HomeMy WebLinkAboutCC AG PKT 2007-06-25 #H
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AGENDA REPORT
DATE:
June 25, 2007
TO:
Honorable Mayor and Members of the City Council
THRU:
David N. Carmany, City Manager
FROM:
Greg Beaubien
Interim Director of Administrative Services/freasurer
SUBJECT: Approval of the Annual Special Tax for Community
Facilities District No" 2002-01 "Heron Pointe"
SUMMARY OF REQUEST:
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That Council adopts the attached resolution approving the fiscal year 2007-2008 special
tax levy for Community Facilities District No. 2002-01 "Heron Pointe".
BACKGROUND:
On September 23, 2002, the City approved the establishment of Community Facilities
District 2002-01 known as Heron Pointe (''the Districf') and approved Ordinance No.
1490 authorizing the levy of Special Taxes within the District. However, the development
was faced with various delays related to the discovery of a Native American burial site
within the District's boundaries. As a result, final Coastal Commission approval was not
received until July 2005. Immediately upon receipt of final approval the City issued
$3,985,000 of CFD Bonds to fund the cost of various improvements within the District.
The City contracted with David Taussig & Associates, Inc. (''Taussig'') to calculate
special taxes for the District for fiscal year 2007-2008. The special taxes collected are
considered special revenue. Special revenue sources are legally restricted to specific
purposes. As a result, this special tax is not included in general fund revenues.
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The Special Taxes will satisfy debt service on the Bonds. The method of assessment for
the Special Taxes is described in the Amended Rate and Method of Apportionment
section of the CFD Report prepared by Taussig and submitted to Council on January 12,
2004. The method of assessment defines two primary categories of property: Developed
Property and Undeveloped Property. The category of Developed Property is further
divided into five separate special tax classifications that vary with land use (e.g.
residential and non-residential) and floor area (in square feet). The fiscal year 2007-2008
maximum and actual Special Taxes per Unit/Acre are listed as follows:
Agenda Item /7
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Community Facilities District No" 2002-01
Fiscal Year 2007-2008 Special Taxes for
Developed and Undeveloped Property
Tu Description Residential AsslgnedlMaximum FY 200712008
Class Floor Area Special Tax per Actual Special Tax
Unit/Acre ner Unit/Acre
1 Residential > 4,000 SF $5.906.83 $4,349.48
2 Residential 3,750-3,999 SF $5.606.52 $4,128.34
3 Residential 3,500 - 3,749 SF $5.410.00 $3,983.63
4 Residential < 3,500 SF $5.045.65 $0.00
5 Non- NA $46,346.00 $0.00
Residential
NA Undeveloped NA $51.939.27 $0.00
Exhibit A of the resolution shows the fiscal yc;ar 2007-2008 special tax levy for each
parcel being taxed. A discussion of the development status, financial obligations and the
special tax requirements for fiscal year 2007-2008 for the District is included in the
Administration Report prepared by Taussig in June 2007. A copy of the Report is
attached to this summary and is also on file in the City Clerk's office.
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Total expenditures for 2007-2008 are estimated at $282,915. This estimate includes debt
service payments of $240,511 and administrative expenses of $42,404. Total revenues
from the special tax are estimated at $266,108 for fiscal year 2007-2008. In addition a
credit of $16,807 from prior year special taxes will be applied.
FISCAL IMPACT:
There is no fiscal impact to the General Fund.
RECOMMENDATION:
Staff recommends that Council approve the attached resolution authorizing the 2007-
2008 annual special taxes for the Communities Facilities District No. 2002-01.
~~ ~n~".~
Greg Be bien
Interim D tor of Administrative Services/freasurer
NOTED AND APPROVED:
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David Carmany
City Manager
Agenda Item
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ADMINISTRATION REpORT
FISCAL YEAR 2007-2008
CITY OF SEAL BEACH
COMMUNITY FACILITIES DISTRICT No. 2002-01
(HERON POINTE)
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Prepared for
Prepared by
CITY OF SEAL BEACH
211 Eighth Street
Seal Beach, California 90740
DAVID TAUSSIG & AsSOCIATES, INC.
1301 Dove Street, Suite 600
Newport Beach, California 92660
(949) 955-1500
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Table o/Contents
Section
Page
Introduction ....................................................................... ..............................1
L Special Tax Classlj"lCations and Development Update........... ...............................2
Special Tax Classifications................ ..... ..... .................................................2
Development Update................................. ............ ......................... ........ ....2
H. Fiscal Year 2006-2007 Special Tax Levy........ .......... ............................. ..... .....4
IH. Fiscal Year 2007-2008 Special TaxRequirement...................... .........................5
IV. Method of Appordonment............... ................... .......... .................. .............7
Maximum Special Taxes.......................................................................... ...7
Apportionment of Special Taxes..................... ........ ........... ...... ................. .....7
EXHIBITS
e Exhibit A: Fiscal Year 2007-2008 Special Tax Roll
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Introduction
This report provides an analysis of the financial and administrative obligations of Community
Facilities Disttict No. 2002-01 ("CFD No. 2002-01 ") of the City of Seal Beach (the "City") resulting
from the sale of the $3,985,000 Series 2005 Special Tax Bonds (the "2005 Bonds") in July 2005.
CFD No. 2002-01 is a legally constituted governmental entity established under the Mello-Roos
Community Facilities Act of 1982, (the "Act") as amended. The Act provides an alternative method
for the fmancing of certain public capital facilities and services. Specifically, CFD No. 2002-01 is
authorized to issue up to $5,000,000 in bonds. The proceeds of the Series 2005 Bonds are to be used
for the acquisition, purchase, construction, expansion, improvement, or rehabilitation of certain
public street improvements, water and sanitary sewer improvements, dry utility improvements, and
park and landscaping improvements, as well as sewer, water, park, storm drain, and transportation
improvements to be funded through development fees, which will serve the new construction in
CFD No. 2002-01.
The bonded indebtedness of CFD No. 2002-01 is both secured and repaid through the annual levy
and collection of special taxes from all property subject to the tax within the community facilities
district. In calculating the special tax liability for fiscal year 2007-2008, this report examines the
financial obligations of the current fiscal year and analyzes the level of development within CFD
No. 2002-01.
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Section I
Section I provides an update of the development status of property within CFD No. 2002-01.
Section IT
Section II analyzes the previous fiscal year's special tax levy and includes a discussion of delinquent
special taxes.
Section m
Section III determines the fmancial obligations of CFD No. 2002-01 for fiscal year 2007-2008.
Section IV
Section IV reviews the methodology used to apportion the special tax requirement between
Developed Property and Undeveloped Property. A table of the 2007-2008 special taxes for each
classification of property is included.
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CIty of 8eJJl BelICh
Community FaciUtla District No. 2002-01
Page 1
J.ne U, 2007
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L
Special Tax Classifications and Development Update
Special Tax Classifications
The methodology employed to calculate and apportion the special tax is contained in a document
entitled the Amended and Restated Rate and Method of Apportionment. The Amended and Restated
Rate and Method of Apportionment defmes two primary categories of property, namely "Developed
Property" and "Undeveloped Property." The category of Developed Property is in turn divided into
five separate special tax classifications which vary with land use (e.g., residential and non-
residential) and size for residential development. A table of the Developed Property special tax
classifications is shown below.
Community Facilities District No" 2002-01
Developed Property Classifications
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Land Vile Class Designation Residential Floor Area
1 Residential Property ~ 4,000 SF
2 Residential Property 3,750 - 3,999 SF
3 Residential Property 3,500 - 3,749 SF
4 Residential Property < 3,500 SF
5 Non-Residential Property NA
Developed Property is distinguished from Undeveloped Property by the issuance of a building
permit. Specifically, property for which a building permit was issued after January 1,2001 and prior
to January I of the prior Fiscal Year will be classified as Developed Property in the following fiscal
year. For example, all property in CFD No. 2002-0 I for which building permits were issued after
January 1,2001 and prior to January 1,2007 will be classified as Developed Property in fiscal year
2007-2008.
Development Update
Background research was conducted to determine the amount and type of development activity that
occurred during the previous fiscal year. Review of the City of Seal Beach's building permit records
indicate that after January 1,2001 and prior to January 1,2007, building permits for all 64 single
family residential units had been issued within CFD No. 2002-01.
The table below lists the aggregate amount of taxable property by special tax classification.
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City of Selll Bl!IlcIJ
COIIIIIWrz/(JI Focilitles District No. 2002-01
Poge 2
JUlie 14, 2007
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Tax Class Description Residential Floor Area No. of Units I Acres
1 Residential Property ~ 4,000 SF 21 units
2 Residential Property 3,750 - 3,999 SF 24 units
3 Residential Property 3,500-3,749 SF 19 units
4 Residential Property < 3,500 SF o units
5 Non-Residential Property NA o acres
NA Undeveloped Property NA o acres
CIty olSol Bem:h
Co_n/(JI Facilities District No. 2002-01
PIl/It!3
Junt! 14, 2007
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IL Fiscal Year 2006-2007 Special Tax Levy
The total special tax levy for fiscal year 2006-2007 equaled $278,482. As of June 1, 2007,
$264,735 in special taxes had been collected by the County. The remaining $13,747 in special taxes
are delinquent, resulting in a delinquency rate of 4.94 percent.
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CIty of SI!Jll Beach
COmmullity Ftu:IlJtW District No. 2002-01
Page4
J"IIe U, 2007
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IlL Fiscal Year 2007-2008 Special Tax Requirement
For fiscal year 2007-2008, the special tax requirement is equal to $266,108.11 and is calculated as
follows:
Community Facilities District No" 2002-01
Fiscal Year 2007-2008 Special Tax Requirement
FUND BALANCES AS OF MAY 31, 2007: 5199,358.48
RESERVE FUNDS IN EXCESS OF RESERVE REQUIREMENT 50.00
BOND FUND $95.48
SPECIAL TAX FUND (HELD BY CITY) [1] 5199,263.00
REMAINING FISCAL YEAR 2006-2007 OBUGATIONS: ($182,551.08)
INTEREST DUE SEPlEMBER 1, 2007 ($95,930.63)
PRINCIPAL DUE SEPTEMBER 1, 2007 ($45,000.00)
ADMINISTRATIVE EXPENSES ($41620.45)
FISCAL YEAR 2006-2007 SURPLUS I (SHORTFALL): 516,807.40
FISCAL YEAR 2007-2008 OBLIGATIONS: ($182,915.03)
INTEREST DUE MARCH 1, 2008 (595,255.63)
INTEREST DUE SEPlEMBER 1, 2008 (595,255.63)
PRINCIPAL DUE SEPTEMBER 1, 2008 ($50,000.00)
CPO ADMINISTRATIVE EXPENSES ($42403.77\
FISCAL YEAR 2006-2007 SPECIAL TAX REQUIREMENT: 121 (5266 107.63)
[1] Provided byT..... GanzaIe.z onJlDIO 1,2007.
[2] May not sum duo to roundins
The components of the fiscal year 2007-2008 special tax requirement are shown graphically on the
following page.
ClIy of Seal Beach
Community Fad/itl"" District No. 2002-01
Page S
June U, 2007
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IV. Method of Apportionment
Maximum Special Taxes
The amount of special taxes that CFD No. 2002-01 may levy is strictly limited by the maximum
special taxes set forth in the Amended and Restated Rate and Method of Apportionment. The
maximum special tax for Undeveloped Property and the assigned special tax for each classification
of Developed Property are specified in Section C of the Amended and Restated Rate and Method of
Apportionment.1
Apportionment of Special Taxes
The special tax that is apportioned to each parcel is detennined through the application of Section D
of the Amended and Restated Rate and Method of Apportionment. Section D apportions the special
tax requirement in five steps which prioritize the order in which Developed Property and
Undeveloped Property are taxed.
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The first step states that the special tax shall be levied against each parcel of Developed Property at
up to 100 percent of the assigned special tax. If the special taxes raised pursuant to the first step are
less than the special tax requirement, then the second step is applied. The second step states that the
special tax shall be levied against each parcel of Undeveloped Property at up to 100 percent of the
maximum special tax. The third, fourth, and fifth steps are designed to accommodate changes in
land use and are intended to be used only as a last resort. Since actual land uses have not
substantially deviated from the original projections, these steps are not necessary.
Application of the maximum special taxes under the first step generates special tax revenues of
$361,390 from Developed Property, which is more than sufficient to meet all obligations for CFD
2002-01 for fiscal year 2007-2008 as outlined in Section IV. Therefore, the fiscal year 2007-2008
special tax for each parcel of Developed Property is equal to approximately 73.63 percent of the
assigned special tax. The fiscal year 2007-2008 maximum and actual special taxes are shown for
each classification of Developed Property and Undeveloped Property in the following table and
graphically on the following page. The Special Tax Roll which lists the total special tax levy for
each parcel is shown in Exhibit A.
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. 1
TocIuucally, section C _ tIlalthe IIIBXimum special tax Ibr a parcol ofDcvoloped Proporty IS oqualllllho -"', of(i) 1110
"Baokup Spooial T..' or (ii) tho Asoignod Spooial Tax. Tho Badcup Speoial Tax _ ostabIishod for tho contingonoy of a
shortfiIIl in rovOIlI1O. resulting fiom .igniliclml c111l11pl1 in dovclopmODl donsitios. Tho contingoncylbr which tho Badcup
Special Tax _ ostablished doos not exist ami bonce, an dISc_,on ofmaximwn tax ,_Ibr Dovoloped Proporty_on
the ABsianod Spocial Tax.
City 0/ Seol Betlch
Co"",u",lty FtlciIJtIa Dlstrlct No. 2002-01
Ptlp 7
June 14, 2007
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Community Facilities District No" 2002-01
Fiscal Year 2007.2008 Special Taxes
for Developed Property and Undeveloped Property
Tax Residential AsslgnedlMaximum FY 2007-2008
Class Description Floor Area Special Tax per Actual Speclal Tu: per
UnIt/Acre Unit/Acre
1 Residential Property :!: 4,000 SF 55 906.83 $4 349.48
2 Residential Property 3,750 - 3,999 SF 55 606.52 $4.128.34
3 Residential Property 3,500 - 3,749 SF 55410.00 $3_983.63
4 Residential Property <3,500 SF 55 045.65 $0.00
5 Non-Residential Property NA $46346.00 $0.00
NA Undeveloped Property NA $51.939.27 $0.00
A list of the actual special tax levied against each parcel in CPD No. 2002-01 is included in
Exhibit A.
K:\CLIENTS2\Seal Beachlsdminl<:fd2002-1VJ7-0812002-01_ ADM.doc
Ci(v of Seal BeacIt
COlfl1llUllity Facilities District No. 2002-81
Pagel
JUlie 14, 2007
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RESOLUTION NUMBER
RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY
FACILITIES DISTRIcr NO. 2002-01 (HERON POINTE)
ESTABLlSIUNG ANNUAL SPECIAL TAX FOR FlSCAL YEAR
200712008
WHEREAS, the City Council of the CITY OF SEAL BEACH (th. ''City''), has initiated
proceedlnga, h.ld a public h.arlng, conducted an election and received a favorabl. vote
from the qualified .Iectors telating to the I.vy of a .peclaI tax In the City's Community
Fociliti.. Di.trict No. 2002-01 (Heron Pointe) (th. "District"), all as authorized pursuant
to the tenn. and provi.ions of th. ''Mello-Roos Community Fociliti.. Act of 1982", being
Chapter 2.5, Part I, Divi.ion 2, Tltl. 5 of the Government Code of the State of California.
WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of the
Gov.rnment Code of the State of California, has authorized the l.vy of a special tax to
pay for cost. and .xpenses telated to .aid Di.trict.
WHEREAS, the City Council desires to ..tablish the .pecific rate of the special tax to be
collected for the next fiscal year.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS,
SEcnON 1. That the above recitals a", all true and correct.
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SECTION 2. That the special tax r.... for .ach tax category to be used to generale
.pecial tax ",venu.., which will be collected to pay for the coats and expenses for the
next fiscal year (2007/2008) for the Di.trict, i. hereby detennin.d and .stabli.hed as set
forth in the attached, ",ferenced and incorporated Exhibit "A".
SEcrION 3. That the rate as set forth above doea not .xceed the amount as ptOviou.ly
authorized by Ordinance of the City Council, and i. not in excess of that as previou.ly
approved by the qualified .Iectors of the Di.trict.
SEcnON 4. Th. .pecial tax shall be collected in the .ame manner as ordinsry ad
valonom property tax.. 11M collected, and .hall b. .ubject to the .am. penalti.. and sam.
procedure and sale in cases of any delinquency for Bd valorem taxes, and the Tax.
Collector is hereby authorized to deduct reasonable administrative costa incurred in
collecting any .aid special tao.
SECI'ION S. All moni.. above collected .hall b. paid into the Di.trict funds.
SECTION 6. Th. Auditor of the County i. hereby dinocted to enter in the next County
......m.nt roll on which tax.. will become due, oppolite .ach lot or parcel of land
.ffected in a .pac. marked ''public improvement., .pecial tax" or by any oth.r .uitabl.
designation, the installment of the special tBX, and for the exact rate and amount of said
tax. reference is made to the attached Exhibit "A"',
SEcrION 7. Th. County Auditor .hall th.n, at the clo.. of the tax collection period,
promptly render to the City a detailed report showing the amount and/or amounts of .uch
.pecial tax installments, interest, penalti.. and perc.ntag.. .0 collected and from what
property collected, and also provide a .tatement of any percentage. notained for the
expense of making any such collection.
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SEcrION 8. Special Tax.. 11M to be I.vied on all non...x.mpt parc.ls within the
Di.trict. Should It be discovered that any taxabl. parcel. 11M not submitted to the County
Auditor for inclu.ion inlo the 200712008 Tax Roll subsequent to the .ubmittal deadline of
Augu.t 10, 2007, the City Council dinocts the City of Seal Beach .taff or their ..Is to
bill.uch parcel. directly via U.S. mail using the ratea as approved in Eahibit "A".
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PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting horeof held on the 25th day of Iune . 2007 by the following vote:
AYES: COUNcn.MEMBERS
NOES: COUNcn.MEMBERS
ABSENT: COUNcn.MEMBERS
ABSTAIN: COUNcn.MEMBERS
Mayor
A'ITEST:
City Cieri<
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STATE OF CALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby certify that
the foregoing resolutions is the original copy of Re.olution Number_ on file in the
office of the City Clerk, palsed, approved and adopted by the City Council of the City of
Seal Beach at a regular meeting hereof held on the 25th day of Iune . 2007.
City Clerk
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EXHIBIT A
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CFD No. 2002-01 of the
City of Seal Beach
Special Tax Roll
Fiscal Year 2007-2008
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David.TauIliII:A8IocIatfa.Inc.
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Emibit A
CIty ofS... Beaob CFD No. 2002~1
FY 2007-2008 Special Tax Levy
APN
FY 2007-2008
Special To
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199-201-01
199-201-02
199-201-03
199-201-04
199-201-05
199-201-06
199-201-07
199-201-08
199-201-09
199-201-12
199-201-13
199.201-14
199-201-15
199-201-16
199-201-17
199-201-18
199-201-19
199-201-20
199-201-21
199-201-22
199-201-23
199-201-24
199-201-25
199-201-26
199-201-27
199-201-28
199-201-29
199-201-30
199-201-31
199-201-36
199-201-37
199-201-38
199-201-39
199-201-40
199-201-41
199-201-42
199-201-43
199-201-44
199-201-45
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$4,349.48
$4,128.34
$4,349.48
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,349.48
$3,983.63
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$4,128.34
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$4,349.48
$4,128.34
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$4,128.34
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K '\CUEN1'S2Illea1 Boach\sdminIofd21lO2-1'll7-08ldataboselw,-,oll.rpt
Paso I of2
EmibitA
City of S..I Bea.h CFD No. 2002-41
FY 2007-2008 Spoolsl Tn Levy
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APN
FY 2007-2008
Spo.i.. Tn
e
199.201-46
199-201-47
199-201-48
199-201-49
199-201-50
199-201-51
199-201-52
199-201-53
199-201-54
199-201-55
199-201-56
199-201-57
199-201-58
199-201-59
199.201-60
199-201-61
199-201-62
199-201-63
199-201-64
199-201-65
199-201-66
199-201-67
199-201-68
199-201-69
199-201-70
$4,349.48
$4,128.34
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$3,983.63
$4,128.34
$4,349.48
$4,349.48
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$4,128.34
$4,349.48
64
TaIBI Number ofP...... Tuod
Total FY 2007-2008 Spoelal Tn
$266,108.:1.1
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K.:\CL1ENTS2\Sr:ol Bcachladminlofil2l102-l107-0BldOllbBseltmuoll rpt
Pqo2of2
IlaWl TlIlIIIig a: AsooG_1Dc.
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Exhibit A
City orSoaI Beach CFD No. 2001-01
FY 2007-2008 Spoelal Tn Looy
APN
FY 2007-2008
Speolal Tn
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199-201-01
199-201-02
199-201-03
199-201-04
199-201-05
199-201-06
199-201-07
199-201-08
199-201-09
199-201-12
199-201-13
199-201-14
199-201-15
199-201-16
199-201-17
199-201-18
199-201-19
199-201-20
199-201-21
199-201-22
199-201-23
199-201-24
199-201-25
199-201-26
199-201-27
199-201-28
199-201-29
199-201-30
199-201-31
199-201-36
199-201-37
199-201-38
199-201-39
199-201-40
199-201-41
199-201-42
199-201-43
199-201-44
199-201-45
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$4,349.48
$4,128.34
$4,349.48
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,349.48
$3,983.63
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$4,128.34
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$4,349.48
$4,128.34
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$4,128.34
e
K. \CUENTS2.\Sc8I BOIChIlldmIJl\cfd2l102.I'D7-0Bldalabueltlx_IOlll]ll
Page 1 or2
EJ<hlblt A
City or S..I B...h CFD No. 2002-01
FY 2007-2008 Spoelal Tn Looy
e
e
APN
199-201-46
199-201-47
199-201-48
199-201-49
199-201-50
199-201-51
199-201.52
199-201-53
199-201-54
199-201-55
199-201-56
199-201-57
199-201-58
199-201-59
199-201-60
199-201-61
199-201-62
199-201-63
199-201-64
199-201-65
199.201-66
199-201-67
199-201-68
199-201-69
199-201-70
FY 2007.2008
Spodal Tn
Total Number orparools Tnod
$4,349.48
$4,128.34
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$4,349.48
$4,128.34
$3,983.63
$4,128.34
$4,349.48
$4,349.48
$3,983.63
$4,128.34
$3,983.63
$4,349.48
$3,983.63
$4,128.34
$4,128.34
$4,349.48
64
Total FY 2007.2008 Spo.1aI Ta~
$266,108.:n
e
K.\CLIENTSlISool BOIChllldmiD\cfiI2002-1I07.oBldalabuollax_roll.rp1
Page 2 or2