HomeMy WebLinkAboutMINUTES - 06041991 - H.3A • 13062-12 JHM:PJT:ak 00"I J9770
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RESOLUTIONNO.. 91/36
A RESOLUTION OF FORMATION OF COUNTY OF CON'T'RA COSTA
COMMUNITY FACILITIES DISTRICT NO. 1991-1 (PLEASANT HILL BART STATION
AREA),AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT,
PRELIMINARILY ESTABLI9E3NG AN APPROPRIATIONS LUM FOR THE
DISTRICT AND SUBmini ATG LEVY OF THE SPECIAL TAX AND THE
ESTABLISHMENT OF THE APPROPRIATIONS LWT TO THE QUAIEFIED
E[�CTORS OF THE DISTRICT
Cocmty of Contra Costa
Community Facilities District No.1991-1
(Pleasant Hill BAITr Station Area)
RESOLVED by the Board of Supervisors of the County of Contra Costa (the
"County") that:
WHEREAS, on April 23, 1991, this Board of Supervisors 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" (the "Resolution of Intention"), stating its intention to form the County of
Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area)
(the "District"), pursuant to the Mello-Roos Community Facilities Act of. 1982, as
amended (the "Act"); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the District and stating the facilities to be financed, the cost of providing
such facilities and the rate and method of apportionment of the special tax to be levied
within the District to pay the principal and interest on bonds proposed to be issued with
respect to the District, is on file with the Clerk of the Board and the provisions thereof are
incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this Board of Supervisors held a noticed public hearing
as required by the Act and the Resolution of Intention relative to the proposed formation
of the District; and
WHEREAS, at said hearing all interested persons desiring to be heard on all
matters pertaining to the formation and extent of the District, the facilities to be provided
therein and the levy of said special tax were heard and a full and fair hearing was held;
and
WHEREAS, at said hearing evidence was presented to this Board of Supervisors on
said matters before it, including a report (the "Report") as to the facilities to be provided
through the District and the costs thereof, a copy of which is on file with the Clerk of the
Board, and this Board of Supervisors at the conclusion of said hearing was fully advised
with respect to the premises; and
WHEREAS, written protests with respect to the formation of the District, the
furnishing of specified types of facilities and the rate and method of apportionment of the
special taxes have not been filed with the Clerk of the Board by fifty percent (50%)or more
of the registered voters residing within the territory of the District or property owners of
o
one-half (1/2) or more of the area of land within the District and not exempt from the
special tax;.and
WHEREAS, the special tax proposed to be levied in the District to pay for the
proposed facilities to be provided therein, as set forth in Exhibit B hereto, has not been
eliminated by protest by fifty percent (5017o) or more of the registered voters residing
within the territory of the District or the owners of one-half(1/2) or more of the area of
land within the District and not exempt from the special tax.
NOW,THEREFORE,IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the District has not been precluded
by majority protest pursuant to Section 53324 of the Act.
3. All prior proceedings taken by this Board of Supervisors in connection with the
establishment of the District and the levy of the special tax have been duly considered and
are hereby found and determined to be valid and in conformity with the Act.
4. The community facilities district designated "County of Contra Costa
Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area)" is hereby
established pursuant to the Act.
5. The boundaries of the District, as set forth in the map of the District heretofore
recorded in the Contra Costa County Recorder's Office in Book 44 at Page 41 of Maps of
Assessment and Community Facilities Districts, are hereby approved, are incorporated
herein by reference and shall be the boundaries of the District.
6. 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 attached hereto and
by this reference incorporated herein (the "Facilities").
7. 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 finance the Facilities, a special tax sufficient to pay the costs thereof, secured by
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 or in such other manner as this Board of Supervisors may direct.
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 probable maximum amount such owner will have to
pay, are described in Exhibit B attached hereto and by this reference incorporated herein.
8. It is hereby found and determined -that the Facilities are necessary to meet
increased demands placed upon local agencies as the result of development occurring in
the District.
9. The Auditor-Controller of the County of Contra Costa, 625 Court Street,
Martinez, California 94553, telephone number (415) 646-2236, is the officer of the County
which will be responsible for preparing annually a current roll of special tax levy
obligations by assessor's parcel number and which will be responsible for estimating
future special tax levies pursuant to Section 53340.2 of the Act.
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10. Upon recordation of a notice of special tax lien pursuant to Section 3114.6 of the
California Streets and Highways.Code, 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 special tax obligation is prepaid and.permanently satisfied
and the lien canceled in accordance with law or until collection of the tax by the County
ceases.
11. In accordance with Section 53325.7 of the Act, the annual appropriations limit,
as defined by subdivision (h)of Section 8 of Article XIII B of the California Constitution, of
the District is hereby preliminarily established at$1,000,000 and said appropriations limit
shall be submitted to the voters of the District as hereafter provided. The proposition
establishing said annual appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable
provisions of Section 53325.7 of the Act.
12. Pursuant to the provisions of the Act, the proposition of the levy of the special
tax and the proposition of the establishment of the appropriations limit specified above
shall be submitted to the qualified electors of the District at an election, the time, place
and conditions of which shall be as specified by a separate resolution of this Board of
Supervisors.
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 4th day of June, 1991,by the following vote of the Board:
AYES: Supervisors: Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ATTEST: June 4, '1991
Phil Batchelor, Clerk of the. Board of
Supervisors and County Administrator
epu
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F�TT A
DESCRIPTION OF FACUM' ES TO BE FINANCED BY THE DISTRICT
County of Contra Costa
Community Facilities District No.1991-1
(Pleasant HRl 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-680II neat 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 accomm(,date 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
2L 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
3L 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
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17. Brown Avenue Assessment District LID 57
18. Camino Tassajara Trunk Sewer
19. Clyde Pump Station Abandonment
20. Concord Industrial Pump Station Standby Power
2L 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
3L 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 Improven vents
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
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, Pieasant 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
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VIII. Pleasant Hill 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.
OTHM
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
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 1991-1
(PLEASANT HILL BART STATION AREA)
A special tax applicable to each Parcel in the County of Contra Costa Community
Facilities District No.' 1991-1 (Pleasant Hill BART Station Area) (herein "CFD No.
1991-1") shall be levied and collected according to the tax liability determined by the
Responsible Party pursuant to the direction of the Board of Supervisors(the'Board")
of the County of Contra Costa, acting as the legislative body of CFD No. 1991-1,
through the application of the appropriate amount or rate for "Developed Property"
or"Undeveloped Property", as described below. All of the real property in CFD No.
1991-1, unless exempted by law or by the provisions of Section G below, shall be _
taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Administrative Expenses" means the.actual or estimated costs incurred by the CFD
to determine, levy and collect the special taxes, including salaries of employees and
the fees of consultants, corporate bond-paying agents, fiscal agents, and bond
trustees; the costs of collection, upon the general tax rolls, of the special. taxes;
preparation of required reports; and any other costs required to administer the CFD.
"APN" means an assessor's parcel number designated on the Fiscal Year 1991-92
Contra Costa County assessor's parcel map.
"Assigned Special Tax" means that special tax applicable to Developed Property as
indicated in Table 1, Table 2, Table 3, Table 4 or Table 5, as applicable, of Section
C of this document.
"Attached Residential Property" means'a residential structure consisting of two or
more residential units 'that share common walls, or a unit meeting the statutory
definition of a condominium contained in California Civil Code Section 1351.
'Backup Special Tax" means an amount equal to $1.14 per square foot of land area
of any Parcel in Zone 1, an amount equal to $0.18 per square foot of land area of
any Parcel in Zone 2, an amount equal to $0.14 per square foot of land area of any
Parcel in Zone 3, and an amount equal to $0.00 per square foot of land area of any
Parcel in Zone 4.
"Bonds" means any bonds issued by the County of Contra Costa on behalf of CFD
No. 1991-1.
B1
"Delinquency Tax Requirement" means the amount necessary to cure any
delinquencies in the payment of principal or interest on the Bonds which have
occurred in the prior Fiscal Year or (based on delinquencies in the payment of
special taxes which have already taken place) are expected to occur in the Fiscal
Year in which the tax will be collected, and to replenish the reserve fund for such
Bonds to the reserve requirement (including, with respect to the replenishment,
charges against the reserve fund for such Bonds which are expected in the future
because of delinquencies in the payment of special taxes which have already taken
place).
"Detached Residential Property" means a structure consisting of only one residential
unit.
"Developed Property"means Parcels in Zones 1 through 4 for which a building permit
has been issued on or prior to March 1 of the preceding Fiscal Year, and all Parcels
in Zone 5.
"Fiscal Year" means the period starting on July 1'and ending the following June 30.
"Improved Building Space" means the greater of(1) gross building area as shown on
building permits issued for any property, or, if necessary, (2) gross building area as
measured or determined by an engineer approved by the Board.
"Maximum Special Tax" means the maximum special tax, determined in accordance
with Sections C and D, that can be levied within CFD No. 1991-1 in any Fiscal Year
pursuant to this Rate and Method of Apportionment of Special Taxes for each class
of Developed Property and for Undeveloped Property, as applicable.
"Parcel" means a parcel of property as recorded by the Contra Costa County
Recorder or as shown and numbered on the applicable Contra Costa County
assessor's parcel map(s) for each property within the boundaries of CFD No. 1991-1.
"Responsible Party" shall be the person designated by the Board to administer the
special tax according to this Rate and Method of Apportionment of Special Tax.
"Special Tax Requirement"means that amount of revenue necessary in the applicable
Fiscal Year, as determined by the Responsible Party, to pay debt service on the
Bonds in the calendar year which begins in such Fiscal Year, and to pay
Administrative Expenses.
"Taxable Property" is all of the area within the boundaries of CFD No. 1991-1 which
is not exempt from the special tax pursuant to law or Section G below.
B- 2
"Total Zone Tax" means the amount of tax responsibility applicable to each zone
after assignment of that zone's Special Tax Requirement and Delinquency Tax
Requirement as determined pursuant to Section E below.
"Undeveloped Property"means all Taxable Property in CFD No. 1991-1 not classified
as Developed Property.
"Zone 1"means Parcels designated by the following APNs: 148-202-062, 148-202-063,
148-202-064, 148-202-065, 148-202-066, and any Parcel subsequently formed by the
subdivision of these Parcels.
"Zone 2"means Parcels designated by the following APNs: 148-250-084, 148-250-0851
and any Parcel subsequently formed by.the subdivision of these Parcels.
"Zone 3" means the Parcel designated by APN 172-011-022, and any Parcel
subsequently formed by the subdivision of this Parcel.
"Zone 4" means Parcels designated by the following APNs: 148-480-003, 148-480-0049
148-480-005, and any Parcel subsequently formed by the subdivision of these Parcels.
"Zone 5" means the Parcel designated by APN 148-202-060, and any Parcel
subsequently formed by the subdivision of this Parcel.
B. ASSIGNMENT TO LAND USE CLASS
On or about July 1 of each year, all Taxable Property within CFD No. 1991-1 shall
be categorized either as a Developed Property or an Undeveloped Property and shall
be subject to the Maximum Special Tax in accordance with the rate and method of
apportionment described in Sections C, D, E and F below.
For purposes of determining the applicable Maximum Special Tax pursuant to
Section C, Developed Property in Zone 1 shall be assigned to one of the land use
classes designated in Table 1, Developed Property in Zone 2 shall be assigned to one
of the land use classes designated in Table 2, Developed Property in Zone 3 shall be
assigned to one of the land use classes designated in Table 3, Developed Property in
Zone 4 shall be assigned to one of the land use classes in Table 4 and Parcels in
Zone 5 shall be taxed according to Table 5 below.
APNs identified for each zone are identified on the Fiscal Year 1991-92 Contra Costa
County assessor's parcel map. If any of the APNs identified become invalid in future
Fiscal Years, or if the Parcels are subdivided and/or combined to form new APNs,
the special taxes identified in Tables 1 through 5 shall continue to apply to all land
uses within CFD No. 1991,,-1 based on the Fiscal Year 1991-92 APN that would have
' J
B-3
applied to that area. The Responsible Party shall be required to maintain an annual
record of APNs that will clearly identify the Fiscal Year 1991-92 APNs and all future
activity related to those APNs, including a history of successor Parcels.
For purposes of Sections C and D, the acreage or square footage of land area for a
Parcel shall be determined by reference to the most current recorded Contra Costa
County parcel map or, if necessary, the acreage or square footage shall be
determined by an engineer designated by the Responsible Party. Notwithstanding
Section G, below, for purposes of the Backup Special Tax, the acreage or square
footage of land area applicable to Attached Residential Property shall be computed
from the underlying Parcel or lot as indicated on the most recent recorded Parcel
map or final recorded subdivision tract map. Each Attached Residential unit shall
be assigned an equal proportion of the area of the underlying Parcel or lot.
Notwithstanding the above, for Attached Residential Property, a portion of the
acreage in a Parcel shall be taxed as Undeveloped Property if building permits for
all of the units in the approved site plan for that Parcel were not issued as of March
1 of the Fiscal Year prior to the Fiscal Year for which the special taxes are being
levied. The acreage in a Parcel to be taxed as Undeveloped Property shall equal the
proportion of the associated site plan's approved units for which building permits had
not been issued by the previous March 1, multiplied by the total acreage within that.
Parcel.
In making the computations set forth in Sections C and D, and in determining the
Maximum Special Tax for Developed Property and Undeveloped Property within
CFD No. 1991-1, on July 1, 1992 and on each July 1 thereafter, the Assigned Special
Tax and the Backup Special Tax for each land use class set forth in Tables 1 through
5 shall be increased for each Fiscal Year to an amount equal to 102% of the amount
in effect for the previous Fiscal Year.
C. bLAXIMUM SPECIAL TAX RATE: DEVELOPED PROPERTY
The Maximum Special Tax for a Parcel located within Zone 1, Zone 2, Zone
3 or Zone 4, and classified as Developed Property, shall be the greater of(i)
the amount derived by multiplying the square footage of land area within a
Parcel tunes the Backup Special Tax or (ii) the Assigned Special Tax. The
Maximum Special Tax for a Parcel located within Zone 5 shall be the
Assigned Special Tax in Table 5 below.
B-4
TABLE 1
Special Taxes for Developed Property
in Zone 1 of CFD No. 1991-1
Fiscal Year 1991-92 Fiscal Year 1991-92
Assigned Special Tax Backup Special Tax"
Class Land Use Zone 1 Zone 1
1 Residential $ 500 per unit * $ 1.14 per square
foot of land area
within the Parcel
2 Commercial/Industrial $ 49,659 per acre * N/A
* Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of
the amount-in the prior Fiscal Year.
** The Backup Special Tax (for Developed Property) will be applied under the third step
of Section F (below) to the following:
1. Detached Residential Property-in Class 1.
2. Attached Residential Property in Class 1 for which densities are less than 99.31 units per
acre.
B- 5
TABLE 2
Special Taxes for Developed Property
in Zone 2 of CFD No. 1991-1
Fiscal Year 1991_-92 Fiscal Year 1991-92
Assigned Special Tax Backup Special Tax**
Class Land Use Zone 2 Zone 2
1 Residential $7,841 per acre * N/A
2 Commercial/Industrial $0.090 per square foot of $0.18 per square foot
Improved Building Space of land area within
or $6,704 per acre, the Parcel
whichever is greater
* Such amounts to increase each subsequent Fiscal Year to an amount equal to
102% of the amount in the prior Fiscal Year.
** The Backup Special Tax (for Developed Property) will be applied under the third step
of Section F (below) to all Parcels in Class 2.
B-6
TABLE 3
Special Taxes for Developed Property
in Zone 3 of CFD No. 1991-1
Fiscal Year 1991-92 Fiscal Year 1991-92
Assigned Special Tax Backup Special Tax**
Class Land Use Zone 3 Zone 3
1 Residential $6,099 per acre * N/A
2 Comrriercial/Industrial $0.073 per square foot of $0.14 per square foot
Improved Building Space of land area within
or $5,083 per acre, the Parcel
whichever is greater
* Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of
the amount in the prior Fiscal Year.
** The Backup Special Tax (for Developed.Property) will be applied under the third step
of Section F (below) to all Parcels iri Class 2.
B-7
TABLE 4
Special Taxes for Developed Property
in Zone 4 of CFD No. 1991-1
Fiscal Year 1991-92 Fiscal Year 1991-92
Assigned Special Tax Backup Special Tax**
Class Land Use Zone 4 Zone 4
1 Residential $0,000 per acre * N/A
2 Commercial/Industrial $0.000 per square foot of $0.00 per square foot
Improved Building Space of land area within
or $0,000 per acre, the Parcel
whichever is greater
* Such amounts to increase each subsequent Fiscal Year to an amount equal to 102%. of
the amount in the prior Fiscal Year.
** The Backup Special Tax (for Developed Property) will be applied under the third step
of Section F (below) to all Parcels in Class 2.
B- 8
TABLE 5
Special Taxes for
Zone 5 of CFD No. 1991-1
Contra Costa County Fiscal Year 1991-92
Assessor's Parcel Special Tax
Number Zone 5
148-202-060 ** $ 24,850*
* Such amounts to increase each subsequent Fiscal Year to an amount equal to
102% of the amount in the prior Fiscal Year.
** In the event of future subdivision of APN 148-202-060, the Assigned Special Tax
shall be distributed among the newly created Parcels on an acreage basis by dividing the
Assigned Special Tax in that Fiscal Year by the number of acres in the original APN 148-
202-060 and assigning the tax to a successor Parcel based on the acreage in that successor
Parcel that was previously in APN 148-202-060.
D. SPECIAL TAX RATES: UNDEVELOPED PROPERTY
In addition to the Assigned Special Taxes reflected in Tables 1 through 4,
property in Zones 1 through 4 . may be subject to a special tax on
Undeveloped Property if required pursuant to the Step Two of Section F
below. The Maximum Special Tax for Undeveloped Property shall be $49,659
per acre for Parcels located in Zone 1, $7,841 per acre for Parcels located in
Zone 2, $6,099 per acre for Parcels located in Zone 3 and $0,OOO.per acre for
Parcels located in Zone 4.
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E. DETERMINATION OF ANNUAL AGGREGATE LEW'MTHIN EACH
ZONE
The Special Taxes to be levied annually within Zone 1, Zone 2, Zone 3, Zone 4 and
Zone 5 shall be calculated by:
1. Determining the Special Tax Requirement for the next Fiscal Year;
2. Assigning responsibility for the Special Tax Requirement in the following
proportions: 87.80% to Zone 1, 3.61% to Zone 2, 3.62% to Zone 3, 0.00% to Zone
4 and 4.97% to Zone 5;
3. Determining the Delinquency Tax Requirement attributable to special tax
delinquencies in Zone 1 and adding that amount to the 87.80% of the Special Tax
Requirement to calculate the Total Zone Tax for Zone 1;
4. Determining the Delinquency Tax Requirement attributable to special tax
delinquencies in Zone 2 and adding that amount to the 3.61% of the Special Tax
Requirement to calculate the Total Zone Tax for Zone 2;
5. Determining the Delinquency Tax Requirement attributable to special tax
delinquencies in Zone 3 and adding that amount to the 3.62% of the Special Tax
Requirement to calculate the Total Zone Tax for Zone 3.
6. Determining the Delinquency Tax Requirement attributable to special tax
delinquencies in Zone 4 and adding that amount to the 0.00% of the Special Tax •
Requirement to calculate the Total Zone Tax for Zone 4;
7. Determining the Delinquency Tax Requirement attributable to special tax
delinquencies in Zone 5 and adding that amount to the 4.97% of the Special Tax
Requirement to calculate the Total Zone Tax for Zone 5.
F. METHOD OF APPORTIONMENT TO PARCELS
The special tax assigned to each zone shall be the sole responsibility of the properties
within that zone. In no event shall any zone be required to provide any special tax
revenues to fulfill the Special Tax Requirement of any other zone. The annual
special taxes for each zone determined in Section E above shall be apportioned
among the Parcels within each zone as provided below:
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I. Zones 1 through 4
The steps below shallbe applied annually to satisfy the Total Zone Tax which has
been assigned to each zone under Section E above:
Step One: The special tax shall be levied proportionately on each Parcel classified as
Developed Property, exclusive of property exempt from special taxes pursuant.to
Section G, below, up to 100% of the Assigned Special Tax for each class of
Developed Property for such Fiscal Year, determined by reference to Table 1, Table
2, Table 3 or Table 4 in Section C, as applicable for each zone;
Step Two: If additional monies are needed after the first step has been completed,
the special tax shall be levied proportionately on each Parcel of Undeveloped
Property, exclusive of property exempt from special taxes pursuant to Section G,
below, up to 100% of the Maximum Special Tax for Undeveloped Property for such
Fiscal Year determined by reference to Section D;
Step Three: If additional monies are needed after the first two steps have been
completed, then the levy of the special tax on each Parcel for which the Backup
Special Tax is authorized, shall be increased up to the Maximum Special Tax for each
such Parcel by increasing the applicable special tax levy for each Parcel for such
Fiscal Year determined by Section C in equal percentages above the special taxes
levied pursuant to Step One above up to the applicable Maximum Special Tax for
such Parcel.
H. Zone 5
A special tax shall be levied annually -on Parcel number 148-202-060 (or Parcels
created from the subsequent subdivision of said Parcel) to satisfy the Total Zone Tax
assigned to Zone 5 under Section E above, upIto 100% of the Assigned Special Tax
for Zone 5, determined by reference to Table 5 in Section C, above.
G. LIMITATIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of
the Special Tax, no special taxes shall be levied on land conveyed or irrevocably
offered for dedication to a public agency, except as otherwise provided in Sections
53317.3 and 53317.5 of the Mello-Roos.Community Facilities Act of 1982. In no
event shall a special tax be levied on land which is a public right of way or which is
an unmanned utility property 'or a property encumbered with public or utility
easements making impractical its utilization for other than the purpose set forth in
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the easement. No special tax shall be levied on any Parcel in any Fiscal Year which
is in excess of the Maximum Special Tax for such Parcel for such Fiscal Year.
H. MANNER OF COLLECTION
The special taxes for CFD No. 1991-1 will be collected in the same manner and at
the same time as ordinary ad valorem property taxes, provided, however, that CFD
No. 1991-1 may collect special taxes at a different time or in a different manner if
necessary to meet its financial obligations.
MAY 31,1991\comrma4
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