HomeMy WebLinkAbout033-98RESOLUTION NO. 33-98
ESTABLISHING DANVILLE COMMUNITY FACILITIES DISTRICT
NO. 97-1 FOR THE PROVISION OF POLICE SERVICES (CALIFORNIA MEADOWS)
WHEREAS, Kaufman & Broad ofNorthem Califomia, Inc. ("Kaufman & Broad") has received
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
agree to the creation of a funding mechanism 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 California 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
in order to comply with the County conditions of approval; 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 CommuniW 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; and
WHEREAS, on December 16, 1997, the Town Council adopted Resolution No. 185-97 declaring
the intent to establish the district; and
WHEREAS, notice of this public hearing has been provided in all respects as required by law; and
WHEREAS, the City Clerk has caused the district boundary map to be recorded with the Contra
Costa County Recorder as required by Streets and Highways Code Sections 3110 and 3111; and
WHEREAS, the Town Council conducted a public heating on the proposed formation of the district
and has considered all oral and written testimony and all written documentation, including the
Town's goals in using a Community Facilities District pursuant to Government Code Section
53312.7 and the report prepared by the Town Manager and Chief of Police pursuant to Government
Code Section 53321.5; 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 as described on the map attached hereto as Exhibit 1 and incorporated into this resolution.
2. The proposed district, which shall be titled Danville Community Facilities District No.
97-1, 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.
3. In order to pay for 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, 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.
4. Pursuant to Streets and Highways Code Section 3111 and 3113, the City Clerk has filed
a map describing the proposed district boundaries with the Contra Costa County Recorder.
The map is recorded at Book 62, Page 1 of the Book of Maps of Assessments and
Community Facilities Districts in the County Recorder's office in Martinez.
5. The proposed special tax has not been precluded by a majority protest as defined in
Government Code Section 53324.
6. The Town's Finance Department will be responsible for annually preparing the roll of
special tax levy obligations by assessor's parcel number and estimating future special tax
levies in a manner consistent with the methodology approved by the Town Council. The
Finance Department may be contacted at 510 La Gonda Way or at (510) 820-6337.
7. Upon recordation of a notice of special tax lien pursuant to Streets and Highways Code
Section 3114.5, a continuing lien to secure each levy of the special tax shall attach to all
nonexempt real property in the district and this lien shall continue in force and effect until
the lien is canceled in accordance with law or until collection of the tax by the Town Council
ceases.
PAGE 2 OF RESOLUTION NO. 33-98
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.
9. The Town Council finds that all proceedings for the formation of Danville Community
Facilities District No. 97-1 are valid and in conformance with the requirements of the Mello-
Roos Community Facilities Act of 1982, Government Code Section 53311 et seq.
APPROVED by the Danville Town Council at a regular meeting held on February 17, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 33-98