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HomeMy WebLinkAboutMINUTES - 08152006 - C.43 I Contra Costa ;." County CESTA CUN'�CS TO: BOARD OF SUPERVISORS FROM: Dennis M. Barry, AICP Community Development Director DATE: August 15, 2006 SUBJECT: North Richmond Area Public Works Maintenance Services Community Facilities District SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS HOLD second reading and ADOPT Ordinance 2006-32 entitled "Ordinance Levying Special Taxes within the County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services). CONTINUED ON ATTACHMENT: X YES SIGNATURE: ✓F£ECOMMENDATION OF COUNTY ADMINISTRATOR 'iRECOMM9 DATION OF B ARD COMMITTEE APPROVE OTHER SIGNATURE(S): _ ACTION OF BOA D N !S a2,0-0APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS � //'' I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT /yto-r''e"- ) 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 A5- 03&.0 County Counsel JOHN CULLEN, CLIRK 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\redevUKennedy\NR.BellaFlora.CFD.BoardOrder.8.15.06.doc _'j� FISCAL IMPACT None to the County. 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 area mechanism to finance infrastructure and services for specified geographic areas. 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 any other parcel or parcels in the unincorporated North Richmond area could be annexed into the District in the future with the written consent of the respective property owner.. Only the Bella Flora Project will be within the District and have a special tax as a result of the current proceedings. Subsequent new developments within the unincorporated 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. On July 18,2006 the Board of Supervisors opened the public hearing and continued it to August 8,2006. On August 8 the Board of Supervisors,took comment and closed the hearing, adopted various implementing resolutions, held the election, and held first reading of Ordinance 2006-32. 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). v.2 G:\CDBG-REDEV\redevWKennedy\NR.BellaFlora.CFD.BoardOrder.8.15.06.doc 2 ORDINANCE NO. 2006-32 Ordinance Levying Special Taxes Within the County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. BACKGROUND. On June 13, 2006, this Board of Supervisors (the "Board") of the County of Contra Costa (the "County") adopted Resolution No. 2006/369 (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 "Lave'), to fund certain services (the"Services"). 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. The Resolution of Intention called for a public hearing on the CFD to be held on July 18, 2006, and on July 18 , 2006 this Board opened the public hearing and continued the public hearing to August 8, 2006. On August 8, 2006, this Board held the continued 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. 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. Subsequent to the hearing, this Board adopted Resolution No, 2006/431 (the "Resolution of Formation"), and Resolution No. 2006/432, 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. On August 8, 2006 an election was held within the CFD in which the two eligible landowner electors approved said propositions. ARTICLE il. LEVY OF SPECIAL TAXES. By the passage of this Ordinance this Board hereby authorizes and levies special taxes within the CFD, pursuant to the Law, in accordance with the rate and method of apportionment of special taxes appended as Exhibit B to Resolution No. 2006/369 (the "Rate and Method of Apportionment") and approved by Resolution No. 2006/431, which Resolutions are by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2006-07 and in each fiscal year thereafter. ORDINANCE NO. 2006-32 ARTICLE III. DETERMINATION OF SPECIAL TAX RATE. 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. ARTICLE IV. EXEMPT PROPERTIES. Properties or entities of the State, federal or local government's 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. ARTICLE V. USE OF SPECIAL TAXES. 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. ARTICLE VI. COLLECTION ON TAX ROLL. 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 valorern 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. ARTICLE VII. INVALIDITY. 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. ORDINANCE NO. 2006-32 ARTICLE VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage. Within 15 days of passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this'County. PASSED on August 15, 2006, by the following vote: AYES: Uilkema,Piepho, DeSaulmer,Glover and Gioia NOES: None ALSO iv 1:- IYORe- ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator Bo r Chair By: Def uty ORDINANCE NO. 2006-32 7PROOF OF PUBLICATION (2015.5 C.C.P.► �, •� STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. l I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94596. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy {set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaperavid not in any supplement thereof on the following dates, to-wit Aug 18, all in the year of 2006 1 certify (or declare) under penalty of perjury t�at the foregoing is true and correct. Executed alnut Cteek, California, Ont ay of gust, 2006 /" Signature Contra Costa Times P O Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement the published) ORDINANCE NO.2006 32 Ordinance leIng taCunotyofotrin Taxes os CDstritt ,21its District No006 (North Richmond Area Maintenance Services) The Contra Costa County Board of Supervisors OR- DAINS as follows: ARTICLE I. BACKGROUND. On lune 13, 2006, this Board of Supervisors(the "Board")of the County of Contra Costa(the "Coun- ty") adopted Resolution No. 2006/369 (the "Reso- lution Rt mten ion"),stat - inpp Its Intention to estab. - Ilsh the County of Contra Costa Community Facib- ties District No. 20064 (North Richmond Area Maintenance Services) (the "CFD") pursuant to the McBO-ROos Communi. ty Facilities Act of 1982 Section 53311 et seq. of the California Govern- ment Code (the "Law"), to fund certain services (the"Services"). Notice was published as required by the law of the public IrGarinp called pursuant to the 0.esolu- tion of Intention relative to the intention of this Board to form the CFD and to provide for the costs of the Services. The Resolutions of Inten. tion called for a public hearing on the CFO to be held on July 18,2006.and on July 18 1006 this Board opened t6® public hear- - ine and continued the public hearing on August 8,2006. On August 8, 1006 this Board held the continued pqulbrled by law 9elativer o t determ[nation to pro- ceed wlth the formatlon of the CFD and the levy of special taxes therein. At the public hearing all Bersons desiring to be eard on all matters per- Mining to the formation of the CFO and the levy of the special taxes were heard, substantial evi- dence was Presented and considered by this Board and a full and fair hearing was held. Subsequent to the hear. Ing, this Board adopted Resolution No. 2006/431 (the "Resolution of For- mation') and Resolution NO.2000432,which resp- lutions 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 levylnyy a special tax and establishing an apropri- ations limit for the CFD. respectively. On August 8.2006 an elec- tion was held within the CFD In which the two eli- gible landowner electors approved said proposi- tions. ARTICLE It.LEVY OF SPE- CIAL TAXES.By the pas- sage of this Ordinance this Board hereby author- izes and levies special taxes within the CFO,Pur- suant to the Law, in aC cordance with the rate and method of apportion- ment of special taxes app- Pended as Exhibit B to Resolution No. 2006/369 (the"Rate and Method of Apportionment")and ao- proved by Resolution No. 2006/431, which Resolu- tions are by this refer- ence Incorporated herein. The special taxes are hereby levied commenc- ing In fiscal year 2006-07 and In each fiscal year thereafter. ARTICLE Ill. DETERMINA- TION OF SPECIAL TAX RATE. The Auditor. Contrv$I,ar of the County, working with the Deputy Director of Public Works of the County, is hereby authorized and directed each fiscal year to deter- mine, or t0 cause t0 be determined, the specific special tax rate and amount to be levied for each parcel Of real Pprop- erty within the CFD,in the manner and asprovided In the Rate and Method of Apportionment. ARTICLE IV. EXEMPT PROPERTIES.Properties or entities Of the state, federal or local govern- ments shall be exempt from any levy of the spe- cial taxes to the extent set forth in the Rate and Method of Apportion- ment. In no event shall the special taxes be lev- ied on any parcel within the CFD in excess of the maximum tax specified in the Rate and Method of Apportionment. ARTICLE V. USE OF SPE- CIAL TAXES All of the col- lections of the special tax shall be used as provided for In the Law and In the Resolution of Formation Includingp the Payrent of costs Of provitling the services,and the costs of County incurred in ad• ministering the CFD and the levying and collecting the special tax. ARTICLE VI, COLLECTION ON TAX ROLL.The special taxes shall be collected from time to time as nec- " essary to meet the finan- cial obligations Of the CFD on the secured real prop- erty tax roll in the same manner as ordinary ad valorem taxes are collect- ed. 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 delin- ad valorem taxes.In addir tion, the provisions Of Section 53356.1 of the Cal- Ifornla 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 Coun- ty, ishereauthorized and directed to take all actions necessary in or- der to effect proper bill. Ing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amountsand at the times necessary to satisfy the financial obligations Of the CFD In each fiscal year. Notwithstanding the fore- ging, the Auditor- Controller of the County, working with the Deputy - Director of Public Works of the County, may col- lect or cause to be col- lected one or more in. stallments of the special taxes on any one or more mee CFD ans of cels dire t 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 oof Cg11eCtion will .reduee:E61e atfr7firl1strative burden in administering the CFD or Is otherwise appropriate in the cir. cumstances. In such event, the special taxes shalt become delinquent It not paid when due as set forth In any such re- spective billing to the ap- plicable property Owners. ARTICLE VII. INVALIDITY, If for any reason any por- tion of this Ordinance is found to be Invalid, or If the special tax Is found Inapplicable t0 any par- ticular parcel within the CFD,by a Court of compe- tent jurisdiction, the Gal- anile of this Or ante. and the application of the special tax to the remain- in5t parcels within the CFD,Shall nOt be affected.. ARTICLE VIII. EFFECTIVE DATE.This ordinance be- comes effective 30 days after passage. Within 15 days of passagye,this or- dinance shall be publish- ed once with the names of the supervisors voting for and against It In the Contra Costa Times, a newspaper published in this County. PASSED on Augqust 15. 2006, by the flo Owl no vote: DeSSaauht�R,pGloverr a anod 01014 HOES;None. ABSENT:None ABSTAIN:Nona - ATTEST JOHN CULLEN, Clerk of the Board of Supervisors and County ' Administrator /s/John Giola Board Chair By:/s/Emelda L.Sharp Deputy Legal CCT 6452 Publish August 18.2006 tiE L LEGAL PUBLICATION REQUISITION Contra Costa County ST'S COUl1'� FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: AUGUST 15, 2006 Phone No.: 925-335-1903 Reference No.: 2003 Org.: Sub Object: 2190 Task: SAS Activity: Publication Date (s) AUGUST 18, 2006 No. of Pages: (4) LEGAL PUBLICATION ADOPTION OF ORDINANCE NO. 2006-32 "FAX' ONLY ' *** Immediatly upon expiration of publication, ** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature. Please confirm date of publica ion and receipt of this fax.