Loading...
HomeMy WebLinkAboutCC Res 5197 2004-01-12 RESOLUTION NUMBER ~~j1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A SPECIAL ELECTION REGARDING THE ALTERATION OF THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) II RECITALS: WHEREAS, on December 8, 2003, this City Council adopted a resolution entitled UA Resolution of the City Council of the City of Seal Beach to Consider Alterations to the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2002-01 (Heron Pointe)U (the uReso1ution of ConsiderationU), proposing to amend and restate the rate and method of apportionment of the special taxes (the "Original RMAU) for Community Facilities District No. 2002- 01 (Heron Pointe) (the uDistrictU) pursuant to the Me110-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the UActU); II WHEREAS, the Resolution of Consideration, which makes reference to and incorporates by reference the map of the boundaries of the District and which makes reference to and incorporates by reference a proposed uAmended and Restated Rate and Method of Apportionment for City of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe)U (the uAmended and Restated RMAU), is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, on this date, this City Council held a noticed public hearing as required by the Act and the Resolution of Consideration relative to the proposed Amended and Restated RMA as set forth in Exhibit A hereto; :.~. WHEREAS, at said hearing all property owners and any other ~nterested persons with respect to the District desiring to be heard on all matters pertaining to the Amended and Restated RMA were heard and a full and fair hearing was held; WHEREAS, I : written protests with respect to the Amended and Restated RMA have not been filed with the City Clerk by fifty percent or more of any registered voters residing within the territory of ~he District or property owners of one-half or more of the area of land within the District and not exempt from the levy of the special tax; and WHEREAS, the proposition of the amendment and restatement of the Original RMA shall be submitted to the qualified electors of the District as required by the Act. Resolution Number Si91 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The Amended and Restated RMA of the special tax to be levied within the District has not been precluded by majority protest in the District pursuant to 53337 of the Act. I Section 3. All prior proceedings taken by this City Council in connection with the proposed alteration of the Original RMA for the 'District as set forth in the Resolution of Consideration have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. Section 4. Subject to the approval of the qualified electors of the District at the special election referred to below, the Original RMA is hereby altered from that specified in the Resolution No. 5063 of the City Council, adopted on September 23, 2002 (the uResolution of FormationU), and shall be as specified in the Amended and Restated RMA set forth in Exhibit A attached hereto and by this reference made a part hereof. Section 5. Pursuant to Sections 53338(a) and 53326 of the 'Act, the issue of the amendment and restatement of the Original RMA shall be submitted to the qualified electors of the District at an election called therefore as provided below. I Section 6. The ballot measure shall be in the form attached hereto as Exhibit B and by this reference incorporated herein, and said form of ballot is hereby approved. Section 7. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of' the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section of 53326 of the Act, this City Council finds that for purposes of these proceedings the qualified electors of the District are landowners withip the District and that the vote shall be by said landowners, each having one vote for each acre or portion of an acre such landowner owns in the District as of the close of said public hearing. I Section 8. This City Council hereby calls a special election to consider the measures described in Section 6 above, which election shall be held immediately following adoption of this Resolution in the City Council Chambers. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file a II I I Resolution Number 5797 copy of this Resolution and a map of the boundaries of the District. Section 9. The voted ballot shall be retur~ed to the City Clerk immediately following adoption of this Resolution, and when the qualified electors have voted, but not later than 11:30 p.m. on January 12, 2004, the election shall be closed. Section 10. Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot pursuant to the California Elections Code. This City Council hereby finds that paragraphs (a), (b), and (c)(l) of Section 4000 of the California Elections Code are applicable to this special election. Section 11. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit B hereto. The ballot was accompanied by all supplies and written instructions necessary to the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is owner of record or authorized re~sentative of the owner of record entitled /.t6}~d~~-~~~is the person whose name appears on ""t'he 'enve:!<op"'rl) (c) the printed name, signature . \ ~,n and ad~r.ess'~o'~ the voter, (d) tJ:le date of signing and 'place of execution of the declaration~~6rsuant to clause (b) above, and (e) a,notic~that the envelope contains an official ba~lot and is to be opened only by the canvass~n9 board. Analysis and arguments with respect to the .ballot measures have been waived by the qualified electors, by means of the waiver contained in the voted ballot, as permitted by Section 53327 of the Act. The City Council hereby concurs in said waiver. Section 12. The City Clerk shall accept the ballot of the 'qualified electors in the City Council Chambers upon and prior to the adoption of this Resolution, whether said ballot be personally delivered or received by mail. The City Clerk shall have available a ballot which may be marked at said location on the election day by said qualified electors. Section 13. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the resolution calling the election to elapse before said special election is for the protection of the qualified electors of the District. The voted ballots of the qualified electors of the District contain ,a waiver of Resolution Number ~ the time for said special election. Accordingly, this City Council finds and determines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and has thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. I Section 14. This Resolution shall take effect immediately upon its adoption. PASSED, City of 2004 by APPROVED and ADO/J~bY the Ci Seal Beach this day of the follow' g vote: of the AYES: NOES: ABSENT: ABSTAIN: I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing is the original copy of Resolution Number ~9" on file in the office of City Clerk, passed, approved, and adoPte~bY the City ou ci1 at a ing thereof held on the ~ day of , 2004. I Resolution Number ~~17 EXHIBIT A AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT FOR CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002-01 (HERON POINTE) I A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in the City of Seal Beach Community Facilities District No. 2002-01 (Heron pointe) ("CFD No. 2002-01") and collected each Fiscal Year commencing in Fiscal Year 2002-03, in an amount determined by the City Council of the City of Seal Beach, through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2002-01, unless exempted by law or by the provisions hereof, 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: I "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 ~and area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel'!IIap. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended,' being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. I "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2002-01: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2002-01 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2002-01 or any designee thereof of complying with City, CFD No. 2002-01 or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the' Special Taxes; the costs of the City, CFD No. 2002-01 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2002-01 for any other administrative purposes of CFD No. 2002-01, including Resolution Number ~~J7 attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's 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 map of the County Assessor of the County designating- parcels by Assessor's parcel number. I "Assigned Special Tax" means the Special Tax for each Land Use Class of Developed property, as determined in accordance with Section C below. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed property, as determined in accordance with Section C below. " "Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by the City on behalf of CFD No. 2002- 01 under the Act. "CFD Administrator" means an official of the City, designee thereof, responsible for determining the Special Tax Requirement and providing for the levy collection of the Special Taxes. or and "CFD No. 2002-01" means the City of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe) . I "City" means the City of Seal Beach. "Council" means the City Council of the City. "County" means the County of Orange. "Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Taxable Public Property and Taxable Property Owner Association property, for which a building permit for new construction was issued after January 1, 2001 and prior to January 1 of the prior Fiscal Year. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time. "Land Use Class" means any of the classes listed in Table 1 below. I "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. Resolution Number ~~11 "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for a non-residential use. "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture. I "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is equal for all Assessor's Parcels of Developed property. For Undeveloped property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. For Taxable Public Property and Taxable Property OWner Association Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's Parcels of Taxable Public property or Taxable property OWner Association Property, as applicable. "Property OWner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2002-01 that was owned by a property' owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. I "Public Property" means, for each Fiscal Year, any property within CFD No. 2002-01 that is owned by, irrevocably offered for dedication to, or dedicated to the federal government, the State, the County, the City or any other public agency as of June 30 of the prior Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. To ensure that property is classified as Public property in the first Fiscal Year after it is acquired by, irrevocably offered for dedication to, or dedicated to a public agency, the property owner shall notify the CFD Administrator in writing of such acquisition, offer, or dedication not later than June 30 of the Fiscal Year in which the acquisition, offer, or dedication occurred. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel. I "Residential property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2002-01 to: (i) pay Resolution Number ~J9j1 debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) pay directly for acquisition or construction of CFD No. 2002-01 facilities eligible under the Act; (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator pursuant to the Indenture. I "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2002-01 which are not exempt from the Special Tax pursuant to law or Section E below. "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section E below. "Taxable Public Property" means all Assessor's Parcels of Public property that are not exempt pursuant to Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. I "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Taxable Public property or Taxable Property Owner Association property. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2002-01 shall be classified as Developed Property, Taxable Public Property, Taxable property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX 1. Developed Property a. Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel classified as. Developed property shall be the greater of (i) the amount derived by application of the Assigned Special Tax or (ii) the amount derived by application of the Backup Special Tax. I Resolution Number ~~~ b. Assiqned Special Tax The Fiscal Year 2002-03 Assigned Special Tax for each Land Use Class is shown below in Table 1. TABLE 1 I Fiscal Year 2002-03 Assigned Special Taxes for Developed Property in Community Facilities District No. 2002-01 (Heron Pointe) I Land Use Description Residential Assigned Class' rea Special Tax 1 Residential property ~ 4,000 s.f. $5,350 per unit 3,750 - 3,999 $5,078 2 Residential Property s.L per unit 3, 500 - 3,749 $4,900 3 Residential Property s.f. per unit 4 Residential Property < 3,500 s.f. $4,570 per unit 5 Non-Residential NA $41,977 per pr.operty Acre c. Backup Special Tax The Fiscal Year 2002-03 Backup Special Tax for an Assessor's Parcel of Developed Property shall equal $41,977 per Acre. d. Increase in the Assiqned Special Tax and Backup Special Tax On each July 1, commencing on July 1, 2003 and through and including July 1, 2012, the Assigned Special Tax and the Backup Special Tax shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year. There will be no increase in the Assigned Tax or Backup Special Tax subsequent to July 1, 2012. 2. Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property I a. Maximum Special Tax The Fiscal Year 2002-03 Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be $47,043 per Acre. Resolution Number ~~i7 b. Increase in the Maximum Special Tax On each July 1, commencing on July 1, 2003 and through and including July 1, 2012, the Maximum Special Tax for Undeveloped Property, Taxable Public Property, and Taxable property Owner Association property shall be increased by an amount equal to two percent (2%) of the amount in effect for the previous Fiscal Year. There will be no increase in the Maximum Special Tax for Undeveloped Property, Taxable Public property, and Taxable Property Owner Association Property subsequent to July 1, 2012. I D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2002-03 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equal the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed property at up to 100% of the applicable Assigned Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped property; I Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association property at up to the Maximum Special Tax for Taxable property Owner Association Property; and I Fifth: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps have been completed, then the Special Tax shall be levied Proportionately 9n each Assessor's Parcel of Taxable Public Property at up to the Maximum Special Tax for Taxable Public Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit I I I E. F. G. Resolution Number ~~;r for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the CFD. EXEMPTIONS No Special Tax shall be levied on up to 8.07 Acres of Property OWner Association property. Tax-exempt status will be irrevocably assigned by the CFD Administrator in the chronological order in which property becomes Property OWner Association property. However, should an Assessor's Parcel no longer be classified as Property OWner Association Property, its tax-exempt status will be revoked. No Public Property shall be exempt from Special Tax, except as required by law. Public property or property OWner Association property that is not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth or fifth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Public property or Taxable Property OWner Association property. APPEALS AND INTERPRETATIONS Any taxpayer may file a written appeal of the Special Tax on'his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, ,the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator's determination. MANNER OF COLLECTION The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property ~axes; provided, however, that CFD No. 2002-01 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. Resolution Number tiiCf? H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities Cost" means either $3.015 million in 2002 dOllars, which shall increase by the Construction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities to be provided by CFD No. 2002-01 under the authorized bonding program for CFD No. 2002-01, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. I "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities Cost minus (i) public facility costs previously paid from the Construction Fund, (ii) moneys currently on deposit in the Construction Fund, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance facilities costs. I "Outstanding Bonds" means all Previously Issued Bonds which are deemed to be outstanding under the Indenture after the first interest and/or principal payment date following the current Fiscal Year. "Previously Issued Bonds" means all Bonds that have been issued by CFD No. 2002-01 prior to the date of prepayment. 1. Prepayment in Full The obligation of an Assessor's Parcel to pay the Special Tax may be prepaid and permanently satisfied as described herein; provided that a prepayment may be made only for Assessor's Parcels of Developed Property or Undeveloped Property for which a building permit has been issued, and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall I I II I 4. Resolution Number ~9J7 notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond plus plus plus plus Redemption Amount Redemption Premium Future Facilities Amount Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount less less Total: equals As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax and Backup Special Tax applicabfe for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property (for which a building permit has been issued) to be prepaid, compute the Assigned Special Tax and Backup Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. 3. (a) Divide the Assigned Special Tax computed pursuant to paragraph 2 by the total estimated Assigned Special Taxes for the entire CFD No. 2002-01 based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 2002-01, excluding any Assessor's Parcels which have been prepaid, and (b) Divide the Backup Special Tax computed pursuant to paragraph 2 by the estimated Backup Special Taxes at buildout of CFD No. 2002-01 using the Backup Special Tax amount for the current Fiscal Year, excluding any Assessor's Parcels which have been prepaid. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount" ) . ' Resolution Number $97 5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium, if any, on the outstanding Bonds to be redeemed (the "Redemption Premium"). 6. Compute the current Future Facilities Costs. 7. Multiply the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount"). I 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Compute the minimum amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount (as defined below) less the Future Facilities Amount and the Administrative Fees and Expenses (as defined below) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the "Defeasance Amount"). I 12. Verify the administrative fees and expenses of CFD No. 2002-01, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses" ) . 13. If reserve funds for the Outstanding Bonds, if any, are at or'above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement. I 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the larger quotient computed pursuant to paragraph 3(a) or 3(b) by the expected balance in the capitalized interest fund after such first Resolution Number S79? interest and/or principal payment (the "Capitalized Interest Credit"). 15. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). II 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, 13 and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the construction fund. The amount computed pursuant to paragraph 12 shall be retained by CFD No. 2002-01. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. I AS a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Assigned Special Taxes that may be levied on Taxable Property within CFD No. 2002-01 both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part I The Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula: PP = PE X F. These terms have the following meaning: PP = the partial prepayment PE = the prepayment Amount calculated according Resolution Number ~~~ to Section H.1 F = the percentage by which the owner of the Assessor's parcells) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of such owner's intent to partially prepay the Special Tax and the percentage by which the Special Tax shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section H.~, .and (ii) ind~cate in the records of CFD No. 2002-01 that there 'has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section D. I I. TERM OF SPECIAL TAX The Special Tax shall be levied for the period necessary to fully satisfy the Special Tax Requirement, but in no event shall it be levied after Fiscal Year 2042-43. I I I I I Resolution Number ~~j? EXHIBIT B OFFICIAL BALLOT SPECIAL ELECTION City of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe) This ballot is for a special landowner,election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Seal Beach no later than 11:30 p.m. on January 12, 2004, either by mail or in person. The City Clerk's office is located at 211 Eighth Street, Seal Beach, California, 90740. To vote, mark a cross (X) in the voting square after the word "YESU or after the word uNOu. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. . If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Seal Beach and obtain another. BALLOT MEASURE: Shall the rate and method of apportionment of the special Yes D taxes to be levied within the City of Seal Beach Community Facilities District No. 2002-01 (Heron pointe) (the uDistrictU) be altered as described in the resolution of D the City Council of the City of Seal Beach No adopted January 12, 2004, entitled UA Resolution of the City Council of the City of Seal Beach Calling a Special Election Regarding the Alteration of the Rate and Method of Apportionment of Special Taxes for Community Facilities District No. 2002-01 (Heron Pointe)U? By execution in the space provided below, you also indicate your desire to have this election occur as soon as practicable. Accordingly, all notices of hearings are hereby waived. In connection with any election required for altering the rate and method of apportionment of special taxes for City of Seal Beach Community Facilities District No. 2002-01 (Heron Pointe), you consent to the shortening of time limits, and waive analysis, arguments and rebuttals, all notice, mailing of the ballots in the event ballots are distributed by personal service, and any protest, complaint, or legal action in relation to all time periods which will be shortened. Number of votes: 19 Property Owner: WL Homes, LLC By: