HomeMy WebLinkAbout185-97RESOLUTION NO. 185-97
DECLARING INTENT TO ESTABLISH DANVILLE COMMUNITY
FACILITIES DISTRICT NO. 97-1 FOR THE PROVISION OF
POLICE SERVICES (CALIFORNIA MEADOWS)
WHEREAS, Kaufman & Broad of Northern California, Inc. ("Kaufman & Broad") has received
land use approvals from Contra Costa County allowing the development of a 192-unit residential
subdivision commonly known as "California Meadows"; and
WHEREAS, as a condition of approval imposed by the County, Kaufman & Broad is required to
place the subdivision in a county service area or other special district to fund the extension of police
services to the subdivision; and
WHEREAS, on August 5, 1997, the Town of Danville ("Town") and Kaufman & Broad entered
into a Preannexation and Processing Agreement (the "Agreement") establishing the conditions upon
which The Meadows would be annexed into the Town; and
WHEREAS, one of the conditions of the Agreement is that Kaufman & Broad agreed to the creation
of a funding mechanism to fund the extension of police services by the Town to the new subdivision;
and
WHEREAS, the Town and Kaufman & Broad have determined that the most appropriate way of
fulfilling this condition is the creation of a Community Facilities District pursuant to the provisions
of the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.); and
WHEREAS, the Town has received a petition from Kaufman & Broad requesting the institution of
proceedings for the formation of the district; now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. The Town proposes to establish a community facilities district pursuant to the authority
of the Mello-Roos Community Facilities Act of 1982, the boundaries of which district shall
be conterminous with those of Subdivision 8000.
2. The name of the proposed district shall be the Danville Community Facilities District No.
97-1.
3. The proposed district shall be used solely for the purpose of funding the extension of
police services to the area encompassed within the district, an area which currently receives
no police services from the Town of Danville. The district may not be used to fund the
provision of any other municipal services or to fund the construction of any public facilities.
4. In order to fund the extension of police services, the district shall annually levy a special
tax against all non-exempt real property within the district. The annual levy for the first year
shall be in the amount of $450 and may be increased every year in an amount equal to the
percentage increase in the consumer price index for the San Francisco Metropolitan Area for
the twelve month period immediately preceding the annual setting of the special tax rate, up
to a maximum of three percent (3%) per year. The annual levy, including this cost of living
adjustment, shall never exceed $600 per year. Because all of the parcels within the district
are single family residences which will receive the same level of police services, the special
tax is apportioned equally among all parcels within the district. The special tax will be
collected annually by the Contra Costa County tax collector as part of the secured property
tax roll and will be secured by the recordation of a continuing lien against all parcels within
the district pursuant to Streets and Highways Code Section 3114.5. Because the special tax
is used to pay for the ongoing provision of police services and not public facilities, there will
be no ability to prepay future taxes.
5. Pursuant to Streets and Highways Code Section 3110 and 3111, the City Clerk is directed
to file the map describing the proposed district boundaries with the Contra Costa County
Recorder within 15 days after adoption of this resolution.
6. Pursuant to Government Code Section 53321.5, the Town Manager and Chief of Police
are directed to prepare a report describing the police services required to adequately meet the
needs of the district and the estimated costs of providing those services. This report shall be
presented to the Town Council at the time of the public hearing on the proposed district.
7. The Town Council will hold a public hearing regarding the establishment of the district
on January 20, 1998.
8. Because there are fewer than 12 registered voters living within the proposed district, the
vote on the special tax will be conducted by providing the property owner(s) with a ballot,
which shall be returned to the City Clerk once completed.
APPROVED by the Danville Town Council at a regular meeting held on December 16, 1997, by
the following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle,
Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CLERK
PAGE 2 OF RESOLUTION NO. 185-97