HomeMy WebLinkAboutMINUTES - 06172008 - C.123 11
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Contra
*, s Costa
• ;4� County
. casTa co8p`�.
TO: BOARD OF SUPERVISORS
Rev4
FROM: Dennis M. Barry, AICP, Interim Director
Conservation and Development Department
DATE: June 17, 2008
SUBJECT: BART Transit Village Maintenance Community Facilities District, Contra Costa Centre
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 for the
BART Transit Village, Contra Costa Centre area.
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: C��
RECOMMENDATION OF COUNTY ADMINISTRATO RECOM ENDATION OF BOARD
COMMITTEE APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED ✓ CtHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A
%/ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Jim Kennedy
5-7225
orig: Community Development
cc: County Administrator ATTESTElJ'-jMt-
County Counsel JOHN CULLEN, CLERK OF THE
Treasurer-Tax Collector BOARD OF SUPERVISORS
Auditor-Controller AND THE COUNTY ADMINISTRATOR
Public Works
Redevelopment Agency
via: Redevelopment -
* Quint & Thimmig Bllt,tC• !L{.ti �, DEPUTY
* BART
* AvalonBay Communities
GACDBG-REDEV\MelloRoosCFD\BART Transit Village\Board.Order.BART Transit village 6.17.08.rev4.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.
Pleasant Hill Transit Village Associates, LLC(the"Developer")is obligated by a business agreement with the
County Redevelopment Agency to participate in a mechanism to generate funds for maintenance of Public
Works Facilities in the Contra Costa Centre area in its development of the BART Transit Village. The Agency
Assistance Agreement of December 19, 2005 provides that the developer will pursue establishment of a
Mello-Roos Special Tax to, at a minimum, provide for what is described below as the Tier 1 tax. The tax for
services would be comprised of two tiers: Tier I would be a flat $50,000/year for the maintenance of area
benefiting infrastructure such as the Iron Horse Overcrossing of Treat Blvd (a pedestrian and bicycle
overcrossing at Jones Road and Treat Blvd.), Walden Green (a linear park immediately to the east of the
BART Transit Village project), and the proposed pedestrian and bicycle shortcut path from the Las Juntas
Way/Cherry Lane area to the David/Minert/Bancroft area of Walnut Creek; and Tier 2 would be an annual
special tax to cover the costs of maintenance associated with the specialized infrastructure being installed as
part of the BART Transit Village Project, including decorative lighting,special pavers,parks and plazas,street
furniture, etc. The Tier 2 tax would be indexed for inflation, and would be permanent. It has been determined
that the best vehicle for generating the service tax is through a Mello-Roos Community Facilities District
proceeding. Expenditures to be covered by the Special Tax may include payment of staff expenses(including
salary, benefits, and overhead), and expenses related to the administration and collection of the special tax.
The BART Transit Village is a 522 unit residential/mixed use project that includes 422 rental units& 100 for-
sale condominiums, approximately 35,500 square feet of retail,a business conference center and a 290,000
square foot office building.The Tentative Map is approved, as is the Preliminary and Final Development Plan
(County File SD-058950, DP-023041, and DP-043099 respectively, which were approved by the County in
2002 and 2005).
The County adopted financing policies for Community Facilities Districts(CFD)on September 13, 1994. Two
portions of the financing policies are proposed to be waived by adoption of the recommended Resolution of
Intention. First, the policies require submittal of an application setting forth the parameters of the proposed
development, and the nature of the facilities to be maintained by the proposed Mello-Roos Special Tax. The
BART Transit Village Project is the subject of an extensive number of prior business agreements between the
County Redevelopment Agency and the Developer,the Pleasant Hill BART Leasing Authority(a joint exercise
of powers authority comprised of the San Francisco Bay Area Rapid Transit District[BART],the County,and
the Redevelopment Agency)that have provided all the information necessary to proceed with the formation of
the proposed Mello-Roos Community Facilities District. The second waiver relates to a policy of no escalating
Special Tax on residential property. The BART Transit Village is primarily a residential rental development,
along with retail,and an office component. The party voting in the proposed CFD proceeding will be the party
paying the special tax. The BART Transit Village owner has requested the escalation of a portion of the
Special Tax be provided for.
The BART Transit Village is going to be developed on land leased to it by the Pleasant Hill BART Leasing
Authority, a joint powers agency comprised of BART,the County,and the Redevelopment Agency. Conditions
precedent for executing the initial sub-lease for the apartments has not yet been fully satisfied. In order to not
hold up the formation of the CFD, the County will sublease property that it is leasing from BART(a portion of
what is now Fox Creek Park) to the Developer. The sublease will permit the Developer to take all actions
necessary to establish the CFD. The operations associated with Fox Creek Park will not be affected by the
sublease. A copy of the sublease is attached as Attachment A.
The recommended actions responds to a petition received from the property developer (copy attached as
Attachment B), 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).
It is anticipated that a Resolution of Formation related to establishing the District will be forwarded to the Board
of Supervisors in July, 2008.
JK:dk
G:\CDBG-REDEV\MelloRoosCFD\BART Transit Village\Boa rd.Order.BART Transit village 6.17.08.rev4.doc
ATTACHMENT A
FORM OF FOX CREEK PARK SUB-LEASE
C-4
ATTACHMENT B
Petition
C-5
Quin)&1lwrunig LLP 4/21/08
5/29/08
6/3/08
PETITION
(Including Waivers)
To Create a Community Facilities District and With Respect to Related Matters
To the Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez,California 94553
Members of the Board of Supervisors:
This is a petition to create a community facilities district, and with respect to related
matters, under Sections 53311 and following of the California Government Code (the "Act"),
and the undersigned hereby states as follows:
1. Petitioner. This petition is submitted by Pleasant Hill Transit Village Associates,
LLC (the "Petitioner"), as the prospective lessee of the parcel of land identified by the legal
description attached hereto as Exhibit A (the "Land"). By submitting this petition, Petitioner
warrants to the County of Contra Costa (the "County") that prior to July 22,2008,the Petitioner
will have entered into a sublease of the Land with the County.
2. Proceedings Requested. Petitioner hereby asks that the Board of Supervisors of
the County undertake proceedings under the Act to create a community facilities district to be
designated "County of Contra Costa Community Facilities District No. 2008-1 (BART Transit
Village)" (the "CFD") and to levy special taxes in the CFD.
3. Boundaries of CFD. Petitioner hereby asks that the territory to be included in
the boundaries of the CFD include the Land.
4. Purpose of CFD. Petitioner hereby asks that the CFD be created and the special
taxes be levied for the CFD in order to provide funds to pay for the services described in
Exhibit B hereto,and for payment of the costs of administering the CFD.
5. Flection. Petitioner hereby asks that the special election to be held under the Act
to authorize the levy of the special taxes and to establish an appropriations limit for the CFD be
consolidated into a single election and that the election be conducted by the County and its
officials using mailed or hand-delivered ballots,and that such ballots be opened and canvassed
and the results certified at the same meeting of the Board of Supervisors of the County as the
public hearing on the CFD under the Act is held or as soon thereafter as possible.
03007.21:J9895
6. Waivers. To expedite,the completion of the proceedings for the CFD, all notices
of hearings and all notices of election, applicable waiting periods under the Act for the election
and all ballot analysis and arguments for the election are hereby waived by the Petitioners.
This petition is dated June 2- 2008.
PLEASANT HILL TRANSIT VILLAGE
ASSOCIATES LLC,a Delaware
limited liability company
By: PLEASANT HILL MANAGER,LLC,
a Delaware limited liability company
its Manager
By: AvalonBay Communities,Inc.,
a Maryland corporation,
its Sole Member
By:
Name: -ST OQ5�
Title: SSS mfz
-2-
EXHIBIT A
LEGAL DESCRIPTION OF THE LAND
TO BE LEASED BY THE PETITIONER
A portion of Parcels O-C244 and 244.1 as said parcels are shown on a map entitled, "San
Francisco Bay Area Rapid Transit District, Record Map of Right of Way, Central Contra Costa
Line" recorded in Book 3 of BART maps at page 7 in the Office of the County Recorder of
Contra Costa County,being also a portion of Rancho Las Juntas,described as follows:
BEGINNING at the point of intersection of the back of existing sidewalk located along
the southerly side of Las Juntas Way with the easterly line of"Parcel One"as shown on
a map entitled, "2nd Updated A.L.T.A. Survey"prepared by Aliquot Engineering dated
Rev.2,3/1/89 and running thence
(1) Easterly along the back of sidewalk, 87 feet more or less to an angle point in the
sidewalk,thence
(2) Southerly, along the westerly back of sidewalk, along a BART parking lot, 183
feet more or less to an angle point the sidewalk,thence
(3) Westerly, along the northerly back of sidewalk along the northerly line of Wayne
Drive 65 feet more or less,thence
(4) Along the westerly line of the aforementioned "Parcel One" North 17.00 feet,
thence
(5) Along the same N 2°24' 37"E.37.05 feet,thence
(6) Still along the same N 4° 54' 55" E 124.98 feet to the point and place of
BEGINNING
Containing 0.31 acres,more or less.
Note: The above-described parcel constitutes a portion of Contra Costa County Assessor's
Parcel No. 148-221-036, as well as a portion of an adjacent Contra Costa County
Assessor's Parcel.
A-1
EXHIBIT B
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 the foregoing:
Tier 1.
(a) Maintenance of the Iron Horse Trail overcrossing over Treat Boulevard, which is
located in the vicinity of the CFD;including,but not limited to,the following:
• Structural steel painting on a programmed basis;
• Maintenance and replacement of deck drainage and expansion joints;
• Maintenance and replacement of railing and projectile fencing;
• Maintenance and replacement of bridge deck and aesthetic lighting;
• Landscape maintenance and replacement;
• Traffic signal repair/replacement;and
• Bridge deck pavement sealing and replacement.
(b) Maintenance of the Walden Green linear park,which is located in the vicinity of
the CFD,including,but not limited to,the following:
• Landscape maintenance and replacement,including mowing,watering,
weeding,and replacement;
• Repair and replacement of signage;
• Repair and replacement of irrigation lines and water lines;
• Trail paving and sealing;
• Trash pick-up;
• Water and electricity requirements;and
• Security,.including the repair and replacement of fencing.
(c) Maintenance of the Contra Costa Centre Shortcut Path for pedestrians and
bicycles, from the Brancroft/David/Minert area of Walnut Creek to the Contra
Costa Centre area, including to BART and to the BART Transit Village, and
located in the vicinity of the CFD;including,but not limited to,the following:
Trail paving and sealing;
• Repair and replacement of signage;
• Landscape maintenance and replacement
• Repair and replacement of irrigation lines;
• Security,including the repair and replacement of fencing and security call-
boxes;
• Water and electricity requirements;and
• Trash pick-up.
B-1
Tier 2.
(a) Maintenance of street lights in the Contra Costa Centre area, within and in the
vicinity of the CFD, including, but not limited to, the maintenance, operation
and replacement of fixtures, lighting and appurtenances, and electricity
requirements.
(b) Maintenance of colored concrete areas within portions of the roadways and
sidewalks in the Contra Costa Centre area,within and in the vicinity of the CFD,
including, but not limited to, maintenance of surface areas, repair and
replacement,trash pick-up,and related services.
(c) Maintenance of landscaping within portions of the roadways and sidewalks in
the Contra Costa Centre area, within and in the vicinity of the CFD, including,
but not limited to,maintenance of street trees,median landscaping and sidewalk
landscaping.
The CFD may fund any of the following related to the services described above: obtaining,
constructing, furnishing, operating and maintaining equipment, apparatus or facilities, the
funding of reserves for replacements, paying the salaries and benefits of personnel (including
but not limited to inspection and maintenance workers 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,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 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 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 County for the payment of the costs of the services.
B-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 17, 2008, by the following vote:
s __L
AYES: SUPERVISORS GIOIA, ,!
UILKEMA,BONILLA,AND PIEPHO •;
NOES: NONE
ABSENT; SUPERVISOR GLOVER
ABSTAIN: NONE e y�
Resolution No. 2008/
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 )
— BART Transit Village, and Approving Sublease )
for Area Within the District )
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq.
of the California Government Code (the "Law"), this Board of Supervisors (the "Board") may commence
proceedings for the establishment of a community facilities district; and
WHEREAS, Pleasant Hill Transit Village Associates, LLC (the "Company") has submitted to the County
of Contra Costa (the "County") a Petition (Including Waivers) (the "Petition") 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. 2008-1 (BART Transit Village)" (the "CFD"); and
WHEREAS, in order to form the CFD, a nongovernmental entity must have an interest in all or a
portion of the property to be included in the CFD, and it has been proposed that the County sublease a
portion of the property to be included in the CFD to the Company so that the CFD may be formed; 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, and this Board now
desires to undertake the actions necessary to form the CFD, and to approve a sublease with the
Company for a portion of the land to be included in 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 Petition is hereby acknowledged.
Section 2. The name proposed for the CFD is County of Contra Costa Community Facilities District
No. 2008-1 (BART Transit Village).
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.
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 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. 2008/ ��
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 ballots 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(including, but not limited to, the San Francisco Bay Area Rapid Transit District), 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 in the rate and method of apportionment of special tax set forth in Exhibit
B hereto.
Section 8. The Deputy Director-Redevelopment in the Department of Conservation and Development
of the County or the Deputy Director-Redevelopment'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 22, 2008 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 provision of the Goals and Policies which requires
submission of an application 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, and any limitation on the maximum special tax as a percentage of
the estimated value of property to be subject to the special tax, in each case 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 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 any specific parcel or parcels
within such territory may be annexed to the CFD only with the unanimous approval of the owner or
owners of each parcel or 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.
RESOLUTION NO. 2008/ *
Section 12. The Deputy Director-Redevelopment in the Department of Conservation and Development
of the County is hereby directed to cause notice of the public hearing referred to in Sections 9 and 11
above 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. The notice shall be substantially in the form of Exhibit C hereto.
Section 13. The sublease (the "Sublease") relating to a portion of the real property to be included in
the CFD, by and between the County and the Company, substantially in the form.attached hereto as
Exhibit D is hereby approved. The Deputy Director-Redevelopment in the Department of Conservation
and Development of the County, or his designee, is hereby authorized and directed, for and in the
name and on behalf of the County, to execute and deliver the Sublease in said form..
I hereby certify that this is a true and correct copy
of an action taken and entered on the minutes of
the Board of Supervisors on the date shown:
ATTESTED:Ame, 1q, 2cce
JOHN CULLEN, Clerk of the Board of
Supervisors and County Administrator
6yV� c Deputy
03007.21:J9894
6/3/08
RESOLUTION NO. 2008/142b
EXHIBIT A
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(BART TRANSIT VILLAGE)
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 the foregoing:
Tier 1.
(a) Maintenance of the Iron Horse Trail overcrossing over Treat Boulevard, which is
located in the vicinity of the CFD; including, but not limited to, the following:
• Structural steel painting on a programmed basis;
• Maintenance and replacement of deck drainage and expansion joints;
• Maintenance and replacement of railing and projectile fencing;
• Maintenance and replacement of bridge deck and aesthetic lighting;
• Landscape maintenance and replacement;
• Traffic signal repair/replacement; and
• Bridge deck pavement sealing and replacement.
(b) Maintenance of the Walden Green linear park, which is located in the vicinity of
the CFD, including, but not limited to, the following:
• Landscape maintenance and replacement, including mowing, watering,
weeding, and replacement;
• Repair and replacement of signage;
• Repair and replacement of irrigation lines and water lines;
• Trail paving and sealing;
• Trash pick-up;
• Water and electricity requirements; and
• Security, including the repair and replacement of fencing.
(c) Maintenance of the Contra Costa Centre Shortcut Path for pedestrians and
bicycles, from the Brancroft/David/Minert area of Walnut Creek to the Contra
Costa Centre area, including to BART and to the BART Transit Village, and
located in the vicinity of the CFD; including, but not limited to, the following:
• Trail paving and sealing;
• Repair and replacement of signage; ,
• Landscape maintenance and replacement
• Repair and replacement of irrigation lines;
• Security, including the repair and replacement of fencing and security call-
boxes;
• Water and electricity requirements; and
• Trash pick-up.
Tier 2.
(a) Maintenance of street lights in the Contra Costa Centre area, within and in the
vicinity of the CFD, including, but not limited, to the maintenance, operation and
replacement of fixtures, lighting and appurtenances, and electricity requirements.
(b) Maintenance of colored concrete areas within portions of the roadways and
sidewalks in the Contra Costa Centre area, within and in the vicinity of the CFD,
including, but not limited to, maintenance of surface areas, repair and
replacement, trash pick-up, and related services.
(c) Maintenance,of landscaping within portions of the roadways and sidewalks in the
Contra Costa Centre area, within and in the vicinity of the CFD, including, but not
limited to, maintenance of street 'trees, median landscaping and sidewalk
landscaping.
The CFD may fund any of the following related to the services described above: obtaining,
constructing, furnishing, operating and maintaining equipment, apparatus or facilities, the
funding of reserves for replacements, paying the salaries and benefits of personnel (including
A-1
but not limited to inspection and maintenance workers 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, 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 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 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 County for the payment of the costs of the services.
A-2
EXHIBIT B
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(BART TRANSIT VILLAGE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
B-1
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT No. 2008-1
(BART TRANSIT VILLAGE)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor's Parcel in C0111111LInity Facilities District No. 2008-1
(BART Transit Village) therein "CFD No. 2008-1" or "CFD-] shall be levied and collected
according to the tax liability determined by the Board of Supervisors of the County of Contra
Costa, acting in its capacity as the legislative body of CFD No. 2008-1, through the application
of the appropriate Special Taxes, as described below. All of the property in CFD No. 2008-1,
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, including property subsequently annexed to
CFD No. 2008-1, unless a separate Rate and Method of Apportionment of Special Tax is adopted
for the annexation area,
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Pat-cc] Map, or if the land area is not shown oil an Assessor's Parcel Map, the land area shown on
the applicable final map, parcel map, condominium plan, oi-other recorded County map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
(commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the direct and indirect expenses incurred by the CFD or the
.County in connection with the establishment and administration of CFD No. 2008-1 (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 CFD related to CFD No. 2008-1 or the collection of
Special Taxes, an allocable share of the salaries of County or CFD staff directly related thereto
and a proportionate amount of the County's and the CFD's general administrative overhead
related thereto, any amounts paid by the County or the CFD from their respective general funds
with respect to CFD No. 2008-1 or the services authorized,to be financed by CFD No. 2008-1,
expenses incurred by the County or the CFD 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 CFD No. 2008-1 for the payment of services, and all other costs and expenses of the
County or the CFD in any way related to CFD No. 2008-1.
"Administrator" means the person or firm designated by the Board of Supervisors to administer
the Special Taxes according to this RMA.
Cawttj,of Contra Costa CFD No. 2008-1 1 June 6,2008
"Assessor's Parcel" or"Parcel" means a lot or parcel shown on an Assessor's Parcel Map with
an assigned Assessor's Parcel number.
"Authorized Tier I Services" means the public services identified as Tier 1 services that are
authorized to be funded by CFD No. 2008-1, as set forth in the CFD formation documents
adopted by the Board of Supervisors.
"Authorized Tier 2 Services" means the public set-vices identified as Tier 2 services that are
authorized to be funded by.CFD No. 2008-1, as set forth in the CFD formation documents
adopted by the Board of Supervisors.
"BART" means the San Francisco Bay Area Rapid Transit District.
"BART Public Property" means San Francisco Bay Area Rapid Transit District-owned Parcels
that are not subject to a leasehold interest of the character described by Section 53340.1(aj and
are not Residential Property or Non-Residential Property.
"Board of Supervisors" means the Board of Supervisors of the County.of Contra Costa, acting
as the legislative body of CFD No. 2008-1.
"County" means the County of Contra Costa.
"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property for which a
building permit for new construction was issued prior to April 30 of the preceding Fiscal Year.
"Developer" means Pleasant Hill Transit Village Associates, LLC.
"Fiscal Year" means the period starting on July 1 and ending on the following June 30.
"Future Annexation Areas" means the areas designated for future annexation to CFD No.
2008-1 as shown in the proposed CFD No. 2008-1 boundary map in Exhibit B of this RMA.
"Maximum Special Taxes" means, collectively, the Maximum Tier 1 Special Tax and
Maximum Tier 2 Special Tax.
"Maximum Tier 1 Special Tax" means the maximum Tier I Special Tax that can be levied on
Taxable Property in any Fiscal Year determined in accordance with Section C below.
"Maximum Tier 2 Special Tax" means the maximum Tier 2 Special Tax that can be levied on
Taxable Property in any Fiscal Year determined in accordance with Section C below.
"Non-Residential Property" means Developed Property for which a building permit was issued
for a commercial, office,or industrial use.
"Original CFD Formation Parcel" means that portion of Assessor's Parcel _148-221-036 as
described in Exhibit A to this RMA.
Counh,of Contra Costa CFD No. 1008-1 1 June 6,2008
"Public Property" means any property within the boundaries of the CFD that is owned by or
irrevocably offered for dedication to the federal government, State of California, County, or
other local governments or public agencies. Public Property includes BART Public Property.
"Residential Property" means Developed Property for which a building permit was issued for
purposes of constructing one or more residential Units.
"RMA" means this Rate and Method of Apportionment of Special Tax.
"Section 53340.1(a)" of the Act reads as follows:
If a public agency owning property, including property held in trust for any
beneficiary, which is exempt from a special tax pursuant to Section 53340 grants
a leasehold or other possessory interest in the property to a nonexempt person or
entity, the special tax shall, notwithstanding Section 53340, be levied on the
leasehold or possessory interest and shall be payable by the owner of the
leasehold or possessory interest.
"Special Taxes" means, collectively, the Tier I Special Tax and the Tier 2 Special Tax.
"Square Footage" or "Sq. Ft." means the floor area square footage reflected on the original
construction building permit issued for construction of Non-Residential Property, plus any
Square Footage subsequently added to a building of Non-Residential Property after issuance of a
building permit for expansion or renovation of such building.
"Taxable Property" means any Assessor's Parcels within the boundaries of CFD No. 2008-1
that are subject to a leasehold interest of the character described by Section 53340.1(a) and that
are not exempt from the Special Tax pursuant to law or Section E below. Taxable Property
includes any Parcel owned by BART for which (i) there is a leasehold interest of a character
described by Section 53340.](a), or (ii) that is Residential Property or Non-Residential Property.
Taxable Property does not include BART Public Property.
"Tier 1 Special Tax" means a special tax levied in any Fiscal Year to.pay the Tier 1 Special Tax
Requirement.
"Tier 1 Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay
for Authorized Tier I Services, (ii) pay for a portion.of the Administrative Expenses for the
Fiscal Year, (iii) cure any delinquencies in the payment of Tier I Special Taxes levied in prior
Fiscal Years or (based on delinquencies in the payment of Tier 1 Special Taxes which have
already taken place) are expected to occur in the current Fiscal Year, and (iv) to create or
replenish reserve funds for future services or replacements, provided, however, that the Tier I
Special Tax Requirement shall not exceed $50,000 in any Fiscal Year.
"Tier 2 Special Tax" means a special tax levied in any Fiscal Year to pay the Tier 2 Special Tax
Requirement.
Count,of Contra Costa CFD No.2008-1 3 June 6,2008
"Tier 2 Special Tax Requirement" means the amount necessary in any Fiscal Year to (i) pay
for Authorized Tier 2 Services, (ii) pay for a portion of the Administrative Expenses for the
Fiscal Year, (iii) cure any delinquencies in the payment of Tier 2 Special Taxes levied in prior
Fiscal Years or (based on delinquencies in the payment of Tier 2 Special Taxes which have
already taken place) are expected to occur in the current Fiscal Year, and (iv) to create or
replenish reserve funds for future services or replacements, provided, however, that the Tier 2
Special Tax Requirement shall not exceed $68,000 in Fiscal Year 2008-09 dollars, which amount
shall increase cumulatively on July 1, 2009, and each July 1 thereafter, by a percentage equal to
the increase, if any, in the prior calendar year's change in the Consumer Price index for All
Urban Consumers for the Bay Area: San Francisco-Oakland-San Jose.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property.
"Unit" means an individual single-family detached home, townhome, condominium, apartment,
or other residential dwelling unit, including each separate living area within a half-plex, duplex,
triplex, fourplex, other residential structure, or mobile home park.
B. DATA COLLECTION FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel numbers for all
Parcels of Developed Property and Undeveloped Property within CFD No. 2008-1. Tile
Administrator shall also determine: (i) whether each Assessor's Parcel of Developed Property is
Residential Property or Non-Residential Property, (ii) the number of Units on each Parcel of
Residential Property, (iii) the total Square Footage on each Parcel of Non-Residential Property,
(iv) the Acreage of each Parcel of Undeveloped Property, and (v) the Tier 1 Special Tax
Requirement and the Tier 2 Special Tax Requirement.
In any Fiscal Year, if it is determined that (i) a. parcel map for a portion of property in CFD
No. 2008-1 was recorded after January I of the prior Fiscal Year (or any other date after which
the Assessor will not incorporate the newly-created Parcels into the then current tax roll),
(ii) because of the date the parcel map was recorded, the Assessor does not yet recognize the new
parcels created by the parcel map, and (iii) one or more of the newly-created parcels meets the
definition of Developed Property, the Administrator shall calculate the Special Tax for the
property affected by recordation of the parcel map by determining the Special Tax that applies
separately to each newly-created parcel, then applying the suin of the individual Special Taxes to
the Parcel that was subdivided by recordation of the parcel map.
C. MAXIMUM SPECIAL TAXES
1. Maximum Special Taxes
The Maximum Special Taxes for Fiscal Year 2008-09 for a Parcel of Taxable Property
shall be determined by reference to the table below:
County of Contra Costa CFD No. 2008-1 4 June 6,2008
Table 1
Maximum Special Taxes
Fiscal Year 2008-09
Maximum Maximum
Land Use Tier I Special Tax Tier 2 Special Tax
Residential Property $105.00 per Unit $62.00 per Unit
Non-Residential Property $0.16 per Building Sq. Ft. $0.11 per Building Sq. Ft.
Undeveloped Property $12,700 per Acre $9,900 per Acre
2. Maximum Special Tax Increases
On July 1, 2009, and each July I thereafter, the Maximum Tier 2 Special Tax rates shall
be increased by a percentage equal to the increase, if any, in the prior calendar year's
change in the Consumer Price Index for All Urban Consumers for the Bay Area: San
Francisco-Oakland-San .lose. The Maximum Tier 1 Special Tax rates shall not be
increased in future years.
3. Maximum Special Tax for a Parcel with Multiple Land Uses
In some instances an Assessor's Parcel of Developed Property may contain more than
one land use. The total Maximum Tier 1 Special Tax levied on an Assessor's Parcel shall
be the sum of the Maximum Tier 1 Special Tax for all Units of Residential Property and
Sq. Ft. of Non-Residential Property located on that Assessor's Parcel. Similarly, the
Maximum Tier 2 Special Tax levied on an Assessor's Parcel shall be the sum of the
Maximum Tier 2 Special Tax for all Units of Residential Property and Sq. Ft. of Non-
Residential, Property located on that Assessor's Parcel. The number of Units shall be
determined by referencing the development plan for the property or other County records.
D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
The Special Taxes shall be levied and collected according to the methodology outlined below.
1. Tier 1 Special Tax
Pursuant to an Agency Assistance Agreement between the Contra Costa County
Redevelopment Agency and the Developer, the Tier 1 Special Tax will not be levied until
residential and non-residential construction, as contemplated by the Agency Assistance
Agreement, is completed and certified by the County for occupancy., Residential and
County of Contra Costa CFD No. 2008-1 S June 6,2008
o
non-residential construction is expected to be completed in July 2010 and therefore,
Fiscal Year 2010-11 is expected to be the first year that the Tier 1 Special Tax will
be levied by CFD No. 2008-1. The Tier I Special Tax shall be levied as follows until the
amount of the levy equals the Tier 1 Special Tax Requirement:
Step 1: The Tier I Special Tax shall be levied proportionately on each Parcel of
Developed Property up to 100% of the Maximum Tier I Special Tax for
Developed Propetly.
Step 2: If additional revenue is needed after Step 1, the Tier i Special Tax shall be
levied proportionately on each Parcel of Undeveloped Property up to 100% of
the Maximum Tier i Special Tax for Undeveloped Property.
2. Tier 2 Special Tax
The Tier 2 Special Tax shall be levied, commencing in Fiscal Year 2009-10, as follows
until the amount of the levy equals the Tier 2 Special Tax Requirement:
Step 1: The Tier 2 Special Tax shall be levied proportionately on each Parcel of
Developed Property up to 100% of the Maximum Tier 2 Special Tax for
Developed Property.
Step 2: If additional revenue is needed after Step 1, the Tier 2 Special Tax shall be
levied proportionately on each Parcel of Undeveloped Property up to 100% of
the Maximum Tier 2 Special Tax for Undeveloped Property.
The Special Taxes for CFD No. 2008-1 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that the County may bill directly
and may collect at a different time or in a different manner if necessary to meet its financial
obligations.
E. EXEMPTIONS
Notwithstanding any other provision of this RMA, in no event shall Special Taxes be levied on
Public Property, BART Public Property, or property owned by a homeowners or property owners
association.. In addition, no Special Taxes shall be levied on the Original CFD Formation Parcel
in any Fiscal Year in which there is no leasehold interest of the character described by Section
53340,1(a), unless it is Residential Property or Non-Residential Property.
F. 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 Special Taxes or the
County oJContra Costa CFD No.2008-1 6 Ju rte 6, 1008
definition of Taxable Property. 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 resolution of the Board of Supervisors for purposes of clarifying any vagueness or
ambiguity in this RMA.
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 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(ies).
This procedure shall be exclusive and its exhaustion by any property owner shall be a condition
precedent to any legal action by such owner.
Count),of Contra Cosa CFD No. 2008-1 7 June 6.2008
EXHIBIT A
ORIGINAL CFD FORMATION PARCEL
Exhibit "A"
CFD 2008-1
De Annexation Parcel
Subdivision SD05-8950 BART
A.P.N.: 148-221-036(portion).
Project No.:SD 05-8950
Legal Description
A portion of that real property described in that certain document entitled "Amendment
to the Amended and Restated Acquisition and Development Agreement", recorded
August 9, 2000 as Recorder's Series Number 2000-0169689 of Oficial Records of
Contra Costa Counol, situate in all unincorporated portion of Contra Costa County,
State of California, being a portion of Rancho Las Juntas, described as follows:
Beginning, at the southwesterly corner of the parcel described in that certain Grant
Deed from Walnut View Properties to the San Francisco Bay Area Rapid Transit District,
recorded October 3, 1984 in Book 12002 at Page 266 of Official Records of Contra
Costa County; Thence, South 89°42'36" Nest, 59.1 7feet to a point on the southeasterly
line or proposed Lot 5 as said lot is shown ori the proposed Final Map of Subdivision
8950; Thence along the last said southeasterly line, North 45°53'39"East, 82.00feet to
a point on the westerly line of the said parcel to the San Francisco Bay Area Rapid
Transit District (12002 D.R. 266); Thence along the last said westerly line, South
00°17'24"East, 56.77 feet to the Point of Beginning.
Containing 1,680 square feet more or less or 0.039 acres more or less.
End of Description
Assessor's Parcel Numbers: 148-221-036 (portion).
The Final Map for Subdivision 8950 is currently in process for filing.
This description is intended for assessment purposes only and is not a legal description
as defined in the Subdivision Map Act and may not be used as the basis for the sale or
lease of the land hereon described.
This description was made by me or under my direction in conformance with the Land
Suil)eyors Act.
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EXHIBIT B
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EXHIBIT C
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2008-1
(BART TRANSIT VILLAGE)
NOTICE OF PUBLIC HEARING
Notice is hereby given that on June 17, 2008, 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 — BART Transit Village, and Approving Sublease
for Area Within the District". 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 "Law"), this Board of
Supervisors (the "Board") may commence proceedings for the establishment of a
community facilities district; and
WHEREAS, Pleasant Hill Transit Village Associates, LLC (the "Company") has
submitted to the County of Contra Costa (the "County") a Petition (including Waivers)
(the "Petition") 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. 2008-1 (BART Transit Village)" (the "CFD"); and
WHEREAS, in order to form the CFD, a nongovernmental entity must have an interest
in all or a portion of the property to be included in the CFD, and it has been proposed
that the County sublease a portion of the property to be included in the CFD to the
Company so that the CFD may be formed; 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, and this Board now desires to undertake the actions necessary to form the CFD,
and to approve a sublease with the Company for a portion of the land to be included in
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 Petition is hereby
acknowledged.
Section 2. The name proposed for the CFD is County of Contra Costa Community
Facilities District No. 2008-1 (BART Transit Village).
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.
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
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.
C-1
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 ballots 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(including, but not limited to, the San
Francisco Bay Area Rapid Transit District), 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 in the rate and method of apportionment of special tax set forth in
Exhibit B hereto.
Section 8. The Deputy Director-Redevelopment in the Department of Conservation and
Development of the County or the Deputy Director-Redevelopment'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 22, 2008 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 provision of the Goals
and Policies which requires submission of an application 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, and any limitation on the maximum
special tax as a percentage of the estimated value of property to be subject to the
special tax, in each case 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 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 any specific parcel or parcels within such territory
may be annexed to the CFD only with the unanimous approval of the owner or owners
of each parcel or 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.
C-2
Section 12. The Deputy Director-Redevelopment in the Department of Conservation
and Development of the County is hereby directed to cause notice of the public hearing
referred to in Sections 9 and 11 above 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. The notice
shall be substantially in the form of Exhibit C hereto.
Section 13. The sublease (the "Sublease") relating to a portion of the real property to be
included in the CFD, by and between the County and the Company, substantially in the
form attached hereto as Exhibit D is hereby approved. The Deputy Director-
Redevelopment in the Department of Conservation and Development of the County, or
his designee, is hereby authorized and directed, for and in the name and on behalf of
the County, to execute and deliver the Sublease in said form.
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 related to the formation of, and future annexation of territory to, the CFD are
Tuesday, July 22, 2008, 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 11 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: 2008
EXHIBIT D
FORM OF FOX CREEK PARK SUB-LEASE
C-3