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HomeMy WebLinkAboutMINUTES - 07222008 - D.4 '•�r h Contra >`•'J :; >` Costa o� County. TO: BOARD OF SUPERVISORS FROM: DENNIS M. BARRY, AICP, INTERIM DIRECTOR rev2 DEPARTMENT OF CONSERVATION AND DEVELOPMENT DATE: July 22, 2008 SUBJECT: BART Transit Village Maintenance Community Facilities District, Contra Costa Centre SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As the Board of Supervisors: 1. CONDUCT Public Hearing on the formation of a community facilities district to fund the costs related to the maintenance of area infrastructure benefiting the Contra Costa Centre area and the BART Transit Village Project; 2. ADOPT Resolution 2008/463, a Resolution of Formation of Contra Costa County Community Facilities District No. 2008-1 (BART Transit Village); 3. ADOPT Resolution 2008/464,a Resolution Calling for Special election Within Community Facilities District No. 2008-1 (BART Transit Village); 4. CONDUCT Special Election, open ballot, and announce results; and 5. ADOPT Resolution 2008/465, a Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien; and 6. FIRST READING of Ordinance 2008-22 entitled "Ordinance Levying Special Taxes Within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village). CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATIO OF COUNTY ADMINISTRATOR RECO MENDATION BOARD COMMITTEE X APPROVE OTHER I SIGNATURE(S): ACTION OF BOARD ON :k-aa APPRoW6 46RECOMMENCrED�OTAER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT Za 4- 22ZZ ) 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: Department of Conservation& Development cc: County Administrator ATTESTS vro2al/ County Counsel AB CL6#K OF THE Treasurer-Tax Collector ERVISORS Auditor-Controller TY ADMINISTRATOR via: Redevelopment * Quint & Thimmig BE TY AvalonBay Communities GACDBG-REDEV\MelloRoosCFD\BART Transit Village\Board Action#2.July.22.2008\Board.Order.Res.Formation.7.22.08.rev2.doc 1 FISCAL IMPACT: None. Consultant costs required to establish the Community Facilities District are paid by the involved developer, and all costs of administering the District would be 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 to guide the formation of Community Facilities Districts on September 13, 1994. Pleasant Hill Transit Village Associates, LLC(the"Developer")is obligated by a business agreement with the County Redevelopment Agency to participate in a mechanism to generate funds for maintenance of Public Works Facilities in the Contra Costa Centre area in its development of the BART Transit Village. The Agency Assistance Agreement of December 19, 2005 provides that the developer will pursue establishment of a Mello-Roos Special Tax to, at a minimum, provide for what is described below as the Tier 1 tax. The tax for services would be comprised of two tiers: Tier 1 would be a flat $50,000/year for a maintenance of area benefiting infrastructure such as Iron Horse Overcrossing of Treat Blvd(a pedestrian and bicycle overcrossing at Jones Road and Treat Blvd.), Walden Green (a linear park immediately to the.east of the BART Transit Village project), and the proposed pedestrian and bicycle shortcut path from the Las Juntas Way/Cherry Lane area to the David/Minert/Bancroft area of Walnut Creek; and Tier 2 would be an annual special tax to cover the costs of maintenance associated with the specialized infrastructure being installed as part of the BART Transit Village Project, including decorative lighting,special pavers, parks and plazas,street furniture,etc.The Tier 2 tax would be indexed for inflation, and would be permanent so long as the property is developed as taxable residential and non-residential land uses. BART owned property that is not developed with taxable residential or nonresidential uses is exempt from the special tax. Should the contemplated taxable uses cease to exist on the property the Mello-Roos tax would cease as well. It has been determined that the best vehicle for generating the service tax is through a Mello-Roos Community Facilities District proceeding. Expenditures to be covered by the Special Tax may include payment of staff expenses (including salary, benefits, and overhead), and expenses related to the administration and collection of the special tax. The BART Transit Village is a 522 unit residential/mixed use project that includes 422 rental units & 100 for sale condominiums, approximately 35,500 square feet of retail, a business conference center and a 290,000 square foot office building. The Tentative Map has been approved, as is the Preliminary and Final Development Plan(County File SD-058950, DP-023041,and DP-043099 respectively,which were approved by the County in 2002 and 2005). On June 17, 2008,.the Board of Supervisors adopted a Resolution of Intention relating to the establishment of a BART Transit Village Maintenance Community Facilities District (Resolution 2008/426), and set July 22, 2008, as the date for a public hearing on the establishment of the proposed Community Facilities District,and actions related thereto. The proceedings of June 17, 2008 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. The Board of Supervisors meeting of July 22 is the second meeting of the Board to consider formation of the BART Transit Village Maintenance Community Facilities District 2008-1. The initial action of the Board at this meeting is to conduct the public hearing to inquire into the formation of the District,the services eligible to be funded, the levy of special taxes in the District,and the possible future annexation of territory into the District. Once the public hearing has been conducted the Board may consider adoption of resolution 2008/463, a Resolution of Formation of County of Contra.Costa Community Facilities District No. 2008-1 (BART Transit Village). This Resolution of Formation determines that the proposed special tax has not been precluded by majority protest,that the proceedings have been undertaken in conformance with California Law, names the District,approves the District boundaries,specifies the type of services eligible for funding by the District,and establishes an appropriations limit for the District. The next action of the Board is to call for a special election in the District. It does so by adoption of Resolution 2008/464,a Resolution Calling for Special Election Within Community Facilities District No. 2008-1 (BART Transit Village). Because the proposed District does not contain any registered voters,the landowner is the voter. The San Francisco Bay Area Rapid Transit District (BART)is the landowner and will cast the sole vote. BART will not pay the Special Tax; rather that obligation will pass through to the owner of the improvements to be built on the site. The Developer, an affiliate of AvalonBay Communities,will pay the Special Tax approved. Because this is a landowner vote,the Ballot will be available to be opened and the results announced on July 22, 2008. Assuming an affirmative vote by the landowner the Board would then adopt Resolution 2008/465,a Resolution Declaring results of Special Election and Directing Recording of the Notice of Special Tax Lien. The Board also conducts a first reading of Ordinance 2008-22 entitled"Ordinance Levying Special Taxes within the County of Contra Costa Community Facilities District No.2008-1 (BART Transit Village)". The Ordinance authorizes the levy of the Special Taxes, directs the Auditor-Controller and the Public Works Director to annually prepare the special tax levy, and to administer the collection of the special tax assessment. At the next available Board date(August 5, 2008 in this particular case)the Board of Supervisors would conduct a second reading of the Ordinance and adopt it. This will conclude the public proceedings related to establishment of the District. G:\CDBG-REDEV\MelloRoosCFD\BART Transit Village\Board 2 Actio n#2.July.22.2008\Board.Order.Res.Formation.7.22.08.rev2.doc Pursuant to the adopted.financing policies for Community Facilities Districts, 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 BART Transit Village Maintenance Community Facilities District 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). GACDBG-REDEV\MelloRoosCFD\BART Transit Village\Board 3 Action#2.Ju ly:22.2008\Board.Order.Res.Formation.7.22.08.rev2.doc COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) 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 -1- COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) 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 17, 2008, adopt Resolution No. 2008/426 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 - BART Transit Village" (the "Resolution of Intention"). In the Resolution of Intention, the Board expressly ordered the preparation of a written Conununity Facilities District Report (the "Report") for the proposed County of Contra Costa Conununity Facilities District No. 2008-1.(BART Transit Village) (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 adopted by the Board. NOW, THEREFORE, 1, the Deputy Director - Redevelopment in the Department of Conservation and Development 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 funned by the CFD. The proposed boundaries of the CFD are described in the map of the CFD recorded in Book 83 at Pages 27 and 28 (Document No. 2008-0142557-00) of Maps of Assessment and Community Facilities Districts at 2:04 p.m. on June 25, 2008, 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 armexation 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 22,2008 Bv: De Duty Director edevelopment, Depart n 'nt of Conseiva ioii and Development County of ntra Costa -3- EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) 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 the foregoing: Tier 1. (a) 1Vlaintenance of the Iron Horse Trail overcrossing over Treat Boulevard, which is located in the vicinity of the CFD; including,but not limited to, the following: • Structural steel painting on a programmed basis; • Maintenance and replacement of deck drainage and expansion joints; • Maintenance and replacement of railing and projectile fencing; • Maintenance and replacement of bridge deck and aesthetic lighting; • Landscape maintenance and replacement; • Traffic signal repair/replacement; and • Bridge deck pavement sealing and replacement.. (b) Maintenance of the Walden Green linear park, which is located in the vicinity of the CFD, including, but not limited to, the following: • Landscape maintenance and replacement, including mowing, watering, weeding, and replacement; • Repair and replacement of signage; • Repair and replacement of irrigation lines and water lines; • Trail paving and sealing; • Trash pick-up;. • Water and electricity requirements; and • Security, including the repair and replacement of fencing. (c) Maintenance of the Contra Costa Centre Shortcut Path for pedestrians and bicycles, from the Brancroft/David/Minert area of Walnut Creek to the Contra Costa Centre area, including to BART and to the BART Transit Village, and located in the vicinity of the CFD; including,but not limited to, the following: • Trail paving and sealing; • Repair and replacement of signage; • Landscape maintenance and replacement • Repair and replacement of irrigation lines; • Security, including the repair and replacement of fencing and security call- boxes; • Water and electricity requirements; and AA • Trash pick-up. Tier 2. (a) Maintenance of street lights in the Contra Costa Centre area, within and in the vicinity of the CFD, including, but not limited, to the maintenance, operation and replacement of fixtures, lighting and appurtenances, and electricity requirements. (b) Maintenance of colored concrete areas within portions of the roadways and sidewalks in the Contra Costa Centre area, within and in the vicinity of the CFD, including, but not limited to, maintenance of surface areas, repair and replacement, trash pick-up, and related services. (c) Maintenance of landscaping within portions of the roadways and sidewalks in the Contra Costa Centre area, within and in the vicinity of the CFD, including, but not limited to, maintenance of street trees, median landscaping and sidewalk landscaping. The CFD may fund any of the following related to the services described above: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities, the funding of reserves for replacements, paying the salaries and benefits of personnel (including but not limited to inspection and maintenance workers 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, either with its 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 tlne 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. 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 for the payment of the costs of the services. A-2 EXHIBIT B COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) SERVICES COST ESTIMATE It is expected that the costs of providing the services eligible to be funded by the CFD will be: (i) up to $50,000.00 for the Tier 1 services; and (ii) up to $68,000.00 for the Tier 2 services in Fiscal Year 2008-09, with the costs of the Tier 2 services to increase cumulatively on July 1, 2009 and on each July 1 thereafter by a percentage equal to the increase, if any, in the prior calendar.year's change in the Consumer Price Index for All Urban Consumers for the Bay Area: San Francisco - Oakland - San Jose. See the Rate and Method of Apportionment of Special Taxes for the CFD for the maximum special tax rates that are estimated to provide.funding needed to pay for the Services eligible to be funded by the CFD. B-] THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July.22, 2008, by the following vote: AYES: /O'�Z 0,-n 0'j, e;lU yG NOES: 2 _--_- ABSENT: ABSTAIN: a n e ��sra'covK'C't Resolution No. 2008/463 In the Matter of Resolution of Formation of County ) of Contra Costa Community Facilities District No. ) 2008-1 (BART Transit Village), and Authorizing ) the Levy of a Special Tax Within the CFD ) WHEREAS, on June 17, 2008, this Board of Supervisors (the "Board") of the County of Contra Costa (the "County") adopted Resolution No. 2008/426 (the "Resolution of Intention") stating its intention to form the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) (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 22, 2008; and WHEREAS, 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 — Redevelopment of the Department of Conservation and Development 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 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. 2008/463 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, except as expressly waived pursuant to Section 10 of the Resolution of Intention. Section 4. The community facilities district designated "County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village)" 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 2:04 p.m. on June 25, 2008, in the County Recorder's Office in Book 83 of Maps of Assessment and Community Facilities Districts at Pages 27 and 28 (Document No. 2008-0142557-00), 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. 2008/426 of Intention to Form the CFD, adopted by the Board on June 17, 2008, 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. 2008/426 of Intention to Form the CFD, adopted by the Board on June 17, 2008, 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 Public Works Director of the County or her designee) 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 $3,300,000.00 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 XIIIB RESOLUTION NO. 2008/463 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. 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 Ad 'nistrator y 03007.21:J10027 7/11/08 RESOLUTION NO. 2008/463 Quint&-'I'himmil"LLP 7/11/08 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. 2008-1 (BART Transit Village) 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. 2008-1 (BART Transit Village) 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 attacher hereto and by this reference made a part hereof (the "Rath: kind Method of Apportionment"). Conditions under 4Vhlcll 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 property within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) in accordance with Section 3115.5 of the California Streets and Highways Code and the Rate and Method of Apportionment. The name of the owner of the real property included within the area of this community facilities district and the assessor's tax parcel 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. 03007.21:110022 Reference is made to the boundary map of the community facilities district recorded at 2:04 p.m. on June 25, 2008, in Book 83 of Maps of Assessment and Community Facilities Districts at Pages 27 and 28 (Document No. 2008-0142557-00), 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 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: A ' 2008 County Administrator and Clerk of the Board of Supervisors By: Deputy Clerk EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO.2008-1 (BART TRANSIT VILLAGE) DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE CFD Services: The services to be funded, in whole or in Dart, by the CFD include all direct and incidental costs related to the foregoing: Tier 1. (a) Maintenance of the Iron Horse Trail overcrossing over Treat Boulevard, which is located in the vicinity of the CFD; including,but not limited to, the following: • Structural steel painting on a programmed basis; • Maintenance and replacement of deck drainage and expansion joints; • Maintenance and replacement of railuig and projectile fencing; • Maintenance and replacement of Bridge deck and aesthetic lighting; • Landscape maintenance and replacement; • Traffic signal repair/replacement; and • Bridge deck pavement sealing and replacement. (b) Maintenance of the Walden Green linear park, which is located in the vicinity of the CFD, including, but not limited to, the following: • Landscape maintenance and replacement,including mowing,watering, weeding, and replacement; • Repair and replacement of sigriage; • Repair and replacement of irrigation lines and water lines; • Trail paving and sealing; • Trash pick-up; • Water and electricity requirements; and • Security, including the repair and replacement of fencing. (c) Maintenance of the Contra Costa Centre Shortcut Path for pedestrians and bicycles, from.the Brancrof t/David/Minert area of Walnut Creek to the Contra Costa Centre area, including to BART and to the BART Transit Village, and located in the vicinity of.the CFD;including, but not limited to, the following: • Trail paving and sealing; • Repair and replacement of signage; • Landscape maintenance and replacement • Repair and replacement of irrigation lines; A-1 • Security, including the repair and replacement of fencing and security call- boxes; • Water and electricity requirements;and • Trash pick-up. Tier 2. (a) Maintenance of.street lights in the Contra Costa Centre area, within and in the vicinity of the CFD,including,but not limited, to the maintenance, operation and replacement of fixtures, lighting and appurtenances, and electricity requiremelnts. (b) Maintenance of colored concrete areas within portions of the roadways and sidewalks in the Contra Costa Centre area, within and in the vicinity of the CFD, including, but not limited to, maintenance of surface areas, repair and replacement, trash pick-up, and related services. (c) Maintenance of landscaping within portions of the roadways and sidewalks in the Contra Costa Centre area, within and in the vicinity of the CFD, including, but not limited to, maintenance of street trees, median landscaping and sidewalk landscaping. The CFD may fund any of the following related to the servicesdescribed above: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities, the funding of reserves for replacements, paying the salaries and benefits of personnel (Including but not limited to inspection and maintenance workers 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, either with its 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. 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 A-2 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 for the. payment of the costs of the services. A-3 EXHIBIT B COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Taxes applicable to each Assessor's Parcel in Community Facilities District No. 2008-1 (BART Transit Village) [herein "CFD'No. 2008-1" or "CFD"] shall be levied and collected according to the tax liability determined by the Board of Supervisors of the County of Contra Costa, acting in its capacity as the legislative body of CFD No. 2008-1, through the application of the appropriate Special Taxes, as described below. All of the property in CFD No. 20084, Lidless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2008-1., unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the'following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County snap. "Act" means the Mello-Roos Cominunity Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the'direct and indirect expenses incurred by the CFD or the County in connection with the establishrilent and administration of CFD No. 2008-1 (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of attornevs, any fees of the County or the CFD related to CFD No. 2008-1. or the collection of Special Taxes, an allocable share of the salaries of County or CFD staff directly related thereto and a proportionate amount of the County's and the CFD's general administrative overhead related thereto, any amounts paid by the County or the CFD from their respective general funds with respect.to CFD No. 2008-1. or the services authorized to be financed by CFD No. 2008-1, expenses incurred by the County or the CFD in undertaking action to foreclose on properties for which the payment of Special Taxes is delinquent, any amounts necessary to maintain a reserve required by CFD No. 2008-1 for the payment of services, and all other costs and expenses of the Counh, or the CFD in anv way related to CFD No. 2008-1. "Administrator" means the person or firm designated by the Board of Supervisors to administer the Special Taxes according to this RMA. County of Contra Costa CFD No. 2008-1 2 June 6, 2008 B-1 "Assessor's Parcel" or "Parcel" means a lot of parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Authorized Tier 1 Services" means the public services identified as Tier 1 services that are authorized to be funded by CFD No..2008-1, as set forth in the CFD formation.documents . adopted by the Board of Supervisors. "Authorized Tier 2 Services" means the public services identified as Tier 2 services that are authorized to be funded by CFD No. 2008-1, as set forth in the CFD formation documents adopted by the Board of Supervisors. "BART" means the San Francisco Bay Area Rapid Transit District. "BART Public Property" means San Francisco Bay Area Rapid Transit District-owned Parcels that are not subject to a leasehold interest of the character described by Section 53340.1(a) and are not Residential Property or Non-Residential Property. "Board of Supervisors" means the Board of Supervisors of the County of Contra Costa, acting as the legislative body of CFD No. 2008-"1. "County" means the County of Contra Costa. "Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a building permit for new construction was issued prior to April 30 of the preceding Fiscal Year. "Developer" means Pleasant Hill Transit Village Associates, LLC. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Future Annexation Areas" means the areas designated for future annexation to CFD No. 2008- 1 as shown in the proposed CFD No. 2008-1 boundary map in Exhibit B of this RMA. ."Maximum Special Taxes" means, collectively, the Maximum Tier 1 Special Tax and Maximum Tier 2 Special Tax. "Maximum Tier 1 Special Tax" means the'niaximunn Tier 1 Special Tax that can be levied on Taxable Property in any Fiscal Year determined in accordance with Section C below. "Maximum Tier 2 Special Tax"•means the maximum Tier 2 Special Tax that can be levied on Taxable Property in any Fiscal Year determined in accordance with Section C below. "Non-Residential Property" means Developed Property for which a. building permit was issued for a commercial, office, or industrial use. "Original CFD Formation Parcel" means that portion of Assessor's Parcel 148-221-0:36 as described in Exhibit A to this RMA. County of Contra Costa CFD No. 2008-13 June 6, 2008 B-2 "Public Property" means any property Within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, State of California, County, cr other local governments or public agencies. Public Property includes BART Public Property. "Residential Property" means Developed Property for which a building permit was issued for purposes of constructing one or more residential Units. "RMA" means this Rate and Method of Apportionment of Special Tax. "Section 53340.1(a)" of the Act reads as follows: If a public agency owning property, including property held in trust for any beneficiary, Which is exempt from a special tax pursuant to Section 53340 grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax shall, notwithstanding Section 53340, be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. "Special Taxes" means,collectively, the Tier 1 Special Tax and the Tier 2 Special Tax. "Square Footage" or "Sq..Ft." means.the floor area square footage reflected on the original construction building permit issued for construction of Non-Residential Property, plus any Square Footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building. "Taxable Property" means any Assessor's Parcels within the boundaries of CFD No. 2008-1 that are subject to a leasehold interest of the character described by Section 53340.1(a) and that are not exempt from the Special Tax pursuant to law or Section E below. Taxable Property includes any Parcel owned by BART for which (i) there is a leasehold interest of a character described by Section 53340.1(a), or (ii) that is Residential Property or Non-Residential Property. Taxable Property does not include BART Public Property. "Tier 1 Special Tax" means a special tax levied in any Fiscal Year to pay the Tier 1 Special Tax Requirement. "Tier 1 Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay for Authorized Tier 1 Services, (ii) pay for a portion of the Admilustrative Expenses for the Fiscal Year, (iii) cure any delinquencies in the payment of Tier 1 Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Tier 1 Special Taxes which have already taken place) are expected to occur 'in the current Fiscal Year, and (iv) to create or replenish reserve funds for future services or replacements,provided,however, that the Tier 1 Special Tax Requirement shall not exceed$50,000 in any Fiscal Year. "Tier 2 Special Tax" means a special tax levied in any Fiscal Year to pay the Tier 2 Special Tax Requirement. County of Contra Costa CFD No. 2008-14 June 6, 2008 "Tier 2 Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay for Authorized Tier 2 Services, (ii) pay for a portion of the Administrative Expenses for the Fiscal Year, (iii) cure any delinquencies in the payment of Tier 2 Special Taxes levied in prior Fiscal B-3 Years or (Erased on delinquencies in the payment of Tier 2 Special Taxes which have already taken place) are expected to occur in the current Fiscal Year, and (iv) to create or replenish reserve funds for future services or replacements,provided,however, that the Tier 2 Special Tax Requirement shall not exceed $68,000 in Fiscal Year 2008-09 dollars, which amount shall increase cumulatively on July 1, 2009, and each July 1 thereafter, by a percentage equal to the increase, if any, in the prior calendar year's change in the Consumer Price Index for All Urban Consumers for the Bay Area: San Francisco-Oakland-San Jose. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Unit" means._ an individual single-family detached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half- plex, duplex, triplex,fourplex, other residential structure, or mobile home park. B. DATA COLLECTION FOR ANNUAL TAX LEVY Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all Parcels of Developed Property and Undeveloped Property within CFD No. 2008-1. The Administrator shall also determine: (i) whether each Assessor's Parcel of Developed Property is Residential Property or Non-Residential Property, (ii) the number of Units on each Parcel of Residential Property, (iii) the total Square Footage on each Parcel of Non-Residential Property, (iv) the Acreage of each Parcel of Undeveloped Property, and (v) the Tier 1 Special Tax Requirement and the Tier 2 Special Tax Requirement. In any Fiscal Year, if it is determined that (i) a parcel map for a portion of property in CFD No. 2008-1 was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created Parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new parcels created by the parcel map, and (iii) one or more of the newly-created parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the properh< affected by recordation of the parcel map by determining the Special Tax that applies separately to each newly-created parcel, then. applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the parcel map. B-4 C. MAXIMUM SPECIAL TAXES 1. Maximum Special Taxes The Maximum Special Taxes for Fiscal Year 2008-09 for a Parcel of Taxable Property shall be determined by reference to the table below: Table 1 Maximum Special Taxes Fiscal Year 2008-09 Maximum Tier 1 Maximum Tier 2 Land Use Special Tax Special Tax Residential Property $105.00per Unit $62.00 per Unit Non-Residential Property $0.16 pe Building Sq. Ft. $0.11 per Building Sq. Ft. Undevelo peI �i P�•operty 1-512,700 per Acre - $9,900 per Acre 2. Maximum Special Tax Increases On Juli71,2009, and each July 1 thereafter, the Maximum Tier 2 Special Tax rates shall be increased by a percentage equal to the increase, if any, in the prior calendar year's change in the Consumer .Price Index for All Urban Consumers for the Bay Area: San Francisco-Oakland-San Jose. The Maximum Tier 1 Special Tax rates shall not be increased in future years. 3. Maximum Special Tax for a Parcel with Multiple Land Uses In soiree instances an Assessor's Parcel of Developed Property may contain more than one land use. The total Maximum Tier 1 Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Tier 1 Special Tax for all Units of Residential Property and Sq. Ft. of Non-Residential Property located on that Assessor's Parcel. Similarly, the Maximum Tier 2 Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Tier 2 Special Tax for all Units of Residential Property and Sq. Ft. of Non- Residential Property located on that Assessor's Parcel. The number of Units shall be determined by referencing the development plan for the property or other County records. D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES The Special Taxes shall be levied and collected according to the methodology outlined below. 1. Tier.1 Special Tax Pursuant to an Agency Assistance Agreement between the Contra Costa County Redevelopment Agency and the Developer, the Tier 1 Special Tax will not be levied until residential and non-residential construction, as contemplated by the Agency Assistance Agreement, is completed and certified by the County for occupancy. Residential and B-5 County of Contra Costa CFD No. 2008-1 6 June 6, 2008 non-residential construction is expected to be completed in July 2010 and.therefore, Fiscal Year 201.0-11 is expected to be the first year that the Tier 1 Special Tax will be levied by CFD No. 2008-1. The Tier 1 Special Tax shall be levied as follows until the amount of the levy equals the Tier 1 Special Tax Requirement: Step 1: The Tier 1 Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Tier 1 Special Tax for Developed Property. Step 2: If additional revenue is needed after Step 1, the Tier 1. Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Tier 1 Special Tax for Undeveloped Property. 2. Tier 2 Special Tax The Tier 2 Special Tax shall be:levied, commencing in Fiscal Year 2009-10, as follows until the amount of the levy equals the Tier 2 Special Tax Requirement: Step 1: The Tier 2 Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Tier 2 Special Tax for Developed Property. ' Step 2: If additional revenue is needed after Step 1, the Tier 2 Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Tier 2 Special Tax for Undeveloped Property. The Special Taxes for CFD No. 2008-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the County may bill directly and may collect at a different time or in a different maiuler if necessary to meet its financial obligations. E. EXEMPTIONS Notwithstanding any other provision of this RMA, in no event shall Special Taxes be levied on Public Property, BART Public Property, or property owned by a homeowners or property owners association.. In addition, no Special Taxes shall be levied on the Original CFD Formation Parcel in anv Fiscal Year in which there is no leasehold interest of the character described by Section 53340.1(a), unless it is Residential Property or Non-Residential Property. F. INTERPRETATION OF SPECIAL TAX FORMULA The County reserves the right to make minor administrative and teclulical changes to this document that do not materially affect the rate and method of apportioning Special Taxes or the County of Contra Costa CFD No. 2008-1 7 June 6, 2008 definition of Taxable Property. In addition, the interpretation and application of any section of this document shall be left to the B-6 County's discretion. Interpretations may be made by the County by resolution of the Board of Supervisors for purposes of clarifying any vagueness or ambiguity in this RMA. G. APPEAL OF SPECIAL TAX LEVY Any property owner claiming that the amount or application of the Special Tax is not correct may file 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 file 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(ies). This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to any legal action by such owner. B-7 EXHIBIT A ORIGINAL CFD FORMATION PARCEL B-8 ExhlbU`W CFD 2008-1 DeAnnexadon Parcel Su division SD05-8950 BART A.P.M. 148-221-036(portion). Project No.:SD 05-8950 Legal Description A portion of that real property described in that certain document elttitled 'Wmendment to the Amended and Restated Acquisition and Development Agreement", recorded August 9, 2000 as Recorder's Series Number 2000-0169689 of Official Records of Contra Costa Cotnttlr situate in an waincorporatedpor•tion of Contra Carta County, State of Califoniia, being a portion ofRanclto Las Juntas,described as follows: Beginning,-at the sotithwesterly corner of the parcel described its that certain 0-ant Deed froin Walmit New Properties to the San Francisco Bay Area Rapid Transit District, recorded October 3, 1984 in Book 12002 at Page 266 of Official Records of Contra Costa County, Yhence, South 89°4236" West 59.17 feet to a pains on the southeasterly line or proposed Lot 5 as said lot is shown on the proposed Feral Map of Subdivision 8950,•Thence along the last said southeasterly line,North 45105339"East, 82.00 feet to a point on the westerly Bite of the saidpar•cel to.the San Francisco Bay Area Rapid Transit District(12002 O.R. 166); Thence along the last said westerly lute. Smah 001/1724"East, 56 77 feet to the Point of Beginning. Containing 1,680 square feet more or less or 0.039 acres more or less. End of Description Assessor's Parcel Numbers: 148-221-036(portion). The Final Map for Subdh6iowj 8930 Is currently in process fur filing This description is intended for assessment purposes only and isnot a Iegal description as defined in the Subdivision Map Act and nury not be used as the basis far the sale or Iease of the land hereon described. This description was made by me or under my direetiorn In conformance-wish the Land Stoireyors Act. k LAMDDq RD David L.Adams L.L.S.No. 7587 License Expires: 12131109 0„ .7587 Date: S'–2g re�e 'k — a 10f Page 1. CFD�UAB-1 dea�revertapcl I39 EXHIBIT B PROPOSED BOUNDARY MAP B-10 r ITO r c \♦ y♦ w�F, ; �.i-""..---.""' �=ice pp • \ y p9 1 ♦\ yy y _ AVON $VA � � VIA 1 � ti-11 + L�x�� �•� � i� al l� � � x I , a � i i wit r r � � i r � • t dba ritA lip prlr � Y� B# r1 � t• t8i � � � . � � A �I � �ti Aa r ■ I' j r �� �t All 12 1 � I �i � y + i� �1 r � y��a � � i • y� ; Z 1 2� ! � i �� �f j � � •• i• � j Y ■ IsIN31; 31; I � ti 4 B-12 EXHIBIT C COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) ASSESSOR'S PARCEL NUMBER AND OWNER OF LAND WITHIN THE CFD Contra Costa County Assessor's Parcel Numbers Owner of Record of Parcels Por 148-22]-036 San Francisco Bay Area Rabid Transit District P. O. Box 12688 Oakland, California 94607-2688 C-1 ORDINANCE NO. 2008-22 (Uncodified) (Levy of Special Taxes Within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village)) The Contra Costa County Board of Supervisors ordains as follows: SECTION I. SUMMARY. This provides for the levy of special taxes within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982 (Gov. Code, § 53311 et seq.) (the "Law"), to fund the services identified in Resolution No. 2008/426. SECTION II.. AUTHORITY. This ordinance is enacted pursuant to Government Code section 53340, subdivision (a). SECTION III. BACKGROUND. On:June 17, 2008, the Contra Costa County Board of Supervisors (the "Board") adopted Resolution No. 2008/426 (the "Resolution of Intention"), stating its intention to establish the CFD to fund certain specified services ("Services"). The Resolution of Intention called for a public hearing on the CFD to be held on July 22, 2008. Notice of the hearing was published as required by the Law. On July 22, 2008, 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. 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. Following the hearing, this Board adopted Resolution No. 2008/463 (the "Resolution of Formation",), and Resolution_No. 2008/464, which resolutions, respectively, 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 July 22, 2008 an election was held within the CFD in which the sole eligible elector approved said propositions. 4 Ordinance 2008-22 -1- SECTION IV. LEVY OF SPECIAL TAXES. Special taxes are hereby levied within the CFD, pursuant to the Law, in accordance with the rate and method of apportionment of special taxes appended as Exhibit B (the "Rate and Method of Apportionment") to the Resolution of Intention and approved by the Resolution of Formation, which Resolutions are by this reference incorporated herein. The special taxes are hereby levied commencing in fiscal year 2008-09.and in each fiscal year thereafter. SECTION V. DETERMINATION OF SPECIAL TAX RATE. The Auditor-Controller of the County, working with the Director of Public Works of the County or her designee, 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. SECTION VI. EXEMPT PROPERTIES. Properties or entities of the State, federal or local governments are exempt from any levy of the special taxes to the extent set forth in the Rate and Method of Apportionment. In no event will 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 VII. USE OF SPECIAL TAXES. All of the collections.of the special tax will 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 levying and collecting the special tax. SECTION VIII. COLLECTION ON TAX ROLL. The special taxes will 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 will 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 Government Code will apply to delinquent special tax payments. The Auditor-Controller of the County, working with the Director of Public Works of the County or her designee, 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 will be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the CFD in each fiscal year. Ordinance 2008-22 -2- Notwithstanding the foregoing, the Auditor-Controller of the County, working with the Director of Public Works of the County or her designee, 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 Director of Public Works of the County or her designee, 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 will become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. SECTION IX. SEVERABILITY. If any provision of this ordinance is held invalid or unenforceable, or if the special tax is held to be inapplicable to any particular parcel within the CFD, by a court of competent jurisdiction, that holding.shall not affect the validity or enforceability of the remaining ordinance provisions or the application of the special tax to the remaining parcels within the CFD, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED AND ADOPTED on by the following vote: AYES: NOTES: ABSENT: ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LW/ H:\Draft\CD\Ord.2008-22.doc Ordinance 2008-22 -3- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008, by the following vote: AYES: �g.�o ►`�� ll: l�l� r+�.� G l w e �-- ���-��_� .•w NOES: -� �-�- n,. ABSENT: 4ca ABSTAIN: �.U►'`Q—► co Resolution No. 2008/464 In the Matter of Resolution Calling Special ) Election Within Community Facilities District No. ) 2008-1 (BART Transit Village) ) WHEREAS, on this date, this Board of Supervisors (the "Board") of the County of Contra Costa (the "County") adopted Resolution No. 2008/463 (the "Resolution of Formation"), ordering the formation of the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) (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. 2008/464 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 qualified elector of the CFD a ballot in the form set forth in Exhibit A hereto. The ballot indicated the number of votes to be voted by the landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. An envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the 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 landowner in its petition to form the CFD and in its voted ballot, as permitted by Section 53327(b) of the Law. Section 7. The Clerk shall accept the ballot of the qualified elector upon and prior to the adoption of this Resolution, whether the ballot be personally delivered or received by mail. The Clerk shall have available a ballot which may be marked in the Board of Supervisors meeting room on the election day by the qualified elector. 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 elector of the CFD. The petition of the landowner to form the CFD and the voted ballot of the sole qualified elector 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 elector has been fully apprised of and has agreed to the shortened time for the election and waiver of ballot analysis and arguments, and has 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 Director of Public Works of the County or her designee, is hereby directed to provide an annual report to this Board as required by Section 50075.3 of the California Government Code. RESOLUTION NO. 2008/464 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 B eputy 03007.21:J10025 7/11/08 RESOLUTION NO. 2008/464 EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) OFFICIAL BALLOT Special Tax Election (July 22, 2008) 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 Yes: District No. 2008-1 (BART Transit Village) (the "CFD") be levied annually upon lands within the CFD as described in Exhibit B to Resolution No. 2008/426 adopted by the Board of Supervisors of the County of Contra Costa (the "County") on No: June 17, 2008, with the special taxes 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 in administering the CFD, and shall the annual appropriations limit of the CFD be established in the initial amount of$3,300,000.00? 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 No. of Number of Votes: 1 land owned in the CFD: Landowner: 148-221-036 San Francisco Bay Area Rapid Transit District By: Its: A-1 RESOLUTION NO. 2008/464 By our execution below, we hereby acknowledge our support for the Ballot Measure indicating in the attached Official Ballot-Special Tax Election (July 22, 2008), and for the waivers described in the last paragraph of said Official Ballot. Pleasant Hill Transit Village Associates, LLC By: Its: Date of Execution: A-2 RESOLUTION NO. 2008/464 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 22, 2008, by the following vote: AYES: i at a � Lk-i t .rj NOES: /�.v w� p :liiiiNAc. ABSENT: 7 �(�hog 1, d�•� �/L ,,`" " 4°4' ABSTAIN: hQ 6v. Resolution No. 2008/465 In the Matter of Resolution Declaring Results of ) Special Election and Directing Recording of ) Notice of Special Tax Lien for Community } Facilities District No..2008-1 (BART Transit Village) 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. 2008/464 calling for a special election of the qualified electors within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) (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. 2008-1 (BART Transit Village) and the approval of an appropriations limit of $3,300,000.00 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 sole qualified elector 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. 2008/465 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: .J lA.kyaUO? JOHN CULLEN,Clerk of the Board of Supervisors and County Administrator BY aepytT- 03007.21:J10026 7/11/08 RESOLUTION NO. 2008/465 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION . COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) I hereby certify that on July 22, 2008, 1 canvassed the returns of the special election held on July 22, 2008, in the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) 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. 2008-1 (BART Transit Village) Special Tax Election July 22, 2008. 1 1 BALLOT MEASURE: Shall a special tax payable solely from lands within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) (the "CFD") be levied annually upon lands within the CFD as described in Exhibit B to Resolution No. 2008/426 adopted by the Board of Supervisors of the County of Contra Costa (the "County") on June 17, 2008, with the special taxes 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 in administering the CFD, and shall the annual appropriations limit of the CFD be established in the initial amount of $3,300,000.00? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 22nd day ofJuly, 2008. County Administrator and Clerk of the Board of Supervisors By: Deputy Clerk A-1 RESOLUTION NO. 2008/465 Susan A. Bonilla Contra 2151 Salvio Street,Suite R Supervisor,District Four Concord,CA 94520 Contra Costa County Costa Phone: (925)521-7100 Board of Supervisors County Fax: (925)646-5202 4E, July 18,2008 TO: Board of Supervisors FR: Susan A. Bonilla CC: Jim Kennedy, Redevelopment Director Subject: Formation of a Community Facilities District to Fund Infrastructure Maintenance,BART Transit Village Project(Item DA,Board of Supervisors Agenda of July 22,2008) Dear Colleagues, As you know I will not be in attendance at the July 22, 2008 Board of Supervisors meeting. Item DA involves a matter in District IV which I urge you to support. The item relates to formation of a community facilities district to fund infrastructure maintenance associated with the BART Transit Village Project at Contra Costa Centre. The Transit Village Project is a "Smart Growth" initiative of the County, and a smart financial move for the County. You. may recall that the business plan for the project results in a significant future General Fund revenue flow to the County. The formation of the community facilities district is one of many steps the County staff has been working on in partnership with the developer and BART to ensure the financially feasibility of the project, and to satisfy the myriad of conditions necessary to meet County General Plan and Ordinance objectives without burdening existing County resources. The formation of the district will involve a vote by the property owner— BART—to form the district, and to establish the special tax. The development entity— AvalonBay Communities—will be the party paying the tax however, not BART. Staff indicates BART will be voting yes, therefore the-hearing and election process should be a non-event. The proposed formation of the community facilities district has been reviewed and approved by the County's Debt Advisory Committee—the County Auditor-Controller, the Treasurer-Tax Collector, and the County Finance Director. Once again, I urge your support of the subject item. Email:dist4®bos.cccounty.us Website:www.co.contra-costa.ca.us/depart/dis4 CONCORD+CLAYTON+CLYDE+PACHECO+PLEASANT HILL WALNUT CREEK+CONTRA COSTA CENTRE /iV C 7/11/08 Quint&'I'himmig LLP / le ORDER OF PROCEEDINGS + Q for COUNTY OF CONTRA COSTA 1 COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) July 22, 2008 1. County Staff provides background information and discuss contents of the Community Facilities District Report. 2. The Chair then makes the following remarks: This is the mile aizd place for the pitblic hearing in.. this Board's proceediligs for Co11r11tin1ity Facilities District No. 2008-1. The hearing is to inquire hito'the formation of the CFD, the services eligible to be fiinded by the CFD, the levy of special taxes iii the CFD, acid the possible fiitirre annexatioli of territory to the CFD. "Before I formally opeii the coilhinied heariTig, are there a11y property 0717ners 01" registered voters in the CFD or the possible fiitiire aiinexatioii area of the CFD z11h0 7nish to file z11ritten protests? If so, they must be filed z11ith the Clerk of the Board 110711. [Pause to see if there are any protests.] "The 111.1.17lic hearing is rio711 officiallil open. Does anyone in the atidience Wish to nialce a11y colnineiits on this matter? VAen all connnents have been received the Bearing ?rill be closed." 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 No. 2008/463 of Formation of 1 County of Contra Costa Community Facilities District No. 2008-1. (BART Transit Village), and 3 Authorizing the Levy of a Special Tax Within the CFD. 03007.21:110023 • Resolution No. 2008/464 Calling Special Election Within Community Facilities District No. 2008-1 (BART Transit Village). 7. The Chair then announces: this time, 1 cask the Clerk of the Board to open the ballot of the ov,ner of e p' lerty h itially inchided iii the CFD and ainioi.-lice the residts of the elcctiorl." [Pause for opening of the ballot.] 8. The Clerk of the Board opens the ballot and announces the results of the election T 1,,e Clerk of the Board then completes one copy of the Canvass and Statei of Resu f Election (attached as ExhiUit A to the second Res fisted in 6. above). 9. The Chair then announces: "The restilts of the election being tingiruotrshy in favor of the levy of the special taxes and the establishment of the izp ions liraiit for the CFD, zine III-all 11071' proceed With the final actions for the CFD." 10. The Board of Supervisors then considers the following actions: adoption of Resolution No. 2008/465 Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien for Community Facilities District No. 2008-1 (BART Transit Village). , • first reading of Ordinance No. 2008<22 Levying Special Taxes Within the County of Contra Costa Community Facilities District No. 2008-1 (BART 1 Transit Village). End of Item. Quint&Thimmig LLP 6/27/08 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: County of Contra Costa Department of Conservation and Development Redevelopment/Housing Division 2530 Arnold Drive,Suite 190 Martinez,CA 94553 AMENDMENT TO NOTICE OF SPECIAL TAX LIEN County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) Annexation No. 1 Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of- California and the Mello-Roos Community Facilities Act of 1982, as amended, Section 53311,et. seq., of the California Government Code (the "Act"), 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.is hereby imposed by the Board of Supervisors of the County, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of services described in, and said special tax is to be levied according to the rate and method of Apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Contra Costa, State of California on July 24, 2008 at 10:39 a.m., as Document No. 2008-0164506-00, to which recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference. This Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory within the County of Contra Costa Community Facilities District No. 2008-1 (BART Transit Village) certain real property identified in Exhibit A hereto and shown within the future annexation area on the boundary map of the community facilities district recorded at 2:04 p.m. on June 25, 2008, in Book 83 of Maps of Assessment and Community Facilities Districts at Pages 27 and 28 (Document No. 2008-0142557-00), in the office of the County Recorder for the County of Contra Costa, State of California, which map is the final boundary map of the community facilities district. The assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included in this Amendment to Notice of Special Tax Lien, together with the name(s) of the owner(s) thereof,.as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the County are as set forth in Exhibit A hereto and hereby made a part hereof. 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, 03007.21:J10039 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: 2008. County Administrator and Clerk of the Board of Supero, ors Deputy Clerk i County of Contra Costa Community Facilities District No. 2008-1 EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) ANNEXATION NO. 1 ASSESSOR'S PARCEL NUMBER AND OWNER OF LAND WITHIN ANNEXATION NO. 1 TO COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2008-1 (BART TRANSIT VILLAGE) Contra Costa County Assessor's Parcel No(s). Name(s)of Property Owner(s) 148-221-041,042,&044 San Francisco Bay Area Rapid Transit District A-1 CREATE TRACT l of 1 RETIRE DATE 07/ S OS FM PCL NBR 148-221 - 039 +CT 69 50 MB/PG 508-4. NOTES: DATE DRAWN BY: TRA TAX CODE BLDR EX DEED REF DATE REJ DRI REAPPL NBHD HO QUEST . OWNER I CODE PERCENT OWNER 2 CODE PERCENT NOTIF CTY ST ZIP OWNER 3 CODE PERCENT REMARKS REMARKS SITUS ZIP PARCEL NO —T—LT/7W BLK BLG UNIT TRA/DESC U/R ADDRESS I CY I ZIP_4 148-221-040 I I I 041 2 OR 3 3 4 s 046 C47 8 048 9 .5 o va - e I I Contra Tim Aiello Costa Drafting Services Coordinator County (925)313-7442 j - (925) 313-7488 Fax Email: taiel@assr.cccounty.us ,e Assessor's Office 2530 Arnold Drive,Suite 400 r Martinez,CA 94553-4359 i I / � I FOUND MONUMENT --------------- ---- - - / 7------------- LAS JUNTAS SPAY . I 7 � LOT 5 I \\\ ,L------- -----� -- -- --------- SHEET 8 LOT 6 ��h` / \ LOT 4 � r-- — — --- -- - - I ISHEE �� I I - •� �� /� IQ I I I I 0T,9 LOT 1 ® i LOT L3` 8 I ----------- ANTHONY DRIVE COGGINS \ DRIVE LJ I I \ / LOT 3 iw LOT 2 I - I 1 SHEET 7 — -------------------------------------------�--------------1------- =' I FOUND MONUMENT TREAT BOULEVARD E I PER (R2) & (R4) - I j 9 TAKEN HERE I :J 41PW's 148 - 221 - 0@ •4 %ru 5