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HomeMy WebLinkAboutMINUTES - 06222010 - C.26RECOMMENDATION(S): WAIVE second reading and ADOPT Ordinance 2010-09 entitled “Levy of 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 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 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/22/2010 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 22, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: C. 26 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:June 22, 2010 Contra Costa County Subject:Community Facility District No. 2010-1 (Countywide Street Lighting) BACKGROUND: (CONT'D) 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. On May 11, 2010, the Board of Supervisors adopted a Resolution of Intention relating to the establishment of a Community Facilities District No. 2010-1 (Resolution 2010/256). On June 15, 2010, the Board of Supervisors took comment and closed the public hearing, conducted the Special Election at which time the property owners voted to approve the formation of the District. The Board then adopted various implementing resolutions: Resolution 2010/335 a Resolution of Formation of Contra Costa County Community Facilities District No. 2010-1 (Countywide Street Lighting); Resolution 2010/358, a Resolution Calling Special Election Within Community Facilities District Number 2010-1 (Countywide Street Lighting); and Resolution 2010/359, a Resolution Declaring Results of Special Election and Directing Recording Notice of Special Tax Lien for Community Facilities District Number 2010-1 (Countywide Street Lighting). The Board of Supervisors also held first reading of Ordinance 2010-09 on June 15, 2010. The action today is to adopt Ordinance 2010-09 entitled “Ordinance Levying Special Taxes Within the County of Contra Costa Community Facilities District No. 2010-1 (Countywide Street Lighting)”. 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). CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS CFD No. 2010-1 Street Lighting Ordinance