HomeMy WebLinkAboutMINUTES - 06152010 - SD.5RECOMMENDATION(S):
1. HOLD Public Hearing on the formation of a community facilities district to pay for street
lighting operations and maintenance throughout the Contra Costa County’s unincorporated
areas;
2. ADOPT resolutions relating to establishment of a Mello-Roos Community Facilities
District for a Countywide Street Lighting District in the unincorporated areas of Contra
Costa County including:
• A Resolution of Formation of Contra Costa County Community Facilities District No.
2010-1 (Countywide Street Lighting); and
• A Resolution Calling for Special Election Within Community Facilities District No.
2010-1 (Countywide Street Lighting);
3. CONDUCT Special Election, and announce results; and
4. ADOPT actions relating to establishment of a Countywide Street Lighting Mello-Roos
Community Facilities District in the unincorporated areas of Contra Costa County including:
• A Resolution Declaring Results of Special Election and Directing Recording of
Notice of Special Tax Lien; and
• First reading of Ordinance No. 2010-09 entitled “Ordinance Levying
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/15/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Susan A. Bonilla, District IV
Supervisor
Contact: Jim Kennedy, 5-7225
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: June 15, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 5
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:June 15, 2010
Contra
Costa
County
Subject:Community Facilities District #2010-1 (Countywide Street Lighting)
RECOMMENDATION(S): (CONT'D)
Special Taxes within the County of Contra Costa Community Facilities District No.
2010-1 (Countywide Street Lighting).
FISCAL IMPACT:
None. Consultant costs required to establish the Community Facilities District will be
covered by County Street Lighting funds. All costs of administering the District would be
covered by the voter approved special tax.
BACKGROUND:
Mello-Roos Community Facilities Districts (“CFD”) are a mechanism to finance
infrastructure and services for approved projects. A voter approved special tax may be
used to pay for eligible services, or to pay debt service on tax-exempt bonds financing
eligible facilities and issued by the District. The County adopted financing policies to
guide the formation of Community Facilities Districts on September 13, 1994.
The Contra Costa County Public Works Department provides street lighting operations
and maintenance throughout the County’s unincorporated areas. The cost of providing
these services is currently covered through County Service Area (CSA) L-100. CSA
L-100 does not include provisions for upgrades, inflation or increasing costs of
maintenance. Additionally, CSA L-100 requires developing properties to annex to L-100.
This requires a LAFCO process which can be time consuming and expensive.
Establishing a CFD is not subject to LAFCO law, nor is the subsequent annexation of
additional parcels to the CFD subject to LAFCO. The Community Facilities District will
provide sufficient revenue to provide street lighting services on an ongoing basis, as well
as a more streamlined process for meeting the County’s permit requirements related to
street lighting for new parcels and subdivisions.
Specifically, the CFD funds generated will be eligible to cover expenses for obtaining,
constructing, furnishing, replacing, operating and maintaining street lighting equipment,
apparatus, or facilities, paying the salaries and benefits of personnel and related
expenses, and for establishing reserves for cash flow, repairs, replacement and for the
future provision of services. The services funded by the CFD are in addition to those
provided in the territory before the creation of the CFD. The special tax will include two
zones:
• Zone 1, the higher of the two taxes, includes taxable parcels located near or adjacent to
street lights; and
• Zone 2 includes taxable parcels with no street light located nearby or adjacent to the
taxable parcel. These taxable parcels receive a lower tax because they do benefit from
street lights located along the major arterial roadways throughout the unincorporated
county.
The formation of a street lighting CFD was reviewed and recommended by the Board’s
Transportation, Water and Infrastructure Committee on April 19, 2010. On April 26,
2010, the Board of Supervisors adopted a Resolution of Intention relating to the
establishment of a Countywide Street Lighting Community Facilities District (Resolution
2010/256), and set June 15, 2010, as the date for a public hearing on the establishment of
the proposed Community Facilities District, and actions related thereto.
The proceedings of April 26, 2010 expressly ordered the preparation of a written
Community Facilities District Report which would contain a) a brief description of the
services eligible to be funded by the Community Facilities District; and b) an estimate of
the fair and reasonable cost of providing the services, including County administrative
costs. The Community Facilities District Report included as Attachment A fulfills the
requirement.
Pursuant to the adopted financing policies for Community Facilities 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 Countywide Street Lighting 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, Section 53311 et seq. of the California Government Code.
Attachments
A – Community Facilities District Report
B – Resolution of Formation (No. 2010/335)
C – Resolution Calling for Special Election (No. 2010/358)
D – Resolution Declaring Results of Special Election (No. 2010/359
– Ordinance No. 2010-09
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
CLERK'S ADDENDUM
HELD a public hearing on the formation of a community facilities district to pay for
street lighting operations and maintenance throughout the Contra Costa County’s
unincorporated areas; CLOSED the hearing; ADOPTED Resolution Nos. 2010/335
Formation of Contra Costa County Community Facilities District No. 2010-1
(Countywide Street Lighting) and 2010/358 Calling for Special Election Within
Community Facilities District No. 2010-1 (Countywide Street Lighting);
CONDUCTED the special election; ADOPTED Resolution 2010/359 Declaring Results
of Special Election and Directing Recording of Notice of Special Tax Lien; and
INTRODUCED Ordinance No. 2010-09 authorizing the levy of taxes within the new
District.
ATTACHMENTS
Resolution No. 2010/335
Att. A-CFD Street Lighting CFD Rept
Attachment B Reso Formation
Att C reso calling Election
Att D reso Declaring Results
Att E Ordinance