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HomeMy WebLinkAboutMINUTES - 03162004 - SD.2 *' Do, iz Contra r Costa O� r •' County TO: BOARD OF SUPERVISORS as the Governing Board of the East County Fire Protection FROM: Dennis M. Barry, AICP Community Development Director DATE: March 16, 2004 SUBJECT: Cypress Lakes Fire Services Community Facilities District, Oakley/Bethel Island Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As the Governing Board of the East Contra Costa Fire Protection District: 1. HOLD Public Hearing on the formation of a community facilities district to fund fire services in the Cypress Lakes development, Oakley/Bethel Island'area; 2. ADOPT resolutions relating to establishment of a Fire Services Mello-Roos Community Facilities in the Cypress Lakes,Oakley/Bethel Island area, including: • A Resolution of Formation of East Contra Costa Fire Protection District Community Facilities District No.2004-1 (Fire Services);and • A Resolution Calling for Special Election Within Community Facilities District No. 2004-1 (Fire Services); 3. CONDUCT Special Election, and announce results; and 4. ADOPT actions relating to establishment of a fire services Mello-Roos Community Facilities District in the Cypress Lakes, Oakley/Bethel Island area,including: • A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien; and • First reading of Ordinance entitled"Ordinance of the East Contra Costa Fire Protection District Levying Special Taxes within the East Contra Costa Fire Protection District Community Facilities District No.2004-1 (Fire Services). CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR R COMM ATION OF OARD COMMITTEE RPROVE OTHER SIGNATURE(S): , ACTION OF BO=VISORS APPROVED AS RECOMMENDED X OTHER VOTE OF SUP I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT NW ) 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 3-1255 orig: Community Development cc: County Administrator ATTESTED-MRM 16, 2004 County Counsel JOHN SWEETEN, CLERK OF THE Treasurer-Tax Collector BOARD OF SUPERVISORS Auditor-Controller AND THE COUNTY ADMINISTRATOR Public Works East County Fire Protection District Comm. Dev.-Land Dev. Deputy Director via: Redevelopment * Quint & Thimmig BY DEPUTY * Shea Homes \\fs-cd\users$\lnoble\Personal\Board Orders and Greenies\BOARD.cypresslakes.3 .04.doc 1 DO FISCAL IMPACT None. All costs of establishing the Fire Services Community Facilities District are paid by the involved developer,and all costs of administering the District are 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 for Community Facilities District on September 13, 1994. Shea Homes,the developer of the Cypress Lakes project, is obligated by condition of approval#65 for SD 937562 to participate in a mechanism that would generate a$200/parcel/year tax for fire services related to the project. The tax for fire services would be indexed for inflation, and would be permanent. It has been determined that the best vehicle for generating the fire service tax is through a Mello-Roos Community Facilities District proceeding. Cypress Lakes is a 1,330 lot residential subdivision,with a country club/golf course, beach club, boat storage,daycare,and other related commercial uses. The Tentative map is approved,as is the Preliminary and Final Development Plan. In order to record a final map the developer must, among other things, satisfy the condition.of approval related to a fire service tax. Since this is a special tax for the East County Fire Protection District,the Governing Board of the District must conduct the proceedings. On February 10, 2004 the Governing Board of the District took three actions that are precedent to establishing a fire service special tax through a Mello-Roos proceeding by adopting: • A Resolution acknowledging receipt of a petition to form a Community Facilities District, and directing actions to proceed with the formation of a district; • A Resolution Adopting Local Goals and Policies for Community Facilities Districts;and • A Resolution of Intention to Establish a Community Facilities District. The proceedings of February 10,2004 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 Fire District or County administrative costs. The Community Facilities District Report included as Attachment A fulfills the requirement. Pursuant to the adopted financing policies for Community Facilities District,a County Debt Advisory Committee,which consists of the County Administrator,the Auditor-Controller,and the Treasurer—Tax Collector(or their designees),has reviewed the proposed establishment of the fire services special tax as proposed and found it in conformance with the applicable provisions of the policies. The recommended actions conform to the requirements of the Mello-Roos Community Facilities Act of 1982,as amended (Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311 of the California Government Code). JK:In \\fs-cd\users$\lnoble\Personal\Board Orders and 2 Greenies\BOARD.cypresslakes.3.04.doc RESOLUTION NO, 2004/123 A RESOLUTION OF THE GOVERNING BOARD OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT OF FORMATION OF EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES),AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CFD RESOLVED, by the Governing Board (the "Board") of the East Contra Costa Fire Protection District(the"District"), as follows: WHEREAS, on February 10, 2004,this Board adopted a resolution entitled"A Resolution of the Governing Board of the East Contra Costa Fire Protection District Declaring its 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" (the "Resolution of Intention") stating its intention to form the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the"Law"); and WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the CFD and describing the services eligible to be funded by the CFD (the"Services"), the cost of providing the Services, and the rate and method of apportionment of the special tax to be levied within the CFD to pay costs of the Services (the "Rate and Method"), 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 to be held on March 16, 2004 and 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 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 and the levy of the special tax 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 Fire Chief as to the Services eligible to be funded by the CFD 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. H:\Personal\Documents\Reso Formation J7327.doc NOW, THEREFORE, it is hereby FOUND, DETERMINED and ORDERED by the Governing Board of the East Contra Costa Fire Protection District,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 maj ority protest pursuant to Section 5 3 3 24 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. Section 4. The community facilities district designated "East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services)" is hereby established pursuant to the Law. Section 5. The boundaries of the CFD, as described in the Resolution of Intention and set forth in the boundary map of the CFD recorded at 11:05 a.m. on February 12, 2004, in the Contra Costa County Recorder's Office at Book 75 of Maps at Page 11 (Document No. 04-0047083-00), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the CFD. Section 6. The type of services eligible to be funded by the CFD pursuant to the Law are as described in Exhibit A to the Resolution of Intention 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 the Resolution of Intention 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 Fire Chief of the District, 134 Oak Street, Brentwood, California 94513, telephone number (925) 634-3400, is the officer of the District 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 will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law. The Fire Chief 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 District ceases, if ever. 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 -2- s Constitution, of the CFD is hereby preliminarily established at $2,000,000 and said appropriations limit shall be submitted to the voters of the CFD as provided below. The proposition establishing the appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Law. 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. This Resolution shall take effect upon its adoption. PASSED,APPROVED AND ADOPTED,this 16th day of March, 2004,by the following vote: AYES: SORS GIOIA, UILKEM, GREENBII2G, D2SMJLNM AM GLOM NOES: NM ABSENT: NM ?0' 7Z Ch r,East dontra Costa Fire Protection District ATTEST: County Administrator and Clerk of the Board of Supervisors 1 , By: r r Deputy Clerk 05009.0117327 3/2/04 -3- r RESOLUTION NO. 2004/124 A RESOLUTION OF THE GOVERNING BOARD OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO, 2004-1 (FIRE SERVICES) RESOLVED, by the Governing Board (the "Board") of the East Contra Costa Fire Protection District(the"District"),as follows: WHEREAS, on this date, this Board adopted a resolution entitled "A Resolution of the Governing Board of the East Contra Costa Fire Protection District of Formation of East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services)" (the "Resolution of Formation"), ordering the formation of the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD"), authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD; and WHEREAS, pursuant to the 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, it is hereby FOUND, DETERMINED and ORDERED by the Governing Board of the East Contra Costa Fire Protection District,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 of Supervisors of the County of Contra Costa (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 ballot shall be returned to the Clerk no later than immediately following the adoption of this Resolution; and when the qualified voter has voted,the election shall be closed. H:\Personal\Documents\Reso CallingElection J7329.doc r 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 sole 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. The 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 both 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 Governing Board 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 Contra Costa County Auditor-Controller an account into which proceeds of the special tax levies will be deposited, and (d) the Fire Chief is hereby directed to provide an annual report to this Board as required by Section 50075.3 of the California Government Code. -2- 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. PASSED,APPROVED AND ADOPTED this 16th day of March,2004,by the following vote: AYES: SUPMISMS GIOIA, UMKM, IEUMM, DeSXffXM AICD GLOVER. NOES: NW ABSENT: Nmt Chair, ast Con4a Costa Fire Protection District ATTEST: County Administrator and Clerk of the Board of Supervisors By. Deputy Clerk 05009.010329 3/2/04 -3- EXHIBIT A EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) OFFICIAL BALLOT Special Tax Election (March 16,2004) 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 East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services)(the"CFD")be levied annually upon lands within the CFD to be applied Yes: only to pay the costs of the services authorized to be funded by the CFD, and to pay the costs of the East Contra Costa Fire Protection District and the County of Contra Costa in administering the CFD, and shall the annual appropriations limit of the CFD be No: established in the initial amount of$2,000,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a)and 53327(b)of the California Government Code. Contra Costa County APN Nos. of land owned in Number of Votes: 681 the CFD: Landowner: 032-210-0295 SHEA HOMES LIMITED PARTNERSHIP,a California 032-220-007, limited partnership 032-220-0081 032-220-012,and By: J.F. Shea LLC,a Delaware limited liability company, 032-220-026. its General Partner By: Its: By: Its: A-1 t Y RESOLUTION NO. 2004/125 A RESOLUTION OF THE GOVERNING BOARD OF THE EAST CONTRA COSTA FIRE PROTECTION DISTRICT DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN RESOLVED, by the Governing Board (the "Board") of the East Contra Costa Fire Protection District(the "District"), as follows: WHEREAS, in proceedings heretofore conducted by this Board 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 a resolution entitled "A Resolution of the Governing Board of the East Contra Costa Fire Protection District Calling Special Election Within Community Facilities District No. 2004-1 (Fire Services)", calling for a special election of the qualified electors within the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD"); and WHEREAS, pursuant to the terms of said Resolution, which are by this reference incorporated herein, the special election was held on this date, and the Clerk of the Board of Supervisors of the County of Contra Costa (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, it is hereby FOUND, DETERMINED and ORDERED by the Governing Board of the East Contra Costa Fire Protection District,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 entitled "A Resolution of the East Contra Costa Fire Protection District of Formation of East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services)" and the approval of an appropriations limit of $2,000,000 pursuant to said resolution. Section 2. Pursuant to the canvass of the special election on file with the Clerk, the issues presented at the special election were approved by the votes cast by the 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. H:\Personal\Documents\Reso DeclarResults J7330.doc a 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. Section 6. This Resolution shall take effect upon its adoption. PASSED,APPROVED AND ADOPTED this 16th day of March, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKM, G2MUM, DeSAUINM AND aMM NOES: NOTE ABSENT:NM Ch ' ,East C. ntra Costa Fire Protection Dis ict ATTEST: County Administrator and Clerk of the Board of Supervisors l By: Deputy Clerk 05009.01:J330 3/2/04 -2- r 6 EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) I hereby certify that on March 16, 2004, I canvassed the returns of the special election held on March 16, 2004, in the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) and the total number of ballots cast in said community facilities district and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) Special Tax Election March 16. 2004. 681 681 BALLOT MEASURE: Shall a special tax payable solely from lands within the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD")be levied annually upon lands within the CFD to be applied only to pay the costs of the services authorized to be funded by the CFD, and to pay the costs of the East Contra Costa Fire Protection District and the County of Contra Costa in administering the CFD, and shall the annual appropriations limit of the CFD be established in the initial amount of$2,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 16ffi day of March, 2004. County Administrator and Clerk of the Board of Supervisors By. Deputy Clerk A-1 'F Quint&Thimmig LLP 3/2/04 U if : .. EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT No. 2004-1 (FIDE SERVICES) 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 05009.01:j7167 EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) INTRODUCTION. The Governing Board (the "Board") of the East Contra Costa Fire Protection District (the "District") did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the "Law"), on February 10, 2004, adopt a resolution entitled "A Resolution of the Governing Board of the East Contra Costa Fire Protection District Declaring Its 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" (the"Resolution of Intention"). In the Resolution of Intention, the Board expressly ordered the preparation of a written Community Facilities District Report (the "Report") for the proposed East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD"). The Resolution of Intention ordering the Report did direct that the Report generally contain the following: 1. A brief description of the services eligible to be funded. by the CFD; and 2. An estimate of the fair and reasonable cost of providing the services, including the incidental expenses in connection therewith, including any County of Contra Costa or District administrative costs and all other related costs. For particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the Board. NOW, THEREFORE, 1, the Fire Chief of the East Contra Costa Fire Protection District, do hereby submit the following data: A. DESCRIPTION OF SERVICES. A general description of the services that the District has determined to be eligible to be funded by the CFD are as shown in Exhibit "A" attached hereto and hereby made a part hereof. B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. The proposed boundaries of the CFD are those properties and parcels on which special taxes may be levied to pay for the costs of the services eligible to be funded by the CFD. The proposed boundaries of the CFD are described in the map of the CFD recorded in Book 75 on Page 11 (Document No. 04-0047083-00) of Maps of Assessment and Community Facilities Districts at 11:05 a.m. on February 12, 2004, 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. -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: March 16, 2004 By: Fire Cbie4, East Contra Costa Fire Protection District EXHIBIT A EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE CFD Services: The services to be funded, in whole or in part, by the CFD include all direct and incidental costs related to providing fire protection and suppression, and emergency medical services, including (i), fire protection and suppression services; (ii) emergency medical services including ambulatory services; (iii) community information with regard to public safety; and (iv) earthquake and other emergency relief programs. The CFD may fund any of the following related to the services described in the preceding sentence: obtaining, constructing,, furnishing, operating and maintaining equipment, apparatus or facilities, paying the salaries and benefits of personnel, and for payment of other related 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 District, 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 District or the County of Contra Costa 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 or the District related to the CFD or the collection of special taxes, an allocable share of the salaries of County or District staff directly related thereto and a proportionate amount of the County's and the District's general administrative overhead related thereto,, any amounts paid by the County or the District from their respective general funds with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the County or the District 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 or the District 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 District for the payment of the costs of the services. A-1 EXHIBIT B EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) SERVICES COST ESTIMATE It is expected that the costs of providing the services eligible to be funded by the District will exceed, in each Fiscal Year, the maximum special tax that can be levied in the CFD for such Fiscal Year. Specifically, it is expected that the costs of providing the eligible services-in Fiscal Year 2004-05 will exceed $266,000.00 (being $200 times the number of expected parcels in the CFD); and the costs of providing the eligible services in each future Fiscal Year will exceed an amount equal to the aggregate Maximum Special Tax that may be levied in the CFD in each such Fiscal Year. B-1 Quint&Thimmig LLP 2/11/04 3/2/04 RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: Clerk of the Board East Contra Costa Fire Protection District 651 Pine Street Martinez,CA 94553 NOTICE OF SPECIAL TAX LIEN East Contra Costa Fire Protection District Community Facilities District No.2004-1 (Fire Services) Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53311 et seq. of the California Government Code, the undersigned Clerk of the Board of Supervisors of the County of Contra Costa acting for the East Contra Costa Fire Protection District (the "District"), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax which the Governing Board of the District 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, all 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 East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) 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 attached hereto and by this reference made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied are as follows: none. Notice is further given that upon the 'recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) in accordance with Section 3115.5 of the California Streets and Highways Code. The name(s) ofthe owner(s) of the real property included within the area of this community facilities district and the assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district, in each case which are not exempt from the special tax and as they appear on the latest secured assessment roll as of the date of recording of this Notice or as otherwise known to the District, are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the community facilities district recorded at 11-05 a.m. on February 12, 2004, at Book 75 of Maps of Assessment and Community Facilities Districts at Page 11 (Document No. 04-0047083-00), 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. 05009.01J7331 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 Fire Chief of the East Contra Costa Fire Protection District, 134 Oak Street, Brentwood, California 94513, telephone number(925) 634-3400. Dated: + �C� 2004 County Administrator and Clerk of the Board of Supervisors By. Deputy Clerk -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I , l If State of California ss. _ i County of , RA K i i� �i iG On � � , before me, ✓`�� - 0 T��;� '' I , Date Name and Titl f pfficer(e.g.,°Jane Do6,Notary Public" I r t J appeared `P� personally YI Name(s)of Signer(s) known to me Ypersonally ' ❑ proved to me on the basis of satisfactory 1 evidence LINDA HOOVER to be the �QP persor>�~- whose names} isle COMM. 1317004 subscribed to the within instrument and i i NOTARY PUBLIC-CALIFORNIA i CONTRA COSTA COUNTY No acknowledged to me that he/she/tl 6y executed My COMM.Expires sept.5,2005 the same in hs>�her/ it authorized i capacity(ies), and that by h.isfher/their i signatures}on the instrument the person(sfi,or i the entity upon behalf of which the perso*) i acted, executed the instrument. i WITNES my hand and official seal. r� Z' Place Notary Seal Above Signature of Notary Public 1 I l OPTIONAL >1 i Though the information below is not required by law,it may prove valuable to persons relying on the document i and could prevent audulent removal and reattachment of this form to another document. Description of Attached Do ml I.K. Title or Type of Document: i >l Document Date: Number of Pages: i I. �i Signer(s) Other Than Named Above: �i ,i I: Capacity(ies) Claimed by Signer Signer's Name: #110PRINT ❑ Individual OF SIGNER Top of thumb here i. ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ;i i ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: f' ,I 014Signer Is Representing: i ;I 01999 National Notary Association 9 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org J Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 EXHIBIT A EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE CFD Services: The services to be funded, in whole or in part,by the CFD include all direct and incidental costs related to providing fire protection and suppression, and emergency medical services, including (i) fire protection andsuppression services; (ii) emergency medical services including ambulatory services; (iii) community information with regard to public safety; and (iv) earthquake and other emergency relief programs. The CFD may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities,paying the salaries and benefits of personnel, and for payment of other related 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 District, 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 District or the County of Contra Costa 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 or the District related to the CFD or the collection of special taxes, an allocable share of the salaries of County or District staff directly related thereto and a proportionate amount of the County's and the District's general administrative overhead related thereto, any amounts paid by the County or the District from their respective general funds with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the County or the District 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 or the District 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 District for the payment of the costs of the services. A-1 w EXHIBIT B EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2004-1 (Fire Services) [herein "CFD No. 2004-1"] shall be levied and collected according to the tax liability determined by the Board, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 2004-1, unless 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. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Act" means 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. "Administrative Expenses" means the direct and indirect expenses incurred by the District or the County of Contra Costa 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 or the District related to the CFD or the collection of special taxes, an allocable share of the salaries of County or District staff directly related thereto and a proportionate amount of the County's and the District's general administrative overhead related thereto, any amounts paid by the County or the District from their respective general funds with respect to the CFD or the services authorized to be financed by the CFD,and expenses incurred by the County or the District 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 the District for the payment of the costs of the services and all other costs and expenses of the County or the District in any way related to the CFD. "Administrator" means the individual(s) designated by the District to administer the CFD in accordance with the authority and powers granted by the Board. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County of Contra Costa designating parcels by Assessor's Parcel number. "Board" means the Governing Board of the East Contra Costa Fire Protection District, acting as the legislative body of CFD No.2004-1. "County"means the County of Contra Costa. "Developed Property" means, in any Fiscal Year, all Taxable Property for which a building permit for new construction has been issued prior to June 30 of the preceding Fiscal Year. B-1 "District"means the East Contra Costa Fire Protection District. "Fiscal Year"means the period starting July 1 and ending on the following June 30. "Homeowner's Association Property" means any Parcel in CFD No. 2004-1 that is owned in fee by a homeowner's association. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. "Parcel"see definition of Assessor's Parcel. "Public Agency" means the federal government, State of California or other local governments or public agencies. "Special Tax"means a special tax levied in any Fiscal Year to pay the Special Tax Requirement. "Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay the cost of services authorized to be funded by CFD No. 2004-1, (ii) pay Administrative Expenses of CFD No. 2004-1, and (iii) cure delinquencies in the payment of Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Special Taxes which have already taken place)are expected to occur in the Fiscal Year in which the tax will be collected. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 2004-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, in any Fiscal Year, all Taxable Property that is not Developed Property. B. DATA FOR ANNUAL ADMINISTRATION OF SPECIAL TAX After July 1 of each Fiscal Year, the Administrator shall categorize all Parcels of Taxable Property in CFD No. 2004-1 as either Developed Property or Undeveloped Property, as defined in Section A above. C. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for Developed Property in CFD No. 2004-1 is $200 per Parcel for Fiscal Year 2004-05. Beginning in January 2005, and each January thereafter, this Maximum Special Tax shall be adjusted by applying the percentage increase, if any, in the Consumer Price Index for the San Francisco All Urban Wage Earners Category for the prior calendar year to the Maximum Special Tax in effect for the current fiscal year. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1. 2. Undeveloped Property The Maximum Special Tax for Undeveloped Property in CFD No. 2004-1 is $200 per Parcel for Fiscal Year 2004-05. Beginning in January, 2005, and each January thereafter, B-2 t this Maximum Special Tax shall be adjusted by applying the percentage increase, if any, in the Consumer Price Index for the San Francisco All Urban Wage Earners Category for the prior calendar year to the Maximum Special Tax in effect for the current fiscal year. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX Each Fiscal Year,the Special Tax shall be levied on all Parcels of Taxable Property as follows: Step 1: Determine the Special Tax Requirement, as defined in Section A above, for the Fiscal Year in which the Special Tax will be collected; Step 2: Calculate the total Special Tax revenues that could be collected from Developed Property within the CFD based on application of the Maximum Special Tax rate determined pursuant to Section C above; Step 3: If the amount determined in Step 1 is less than the amount calculated in Step 2, levy the Special Tax against all Parcels of Developed Property in equal percentages up to 100% of the Maximum Special Tax for each Parcel until the amount of the Special Tax levy equals the Special Tax Requirement for that Fiscal Year. Step 4: If the amount determined in Step 1 is greater than or equal to the amount calculated in Step 2, levy the Maximum Special Tax on all Parcels of Developed Property in the CFD. Step 5: If additional revenue is needed after Step 4 has been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property up to 100%of the Maximum Special Tax determined pursuant to Section C. The Special Tax for CFD No. 2004-1 shall be collected in the same manner and at the same time as ordinary ad valorem property taxes,provided,however,that CFD No. 2004-1 may (under the authority provided in the Act), in any particular case, bill the taxes directly to the property owner off the County tax roll, and the Special Taxes will be equally subject to penalties and foreclosure if delinquent. E. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Tax shall be levied on land that is owned by or has been conveyed to a Public Agency, except as otherwise provided in Sections 53317.3 and 53317.5 of the Mello-Roos Community Facilities Act of 1982. Additionally,no Special Tax shall be levied on Homeowner's Association Property. F. INTERPRETATION OF SPECIAL TAX FORMULA The District reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Taxes. In addition,the interpretation and application of any section of this document shall be left to the B-3 District's discretion. Interpretations may be made by the District by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment. 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 whose subsequent decision shall be binding. If the decision of the Administrator (if the appeal is not filed with the Board) or the Board (if the appeal is filed with the Board) requires the Special Tax to be modified or changed in favor of the property owner, no cash refund shall be made for prior years' Special Tax levies,but an adjustment shall be made to the next Special Tax levy. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to any legal action by such owner. B-4 EXHIBIT C EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) ASSESSOR'S PARCEL NUMBERS AND OWNER OF LAND WITHIN THE CFD Contra Costa County Assessor's Parcel Numbers Owner of Record of Parcels 032-210-029,032-220-007, SHEA HOMES LIMITED PARTNERSHIP,a 032-220-008,032-220-012, California limited partnerhship and 032-220-026 c/o Shea Homes 2580 Shea Center Drive Livermore,CA 94550 Attn: Kerri Watt Brage,Community Development Manager C-1 EAST CONTRA COSTA FIRE PROTECTION DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2004-1 (FIRE SERVICES) OFFICIAL BALLOT Special Tax Election (March 16,2004) 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 off' the County of Contra Costa no later than immediately after adoption of the resolutionof 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 East Contra Costa Fire Protection District Community Facilities District No. 2004-1 (Fire Services) (the "CFD") be levied Yes: annually upon lands within the CFD to be applied only to pay the costs of the services authorized to be funded by the CFD, and to pay the costs of the East Contra Costa Fire Protection District and the County of No: Contra Costa in administering the CFD, and shall the annual appropriations limit of the CFD be established in the initial amount of $2,000,000? By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a)and 53327(b) of the California Government Code. Contra Costa County APN Nos.of land Number of Votes: 681 owned in the CFD: Landowner: 032-210-029., SHEA HOMES LIMITED PARTNERSHIP,a 032-220-007, California limited partnership 032-220-008, By: J.F.Shea LLC,a Delaware hn-dted liability 032-220-012, and 032-220-026. company,its General Partner ;B . Y,r By: Its: