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HomeMy WebLinkAboutMINUTES - 08082006 - SD5 Contra Costa ' County TO: BOARD OF SUPERVISORS FROM: Dennis M. Barry, AICP Community Development Director DATE: August 8, 2006 SUBJECT: North Richmond Area Public Works Maintenance Services Community Facilities District SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As the Board of Supervisors: 1. HOLD Continued Public Hearing,that was opened on July 18,2006,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). CONTINUED ON ATTACHMENT: _X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOA ENDATION O BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOA ON jo acvj1- APPROVED AS RECOMMENDED?QTHETC 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 CULLEN, CUffRK 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 EPUTY * KB Homes G:\CDBG-REDEV\redev\JKennedy\NR.BellaFlora.CFD.BoardOrdec8.8.06.doc 1 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 i y the voter approved special tax. BACKGROUND/REASONS FOR RECOMMENDATIONS Mello-Roos Community Facilities Districts are a 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. I 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 the matter to August 8,2006. The proceedings of June 13,2006 ex pressly 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), had 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-REDE\/\redev\JKennedy\NR.BeitaFlora.CFD.BoardOrder.8.8.06.doc 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this llResolution on August Es, 2006, by the following vote: AYES: NOES: a� ABSENT: ABSTAIN: `s�L STa coiixf; Resolution No. 2006/431 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 Resolution No.006/369 (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 July 18, 2006 this Board opened the public hearing and continued the public hearing to August 8, 2006; and WHEREAS, on this date this Board held the continued 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 atthe 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 tax 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. 2006/431 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. Section 3. All prior proceedings taken by this Board in connection with the establishment of the CFD and the levy of the special tax have 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 CFD, 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 Resolution No. 2006/369 of Intention to Form the CFD, adopted by the Board on June 13, 2006, 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 Resolution No. 2006/369 of Intention to Form the CFD, adopted by the Board on June 13, 2006, which Exhibit is by this reference incorporated herein. This Board hereby finds that the basis for the levy and apportionment of thespecial tax, as set forth in the Rate and Method, is reasonable. I 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 CFDland 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 perpeti ity. 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 X11113 RESOLUTION NO. 2006/431 of the California Constitution. For purposes of adjusting for changes in population, the population bf the CFD shall be deemed to be at least one person during each calendar year. 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 atheshown: ATTESTED: 4 JOHN CULLEN, Cle the Board of Supervisors and County Administrator By u 03007.16:J8926 7/24/06 I I RESOLUTION NO. 2006/431 w - q THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on Augu It 8, 2006, by the following vote: AYES: NOES: OFY, ABSTAIN: c/2G ��STA Coc3 Resolution No. 2006/432 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 Resolution No. 2006/431 (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 pro jisions 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 la 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. 2006/432 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 ballotslwhich 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 reort to this Board as required by Section 50075.3 of the California Government Code. RESOLUTION NO. 2006/432 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 �ggt Deputy 03007.16:J8924 61 7/24/06 RESOLUTION NO. 2006/432 EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2006-1 (NORTH RICHMOND AREA MAINTENANCE SERVICES) OFFICIAL BALLOT Special Tax Election (August 8, 2006) This ballot is for a special, la downer 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) (the "CFD") Yes: 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 annul al appropriations limit of the CFD be No: 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 August 8, 2006, by the following vote: o� AYES: ��Ce ��ci¢ rt/iC.u-ru1�✓d sE -L �� , NOES: ABSENT: �u�.�il� ABSTAIN: Resolution No. 2006/433 In the Matter of Resolution Declaring Results of ) Special Election and Directing Recording of ) Notice of Special Tax Lien ) I 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 Resolution No. 2006/432 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 THEA 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. 2006/433 Section 6. 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 Administra r By ,Deputy 03007.16:J8925 7/24/06 RESOLUTION NO. 2006/433 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 August 8, 2006, 1 canvassed the returns of the special election held on August 8, 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 Tax Election 22 22 August 8, 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 81" day of August, 2006. County Administrator and Clerk of the Board of Supervisors By: Deputy Clerk A-1 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 Boa rd 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 "Law"), 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 II. 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 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. 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 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 eai h 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 ofthe 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 I 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: NOES: ABSENT: ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator Board Chair By: Deputy ORDINANCE NO. 2006-32 Quill&1'himmig LLP FINAL 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 Ithe 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. 03007.16:18921 Reference 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 County Recorder for the County of Contra Costa, State of California, which map is now the final boundary map of the community facilities district. 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 contacts 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 Ithe 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 -2- 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 3rd 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 Drai age Services. Maintenance and operation of flood and storm drainage improvements in the North Richmond Area owned or otherwise controlled by the County or the lContra Costa County Flood Control and Water Conservation District(the "District"I). The CFD may fund any of the I 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 they 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 I (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 I 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 A-1 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. 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. J A-2 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 any way 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). B-1 i i Commercial Parcels: Means Assessor Parcels classified as Commercial Parcels or "Improved Commercial Parcels" (by the County Assessor. Condominium Parcels:Means Assessor Parcels classified as "Condominium Parcels"by the County Assessor;including below market rate condominiums. 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 County 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. B-2 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. County of Contra Costa Community Facilities District No.2006-1 (North +Richmond Area Maintenance Services) Fiscal Yeai 2006-07 Special Tax Rates by Land Use" 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 I $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 20 07-08 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 iof 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. B-3 J 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. 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. 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 Ifor 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 discretions 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. B-4 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 withthe 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-5 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 C-1 I 7/12/06 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 I 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 herJeby 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. 03007.16.J8920 I 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. 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 lavailable for use in payment of any obligation of the County hereunder. No Board Member, 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 Obuzation 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 3 2006 By: C'*A v i' V-151ef Engineer COUNTY OF CONTRA COSTA (the "County") Date of Execution:July 1.3 2006 �`� By: i uty Directo -Redevelopment 03007.16:J8920 -3- I J ATTACHMENT A DESCRIPTION OF THE SERVICES Maintenance and operation of flood and storm drainage improvements in the North Richmond Area of the County ofl Contra Costa owned or otherwise controlled by the Contra Costa County Flood Control and Water Conservation District. A-1 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, referent a 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 taxes 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.Ion 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- C. COST ESTIMATE. The initial cost estimate for the services is set forth in Exhibit "B" attached hereto and hereby made a part hereof. Dated: July 18, 2006 By: Deputy Dir • of Public Works, County of Contra Costa -3- 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 3rd Street. II. Open Space Service s. 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 overheadlexpenses). 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 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 2006-071 will exceed $120,000 (and the Maximum Special Tax for the CFD 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 Quint&Thimmlg LLP 7/24/06 ORDER OF PROCEEDINGS for COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2006-1 (NORTH RICHMOND AREA MAINTENANCE SERVICES) August 8,2 006 1. County Staff provides biackground information and discuss contents of the Community Facilities District Report. 2. The Chair then makes the following remarks: "This is the time and place for the continued public hearing in this Board's proceedings for Community Facilities District No. 2006-1. The hearing is to inquire into the formation of the CFD, the services eligible to be funded by the CFD, the levy of special taxes in the CFD, and the possible future annexation of territory to the CFD. "Before I formally open the continued hearing, are there any property owners or registered voters in the CFD or the possible future annexation area of the CFD who wish to file written protests? If so, they must be filed with the Clerk of the Board now. [Pause to see if there are any protests.] "The continued public hearing is now officially open. Does anyone in the audience wish to make any comments on this matter? When all comments have been received the hearing will be Iclosed." 3. Time for comments from audience. 4. The Chair then closes the public hearing. 5. The Board of Supervisors may then ask questions and discuss the CFD. 6. When discussion is through, the Board considers adoption 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. 03007.16:J8922 I • Resolution Calling Special Election Within Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services). 7. The Chair then announces: I At this time, I ask the Clerk of the Board to open the two ballots of the sole landowners in the CFD and announce the results of the election." (Pause for opening of the two ballots.] 8. The Clerk of the Board opens the ballot and announces the results of the election. The Clerk of the Board then completes one copy of the Canvass and Statement of Result of Election (attached as Exhibit A to the second Resolution listed in 6. above). 9. The Chair the announces: The results of the election being unanimously in favor of the levy of the special taxes and the establishment of the appropriations limit for the CFD, we may now proceed with the final actions for the CFD." 10. The Board of Supervisors then considers the following actions: • adoption of Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien. • first reading of Ordinance Levying Special Taxes Within the County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services). End of Item. -2- i. x r r \ 1 1 9 coo tr G c 4 ' 4