HomeMy WebLinkAboutCC Ord 1503 2003-07-28
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ORDINANCE NUMBER /6!J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY
AS THE. LEGISLATIVE BODY OF CITY OF SEAL BEACH
COMMUNITY FACILITIES DISTRICT NO. 2002-02 (SEAL
BEACH BOULEVARD/LAMPSON AVENUE LANDSCAPE
MAINTENANCE) AUTHORIZING THE LEVY OF A SPECIAL
TAX WITHIN THAT DISTRICT, AND DECLARING THE
URGENCY THEREOF
WHEREAS, the City Council (the "City Council") of the City of
Seal Beach, California (the "City"), has previously
adopted Resolution Number 5098 stating its intention to
conduct proceedings to form City of Seal Beach
Community Facilities District No. 2002-02 (Seal Beach
Boulevard/Lampson Avenue Landscape Maintenance) (the
"District") pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, commencing with
Section 53311 of the California Government Code (the
"Act") to finance certain public facilities; and
WHEREAS, a copy of. Resolution Number 5098 setting forth a
description of the proposed boundaries of the District,
the services to be provided by the District, and the
rate and method of apportionment. of the special tax
proposed to be levied within District (the "Special
Tax") is on file in the office of the City Clerk of the
City, and is incorporated herein by reference; and
WHEREAS, in accordance with the Act, notice (the "Notice") was
published and mailed to all landowners proposed to be
included in the District regarding a public hearing set
for February 24, 2003 at 7:00 p.m. or as soon
thereafter as practicable on the establishment of the
District and the proposed rate and method of
apportionment of the Special Tax (the "Hearing"); and
WHEREAS, prior to the Hearing there was filed with the City
Council a report (the "Report") containing a
description of the services necessary to adequately
meet the needs of the District and an estimate of the
cost of providing those services, as required by
Section 53321.5 of the Act; and
WHEREAS, at the Hearing, a full and fair hearing was held and,
as set forth in the Notice, the testimony was heard of
all interested persons, including all taxpayers or
persons owning property in the area, desiring to
testify for or against the establishment of the
District, the extent of the District, or the furnishing
of a specified type or types of services; and
WHEREAS, at the Hearing evidence was presented to the City
Council on the matters before it and the City Council
at the conclusion of the Hearing was fully advised as
to all matters relating to the formation of the
District and the levy of the Special Tax; and
WHEREAS, subsequent to the public hearing, the City Council
adopted Resolution Number 5110 which established the
Ordinance Number ;I~
District and authorized the levy of a special tax
within the District; and
WHEREAS, on July 22, 2003, an election was held within the
District at which the qualified landowner electors of
the District approved the establishment of an
appropriations limit for the District and the levy of a
special tax within-the District; and
WHEREAS, on July 28, 2002, the City Council adopted Resolution I
Number 4145, which certified the results of the July
22, 2003 election conducted by the City Clerk, which
results showed that more than two-thirds o~ the votes
cast in the District were in favor of the proposition
to establish an,appropriations limit for the District
and levy the special tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Recitals. The above recitals are all true and
correct.
Authorization of Levy of Special Tax. By passage
of this Ordinance, the City Council authorizes the
levy.of a special tax within the District at the
maximum rate and in accordance with the rate and
method of apportionment set forth in Exhibit B to
Resolution Number 5110, which for reference
purposes is attached hereto as Exhibit A.
Annual Rate Determination. The City 'Council is
hereby further authorized to determine on or
before August 10 of each year, or such other date
as is established by law or by the County Auditor-
Controller of the County of Orange, the specific
special tax to be levied on each parcel of land in
the District, except that the special tax rate to
be levied shall not exceed the maximum rates set
forth in Exhibit A, but the special tax may be
levied at a lower rate.
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Exemption of Government Property. Properties or
entities of the state, federal, or other local
governments shall be exempt from the above-
referenced and approved special tax only to the
extent set forth in Exhibit A hereto, and
otherwise shall be subject to tax consistent with
the provisions of Section 53317.3 and 53317.5 of
the Act.
Use of Collections. All of the collections of the
special tax shall be used only as provided for in
the Act and in Resolution Number 5110. The
special tax shall be levied only so long as needed
for its purpose as described in Resolution
Number 5110.
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Collection. The special tax shall be collected in
the same manner as ordinary ad valorem taxes and
shall be subject to the same penalties and the
same procedure, sale and lien in any case of
delinquency as applicable for ad valorem property
taxes; provided, however, that the special tax may
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Ordinance Number
16:1
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be collected in such other manner as may be
provided by the City Council. In addition, the
provisions of Section 53356.1 of the Act shall
apply to any delinquent Special Tax payments.
Section 7.
Authorization. The specific authorization for
adoption of this Ordinance is pursuant to the
provisions of ' Section 53340 of the Act.
Section 8.
Certification. The City Clerk shall certify to
the passage of this Ordinance and cause it to be
published or posted in accordance with law.
VED and ADOPTED by the City Council of the Cit~ ~
alifornia, at a meeting thereof held on the ,;[8
, 2003.
~~A-tf~
Mayor /
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 Ordinance was
pa , approved and adopted by the City Council of the City of
S al ea h at a meeting thereof held on the ~~ day of
, 2003, by the following vote:
councilmember4P1 ~Ih.'< ~~~A~1 ~71
NOES: Councilmembers
-
ABSTAIN: Councilmembers
ABSENT: - Councilmembers
and do hereby further certify that Ordinance NUmber~~
been published pursuant to the Seal Beach City Charter and
Resolution Number 2836.
has
Ordinance Number /~ ~
EXHIBIT nAn
Rate and Method of Apportionment of Special Taxes
Community Facilities District No. 2002.02
(Seal Beach Blvd. J Lampson Ave. Landscape Maintenance)
of the City of Seal Beach, County of Orange
A Special Tax shall be levied on each Parcel of Taxable Propel1y within Community
Facilities Dishict No. 2002-02 (Seal Beach Blvd,/ Lampson Ave. Landscape Maintenance)
of the City of Seal Beach, County of Orange (the "District"), and collected according to the
special tax liability determined by the City of Seal Bcach (the "City") through the application
of the following procedures. All ofthc propel1y within the District, unless otherwise
exempted by law or the express provisions of the Rate and Method of Apportionment
expressed below, shall be taxed to the extcnt and in the manner provided below. Unless
othelwise indicated, all capitalized tenus shall have the meanings set (orth in Section C of
this Rate and Method of Apportionment entitled "Definitions".
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It is intended that all Special Taxes applicable to Parcels be collected in the same manuer and
at the same time as ordinary ad valorem property taxes of the City aud that special taxes so
levied will be subject to the same penalties and procedures, sale and lien priority in case uf
delinquency as is provided fO! ad valorem taxes of the City. Notwithstanding the foregoing,
the City may elect to collect the Special Taxes at such other times or in such other manner as
necessary or convenient to satisfy the obligations of the District.
. _A. Maximum Special Tax
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The maximum Special';ax tllll;';l~~e levied in the Fiscal Year beginning July 1,2003 and
iu each Fiscal Year thej'eafter on ;1i~h,parcel shall not exceed the base maximum special lax
shown below. adjusted pursuAnt toithe'annual adjustment shown below:
;'---.1 . ~~
-""'ao~."":~
Base Maxinuun,Special Tax: ,.... "~ "
Tax Area A - $6j8:p~l~ :' s-S:ial1{aif age multiplied by the Land Area of the Parcel.
Tax Area B - $84 ~i("'_ i~!~nH" eage multiplied by the Land Area oflhe Parcel.
Tax Area C - $11,400 per" S land acreage multiplied by the Land Area of the Parcel.
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Annual Adjustment:
Each Fiscal Year, commencing with the Fiscal Year beginning July I, 2003, the
maximull1 Special Tax shall be adjusted by the annual change in the Consumer Price
Index for all Urban Consumers in the Los Angeles-Riverside-Orange County area, as
measured between March of the second Fiscal Year prior to that Fiscal Year and March
of the Fiscal Year immediately preceding that Fiscal Year.
B. Calculation of Special Tax Levy
On or about July I of each year, commencing July 1,2003, but in any event in sufficient time
to include the levy of the Special Taxes on the County's secured tax roll, the District
Administrator shall classily each Parcel within the District as Taxable Property or Non-
Taxable Property. Parcels subject to levy of the Special Tax shall be detennined by the
Disl1ict Administrator based upon the records of the County Assessor as of the March I
preceding such July I.
The Distlict Administrator shall then detenl1ine the estimated aggregatc Special Tax
Requirement required for each Fiscal Year for each Tax Area commencing July 1,2003, and
levy on each Parcel, as follows:
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Step I: Classify by Tax Area each Parcel of Taxable Property in the District.
Step 2: Detennine the Land Area of Taxable Property in each Tax Area on a Parcel-by-
Parcel basis, and detemline the total Land Area of Taxable Property in each Tax
Area.
Step 3: Calculate the Annual Special Tax Rate for Taxable Propel1y for each Tax Area
hy dividing the estimated aggregate Special Tax Requirement for that Tax Area
by the total Land Area of Taxable Propel1y in that Tax Area.
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Ordinance Number /~~
Step 4: TIle annuaLSpecial Tax for each Parcel shall be the lesser of:
(i) the total Taxable Property Land Area of that Parcel multiplied by the Annual
Special Tax Rate for Taxable Propelty in the Tax Area in which the Parcel is
located;
or
(ii) the maximum Special Tax 'calculated pursuant to Section A.
The resultant sum is the alUlUal Special Tax for the Taxable Property.
, C. Definitions
Act means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part I, Division 2 of Title 5 of the Government Code of the State of
California.
Adminisfmtive Expenses means any or all of the following: the expenses of the City,
whelher by the City or designee of the City, or both, in calTying out its duties with respect
to the District (including, but not limited to, the computation, levy and collection of the
Special Taxes) including the fees and expenses of its counsel, any fees of the County
related to the District or the collection of Special Taxes, an allocable share o[the sallllies
of lhe City staff directly related thereto and a proportionate amount of City general
administrative overhead related thereto, any amounts paid by the City from its general
funds with respect to the District and all other costs and expenses of the City incuned in
cOIUleclion with the discharge of its duties in any way related to administration of the
Disl1ict.
Annual Speciul Tux Rate means the special tax rate required in a Tax Area to generate
the Special Tax Requirement in a given Fiscal Year, as calculated in Step 3 of Section n
for that Tax Area.
Bouudary Map means fhe map on file with the City Clerk showing the proposed
boundaries of the District.
City means the City of Seal Beach.
County means the County of Orange.
County Assessor means the Assessor of the County of Orange.
District means Community Facilities District No. 2002-02 (Seal Beach llIvd. / Lampson
Ave. Landscape Maintenance) of the City of Seal Beach, County of Orange.
Dislrict Administrator is any firm, entity, person or persons who the City may hire or
appoint fi'om time 10 time to compute ,and provide for the levy and collection of the
Special Taxes within the District.
Fiscal Year means the period slaltil!g on July I and ending the following June 30.
Land Area means the measure of Taxable Property for a Parcel, in gross acres ofland, as
shown on the County Asscssor's Parcel Maps.
Muintenance Expenses means the expenses of the City, whether by the City or designee
of the City, or both, in the fumishing of selvices and matelials for Ule ordinary and usual
maintenance, operation and selvicing, including repair, removal or replacement of all or part
of any ofthe landscaping, lighting facilities, or appurtenant facilities; providing for the life,
growth, health and beauty of the landscaping, including cultivation, inigation, trimming,
spraying, fertilizing and treating for disease or injury; the removal oftliml11ings, rubbish,
debris and other solid waste; and the cleaning, sandblasting, and painting of improvements
to remove or cover graffiti. Tins includes the fumishing of water for the in'igation and the
fU1l1ishing of elecl1ic cummt or energy, for any lights or irrigation facilities or appm1enant
facilities.
Ordinance Number ~~~
Non-Taxable Property means property \vithinthe District boundaries that is exempt
Ii'om the special tax pursuant to law at the ijme of district fonllation, or that is
a. Owned by. conveyed to 01' i1Tevocably olTered for dedication to a public agency, 01'
b. Utilized exclusively for landscaping pUl'}loses, or
c, Utilized for residential pll1poses,
Parcel means any County Assessor's pal'ct:l or portion thereof that is within the
boundaries of the District based on the equalized tax rolls of the County.
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Special Tax means the total special tax levied on each Parcel with Taxable Property per
Fiscal Year to fund the Special Tax Requirement.
Special Tax Reqlliremellt means, for any "fax Area, the amount required in any Fiscal
Year for the District to pay for authorized Maintenance Expenses and Administrative
Expenses, as well as any shortfall from the previous year's budget. In an-iving at the
Special Tax Requirement, the District Administrator shall take into account the
reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year and shall give a credit for funds
available to reduce the annual Special Tax levy.
Tax Area A means the propelties within Tract No. 15767 (as shown on the Boundary
Map) funding the Maintenance Expenses associated with the maintenance ofthe adjacent
parkways along Seal Beach 130ulevard and the median in Seal Beach Boulevard.
Tax Area B means the properties complising the Old Ranch Golf Course (as shown on
the Boundary Map) funding the Maintcnance Expenses associated with the maintenance
of the adjllcent parkways along Seal Beach Boulevard. the median in Seal Beach
Boulevard and halfofthe median in Lampson Avenue.
Tax AI'ea C me ails the properties within Parcel Map 30~,.5 (as shown on the Boundary
Map) funding the Maintenance Expenses associated with',lhe maintenance of the adjacent
parkways along Seal Beach Boulevard, Lampson Avenue and the 1-405 Freeway on/off
ramp, the median in Seal Beach Boulevard, and halfofthe:inedian ill Lampson Avenue.
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Taxable ProJlcl"ty is all real property within the boundaries of the District that is not
classified as Non-Taxable Propclty.
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Ordinance Number ~~='
EXHIBIT BAD
Cost Estimate
A de.tailed cost estimate of the fair and reasonable cost of the proposed services and
incidental expenses in connection with said services, including the cost of proposed
financing and all other related costs is shown below:
Area (sf) $1 sf $:/., month $ I year
Tax Area A
Seal Beach Blvd Pkwy Landscape & Irrig. 27,100 $0.03 $813 $9,756
Seal Beach Blvd Median Landscape & Irrig. 3,100 $0.10 $310 $3,720
i Subtotal Annual Maintenance Costs: $13.476
. City Administrative Fee: $2.465
Tax Area A Estimated Total Annual Maintenance Costs: $15,941
Tax Area B
Seill Beach Blvd Pkwy Landscape & Irrlg. 15,500 $0.03 $465 $5,580
Seal Beach Blvd Median Landscape & Irrig. 1,300 $0.10 $130 $1,560
Lampson' Ave Median Landscape & Irria. 3,200 $0.10 $320 $3,840
Subtotal Annual Maintenance Costs: $10,980
City Administrative Fee: $2,008
Tax Area B Estlmated Total Annual Maintenance Costs: $12,988
Tax Area C
Seal Beach Blvd Pkwy Landscape & Irrig, 38,200 $0.03 $1,146 $13,752
Seal Beach Blvd Median Landscape & Irrig. 10,800 $0.10 $1,080 $12,960
1-405 Frwy Pkwy Landscape & Irrig. 21,000 $0.03 $630 $7,560
Lampson Ave Pkwy Landscape & Irrig. 120,800 $0,03 $3,624 $43.488
Lampson Ave Median Landscape & Irria. 3,200 $0.10 $320 $3,840
Subtotal Annual Maintenance Costs: $81,600
- City Administrative Fee: $14,926
Tax Area C Estimated Total Annual Maintenance Costs: $96,526
Ordinance Number ~~~
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PROOF OF PUBLICATION
(2015.5 C.C.P,)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter,
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24n5. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates. to-wit:
_10 1M / '].(x)?)
all in the year 2003.
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Proof of Publication of
...............................................
...............................................
" SUMMARY
ORmNANCENUMBER1~
- COMMUNITY FAClLmES
mSTRICT 20_
- LANDSCAPE
MAINTENANCE DISTRICT
Ordinance Number 1503 of
the City of Seal Beach autho-
rizes the levy of a special tax
within Seal Beach Community
FaclllIIea OIstr1cl 2002.2 lor tho
landscape and malnlananco 01
SoaIBaOch BoulevaJd/Lampson
A....... Oninanca I'Unbor 15lX1
_adaptadas... _0RlJ.
nance at the regular mesflng of
the City Council held on July
28111. 2003 by "'elollowu1g ....
A YES: AntOl. Campbell
Doane. lJusort, Yost' I
NOES; None Mohon carrted
COpies '" llnfnanca Number
15lX1are _ fnlmthoolllco
01 tho City Clerk. City HaD. 211
:~~"f~ Beach; talo-
...~m2S27.
I ~~h: ~o. City Clerk.
City 01 SOliJ BHOh. '
. Pub.'Saalllaai:h Sun Journal
Ill13012OOSl\a::.o '
I certify (or de~lare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal BeaOh, CA.
this ~ day of _GV>~ , 2003.
~. Y/lJOOJAJ
~~ (JJI Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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