the proposed Community Facilities District is being set-up so that the entire unincorporated North
Richmond will be within its boundaries. Only the Bella Flora Project will have special tax at this time.
Subsequent new developments within the North Richmond community will be able to annex to the District in
an expeditious manner in the future as they develop. No currently occupied property will be levied a special
tax as a result of this proceedings.
On June 13,2006 the Board of Supervisors adopted a Resolution of Intention relating to the establishment of
a North Richmond Area Maintenance Service Community Facilities District(Resolution 2006/369),and set
July 18,2006 as the date for a public hearing on the establishment of the proposed Community Facilities
District,and actions related thereto.
The proceedings of July 18,2006 expressly ordered the preparation of a written Community Facilities District
Report which would contain a) a brief description of the services eligible to be funded by the Community
Facilities District;and b)an estimate of the fair and reasonable cost of providing the services,including County
administrative costs. The Community Facilities District Report included as Attachment A fulfills the
requirement.
Pursuant to the adopted financing policies for Community Facilities District, a County Debt Advisory
Committee, which consists of the County Administrator, the Auditor-Controller, and the Treasurer—Tax
Collector (or their designees), has reviewed the proposed establishment of the North Richmond Area
Maintenance Services special tax as proposed and found it in conformance with the applicable provisions of
the policies.
The recommended actions conform to the requirements of the Mello-Roos Community Facilities Act of 1982,
as amended(Chapter 2.5 of Part 1 of Division 2 of Title 5,commencing at Section 53311 of the California
Government Code).
G:\CDBG-REDEV\redev\LNoble\Personal\Board Orders and Greenies\BOARD.BellaFlora.7.06.doc 2
Quint&Thimnug LLP 7/5/06
7/11/06
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
COMMUNITY FACILITIES DISTRICT REPORT
CONTENTS
Introduction
A. Description of Services
B. Proposed Boundaries of the Community Facilities District
C. Cost Estimate
Exhibit A -Description of Services Eligible to be Funded by the CFD
Exhibit B - Services Cost Estimate
03007.16:J8919
/ A
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
INTRODUCTION. The Board of Supervisors (the `Board") of the County of Contra
Costa (the "County") did, pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (the "Law"),on June.13, 2006, adopt a resolution Declaring Intention to
Establish a Community Facilities District and to Authorize the Levy of Special Taxes
Pursuant to the Mello-Roos Community Facilities Act of 1982 - North Richmond Area
Maintenance Services" (the "Resolution of Intention"). In the Resolution of Intention, the
Board expressly ordered the preparation of a written Community Facilities District Report
(the "Report") for the proposed County of Contra Costa Community Facilities District No.
2006-1 (North Richmond Area Maintenance Services) (the "CFD").
The Resolution of Intention ordering the Report did direct that the Report generally
contain the following:
1.A brief description of the services eligible to be funded by the CFD; and
2. An estimate of the fair and reasonable cost of providing the services,
including the incidental expenses in connection therewith, including any County
administration costs and all other related costs.
For particulars, reference is made to the Resolution of Intention for the CFD, as
previously approved and adopted by the Board.
NOW, THEREFORE, I, the Deputy Director of Public Works of the County of
Contra Costa, do hereby submit the following data:
A. DESCRIPTION OF SERVICES. A general description of the services that the
Board has determined to be eligible to be funded by the CFD are as shown in Exhibit "A"
attached hereto and hereby made a part hereof.
B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
The proposed boundaries of the CFD are those properties and parcels on which special
taxies may be levied to pay for the costs of the services eligible to be funded by the CFD.
The proposed boundaries of the CFD are described in the map of the CFD recorded in
Book 80 on Page 11 (Document No. 06-0189999-00) of Maps of Assessment and Community
Facilities Districts at 11:13 a.m. on June 15, 2006, in the office of the County Recorder for the
County of Contra Costa, a copy of which map is on file with the Clerk of the Board. The
map also identifies the future annexation area, indicating territory that may be added to the
CFD in the future with the consents of the applicable landowners.
-2-
ff A
7
EXHIBIT A
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE CFD
Services:
The services to be funded, in whole or in part, by the CFD include all direct and incidental
costs related to providing the following services:
1. Parks and Parkway Maintenance Services. Maintenance and operation of parks
and parkways in the North Richmond Area including but not limited to the
Richmond Parkway, Goodrick Avenue, Parr Boulevard, Pittsburg Avenue, West
Gertrude Avenue, Brookside Drive, Central Avenue, Chesley Avenue, Market
Avenue and 3rd Street.
11. Open Space Services. Maintenance and operation of open space and natural
wild lands in the North Richmond Area owned or otherwise controlled by
Contra Costa County (the "County").
III. Flood and Storm Drainage Services. Maintenance and operation of flood and
storm drainage improvements in the North Richmond Area owned or otherwise
controlled by the County or the Contra Costa County Flood Control and Water
Conservation District (the "District").
The CFD may fund any of the following related to the services described in the preceding
paragraph: obtaining, constructing, furnishing, operating and maintaining equipment,
apparatus or facilities, paying the salaries and benefits of personnel (including but not
limited to maintenance workers, patrol guards .and other personnel), and for payment of
other related expenses (including but not limited to employee benefit expenses and an
allocation of general overhead expenses). Any services to be funded by the CFD must be in
addition to those provided in the territory of the CFD before the date of creation of the
CFD, and may not supplant services already available within that territory when the CFD is
created. Itis expected that the services will be provided by the County and/or the District,
either with their own employees or by contract with third parties, or any combination
thereof.
Administrative Expenses:
The direct and indirect expenses incurred by the County in connection with the
establishment and administration of the CFD (including, but not limited to, the levy and
collection of the special taxes) including the fees and expenses of attorneys, any fees of the
County related to the CFD or the collection of special taxes,an allocable share of the salaries
of County staff directly related thereto and a proportionate amount of the County's general
administrative overhead related thereto, any amounts paid by the County from its general
fund with respect to the CFD or the services authorized to be financed by the CFD, and
expenses incurred by the County in undertaking action to foreclose on properties for which
the payment of special taxes is delinquent, and all other costs and expenses of the County in
any way .related to the CFD.
A-1
J
EXHIBIT B
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
SERVICES COST ESTIMATE
It is expected that the costs of providing the services eligible to be funded by the
CFD will exceed, in each Fiscal Year, the maximum special tax that can be levied in the CFD
for such Fiscal Year. Specifically, it is expected that the costs of providing the eligible
services in Fiscal Year 2006-07 will exceed $120,000 (and the Maximum Special Tax for the
CFI) for Fiscal Year 2006-2007 is approximately $25,950); and the costs of providing the
eligible services in each future Fiscal Year will exceed an amount equal to the aggregate
Maximum Special Tax that may be levied in the CFD in each such Fiscal Year.
B-1
Jr
THE BOARD OF SU15ERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on by the following vote:
6E
AYES' .............o
NOES:
ABSENT:
ABSTAIN: c�SrA'coSKf�
Resolution No.2006/
In the Matter of Resolution of Formation of )
County of Contra Costa Community Facilities )
District No. 2006-1 (North Richmond Area )
Maintenance Services), and Authorizing the )
Levy of a Special Tax Within the CFD )
WHEREAS, on June 13, 2006, this Board of Supervisors (the "Board") of the County of Contra
Costa (the "County") adopted a resolution Declaring Intention to Establish a Community Facilities
District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community
Facilities Act of 1982 — North Richmond Area Maintenance Services (the "Resolution of Intention")
stating its intention to form the County of Contra Costa Community Facilities District No. 2006-1
(North Richmond Area Maintenance Services) (the "CFD") pursuant to the Mello-Roos Community
Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"); and
WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed
boundaries of the CFD and describing the services eligible to be funded by the CFD (the
"Services"), the cost of providing the Services, and the rate and method of apportionment of the
special tax to be levied within the CFD to pay costs of the Services (the "Rate and Method"),
and the possible future annexation of territory to the CFD is on file with the Clerk of the Board
and the provisions thereof are incorporated herein by this reference as if fully set forth herein;
and
WHEREAS, the Resolution of Intention called for a public hearing on the CFD and the possible
future annexation of territory to the CFD to be held on July 18, 2006 and on this date this Board
held the public hearing as required by the Law and the Resolution of Intention relative to the
proposed formation of the CFD and the possible future annexation of territory to the CFD; and
WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to
the formation of the CFD, the Services eligible to be funded by the CFD, the levy of the special
tax and the possible future annexation of territory to the CFD were heard and a full and fair
hearing was held; and
WHEREAS, at the hearing evidence was presented to this Board on the matters before it,
including a report by the Deputy Director of Public Works of the County as to the Services
eligible to be funded by the CFD and possible future annexation area, and the costs thereof, a
copy of which is on file with the Clerk of the Board, and this Board at the conclusion of the
hearing was fully advised regarding the CFD; and
WHEREAS, written protests with respect to the formation of the CFD and/or the furnishing of
specified types of Services as described in the Report have not been filed with the Clerk of the
Board by fifty percent (50%) or more of the registered voters residing within the territory of the
CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not
exempt from the special tax; and
WHEREAS, the special tar, proposed to be levied in the CFD to pay for costs of the Services;
as set forth in Exhibit A to the Resolution of Intention, has not been eliminated by protest by fifty
percent (50%) or more of the registered voters residing within the territory of the CFD or the
owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the
special tax; and
WHEREAS, no written protests with respect to the possible future annexation of territory to the
CFD have been filed with the Clerk of the Board.
RESOLUTION NO.2006/
NOW, THEREFORE, BE IT BY THE BOARD RESOLVED as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The proposed special tax to be levied within the CFD has not been precluded by
majority protest pursuant to Section 53324 of the Law. I
Section 3. All prior proceedings taken by this Board in connection with the establishment of the
CFD and the levy of the special taxhave been duly considered and are hereby found and
determined to be valid and in conformity with the Law. On September 13, 1994, .this Board
adopted a resolution approving financing policies for Community Facilities Districts, and this Board
,hereby finds and determines that the CFD is in conformity with said goals and policies.
Section 4. The community facilities district designated "County of Contra Costa Community
Facilities District No. 2006-1 (North Richmond Area Maintenance Services)" is hereby established
pursuant to the Law.
Section 5. The-boundaries of the CFD and of the territory proposed for annexation to the CFb,
as described in the Resolution of Intention and set forth in the boundary map of the CFD
recorded at 11:13 a.m. on June 15, 2006, in the County Recorder's Office at Book 80 of Maps
of Assessment and Community Facilities Districts at Page 11 (Document No. 06-0189999-00), are
hereby approved, are incorporated herein by this reference and shall be the boundaries of the
CFD, and the boundaries of the proposed annexation area, respectively.
Section 6. The type of services eligible to be funded by the CFD pursuant to the Law are as
described in Exhibit A to the Resolution of Intention which Exhibit is by this reference
incorporated herein. This Board hereby finds that the Services are necessary to meet increased
demands placed upon local agencies as the result of development occurring in the CFD.
Section 7. Except to the extent that funds are otherwise available to the CFD to pay for the
Services, a special tax sufficient to pay the costs thereof, secured by recordation of a
continuing lien against all non-exempt real property in the CFD, will be levied within the CFD and
collected in the same manner as ordinary ad valorem property taxes or in such other manner as
this Board shall determine, including direct billing of the affected property owners. The proposed
rate and method of apportionment of the special tax among the parcels of real property within
the CFD, in sufficient detail to allow each landowner within the CFD to estimate the maximum
amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention
which Exhibit is by this reference incorporated herein. This Board hereby finds that the basis for
the levy and apportionment of the special tax, as set forth in the Rate and Method, is
reasonable.
Section 8. The Auditor-Controller of the County, 625 Court Street, Room 103, Martinez, California
94553, telephone number (925) 646-2181, is the officer of the County that will be responsible for
preparing annually and whenever otherwise necessary a current roll of special tax levy
obligations by assessor's parcel number and who (working with the Deputy Director of Public
Works of the County) will be responsible for estimating future special tax levies pursuant to
Section 53340.2 of the Law. The Auditor-Controller is hereby authorized to engage from time to
time, at the expense of the CFD, a consulting firm to assist him with the foregoing.
Section 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the
California Streets and Highways Code, a continuing lien to secure each levy of the special tax
shall attach to all nonexempt real property in the CFD and this lien shall continue in force and
effect until the collection of the tax by the County ceases, if ever. It is hereby acknowledged
that it is expected that the special tax will be levied and collected in perpetuity.
Section 10. In accordance with Section 53325.7 of the California Government Code, the
appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California
Constitution, of the CFD is hereby preliminarily established at $10,000,000 and said appropriations
limit shall be submitted to the voters of the CFD as provided below. The proposition establishing
the appropriations limit shall become effective if approved by the qualified electors voting thereon.
The appropriations limit shall be adjusted, without further action by this Board, in accordance with
the applicable provisions of Section 53325.7 of the Law for changes in the cost of living and
changes in populations; as defined by subdivisions (b) and (c) of Section 7901 of the California
Government Code, except that the change in population may be estimated by this Board in the
absence of an estimate by the Department of Finance of the State of California, and in
accordance with Section 1 of Article X►IIB of the California Constitution. For purposes of
adjusting for changes in population, the population of the CFD shall be deemed to be at least one
person during each calendar year.
RESOLUTION NO.2006/
:1
Section 11. Pursuant to the provisions of the Law, the proposition of the levy of the special tax
and the proposition of the establishment of the appropriations limit specified above shall be
submitted to the qualified electors of the CFD at an election, the time, place and conditions of
which election shall be as specified by a separate resolution of this Board.
Section 12. All or any portion of the territory proposed for annexation to the CFD, as described
in Section 11 of the Resolution of Intention and on the map of the CFD described in Section 5
above, may be annexed to the CFD upon the unanimous approval of the owner or owners of
each parcel or parcels in the specific portion of the area to be annexed, without additional
hearings, as permitted by Section 53339.7(a) of the Law.
Section 13. This Resolution shall take effect upon its adoption.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown:
ATTESTED:
JOHN CULLEN,Clerk of the Board of Supervisors and
County Administrator
By Deputy
03007.16:JB926
7111A)6
RESOLUTION NO.20061
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on by the following vote:
sE
AYES eE... ........o
NOES:
o' i�lr�8st -
ABSENT:
ABSTAIN:" S'A------
Resolution
----Resolution No.20061
In the Matter of Resolution Calling Special )
Election Within Community Facilities District )
No. 2006-1 (North Richmond Area )
Maintenance Services) )
WHEREAS, on this date, this Board of Supervisors (the "Board") of the County of Contra
Costa (the "County") adopted a.resolution of Formation of County of Contra Costa Community
Facilities District No. 2006-1 (North Richmond Area Maintenance Services) (the 'Resolution of
Formation"), ordering the formation of the County of Contra Costa Community Facilities District
No. 2006-1 (North Richmond Area Maintenance Services) (the "CFD"), authorizing the levy of
a special tax on property within the CFD and preliminarily establishing an appropriations limit
for the CFD; and
WHEREAS,.pursuant to the provisions of the Resolution of Formation, the propositions of the
levy of said special tax and the establishment of the appropriations limit are to be submitted
to the qualified electors of the CFD as required by the Mello-Roos Community Facilities Act of
1982, California Government Code Section 53311 et seq. (the "Law").
NOW, THEREFORE, BE IT BY THE BOARD RESOLVED as follows:
Section 1. Pursuant to Sections 53325.7 and 53326 of the Law, the issues of the levy of
said special tax and the establishment of said appropriations limit shall be submitted to the
qualified electors of the CFD at an election called therefor as provided below.
Section 2. As authorized by Section 53353.5 of the Law, the two propositions described in
Section 1 above shall be combined into a single ballot measure, the form of which is
attached hereto as Exhibit A and by this reference incorporated herein. The form of ballot is
hereby approved.
Section 3. This Board hereby finds that fewer than 12 persons have been registered to
vote within the territory of the CFD for each of the ninety (90) days preceding the close of
the public hearing heretofore conducted and concluded by this Board for the purposes of
these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law, this Board
finds that for purposes of these proceedings the qualified elector for the CFD is the sole
landowner within the CFD and that the vote shall be by said landowner or its authorized
representative, having one vote for each acre or portion thereof such landowner owns in
the CFD as of the close of the public hearing.
Section 4. This Board hereby calls a special election to consider the measure described in
Section 2 above, which election shall be held immediately following adoption of this
Resolution in the regular meeting place of this Board. The Clerk of the Board (the "Clerk") is
hereby designated as the official to conduct said election. It is hereby acknowledged that
the Clerk has on file the Resolution of Formation, a map of the proposed boundaries of the
CFD, and a sufficient description to allow the Clerk to determine the boundaries of the CFD.
The voted ballots shall be returned to the Clerk no later than immediately following the
adoption of this Resolution; and when the qualified voters have voted, the election shall be
closed.
RESOLUTION NO.2006/
3
1
Section 5. Pursuant to Section 53327 of the Law; the election shall be conducted by mail
or:hand delivered ballot pursuant to the California Elections Code.
Section 6. This Board acknowledges that the Clerk has caused to be delivered to the only
two qualified electors of the CFD ballots in the form set forth in Exhibit A hereto. The
respective ballots indicated the number of votes to be voted by the applicable landowner.
Each ballot was accompanied by all supplies and written instructions necessary for the use
and return of the respective ballot. An envelope to be used to return the ballot was
enclosed with each of the ballots, had the return postage prepaid, and contained the
following: (a) the name and address of the applicable landowner, (b) a declaration,.under
penalty of perjury, stating that the voter is the owner of record or authorized representative
of the applicable landowner entitled to vote and is the person whose name appears on the
envelope, (c) the printed name, signature and address of the applicable voter, (d) the date
of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a
notice that the respective envelope contains an official ballot and is to be opened only by
the Clerk.
Analysis and arguments with respect to the ballot measures were waived by the
landowners in both their petitions to form the CFD and in their voted ballots, as permitted by
Section 53327(b) of the Law.
Section 7. The Clerk shall accept the ballots of the two qualified electors upon and prior to
the adoption of this Resolution, whether the ballots be personally delivered or received by
mail. The Clerk shall have available ballots which may be marked in the Board of
Supervisors meeting room on the election day by the qualified electors.
Section 8. This Board hereby further finds that the provision of the Law requiring a
minimum of 90 days following the adoption of the Resolution of Formation to elapse before
said special election is for the protection of the qualified electors of the CFD. The petitions
of the landowners to form the CFD and the voted ballots of the two qualified electors of the
CFD each contain an acknowledgment of a waiver of any time limit pertaining to the conduct
of the election and of a waiver of any requirement for analysis and arguments in connection
with the election. Accordingly, this Board finds and determines that the qualified electors
have been fully apprised of and have agreed to the shortened time for the election and
waiver of ballot analysis and arguments, and have thereby been fully protected in these
proceedings. This Board also finds and determines that the Clerk has concurred in the
shortened time for the election.
Section 9. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections
50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the
ballot measure referred to in Sections 2 and 4 above contains a statement indicating the
specific purposes of the special tax, (b) the proceeds of the special tax will be applied only
to the purposes specified in the ballot measure, (c) there shall be created by the Auditor-
Controller of the County an account into which proceeds of the special tax levies will be
deposited, and (d) the Auditor-Controller of the County, working with the Deputy Director of
Public Works of the County, is hereby directed to provide an annual report to this Board as
required by Section 50075.3 of the California Government Code.
RESOLUTION NO.2006/
.r'
Section 10. The Clerk is hereby directed to cause to be published in a newspaper of
general circulation circulating within the CFD a copy of this Resolution as soon as practicable
after the date of adoption of this Resolution.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown:
ATTESTED:
JOHN CULLEN,Clerk of the Board of Supervisors and
County Administrator
By .Deputy
03007.16:J8924
7/11106
RESOLUTION NO.2006/
EXHIBIT A
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO.2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
OFFICIAL BALLOT
Special Tax Election
(July 18,2006 )
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the Clerk of the Board of Supervisors of the
County of Contra Costa no later than immediately after adoption of the resolution of
the Board of Supervisors calling said election, either by mail or in person.
To vote, mark a cross (X) on the voting line after the word "YES' or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the Clerk of the Board of
Supervisors of Contra Costa County and obtain another.
BALLOT MEASURE: Shall a special tax payable solely from
lands within the County of Contra Costa Community Facilities
District No. 2006-1 (North Richmond Area Maintenance Services) Yes:
(the "CFD") be levied annually upon lands within the CFD to be —
applied only to pay the costs of the services authorized to be
funded by the CFD, and to pay the costs of the County of
Contra Costa in administering the CFD, and shall the annual No:
appropriations limit of the CFD be established in the initial amount
of $10,000,000
By execution in the space provided below, you also indicate your waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a) and 53327(b) of the California Government Code.
Contra Costa County APN Nos.of Number of Votes: _
land owned in the CFD: Landowner:
A-1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on by the following vote:
sE
AYES:
NOES:
ABSENT:
ABSTAIN: costa coazitt
Resolution No.2006/
In the Matter of Resolution Declaring Results )
of Special Election and Directing Recording of )
Notice of Special Tax Lien )
WHEREAS, in proceedings heretofore conducted by this Board of Supervisors (the "Board") of
the County of Contra Costa (the "County") pursuant to the Mello-Roos Community Facilities Act
of 1982, Section 53311 et seq. of the California Government Code (the "Law'), this Board on
this date adopted a resolution Calling Special Election Within Community Facilities District No.
2006-1 (North Richmond Area Maintenance Services)", calling for a special election of the
qualified electors within the County of Contra Costa Community Facilities District No. 2006-1
(North Richmond Area Maintenance Services) (the "CFD"); and
WHEREAS, pursuant to the terms of said Resolution, which are by this reference incorporated
herein, the special election was held on this date, and the Clerk of the Board of Supervisors
of the County (the "Clerk') has on file a Canvass and Statement of Results of Election, a copy
of which is attached hereto as Exhibit A; and
WHEREAS, this Board has reviewed the canvass and hereby approves it.
NOW, THEREFORE, BE IT BY THE BOARD RESOLVED as follows:
Section 1. The issues presented at the special election were the levy of a special tax within
the CFD to be levied in accordance with the rate and method of apportionment of special taxes
heretofore approved by this Board by its resolution adopted this date of Formation of County of
Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance
Services) and the approval of an appropriations limit of $10,000,000 pursuant to said resolution.
Section 2. Pursuant to the canvass of the special election on file with the Clerk, the issues
presented at the special election were approved by the votes cast by the two qualified
electors of the CFD.
Section 3. Pursuant to the voter approval, the CFD is hereby declared to be fully formed with
the authority to levy special taxes"as heretofore provided in these proceedings and in the Law.
Section 4. It is hereby found that all prior proceedings and actions taken by this Board with
respect to the CFD were valid and in conformity with the Law.
Section 5. The Clerk is hereby directed to execute and cause to be recorded in the office of
the County Recorder of the County of Contra Costa a notice of special tax lien in the form
required by the Law, said recording to occur no later than fifteen days following adoption by
the Governing Board of this Resolution.
RESOLUTION NO.20061
Section 6. This Resolution shall take effect upon its adoption.
I hereby certify that this is a We and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown: -
ATTESTED:
JOHN CULLEN,Clerk of the Board of Supervisors and.
County Administrator
By Deputy
03007.16:JB925
7/11/06
RESOLUTION NO.2006/
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EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO.2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
I hereby certify that on July 18, 2006, 1 canvassed the returns of the special
election held on July 18, 2006, in the County of Contra Costa Community Facilities District
No. 2006-1 (North Richmond Area Maintenance Services) and the total number of ballots
cast in said community facilities district and the total number of votes cast for and
against the measure are as follows and the totals as shown for and against the
measure are full, true and correct:
Qualified
Landowner Votes
Votes Cast YES NO
County of Contra Costa
Community Facilities District No.
2006-1 (North Richmond Area
Maintenance Services)Special 22 22
Tax Election July 18,2006.
BALLOT MEASURE: Shall a special tax payable solely from lands within the
County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area
Maintenance Services) (the "CFD") be levied annually upon lands within the CFD to be
applied only to pay the costs of the services authorized to be funded by the CFD, and
to pay the costs of the County of Contra Costa in administering the CFD, and shall the
annual appropriations limit of the CFD be established in the initial amount of $10,000,000
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 18`h day of July,
2006.
County Administrator and Clerk of the
Board of Supervisors
By:
Deputy Clerk
A-1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Introduced and First Read this Ordinance on and Second Reading and adopted this
Ordinance on by the following vote:
6E L
AYES:
NOES:
ABSENT:
oos?Acoax'-
ABSTAIN: -
Ordinance No.2006/
In the Matter of Ordinance Levying Special Taxes )
Within the County of Contra Costa Community )
Facilities District No. 2006-1 (North Richmond Area )
Maintenance Services) )
WHEREAS, on June 13, 2006, this Board of Supervisors(the"Board") of the County of Contra Costa
(the"County")adopted a resolution Declaring its Intention to Establish a Community Facilities District and
to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982 (the
"Resolution of Intention"),stating its intention to establish the County of Contra Costa Community Facilities
District No.2006-1 (North Richmond Area Maintenance Services)(the"CFD")pursuant to the Mello-Roos
Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"),
to fund certain services (the"Services");
WHEREAS, notice was published as required by the Law of the public hearing called pursuant to the
Resolution of Intention relative to the intention of this Board to form the CFD and to provide for the costs
of the Services;
WHEREAS,the Resolution of Intention called for a public hearing on the CFD to be held on July 18, 2006,
and on such date this Board held the public hearing as required by Law relative to the determination to
proceed with the formation of the CFD and the levy of special taxes therein;
WHEREAS,at the public hearing all persons desiring to be heard on all matters pertaining to the formation
of the CFD and the levy of the special taxes were heard, substantial evidence was presented and
considered by this Board and a full and fair hearing was held;
WHEREAS,subsequent to the hearing,this Board adopted resolutions of Formation of County of Contra
Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) and
Authorizing the Levy of a Special Tax Within the CFD(the`Resolution of Formation"), and Calling Special
Election Within Community District No. 2006-1 (North Richmond Area Maintenance Services), which
resolutions established the CFD and authorized the levy of a special tax with the CFD, and called an
election within the CFD on the proposition of levying a special tax and establishing an appropriations limit
for the CFD, respectively;and
WHEREAS, on July 18, 2b06 an election was held within the CFD in which the two eligible landowner
electors approved said propositions.
NOW,THEREFORE,BE IT BY THE BOARD ORDAINED as follows:
Section 1. By the passage of this Ordinance this Board hereby authorizes and levies special taxes
within the CFD, pursuant to the Law, at the rate and in accordance with the rate and method of
apportionment of special taxes appended as Exhibit B to the Resolution of Intention (the "Rate and
Method of Apportionment"),and approved by the Resolution of Formation, which Resolution of Intention
is by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year
2006-07 and in each fiscal year thereafter.
Section 2. The Auditor-Controller of the County,working with the Deputy Director of Public Works of the
County, is hereby authorized and directed each fiscal year to determine. or to cause to be determined,
the specific special tax rate and amount to be levied for each parcel of real property within the CFD. in
the manner and as provided in the Rate and Method of Apportionment.
ORDINANCE NO.20061
Section 3. Properties or entities of the State,federal or local governments shall be exempt from any levy
of the special taxes to the extent set forth in the Rate and Method of Apportionment. In no event shall
the special taxes be levied on any parcel within the CFD in excess of the maximum tax specified in the
Rate and Method of Apportionment.
Section 4. All of the collections of the special tax shall be used as provided for in the Law and in the
Resolution of Formation including the payment of costs of providing the Services, and the costs of
County incurred in administering the CFD and the levying and collecting the special tax.
Section 5. The special taxes shall be collected from time to time as necessary to meet the financial
obligations of the CFD on the secured real property tax roll in the same manner as ordinary ad.valorem
taxes are collected. The special taxes shall have the same lien priority, and be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes.
In addition,the provisions of Section 53356.1 of the California Government Code shall apply to delinquent
special tax payments. The Auditor-Controller of the County, working with the Deputy Director of Public
Works of the County,is hereby authorized and directed to take all actions necessary in order to effect
proper billing and collection of the special tax, so that the special tax shall be levied and collected in
sufficient amounts and at the times necessary to satisfy the financial obligations of the CFD in each
fiscal year.
Notwithstanding the foregoing,the Auditor-Controller of the County,working with the Deputy Director of
Public Works of the County,may collect or cause to be collected one or more installments of the special
taxes on any one or more parcels in the CFD by means of direct billing of the property owners within the
CFD, if, in the judgment of the Auditor-Controller of the County, working with the Deputy Director of
Public Works of the County, such means of collection will reduce the administrative burden in
administering the CFD or is otherwise appropriate in the circumstances. In such event,the special taxes
shall become delinquent if not paid when due as set forth in any such respective billing to the applicable
property owners.
Section 6. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is
found inapplicable to any particular parcel within the CFD, by a Court of competent jurisdiction, the
balance of this Ordinance,and the application of the special tax to the remaining parcels within the CFD,
shall not be affected.
Section 7. The Chair of the Board shall sign this Ordinance and the Clerk of the Board shall cause the
same to be published within fifteen(15)days after its passage at least once in a newspaper of general
circulation published and circulated in the District.
I hereby certify that this is a true and correct copy of
actions taken and entered on the minutes of the Board of
supervisors on the dates shown:
ATTESTED:
JOHN CULLEN,Clerk of the Board of Supervisors and
County Administrator
By Deputy
03007.16:JB923
7/11/06
ORDINANCE NO.2006/
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7/11/06
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Clerk of the Board
County of Contra Costa
651 Pine Street
Martinez,CA 94553
NOTICE OF SPECIAL TAX LIEN
County of Contra Costa
Community Facilities District No. 2006-1
(North Richmond Area Maintenance Services)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways
Code and Section 53311 et seq. of the California Government Code, the undersigned Clerk of
the Board of Supervisors of the County of Contra Costa (the "County"), County of Contra
Costa, State of California, hereby gives notice that a lien to secure payment of a special tax
which the Board of Supervisors of the County is authorized to levy, is hereby imposed. The
special tax secured by this lien is authorized to be levied for the purpose of paying the costs of
certain services, as described in Exhibit A attached hereto and by this reference made a part
hereof.
The special tax is authorized to be levied within the County of Contra Costa Community
Facilities District No. 2006-1 (North Richmond Area Maintenance Services) which has now been
officially formed and the lien of the special tax is a continuing lien which shall secure each
annual levy of the special tax and which shall continue in force and effect until the special tax
obligation is permanently satisfied and cancelled in accordance with law or until the special tax
ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section
53330.5 of the Government Code.
The rate, method of apportionment, and manner of collection of the authorized special
tax is as set forth in Exhibit B attached hereto and by this reference made a part hereof.
Conditions under which the obligation to pay the special tax may be prepaid and permanently
satisfied are as follows: none.
Notice is further given that upon the recording of this notice in the office of the.'_County
Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real
property within the County of Contra Costa Community Facilities District No. 2006-1 (North
Richmond Area Maintenance Services) in accordance with Section 3115.5 of the California
Streets and Highways Code.
The name(s) of the owner(s) of the real property included within the area of this
community facilities district and the assessor's tax parcel(s) numbers of all parcels, or any
portion thereof which are included within the area of this community facilities district, in each
case which are not exempt from the special tax and as they appear on the latest secured
assessment roll as of the date of recording of this Notice or as otherwise known to the County,
are as set forth in Exhibit C attached hereto and hereby made a part hereof.
F:eference is made to the boundary map of the community facilities district recorded at
11:13 a.m. on June 15, 2006, at Book 80 of Maps of Assessment and Community Facilities
Districts at Page 11 (Document No. 06-0189999-00), in the office of the Countv Recorder for the
Countv of Contra Costa, State of California, which map is now the final boundary_ map of the
community facilities district.
03007.16:18921
c
For further information concerning past special tax levies in this community facilities
district or the current special taxes due on any parcel in the community facilities district,
interested persons should contact the Treasurer—Tax Collector of the County of Contra Costa,
625 Court Street, Room 100, Martinez, California 94553, telephone number (925) 646-4122. For
further information concerning the method of calculation of special tax levies for this
community facilities district and any estimated future tax liability of owners or purchasers of
real property subject to this special tax lien, interested persons should contact the Auditor-
Controller of the County of Contra Costa, 625 Court Street, Room 103, Martinez, California
94553,telephone number(925) 646-2181.
Dated: 2006 County Administrator and
Clerk of the Board of Supervisors
By:
Deputy Clerk
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i
EXHIBIT A
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE CFD
Services:
The services to be funded, in whole or in part,by the CFD include all direct and incidental costs
related to providing the following services:
I. Parks and Parkway Maintenance Services. Maintenance and operation of parks and
parkways in the North Richmond Area including but not limited to the Richmond
Parkway, Goodrick Avenue, Parr Boulevard, Pittsburg Avenue, West Gertrude
Avenue, Brookside Drive, Central Avenue, Chesley Avenue, Market Avenue and 3`d
Street.
II. Open Space Services. Maintenance and operation of open space and natural wild
lands in the North Richmond Area owned or otherwise controlled by Contra Costa
County(the"County").
III. Flood and Storm Drainage Services. Maintenance and operation of flood and storm
drainage improvements in the North Richmond Area owned or otherwise controlled
by the County or the Contra Costa County Flood Control and Water Conservation
District(the"District").
The CFI) may fund any of the following related to the services described in the preceding
paragraph: obtaining, constructing, furnishing, operating and maintaining equipment,
apparatus or facilities, paying the salaries and benefits of personnel (including but not limited
to maintenance workers, patrol guards and other personnel), and for payment of other related
expenses (including but not limited to employee benefit expenses and an allocation of general
overhead expenses). Any services to be funded by the CFD must be in addition to those
provided in the territory of the CFD before the date of creation of the CFD, and may not
supplant: services already available within that territory when the CFD is created. It is expected
that the services will be provided by the County and/or the District, either with their own
employees or by contract with third parties,or any combination thereof.
Administrative Expenses:
The direct and indirect expenses incurred by the County in connection with the establishment
and administration of the CFD (including, but not limited to, the levy and collection of the
special taxes) including the fees and expenses of attorneys, any fees of the County related to the
CFD or the collection of special taxes, an allocable share of the salaries of County staff directly
related thereto and a proportionate amount of the County's general administrative overhead
related thereto, any amounts paid by the County from its general fund with respect to the CFD
or the services authorized to be financed by the CFD, and expenses incurred by the County in
undertaking action to foreclose on properties for which the payment of special taxes is
delinquent,and all other costs and expenses of the County in any way related to the CFD.
A-1
Other:
The incidental expenses that may be financed by the CFD include: (i) all costs associated with
the establishment and administration of the CFD, the determination of the amount of and
collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry out the
authorized purposes of the CFD, (ii) any other expenses incidental to the provision of the
services eligible to be funded by the CFD,.and (iii) any amounts necessary to maintain a reserve
required by the County or the District for the payment of the costs of the services.
A-2
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EXHIBIT B
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
.(NORTH RICHMOND AREA MAINTENANCE SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes shall be levied on all Taxable Parcels within the County of Contra Costa
Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) (the
"CFD"), and collected according to the Rate and Method of Apportionment of Special Taxes
described herein.
Special Taxes, when levied, shall be collected by the Contra Costa County Tax
Collector's Office by means of a line item on the annual ad-valorem property tax billings or, if
determined to be in the best interests of the County, by means of the direct billing by the
County of the applicable property owners.
DEFINITIONS
Administrator: Means the individual(s) designated by the County to administer the
CFD in accordance with the authority and powers granted by the Board of Supervisors.
Annual Administrative Costs: Means the direct and indirect expenses incurred by the
County in connection with the establishment and administration of the CFD (including,but not
limited to, the levy and collection of the special taxes) including the fees and expenses of
attorneys, any fees of the County related to the CFD or the collection of special taxes, an
allocable share of the salaries of County staff directly related thereto and a proportionate
amount of the County's general administrative overhead related thereto, any amounts paid by
the County from its general fund with respect to the CFD or the services authorized to be
financed. by the CFD, and expenses incurred by the County in undertaking action to foreclose
on properties for which the payment of special taxes is delinquent, and all other costs and
expenses of the County in anyway related to the CFD.
Assessor Parcel: Means a parcel of land which has an Assessor Parcel number assigned
to it by the Contra Costa County Assessor's office.
Building Permit: Means a Building Permit issued by the County and having an
improvement valuation over $50,000. Building Permits for the construction of ancillary
structures such as fences, swimming pools, retaining walls, etc are not to be considered
"Building Permits" for purposes of this Rate and Method of Apportionment of Special Taxes.
CFD: Means County of Contra Costa Community Facilities District No. 2006-1 (North
Richmond Area Maintenance Services).
Commercial Parcels: Means Assessor Parcels classified as "Commercial Parcels" or
"Improved Commercial Parcels"by the Countv Assessor.
Condominium Parcels: Means Assessor Parcels classified as "Condominium Parcels" by
the Countv Assessor;including below market rate condominiums.
B-1
County:Means Contra Costa County.
Exempt Parcels: Means Assessor Parcels owned by the Federal, State, County or other
local government or special district, and Assessor Parcels not otherwise classified as Taxable
Parcels.
Fiscal Year:Means the period starting on July 1 and ending the following June 30.
Floor Area Ratio: Means the total improved square footage of the structure(s) divided
by the total square footage of the Assessor Parcel upon which the structure(s) is/are located.
For example, if the improved square footage of a structure is 50,000 sq. ft. and the Assessor
Parcel upon which the structure is located on is 25,000 sq. ft. the Floor Area Ratio is equal to
2.00(50,000 sq.ft./25,000 sq. ft.).
Industrial Parcels: Means Assessor Parcels classified as "Industrial Parcels" by the
County Assessor.
Institutional Parcels: Means Assessor Parcels classified as "Institutional Parcels" by the
County Assessor.
Multi-Family Residential Parcels: Means Assessor Parcels classified as "Multi-Family
Residential Parcels" by the Courity Assessor. These parcels include apartments and below
market rate units. However, Multi-Family Residential Parcels shall not include Condominium
Parcels or Townhome Parcels.
Parcel Acreage: Means the acreage identified on a County Assessor's map for a
particular Assessor Parcel. If the acreage is not indicated on the County Assessor's map then the
acreage indicated within the County Assessor's database or any other calculation determined
by the Administrator that accurately depicts the assessor's parcel acreage. If it is determined
that the County Assessor's map acreage information for a particular Assessor Parcel is not
accurate then the calculated acreage shall be based upon the judgment of the Administrator.
Public Works Director: Means the County Director of Public Works or his/her
designee.
Rural Parcels: Means Assessor Parcels classified as "Rural Parcels" by the--County
Assessor;including below market rate units.
Services:Means the services eligible to be funded by the CFD.
Single Family Residential Parcels: Means Assessor Parcels classified as "Single Family
Residential" or "Attached Single Family Residential Parcels" by the County Assessor; including
below market rate units.
Special Tax Rate: Means the maximum Special Taxes to be levied on each Taxable
Parcel within the boundaries of the CFD each Fiscal Year as shown in the following table, and
subject to increases discussed below.
B-2
r
County of Contra Costa Community Facilities District No.2006-1
(North Richmond Area Maintenance Services)
Fiscal Year 2006-07 Special Tax Rates by Land Use'2
Total
Single-Family Residential Parcels $150.00 per Residence
Condominium Parcels $112.50 per Residence
Townhome Parcels • $112.50 per Residence
Multi-Family Residential Parcels $75.00 per Unit
Commercial Parcels $1500.00 per Acre
Industrial Parcels $1,500.00 per Acre
Rural Parcels $150.00 per Residence
Institutional Parcels $1,500.00 per Acre
' If any Taxable Parcel within the boundaries of the CFD has a Floor Area
Ratio greater than one (1.00) the Special Tax Rates shown in the table
above will be multiplied by the Taxable Parcel's Floor Area Ratio. For
example, if a Commercial Parcel has a Floor Area Ratio of 1.50 the Fiscal
Year 2006-07 Special Tax Rate would be $2,250.00 per acre
($1,500.00/acre x 1.50).
2 For Fiscal Year 2007-08 and for each Fiscal Year thereafter, the Special
Tax Rates shown in the table above will be increased each year over the.
Special Tax Rates in effect for the prior Fiscal Year by a percentage equal
to the percentage increase in the Consumer Price Index for San Francisco
Bay Area Urban Wage Earners.
Special Taxes: Means the Special Taxes levied on a Taxable Parcel pursuant to the Rate
and Method of Apportionment of Special Taxes described herein.
Taxable Parcel: Means an Assessor Parcel within the boundaries of the CFD that is not
classified as an Exempt Parcel and for which a Building Permit has been issued prior to
February 1 preceding the Fiscal Year for which Special Taxes are being levied.
Townhome Parcels: Means Assessor Parcels classified as "Townhome Parcels" by the
County Assessor.
Usecode: Means the current use of the respective Assessor Parcel as assigned by the
County Assessor's Office.
CALCULATION OF SPECIAL TAXES
The calculation of the Special Taxes will be as follows for each Fiscal Year, commencing
with Fiscal Year 2006-07:
1) On or about July 1 of each year the Administrator will determine which
Assessor Parcels within the boundaries of the CFD are classified as Taxable Parcels.
2) The Administrator will calculate the Floor Area Ratio for each Taxable Parcel
to determine if the Floor Area Ratio for any Taxable Parcel exceeds one(1.00).
3) The Administrator will calculate the total revenue the CFD would receive for
the ensuing Fiscal Year, if the County were to levy the Special Taxes at the maximum
Special Tax Rates on all Taxable Parcels within the boundaries of the CFD.
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4) The Public Works Director will determine the Services funding needs for the
CFD for the ensuing Fiscal Year, which will include the costs to pay Annual ;
Administrative Costs.
a
5) If the Services funding needs for the CFD identified in Step No. 4 above are
less than the projected revenues identified in Step No. 3 the Special Tax Rates shall be
reduced proportionately for each Taxable Parcel for the ensuing Fiscal Year to equal the
funding needs. If the Services funding needs for the CFD identified in Step No. 4 above
are equal to or greater than the projected revenues identified in Step No. 3 the Special
Taxes,shall be levied at the maximum Special Tax Rate for each Taxable Parcel.
6) The Administrator will submit the Special Taxes to the County Auditor's
office for inclusion on the secured property tax roll for the applicable Fiscal Year or, if
determined to be in the best interests of the County, will directly bill the applicable
owners of the Taxable Parcels.
COLLECTION OF THE SPECIAL TAXES
Each year, the Administrator will coordinate with the Contra Costa County Tax
Collector's office to have the Special Tax for each applicable Taxable Parcel placed on the
secured property tax roll. If the Administrator believes it is in the best interest of the County,
the Special Taxes may be directly billed to the applicable property owners.
INTERPRETATION OF SPECIAL TAX FORMULA
The County reserves the right to make minor administrative and technical changes to
this document that do not materially affect the rate and method of apportioning the Special
Taxes. In addition, the interpretation and application of any section of this document shall be
left to the County's discretion. Interpretations may be made by the County by ordinance or
resolution of the Board of Supervisors for purposes of clarifying any vagueness or ambiguity in
this Rate and Method of Apportionment.
APPEAL OF SPECIAL TAX
Any property owner claiming that the amount or application of the Special Tax is not
correct may the a written notice of appeal with the Administrator not later than one calendar
year after having paid the Special Tax that is disputed. The Administrator shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral
evidence regarding the amount of the Special Tax, and decide the appeal. If the property owner
disagrees with the Administrator's decision relative to the appeal, the owner may then tile a
written appeal with the Board of Supervisors whose subsequent decision shall be binding. If the
decision of the Administrator (if the appeal is not filed with the Board of Supervisors) or the
Board of Supervisors (if the appeal is filed with the Board of Supervisors) requires the Special
Tax to be modified or changed in favor of the property owner, no cash refund shall be made for
prior years' Special Tax levies, but an adjustment shall be made to the next Special Tax levy.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to any legal action by such owner.
TERM OF SPECIAL TAX
The Special Taxes shall be levied in perpetuity as necessary to fund the Services and pay
the Annual Administrative Costs.
B-4
EXHIBIT C
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO.2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
ASSESSOR'S PARCEL NUMBERS AND OWNERS
OF LAND WITHIN THE CFD
Contra Costa
County Assessor's
Parcel Numbers Owner of Record of Parcels
408-240-01 through and KB HOME South Bay,Inc.
including 408-240-88; 6700 Koll Center Parkway,Suite 200
408-240-93;408-240-94;and Pleasanton,California 94566
408-250-01 through and
including 408-250-79
408-240-89,408-240-90, KB One,LLC
408-240-91 and 408-240-92 6700 Koll Center Parkway,Suite 200
Pleasanton,California 94566
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JOINT COMMUNITY FACILITIES AGREEMENT
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
This Joint.. Community Facilities Agreement (the "Agreement"), dated for
convenience as of July 18, 2006, is by and between the County of Contra Costa (the -
"County") and the Contra Costa County Flood Control and Water Conservation District
(the "Participating Agency").
RECITALS :
WHEREAS, the County is undertaking proceedings to form the County of Contra
Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance
Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"), in order to fund various public services to be provided in the North
Richmond Area of the County; and
WHEREAS, the services to be funded by the CFD may include the services
described in Attachment A hereto (the "Services"), which Attachment is, by this reference,
incorporated herein; and
WHEREAS, the parties hereto expect that the Participating Agency will be the entity
providing the Services if and to the extent they are funded by the CFD; and
WHEREAS, Section 53316.2 of the Act requires that the County enter into a joint
community facilities agreement with the Participating Agency,prior to the adoption by the
County of,the Resolution of Formation of the CFD,in respect of the Services which are to be
funded by the CFD,but are to be provided by the Participating Agency; and
WHEREAS the County and the Participating Agency now desire to enter into this
Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their
understanding with respect to the funding and provision of the Services, all as more
particularly set forth below.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set
forth below, the parties hereto do hereby agree as follows:
Section 1. Reservation of Funds. The County intends to use a portion of the
proceeds of the annual special tax to be levied in the CFD to fund a portion of the costs
incurred in connection with the provision of the Services. Said annual portion of the
special taxes shall be held in an account established for the CFD (the "Special Tax Fund")
for the sole and exclusive benefit of the CFD.
Section 2. Provision of Services. The Participating Agency agrees to provide the
Services within the territory of the CFD, to the extent that monies are available in the Special
Tax Fund, or are otherwise appropriated from other sources of funds, for such purpose.
03007.16:J8920
Section 3. Limited Obligations. All obligations of the County under and pursuant
to this Agreement shall be limited to the amounts on deposit in the Special Tax Fund and
described in Section •1 above and available for use in payment of any obligation of the
County hereunder. No Boardmember, officer, employee or agent of the County shall in any
event be personally liable hereunder.
All special taxes levied for the CFD shall be disposed of by the County as authorized
under the Act and'the proceedings to form the CFD.
The sole obligation of the Participating Agency hereunder with respect to the
Services shall be to provide the Services using its customary practices and procedures, to
the extent the same are fully funded by the CFD or by means of the appropriation of other
funds for such purpose. If, for any reason whatsoever, there are insufficient funds to
complete the Services or any portion thereof, neither the County nor the Participating
Agency shall have any obligation to fund any such shortfall.
Section 4. No Obligation to Form CFD: Agreement of Benefit to Residents. The
provisions of this Agreement shall in no way obligate the County to form the CFD.
Notwithstanding the foregoing, by their respective execution of this Agreement, the County
and the Participating Agency each declare that this Agreement is beneficial to the residents
within the jurisdiction of their respective entities in assuring the provision of funding for a
portion of the costs of the Services in furtherance of the purposes of the Act.
Section 5. Partial Invalidity. If any part of this Agreement is held to be illegal or.
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall
be given effect to the fullest extent reasonably possible.
Section 6. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto. This Agreement is for the
sole benefit of the County and the Participating Agency and their successors and assigns,
and no other person or entity shall be deemed to be a beneficiary hereof or have an interest
herein.
Section 7. Execution in Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
-2-
T
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year written alongside their signature below.
CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION DISTRICT (the
"Participating Agency")
Date of Execution: July_, 2006
By:
Director of Public Works
COUNTY OF CONTRA COSTA (the
"County")
Date of Execution: July_, 2006
By.
Deputy Director-Redevelopment
03007.16j8920
-3=
ATTACHMENT A
DESCRIPTION�OF THE SERVICES
Maintenance and operation of flood and storm drainage improvements in the North
Richmond Area of the County of Contra Costa owned or otherwise controlled by the Contra
Costa County Flood Control and Water Conservation District.
A-1
Quint&Thimmig LLP 7/6/06
7/11/06
JOINT COMMUNITY FACILITIES AGREEMENT
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
This Joint Community Facilities Agreement (the "Agreement"), dated for
convenience as of July 18, 2006, is by and between the County of Contra Costa (the
"County") and the Contra Costa County Flood Control and Water Conservation District
(the "Participating Agency").
RECITALS :
WHEREAS, the County is undertaking proceedings to form the County of Contra
Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance
Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"), in order to fund various public services to be provided in the North
Richmond Area of the County; and
WHEREAS, the services to be funded by the CFD may include the services
described in Attachment A hereto (the "Services"), which Attachment is, by this reference,
incorporated herein; and
WHEREAS, the parties hereto expect that the Participating Agency will be the entity
providing the Services if and to the extent they are funded by the CFD; and
WHEREAS, Section 53316.2 of the Act requires that the County enter into a joint
community facilities agreement with the Participating Agency, prior to the adoption by the
County of the Resolution of Formation of the CFD,in respect of the Services which are to be
funded by the CFD,but are to be provided by the Participating Agency; and
WHEREAS the County andtheParticipating Agency now desire to enter into this
Agreement to satisfy the requirements of Section 53316.2 of the Act and to memorialize their
understanding with respect to the funding and provision of the Services, all as more
particularly set forth below.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and mutual covenants set
forth below, the parties hereto do hereby agree as follows:
Section 1. Reservation of Funds. The County intends to use a portion of the
proceeds of the annual special tax to be levied in the CFD to fund a portion of the costs
incurred in connection with the provision of the Services. Said annual portion of the
special taxes shall be held in an account established for the CFD (the "Special Tax Fund")
for the sole and exclusive benefit of the CFD.
Section 2. Provision of Services. The Participating Agency agrees to provide the
Services within the territorN of the CFD, to the extent that monies are available in the Special
Tax Fund, or are otherwise appropriated from other sources of funds, for such purpose.
03007.16:J8920
Section 3. Limited Obligations. All obligations,of the County under and pursuant
to this Agreement shall be limited to the amounts on deposit in the Special Tax Fund and
described in Section •1 above and available for use in payment of any obligation of the
County hereunder. No Boardmember, officer, employee or agent of the County shall in any
event be personally liable hereunder.
All special taxes levied for the CFD shall be disposed of by the County as authorized
under the Act and the proceedings to form the.CFD.
The sole obligation of the Participating Agency hereunder with respect to the
Services shall be to provide the Services using its customary practices and procedures, to
the extent the same are fully funded by the CFD or by means of the appropriation of other
funds for such purpose. If, for any reason whatsoever, there are insufficient funds to
complete the Services or any portion thereof, neither the County nor the Participating
Agency shall have any obligation to fund any such shortfall.
Section 4. No Obligation to Form CFD: Agreement of Benefit to Residents. The
provisions of this-Agreement shall in no way obligate the County to form the CFD.
Notwithstanding the foregoing, by their respective execution of this Agreement, the County
and the Participating Agency each declare that this Agreement is beneficial to the residents
within the jurisdiction of their respective entities in assuring the provision of funding for a
portion of the costs of the Services in furtherance of the purposes of the Act.
Section 5. Partial Invalidity. If any part of this Agreement is held to be illegal or.
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall
be given effect to the fullest extent reasonably possible.
Section 6. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the successors and assigns of the parties hereto. This Agreement is for the
sole benefit of the County and the Participating Agency and their successors and assigns,
and no other person or entity shall be deemed to be a beneficiary hereof or have an interest
herein.
Section 7. Execution in Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original.
-2-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year written alongside their signature below.
CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER
CONSERVATION DISTRICT (the
"Participating Agency")
Date of Execution: July 2006
By:
Director of Public Works
COUNTY OF CONTRA COSTA (the
„County„)
Date of Execution: July 2006
By:
Deputy Director-Redevelopment
03007.16:J8920
-3-
ATTACHMENT A
DESCRIPTION OF THE SERVICES
Maintenance and operation of flood and storm drainage improvements in the North
Richmond Area of the County of Contra Costa owned or otherwise controlled by the Contra
Costa County Flood Control and Water Conservation District.
A-1
�� .:..__...._o Contra
TO: BOARD OF SUPERVISORS _
FROM: JOHN CULLEN, County Administrator
�.• _- • Costa 6P.
�a�a = -��`�
DATE: JULY 13,2006 A--------- County
SUBJECT: RESPONSE TO GRAND JURY REPORT N0. 0604, ENTITLED "CAULK THE
CRACKS THAT CHILDREN FALL THROUGH! For the Sake of Children"
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE response to Grand Jury Report No. 0604, entitled "CAULK THE CRACKS THAT
CHILDREN FALL THROUGH! For the Sake of Children", and DIRECT the Clerk of the Board to
forward the response to the Superior Court no later than August 18, 2006.
BACKGROUND:
On May 18, 2006,the 2005/2006 Grand Jury filed the above-referenced report,which was reviewed
by the Board of Supervisors and subsequently referred to the County Administrator and Interim
Employment and Human Services Director,who jointly prepared the attached response that clearly
specifies:
A. Whether a finding or recommendation is accepted or will be implemented;
B. If a recommendation is accepted, a statement as to who will be responsible for
implementation and by what definite target date;
C. A delineation of the constraints if a recommendation is accepted but cannot be implemented
within a six-month period; and
D. The reason for not accepting or adopting a findin or recommendation.
CONTINUED ON ATTACHMENT: YES .SIGNATURE: • y _�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM ATION OF BOARD COMMITTEE
_&,OAI'PROVE OTHER
SIGNATURE(S):
ACTION OF BO D W 0h APPROVE AS RECOMMENDED OTHER
17
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES:_ NOES: SHOWN.
ABSENT:_ ABSTAIN:
ATTESTED: JULY 18,2006
CONTACT: JULIE ENEA(925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISO D COUNTY ADMINISTRATOR
CC: PRESIDING JUDGE OF THE GRAND JURY
GRAND JURY FOREMAN C
COUNTY ADMINISTRATOR
INTERIM EMPLOYMENT AND HUMAN SERVICES DIRECTOR BY DEPUTY
BOARD OF SUPERVISORS RESPONSE TO
GRAND JURY REPORT NO. 0604: `
CAULK THE CRACKS THAT CHILDREN FALL THROUGH!
For the Sake of Children
FINDINGS
1. As of March 2006,there were 1640 Contra Costa County children in foster care and of those,
2.22 youths were in group homes.
Response: Agree, with the clarification that these 1,640 children represent dependent children
under the supervision of the Employment and Human Services Department. There are also
children in foster care and group homes under the supervision of the Probation Department
and Children's Mental Health.
2. The County has 80 Social Workers actively working with foster youth. The Social Workers
average about 23 cases each.
Response: Agree.
3. AB 490 mandates that foster youth school placement be immediate, i.e.that education
information and records be delivered to the school within two (2)working days of receiving a
transfer request.from a county placement agency. A comprehensive public school is to be the
first placement option.
Response: Agree.
4. The Social Worker is authorized to access the educational and medical records of foster youth
for whom they are responsible.
Response: Agree. Generally,social workers may access a foster child's school records without
parental or court consent, but some medical records are considered privileged and require
attorney or court consent for access.
5. Social Workers are authorized to facilitate timely school placement for foster children.
Response: Partially disagree. While social workers are responsible for ensuring a child's
educational needs are met, the caregiver(relative,foster parent or group home) is expected to
enroll the child in the appropriate local school In addition, timely enrollment is dependent
upon the transferring and receiving schools to carry out their respective AB 490
responsibilities. The social worker coordinates and, when necessary, advocates with all of
these parties to facilitate timely school placement
6: Social Workers hired since the fall of 2005, had training on AB 490.
Response: Partially disagree Staff Development records indicate all new worker trainees
since May 2045 have been trained on the provisions ofAB 490 as part of the Placement and
Permanency Core Training.
Caulk the Cracks That Children Fall Through! For the Sake of Children July 13,2006
County Response to Grand Jury Report No.0604 Page 2
7. Social Workers hired prior to fall of 2005,have had no formal training on AB 490.
Resoonse: Disagree. Fifty eight staff attended a New Legislative Initiatives training session
given by County Counsel in May 2004 and six attended the New Initiatives make-up training
in December 2004. The provisions of AB 490 were part of that curriculum. Staff Development
reports that the provisions ofAB 490 are also included in the curriculum of Youth Training
(attended by 15 stafj) and the Bay Area Academy Preparing Youth training(attended by 21
staff).
8. Foster children often arrive at a placement without their current academic or health records.
Resoonse: Agree.
9. Academic records not delivered in a timely manner result in inappropriate or delayed school
placement.
Response: Partially disagree. AB 490 requires that when a foster child changes schools,the
new school must immediately enroll the child, even if it certain documents usually required for
enrollment(eg., academic and medical records, immunization records,proof of residency) are
missing or if fees or materials are owed to the prior school. [Educational Code 48853.5
(d)(4)(B)l There are occasions when social workers or educational liaisons have had to cite
this code. While there are exceptional cases where school enrollment is delayed or
inappropriate,for the most part, the schools are complying with their AB 490 responsibilities.
10. Health records not delivered in a timely manner result in repeating immunizations.
Response: Partially disagree. Since schools are required to enroll a foster child without the
immunization record,given time, the records are generally located and re-immunization is
averted. If a school-aged foster child is missing immunization records, it is generally because
no one is able to find the records, not because she hasn't been immunized. Re-immunization
has happened on occasion, but generally within the preschool population when they are first
detained and their parents either do not have any records or refuse to share them.
11. Social Workers rely on the Contra Costa County Office of Education liaisons to facilitate the
timely transfer of student records.
Response: Agree, with the clarification that the school district is responsible for the timely
transfer of records. Office of Education liaisons are specialists in navigating the bureaucracy
of the schools. Social workers use their assistance when problems arise in timely transfer.
12. Social Workers rely on the group home provider to register the student and facilitate the
transfer of student records.
Response: Partially disagree. Social workers instruct foster care providers of all types
(relatives,foster parents, and group homes) to immediately register the foster child in the
appropriate school and to advise them of any difficulties. The school district must facilitate the
2
Caulk the Cracks That Children Fall Through! For the Sake of Children July 13,2006
County Response to Grand Jury Report No.0604 Page 3
transfer of student records.
13. Social Work supervisors are not evaluating Social Worker implementation of AB 490
requirements.
Response: Disagree. Social Work supervisors evaluate social workers on all aspects of their
case management responsibilities. If a social worker had a pattern of not attending to the
educational needs of children and youths in his/her caseload and if training and counseling
the worker did not yield positive change, this would be reflected in the worker's evaluation.
RECOlVI1VIENDATIONS
The 2005-2006 Grand Jury recommends Children and Family Service take the following steps to
have Social Workers get more actively involved in the new duties and responsibilities imposed on
them by AB 490:
1. Require Social Workers to;take the primary role to ensure the timely school placement of
foster youth.
Response: Will not be implemented because it is not reasonable. The County agrees that the
social worker has a pivotal and critical role in ensuring timely placement of foster children in
school. However, it is important to understand that AB 490 assigns the responsibilityfor
timely enrollment on the school district once the school is advised of the need for a foster child
to be enrolled The social worker can instruct the caregiver to enroll the.child, can contact the
school directly, and can involve the educational liaisons or the child's attorney if there are
difficulties. However, if the districts or schools don't comply with the provisions of AB 490,
the matter may ultimately need to be resolved in the Juvenile Court The Employment and
Human Services Department'is committed to working cooperatively with schools and school
districts to facilitate timely school placement
2. Provide training to Social Work Supervisors and Social Workers on AB 490 duties and
responsibilities.
Response: Has been implemented New social worker trainingand other training curriculum
include the requirements ofAB 490. Additionally, within the coming Fiscal Year, the
Employment and Human Services Department plans to offer new training on how to meet the
educational needs of children, including AB 490 requirements. The new training will be
supplemented with a copy of Frequently As Questions &Answers about AB 490,published
by the California Foster Youth Education Task Force.
3. Require Social Work Supervisors to monitor and evaluate Social Workers to make certain that
Social Workers are implementing the requirements of AB 490.
Response: Has been implemented, and was reviewed with supervisors at the Management
Operations Team meeting(attended by all child welfare supervisors and managers) in June
3
Caulk the Cracks That Children Fall Through! For the Sake of Children July 13,2006
County Response to Grand Jury Report No.0604 Page 4
2006.
4. Require Social Workers to verify foster children have been appropriately placed in school.
Response: Has been implemented Further, the Employment and Human Services
Department will reinforce the importance of timely school placement in the training and
discussions with supervisors. We will also add an article to the Foster Family Newsletter to
advise foster parents about the provisions of AB 490 that will also instruct them to immediately
inform the social worker and/or the educational liaison if they encounter any difficulties
enrolling foster children in school. This will assist us in identifying particular trends with
specific schools or school districts.
4