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HomeMy WebLinkAboutRESOLUTIONS - 04231991 - 91-251 13052-12 JHHW:PJT:slc 05/31/89 J7561 03/28/91 04/17/91 RESOLUTION NO. 91/251 A RESOLUTION OF 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 County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has received written petitions (collectively, the "Petitions") from the owners of not less than ten percent (10%) of the area of land proposed to be included within a community facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Supervisors is the legislative body for the proposed District and is empowered with the authority to establish the District; and WHEREAS, this Board of Supervisors now desires to proceed with the establishment of the District. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. This Board of Supervisors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the District is County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Clerk of the Board, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Clerk of the Board is hereby directed to record, or cause to be recorded, a map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. Section 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the "Facilities"). Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same. manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. Section 6. It is the intention of this Board of Supervisors acting as the legislative body for the District to cause bonds of the County to be issued for the District pursuant to the Act to finance in whole or in part the acquisition of the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $6,000,000, shall bear interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized.by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by.mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the County, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this Board of Supervisors will, on behalf of the District, increase the levy to -the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maximum special tax that may be levied. Section 9. The Director of Public Works of the County, as the officer having charge and control of the Facilities in and for the District or his designee, or the Deputy Director - Redevelopment or his designee, is hereby directed to study said proposed Facilities 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 description of the Facilities by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of acquiring the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section 10. Tuesday, June 4, 1991, at 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California, be; and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special taxes. Section 11. The_Clerk of the Board or the Deputy Director - Redevelopment 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 District. 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 12. The County proposes to repay certain landowners within the District, solely from the proceeds of bonds of the County issued for the District, funds advanced by such landowners to pay costs of the County to form the District, all as more particularly described in an Agreement Regarding Advances, between the County and such landowners. I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 23rd day of April;1991,by the following vote of the Board: AYES: Supervisors Fanden, McPeak, Torlakson, Schroder NOES: None. ABSENT: Supervisor Powers ATTEST: Phil. Batchelor, Clerk of the Board of Supervisors and County Administrator. Bre Y� Deputy E CMMIT A DESCRIPTION OF FACILITIES TO BE FINANCED BY TIRE DISTRICT County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) FACILITIES I. Road Projects A. Construction of a new roadway within the former Southern Pacific right-of- way from the Pleasant Hill BART Station north to Bancroft Road and the extension of Bancroft to Monument Boulevard; B. Widening of Buskirk Avenue north from Coggins Drive to Monument Boulevard; C. Continuation of the roadway in the former Pacific right-of-way north of Monument Boulevard to Route 242 and I-680; D. Interchange improvements at I-680/Treat Boulevard; E. Modification of the Oak Park over-crossing to facilitate its serving traffic destined for the Pleasant Hill BART Station Area from Interstate 680 southbound; F. Widening eastbound Treat Boulevard east of its intersection with Cherry Lane. (Fourth eastbound lane to Bancroft); G. Connection of new roadway within the former Southern Pacific right-of- way with Treat/Jones intersection; H. The elimination of the left turn from southbound North Main to the I-680 southbound on-ramp at Sunnyvale Avenue; I. Relocation or modification of the state of California Weight station; . J. Pedestrian overcrossing on Treat Boulevard; K. Modify Treat/Oak to include new right turn lane from northbound Oak to eastbound Treat; L. Widen eastbound Geary to include new right turn lane onto North Main; M. Widen North Main at Sunnyvale to accommodate two left turn lanes onto I-680 ramps; a through right turn from North Main to I-680 ramps; and N. Jones"Road restriping at Treat Boulevard.. A-1 II. Drainage Project Drainage Area 44B improvements as shown on_Amended Boundary Map and Drainage Plan dated June 19, 1987. A. Line C improvements including installation of. 1. '72" concrete pipe from station 25 + 00 to station 30 + 00; 2. 72" concrete pipe from Station 31 + 00 to station 35 + 50; and 3. 60" concrete pipe from station.35 + 50 to Station 47 +40. B. Line E improvements including installation of a 60" concrete pipe from station 0+00 to Station 6+80: C. Line F improvements including installation of a 48" (concrete pipe from Station 0 +00 to Station 3 +60; and D. Line G improvements including installation of a 48" concrete pipe from Station 0+00 to Station 7 +00. III. County of Contra Costa Capital Projects. Any Contra Costa County Capital Project listed in the 1991 Capital Program for the County. IV. Central Contra Costa Sanitary District Capital Improvements as defined in Capital Improvement Plan for ten years ending June 30, 1991, or in the Capital Improvement Budget, Fiscal Year 1991-92, including: A. Treatment Plant Program 1. Aeration, Basin Expansion 2. Dewatering System Improvements 3. Furnace Emission Controls 4. Headworks Facilities Expansion 5. Outfall Project 6. Plant Operations Department Projects 7. Secondary Clarifier Weir Improvements 8. Secondary Clarifiers Chlorination Expansion 9. Sludge Handling Expansion . 10. Ash Dust Containment 11. ' Combustion Air system Controller 12. Dechlorination Injection Access Bridge 13. Expansion of Plant Parking Area 14. Holding Basin Levee Reconstruction 15. Laboratory Facilities Improvement . 16. Liquid Propane Gas Standby System A-2 17. Multiple Hearth Furnace (MHF) Operation Improvements 18. Multiplexor (MUX) Replacement Study 19. Pave Holding Basin Levee Roads 20. Pavement Refurbishments 21. Plant Security Projects 22. Primary Treatment Expansion 23. Replacement Screenings Grinders 24. Residual Materials Handling Project 25. Sludge Blending Project 26. Sludge: Lime Stabilization 27. Solids Conditioning Building (SCB) Emergency Power 28. Solids Conditioning Building (SCB) Manlift 29. Thicker Roof Rehabilitation 30. Treatment Plan Electrical System Improvements 31. Treatment Plant Landscaping 32. Treatment Plant Master Plan 33. Treatment Plant Master Plan Update 34. Wastewater Reclamation - Urban Irrigation 35. Water Reclamation for Industrial Use - Stage 1 36. Wet Weather Discharge Point Relocation 37. Backwash Trough Rehabilitation Project 38. Chlorine Mixing System 39. Cogeneration . 40. Dechlorination Telemetry 41. Final Effluent Sample Station 42. Flow Through Bio Assay Facility 43. Furnace Optimization Project 44. Plant Data Acquisition Improvements 45. Plant Critical Equipment Analog Backup Control 46. Replace Lime Slaker 47. Sludge Control.Building Drain Improvements 48. Solids Conditioning Building.(SCB) Computer Reliability Improvements 49. Underground Storage Tank Monitoring and Replacement - Treatment Plant B. Collection System Program 1. Contra Costa Boulevard/"A" Line Project 2. CSO Sewer Rehabilitation/Replacement Program 3. I-680/SR-24 Sewer Relocations, Phases I, II, III, and IV 4. M-2/M-4 Force Main Parallel 5. M-3 Sewer Rehabilitation 6. Martinez/Fairview/Maltby Pump Station Upgrade 7. Martinez Renovation 8. - Moraga Pump Station Rehabilitation 9. Orinda Crossroads Pump Station Rehabilitation 10. San Ramon Valley Interceptor Project - Schedule A 11. San Ramon Valley Interceptor Project - Schedule B 12. Trunk Improvement Proqram 13. Walnut Creek Downtown Bypass 14. Watershed 23 Sewer Improvements - Phases I and II 15. Arlene Drive Sewer Improvements 16. Bates Boulevard Pump Station Relocation A-3 17. Brown Avenue Assessment District LID 57 18. Camino Tassajara Trunk Sewer 19. Clyde Pump Station Abandonment 20. Concord Industrial Pump Station Standby Power . 21. Diablo Road Sewer Improvements 22. EBMUD Watershed Pumping Station Early Start Projects 23. Flow Control Structure at Olympic and Newell 24.. Hall Drive Sewer Improvements 25. Lavenida Drive Slope Stabilization 26. Los Arabis Drive Sewer Project 27. Lower Orinda Pump Station Upgrade 28. Martinez Early Start Sewer Improvements 29. Orinda Sewer Improvements Facilities Plan 30. Overhill Drive Sewer Improvements 31. Port Chicago Pump Station Abandonment and Sewer Improvements' 32. Sewer Maintenance Management System (SMMS) Modifications and Improvements 33. Sewer Rehabilitation/Replacement Projects 34. South Broadway Extension Sewer Relocation 35. South Main Sewer Rehabilitation 36. Storm Damage Repair - Three Creek Crossings 37. Underground Storage Tank Monitoring and Replacement 38. Acacia and Flushkleen Pumping Stations,Relocation 39. Bollinger Canyon Facilities Plan 40. Buchanan Field Sewer Relocations 41. Buchanan Field Pump Station #2 Power Transfer 42. Collection System Master Plan Addendum 43. Knox Drive Sewer Replacement 44. Larwin Pump Station Upgrade 45. Manhole Rehabilitation Pilot Project 46. Micro-Tunneling Pilot Project 47. Near Court Sewer Rehabilitation 48. Orinda Crossroads Force Main Cathodic Protection 49. Orinda Crossroads Pump Station Odor Control 50. Pump Station Influent Gas Detection 51. Soares Lane Slope Stabilization 52. Strand Avenue Collection System Improvements, Pleasant Hill V. Contra Costa Water District Improvements A. Project #390023 includes these improvements: Material 2690' -8" Water Main & Structure 7 -6" Fire Hydrant 11 -6" Fire Service 10 -6" Service w/4" Turbo Meter w/RPBPD 1 4" Service w/dual 2" meter w/DCVA 2 -2" Service w/2" meter w/DCVA 1 -1" Service w/1" meter w/DCVA 2 -6" Fire Hydrant relocations 36 -1" Service abandonments A-4 s ' B. Installation of a service line from the main adjacent to the Park Regency project to the property to be served. VL Contra Costa County Fire Protection District Improvements A. Build and Equip Four New Fire Stations 1. Station 7 - Walnut Avenue & Wiget Lane, Walnut Creek 2. Station 18 - Port Chicago Highway & Sun Terrace, Concord 3. Station 21 - Alhambra Avenue & Paso Nogal, Martinez 4. Station 22 - Ygnacio Valley Road & Alberta Way, Concord B. Relocate Five Existing Stations 1. Station 3 - From Whyte Park Avenue & Tice Creek, Walnut Creek to Tice Creek Avenue & Rossmoor Parkway, Walnut Creek. 2. Station 6 - From Willow Pass Road & Grant Street, Concord to Galindo & Clayton Road, Concord. 3. Station 8 - From Clayton Road & Rishell Drive, Concord (site only) to Denkinger Road & Wilson Lane (approximate) Concord. 4. Station 11 - From Clayton Road & Mitchell Canyon Road, Clayton to Center Street & Concord Boulevard, Clayton. 5. Station 12 - From Shell Avenue & Martinez Avenue, Martinez to Pacheco Avenue & Morello Avenue, Martinez. C. Expansion/Remodeling 1. Communication Center - Site and planning 2. Training House - replace 3. Station 5 - add apparatus bay 4. Miscellaneous small storage buildings - add D. Purchase New Trucks to Add to Stations 1. Station 5 - Boyd Road, Pleasant Hill 2. Station 15 -Mt. Diablo Boulevard, Lafayette VII. Mt.Diablo Unified School District Improvements Any Mt. Diablo Unified School District capital project listed in the Facilities Master Plan, January, 1989 for such District. A-5 VIII. Pleasant MR.Park and Recreation District Projects A. Fair Oaks,Elementary School 1. Development of soccer and softball field turf and irrigation; 2. Playground equipment and picnic area; 3. Installation of Bocce ball courts. B. Land Acquisition Park Facility Development C. Community facility that would service area D. Pleasant Hill Adult Center Fields (soccer & softball) Picnic area Gymnasium IX. Child Care Center. Construction of a child care center within or in the vicinity of the District, including all engineering, planning, design and other costs related thereto and any appurtenances related thereto. X. General Any and all acquisition, construction and equipment costs incident to any,of the foregoing, including any planning, environmental review, engineering, financing, design or other related costs and any appurtenances related thereto. OTHER Bond related expenses, including.underwriters discount, reserve fund, capitalized interest, bond counsel and all other incidental expenses. Administrative fees of the County of Contra Costa and the Bond fiscal agent related to the District and the Bonds. A-6 t EXMIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) The Rate and Method of Apportionment of Special Taxes for the District is on file in the office of the Deputy Director - Redevelopment as of the adoption of the Resolution to which this Exhibit pertains. B-1 6 y EX>:IIBIT C NOTICE OF PUBLIC HEARING County of Contra.Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) Notice is hereby given that on April 23, 1991, the Board of Supervisors of the County of Contra Costa adopted a Resolution entitled "A Resolution of 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". Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Supervisors hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has received written petitions (collectively, the "Petitions") from the owners of not less than ten percent (10%) of the area of land proposed to be included within a community facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the."Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311,of the California Government Code, this Board of Supervisors is the legislative body for the proposed District and is empowered with the authority to establish the District; and WHEREAS, this Board of Supervisors now desires to proceed with the establishment of the District. NOW, THEREFORE, IT IS HEREBY ORDERED.as follows: Section 1. This Board of Supervisors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the District is County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Clerk of the Board,.which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Clerk of the Board is hereby directed to record, or cause to be recorded, a map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. Section 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the "Facilities"). C-1 ..Section 5. Except to the extent that funds are.otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. Section 6. It is the intention of this Board of Supervisors acting as the legislative body for the District to cause bonds of the County to be issued for the District pursuant to the Act to finance in whole or in part the acquisition of the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $6,000,000, shall bear interest payable semi-annually or in such other manner as this Board shall determine, at-a rate not to exceed the maximum rate'of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 'years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the County, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. In the event that a portion of the property within the District shall become for any reason exempt, wholly or in part, from the levy of the special tax described in Exhibit B, this Board of Supervisors will, on behalf of the District, increase the levy to the extent necessary upon the remaining property within the District which is not exempt in order to yield the required debt service payments and other annual expenses of the District, if any, subject to any maximum special tax that may be levied. Section 9. The Director of Public Works of the County, as the officer having charge and control of the Facilities in and for the District or his designee, or the Deputy Director - Redevelopment or his designee, is hereby directed to study said proposed Facilities 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 description of the Facilities by type which. will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of acquiring the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. C-2 t Said report shall be made a part of the record of the public hearing provided for below. Section 10. Tuesday, June 4, 1991, at 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special taxes. Section 11. The Clerk of the Board or the Deputy Director - Redevelopment 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 District. 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 12. The County proposes to repay certain landowners within the District, solely from the proceeds of bonds of the County issued for the District, funds advanced by such landowners to pay costs of the County to form the District, all as more particularly described in an Agreement Regarding Advances, between the County and such landowners. B. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, June 4, 1991, at the hour of 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California. C. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities will be heard. Any person interested may file -a protest in _ writing as provided in Section 53323 of the Act. If the owners of one-half or more of the area of land in the territory proposedto be included in the district file written protests against the establishment of the district 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 district for period of one year from the date of said hearing, and if the majority protests of the landowners are only against the furnishing of a type or types of facilities within the district, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. D. The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: . 1991 By: /s/ C-3