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HomeMy WebLinkAboutMINUTES - 08052008 - C.29 — Contra Costa Count`, 7 TO: BOARD OF SUPERVISORS SrA�e�K FROM: DENNIS M. BARRY, AICP, INTERIM DIRECTOR DEPARTMENT OF CONSERVATION AND DEVELOPMENT DATE: August 5, 2008 SUBJECT: BART Transit Village Maintenance Community Facility District, Contra Costa Centre area SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS WAIVE second reading and ADOPT Ordinance 2008-22 entitled "Levy of Special Taxes within the County of Contra Costa Community Facilities District No, 2008-1(BART Transit Village.") 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 CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOW RECOM ENDATION OF OARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON O APPR D S RECOMMEND OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Jim Kennedy 5-7225 orig: Department of Conservation & Development cc: County Administrator ATTESTED OS q?-00jp County Counsel JOHN CULLEN, C RK OF THE Treasurer-Tax Collector BOARD OF SUPERVISORS Auditor-Controller AND THE COUNTY ADMINISTRATOR via: Redevelopment * Quint& Thimmig BY , DEPUTY If V G:\CDBG-REDEV\MelloRoosCFD\BART Transit Village\Board Action#3.Auqust.5.2008\Ordinance.Ador)tion.8.5.08.doc 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. It has been determined that the best vehicle for generating the maintenance revenues 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 is 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). On July 22, 2008, the Board of Supervisors took comment and closed the public hearing, conducted the Special Election at which time the property owner(BART)voted to approve the formation of the District. The Board then adopted various implementing resolutions: Resolution 2008/463 a Resolution of Formation of Contra Costa County Community Facilities District Number 2008-1 (BART Transit Village); Resolution 2008/464, a Resolution Calling Special Election Within Community Facilities District Number 2008-1 (BART Transit Village); and Resolution 2008/465, a Resolution Declaring Results of Special Election and Directing Recording Notice of Special Tax Lien for Community Facilities District Number 2008-1 (BART Transit Village). The Board of Supervisors also held first reading of Ordinance 2008-22 on July 22, 2008. The action today is to adopt Ordinance 2008-22 entitled"Levy of Special Taxes Within the County of Contra Costa Community Facilities District No.2008-1 (BART Transit Village)". The recommended actions conform to the requirements of the Mello-Roos Community Facilities Act of 1982,as amended(Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311 of the California Government Code). G:\CDBG-REDEV\MelloRoosCFD\BART Transit Village\Board Action 2 #3.August.5.2008\Ordinance.Adoption.8.5.08.doccomm unity unincorporated CC 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. 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 AUGUST 05, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By: O Dep B and Chair LW/ H:\Draft\CD\Ord.2008-22.doc Ordinance 2008-22 -3- Emelda Sharp/COB/CCC To cctlegals@cctimes.com `► 08/05/2008 04:22 PM cc bcc Subject Adoption of Ordinance No. 2008-22 Dear Jennifer, Please publish the above Adoption of Ordinance No. 2008-22, in your Contra Costa Times, on August 11, 2008, under our Ref. No. 2176. Please debit Account No. 2002995. Thanks for your attention. ADOPTION OF ORDINANCE NO.2C08-22.doc Clerk of the Board of Supervisors 651 Pine Street, Room 106 925-335-1900 925-335-1903 Fax No. 925-335-1913 Emelda L. Sharp Clerk of the Board LEGAL PUBLICATION REQUISITION 2� Contra Costa County v FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: AUGUST 05, 2008 Phone No.: -' 925-335-1903 Reference No.: 2176 Org.: 2EZ_ Sub Object: 2190 Task: SAS Activity: Publication Date,(s) AUGUST.11, 2008 No. of Pages: (3) LEGAL PUBLICATION ADOPTION OF ORDINANCE NO 2008-22 *** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. e-mail Authorized Signature: Please confirm date of publication and receipt of this fax. rias-- s -c'- Y 4,5-'