HomeMy WebLinkAboutMINUTES - 06132006 - C.77 Contra
Costa
' Count
TO: BOARD OF SUPERVISORS
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: June 13, 2006
SUBJECT: Bella Flora/Public Works Maintenance Community Facilities District, North Richmond Area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT a Resolution of Intention relating to establishment of a Mello-Roos Community Facilities District in the
Bella Flora Subdivision, North Richmond area; and
APPROVE and AUTHORIZE the Public Works Director as the Chief Engineer for the Contra Costa County Flood
Control and Water Conservation District to execute a joint community facilities agreement with Contra Costa
County.
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 ADMINISTRATOR RECOM ENDATION OF OARD
COMMITTEE L---APPROVE OTHER
i
SIGNATURE(S):
ACTION OF BOA N�'Ti� t /.3 aoaG APPROVED AS RECOMMENDED A_- OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
�C UNANIMOUS (ABSENTS ) 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: Community Development -�
cc: County Administrator ATTESTED ,/ �t
County Counsel JOHN CULLEN, CLERK OF THE
Treasurer-Tax Collector BOARD OF SUPERVISORS
Auditor-Controller AND THE COUNTY ADMINISTRATOR
Public Works
Comm. Dev.-Land Dev. Deputy Director
via: Redevelopment
* Quint & Thimmigi BYZ DEPUTY
* KB Homes
G:\CDBG-REDEV\redev\LNoble\Personal\Board Orders and Greenies\BOARD.bella flora public works maintenance 6.13.06.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 for
Community Facilities District on September 13, 1994.
KB Homes,the developer of the Bella Flora Project in North Richmond, is obligated by condition of approval
78a to participate in a mechanism to generate funds for maintenance of Public Works Facilities in North
Richmond. The tax for services would be indexed for inflation, and would be permanent. It has been
determined that the best vehicle for generating the service tax is through a Mello-Roos Community Facilities
District proceeding. Bella Flora is a 173 lot residential subdivision.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 public works service tax.
The recommended actions responds to a petition received from the property owners, and 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). Because the
proposed Community Facilities District will generate maintenance funds for,among other things,flood control
facilities, a joint community facilities agreement between the County and the County Flood Control District is
also recommended for approval.
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G:\CDBG-REDEV\redev\LNoble\Personal\Board Orders and Greenies\BOARD.bella flora public works maintenance
6.13.06.doc
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on Tu,nc. /3soeLby the following vote:
AYES: u: lKe.n^�� Tei c �►.c� �cs�tc%�e (rliuve- •,•' E o`'
NOES:
ABSENT:
°s
ABSTAIN: do-
I1lcr n t.
Resolution No. 20061 3i o
In the Matter of Resolution 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 )
— North Richmond Area Maintenance Services )
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq.
of the California Government Code (the "Lave'), this Board of Supervisors (the "Board") may commence
proceedings for the establishment of a community facilities district; and
WHEREAS, KB Home South Bay Inc. (the "Company"), and KB One, LLC have submitted to the
County of Contra Costa (the "County") Petitions (Including Waivers) (collectively, the "Petitions")
requesting that the Board conduct proceedings under the Law to create a community facilities district to
be designated "County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area
Maintenance Services)" (the "CFD"); and
WHEREAS, under the Law, this Board is the legislative body for the proposed CFD and is empowered
with the authority to establish the CFD and levy special taxes within the CFD.
NOW, THEREFORE, BE IT BY THE BOARD RESOLVED as follows:
Section 1. This Board proposes to begin the proceedings necessary to establish the CFD pursuant to
the Law. Receipt by the County of the Petitions is hereby acknowledged.
Section 2. The name proposed for the CFD is County of Contra Costa Community Facilities District
No. 2006-1 (North Richmond Area Maintenance Services).
Section 3. The proposed boundaries of the CFD are as shown on the map of the CFD on file with the
Clerk of the Board, which boundaries are hereby preliminarily approved. The Clerk of the Board is
hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office
of the County Recorder as soon as practicable after the adoption of this Resolution.
Section 4. The type of services proposed to be funded in whole or in part by the CFD and pursuant to
the Law shall consist of those services described on Exhibit A hereto (the "Services"), which Exhibit is
by this reference incorporated herein. The Deputy Director-Redevelopment of the County is hereby
authorized and directed to enter into a joint community facilities agreement with the Contra Costa
County Flood Control and Water Conservation District in a form provided by special CFD formation
counsel, as determined to be necessary by such counsel under the requirements of the Law.
Section 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services
and the administrative expenses of the CFD, 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
annually within the CFD and collected in the same manner as ordinary ad valorem property taxes or in
such other manner as this Board or its designee 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 proposed
CFD to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached
hereto which Exhibit is by this reference incorporated herein.
RESOLUTION NO. 2006/ .3
This Board finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the California
Government Code (relating to adjustments to ad valorem property taxes and schools financed by a
community facilities district) are inapplicable to the CFD.
Section 6. The levy of said proposed special tax shall be subject to the approval of the qualified
electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-
delivered ballot among the landowners in the proposed CFD, with each owner having one vote for each
acre or portion of an acre of land such owner owns in the CFD.
Section 7. Except as may otherwise be provided by law all lands owned by any public entity, including
the United States, the State of California, the County and/or any departments or political subdivisions
of any thereof shall be omitted from the levy of the special tax to be made to cover the costs and
expenses of the Services and any expenses of the CFD to the extent, and only to the extent, such land
is described as not subject to the special tax levy as specifically set forth in the Rate and Method of
Apportionment of Special Tax set forth in Exhibit B hereto.
Section 8. The Deputy Director of Public Works of the County or the Deputy Director's designee is
hereby directed to study the proposed CFD and the Services and to make, or cause to be made, and
file with the Clerk of the Board a report in writing, presenting the following:
(a) A brief description of the Services.
(b) 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.
Said report shall be made a part of the record of the public hearing provided for below.
Section 9. Tuesday, July 18, 2006, at 9:30 a.m. or as soon thereafter as the matter may be heard, in
the regular meeting place of this Board, Board of Supervisors Chambers, 651 Pine Street, Martinez,
California, be, and the same are hereby appointed and fixed as the time and place when and where
this Board, as legislative body for the CFD, will conduct a public hearing on the establishment of the
CFD and consider and finally determine whether the public interest, convenience and necessity require
the formation of the CFD and the levy of said special tax.
Section 10. The County has adopted Local Goals and Policies for Community Facilities Districts (the
"Goals and Policies"). The Board hereby waives the provisions of the Goals and Policies which require
submission of an application and deposit by the property owner in a proposed community facilities
district, in order to expedite the formation of the CFD and otherwise in recognition that the CFD is
intended to include, by future annexation, properties other than those owned by the Company. In
addition, the Board hereby waives the provisions of the Goals and Policies that prohibit any escalation
of the maximum special tax on residential properties, to the extent inconsistent with the rate and
method of apportionment of special taxes in Exhibit B hereto.
Section 11. This Board hereby determines that public convenience and necessity require that territory
be added to the CFD in the future, and that this Resolution shall constitute a resolution of intention to
annex territory to the CFD pursuant to Sections 53339.2 and 53339.3 of the Law. The name for the
CFD is County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area
Maintenance Services). The territory proposed for annexation to the CFD in the future is as indicated
as such on the map of the CFD described in Section 3 above (the "Annexation Area"); provided that
such territory may be annexed to the CFD only with the unanimous approval of the owner or owners of
each parcel or the parcels to be annexed at the time that parcel or those parcels are so annexed. The
types of services to be provided in the CFD and in the Annexation Area are the "Services" referenced
in Section 4 above. The special taxes which will be levied in the Annexation Area shall be the same as
those described in Section 5 above, and there shall be no alteration in the special tax rate levied in the
CFD as a result of the proposed annexation. The hearing regarding the proposed annexation
described in this Section 11 and required by Section 53339.3(f) of the Law shall be combined with the
hearing described in Section 9 above, and the notice described in Section 12 below shall constitute the
notice required by Section 53339.4 of the Law.
Section 12. The Deputy Director-Redevelopment of the County is hereby directed to cause notice of
said public hearing to be given by publication one time in a newspaper published in the area of the
CFD. The publication of said notice shall be completed at least seven days before the date herein set
for said hearing. Said notice shall be substantially in the form of Exhibit C hereto.
RESOLUTION NO. 2006/
Section 13. The firm of Quint & Thimmig LLP is hereby designated as special formation counsel to the
County for the CFD. The Deputy Director-Redevelopment of the County is hereby authorized to
execute an agreement with said firm for its services related to the CFD, in a form acceptable to Deputy
Director-Redevelopment of the County.
I hereby certify that this is a true and correct copy of an
action taken and entere on the minutes of the Board
of Supervisors on the a shown:
ATTESTED: �3 ap-0r`
JOHN CULL Clerk of the Board of Supervisors and
County Administrator
By Deputy
03007.16:J8857
6/6106
RESOLUTION NO. 2006/.J&,9
EXHIBIT A
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE 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 the following services:
I. Parks and Parkway Maintenance Services. Maintenance and operation of parks and
parkways in the North Richmond Area including but not limited to the Richmond
Parkway, Goodrick Avenue, Parr Boulevard, Pittsburg Avenue, West Gertrude
Avenue, Brookside Drive, Central Avenue, Chesley Avenue, Market Avenue and 3`d
Street.
II. Open Space Services. Maintenance and operation of open space and natural wild
lands in the North Richmond Area owned or otherwise controlled by Contra Costa
County (the "County").
III. Flood and Storm Drainage Services. Maintenance and operation of flood and storm
drainage improvements in the North Richmond Area owned or otherwise controlled
by the County or the Contra Costa County Flood Control and Water Conservation
District (the "District").
The CFD may fund any of the following related to the services described in the preceding
paragraph: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus
or facilities, paying the salaries and benefits of personnel (including but not limited to
maintenance workers, patrol guards 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 and/or the District, either with their own
employees or by contract with third parties, or any combination thereof.
Administrative Expenses: j
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 theiCFD 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 or the District for the payment of the costs of the services.
I
i
I
A-1
EXHIBIT B
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
B-1
EXHIBIT B
Rate & Method of Apportionment of Special Taxes
Special Taxes shall be levied on all Taxable Parcels within the County of Contra Costa
Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) (the
"CFD"), and collected according to the Rate and Method of Apportionment of Special Taxes
described herein.
Special Taxes, when levied, shall be collected by the Contra Costa County Tax
Collector's Office by means of a line item on the annual ad-valorem property tax billings or, if
determined to be in the best interests of the County, by means of the direct billing by the
County of the applicable property owners.
DEFINITIONS
Administrator: Means the individual(s) designated by the County to administer the CFD
in accordance with the authority and powers granted by the Board of Supervisors.
Annual Administrative Costs: Means 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.
Assessor Parcel: Means a parcel of land which has an Assessor Parcel number
assigned to it by the Contra Costa County Assessor's office.
Building Permit: Means a Building Permit issued by the County and having an
improvement valuation over $50,000. Building Permits for the construction of ancillary
structures such as fences, swimming pools, retaining walls, etc are not to be considered
"Building Permits" for purposes of this Rate and Method of Apportionment of Special Taxes.
CFD: Means County of Contra Costa Community Facilities District No. 2006-1 (North
Richmond Area Maintenance Services).
Commercial Parcels: Means Assessor Parcels classified as "Commercial Parcels" or
"Improved Commercial Parcels" by the County Assessor.
Condominium Parcels: Means Assessor Parcels classified as "Condominium
Parcels" by the County Assessor; including below market rate condominiums.
County: Means Contra Costa County.
Exempt Parcels: Means Assessor Parcels owned by the Federal, State, County or
other local government or special district, and Assessor Parcels not otherwise classified as
Taxable Parcels.
CADOCUME-1\JKennedy\LOCALS-1\Temp\notesBAAA25\rate_and_method(rev06-07-06).doc Page 1 of 5
EXHIBIT B
Rate & Method of Apportionment of Special Taxes
Fiscal Year: Means the period starting on July 1 and ending the following June 30.
Floor Area Ratio: Means the total improved square footage of the structure(s)
divided by the total square footage of the Assessor Parcel upon which the structure(s) is/are
located. For example, if the improved square footage of a structure is 50,000 sq. ft. and the
Assessor Parcel upon which the structure is located on is 25,000 sq. ft. the Floor Area Ratio is
equal to 2.00 (50,000 sq. ft./25,000 sq. ft.).
Industrial Parcels: Means Assessor Parcels classified as "Industrial Parcels" by the
County Assessor.
Institutional Parcels: Means Assessor Parcels classified as "Institutional Parcels" by
the County Assessor.
Multi-Family Residential Parcels: Means Assessor Parcels classified as "Multi-Family
Residential Parcels" by the County Assessor. These parcels include apartments and below
market rate units. However, Multi-Family Residential Parcels shall not include Condominium
Parcels or Townhome Parcels.
Parcel Acreage: Means the acreage identified on a County Assessor's map for a
particular Assessor Parcel. If the acreage is not indicated on the County Assessor's map then
the acreage indicated within the County Assessor's database or any other calculation
determined by the Administrator that accurately depicts the assessor's parcel acreage. If it is
determined that the County Assessor's map acreage information for a particular Assessor
Parcel is not accurate then the calculated acreage shall be based upon the judgment of the
Administrator.
Public Works Director: Means the County Director of Public Works or his/her
designee.
Rural Parcels: Means Assessor Parcels classified as "Rural Parcels" by the County
Assessor; including below market rate units.
Services: Means the services eligible to be funded by the CFD.
Single Family Residential Parcels: Means Assessor Parcels classified as "Single
Family Residential" or "Attached Single Family Residential Parcels by the County Assessor;
including below market rate units.
CADOCUME-1WKennedy\LOCALS-1\Temp\notesBAAA25\rate_and_method(rev06-07-06).doc Page 2 of 5
EXHIBIT B
Rate & Method of Apportionment of Special Taxes
Special Tax Rate: Means the maximum Special Taxes to be levied on each Taxable
Parcel within the boundaries of the CFD each Fiscal Year as shown in the following table, and
subject to increases discussed below.
County of Contra Costa Community Facilities District No. 2006-1
(North Richmond Area Maintenance Services)
Fiscal Year 2006-07 Special Tax Rates by Land Use 1,2
Total
Single-Family Residential Parcels $150.00 per Residence
Condominium Parcels $112.50 per Residence
Townhome Parcels $112.50 per Residence
Multi-Family Residential Parcels $75.00 per Unit
Commercial Parcels $1,500.00 per Acre
Industrial Parcels $1,500.00 per Acre
Rural Parcels $150.00 per Residence
Institutional Parcels $1,500.00 per Acre
' If any Taxable Parcel within the boundaries of the CFD has
a Floor Area Ratio greater than one (1.00) the Special Tax
Rates shown in the table above .will be multiplied by the
Taxable Parcel's Floor Area Ratio. For example, if a
Commercial Parcel has a Floor Area Ratio of 1.50 the Fiscal
Year 2006-07 Special Tax Rate would be $2,250.00 per acre
($1,500.00/acre x 1.50).
2 For Fiscal Year 2007-08 and for each Fiscal Year thereafter,
the Special Tax Rates shown in the table above will be
increased each year over the Special Tax Rates in effect for
the prior Fiscal Year by a percentage equal to the percentage
increase in the Consumer Price Index for San Francisco Bay
Area Urban Wage Earners.
Special Taxes: Means the Special Taxes levied on a Taxable Parcel pursuant to the
Rate and Method of Apportionment of Special Taxes described herein.
Taxable Parcel: Means an Assessor Parcel within the boundaries of the CFD that is
not classified as an Exempt Parcel and for which a Building Permit has been issued prior to
February 1 preceding the Fiscal Year for which Special Taxes are being levied.
Townhome Parcels: Means Assessor Parcels classified as "Townhome Parcels" by
the County Assessor.
Usecode: Means the current use of the respective Assessor Parcel as assigned by
the County Assessor's Office.
CADOCUME-1\JKennedy\LOCALS-1\Temp\notesBAAA25\rate_and_method(rev06-07-06).doc Page 3 of 5
............... ....
EXHIBIT B
Rate & Method of Apportionment of Special Taxes
CALCULATION OF SPECIAL TAXES
The calculation of the Special Taxes will be as follows for each Fiscal Year,
commencing with Fiscal Year 2006-07:
1) On or about July 1 of each year the Administrator will determine which Assessor
Parcels within the boundaries of the CFD are classified as Taxable Parcels.
2) The Administrator will calculate the Floor Area Ratio. for each Taxable Parcel to
determine if the Floor Area Ratio for any Taxable Parcel exceeds one (1.00).
3) The Administrator will calculate the total revenue the CFD would receive for the
ensuing Fiscal Year, if the County were to levy the Special Taxes at the maximum
Special Tax Rates on all Taxable Parcels within the boundaries of the CFD.
4) The Public Works Director will determine the Services funding needs for the CFD
for the ensuing Fiscal Year, which will include the costs to pay Annual
Administrative Costs.
5) If the Services funding needs for the CFD identified in Step No. 4 above are less
than the projected revenues identified in Step No. 3 the Special Tax Rates shall
be reduced proportionately for each Taxable Parcel for the ensuing Fiscal Year to
equal the funding needs. If the Services funding needs for the CFD identified in
Step No. 4 above are equal to or greater than the projected revenues identified in
Step No. 3 the Special Taxes shall be levied at the maximum Special Tax Rate
for each Taxable Parcel.
6) The Administrator will submit the Special Taxes to the County Auditor's office for
inclusion on the secured property tax roll for the applicable Fiscal Year or, if
determined to be in the best interests of the County, will directly bill the applicable
owners of the Taxable Parcels.
COLLECTION OF THE SPECIAL TAXES
Each year, the Administrator will coordinate with the Contra Costa County Tax
Collector's office to have the Special Tax for each applicable Taxable Parcel placed on the
secured property tax roll. If the Administrator believes it is in the best interest of the County, the
Special Taxes may be directly billed to the applicable property owners.
INTERPRETATION OF SPECIAL TAX FORMULA
The County 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 County's discretion. Interpretations may be made by the County by ordinance or
resolution of the Board of Supervisors for purposes of clarifying any vagueness or ambiguity in
this Rate and Method of Apportionment.
C:\DOCUME-1\JKennedy\LOCALS-1\Temp\notesBAAA25\rate_and_method(rev06-07-06).doc Page 4 of 5
EXHIBIT B
Rate & Method of Apportionment of Special Taxes
APPEAL OF SPECIAL TAX
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.
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to any legal action by such owner.
TERM OF SPECIAL TAX
The Special Taxes shall be levied in perpetuity as necessary to fund the Services and
pay the Annual Administrative Costs.
C:\DOCUME--1\JKennedy\LOCALS-1\Temp\notesBAAA25\rate_and_method(rev06-07-06).doc Page 5 of 5
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EXHIBIT C
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NORTH RICHMOND AREA MAINTENANCE SERVICES)
NOTICE OF PUBLIC HEARING
Notice is hereby given that on June 13,2006, the Board of Supervisors of the County of
Contra Costa adopted a Resolution entitled "Resolution 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 — North Richmond Area Maintenance Services".
Pursuant to the .Mello-.Roos Community Facilities Act of 1982 (the "Law") the Board of
Supervisors of the County of Contra Costa hereby gives notice as follows:
A. The text of said Resolution of Intention is as follows:
WHEREAS, under the Mello-Roos Community. Facilities Act of 1982, constituting
Section 53311 et seq. of the California Government Code (the "Lave'), this Board of
Supervisors (the `Board") may commence .proceedings for the establishment of a
community facilities district; and
WHEREAS, KB Home South Bay Inc. (the "Company"), and KB One, LLC have
submitted to the County of Contra Costa (the "County") Petitions (Including Waivers)
(collectively, the "Petitions") requesting that the Board conduct proceedings under the
Law to create a community facilities district to be designated "County of Contra Costa
Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services)"
(the "CFD"); and
WHEREAS, under the Law, this Board is the legislative body for the proposed CFD and
is empowered.with the authority to establish the CFD and levy special taxes within the
CFD.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of
Contra Costa as follows:
Section 1. This Board proposes to begin the proceedings necessary to establish the
CFD pursuant to the Law. Receipt by the County of the Petitions is hereby
acknowledged.
Section 2. The name proposed for the CFD is County of Contra Costa Community
Facilities District No. 2006-1 (North Richmond Area Maintenance Services).
Section 3. The proposed boundaries of the CFD are as shown on the map of the CFD
on file with the Clerk of the Board, which boundaries are hereby preliminarily approved.
The Clerk of the Board is hereby directed to record, or cause to be recorded, the map of
the boundaries of the CFD in the office of the County Recorder as soon as practicable
after the adoption of this Resolution.
Section 4. The type of services proposed to. be funded in whole or in part by the CFD
and pursuant to the Law shall consist of those services described on Exhibit A hereto
(the "Services"), which Exhibit is by this reference incorporated herein. The Deputy
Director-Redevelopment of the County is hereby authorized and directed to enter into a
joint community facilities agreement with the Contra Costa County Flood Control and
Water Conservation District in a form provided by special CFD formation counsel, as
determined to be necessary by such counsel under the requirements of the Law.
Section 5. Except to the extent that funds are otherwise available to the CFD to pay for
the Services and the administrative expenses of the CFD, 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 annually within the CFD and collected in the same
manner as ordinary ad valorem property taxes or in such other manner as this Board or
its designee 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 proposed
CFD to estimate the maximum amount such owner will have to pay, are described in
Exhibit B attached hereto which Exhibit is by this reference.incorporated herein.
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This Board finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the
California Government Code (relating to adjustments to ad valorem property taxes and
schools financed by a community facilities district) are inapplicable to the CFD.
Section 6. The levy of said proposed special tax shall be subject to the approval of the
qualified electors of the CFD at a special election. The proposed voting procedure shall
be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with
each owner having one vote for each acre or portion of an acre of land such owner
owns in the CFD.
Section 7. Except as may otherwise be provided by law all lands owned by any public
entity, including the United States, the State of California, the County and/or any
departments or political subdivisions of any thereof shall be omitted from the levy of the
special tax to be made to cover the costs and expenses of the Services and any
expenses of the CFD to the extent, and only to the extent, such land is described as not
subject to the special tax levy as specifically set forth in the Rate and Method of
Apportionment of Special Tax set forth in Exhibit B hereto.
Section 8.. The Deputy Director of Public Works of the County or the Deputy Director's
designee is hereby directed to study the proposed CFD and the Services and to make,
or cause to be made, and file with the Clerk of the Board a report in writing, presenting
the following:
(a) A brief description of the Services.
(b) 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.
Said report shall be made a part of the record of the public hearing provided for below.
Section 9. Tuesday, July 18, 2006, at 9:30 a.m. or as soon thereafter as the matter may
be heard, in the regular meeting place of this Board, Board of Supervisors Chambers,
651 Pine Street, Martinez, California, be, and the same are hereby appointed and fixed
as the time and place when and where this Board, as legislative body for the CFD, will
conduct a public hearing on the establishment of the CFD and consider and finally
determine whether the public interest, convenience and necessity require the formation
of the CFD and the levy of said special tax.
Section 10. The County has adopted Local Goals and Policies for Community Facilities
Districts (the "Goals and Policies"). The Board hereby waives the provisions of the
Goals and Policies which require submission of an application and deposit by the
property owner in a proposed community facilities district, in order to expedite the
formation of the CFD and otherwise in recognition that the CFD is intended to include,
by future annexation, properties other than those owned by the Company. In addition,
the Board hereby waives the provisions of the Goals and Policies that prohibit any
escalation of the maximum special tax on residential properties, to the extent
inconsistent with the rate and method of apportionment of special taxes in Exhibit B
hereto.
Section 11. This Board hereby determines that public convenience and necessity
require that territory be'added to the CFD in the future, and that this Resolution shall
constitute a resolution of intention to annex territory to the CFD pursuant to Sections
53339.2 and 53339.3 of the Law. The name for the CFD is County of Contra Costa
Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services).
The territory proposed for annexation to the CFD in the future is as indicated as such on
the map of the CFD described in Section 3 above (the "Annexation Area"); provided that
such territory may be annexed to the CFD only with the unanimous approval of the
owner or owners of each parcel or the parcels to be annexed at the time that parcel or
those parcels are so annexed. The types of services to be provided in the CFD and in
the Annexation Area are the "Services" referenced in Section 4 above. The special
taxes which will be levied in the Annexation Area shall be the same as those described
in Section 5 above, and there shall be no alteration in the special tax rate levied in the
CFD as a result of the proposed annexation. The hearing regarding the proposed
annexation described in this Section 11 and required by Section 53339.3(f) of the Law
shall be combined with the hearing described in Section 9 above, and the notice
described in Section 12 below shall constitute the notice required by Section 53339.4 of
the Law.
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Section 12. The Deputy Director-Redevelopment of ,the County is hereby directed to
cause notice of said public hearing to be given by publication one time in a newspaper
published in the area of the CFD. The publication of said notice shall be completed at
least seven days before the date herein set for said hearing. Said notice shall be
substantially in the form of Exhibit C hereto.
Section 13. The firm of Quint & Thimmig LLP is hereby designated as special formation
counsel to the County for the CFD. The Deputy Director-Redevelopment of the County
is hereby authorized to execute an agreement with said firm for its services related to
the CFD, in a form acceptable to Deputy Director-Redevelopment of the County.
B. The exhibits to the Resolution which describe the services eligible to be funded by the
CFD and the rate and method of apportionment of the special taxes for the CFD are on file in
the office of the Clerk of the Board of Supervisors of the County.
C. The time and place established under said Resolution for the public hearing required
under the Act are Tuesday, July 18, 2006, at the hour of 9:30 a.m. or as soon thereafter as the
matter may be heard, in the regular meeting place of the Board of Supervisors of the County of
Contra Costa, Board of Supervisors Chambers, 651 Pine Street, Martinez, California.
D. At said hearing, the testimony of all interested persons or taxpayers for or against the
establishment of the CFD, the extent of the CFD or the furnishing of the specified types of
services will be heard. Any person interested may file a protest in writing with the Clerk of the
Board of Supervisors of the County. If fifty percent or more of the registered voters, or six
registered voters, whichever is more, residing in the territory proposed to be included. in the
CFD, or the owners of one-half or more of the area of land in the territory proposed to be
included in the CFD and not exempt from the special tax file written protests against the
establishment of the CFD and the protests are not withdrawn to reduce the value of the protests
to less than a majority, the Board of Supervisors shall take no further action to establish the
CFD or levy the special taxes for a period of one year from the date of the decision of the Board
of Supervisors, and if the majority protests of the registered voters or the landowners are only
against the furnishing of a type or types of services within the CFD, or against levying a
specified special tax, those types of services or the specified special tax will be eliminated from
the proceedings to form the CFD.
In addition to the foregoing, at said hearing, the testimony of all interested persons for or
against the future annexation of territory to the CFD (as described in Section 15 of the
Resolution) or the levying of special.taxes within the territory proposed to be annexed to the
CFD in the future will be heard.
E. The proposed voting procedure shall be by special mail or hand-delivered ballot to
the owners of real property within the territory proposed to be included in the CFD.
Dated: , 2006
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