HomeMy WebLinkAboutCC AG PKT 2007-06-25 #I
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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/Treasurer
SUBJECT: Approval of the Annual Special Taxes for Community
Facilities District No. 2005-01 "Pacific Gateway"
SUMMARY OF REOUEST:
That Council adopts the attached resolution approving the fiscal year 2007-2008 special tax
levies for Community Facilities Districts No. 2005-01 "Pacific Gateway Business Center".
BACKGROUND:
In January 2006, the City approved the establishment of Community Facilities District 2005-01
known as the Pacific Gateway Business Center ("the District"). On February 13, 2006 the City
Council approved Ordinance No. 1542 levying the Special Taxes within the District.
Subsequently, in May 2006 the City issued $8,800,000 ofCFD 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.
Special taxes were segregated into two groups: A and B. Special Tax A will satisfy debt service
on the Bonds ("Debt Service'') and Special Tax B will satisfy costs related to the maintenance of
parks, parkways and open space within the District ("Landscape Maintenance''). Exhibit A of the
resolution shows the fiscal year 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 each CFD is included in the Administration Report prepared by
Taussig in June 2007. A copy of the Report is attached to this summ,,"Y and is also on file in the
City Clerk's office.
The method of assessment for Special Taxes A & B is described in the Rate and Method of
Apportionment section of the CFD Report prepared by Taussig and submitted to Council on
January 23, 2006. The method of assessment defines two primary categories of property:
Developed Property and Undeveloped Property. Special Tax A allows for a maximum
assessment of$12,599.24 per Acre on Developed Property within the District. This rate is to be
increased by an amount equal to two percent (2%) for the following fiscal year (2008-2009).
The fiscal year 2007-2008 maximum and actual Special Tax A per Acre is listed as follows:
Agenda Item I
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Community Facilities District No. 2005-01
Fiscal Year 2007-2008 Special Tn A for
Developed and Undeveloped Property
AssigoedlMuimum FY 200712008
Descriptioo SneciaI Tax A ner Acre AetoaI S Tax A oer Acre
Developed Property $12599.24 $11,187.66
Undeveloped Property $15,493.64 $0
Total Debt Service expenditures for 2007-2008 are estimated at $520,388. This estimate
includes debt service payments of $481,395 and administrative expenses of $38,993. Total
revenues from Special Tax A are estimated at $502,661 for fiscal year 2007-2008. In addition a
credit of $17,726 from funds on hand will be applied.
The maximum Landscape Maintenance assessment shall be equal to $2,416.85 per Acre within
the District. This rate is to be increased by an amount equal to two percent (2%) for the
following fiscal year (2008-2009). The fiscal year 2007-2008 maximum and actual Special Tax
B per Acre is listed as follows:
Community Facilities District No. 2005-01
Fiscal Year 2007-2008 Special Tn B for
Developed and Undeveloped Property
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AssigoedlMuimum FY 200712008
Descriptioo Snecial Tax B ner Acre Actual Soecial Tax Boer Acre
Developed Property $2.416.85 $1,897.87
Undeveloped Property $2416.85 $0
Total expenditures for Landscape Maintenance for fiscal year 2007-2008 is estimated at $85,271.
Total estimated revenues from Special Tax B for fiscal year 2007-2008 are $85,271.
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. 2005-01.
~~.CL.
Greg Bea ien
Interim Director of Administrative Services/Treasurer
NOTED AND APPROVED:
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David Carmany
City Manager
Agenda Item
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CITY OF SEAL BEACH
COMMUNITY FACll..ITIES DISTRICT
No. 2005-01
(PACIFIC GATEWAY BusINEss
CENTER)
June 14, :Z007
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ADMINISTRATION REpORT
FISCAL YEAR 2007-2008
CITY OF SEAL BEACH
COMMUNITY FACILITIES DISTRICT No. 2005-01
(PACIFIC GATEWAY BUSINESS CENTER)
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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 of Contents
Section
Page
Introduction .................................................................................................................................... 1
L Special Tax Classlflcadons and Deveiopment Update ..................................................... 2
Special Tax Classifications ....................................................................... ..................... ......2
Development Update ...........................................................................................................2
H. FiscIll Year 2006-2007 Special Taxu.,.................. .................. ..................... .....3
m Fiscal Year 2007-2008 Special Tax Requirement for FacUlties .......................................4
Iv. Fiscal Year 2007-2008 Special Tax Requirementfor Services.........................................6
V. Method of Apportionment................................................................................................... 7
Maximum Special Taxes...................................................................................................... 7
Apportionment of Special Tax A.........................................................................................7
Apportionment of Special Tax B .........................................................................................7
EXHIBITS
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 District No. 2005-01 ("CFD No. 2005-0 I") of the City of Seal Beach (the "City") resulting
from the sale of the $8,800,000 Series 2006 Special Tax Bonds (the "2006 Bonds") in May 2006.
CFD No. 2005-01 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. 2005-01 is
authorized to issue up to $10,000,000 in bonds. The proceeds of the Series 2006 Bonds are to be
used for the acquisition, purchase, construction, expansion, improvement, or rehabilitation of certain
roadway improvements, water and sanitary sewer improvements, dry utility and joint trench
improvements, 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. 2005-01. In addition, CFD No. 2005-01 is authorized to levy the Special
Tax B for the maintenance of parks, parkways, and open space.
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The bonded indebtedness ofCFD No. 2005-01 is both secured and repaid through the annual levy
and collection of the Special Tax A 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. 2005-01.
This report is organized into the following sections:
Section I
Section I provides an update of the development status of property within CFD No. 2005-01.
Section IT
Section III analyzes the previous fiscal year's special tax levy and includes a discussion of
delinquent special taxes.
Section ill
Section II determines the special tax requirement for facilities ofCFD No. 2005-01 for fiscal year
2007-2008. .
Section IV
Section IV determines the special tax requirement for services of CFD No. 2005-01 for fiscal year
2007-2008.
Section V
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Section V reviews the methodology used to apportion the special tax requirement for facilities and
the special tax requirement for services between Developed and Undeveloped Property. Tables of
the 2007-2008 Special Tax A and Special Tax B for each classification of property are included.
CIty of Seal Beam
COfIIIfIIlIlIq Flldlltles District No. 2005-01
Page 1
JUlie 14,2007
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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 Rate and Method of Apportionment. The Rate and Method of Apportionment defines
two primary categories of Taxable Property, namely "Developed Property" and "Undeveloped
Property" .
Developed Property is distinguished from Undeveloped Property by the issuance of a building
pennit. Specifically, property for which a building permit was issued after January 1,2005 and prior
to March 1 of the previous Fiscal Year will be classified as Developed Property in the following
fiscal year. For example, all property in CFD No. 2005-01 for which building permits were issued
after January 1,2005 and prior to March 1,2007 will be classified as Developed Property in fiscal
year 2007-2008.
Development Update
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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, 2005 and prior to March 1, 2007, building permits for all 44.93 acres of
non-residential property had been issued within CFD No. 2005-01.
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City 01 Seal BetU:II
COIIUIIIIIlIty Facilities District No. 2005-01
Pogt!2
JUIlt! U, 2007
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IL Fiscal Year 2006-2007 Special Tax Levy
The total Special Tax B levy for fiscal year 2006-2007 equaled $85,570. As of June 1,2007, all
$85,570 in special taxes had been collected by the County. Special Tax A was not levied in fiscal
year 2006-2007.
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CIIy of 8ml Bmch
Community Facilitlt!s District No. 2005-01
PageJ
J"ne 14, 2007
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IlL Fiscal Year 2007-2008 Special Tax Requirement for
Facilities
For fiscal year 2007-2008, the Special Tax Requirement for Facilities is $502,661 and is calculated
as follows:
Community Facilities District No. 2005-01
Fiscal Year 2007-2008 Special Tax Requirement for
Facilities
FUND BALANCES AS OF MAY 31, 2007 $2IlS,924
CAPITALIZED INTEREST ACCOUNT $230,697
RESERVE FUNDS IN EXCESS OF RESERVE REQUIREMENT $6,440
BOND FUND $44,824
SPECIAL TAX FUND [1] $3,963
REMAINING FISCAL YEAR 2006-2007 OBLIGATIONS ($268,198)
INTEREST DUE SEPTEMBER 1, 2006 ($230,698)
PRINCIPAL DUE SEPTEMBER 1,2006 $0
ADMINISTRATIVE EXPENSES ($37500)
FISCAL YEAR 2006-2007 SURPLUS I (SHORTFALL): $17726
FISCAL YEAR 2007-2008 OBLIGATIONS: (5520,388)
INTEREST DUE MARCH 1,2008 ($230,698)
INTEREST DUE SEPTEMBER 1,2008 ($230,698)
PRINCIPAL DUE SEPTEMBER 1,2008 ($20,000)
CFD ADMINISTRATIVE EXPENSES ($38 993)
FISCAL YEAR 2007-2008 SPECIAL TAX REQUIREMENT: [21 (S502.66U
[IJ ProvIded by Toreaa GmwoIoz on 1... 1,20l17.
[2] May not sum due to IOIIIIIlin8.
The components of the fiscal year 2007-2008 special tax requirement are shown graphically on the
following page.
City 01 Seal Beru:h
Co-ni/y FIlCil/Jks Diatrk1 No. 2005-01
Page4
June 14, 2007
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IV. Fiscal Year 2007-2008 Special Tax Requirement for
Services
Pursuant to the Rate and Method of Apportionment, the Special Tax B may be levied in CPD No.
2005-01 to: (i) pay for (a) maintenance of parks, parkways and open space benefiting property
within CFD No. 2005-01, (b) pay Administrative Expenses not funded through the Special Tax
Requirement for Facilities as determined by the CFD Administrator; less (ii) a credit for funds
available to reduce the annual Special Tax B levy, as determined by the CFD Administrator. For
fiscal year 2007-2008 the Special Tax Requirement for Services equals $85,271. The Maximum
Special Tax B and Actual Special Tax B for each land use class in CFD No. 2005-01 for Fiscal Year
2007-2008 is shown on page 8. The Special Tax roll, which lists the Actual Special Tax B levied
against each Assessor's Parcel, is included as Exhibit A.
Fiscal Year 2007-2008 Special Tn Requirement for Services
Component Amount
Maintenance [1] $70,000
Administrative Expenses $15,271
Total 585,271
[I] Pnmded by T..... GoIIzIIlaz "" 1_ 1,2007.
C/(p 01 Seal Beach
CO""",,"iq Facillties District No. 2005-01
Page 6
JUlie 14, 2007
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v.:
Method of Apportionment
Maximum Special Taxes
The amount of special taxes that CFD No. 2005-01 may levy is strictly limited by the maximum
special taxes set forth in the 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 Rate and Method of Apportionment..
Apportionment of Special Tax A
Section D.l of the Rate and Method of Apportionment for CFD No. 2005-01 describes the steps in
which Assigned Special Tax A shall be levied each Fiscal Year in order to satisfy the Special Tax
Requirement for Facilities.
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The first step states that the Council shall levy the Special Tax A Proportionately on each Assessor's
Parcel of Developed Property at up to 100% of the Assigned Special Tax A. If the sum of the
amount collected in step one is insufficient to satisfy the Special Tax Requirement for Facilities,
then the second step is applied. The second step states that the Council shall Proportionately levy
the Special Tax A on each Assessor's Parcel of Undeveloped Property up to the Maximum Special
Tax A applicable to each Assessor's Parcel of Undeveloped Property to satisfy the Special Tax
Requirement for Facilities. The third and fourth 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
$566,084 from Developed Property, which is more than sufficient to meet the special tax
requirement for facilities for fiscal year 2007-2008 as outlined in Section m. Therefore, the fiscal
year 2007-2008 special tax for each parcel of Developed Property is equal to approximately 88.80
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.
Apportionment of Special Tax B
Section D.2 of the Rate and Method of ApportiOliment for CFD No. 2005-01 describes the steps in
which the Maximum Special Tax B shall be levied each Fiscal Year in order to satisfy the Special
Tax Requirement for Services.
The first step states that the Special Tax B shall be Proportionately levied against each Assessor's
Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax B. If the
special taxes raised pursuant to the fl1'St step are less than the Special Tax Requirement for Services,
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Tochoica1ly, Sootion C...... tIml tho Maximum Special Tox A fur a paroo1 of'DoveIopod Property IS equal to tho greatoror(i)
tho"Baokup Special Tax A' or(ii) tho Assianod Spocial ToxA. TheBookupSpocial Tox A was oaIIIblished Ibrtho 0llIIlinpIII:y
ofa shortfiill in lOVonuos mullin& fiom ai...fioanl chanses in developmentdonsllios. The ~ forwluch tho Backup
Special Tox A _ omhlid1ed doa oat Ol<istllld honoo, a1. dIScussion orMoximum Spocial Tax A fur Developed Property
_ on the Assisaed Special Tox A.
City of Seol Beach
COmntllnlty FaciJltlt!S District No. :J00S-01
Pag~ 7
JlIlI~ 14, :J007
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then the second step is applied. The second step states that the Special Tax B shall be levied against
each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax B for
Undeveloped Property.
Application of the Maximum Special Tax B under the first step generates special tax revenues of
$108,589 from Developed Property, which is more than sufficient to meet the special tax
requirement for services 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 78.53
percent of the assigned special tax. The fiscal year 2007-2008 Maximum and Actual Special Tax B
are shown for each classification of Developed Property and Undeveloped Property in the following
table and graphically below. The Special Tax Roll which lists the total special tax levy for each
parcel is shown in Exhibit A.
Community Facilities District No. 2005-01
Fiscal Year 2007-2008 Spec:ial Tax A
for Developed Property and Undeveloped Property
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AssignedlMuimum FY 2007-2008
Description Special Tax A Actual Special Tax A
Developed Property $12599.24 oer Acre $11 187.66 oer Acre
Undeveloped Property $15493.64 per Acre $0 oer Acre
Community Facilities District No. 2005-01
Fiscal Year 2007-2008 Spec:ial Tu B
for Developed Property and Undeveloped Property
AsslgnedlMa:llmum FY 2007-2008
Description SpechlI Tu B Actual Special Tax B
Developed Property $2.416,85 oer Acre $1 897.87 Del' Acre
Undeveloped Property $2 416.85 oer Acre $0 oer Acre
K:\CL1ENTS2\Seal Beach\admin\cfd2005-01 \2007-08\docs\2005-01_ADM.doc
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COllUllllllity FacilItles District No. 2005-01
Poge B
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RESOLUTION NUMBER_
RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY
FAClUTIES DISTRICT NO. 2005-01 (pAC1FIC GATEWAY
BUSINESS CENTER) ESTABLISHING ANNUAL SPECIAL TAX
FOR FISCAL YEAR 2007/2008
WHEREAS, !he City Council of tho CITY OF SEAL BEACH (th. "City"), h... initialed
proceeding., h.ld a public hearing, conducted an .Iection and received a favOrllbI. vote
rrom the qualifi.d .Iectors relating to 1h. I.vy of a .peclall8x in tho Cily'. Community
Faciliti.. Di.trict No. 2005-01 (pacific Gateway Busin..g Center) (th. "Di.trio1"), all...
authorized pursuant to the tenns and provisions of the "Mello-Roos Community Facilities
AC1 of 1982", being Chapter 2,5, Part I, Diviaion 2, Titl. 5 of the Governmenl Code or
tho Sial. of Cal,romia.
WHEREAS, the City Council, by Ordinance ... aulhorized by Section 53340 of the
Governmen1 Code of th. Sial. of California, h.. authorized tho I.vy of a .peciall8x to
pay for cOlts and expenses relaled to .aid District,
WHEREAS, the City Council desire. to "Iablish tho .pecific rate or the special Ia. to be
collected for the nexl fiscal year.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above reciIal. an> all true and oorroct.
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SECTION 2. That Ih. .peclaI Ia. raICS for ....h l8x categmy 10 be usod to generate
.poeial1ax revenu", which will be oollOC1ed to pay for the co.ts and ..pense. ror the
next fi.calyear (200712008) for the Di.trict, i. h~y detemlined and ..labli.h.d.. ..t
ronh in the al\aChed, referenced and incorporated Exhibil "A".
SECTION 3. That the rat. .. se\ fonh abov. does nol exceed th. amounl a. previoualy
au1horized by Ordinance of tho Cily Council, and i. nol in exc... of that .. previou.ly
approved by the qualified .I.ctors of the Di.triCL
SECTION 4. Tho .pecial lax .hall b. collocted in the .ame manner .. ordinary ad
valorem propeny l8x.. an> coll.cted, and .hall be subject to tho sam. penalties and same
procedure and .al. in c.... of any delinquenoy for ad valorem lax.., and tho Tax
Collector is hereby authorized to deduct reasonable administrative costs incUITed in
oollecting any said .peclall8x,
SECTION 5. All moni.. above collected shall b. paid into tho Di.trict funds.
SECTION 6. Th. AudilOr of the County is hereby diroctod 10 enter in the next Counly
......m.n1 roll on which l8x.. will beoom. du., oppo.ite each 101 or paroel of land
effected in a space marked ''public improvements, special l8x" or by any other .uilabl.
designation, 1h. in.lallmen1 of tho .peCiall8x', and for the exact rate and amoun1 of .aid
tax., ~ference is made to the attached Exhibit II An.
SECTION 7. Th. Counly Auditor .hall Ihen, al the clOl. or the lax oolloetion period,
promptly render to the Cily a de1ailed report .howing the amoLIJII and/or amounts or .uch
.pecial tax in.1allmenla, interes1, penalti.. and peroenlages so ool/oeIM and from what
propeny collected, and also provide a glaternenl of any pelO.nlage. relained for the
expense of making any such collection.
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SECTION 8. Special Taxe. are 10 be levied on all non-exempt p....l. within the
Di.triot. Should i1 be discovered that any taxable p....la are not .ubmitted 10 the CounIy
Auditor for inclu.ion inlo 1ho 20071200S Tax Roll .ubsequent 10 the .ubmill8l deadline of
Augu.t 10, 2007 the Ci1y Counoil di....u the ClIy of Seal Boaoh .taff or their agenUto
bill.uch parcel. di....tly via U.S. mail u.ing the rates aa approYed in Exhibit "A',
PASSED, APPROVED AND ADOPTED by 1he Ci1y Council of Seal Beach, at a
meeting hereof held on the 25th clay of June , 2007 by the followins yote:
AYES: COUNcn..MEMBERS
NOBS: COUNcn..MEMBERS
ABSENT: COUNcn..MEMBERS
ABSTAIN: COUNcn..MEMBERS
ATI'EST:
Mayor
City Clerk
STATEOFCALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH }
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I, Uncia Devine, City Clerk for the CiIy of Seal Boaoh, California, do hereby certify that
the foregoing relolution. i.the original copy or Relolu1ion Numbor_ on file in 1ho
office of the City Clerk, pa.1ed, approved and adopted 'by the Ci1y Council of the Ci1y or
Seal Beach at a regular meeting hereof held on the 25th clay of June, 2007,
Ci1y Clerk
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EXHIBIT A
CFD No. 2005-01 of the
City of Seal Beach
Special Tax Roll
Fiscal Year 2007-2008
DavId Taussig &: Associates,IDe.
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E~hlbit A
City ors..1 B..ch CFD No. 2005-01
FY 2007-200S Spoelal Tu Looy
Traot Lot FY 2007-2008 FY 2007-2008
Spoeial Tu A Spoelal Tu B
16375 1 $36,248,02 $6,149.10
16375 2 $37,143.03 $6,300.93
16375 3 $50,120,72 $8.502.46
16375 4 $61,532.13 $10,438.29
16375 12 $47,883.18 $8,122.88
16375 13 $35,464,88 $6,016.25
16375 10 $36,024,27 $6,111.14
16375 5 $103,373.98 $17.536,32
16375 7 $60,637.12 $10,286.46
16375 6 $34,234,24 $5,807,48
Total Number orParools Tand 10 10
Total FY 2007-2008 Speoial T.... 5502,661.57 585,271.31
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EmlbltA
City orSoal Beaob CFD No. 2005-01
FY 2007-2008 Spooial Tu Looy
Trad Lot FY 2007-2008 FY 2007-2008
Spoeial TuA SpeolalTnB
16375 1 $36,248.02 $6,149.10
16375 2 $37,143.03 $6,300.93
16375 3 $50,120.72 $8,502.46
16375 4 $61,532.13 $10,438.29
16375 12 $47,883.18 $8,122.88
16375 13 $35,464.88 $6,016.25
16375 10 $36,024.27 $6,111.14
16375 5 $103,373.98 $17,536.32
16375 7 $60,637.12 $10,286.46
16375 6 $34,234.24 $5,807.48
Total Number orPlrools Tuod 10 10
Total FY 2007-2008 Speolal TaUII $502,661.57 585,271.31
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