HomeMy WebLinkAboutCC AG PKT 2008-07-14 #L•
AGENDA STAFF REPORT
DATE: July 14, 2008
TO: Honorable Mayor and Members of the City Council
THRU: David N. Carmany, City Manager
FROM: Robbeyn Bird, CPA
Director of Administrative Services/Treasurer
SUBJECT: APPROVAL OF THE ANNUAL SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT N0.2002-01
"HERON POINTE"
SUMMARY OF REQUEST:
That Council adopts the attached resolution approving the fiscal year 2008-2009
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 District") 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 MuniFinancial 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.
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 & Associates,
Inc. 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
• 2006-2009 maximum and actual Special Taxes per Unit/Acre are listed as
follows:
Agenda Item L
Page 2
Community Facilities District No. 2002-01
Fiscal Year 2008-2009 Special Taxes for
Developed and Undeveloped Property
Tax
Class
Description Residential
Floor Area Assigned/Maximum
Special Tax per
Unit/Acre FY 2008/2009
Actual Special
Tax er Unit/Acre
1 Residential > 4,000 SF $6,024.97 $4,409.06
2
3 Residential
Residential 3,750 - 3,999 SF
3,500 - 3,749 SF $5,718.65
$5,518.20 $4,184.90
$4 038.20
4 Residential < 3,500 SF $5,146.56 $0.00
5 Non-Residential NA $47,272.92 $0.00
NA Undevelo ed NA $52,978.06 $0.00
Exhibit A of the resolution shows the fiscal year 2008-2009 special tax levy for
each parcel being taxed.
Total expenditures for 2008-2009 are estimated at $269,754. This estimate
includes debt service payments of $248,861 and administrative expenses of
$20,893. Total revenues from the special tax are estimated at $269,754 for fiscal
year 2008-2009. No credit will be applied to the levy this year.
FISCAL IMPACT:
There is no fiscal impact to the General Fund.
RECOMMENDATION:
Staff recommends that Council approve the attached resolution authorizing the
2008-2009 annual special taxes for the Communities Facilities District No. 2002-
01.
Robbeyn Bird, CPA
Director of Administrative Services/Treasurer
NOTED AND APPROVED:
G9~-'~'~°'~
David N. Carmany
City Manager
•
RESOLUTION NUMBER 5749
• RESOLUTION OF THE CITY OF SEAL BEACH COMMUNITY
FACILITIES DISTRICT NO. 2002-01 (HERON POINTE)
ESTABLISHING ANNUAL SPECIAL TAX FOR FISCAL. YEAR
2008/2009
WHEREAS, the City Council of the CITY OF SEAL BEACH (the "City"), has
initiated proceedings, held a public hearing, conducted an election and received
a favorable vote from the qualified electors relating to the levy of a special tax in
the City's Community Facilities District No. 2002-01 (Heron Pointe) (the
"District'), all as authorized pursuant to the terms and provisions of the "Mello-
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2,
Title 5 of the Govemment Code of the State of California.
WHEREAS, the City Council, by Ordinance as authorized by Section 53340 of
the Government Code of the State of Califomia, has authorized the levy of a
special tax to pay for costs and expenses related to said District.
WHEREAS, the City Council desires to establish the specific rate of the special
tax to be collected for the next fiscal year.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the special tax rates for each tax category to be used to
generate special tax revenues, which will be collected to pay for the costs and
• expenses for the next fiscal year (2008/2009) for the District, is hereby
determined and established as set forth in the attached, referenced and
incorporated Exhibit "A".
SECTION 3. That the rate as set forth above does not exceed the amount as
previously authorized by Ordinance of the City Council, and is not in excess of
that as previously approved by the qualified electors of the District.
SECTION 4. The special tax shall be collected in the same manner as ordinary
ad valorem property taxes are collected, and shall be subject to the same
penalties and same procedure and sale in cases of any delinquency for ad
valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable
administrative costs incurred in collecting any said special tax.
SECTION 5. All monies above collected shall be paid into the District funds.
SECTION 6. The Auditor of the County is hereby directed to enter in the next
County assessment roll on which taxes, will become due, opposite each lot or
parcel of land effected in a space marked "public improvements, special tax" or
by any other suitable designation, the installment of the special tax, and for the
exact rate and amount of said tax, reference is made to the attached Exhibit "A".
SECTION 7. The County Auditor shall then, at the close of the tax collection
period, promptly render to the City a detailed report showing the amount and/or
amounts of such special tax installments, interest, penalties and percentages so
collected and from what property collected, and also provide a statement of any
percentages retained for the expense of making any such collection.
• SECTION 8. Special Taxes are to be levied on all non-exempt parcels within the
District. Should it be discovered that any taxable parcels are not submitted to the
County Auditor for inclusion into the 2008/2009 Tax Roll subsequent to the
submittal deadline of August 10, 2008, the City Council directs the City of Seal
Resolution Number 5749
Beach staff or their agents to bill such parcels directly via U.S. mail using the
rates as approved in Exhibit "A".
•
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 14th day of Julv , 2008 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify •
that the foregoing resolution is the original copy of Resolution Number 5749 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 14th day
of __ Julv , 2008.
City Clerk
•
Resolution Number 5749
.7
Exhibit "A"
City of Seal Beach CFD No. 2002-01
FY 2008-2009 Special Tax Levy
Assessor's FY2008-2009
Parcel Number Special Tax
199-201-01 $4,184.90
199-201-02 $4,038.20
199-201-03 $4,409.06
199-201-04 $4,038.20
199-201-05 $4,184.90
199-201-OB $4,409.06
199-201-07 $4,184.90
199-201-08 $4,409.06
199-201-09 $4,038.20
199-201-12 $4,409.06
199-201-13 $4,038.20
199-201-14 $4,184.90
199-201-i5 $4,038.20
199-201-16 $4,409.08
199-201-17 $4,038.20
199-201-18 $4,409.06
199-201-19 $4,038.20
199-201-64 $4,184.90
199-201-65 $4,038.20
199-201-6B $4,409.06
199-201-67 $4,038.20
199-201-BS $4,184.90
199-201-69 $4,184.90
199-201-70 $4,409.06
199-201-20 $4,409.06
199-201-21 $4,184.80
198-201-22 $4,409.06
199-201-23 $4,184.90
199-201-24 $4,184.90
199-201-25 $4,184,90
199-201-2B $4,038.20
189-201-27 $4,409.06
Total FY 2008-2009 Special Tax:
Total Number of Parcels Taxed:
Assessor's FY2008-2009
Parcel Number Special Tax
199-201-28 $4,038.20
199-201-29 $4,184.90
199-201-30 $4,409.06
199-201-31 $4,184.90
199-20136 $4,184.80
189-20137 $4,038.20
199-20138 $4,409.06
199-20139 $4,038.20
199-201-40 $4,184.90
199-201-41 $4,038.20
199-201-42 $4,184.90
199-201-43 $4,038.20
199-201-44 $4,409.06
199-201-45 $4,184.90
199-201-46 $4,409.06
199-201-47 $4,184.90
199-201-48 $4,038.20
199-201-49 $4,184.90
199-201-50 $4,038,20
199-201-51 $4,409.06
199-201-52 $4,184.90
199-201-53 $4,409.06
199-201-54 $4,184.90
199-201-55 $4,409.06
199-201-56 $4,184.90
199-201-57 $4,409.06
199-201-58 $4,184.90
199-201-58 $4,038.20
199-201-60 $4,184.90
199-201-61 $4,409.06
199-201-62 $4,409.06
199-201-63 $4,038.20
$289,755.88
64
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