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HomeMy WebLinkAboutMINUTES - 04012008 - C.40 5r ` TO: BOARD OF SUPERVISORS �``��� ``� . Contra FROM: JOHN CULLEN, 0. Costa •. x County Administrator �;•; ~' County CU4 COUN"� GP DATE: April 1, 2008 SUBJECT: Support Position on AB 2168 (Jones)— Farm stands: direct marketing: retail food SPECIFIC REQUEST(S)OR RECOMMENDATION(S)R BACKGROUND AND JUSTIFICATION RECOMMENDATION SUPPORT Assembly Bill 2168 (Jones), legislation that would authorize the adoption of regulations to encourage the direct sale by farmers to the public, establish farm stands as a form of direct marketing outlet and require farm stands to meet specified requirements, as recommended by the Agricultual Commissioner, the Health Services Department Director and the Community Development Department Director. FISCAL IMPACT: Unknown. The proposed legislation would expand the marketing potential of farm stands, which could potentially grow that sector of the economy. BACKGROUND: It has been a longstanding goal of Contra Costa County to encourage and enhance agriculture within Contra Costa and to maintain and promote a healthy and competitive agricultural economy within the County. Some areas of the State are trying to protect local agricultural lands through zoning, growth controls and restrictive easements. However, these protective measures do nothing to keep local small-producer agriculture economically viable. Due to the economics, protective measures often only result in small parcels of agricultural land being left fallow or turned into estate-sized home sites and horse properties, diminishing rather than improving the agricultural value of the land. Approximately five years ago the Contra Costa County Board of Supervisors established an Agricultural Advisory Task Force to research and provide advice on ways to help the farmers and ranchers in Contra Costa County, who mostly operate comparatively small-scale operations and must compete and survive in a rapidly changing agricultural economy. It was found that across the United States, small-scale farmers have been able to survive and thrive by capturing a greater share of each food dollar spent by consumers by marketing directly to the consumer and by establishing "value- added" agricultural enterprises on their property. CONTINUED ON ATTACHMENT: a YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO Ml TEE APPROVE- OTFIER r SIGNATURE(S): �t►�� ACTION OP BOAYON aW N (,i(,(y 8 APPROVED AS RECOMMENDED �� OT/ER VOT17 OF SUPERVISORS I I117REBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. V UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: Contact: L.Del-ancy 5-1097 1 Cc: L.UeLaney,CAO's Office ATTESTED C.Christian,via CAO's Office JOHN CULLEN,CLERK OF THE BOARD OFSUPE•RVISORS Dr.William Walker,Health Services Department Ed Meyer,Agricultural Commissioner Vince Guise,Ag.Department BY: � DEPUTY AB 2168—Farm Stands, p.2 April 1, 2008 As a result of that study, in June of 2007 the Contra Costa County Board of Supervisors supported and approved amendments to both its General Plan and Zoning Ordinance to accommodate a variety of changes, including the ability of farmers and ranchers to directly market their products and sell their products in a processed or pre-packaged form. These changes are supported in Section 47000 of the Food and Agricultural Code, where the Legislature recognizes that direct marketing of agricultural products benefits the agricultural community and the consumer. These changes were also supported by University studies which indicate that small growers should try to keep more of their production dollar by including value-added products in their marketing plan. Unfortunately, the current California Retail Food Code contains restrictions that classify any roadside stand that offers value-added products as a "Food Facility." This classification requires a wide variety of facility improvements including permanent toilet facilities, wash facilities serviced by a public water system and other structural improvements. Most of these small growers are not proximate to public water or sewer systems, and Contra Costa will not permit the extension of potential growth inducing urban services into protected agriculturally zoned areas. As a result, a grower interested in selling value-added products is forced to install septic, leach fields and wells into their crop production areas. For small growers the cost of these improvements, if they are even feasible, is prohibitive. In addition, a small grower, such as a cherry orchard that offers simple "U-pick" facilities are further hindered in their marketing by not even being able to .offer sealed bottled water or soda to the pickers in our east county where temperatures could be over 100 degrees. Offering value-added products containing agricultural commodities grown by the producer on premises operated by the producer would not add a public health risk if those products are prepared and packaged at an appropriate facility that is licensed and inspected by State or County Health and as long as those products were limited to those that were not classified as potentially hazardous food by the California Retail Food :Code. Likewise the addition of commercially packaged water and soft drinks does not present a public health risk. .Therefore, AB 2168 would authorize the adoption of regulations to encourage the direct sale by farmers to the public and further support Section 47000 of the Food and Agricultural Code. This bill would establish farm stands, as defined and subject to certain specified requirements, as another form of direct marketing outlet. The Board of Supervisors. _ Contra Mo 14 /o� Costa John Cullen County Administration Building Clerk of the Board 651 Pine Street,Room14)6 and Martinez,California 94553 County County Administrator _7 (925)335-1900 John Gioia, 1 s`District Gayle B.Uilkema,.2nd'District N = , Mary .Piepho,3rdbistrict f Susan A.Bonilla,4"District Federal D.Glover,a District April 8, 2008 Assembly Member Nicole Parra, Chair Assembly Committee on Agriculture State Capitol P.O. Box 942849 Sacramento, CA 94249-0089 SENT BY FAX: (916) 319-2184 RE: AB 2168 (Jones)– SUPPORT—Hearing Date: April 16, 2008 Dear Assembly Member Parra and Committee Members: On behalf of the Contra Costa County Board of Supervisors, who unanimously support AB 2168 (Jones), I write to request your support of the bill. Small farmers are having an increasingly difficult time remaining viable. Direct marketing is one of the most important marketing options for small farmers, allowing them a higher return for their product. Processing excess produce into jams, dried fruits, and other products which can be sold after the harvest season is another important strategy to help small farmers extend their marketing season and remain viable. Current regulation allows farmers to sell their raw agricultural products directly to consumers at their roadside farm stands. However, the sale of any processed products requires these stands to meet the more stringent building requirements of a full-blown "retail food facility". This includes access to a public water and sewer system which is not typically available in rural areas. It also requires mop sinks, special flooring and coving, and other building upgrades that would be prohibitively expensive for these small operations and not needed for a facility selling only pre-packaged products. AB 2168 would allow farmers to sell their processed farm products at their existing farm stands with an appropriate level of food safety oversight. Only non hazardous, prepackaged foods which were prepared in a certified food facility would be allowed. This would include prepackaged water and soft drinks as well as processed farm products such as juice, jam, jelly, salsa, salad dressing, olive oil, pickles, nuts, dried 1 fruit, canned fruits and vegetables, etc. All products would need to be stored in a vector proof area when the stand is closed and no food preparation or sampling would be allowed unless permitted by local authorities. This bill protects both" public health and small farmers, supports a healthy rural economy, and provides consumers increased access to locally produced farm products. The Contra Costa Board of Supervisors respectfully requests you support AB 2168. Cordially, F DERAL D. GLOVER Chair, Board of Supervisors cc: Members,Assembly Committee on Agriculture Assembly Member Dave Jones Assembly Member Mark DeSaulnier Assembly Member Loni Hancock Assembly Member Guy Houston Senator Tom Torlakson Members, Contra Costa Board of Supervisors 2 CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION ASSEMBLY BILL No. 2168 Introduced by Assembly Member Jones February 20, 2008 An act to amend Section 47001 of,and to add Article 5 (commencing with Section 47050) to Chapter 10.5 of Division 17 of, the Food and Agricultural Code, and to amend Section 113789 of, to add Section 113778.2 to, and to add Chapter 12.5 (commencing with Section 114375) to Part 7 of Division 104 of, the Health and Safety Code, relating to farm stands. LEGISLATIVE COUNSEL'S DIGEST AB 2168,as introduced,Jones. Farm stands: direct marketing: retail food. Existing law authorizes the Secretary of Food and Agriculture to adopt regulations to encourage the direct sale by farmers to consumers of all types of California agricultural products. This bill would, instead, authorize the adoption of those regulations to encourage the direct sale by farmers to the public and would provide that "the public" includes individual and entity members of the public buying for resale purposes. Existing law provides for the direct marketing of agricultural products, including through certified farmers'markets. This bill would establish farm stands,as defined and subject to certain specified requirements, as another form of direct marketing outlet. Existing law provides that any violation of these provisions is a misdemeanor. Because this bill would create a new crime, the bill would impose a state-mandated local program. 99 AB 2168 —2— Existing 2—Existing law, the California Retail Food Code (CRFC), provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Public Health. Existing law defines "food facility" for these purposes.A violation of any provision of the CRFC is a misdemeanor. This bill would include farm stands, as defined, for purposes of permitting and enforcement, within the definition of"food facility." The bill would require farm stands to meet specified requirements. By creating new crimes, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION ]. Section 47001 of the Food and Agricultural Code 2 is amended to read: 3 47001. (a) The secretary may adopt regulations to encourage 4 the direct sale by farmers to-eensers the public of all types of 5 California agricultural products.Forpuipose.s of this chapter, "the 6 public"includes individual and entity members of the public buying 7 ,for resale purposes. 8 (b) These regulations may include provisions to ensure and 9 maintain quality and wholesomeness of the products. 10 SCC. 2. Article 5 (commencing with Section 47050) is added 11 to Chapter 10.5 of Division 17 of the Food and Agricultural Code, 12 to read: 13 14 Article 5. Other Direct Marketing Outlets and .Distributions 15 16 47050. Farm stands are premises, established in accordance 17 . with local ordinances and land use codes, operated by a producer, 18 selling or offering for sale only whole produce grown by the 19 producer, or shell eggs, or both, those sales being conducted on 20 premises controlled by the producer and that,in addition,may also 99 -3— AB 2168 1 engage in the sales of bottled water, containers of soft drinks, and 2 prepackaged processed agricultural products that meet the 3 restrictions and conditions set forth in paragraph(6)of subdivision 4 (c)of Section 113789 of the Health and Safety Code and in Section 5 114375 of the Health and Safety Code. 6 SEC. 3. Section 113778.2 is added to the Health and Safety 7 Code, to read: 8 113778.2. "Farm stand" means premises, established in 9 accordance with local ordinances and land use codes, that are 10 operating within the requirements set forth in paragraph (6) of 1 l subdivision (c) of Section 113789 and that, in addition, may also 12 engage in the sales of bottled water, containers of soft drinks,and 13 prepackaged processed agricultural products not classified as 14 potentially hazardous foods and that have been prepared and 15 packaged in an approved source facility. 16 SEC. 4. Section 113789 of the Health and Safety Code is 17 amended to read: 18 113789. (a) "Food facility- means an operation that stores, 19 prepares, packages, serves, vends, or otherwise provides food for 20 human consumption at the retail level, including, but not limited 21 to, the following: 22 (1) An operation where food is consumed on or off the premises, 23 regardless of whether there is a charge for the food. 24 (2) Any place used in conjunction with the operations described 25 in this subdivision, including, but not limited to, storage facilities 26 for food-related utensils, equipment, and materials. 27 (b) `Food facility'includes permanent and nonpermanent food 28 facilities, including,but not limited to, the following: 29 (1.) Public and private school cafeterias. 30 (2) Restricted food service facilities. 31 (3) Licensed health care facilities. 32 (4) Commissaries. 33 (5) Mobile food facilities. 34 (6) Mobile support units. 35 (7) Temporary food facilities. 36 (8) Vending machines. 37 (9) Certified fanners' markets, for purposes of permitting and 38 enforcement. 39 (10) Farin Standy, or purposes gfl-wri iffi g and eilforcemetiL 40 (e) "Food facility' does not include any of the following: 99 AB 2168 1 (1) A cooperative arrangement wherein no permanent facilities 2 are used for storing or handling food. 3 (2) A private home. 4 (3) A church, private club, or other nonprofit association that 5 gives or sells food to its members and guests,and not to the general 6 public, at an event that occurs not more than three days in any 7 90-day period. 8 (4) A for-profit entity that gives or sells food at an event that 9 occurs not more than three days in a 90-day period for the benefit 10 of a nonprofit association, if the for-profit entity receives no 11. monetary benefit, other than that resulting from recognition from 12 participating in an event. 13 (5) Premises set aside for wine tasting, as that term is used in 14 Section 23356.1 of the Business and Professions Code and in the 15 regulations adopted pursuant to that section,if no food or beverage 16 is offered for sale for onsite consumption. 1.7 (6) Premises operated by a producer,selling or offering for sale 18 only whole produce grown by the producer,or shell eggs, or both, 19 provided the sales are conducted on premises controlled by the 20 producer. 21 (7) A commercial food processing plant as defined in Section 22 111955. 23 SEC. 5. Chapter 12.5 (commencing with Section 114375) is 24 added to Part 7 of Division 104 of the Health and Safety Code, to 25 read: 26 27 CHAPTER 12.5. FARM STANDS 28 29 114375. Farm stands shall meet all of the following 30 requirements: 31 (a)No food preparation or sampling of products shall occur. 32 (b) All prepackaged processed food products shall come from 33 approved sources. 34 '(c) Prepackaged processed food products shall be stored in an 35 approved vector proof area or container when the farm stand 36 facility is closed. 37 SEC. 6. No reimbursement is required by this act pursuant to 38 Section 6 of Article XIIIB of the California Constitution because 39 the only costs that may be incurred by a local agency or school 40 district will be incurred because this act creates a new crime or 99 -5— AB 2168 1 infraction,eliminates a crime or infraction,or changes the penalty 2 for a crime or infraction, within the meaning of Section 17556 of 3 the Government Code,or changes the definition of a crime within 4 the meaning of Section 6 of Article XIII B of the California 5 Constitution. O 99 7/70 L INTRODUCTION Community Facilities District No.2001-1 On June 5; 200.1,the County of Contra Costa (the "County") Board of Supervisors established Community Facilities District No. 2001-1. (Norris Canyon) (.`.`CFD No. 2001-1" or the "CFD"). In a landowner election held on the same day, the sole owner of property within the CFD voted to authorize the, levy of a Mello-Roos special tax on property within CFD No. 2001-1. The landowner_ also voted to incur bonded indebtedness, secured by special taxes levied,on.property within the CFD, in an amount not to exceed $7,220,000. On June 14, 2001, special tax bonds (the `Bonds") in the principal amount of$7,220,000 were issued on behalf of CFD No. 20.01-1. A special tax will be levied on property within the CFD in fiscal year 2007-08 in order to pay debt service obligations in calendar year 2008. The CFD boundary encompasses a 3897acre site that is proposed for the Norris Canyon Estates residential community. The CFD is located in an unincorporated area of the County just west of the Cityof San Ramon. At build out, the project was originally expected to include 361 single family detached homes. As of June 1, 2007, 363 lots have been subdivided and 244 building permits have been issued. There have been 15 building permits issued during the past fiscal year for new residential home construction. The Mello-Roos Community Facilities Act of 1982 The reduction in property tax revenues that resulted from the passage of Proposition 13 in 1978 required public agencies and real estate developers to look for other means to generate funding for public infrastructure. The funding available from traditional assessment districts.was limited by certain requirements of the assessment acts, and it became clear that a more flexible funding tool was needed. In response, the California State Legislature (the "Legislature") approved the Mello-Roos Community Facilities Act.of 1982 (the "Act") which provides for the levy of a special tax within a defined geographic area, (i.e., a community facilities district"), if such levy is approved by two-thirds of the qualified electors in the area. The Act can generate funding for a broad range of facilities and community facilities district special taxes can be allocated to property in any reasonable manner other than on an ad valorem basis. A community facilities district is authorized to issue tax-exempt bonds that are secured by land within the district. If a parcel does not pay the special tax levied on it, a public agency can foreclose on the parcel and use the proceeds of the foreclosure to ensure that bondholders receive interest and principal payments on the bonds. Because bonds issued by a community facilities district are land-secured, there is no risk to a public agency's general fund or taxing capacity. .In addition,because the bonds are tax-exempt, they typically carry an interest rate that is lower than conventional construction financing. County of Contra Costa 1 Fiscal Year 2007-08 CFD No.2001-1 CFD Tax Administration Report 9/70 III. SPECIAL TAX REQUIREMENT Pursuant to the Rate and Method of Apportionment of Special Tax (the "RMA") for CFD.No. 2001-1, which was adopted as an exhibit to the Resolution of Formation of CFD No.2001-1, the Special Tax Requirement means.the total.amount needed each fiscal.year to.(i)pay principal:and interest on-bonds, (ii) create or replenish; reserve funds, .(iii) cure any ,delinquencies in the payment of principal or interest on.indebtedness of CFD No. 20.01,=1 which have occurred in the prior fiscalyear'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 (iv) pay administrative expenses. For fiscal.;year 200.7,08, the Special Tax Requirement is $537,639 and is calculated as follows: Community Facilities District No. 2001-1 Special Tax Requirement for Fiscal.Year 2007-08 Surplus Available to Reduce the Special Taxes $5,851 For Fiscal Year 2007-08 Special Tax Fund Balance Available $362,069 Debt Service Payment—Interest(9/1/07) ($196,620) Debt Service Payment=Principal (9/1/07) ($1302000) Administrative Expense Fund.Available ($265,353) Prepayment Balance ($3,245) -:..:::....:._.•M ..:..::.'.:...:.... ..::..:.:.�,. _rl". e:IS': ::t:: 'pk...ta•W:i i.f...�_..:•'..i..l1.,::..... ....... .....:..•::..: Ni•y; .Ei�:li':ii:i' .J4�•'`i'::'1'• !!.p .(. rye..Y '.• Y.:i•`.4.'w.i'"'t:ir: Debt Service and Administrative Expenses For Fiscal Year 2007-08 ($543,489) Interest Payment on Bonds Due March 1, 2008 ($193,533) Interest Payment on Bonds Due Sept. 1,2008 ($193,533) Principal Payment on Bonds Due Sept. 1, 2008 ($140,000) Administrative Expenses Budget ($16,424) Fiscal Year 2007-08 Special.'Tax Requirement ($537,639) County of Contra Costa 3 Fiscal Year 2007-08 CFD No. 2001-1. CFD Tax Administration Report 11170 Changes.to Norris Canyon Tentative Map The maximum special tax rates shown above assume that a particular number of residential units Will be developed within Norris Canyon consistent with the tentative map approved by the County Board of Supervisors .in August.;1997.. To the extent changes are proposed to the tentative map in future years that would reduce the number of residential units within the project, the County must either deny.the revision to the tentative map or require a prepayment ofspecial taxes by the developer proposing the tentative map.change: .Such prepayment would be in an amount sufficient to retire a portion of the,bonds and maintain 110% debt service coverage with the reduced special tax revenues that will result after the tentative map revision. . To. date, development in Norris Canyon has.been consistent with the approved tentative map. Apportionment of Special Taxes The amount of special tax levied on each;parcel in the CFD each fiscal year will be determined by application of Section E of the RMA. Pursuant to this Section, the Special Tax Requirement will be allocated as follows: The first step requires special taxes to be levied on each parcel of Residential Property and Other. Property up to 100% of the applicable maximum special tax rate. If additional revenue is needed after the first step is completed, and after applying capitalized interest to the Special Tax Requirement, then a special tax will be.levied on each parcel of Undeveloped Property up to 100% of the applicable maximum special tax. If additional revenues are still needed to pay annual.obligations of the CFD after the maximum special tax is levied on Residential Property, Other Property, and Undeveloped Property, a special tax will be levied on Homeowners' Association Property and parcels of Public Property that originally had planned units, as defined in the RMA. Application of the maximum special tax rate to the 244 Residential Property parcels for fiscal year 2007-08 will generate special tax revenue of $512,400, assuming no special tax delinquencies. Since the Special Tax Requirement for fiscal year 2007-08 is $537,639, and no Other Property exists in the CFD,Undeveloped Property must make up the remaining $25,239 to meet the Special Tax Requirement. Taxing Undeveloped Property at approximately 10.2% of its maximum special tax rate, or$342.68 per acre, will generate the remaining$25,239. The actual special tax rates and the number of units and/or acres of taxable property on which those rates are levied for fiscal year 2007-08 are shown in the table on the following page. County of Contra Costa S Fiscal Year 2007-08 CFD No.2001-1 CFD Tax Administration Report 13/70 V DEVELOPMENT UPDATE • From June 1, 2006 to May 31, 2007, 15 building permits have been issued to construct single family homes within CFD. No.. 2001-1. ;In:,.:total, the CFD includes 363's'mgle, fanuly, lots on which 245 building permits•have•been:issue.d. . No Other:Property.currently exists within,CFD. No' 2001-1. Based on the current.status of development,.in.CFD No.2001-1 the following table summarizes the ailocation 411),airceisto,the. special tax categories:defined in the RMA: . , ..,,.'. ,.. .....:. .. .r'.. ,Community Facilities District No'.2001-1- ::.. Allocation to Special Tax'Gategories'.:. _ .. Fiscal Year.2007-08..-;:,.. . .. Ta Cateo Descri` tioni'. Number of Parcels " l Residential Property _ 244* ... . :;... 2 Other Property 0 3 Undeveloped Property . . . :. .- 118, Total_does not inclu& one. arcel,t'l4 has had its s ,ecial.tax`obli obligation to aid P ...:.�,,....:::. . P. g P P and'therefore`is.no longei subject to the annual tai. County of Contra Costa 7 Ffscai Year 2007-08 CFD No.2001-1 CFD Tax Administration.Report 15/70 VIZ CFD FUNDS Six funds were established pursuarit`to the;Fiscal Agent Agreement between the County.and BNY Western Trust Company (the "Fiscal Agent"). Following is a brief description of the purpose of each fund. The Improvement Fund was created exclusively)to.pay the cost of improvements until all authorized,facilities have.been.paid. The Improvement Fund, due io completion of all improvements, has been closed. The Reserve Fund was established as a reserve for thepayment..of principal and interest on the bonds in the event the balance in the Special Tax Fund;is insufficient to make debt service payments:`-The Fiscal Agent will maintain the Reserve Fund. The Bond Fund 'was created ,ekclusive'ly.,.to.--.pays principal and interest on CFD indebtedness: `The Bond Fund..will be held.by the.Fiscal Agent; twice each year, the fiscal agent will use proceeds in this account to pay interest and/or principal on bonds. If, on any interest payment date, amounts in the Bond Fund are insufficient to pay debt service that'is due on such date, the Fiscal Agent must withdraw from the Reserve Fund to cover the shortfall. The Special Tax Fund was established as a fund.to be held by the County Auditor- Controller (the "Auditor") into which special tax revenues collected by the County will be deposited. Not later than three business days prior to each interest payment date on bonds,the Auditor will transfer money from the Special Tax Fund to the Fiscal Agent to pay interest and principal due on bonds, as well as any amount needed to bring the Reserve Fund up to the required reserve amount. Any remaining balance in the Special Tax Fund will be transferred to the Administrative Expense Fund. The Administrative Expense Fund will be held by.the Auditor and used to pay CFD administrative expenses. Each year, the Auditor will transfer any excess amount in the Administrative Expense Fund to the Special Tax Fund. The Costs of Issuance Fund will be held by the Fiscal Agent and will be disbursed to pay costs associated with formation of CFD No. 2001-1 and issuance of the Bonds. This fund has been closed. Money held in any of the aforementioned funds can be invested by the Fiscal Agent at the direction of the County and in conformance with limitations set forth in the Fiscal Agent Agreement. Investment interest earnings; if any, will generally be applied to the fund for which the investment is made. i . County of Contra Costa 9 Fiscal Year 2007-08. CFD No.2001-1 CFD Tar Administradon Report 17/70. VIII. PREPA YMENTS The special.tax lien,for one:property. in CFD No.2001271 has.been fully prepaid, and therefore,. this property, APN..211-260-011., is.no longer;subject to the annual special:tax levy. All other.. parcels of taxable property within.the CFD are subject to the annual special tax.levy.;. i • Counly of Contra Costa 11 Fiscal Year 2007-08 CFD No. 2M14'.' .' CFD Tax Administration Report 19/70 X. FORECLOSURE COVENANT...,. The County may order.the institution of a-court action to foreclose.the lien.on a parcel..within specif ed,time limits if any payment of the special tax is delinquent:. In such an action,the real property subject to the`unpaid amount may lie sold at.,a judicial foreclosure sale.. The.County shall review its records in connection with the collection of the special tax on or about March 30 .. and June 30 of:each yq, 't the amount of special tax levied in `the:CFD.to the amount of special tax collected, and proceed as followit s: Individual Delinq'uericies. .If the.Auditoi determines.that Iany:single parcel subject to the special tax`in:the CFD'is delinquent 'in the :payment:of special„taxes in the,aggregate` amount of(i) 0,'500 or.more if all the property within.the CFD is on the Teeter Klan, or (ii) $3,000 or more if any of the property in the CFD is not on the Teeter Plan, then the Auditor shall send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner within 60 days of such determination, and(if the delinquency remains uncured)foreclosure proceedings shall becommenced by the County within 120 days of such determination. • Aggregate Delinquencies. Ifthe Auditor determines that the total.amount of delinquent special tax for the prior fiscal year for. the. entire CFD; (including the:total of delinquencies under the piecedirig paragraph),,exceeds:5%.of the total special tax due and payable for':the.prior..fseid year,`,ft.C.ountj+,shallnotify o_r.,cause to,be notified.property owners who are then delinquent in the payment of special taxes (and demand immediate payment of the delinquency) within 60 days of such determination,.and•shall commence foreclosure proceedings within 120 days of such determination against..each.parcel of land in the CFD with a special tax.delinquency. Delinquency data as of July 2007 show that neither•of the above criteria have been met. and therefore no foreclosure proceedings have been initiated on any parcel in CFD No,;. 2001-1 with delinquent CFD taxes. County of Contra Costa 13. Fiscal.Year 2007-08 CFD No:2001-1 CFD Tax Administration Report 21/70 Response to:Item (b): All CFD No. 2001-1 improvements have been completed and accepted by the Public Works division of the County. County of Contra Costa 15 Fiscal Year 2007-08 CFD No. 2001-1 CFD Tax Administration Report 23/74 APPENDIX A Summary of Fiscal .Year 2007-08 Special Tax Levy 'I 25/70 County of Contra Costa Community Facilities District No. 2001-1 (Norris Canyon) ,Special Tax Levy Summary for Fiscal Year 2007-08 Fiscal Year . Fiscal Year 2007-08 2007-08 Units Total Maximum Special Actual Special or Acres Special Land Use Category Tax Rates Tax Rates Taxed Tax Levy Developed Property $2,100 .per Parcel $2,100 per Parcel 244 units $512,400 Undeveloped Property $3,360 per Acre $343 per Acre 73.6 acres $25,239 Total Fiscal Year 2007-08 Special Tax Levy $537,639 Goodwin Consulling Group,Inc. 27/7.0 I APPENDIX B Special Tax Levy for Fiscal Year 2007-08 • 29/70, County.of,Contra.Costa. .. Community Facilities District No.2001-1. . ' .(Norris Saecial.Tax Lew forfiscal Year 2007-08 Assessor's Type of Status of Taxable Special Parcel Sumber Property Development Acres. Tax 211 . 210 074:.:.:...:::.:.:':.:: 'HOA:=':::°.:- ::..' LJndevelo` ed::% .-`°;> :: ':.:: ._. .. $0.00 R.. r lE'i. _� �.,�'itf1J���?".�4:>"�.t�s; �'�=(1�1.n'F;., :,.:��;F:�I;��:a� ..IJ:'� _R�._,�' •6:.. Milli •-*l6',�j���ih`�::�,':�. .1"eY�.::�:�Q���'.��" ' r.IR! I ':eulF�4ar � _ ',::. - 2 Develo`ed:: :. - 2'100:00 211 40,:'.001.' Residential $ Y: MERGER- _ '..,,..-.�_.:'x. .r ,.:..:,.,.:.�1.,.'.S'.,�n,...�a:�::.:'W'':;: ,.;.1€gn':=_x".'.:,•.:. z::.H..;:,d;Vk':'=:irra:'�ri�!:'}.. .:a..: ik ..:.; 211 " 24 .004 ::Residential:::: Develo`ed= $2=100`;00. .:. ,_ .. a�'a :.. . 1:��1�+Y' i�±,.ld�:e.:S1b�dP�'�' �[,.�r�"�St �,:.� , �'`��1. �, �' ;•� `;' :�:';:.. :.:,. tiD` elo ed; 2-10 211 .�$ 4 ,5d,��i 1I I�%fla731�rs,��:.. ...,,;.:._:,x..;il 1'.�et�t.lYn.�i,_ �! �i,II�eR1�Aa�:,.r�!�4niIm.1F4��1:-1_df�l._��._..::f_ - `e'elo 211: 2. esiden[i�l:''° �'.D v 40�>=008° -R a z$ ",. , :MOL Jideveop:e...d :'::1,::::;;9.3 2112W-`- 010:.'' _ :;:Undvelo e .; l ' : : 211' 2 �:r.,.::::��..,,:Undevelo ed;�:;� ;�=; : .. 40,;�;Ot 2:- •..:.::.Undeveloped•,.,. .......�.. .. ... .P_. .r. Vol tlux.... '.. .: � I..:.,, _n�Hall`'!•;: .I. 'v1 -- :< . ,.... ...... 211:.::x240..:.: 014 ;': ' .- ,Deyelo,ed���'''�. `:; :;':'::��r::;r';:� ;:;�;..:, :,..:::=$2;100:00:;•- .t, r;::.:.y.; Develo';:ea '.:;a: .;: '.°; .; 2`,100:00:..._ 211 "::..;240:r:•016.:x.;,:::'.;:= �Restdential�� - �=$ v, Es y -i: �[� f�'�i }� � ..r I`' a; 114; •tai � � roti.' ��'..: `�'E'' _ ..�7� 'M1�.._ .4 vi l:+i'_�. :..,a'h1Y:•I d�011dk y*il�'Jrr J,.�T.�r�d.. !'lg1,p�YW.n,'� I �:.. n-7_.?.,::::_a,r�.,�:. 002,':':.:.';:' .Undeveloped; ' develo 'ed •.t $•1;70.60.;::;x:':.:, 211evelo•'ed=` $2':1QU:00 211.': •:2 0° 006 ;:•:::'; Restdential: t De'velo ed: 21 h IS4 i 11,11M.-Mm, ,:... 211 : 250. ...008.'.:: Residential...:::.; Develo`ed: r $2;100:00 - - is;'.: 1' r sF: 11d�d:.: iRlrlhiiiL. OUNCES, t I°�u � i!I� �I�'� t,.: .� t1�.IRiI�J_..1! �...n�dn:;;:; - 211 250:1:: Oip,:',::r. ,:,:.;'Residential:::::;`;:.,';::';; Develo'ed:; r_.:,: :;:`' °:;::.'`:,:.: ;•: 2,1 ......._P....... .. .. ;IiLIIriG 'if ',•.. O��OO :i.:�'.1�'�r-":'�_�_v�,' : 211'. •'•2' ::: 5-::...: ::. tial $2,160:00 50..,.012, ...,. .. .,Restden.,, ;< g, I ^'q 6� ..�s,:.••• 0klr•: I....,.!13F3: - EN I 2 2 :.:..., 1 - 2 :::::: 11. ....50..,...0.14 „Residential:., Deve.o ed' °`> 100:00': .. i Y�li � � ��t 'IF y , :L.•p•-'I.r•r_•. i��fiJi"�15 J @ ......� .. - 211 ...2 a til Develo'ed:.,:. 50....0,16,:; .�... .R stden a...,..... :;:•� q FIND : :a:.:i::...,........ . 211 '::::'250:;'x:018:.::::..::...:::-.-::Res�denttal....,.....:.:,,.. . ,...Develo ed:..,:<�'�`. ::�;:���:>r<; :�.:'��:::>`.;::::..:�.�::��:$2100:00�.::•` '' 'I. I, ', '9y'.•'�� '� ISS -ioli yM. .:1J..p' � ' I 1 _ :y M I. I r�.;:; `rJyy@� ii y !11 ,. 1$, tri:S': Ir: .e ra ':} I ^..:y:r 2 .y �.r,Vd,: :. 11..: ig !'.:�� W. JIr::�fi:IYiI11R:1!h7N:....:,:...mr..- • 211_�':260w->..001-: : .::'::..:.Residential:,:'::<:; �Vi -'I" ed,: R rn .:uf::usin:7:ia.:i�.+.'.::r!'...�":,1:�':r�!4n. :t. elo' e 211 260 -'003 Residential: :: Dev2°'100 00.:. ::.- . a,...._:,...._. .,:.�::.•,fn�a ..a,9n.:�i.§u:,. '-..' .,,��:e,:._i.:::.,.d�.. __ _'"d'!i'�r. :�' 4i. ,i N. r:fk .:a;' Develo ed<: 211:sx::260;:-:005;:, Residential= : :,; :.:,;r:;: P..... $...,...Q -- „,... 'L',Lr';.': ': 5:::.' :� ::. a '.. ,:a• .r � .,; _ M e ::'#rIB �:,iS3i��..,� :�'pW. . 4:. n:.:.:: 211':::i;'260:j: 0�(0�7,_:: ;:.-;1:;= ResidentiaRl..............:.. .........eveloped:r:.:.;:,,•,..•:,.;,;":; ::;.,::.: ;.:':•..:::1:$2;100.00 ���d� � 'f1571i+'�fYO• �� t4l��ir"X('�+'F x19 ��ds� ' is 1�' �1+"L TI�'�n L'cN�t :�� T1�,Y �'�`'rll'i HLA 211009.: Residential- : : ;';.';:Deyelo ed P .. _ ' } .rhLL. .:;d� ..t ea� •I' I"a I,1.' r 'it a ,Nr ' '', 'ulr ' rJ !fip =:., _ �-:2x131. ..:� 1.W`- �.:i 'I :. �U,C'+'UL�a7s�!.��A'i'. ,:,�!:� -�''rr!'. ';t:.• illi f� :.:. '"r pJ;"�.-""rw'Ik�j'll! ..q.� .. 211 ...:260:,;';011.: :.:.. ;.:.:Prepaid.. : Prepaid 1 of 8 .. 31/70 County of Contra Costa Community Facilities Distrid No:2001-1 (Norris Canyon) Special Tax Levy for Fiscal Year 2007-08 Assessor's Type of Status of Taxable Special Parcel Number Property Development Acres Tax 211._: Residential.:....,, ...: :: 'Develo ed...,.....:........ 211, :280;; 032 Residential . : Develo ed _ .$2,100.00, I 211::':;;280" U34 •..,... . : Residential ': ,,:..D-eloped i;:.>.;:;: ::.::' '::$.2;100.00: :Oil- 211 .. 211,:;:;280.",?::036` Residential.:' ;, !' Developed'::.:: .i.7, .. • � rHIM, � 'r .. - — '.F �'1fl � _ MOON— h. 100k 211 :.280'.'.' 038 ''• ' ':..Residential Develo ed. ;'$2;100:00.. S. ..WI 2.11�:'r29,0>: 001;,,:-..._......;;•Re_stdenital::;:::: ;:;:•Developed'' $2`i00:00 .: -I; M• . ..... I ' : • .. s .,G fell 211 ::290 :.003.° :.:Residential":''- Developed '` r : DeveoPe211 :: 29 ?005 esidential d ' : ry�rjI :$2,100!� :00. "�'' ,.,,_,;:..1.. ...: .,.. � 211:;::290;.::'007 Residential:` a :;:.'.Developed::;, r� I�n A 11'� - �I, •-I � ,� �'AFI .. .I. i ' .. , , ,r4 ,, 6° . � =ilk,1. 1;Oq. .1 211 Residential'.`:: :;._::r ;D6v.;; ed el,, s. ::''$2100.00. . : i° 211 -290;. -011 esideritial:: Deve lo'ed' +:.. I �. 211 290'=:::013' Residential 'Develo 'ed 100.00. 211` O9 .-.`�:015 Resideniaal :;Tevelo ed.' }'.�;:..:.:�a... ....1. .r .u•�Cg��8c+1 klI.t'.•y'II'pA '�r R : SI -a c;. ., !I IF :_.......F:. 21129.0.'•.;';017..- : Residential ;.;•;::;:Developed: r ` 211Develojied 211' _:300-:;-:001 :,;:' ':Residential Developed : -';$2;100:00°.. i @ ,;, Via,.�;. ,r`'- �� ,•,a�.� ���F�����.:i. - �`.I i.. 211 .300:,,;::,003 ;Residenttal" iDevelo ed . p. 2,1 _ -:: ',,:::..;..::`.'_� .:.�:.£.� :.'.$ 00:00 .S5211,9y1 ;;300;°::;;005. .:•:..._..,Undeveloped.;. ; i::Undeveloped. .:'0:36':1..:.:'....:.:..; .. .:'.''::$122:82..: r_17II AJ`. i::.. 1 �CD'I'+ a4i1'p" •4 tt �"��� +�h'" A .. M1�IIi R•4'�C'1' ' Ig. :R - 211 300::>'007 Undevelo ed Undevelo ed 0`:67 $230;22.. p p ` _ WAXWO 101 04WIN I.NOW yi 211 300`:009: Restdenttal Develo ed ;;. $2;'100:00 211.:'=300;':,':011..::. Residential.`,?' : : :Developed t ::$.2;100.00.: nP 211 ::;300:::::.013.... .. ......Residential ;.;.j.Dev.,elo''ed - 1011-4311t Re211 OB sidenti $.2,,-1,�;0Q.0:..0Qv 0al ;:Developed ,. ... . r 9-.. '����{II IL�N" 'i' [n{iA�FR.�" �Y N L''J:'G! IIh, M1dl ic9 41F°''�' "`tl.I'� Ilii•I'�n�i f 211 -30Q,7":017 Residential Developed $2,100.00 3of8 33/70 County,of Contra•Costa . Community Facilities District No.2001-1 ` Special Tax Levy for Fiscal Year.200748,...". ' Assessor's .,Type of Status of Taxable Special. Parcel Number Property .,..., ,-:Development ...Acres Tax. 211::;;.320;,:,;017 Reside ilial. Developed- $2;l '`00 :�!.. r4--.. 6 „. '-,. �.,,;1 �" —. .. _ ..s: ,.�„ I.. a'• _ .nl, rvl+;�. �it _�P:,: ' r p.: Undeveloped... . .::.:.::.'; 0.72 " $2_47':90 211':'; 330:.-�001.;.. ......•.Undevelo ed"`,: _.. .'�,-�.a'�..-P.': "` �� ��1 l:r f�:,�'..�ilL'L. �_"�'e ii•" _�F:iti�'_''^dll'F'i�?u�;,;: -� �'LO�sa��: . W' 211;- 330 ;i:'003 Undevelo ed:'` -Unde`velo"eil'" :0.77:::' "$262:84 IWO III 211!: 33..0,y:005: Undevelo'ed :: `':s; Jndevelo ed;.: s-,'` >'0:87;':::t..:. . . :::;,:$298:02 ..,.:_ .F P. .. P , �o- FRI/'a r�1ND..._ _ W-1 I, 11 Undevelo"`ed.,',. ..:,: : ":;::1:32:.:;: :$'. 211.t'::330,;.; 007 Undeveloped..:; _ .P . %'; 45'1;;28 I ass s.,: ;:. 211.= 3$0'';''.009..';::::' ' '::Undevelo ed `'`' : :`;:Undevelo`ed:'. ;;:::,.:::1.07;: " `: -,.. 366:20': ..,. w.: .':::''�..�:: ...: .. .. 002: :- Unde."velo ed': Undevelo"ed` 1:'12; �,.:: $382:56; P . : 211 : 3.40.: "Undeveloea .:.;::',.:::,:::<`.:IJndevelo''ed: ;_`: 124:< 423:90 P....... i:$ P ;ail ae , ��a55,a, RR .IY-I'S.II .F4n' 06 : Undevelo`ed` .` 'iJndeyelo: Y:.. `'.'' 1':13::".... , $38 . 42 ;;+I,, ,��, all ppyy ���6� �� IS.� 6r �`l,6"': ,,dOC I'15,l a..- E u�i 1 1�.:�kG: :.17�' '141,'c. ;s.ee"aJl n, 211. ' 350F::.::001 Undevelo ed :Y Un...q elg..ed''' Q:'}9. ;..:,';.: .;.':::.:::;:;:$167:78. .,...:.: I kN 211::,350.':.:•003:.;',::•'....Undevelo ed,"'::::.::......,;';Undevelo:,ed':::`-'`=';''';'':0:58199:16' ; P, �'�-,i'� r 1._ �. P m'io• ,,I,T,��11:F--°,, �u 1u�1 nil 1p rl f ,T II(F� FS�r��F�II,;,,,�R 1 .i �a�'n4,l�h .> � •, 11�i'sl,' �G a.,vul it A, 4'ml .••�7T�� Fs'41 nlP�i ����Y4Y�"J� 211' .350 005':::•:::" 6 Residential" Develo'ed $2-'100:00 :... - ' 211:;,:;:3,50.,'�!-007;;.::;.::. '::y.:.Undeveloped;:;:: :- Undeveloped: ;:';;`;5:;;;1.49'::;; .. r $510:94 p ' G:"✓.1-i::2T�F: � � ��Y,:�.,. �-#.. � w k� "...,G'•e. ' ,9j l i A;I�Ii `f. ' _. r. �p,:: ,......:, :.. 211 ;,;350;..:;:009'.. ';:;'; : ``.LJiideveloUnde`velo..ed.... ...... :.:::';0.86. ;.'.`.'. =;$295:22 ..-,,: 211 .350+` :0J11.::.'" 3Undeveloped : ;Undeveloped...- `'..: 0'98; $336:64 .. :�; :: �'. �. ''�I ,. KN'f _� : � `'•''I til '!t.;;"• :. 21 'T.::: Undeveloped° ; ''y' ::: ::..0.43..`..:.;. t:s :$ 0,06 !r�'� &1.�1!���?3tGl�s'�!�u'1�Ttl_,����fl. �r, Iz. .i,. _h�i14 il. �:'�u.P na, .!��r9r71�' :FRQI' '1` ,.:EV,"�lr. ,•IY"',6'i 211 3b0.r• .015..'.:..'. Undevelo ed :;:„,.`:: Undevelo'ed" !:'.':'0':38':':i;;...... 131:16 EMO �,�,��@, P_.... P i. $ k.•�:R:'!�'!� �A.fY�S�:f.F�. 211' 350; :`p17:;'` '-::Unde`velo'ed: ?:::; .:'!:.,::..iJiid'1,; a"d '' �0:4I:' : $141':54 .. P P ,. _ .. _ a"i 1 � d Il Qana (f e,l , . d,• r e . . 1� ;1: 6' I.F aln yah . 4'1 i IbTl+, 211 ;;3.60; 002; ;;;Residential2100.00 , n '0 4 Residential Devel' 0 .. �,I..,::... oiled - $2,100:00: y,• �:i I ''°+ y�ryr}, ,,q���' `1.:',fll'. 4�. - ,r�;.:FN.....:,_ _ — 1 211 ![.$2 100.00 r , LmK °r 211 -:360-.`1:010 Reside ilial' ; ;. Developed ;:.'..$2;100.00 ... .n . :: .-.... w w. 1i117h. ..r]..:• 1' " +,11 +ji a. ,„,; 7!., .. 'l�. :. .:'..::.'kl; "f• lar: 211 :'.360: 012 Residential ..:.Developed "$2,100.00 5 of 8 :. 35/70 County of Contra Costa Community Facilities District No.2001-1 (Norris Canyon) Special Tax Levy for Fiscal Year 2007-08 Assessor's Type of Status of Taxable Special Parcel Number Property Development Acres Tax t. t..u,._.1.:_._.__._.rY_.__�._!...._.._.._h_1�=#-�,..:'�s.�^JfL. fl�kVlA�y_:.:._�::�n,"�,::.:,:w�','��::�I� !..:it:rh�'1: �li�._:.Rr�r✓ir11L._,9�,y;;.rl!II...._,�,.I:I,1.:.:::=.��f:�!¢�4{i;4:5t 211 380 007 Residential Developed $2,100.00 le'•!L45�:e i ',kc pr=u:,.;F '�'E'h_.63ii!';tiuF i�� ky:,: raL��� a.-:_;k�A .n!t._�,:i,. -_ �A_:,_:;..-I�cv'�o�.ec7:: ,rR-.:.!!4. ,--�'=:�i,.IF �,'�• .1t,:�.�,1' Q}�l .1..h.._... P-..,-. r.. _. :. .. !i,-=`l!in: _i�?:.: ,:1� 211 380 009 Residential Developed $2,100.00 �f:!u�':t;.. ii rr•- '6° _ _ ;i li f!';t .'�.. _� _ ' �4Y& , .r,;��!:'I..moi' a � y° �: p p 1. , �..�.T:....__.__I__p�fL 211 380. 011 Residential Devel?Ted $2,100.00 MIT.- �� I...,. : _3 jL',�1t IY.��W..-... Ik. lU' IM _,Yhi� :,. R , 1 _ ,:w _ - _ -�lil:�tilA:::r�1_. __.R,ta �'nr,,n' 211 380 013 Residential Develo :ed. -,- $2,100.00 (Jkk, yp #� M1 ' ��._� �',�, - .r�.l'Ir ��i4_;'..i.. '!i111i_ Or „ 1 1 .....-...:: :.. ..•i__ .. ...r.._.i,.,�:. .. 1...__._.. +. 1� : ':1- .. .,11:. ��I�'i'•.i'_..".: aL'd!nj l'ii�Ai:.,.n���'.� ..Y 211 . 380 . 015 Residential. Develo ed $2,100.00 , c!i!x- �•r .rr -�..,._ :r_�;:;'�- �1,-==lelF•, -- .�-=1' l;ul!Inl-_ -,:r.!kA:1.:A'� - �; - • MINIMUM ,,,_,... OHIO a 211 380 017 Residential:r. Developed:: $2,100,00 a ! :�., Cdr, I "a+rh I I:A FI _v,s�.1l9-I;'�;i:R,� '�.X@moi': �?� fl' 211 :' 380.. 019 Undeveloped- Undeveloped 0.43 $147.76 - y- :-ttl� .r �.r; 41i'Ma'1 r �'1 ���,1: �'..::n.=' 1 . 1 4 , v,1=,+:h�,;.l;„ ilr�,:�:.:.-!Ja'di Y 211 380 -021 Undeveloped :.•., :.,u:,,;Undeveloped ;:;..::'.0.43. $146.42 211 INNER,380 023 Residential y':";Developed:`-,: $2,1W00,00 liaA ::? gerk ` x :s - %-:.�- �.al . , . l: � _� 4 . r 211 380:,:.,.025 .. Undeveloped. Undeveloped':. :- '0-47 $162.50 A.. F'g;,.,.. ik:.. ,.;,, c'.,I '� I II Tyner. �ra,;�. xafi9�R�ir� • ;,, ,.I�. I', �� k�.I� .a, .,�,.!'�,'� A � _� �r:I�rig�.'•`�II!�,�'! Ts? I,... �=. 211%'..'380.".027 Undevelo ed Undevelo"ed:;. 0:42 $145.14 .z,yi'.:: .'r, `'. _ Ji 1110 _1;.:.13 Y r'. q •r d- .:L,:5: 'le"y'u!;:.- 5{i11 !9i k FROM:�,, I?,vieA1 -- ;;��,ff.:4 :!;;!.. ,::iyfa,. r 1M'. .:.,.. :_ � .X11: 11111 31_. .n '¢ IIA M 4i ' .' ' _1. _..-.._ _ 7++, �.;.u9111'fida,,., -1 L i.....F,'R. 211 380 029 Undeveloped Undeveloped 0.61 $209.42 Via,• ::Y�1u:1� �'kN4�'. k�'wvi�;,.. A ?ii `�i, { '�'19gY ,:_......�' _ �: - 11:....L._r"L�t.C' ! 211 380 031 - Undeveloped Undeveloped. 0.49 $168.50 �.���r N'6.;.:. I R:k,;9.� ,.+'.'f.•..-... r :. �... .:uAlp�".`'�".,is,.�K,'L.,.��r� 6a."�.;:�i' cil�,. ��J'� "�s!111[.�m,�-w�'..r;::.':r4�:;.�� 17y�� 211 380 033 Undeveloped .!.:..,=...i,:;.1.,11l,,_•�G.-....:g:..N:...1r_..ru.:^k�.,.$,..�:.,.,+,.::.�:.:?;4.h1.;,i.^5�,,,.,.....r:...��:�-. .._,:!: Un:de�vel�o_pe.-d.. U.!..�::.;ndev,..,.:..eli.,.�ou.1,.r�pe�d il:nI.0.r4�1 �$.'. - 134-�1-.G�.4 -0 9f, 110I1 -, .: 4•.40.9�4�: 211 380 . 035. Undeveloped Undeveloped 0.40 $137.36 I any' ::1r._,;..1 =t����pp 33�� ... �1 C7 ��1?1C�y:7 211 380 037. Undeveloped Undeveloped. 0.39 $135.24 r's_ °����` , 1,3:+m�:,�, - -:_•'.; .� r f', , MEMO !, .� E,..!s '8(ll,r_!.� , ".'rs �. 1'@'.et4r �.� el�i ���="' ,. '�!L;F t U:d� �L===-'15,41 1 �`..��^.a,.,:,. „- ..!.A,:.1.1..r� oi,w;,... :.^ ... :ill°4,.1i.i�r:.:�,,... k - ,.,, �:-7,.''kryut.,r:. . .9isu�::sv6 la =11II!,:s:. 211 380 039 Undeveloped Undeveloped 0.44 $150.28 !!II',.::ri I,r!:a ' ek� .r._..a M.I. .""'1: a. 1" - le�f1^ r..,F� ;! .,�'�o"���pp➢?r����,,,.' �_A4�- �..,X: � i lrjl: IN'�: �n�lf,Sy„ 1 _, . ..a . .,, ... ii ::'.'_►.. _..I,�:::': ., ,,. ,.`� ;li::ar:_' �f� ;;>��;!�; ����,- ;;�;... .n!�ft 5�3�t'b�9' �,,,��.�P�L::_ i.l? !.pl'.:K�fua'!k,..,�I1. !r.rq:,-��:��:11Ytir•„�_: I;a d.:ItRN �n'-J!:.�yG:l1,: !F' - - �!1 !.,(�:'. LSJ,'4eiy:�.9 Gj.�.: �.^.I��'• �I.,.I„ .::!M^'..I�-M:4�GY�,�:=n1.�f1!YH�.II:,:f.__.,�-,v�!;7j /1 This parcel has prepaid its special tax obligation and is no longer subject to the special tax. Goodwin Consulting Group,Inc. 8of8 37/70' COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT N0.2001-1 (NORRIS CANYON) RATE AND METHOD OF APPORTIONMENT OF SPFciAL TAX A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2001-1 (herein"CFD No.2001-1")shall be levied and collected according to the tax liability determined by the Board of Supervisors of the County of Contra Costa or its designee,as described below. All of the property in CFD No.2001-1,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: "Acre or Acreage"means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map; or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map,parcel map, or other recorded County parcel 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 any or all of the following:the fees and expenses of any fiscal agent or trustee(including any fees and expenses of its counsel)employed in connection with any Bonds; any costs associated with the marketing or remarketing of the Bonds;the expenses of the Administrator and the County in carrying out their respective duties under any fiscal agent agreement,indenture or resolution with respect to the Bonds or CFD No.2001-1,including,but not limited to,the levy and collection of the Special Tax,the fees and expenses of legal counsel,charges levied by the County or any division or office thereof in connection with the levy and collection of Special Taxes,audits,continuing disclosure or other amounts needed to pay arbitrage rebate to the . federal government with .respect to Bonds; costs associated with complying with continuing disclosure requirements;costs associated with responding to public inquiries regarding Special Tax levies and appeals; attorneys' fees and other costs associated with commencement or pursuit of foreclosure for delinquent Special Taxes;costs associated with overhead expense allocations to CFD No.2001-1;and all other costs and expenses of the County,the Administrator,and any fiscal agent, escrow agent or trustee related to the administration of CFD No.2001-1. "Administrator" shall mean the person or firm designated by the Board to administer the Special Tax according to this Rate and Method of Apportionment of Special Tax. County of Contra Costa CFD No.2001-1 1 April 13,2001 39/70 "Annual Interest Component" means the total amount of interest on Bonds in the calendar year commencing in.such Fiscal Year: "Assessor's Parcel" or"Parcel"means a lot or parcel shown in an Assessor's Parcel Map with.an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official inap of the County Assessor of the County of Contra Costa designating parcels:by Assessor's Parcel Number. , "Bonds"means any bonds or other debt as defined in Section 53317(4)of the Act),whether in one or more series, issued by CFD No. 2001-1 under the Act. "Board."means:the 13oard of Supervisors of the County of Contra Costa. "Capitalized Interest"means funds in any capitalized interest account available to pay debt service on Bonds issued by CFD No.2001-1. . ; "Capitalized Interest Requirement"means the least of i)the Annual Interest Component, ii)the difference between the Special Tax Requirement and the amount determined pursuant to,Step,l.of Section E hereof,'or iii)the anourit of Capitalized Interest available. "County"means the County of Contra Costa.' : Developed Property"means Taxable Property„for which a,building Permit for consfruction was issued prior to June 1 of the preceding'Fiscal Year. "Fiscal Year” means the period starting July I;and ending on the following June 30. "Homeowners'Association Property"means any property within the boundaries of CFD No.2001-. 1 which is owned by a homeowners' or property ownersassociation. "Land Use Class".means..one of the defined land use categories for which a specific Maximum . Special Tax is identified in Table 1 in Section C below. "Maximum Special Tax"means the maximum amount of Special Tax,determined in accordance with Section C below,that can be levied in.any Fiscal Year...:.. "Other Property'means Developed Property which is not Residential Property,Public Property,or Homeowners'Association Property. "Planned Units" means the.number,of.individual..residential units that,were. expected to be constructed on property within CFD No. 201. as shown in Attachment 1.. "Proportionately"means, for Residential Property and Other Property,that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that County of Contra Costa CFD No.2001-1 2 April 13,2001 41/70 C. MAXIMUM-SPECIAL TAX. Pursuant to-Section 53321 (d)of the Act,a Maximum Special Tax must be established as a specific dollar amount before a Parcel is first subject to the tax when in private residential use.The following . maximum rates shall apply to all Parcels of Taxable Property within CFD No:2001-1 for each Fiscal Year.in.which the'Special Tax is•collected: TABLE I . MAXIIVIUM SPECIAL TAX (Fiscal Year 200102).:! Land`' Maximum. Use Class • Description; Special Tax ..ca-::;,par 2001-02) 1 Residential Property '$2,100 per Parcel 2 Other Property $2,100 per Planned Unit of the Parcel before it '..; became Other Property 3: . Undeveloped Properly $3;360 per Acre.: Pursuant.to.Section•53321 (d)of.the Act;;the Special Tax levied against a Parcel used for private residential purposes shall under. no. circumstances ,increase rhore than.tenpercent (10%) as a consequence of�delinquency.or default by the owner-of any other Parcel or Parcels and shall, in no event,exceed the Maximum Special Tax:in' effect-for the.Fiscal Year in'which the Special Tax is being levied:.: D. MANDATORY PREPAYMENT'S OF SPECIAL .,TAX-.• RESULTING FROM TENTATIVE MAP REVISIONS It is possible that a revision in the Tentative Map could result in less Special Tax revenue being available from the CFD. To.preclude this result.after CFD No:2001-1 has been formed,the County shall apply the following steps for every proposed Tentative Map revision: Step 1: The County or its designee shall calculate the Maximum Special Tax revenues that:could be collected from the.property.affected;by.the proposed Tentative Map revision(the"Affected Property")prior to the revision being approved; County of Contra Costa CFD No. 2001-1 4 April 13,2001 43/70 F. MANNER OF COLLECTION The Special Taxes for;CFD No.2001-1.shall be collected-in the same manner and at the same time as ordinary ad valorem property.taxes,provided;>however;that prepayments are permitted as set forth in Section H below(and may be required in the case of Tentative Map revisions)and provided further that the County may.directly bill the Special Tax;may collect Special Taxes ata different time or in a different.manner, and may bollect delinquent;Special Taxes through foreclosure or other'available methods... ;. The Special Tax shall be levied and collected until principal and interest on Bonds have been repaid and authorized facilities to be constructed directly from Special Taxes proceeds have been completed. However, in no event shall a Special Taxes be levied afterFiscal Year 203972040. G. EXEMPTIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no Special Taxes shall be levied on Public Propertyj except as otherwise provided in.Sections 53317.3 and 53317.5 of the Act. H. PREPAYMENT OF SPECIAL TAX The following definitions apply to this Section H: Future:Facilities Costs'-'..means the Public Facilities Requirements (as defined below) minus public facility icosts funded-by.Previously Issued Bonds, interest earnings on the construction fund actually earned prior to the date of prepayment, Special Taxes, developer equity, and/or any other source ofAinding. "Outstanding.Bonds"means all-.Previously Issued Bonds which remain outstanding,with the..following exception:;!if.a Special'Tax has.been levied against, or already paid by, an Assessor's Parcel making a prepayment;and a portion of the Special Tax will be used to pay a portion ofthe next principal payment on.the Bonds that remain outstanding(as determined by the Administrator), that next principal payment shall be subtracted from the total Bond principal:that remains outstanding; and the difference' shall be used as the amount of "Outstanding Bonds for purposes of this prepayment formula. "Previously Issued Bonds"means all Bonds that have been issued by CFD No.2001-1 prior to the date of prepayment:. "Public Facilities Requirements" means either $5,900,000 in 2001 dollars, which-shall increase by three percent(3%)on January 1,2002,and on each January 1 thereafter, or such lower number as shall be determined by the County as sufficient to fund public facilities to be provided by CFD No. 2001-1 under the authorized bonding program for CFD No. 2001-1. County of Contra Costa CFD No.2001-1 6 April 13,2001 45%70. • Step 6: Multiply the Bond Redemption Amount computed pursuant to Step 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed(the 'Redemption Premium"). Step 7. Compute the amount needed to pay interest on the Bond Redemption Amount starting with the first Bond interest payment date after which the prepayment has been received until the earliest redemption date for the Outstanding Bonds. However,if Bonds are callable at the first interest payment date after the prepayment has been received,Steps 7, 8 and 9 of this prepayment formula will not apply. t Step 8: Compute the'amount of interest the County reasonably expects to derive from reinvestment of the Bond Redemption Amount plus the Redemption Premium.from the first Bond interest,payment date after which the prepayment has been received until the redemption.date for the Outstanding Bonds. i Step 9: Take the amount computed pursuant to Step 7 and subtract the amount computed pursuant to Step 8 (the 'Defeasance 1. Step 10: The administrative fees and expenses of CFD No. 2001-1 are as calculated by the County and include the costs of computation of the prepayment,the costs of redeeming Bonds,and the costs of recording any notices to evidence the prepayment and the redemption (the 'Administrative Fees and Expenses I. Step 11: A reserve fund credit shall be calculated as the reduction,if any,in the applicable.reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment(the"Reserve Fund Credit). Step 12 The Special Tax prepayment is equal to the sum of the amounts computed.,pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed pursuant to Step 11 (the 'Prepayment Amount�. • County of Contra Costa CFD No.2001-1 8 April 13,2001 47/70 • APPENDIX D Boundary Map of Community Facilities District No. 2001-1 ■ ■ ■ • ��a�a��a�aa�y�aaa��a�aaac�aaaa@ iitii� �iii - @4NSMSE@3Ur NS's • - 51/70 APPENDIX E Assessor's Parcel Maps for Fiscal Year 2007-08 53/70 N U } r n p StA d i 'per N Q Msdt+w � V s Y N � 6.} r• ri6A a 6C�tle M r .. of 0 11 u �tpp h t r p } M .. . cn 00 Ln IQ 41 o M F ' � � �i Q. ` ♦��i Orb N p V V a rF, CRE o M Q L> C. aa- � � g•� svgs O. 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