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HomeMy WebLinkAboutCC AG PKT 2006-01-23 #K E 5 r U;141\ edr j\keyd • - 6 L AGENDA REPORT y `, rD DATE: January 23, 2006 • r° r TO Honorable Mayor and City Council r i FROM: Lee Whittenberg, Director of Development Services SUBJECT: PUBLIC HEARING - ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 2005- 01 (PACIFIC GATEWAY BUSINESS CENTER) SUMMARY OF REQUEST: That City Council: 1. Conduct public hearing regarding the establishment of Community Facilities Districts No. 2005 -01, Pacific Gateway Business Center. 2. Confirm that there is no majority protest of the landowner. 3. Adopt a resolution of formation to establish Community Facilities District No. 2005 -01. ' • 4. Adopt a resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $10,000,000 for Community Facilities District No. 2005 -01. 5. Adopt a resolution calling a special election within Community Facilities District No. 2005 -01. 6. Hold special election and canvass the election. 7. Adopt a resolution declaring the result of the special bond and special tax election in Community Facilities District No. 2005 -01, and approving certain related actions. 8. Approve the first reading by title only of an ordinance authorizing the levy of a special tax within Community Facilities District No. 2005 -01. BACKGROUND: When the Boeing Space and Communications Group Specific Plan ( "the Project ") was approved, it was contemplated that a Community Facilities District ( "CFD ") would be created to help finance some of the public improvements necessary for the effective development of the Plan. The City received a request on May 16, 2005 from Development Planning & Financing Group, Inc. (representing Boeing Realty Corporation) requesting consideration of the formation of a CFD to fund certain City road, water and sewer improvements and development fees applicable to the plan. On July 11, 2005 the City Council adopted Resolution 5362, which authorized execution of a "Deposit and Reimbursement Agreement" in connection with the formation of the Agenda Item Z:\My Documents\Boeing \CFD \CFD Public Hearing.CC Staff Reportdoc\LW\01 -09 -06 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 proposed CFD and authorized staff to initiate the formation of the district, and further authorized staff and the City Attorney to enter into appropriate agreements for necessary consultant services related to the formation of the CFD. Those actions were taken and the process of preparing the necessary agreements and documents has been ongoing since that time. On December 12, 2005 the City Council took the following actions regarding the formation of Community Facility District No. 2005 -01 (Pacific Gateway Business Center), regarding the development of the Boeing Space and Communications Group Specific Plan Project: ❑ Adopted Resolution 5415 stating its intention to establish Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), stating its intention to authorize the levy of a special tax, and setting the time and date for a public hearing as January 23, 2006; and ❑ Adopted Resolution 5416 stating its intention to incur bonded indebtedness in an amount not to exceed $10,000,000 for Community Facilities District No. 2005 -01 (Pacific Gateway Business Center). The proposed CFD area encompasses portions of Planning Areas 2 and 3, comprising approximately 61 acres (the "Project Area "), of the approved Boeing Integrated Defense Systems Specific Plan, which are the areas proposed for construction of business park structures. Planning Area 1'is the existing Boeing Integrated Defense Systems campus facilities of 41 acres and Planning Area 4 is the now - proposed Panatonni Development on the easterly 5 -acre portion of the Boeing properties. The proposed CFD will issue bonds to finance certain public improvements, including certain public improvements normally financed through development fees (the "Project "). Once the CFD has been formed, a special tax will be levied against each parcel in the development Project Area. Property owners will pay this special tax, and the proceeds of the special tax will be used to make debt service payments on the bonds issued by the CFD and pay for maintenance of infrastructure. Major Steps in a Community Facilities District Financing: 1. City authorizes contracts with financing consultants and enters into service contracts with consultants (Approved by City Council on July 11, 2005). 2. Consultants, in conjunction with City Staff and Developer, prepare the rate and method of apportionment for special tax, develop program of improvements, and establish community facilities district goals and guidelines for City (Completed). 3. City Council adopts resolutions of intention to form CFD and to authorize the incurrence of bonded indebtedness (Adopted by City Council on December 12, 2005). 2 CFD Public Hearing.CC Staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 4. After giving proper notice by mail and by publication, City Council holds public hearing and adopts resolutions forming district, authorizing issuance of debt, and calling election. With landowner consent, election is held at same City Council meeting in a landowner election. City Council then certifies results of election and passes first reading of ordinance levying the special tax (Actions requested this evening). 5. City Council adopts Ordinance Levying Special Tax, (anticipated to occur on February 13, 2006). 6. City Council approves "Resolution of Issuance" setting forth procedures for issuance of the CFD Bonds and approving as to form the financing and legal documents. (These actions are tentatively scheduled for April 24, 2006) 7. Bond Underwriter, in conjunction with City Staff and Consultants, designs bond solution to meet goals of City, and enters into purchase agreement to purchase bonds issued by the City. 8. Bonds close and funds become available for acquisition or construction of improvements. The public hearing, election and adoption of resolutions and introduction of an ordinance this evening is step 4 in the process. Key Personnel in formation of CFD 2005 -01 (Pacific Gateway Business Center): City Of Seal Beach: ❑ Lead City Liaison/Project Manager: Christy Teague, Senior Planner ❑ Director of Development Services: Lee Whittenberg ❑ Director of Public Works /City Engineer: Mark Vukojevic ❑ City Attorney: Quinn Barrow ❑ Bond Counsel: Robin Harris (Richards, Watson & Gershon) City Consultant Team: ❑ Financial Consultant: Jim Fabian, Principal (Fieldman, Rolapp, & Associates) ❑ Special Tax Consultant: Andrea Roess and Kim Vail (David Taussig & Associates) ❑ Disclosure Counsel Contact: Scott Ferguson (Jones Hall) ❑ Appraiser: Steve White ❑ Underwriter: Sara Oberlies (Stone & Youngberg) ❑ Fiscal Agent: Teresa Fructuoso (BNY Western Trust Company) CFD Public Hearing.CC Staff Report 3 r Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 Boeing Realty CFD Team: ❑ OMP Seal Beach LLP: Timur Tecimer ❑ Boeing Realty Corporation Point of Contact: Stephane Wandel ❑ Developers Consultant - Development Planning and & Financing Group, Inc. Contact: Jim Zimmerman ❑ Developer's Engineer - Tait & Associates Contact: Greg Stewart ❑ Developer's Counsel - Pillsbury Winthrop Shaw Pittman LLP Contact: Lewis Feldman Proposed Improvements to be completed through CFD 2005 -01: A. Offsite Improvements The CFD proposes to construct roadway improvements in conformance with the approved Specific Plan and Vesting Tentative Tract Map ( "VTTM "). Seal Beach Boulevard and Westminster Avenue will require median and landscape improvements, right turn lanes, traffic signal improvements, bus stop improvements, striping and signage and miscellaneous parkway improvements. Adolfo Lopez Drive will also be improved to a full -width street with curb, gutter and sidewalks. B. Onsite Roadway Improvements The CFD proposes to construct an interior street system that will be dedicated to the City by Tract No. 16375. The public streets to be constructed and dedicated are named as Apollo Drive, Apollo Court, and Saturn Way. C. Water Improvements The CFD proposes to construct water facilities to serve the project. Water supply is proposed to be looped through the site, with connections to existing mains in Seal Beach Boulevard and Westminster Avenue. This not only will serve the public safety of the project and its surrounding area, it will also increase the City's water system performance in the vicinity of the project. The new water facilities will also connect to the existing Boeing campus facilities that are not part of this CFD. D. Sewer Improvements The CFD proposes to construct sewer facilities including gravity pipelines, lift station and force mains to serve the proposed CFD and adjacent properties. The CFD includes a fair share portion of the new sewer lift station constructed to serve this property and the adjacent Hellman Ranch property. E. Dry Utilities The CFD proposes to construct regional dry utilities in Seal Beach Boulevard and Westminster Avenue by relocating overhead transmission poles and wires in CFD Public Hearing.CC Staff Report 4 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 Westminster Avenue as required to relocate street improvements. Relocating portions of the overhead wires and poles adjacent to the project, along the westerly boundary, are included. Also included are the onsite joint trench facilities and the streetlights along Seal Beach Boulevard and Westminster Avenue, as well as the interior streetlights. These facilities are to be constructed as a requirement of the Specific Plan and VTTM 16375. F. Landscape and Irrigation The CFD proposes to construct landscape improvements. The construction of these improvements is a requirement of the Specific Plan. These improvements will consist of landscaping and irrigation within the medians in Seal Beach Boulevard and Westminster Avenue. The CFD includes construction of landscape and irrigation within the parkways for Apollo Drive, Apollo Court, and Saturn Way as required by the Specific Plan. The scope and extent of each of these improvements remains to be finalized, depending on the amount of proceeds that will become available to the City as a result of bond issuance. Please refer to Attachment 1 to review the report on "City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) ", dated January 5, 2006 to review in more detail the following items related to this project: ❑ Project Description; ❑ Description and Estimated Cost of Proposed Facilities and Services; ❑ Bonded Indebtedness and Incidental Expenses; ❑ Rate and Method of Apportionment of the Special Tax; Boundaries of the Community Facilities District; and ❑ General Terms and Conditions. Attachment 2 is a map of the boundaries for Community Facilities District No. 2005 -01, Pacific Gateway Business Center, as approved by the City Council on December 12, 2005 and recorded on December 18, 2005 in the office of the County Recorder. Requested Actions by City Council: ❑ Conduct public hearing regarding the establishment of Community Facilities Districts No. 2005 -01, Pacific Gateway Business Center. ❑ Confirm that there is no majority protest of the landowner. ❑ Adopt a resolution of formation to establish Community Facilities District No. 2005 -01. ❑ Adopt a resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $10,000,000 for Community Facilities District No. 2005 -01. ❑ Adopt a resolution calling a special election within Community Facilities District No. 2005 -01. ❑ Hold special election and canvass the election. ❑ Adopt a resolution declaring the result of the special election in Community Facilities District No. 2005 -01, and approving certain related actions. CFD Public Hearing.CC Staff Report 5 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ❑ Approve the first reading by title only and subsequent adoption of an ordinance authorizing the levy of a special tax within Community Facilities District No. 2005 -01. If a majority protest is not received from the landowner prior to the conclusion of the public hearing, the public hearing will be closed and the City Council may adopt the following resolutions: a) Resolution No. , A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act in Connection Therewith, to Establish an Appropriations Limit Therefor, to Authorize Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof b) Resolution No. , A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) c) Resolution No. , A Resolution of the City Council of the City of Seal Beach Calling a Special Election within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) The City Clerk will have received from Overton Moore Properties LLC (the recent purchaser of the properties encompassed within Community Facilities District No. 2005- 01) waivers to permit the special election to be held at the conclusion of the public hearing. The City Clerk will then conduct the election and receive the voted ballots from Overton Moore Properties LLC. If a 2/3 vote in favor of the CFD is received from the landowner, the City Council may then take the following actions: ❑ Adopt Resolution No. , A Resolution of the City Council of the City of Seal Beach Declaring the Results of a Special Election in City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and Directing the Recording of a Notice of Special Tax Lien. ❑ Conduct first reading by title only and Introduce Ordinance No. , An Ordinance of the City Council of the City of Seal Beach Acting in its Capacity as the Legislative Body of City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Authorizing the Levy of a Special Tax within that District. CFD Public Hearing.CC Staff Report 6 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 Future Actions: The Council will be asked at a later date to adopt the ordinance providing for the levying of special taxes, and to approve resolutions to issue the bonds. FISCAL IMPACT: None. All staff time and incidental costs associated with the project will be billed to the developer, and the costs of the public facilities and consultants will be paid for with bond proceeds. The costs of the public improvements will be paid by the special tax levied against the property owners within Community Facilities District No. 2005 -01 (Pacific Gateway Business Center). RECOMMENDATION: 1. Conduct public hearing regarding the establishment of Community Facilities Districts No. 2005 -01, Pacific Gateway Business Center. 2. Confirm that there is no majority protest of the landowner. 3. Adopt a resolution of formation to establish Community Facilities District No. 2005 -01. 4. Adopt a•resolution determining the necessity to incur bonded indebtedness in an amount not to exceed $10,000,000 for Community Facilities District No. 2005 -01. 5. Adopt a resolution calling a special election within Community Facilities District No. 2005 -01. 6. Hold special election and canvass the election. 7. Adopt a resolution declaring the result of the special election in Community Facilities District No. 2005 -01, and approving certain related actions. 8. Approve the first reading by title only of an ordinance authorizing the levy of a special tax within Community Facilities District No. 2005 -01. NOTED AND APPROVED r e Whittenberg e Yo ya D irector of Development Se - es Assistant City Manager Attachments: (7) Attachment 1: Community Facilities District Report - Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), dated January 5, 2006 CFD Public Hearing.CC Staff Report 7 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 Attachment 2: Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) District Map Attachment 3: Resolution No. , A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act in Connection Therewith, to Establish an Appropriations Limit Therefor, to Authorize Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof Attachment 4: Resolution No. , A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Attachment 5: Resolution No. , A Resolution of the City Council of the City of Seal Beach Calling a Special Election within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Attachment 6: Resolution No. , A Resolution of the City Council of the City of Seal Beach Declaring the Results of a Special Election in City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and Directing the Recording of a Notice of Special Tax Lien Attachment 7: Ordinance No. , An Ordinance of the City Council of the City of Seal Beach Acting in its Capacity as the Legislative Body of City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Authorizing the Levy of a Special Tax within that District • CFD Public Hearing.CC Staff Report 8 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 1 COMMUNITY FACILITIES DISTRICT REPORT - COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER), DATED JANUARY 5, 2006 CFD Public Hearing.CC Staff Report 9 CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT No. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) January 5, 2006 COMMUNITY FACILITIES DISTRICT REPORT MELLO -ROOS COMMUNITY FACILITIES ACT OF 1982 CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) Prepared for Prepared by CITY OF SEAL BEACH DAVID TAUSSIG & ASSOCIATES, INC. 211 Eighth Street 1301 Dove Street, Suite 600 Seal Beach, CA 90740 Newport Beach, CA 92660 (949) 955 -1500 • TABLE OF CONTENTS Section PaRe I. INTRODUCTION ' 1 H. PROJECT DESCRIPTION 2 • III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES AND SERVICES 3 A. Description of Proposed Public Improvernents 3 B. Estimated Cost of Proposed Public Improvements 3 C. Description of Proposed Services 4 D. Estimated Cost of Proposed Services 5 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES 6 A. Projected Bond Sales 6 B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness 6 C. Incidental Expenses to be Included in the Annual Levy of Special Taxes 6 V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX 7 A. Explanation for Special Tax Apportionment 7 B. Maximum Special Tax Rates 8 C. Backup Special Tax A 8 D. Accuracy of Information 9 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT 10 VII. GENERAL TERMS AND CONDITIONS 11 A. Substitution Facilities and Services 11 B. Appeals 11 C. Prepayment 1 EXHIBITS Exhibit A Rate and Method of Apportionment Exhibit B Assigned Special Tax A for Developed Property Exhibit C Maximum Special Tax A for Undeveloped Property, Taxable Public Property and Taxable Property Owner Association Property Exhibit D Maximum Special Tax B for Developed Property and Undeveloped Property Exhibit E Boundary Map I. INTRODUCTION WHEREAS, the City Council of the City of Seal Beach (hereinafter referred to as the "Council ") did, pursuant to the provision of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act "), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed community facilities district. This community facilities district being Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) shall hereinafter be referred to as: "CFD No. 2005-01"; and, WHEREAS, A Resolution of Intention of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and to Authorize the Levy of a Special Tax within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (hereinafter referred to as the "Resolution of Intention ") did direct that said Report generally contain the following: 1. A brief description of the Facilities and Services which will be required to adequately meet the needs of CFD No. 2005 -01; and 2. An estimate of the fair and reasonable cost of financing the Facilities and Services. NOW, THEREFORE, the authorized representative of the City of Seal Beach and the appointed responsible officer has caused the Report to be prepared by David Taussig & Associates, Inc. and does hereby submit the Report. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 1 II. DISTRICT DESCRIPTION CFD No. 2005 -01 encompasses approximately 44.938 acres of land in the City of Seal Beach, all of which are expected to be developed into uses subject to a Mello -Roos special tax levy. At buildout, the property within CFD No. 2005 -01 is anticipated to be developed with 830,000 square feet of non - residential buildings. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 2 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES AND SERVICES A. Description of Proposed Public Improvements A community facilities district may provide for the purchase, construction, expansion or rehabilitation of any real or tangible property, including public facilities and infrastructure improvements, with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring within the community facilities district. In addition, a community facilities district may pay in full all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the community facilities district. The facilities described in this Report are all facilities which the legislative body creating CFD No. 2005 -01 is authorized, pursuant to an agreement meeting the requirements of Section 53316.2 of the Act or otherwise to own, construct, or finance, and which are required to adequately meet the needs of CFD No. 2005 -01. The actual facilities described herein are those currently expected to be required to adequately meet, in part, the needs of CFD No. 2005 -01. Because the actual needs of CFD No. 2005 -01 arising as development progresses therein may differ from those currently anticipated, CFD No. 2005 -01 reserves the right to modify the actual facilities proposed herein to the extent CFD No. 2005 -01 deems necessary, in its sole discretion to meet those needs. The Special Taxes' required to pay for the construction or financing of said facilities will be apportioned as described in the Rate and Method of Apportionment of the Special Tax for CFD No. 2005 -01. B. Estimated Cost of Proposed Public Improvements The facilities and the estimated costs herein are subject to review /confirmation. The costs listed in Table 1 below are estimates only, based upon current construction estimates and actual costs may differ from those estimates herein. The improvements and facilities consist primarily of public improvements with a useful life of not less than five years including, but not limited to, (i) looped water system with connections to existing mains in Seal Beach Boulevard and Westminster Avenue and including water mains, fittings, laterals, fire hydrants, valves and tees; (ii) sewer facilities including gravity pipelines, manholes, a lift station, and force mains; (iii) roadway facilities including, but not limited to, right of way, excavation, signing and striping, access ramps, grading, pavement, median and parkway landscaping, irrigation and improvements, storm drains, catch basins, manhole outlet structures, right turn lanes, construction and upgrade of traffic signal improvements, curbs and gutters, sidewalks, and the streetlights along Seal Beach Boulevard, Westminster Avenue, North Apollo Drive, Apollo Court, South Apollo Drive, Saturn Way, 'All capitalized terms used herein, unless otherwise indicated, shall have the meanings defined in the Rate and Method of Apportionment. City of Seal Beach January 5, 2006 • • CFD No. 2005-01 (Pacific Gateway Business Center) Page 3 and Adolfo Lopez Drive, as well as the interior streetlights; (iv) dry utility improvements and joint trench facilities serving real property within CFD No. 2005 -01; (v) landscape and irrigation improvements within the medians for Seal Beach Boulevard and Westminster Avenue, as well as within the parkways for Apollo Drive, Apollo Court, and Saturn Way; and (vi) sewer, water, park, storm drain, and transportation improvements to be funded through development fees charged by the City of Seal Beach in connection with the development of real property within CFD No. 2005 -01. The estimated costs of the facilities are shown in Table 1 below. TABLE 1 $. 's':•a • ':� `�`r t:.:•. •Y •.z -. ,• r t�`:v s. �s • {3^��r g . -- .- Eacihties Iinproyements t a = Est ma ed::Cost� :. ...... s'a ,: =.... - •as v _.. . :.s y$, ..':? °ys.• .' ... ' '`� x ,$ . ... :=fit•.. Sanitary Sewer Facilities . $725,245 Water Facilities $573,550 • Roadway Facilities $6,946,107 Landscape and Irrigation $969,717 Dry Utilities and Joint Trench $382,916 Development Fees $2,415,000 Consultant Costs $1,000,000 Subtotal $13,012,535 Contingency (Excluding Fees) $1,059,754 Project Inspection $500,000 Project Management $600,000 -,, r"'::." � . :s>. s'• i's,_: .'u ..i'? 3= - - :W' •q "s • a ;Total -Estim to `°`� ° • - C _'- E' µms' k n ; ; , a' c1 =Facilities' Costs l nc id ental Tx eases 1 v $5` 17.•2 2891* The estimated facilities cost is higher than the authorized bond amount, therefore, not all of the facilities will be funded through CFD No. 2005 -01. C. Description of Proposed Services CFD No. 2005 -01 will finance the maintenance of parks, parkways and open spaces. The services described in this Report are all services which the legislative body creating CFD No. 2005 -01 is authorized to maintain, and which are required, in part, to adequately meet the needs of CFD No. 2005 -01 as currently proposed. Because the actual needs of CFD No. 2005- 01, arising as development progresses therein, may differ from those currently anticipated, CFD No. 2005 -01 reserves the right to modify the actual services proposed herein to the extent CFD No. 2005 -01 deems necessary, in its sole discretion to meet those needs. The special taxes required to pay for the maintenance of said services will be apportioned as described in Section C.2 of the Rate and Method of Apportionment for CFD No. 2005 -01. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 4 D. Estimated Cost of Proposed Public Services CFD No. 2005 -01 is intended to fund a portion of the costs of maintaining parks, parkways, and open space on Seal Beach Boulevard and Westminster Avenue which will benefit property within CFD No. 2005 -01. It is expected that CFD No. 2005 -01 will fund approximately $83,892 of such costs annually, which will escalate two percent annually. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 5 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES A. Projected Bond Sales The maximum authorized bonded indebtedness for . CFD No. 2005 -01 is $10,000,000. It is anticipated that CFD No. 2005 -01 will sell one bond issue with a term of 30 years in the spring of 2006. B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. For the bonds proposed to be issued by CFD No. 2005 -01, the reserve fund is estimated at approximately 10.00 percent of the principal amount of the bonds, and capitalized interest is estimated at approximately 6.13 percent of the principal amount of the bonds. Incidental bond issuance expenses of 5.00 percent are estimated for the bonds. C. Incidental Expenses to be Included in the Annual Lew of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, completion, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 2005 -01 may vary, it is anticipated that the amount of special taxes which can be collected will be sufficient to fund at least $50,000 in annual administrative expenses, escalating at two percent per year. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 6 V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX All of the property located within CFD No. 2005 -01, unless exempted by law or by the Rate and • Method of Apportionment, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 2005 -01. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit A, the adopted Rate and Method of Apportionment provides information sufficient to allow each property owner within CFD No. 2005 -01 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A. and B,- below, provide additional information on the Rate and Method of Apportionment of the Special Tax for CFD No. 2005 -01. A. Explanation for Special Tax Apportionment When a community facilities district is formed, a Special Tax may be levied on each parcel of • taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by CFD No. 2005 -01. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis. When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square 'footage, acreage, and land use are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix, and are reflective of the proposed land use types within that community facilities district. Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate. The Act does not require that Special Taxes be apportioned to individual parcels based on benefit received. However, in order to insure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 2005 -01. The major assumption inherent in the Special Tax rates set forth in the Rate and Method of Apportionment is that the level of benefit received from the proposed public improvements is a function of the acreage of the Assessor's Parcel. This assumption is borne out through an examination of commonly accepted statistical measures for public facility usage. For example, in measuring average weekday vehicle trip -ends, the Institute of Transportation Engineer's Trip Generation manual identifies land use as the primary determinant of trip -end magnitude. Larger parcels typically generate a greater number of trip -ends than do smaller parcels, and therefore, will tend to receive more benefit from road improvements. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 7 In addition, larger parcels typically generate a greater number of "Person Hours," or the number of hours per week that employees associated with a specific type of land use could potentially use park facilities. Another example is sewer treatment costs, which are based on plant capacity to treat biochemical oxygen demand (BOD), suspended solids (SS), and the flow rate. Other variables for water and sewer requirements include storage and fire flow requirements, as well as the number of bathrooms and fixture units, which tends to vary with the size of the lot and the size of the building. The Special Taxes on Developed Property within CFD No. 2005 -01 will be determined based on the acreage of the Assessor's Parcel. Based on the types of public facilities and services that are proposed for CFD No. 2005 -01 and the factors described above, the Special Taxes assigned to Developed Property are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 2005 -01 can be considered fair and reasonable. B. Maximum Special Tax Rates Exhibit B lists the Assigned Special Tax A that may be levied against Developed Property within CFD No. 2005 -01. Exhibit C lists the FY 2006 -07 Maximum Special Tax A that may be levied against Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property within CFD No. 2005 -01. The Special Tax A on Developed .Property cannot exceed the rates shown in Exhibit B, except when the Backup Special Tax is used as discussed in Section C below. On each July 1, commencing July 1, 2007, the Assigned Special Tax A for Developed Property and the Maximum Special Tax A for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property will increase at a rate of two percent of the amount in effect for the previous fiscal year. Exhibit D lists the FY 2006 -07 Maximum Special Tax B that may be levied against Developed Property and Undeveloped Property within CFD No. 2005 -01. No Special Tax B shall be levied on an Assessor's Parcel classified as Taxable Property Owner Association Property or . Taxable Public Property. On each July 1, commencing July 1, 2007, the Maximum Special Tax B for Developed Property and Undeveloped Property will increase at a rate of two percent of the amount in effect for the previous fiscal year. Each year the Special Tax A and Special Tax B shall be levied subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment, in an amount sufficient to meet the Special Tax Requirement for Facilities and the Special Tax Requirement for Services, respectively. C. Backup Special Tax A Pursuant to the Rate and Method of Apportionment, the Maximum Special Tax A for Developed Property is the greater of (i) the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. The Fiscal Year 2006 -07 Backup Special Tax A City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 8 is equal to $14,997.06 per acre. The Backup Special Tax A will increase at a rate of two percent per year commencing July 1, 2007. Under certain circumstances, the Special Tax A for some parcels classified as Developed Property will be increased above the Assigned Special Tax A shown in Exhibit B until the Special Tax Requirement for Facilities is met. However, under no circumstances will the Special Tax A on an Assessor's Parcel of Developed Property be increased above the greater of the Backup Special Tax A or the applicable Assigned Special Tax A. D. Accuracy of Information In order to establish the Maximum Special Tax rates for Developed Property as set forth in the Rate and Method of Apportionment for CFD No. 2005 -01, David Taussig and Associates, Inc. has relied on information including, but not limited to, acreage, absorption, and land -use types, which were provided to David Taussig and Associates, Inc., by others. David Taussig and Associates, Inc. has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No. 2005 -01, including the inability to meet the financial obligations of CFD No. 2005 -01. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 9 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT The boundaries of CFD No. 2005 -01 include all land on which the Special Taxes may be levied. A map showing the boundaries of CFD No. 2005 -01 is provided as Exhibit E. City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 10 VII. GENERAL TERMS AND CONDITIONS A. Substitution Facilities and Services The description of the public facilities and services, as set forth herein, are general in their nature. The final nature and location of improvements, facilities, and services will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. B. Appeals 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 ifthe 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. C. Prepayment The Special Tax A applicable to an Assessor's Parcel in CFD No. 2005 -01 may be prepaid according to the prepayment provisions in the Rate and Method of Apportionment. The Special Tax B may not be prepaid. K: \CLIENTS2 \Seal Beach\mello \efd2005- 1 \docs \CFD RPT 2 doc City of Seal Beach January 5, 2006 CFD No. 2005 -01 (Pacific Gateway Business Center) Page 11 EXHIBIT A CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) RATE AND METHOD OF APPORTIONMENT RATE AND METHOD OF APPORTIONMENT FOR CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) ( "CFD No. 2005 -01 ") and collected each Fiscal Year commencing in Fiscal Year 2006 -2007, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property," " Property Owner Association Property," " Public Property," and "Undeveloped Property" as described below. All of the real property in CFD No. 2005 -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: "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 land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. "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. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2005 -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. 2005 -01 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2005 -01 or any designee thereof of complying with City, CFD No. 2005 -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. 2005 -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. 2005 -01 for any other administrative purposes of CFD No. 2005 -01, including 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 on an Assessor's Parcel Map with an assigned Assessor's Parcel number. City of Seal Beach December 6, 2005 Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 1 "Assessor's Parcel Map" means an map of the Assessor of the County designating parcels by Assessor's Parcel number. - • "Assigned Special Tax A" means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1 below. "Backup Special Tax A" means the Special Tax A applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C.1 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 CFD No. 2005 -01 under the Act. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for Facilities and the Special Tax Requirement for Services, and providing for the levy and collection of the Special Taxes. "CFD No. 2005 -01" means City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center). "City" means the City of Seal Beach. "Council" means the City Council of the City, acting as the legislative body of CFD No. 2005 -01. "County" means the County of Orange. "Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of Property Owner Association Property, or Public Property, for which a building permit for new construction was issued after January 1, 2005 and as of March 1 of the previous 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. "Maximum Special Tax" means the Maximum Special Tax A and/or Maximum Special Tax B, as applicable. "Maximum Special Tax A" means the Maximum Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Maximum Special Tax B" means the Maximum Special Tax B, determined in accordance with Section C.2 below, that can be levied in any Fiscal Year on any Assessor's Parcel. City of Seal Beach December 6, 2005 Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 2 • "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Indenture. "Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2005 -01 that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub - association, as of January 1 of the previous Fiscal Year. "Proportionately" means for Developed Property that the ratio of the actual Special Tax A levy to the Assigned Special Tax A is equal for all Assessor's Parcels of Developed Property • and that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is equal for all Assessor's Parcels of Undeveloped Property and that ratio of the actual Special Tax B levy per Acre to the Maximum Special Tax B per Acre is equal for all Assessor's Parcels of Undeveloped Property. For Public Property and Property Owner Association Property, "Proportionately" means that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is equal for all Assessor's Parcels of Public Property and Property Owner Association Property, as applicable. "Public Property" means, for each Fiscal Year, any property within CFD No. 2005 -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. "Special Tax" means the Special Tax A and/or Special Tax B, as applicable. "Special Tax A" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property, Undeveloped Property, Property Owner Association Property, and Public Property to fund the Special Tax Requirement for Facilities. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement for Services. "Special Tax Requirement for Facilities" means that amount required in any Fiscal Year for CFD No. 2005 -01 to: (i) pay 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 a portion of the Administrative Expenses as determined by the CFD Administrator; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; and (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (vi) a City of Seal Beach December 6, 2005 Community Facilities District No. 2005-01 (Pac f c Gateway Business Center) Page 3 credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator pursuant to the Indenture. "Special Tax Requirement for Services" means that amount required in any Fiscal Year for CFD No. 2005 -01 to: (i) pay directly for maintenance of parks, parkways, and open space benefiting property within. CFD No. 2005 -01; (ii) pay a portion of the Administrative . Expenses as determined by the CFD Administrator; less (iii) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2005 -01 which are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Property Owner Association Property, or Public Property. B. ASSIGNMENT TO LAND USE CATEGORIES _ _.. _ Each Fiscal Year, all Taxable Property within CFD No. 2005 -01 shall be classified as Developed Property, Property Owner Association Property, Public 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 RATE 1. Special Tax A a. Developed Property (1) Maximum Special Tax A The Maximum Special Tax A 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 A or (ii) the amount derived by application of the Backup Special Tax A. (2) Assigned Special Tax A The Fiscal Year 2006 -2007 Assigned Special Tax A shall equal $12,352.20 per Acre. City of Seal Beach December 6, 2005 Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 4 (3) Backup Special Tax A The Fiscal Year 2006 -2007 Backup Special Tax A shall equal $14,997.06 per Acre. (4) Increase in the Assigned Special Tax A and Backup Special Tax A On each July 1, commencing on July 1, 2007, the Assigned Special Tax A and the Backup Special Tax A shall be increased by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. b. Undeveloped Property, Property Owner Association Property, and Public Property (1) Maximum Special Tax A The Fiscal Year 2006 -2007 Maximum Special Tax A for Undeveloped Property, Property Owner Association Property, and Public Property shall equal $15,189.84 per Acre. (2) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2007, the Maximum Special Tax A for Undeveloped Property, Property Owner Association Property, and Public Property shall be increased by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. 2. Special Tax B a. Developed Property (1) Maximum Special Tax B The Fiscal Year 2006 -2007 Maximum Special Tax B shall equal $2,369.46 per Acre. (2) Increase in the Maximum Special Tax B On each July 1, commencing on July 1, 2007, the Maximum Special Tax B for Developed Property shall be increased by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. City of Seal Beach December 6, 2005 Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 5 b. Undeveloped Property (1) Maximum Special Tax B The Fiscal Year 2006 -2007 Maximum Special Tax B shall equal $2,369.46 per Acre. (2) Increase in the Maximum Special Tax B On each July 1, commencing on July 1, 2007, the Maximum Special Tax B for Undeveloped Property shall be increased by an amount equal to two percent (2 %) of the amount in effect for the previous Fiscal Year. c. Property Owner Association Property and Public Property No Special Tax B shall be levied on an Assessor's Parcel classified as Property Owner Association Property or Public Property. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX _ -- _ 1. Special Tax A Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Facilities and shall levy the Special Tax A as follows: First: The Special Tax A shall be Proportionately levied on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax A as needed to satisfy the Special Tax Requirement for Facilities; Second: If additional monies are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of • the Maximum Special Tax A for Undeveloped Property; • Third: If additional monies are needed to satisfy the Special Tax A Requirement for Facilities after the first two steps have been completed, then the levy of the Special Tax A on each Assessor's Parcel of Developed Property whose Maximum Special Tax is determined through the application of the Backup Special Tax A shall be increased in equal percentages from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor's Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement for . Facilities after the first three steps have been completed, then the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Property Owner Association Property and Public Property at up to the Maximum Special Tax A for Property Owner Association Property or Public Property. City of Seal Beach December 6, 2005 Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 6 2. Special Tax B Commencing with Fiscal Year 2006 -2007 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax B as follows: First: The Special Tax B shall be Proportionately levied on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax B as needed to satisfy the Special Tax Requirement for Services; Second: If additional monies are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax B for Undeveloped 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 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 CFD No. 2005- 01. E. EXEMPTIONS 1. Special Tax A Public Property and Property Owner Association Property are not exempt from the Special Tax. 2. Special Tax B No Special Tax B shall be levied on Public Property and Property Owner Association Property. _ F. 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 City of Seal Beach December 6, 2005 Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 7 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. G. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2005 -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. H. PREPAYMENT OF SPECIAL TAX A • The following definition applies to this Section H: "CFD Public Facilities Cost" means either $7.7 million in 2005 dollars, which shall increase by the Construction Inflation Index on July 1, 2006, 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. 2005 -01 under the authorized bonding program for CFD No. 2005 -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. "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. "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. 2005 -01 prior to the date of prepayment. City of Seal Beach December 6, 2005 Community Facilities District No. 2005-01 (Pacific Gateway Business Center) Page 8 • 1. Prepayment in Full • The obligation of an Assessor's Parcel to pay the Special Tax A may be prepaid and permanently satisfied as described herein; provided that a prepayment may be made only for Assessor's Parcels for which 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 A 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 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 Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount 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 Maximum Special Tax A for the Assessor's Parcel to be prepaid. For all other Assessor' s Parcels, compute the Maximum Special Tax A for that Assessor's Parcel as though it was designated as Developed Property. 3. Divide the Maximim Special Tax A computed pursuant to paragraph 2 by the total estimated Maximum Special Tax A for the entire CFD No. 2005 -01 based on the Developed Property Special Tax A which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 2005 -01, excluding any Assessor's Parcels which have been prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount "). City of Seal Beach December 6, 2005 Community Facilities District No. 2005-01 (Pacific Gateway Business Center) Page 9 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 quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Amount "). 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 Tax A 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 "). 12. Verify the administrative fees and expenses of CFD No. 2005 -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. The reserve fund credit ( "Reserve Fund Credit ") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. • 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 quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest . Credit "). City of Seal Beach December 6, 2005 Community Facilities District No. 2005-01 (Pacific Gateway Business Center) Page 10 15. The Special Tax A 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 "). 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. 2005 -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. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax A 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 Tax A and the release of the Special Tax A lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax A shall cease. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property within CFD No. 2005 -01 both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. The Special Tax B may not be prepaid. 2. Prepayment in Part The Special Tax A on an Assessor's Parcel 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 — A)xF +A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax A . A = the Administration Fees and Expenses from Section H.1 • City of Seal Beach December 6, 2005 • Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) Page 11 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 A and the percentage by which the Special Tax A 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 A 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.1, and (ii) indicate in the records of CFD No. 2005 -01 that there has been a partial prepayment of the Special Tax A and that a portion of the Special Tax A with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax A, shall continue to be levied on such Assessor's Parcel pursuant to Section D. TERM OF SPECIAL TAX The Special Tax A shall be levied for the period necessary to fully satisfy the Special Tax Requirement for Facilities, but in no event shall it be levied after Fiscal Year 2046 -47. The Special Tax B shall be levied as long as necessary to meet the Special Tax Requirement for Services. 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O C N > U C m a O` - 0 N O 0 o m = N o o . c cow .-= v .' 1— o N co C c N c 'O' ' C= N N yv 0) • :: ' O j O co O m ., N ' -0 O_c , Y N 7 o �. co N C v a c O • c ' X N c- v o c..) 1 • � rn uj" o >o3 wo 0 0 ooC O O �^ Z U O O U N . 0 a IV co 0 4.- m la v 9. O O O 4- 63 - E O 0 0 W 1 0 J .- Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 EXHIBIT B MITIGATION MONITORING AND REPORTING PLAN — BOEING SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT (SCH 2002031015) JULY 28, 2003 21 CFD Public Hearing.CC Staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 Seal Beach Blvd. Westminster Avenue Adolfo Lopez Drive Dry Utilities and Joint Trench. Regional dry utilities will be constructed in Seal Beach Boulevard and Westminster Avenue by relocating overhead transmission poles and wires in Westminster Avenue as required to relocate street improvements. Relocating portions of the overhead wires and poles adjacent to the project, along the westerly boundary, are included. Also included are the onsite joint trench facilities. Landscape and Irrigation. Landscape improvements include the installation and construction of landscaping and irrigation within the medians in Seal Beach Boulevard and Westminster Avenue and within the parkways for Apollo Drive, Apollo Court and Saturn Way. Services The services to be financed include maintenance of parks, parkways and open space on Seal Beach Boulevard and Westminster Avenue within or benefiting the District. * * * * • CFD Public Hearing.CC Staff Report 20 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) -City Council Staff Report January 23, 2006 EXHIBIT A DESCRIPTION OF FACILITIES AND SERVICES The facilities (the "Facilities ") and services (the "Services ") described below are proposed to be financed by Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District ") of the City of Seal Beach (the "City). The cost of the Facilities and Services shall include Incidental Expenses, including the costs associated with forming the District, issuance of bonds (Facilities only), determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, any other expenses, incidental to the construction, completion and inspection of the authorized work and the attributable costs of engineering and inspection. The Facilities shall be constructed, whether or not acquired in their completed states, pursuant to plans and specifications approved by the City and the officials thereof. The Facilities include, but shall not be limited to, the facilities listed below, and other facilities of the same type or types may be substituted in the place of one or more of the specific facilities listed below, together with all appurtenances and appurtenant work, such as related clearing and grubbing, grading, and any removal or temporary signage or markings related thereto. The final nature and location of the Facilities will be determined upon the preparation of final plans and specifications for such Facilities. The Facilities may include facilities financed pursuant to public agency development impact fees. Facilities Sanitary Sewer Facilities. The sewer facilities include gravity pipelines, manholes, lift station and force mains. Water Facilities. Water supply is proposed to be looped through the site, with connections to existing mains in Seal Beach Boulevard and Westminster Avenue and include water mains, fittings, laterals, fire hydrants, valves and tees. Roadway Facilities. (including, but not limited to, right of way, excavation, signing and striping, access ramps, grading, pavement, median and parkway landscaping, irrigation and improvements, storm drains, catch basins, manholes outlet structures, right turn lanes, construction and upgrade of traffic signal improvement, curbs and gutters and sidewalks and the streetlights along Seal Beach Boulevard and Westminster Avenue, as well as the interior streetlights. North Apollo Drive Apollo Court South Apollo Drive Saturn Way CFD Public Hearing.CC Staff Report 19 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 California Elections Code and the voted ballots shall be returned to the City Clerk immediately following adoption of a resolution calling the special election. The election shall be closed when the qualified electors have voted, but not later than 10:30 p.m. on January 23, 2006. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this day of , 2006. 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, do hereby certify that the foregoing Resolution was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of 2006 by the following vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members City Clerk CFD Public Hearing.CC Staff Report 18 • Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 not later than the date on which an occupancy permit for private residential use is issued. 9. Notice of Special Tax Lien. Upon recordation of a notice of special tax lien with respect to the District pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the District, and this lien shall continue in force and effect until collection of the Special Tax by the City Council ceases. 10. Appropriations Limit. An appropriations limit for the District is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population. 11. Preparation of Annual Roll. The then current Director of Finance, 211 Eighth Street, Seal Beach, California 90740, telephone number (562) 431- 2527, is designated to be responsible for preparing annually, or authorizing a designee to prepare, a current roll of Special Tax levy obligations by assessor's parcel number and for estimating future Special Tax levies pursuant to Section 53340.2 of the Act. 12. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the District of the Special Tax described in Section 8 above: a) Such Special Tax shall be levied for the specific purposes set forth in Section 8(a) hereof. b) The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth in Section 8(a) hereof. c) The District shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited. d) The City Manager, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. 13. Election. The proposition related to the incurring of the bonded indebtedness and the proposition relating to the levy of the Special Tax shall be combined into one ballot proposition, and shall be submitted to the qualified voters of the District, together with a proposition to establish an appropriations limit for the District. The election shall be held on January 23, 2006 in the City Council Chambers, 211 Eighth Street, Seal Beach, California 90740. Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot in accordance with the CFD Public Hearing.CC Staff Report 17 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 7. No Majority Protest. The City Council hereby finds that written protests against the establishment of the District, against the furnishing of a specified type of Facility or Service to serve the District, or against the levying of a specified special tax within the District have not been filed by any property owner or registered voter within the boundaries of the District. Therefore, the City Council finds and declares that the special tax to be levied in the District has not been precluded by majority protest pursuant to Section 53324 of the Act. 8. Special Tax. a) Except where funds are otherwise available to pay for the Facilities, the Services and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities and Services, a special tax (the "Special Tax ") is hereby authorized, subject to approval by two- thirds of the votes cast within the District, to be levied annually in accordance with the procedures of the Act within the boundaries of the District sufficient to pay for the costs thereof, including incidental expenses. The Special Tax will be secured by recordation of a continuing lien against all non - exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collected, or in such other manner as may be provided by the City Council including, without limitation, direct billing of the affected property owner, and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applicable for ad valorem property taxes. In the first year in which the Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. b) In the case of any Special Tax to pay for the Facilities and Services to be levied against any parcel used for private residential purposes: (i) the maximum Special Tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes and which amount shall not be increased over time over two percent per year; (ii) the tax year after which no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in the Rate and Method attached as Exhibit B to the Resolution of Intention to Establish District; and (iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the District by more than ten percent. For the purposes hereof, a parcel is used for "private residential purposes" 16 CFD Public Hearing.CC Staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 in the Orange County Recorder's office in Book 91, Pages 20 and 21 of Maps of Assessment and Community Facilities Districts. The Map is hereby approved and incorporated herein by reference. 5. Facilities and Services. The type of Facilities and Services proposed to be provided to serve the District and to be financed under the Act shall consist of those Facilities and Services set forth on Exhibit A and incorporated herein by reference. The City Council hereby finds that the proposed Facilities and Services are necessary to meet increased demands placed upon the City as a result of development occurring in the District. 6. CEOA. a) The City Council, as the lead agency for the Project pursuant to CEQA, has considered the FEIR prepared for the Project and the testimony received during the District formation proceedings. b) The City Council hereby finds, in its independent judgment after considering all relevant evidence in the record of proceedings for the Project, including without limitation the information set forth in the previously certified FEIR and the initial study, finds that the FEIR adequately considered and analyzed the Facilities and Services contemplated to be constructed by the District and the potential environmental effects associated therewith. Therefore, the City Council finds that the Project will not have a significant environmental effect, with the implementation of the mitigation measures previously adopted by the City. c) The City Council finds, based on the FEIR, that the Project has the potential for adverse effects on wildlife resources, but that all such potential impacts are mitigated to less than significant levels by adoption of mitigation measures. d) The City Council hereby adopts the Mitigation Monitoring and Reporting Plan for the proposed Project, attached hereto as Exhibit B and incorporated herein by reference, which plan sets forth those mitigation measures adopted by the City that are applicable to the construction of the Facilities. Further, the City Council hereby adopts, as conditions of proceeding with the Facilities, the mitigation measures set forth in the Mitigation Monitoring and Reporting Program. e) The City Council hereby directs staff to prepare a Notice of Determination and file that Notice with the County Clerk in accordance with Section 15075(d) of the California Environmental Quality Act Guidelines. The City Council further directs staff to pay the appropriate Fish and Game filing fee with the County Clerk at the same time as the Notice of Determination is filed. CFD Public Hearing.CC Staff Report 15 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 more of any registered voters residing within the territory of the District or property owners of one -half of more of the area of land within the District and not exempt from the levy of the special tax; and WHEREAS, the City considered applications for the development project known as Pacific Gateway Business Center (the "Project "), which contemplated construction of the Facilities and Services described in Exhibit A attached hereto and incorporated herein by this reference. The City, pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq., and the State of California CEQA Guidelines, 14 Cal Code Regs. 15000 et seq.; collectively "CEQA ") acting as the lead agency for the Project, certified a Final Environmental Impact Report (the "FEIR "), and incorporated all mitigation measures into the conditions of approval for the Project. The FEIR, also known as State Clearinghouse No. 2002031015, and the Project's conditions of approval identify the mitigation measures necessary to mitigate potential environmental impacts associated with development of the Project to less than significant levels. The scope of the Project included financing the Facilities and Services. The City concluded that the Project would not result in any significant adverse environmental impacts with the implementation of certain mitigation measures; and WHEREAS, City, in its independent judgment, considered the FEIR, previously prepared and certified by the City for the Pacific Gateway Business Center Project prior to reaching any determination regarding the establishment of the District; and WHEREAS, the City Council desires to proceed with the establishment of the District and to make the necessary findings to incur the bonded indebtedness. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH: 1. Recitals. The above recitals are all true and correct. 2. Finding of Validity. Pursuant to Section 53325.1(b) of the Act, the City Council finds and determines that all of the proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifically, the provisions of the Act. 3. Name of District. The City Council hereby establishes and declares the formation of a community facilities district pursuant to the Act to be designated "City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)." 4. Boundaries of District. The exterior boundaries of the District are shown on the map entitled "Proposed Boundaries of City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), County of Orange, State of California" (the "Map ") and recorded 14 CFD Public Hearing.CC Staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 Method ") is on file in the office of the City Clerk of the City and is incorporated herein by reference; and WHEREAS, the City Council has previously adopted Resolution No. 5416 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Incur Bonded Indebtedness Within Proposed City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Incur Bonded Indebtedness ") stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds for the District in maximum aggregate principal amount of $10,000,000 to finance the cost of Facilities; and WHEREAS, the Resolution of Intention to Establish District and Resolution of Intention to Incur Bonded Indebtedness set January 23, 2006 as the date of a public hearing on the establishment of .the District, the extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax within the District, and the proposed debt issue; and WHEREAS, a notice of the public hearing was published and was mailed to all landowners proposed to be included in the District in accordance with the Act; and WHEREAS, prior to the date of the public hearing there was filed with the City Council a report containing a description of the Facilities and Services necessary to adequately meet the needs of the District and an estimate of the cost of financing such Facilities and Services as required by Section 53321.5 of the Act (the "Report"); and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the establishment of the District, the extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issue were heard and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax, and the incurrence of bonded indebtedness therein; and WHEREAS, written protests with respect to the establishment of the District, the extent of the District, and the furnishing of Facilities and Services to serve the District have not been filed with the City Clerk by fifty percent or more of any registered voters residing within the territory of the 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 special tax proposed to be levied in the District to pay for the costs of the Facilities and Services has not been eliminated by protest by fifty percent or CFD Public Hearing.CC Staff Report 13 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 RESOLUTION NO. of 4(25 A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER), TO MAKE ENVIRONMENTAL FINDINGS WITH RESPECT THERETO PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF RECITALS: WHEREAS, the City Council (the "City Council ") of the City of Seal Beach, California (the "City "), has previously adopted Resolution No. 5415 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and to Authorize the Levy of a Special Tax within City of Seal Beach Community Facilities District No.. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Establish District ") stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (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 fmance certain public facilities (the "Facilities ") and services (the "Services ") to serve the District; and WHEREAS, a copy of the Resolution of Intention to Establish District setting forth a description of the proposed boundaries of the District, the Facilities and Services . to be financed by the District, including incidental expenses, and the rate and method of apportionment of the special tax proposed to be levied within the District (the "Rate and CFD Public Hearing.CC Staff Report 12 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 3 RESOLUTION NO. � , A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO ESTABLISH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER), TO MAKE ENVIRONMENTAL FINDINGS WITH RESPECT THERETO PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF 11 CFD Public Hearing.CC Staff Report b••• 41 C. 2t • 0 'O , 2 O . -13 es en to C O O O 66 N _9 C E O m 4f 4- L rl O L 1J 0.0 O H 7 vi N as - "a • a, •.1 CO m 4 17 C> .--1 -1 3.. 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(V ) T Public Wearing— Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 2 COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) DISTRICT MAP CFD Public Hearing.CC Staff Report 10 r 5Y 6 11 P4 Z { l y R n d O .--1 2 . lo 0 N O f0 0 0 c0 y L 0 O O y � L 0 , r CD 40 L 1J Q C O 00 7 • N CIO @ . - H C m l0 9 LO In L •--1 r1 T U 4. +- + 10 O -'• IT+ ID Q N C 0) 4- • Z ..-4 V O U CI' m d o m L � m 0 f0 d�Q4. z =,,� Q' �� ro o o� L L1 m c - C4 � ` L . N d ' ^ 7 p R1 1.- V m EO� t C% 4 � � is . ,* . , a '' J ar c � � 0 cm a c L a. N � W. 3 CM O C v) �°omw 0 CC o N W 41);.; y-a 4 ' ' ° E 1 1- t ,ua 1 • y O M O t 1 O W "' o O Z V c d a 1 a y E O W Q y z CD C • 2a � p J ' Na) 0 • z ,= W LL Q • ill m CO y ›. p G) • D.OH W !-O / . LU V��Nf -� W CL. 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C 4 c I W 1i O � oU • ' X 0 N L U) >e W L+-I LLO� J -U , 2 V , T • EXHIBIT E CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) BOUNDARY MAP EXHIBIT D CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) MAXIMUM SPECIAL TAX B FOR DEVELOPED PROPERTY AND UNDEVELOPED PROPERTY Description Fiscal Year 2006 -07 Maximum Special Tax B [1] Developed Property $2,369.46 per Acre Undeveloped Property $2,369.46 per Acre [1] On each July I, commencing July 1, 2007, the Maximum Special Tax 13 for Developed Property and Undeveloped Property shall be increased by two percent (2.00 %) of the amount in effect in the previous Fiscal Year. • EXHIBIT C CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) MAXIMUM SPECIAL TAX A FOR UNDEVELOPED PROPERTY, TAXABLE PUBLIC PROPERTY, AND TAXABLE PROPERTY OWNER ASSOCIATION PROPERTY Description Fiscal Year 2006 -07 Maxim Special Tax A [1] Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property $15,189.84 per Acre [1] On each July I, commencing July I, 2007, the Maximum Special Tax A for Undeveloped Property, Taxable Public Property, and Taxable Property Owner Association Property shall be increased by two percent (2.00%) of the amount in effect in the previous Fiscal Year. • • EXHIBIT B CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) ASSIGNED SPECIAL TAX A FOR DEVELOPED PROPERTY Description FY 2006 -07 Assigned Special Tax A [1] Developed Property $12,352.20 per Acre [1] On each July 1, commencing July I, 2007, the Assigned Special Tax A for Developed Property shall be increased by two percent (2.00 %) of the amount in effect in the previous Fiscal Year. • o0 O C1 CU CU O • CO ' a ) 0 - d O ;. 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V 0.C— c a) a3 _a L� O a) 0 O> y C o r 0 0 • as O co a) O N CO — CO '- E _ � o a, > -1:5 1. E U RI To W N O v c •c c E-5 c c r , O ` C • 2 11 a) c a7 Li. fn O co 0 0 E.0 O a�2 . F W C) . -J Lis a0 LO Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 4 RESOLUTION NO. `J 4 ' , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO DECLARE THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) CFD Public Hearing.CC Staff Report 22 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ��d. i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO DECLARE THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) RECITALS: WHEREAS, the City Council (the "City Council ") of the City of .Seal Beach, California (the "City "), has previously adopted Resolution No. 5415 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and to Authorize the Levy of a Special Tax within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center" (the "Resolution of Intention to Establish District ") stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (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 (the "Facilities ") and services (the "Services ") to serve the District, including incidental expenses, as further provided in the Resolution of Intention to Establish District; and WHEREAS, the City Council has previously adopted Resolution No. 5416 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Incur Bonded Indebtedness within Proposed City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Incur Bonded Indebtedness ") stating its intention to authorize the issuance and sale of one or more series of bonds in the maximum aggregate principal amount of $10,000,000; and WHEREAS, the Resolution of Intention to Establish District and the Resolution of Intention to Incur Bonded Indebtedness set January 23, 2006 as the date of a public hearing on the establishment of the District, the extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax within the District, and the proposed debt issue; and WHEREAS, a notice of the public hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act; and CFD Public Hearing.CC Staff Report 23 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 WHEREAS, prior to the date of the public hearing there was filed with the City Council a report containing a description of the Facilities and Services necessary to adequately meet the needs of the District and an estimate of the cost of financing such Facilities and Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the establishment of the District, to the extent of the District, to the furnishing of Facilities and Services to serve the District, to the proposed rate and method of apportionment of the special tax, and to the proposed debt issues were heard and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax, and the incurrence of bonded indebtedness therein; and WHEREAS, subsequent to the public hearing, the City Council adopted a . Resolution entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof" (the "Resolution of Formation "); and WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Bonded Indebtedness have been filed with the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY - COUNCIL OF THE CITY OF SEAL BEACH: 1. Recitals. The above recitals are all true and correct. 2. Necessary to Incur Bonded Indebtedness. The City Council hereby declares that it is necessary to incur a bonded indebtedness for the District in an aggregate principal amount not to exceed $10,000,000 as authorized under the terms and provisions of the Act. • 3. Purpose. The bonded indebtedness will be incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the financing of the costs associated with the issuance of the bonds and all other costs necessary to finance the Facilities which are permitted to be financed pursuant to the Act. CFD Public Hearing.CC Staff Report 24 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 4. Special Tax. The whole of the property within the District, other than property exempted from the special tax pursuant to the provisions of the Rate and Method set forth in Exhibit B to the Resolution of Intention to Establish District, shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with such Rate and Method. 5. Terms. It is the intent of the City Council, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds in the maximum aggregate principal amount of $10,000,000, bearing interest payable annually or semi - annually, or in part annually and in part semiannually, at a maximum interest rate of twelve percent (12 %) per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued; provided the first interest payment may be for a period of less than six months, and the actual rate or rates and times of payment shall be determined at the time or times of sale. The term of the bonds of each series shall be determined pursuant to a resolution of the City Council authorizing the issuance of such series, but such term shall in no event exceed 31 years from the date of issuance of such series of bonds or such longer term as is then permitted by law. 6. Accountability Measures. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, the City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District: a. Such bonded indebtedness shall be incurred for the specific purposes set forth in Section 3 above. b. The proceeds of any such bonded indebtedness shall be applied only to the specific purposes identified in Section 3 above. c. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account or accounts into which the proceeds of such indebtedness shall be deposited. d. The City Manager, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required by Government Code Section 53411. 7. Election. The proposition related to the incurring of the bonded indebtedness and the proposition relating to the levy of the special tax shall be combined into one ballot proposition, and shall be submitted to the qualified voters of the District, together with a proposition to establish an appropriations limit for the District. The election shall be January 23, 2006 in the City Council Chambers, 211 Eighth Street, Seal Beach, California 90740. Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot in accordance with the California Elections Code and the voted ballots shall be returned to the City Clerk CFD Public Hearing.CC Staff Report 25 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 immediately following adoption of a resolution calling the special election, but in any event no later than 10:30 p.m. on January 23, 2006. The election shall be closed when the qualified electors have voted, but not later than 10:30 p.m. on January 23, 2006. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this day of , 2006. 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, do hereby certify that the foregoing Resolution was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006 by the following vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members City Clerk CFD Public Hearing.CC Staff Report 26 • Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 5 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A SPECIAL ELECTION WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) CFD Public Hearing.CC Staff Report 27 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 RESOLUTION NO. i0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A SPECIAL ELECTION WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) RECITALS: WHEREAS, on January 23, 2006, this City Council adopted a resolution entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act in Connection Therewith, to Establish an Appropriations Limit Therefor, to Authorize Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation "), ordering the formation of the City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District "), establishing an appropriations limit for the District and authorizing levy of a special tax (the "Special Tax ") on property within the District, subject to approval of the qualified electors of the District at a special election referred to below, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act "); and WHEREAS, on January 23, 2006, this City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Necessity to Incur Bonded Indebtedness "), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $10,000,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said Special Tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness will be submitted to the qualified electors of the district as required by the Act. CFD Public Hearing.CC Staff Report 28 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH: 1. Recitals. The above recitals are all true and correct. 2. Ballot Propositions. Pursuant to Sections 53325.7, 53326, 53351, and 53353.5 of the Act, the proposition relating to the incurring of the bonded indebtedness and the proposition relating to the levy of the Special Tax shall be combined into one ballot proposition, and together with the proposition for the establishment of the appropriations limit, shall be submitted to the qualified electors of the District as required by the Act. If (a) the combined proposition for the levy of the Special Tax and the incurring of the bonded indebtedness and (b) the proposition for the establishment of the appropriations limit each receive the approval of more than two - thirds of the votes cast on the proposition, one or more series of bonds may be authorized, issued and sold for the purposes set forth herein, the Special Tax may be levied, and the appropriations limit may be established as provided for in the Resolution of Formation. The ballot propositions shall be in the form attached hereto as Exhibit "A" and by this reference incorporated herein, and said form of ballot is hereby approved. 3. Electors Determined. The City Council finds, based on information provided by the Registrar of Voters of the County of Orange, that fewer than 12 registered voters 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 the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District. Each landowner shall have one vote for each acre or portion thereof that he or she owns within the District, as provided in Section 53326 of the Act. The City Council finds that there is one (1) qualified elector in the District. 4. Election. This City Council hereby calls a special election to consider the propositions described in Section 2 above, which election shall be held on January 23, 2006 in the City Council Chambers, 211 Eighth Street, Seal Beach, California 90740 immediately following adoption of this Resolution. 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 copy of this Resolution and a map of the boundaries of the District. The voted ballots shall be returned to the City Clerk immediately following adoption of this Resolution, but in any event no later than 10:30 p.m. on January CFD Public Hearing.CC Staff Report 29 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 23, 2006, and when the qualified elector(s) have voted, but not later than 10:30 p.m. on January 23, 2006, the election shall be closed. 5. Mail Ballot. Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot in accordance with the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c)(1), and (c)(3) of Section 4000 of the California Elections Code are applicable to this special election. 6. Ballot. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified elector(s) of the District a ballot in the form set forth in Exhibit "A" 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 representative of the owner of record entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures have been waived by the qualified elector(s), by unanimous written consent waiving all applicable time limits and requirements pertaining to the conduct of said special election, as permitted by Section 53327 of the Act. The City Council hereby concurs in said waiver. 7. Return of Ballots. The City Clerk shall accept the ballot of the qualified elector(s) 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 elector(s). 8. Waiver of Time Limits for Election. 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 elector(s) of the District. The unanimous written consent of the qualified elector(s) of the District waiving all applicable time limits and requirements pertaining to the conduct of said special election has been received. Accordingly, this City Council finds and determines that said qualified elector(s) have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these CFD Public Hearing.CC Staff Report 30 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 proceedings. This City Council also fords and determines that the City Clerk has concurred in the shortened time for the election. 9. Publication. The City Clerk is hereby directed to cause to be published in a newspaper of general circulation circulating within the area of the District a copy of the Resolution of Necessity to Incur Bonded Indebtedness as required by Section 53352 of the Act. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this day of , 2006. 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, do hereby certify that the foregoing Resolution was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006 by the following vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members City Clerk CFD Public Hearing.CC Staff Report 31 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) 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 10:30 p.m. on January 23, 2006, either by mail or in person. The City Clerk's office is located at 211 Eighth Street, Seal Beach, California 90740. This ballot represents 45 votes. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO ". 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. PROPOSITION A: Shall the City of Seal Beach, on behalf of City of Seal Beach Y Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District "), subject to the accountability measures provided in the resolutions entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business No Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof" (the "Resolution of Formation ") and "A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention "), incur an indebtedness and issue one or more series of bonds in the maximum aggregate principal amount of $10,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds, to finance the facilities and incidental expenses described in the Resolution of Formation and the Resolution of Intention; and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation and the Resolution of Intention be levied annually on lands within the District to pay for the facilities, services, incidental expenses, and other purposes described in the Resolution of Formation and the Resolution of Intention, including the payment of principal and interest on bonds issued to finance the facilities, incidental expenses, and the costs of the City of Seal Beach in administering the District? CFD Public Hearing.CC Staff Report 32 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 PROPOSITION B: Shall City of Seal Beach Community Facilities District No. 2005- Yes 01 (Pacific Gateway Business Center) (the "District ") establish an Article XIIIB appropriations limit for the District at an amount equal to all the proceeds of the special tax collected annually within the District and as defined by Article XIIIB of the No California Constitution, as adjusted for changes in the cost of living and changes in population? 33 CFD Public Hearing.CC Staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 6 RESOLUTION NO. 67 4 d 4 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN CFD Public Hearing.CC Staff Report 34 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 6 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN RECITALS: WHEREAS, in proceedings heretofore conducted by the City Council of the City of Seal Beach (the "City Council ") pursuant to the Mello -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 "Act "), the City Council adopted on January 23, 2006 a resolution entitled "A Resolution of the City Council of the City of Seal Beach Calling a Special Election Within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution Calling Election "), calling for a special election (the "Special Election ") of the qualified electors within Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District "); and WHEREAS, pursuant to the terms of said resolution; which are by this reference incorporated herein, the Special Election was held on January 23, 2006, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the "Certificate "), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEAL BEACH: 1. Recitals. The above recitals are all true and correct. CFD Public Hearing.CC Staff Report 35 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 2. Ballot Propositions. The issues presented at the Special Election were Propositions A and B, as set forth in Exhibit B attached hereto and by this reference incorporated herein. 3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, Propositions A and B presented at the Special Election were approved by more than two- thirds of the votes cast by the qualified electors of the District. 4. Ballot Propositions Authorized. This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein, to take the necessary steps to levy the special tax authorized by Proposition A, and to issue one or more series of bonds in an amount not to exceed $10,000,000 as specified in Proposition A. The appropriations limit as specified in Proposition B is hereby established. 5. Finding of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act. 6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Orange within fifteen (15) days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this day of , 2006. Mayor • ATTEST: City Clerk CFD Public Hearing.CC Staff Report 36 Public Hearing — Establishment of Community Facilities District 2005-01 — Pac f c Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Resolution was passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006 by the following vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members City Clerk CFD Public Hearing.CC Staff Report 37 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 EXHIBIT A CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) I, Linda Devine, City Clerk of the City of Seal Beach, hereby certify that I canvassed the returns of the Special Election in the City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and that the election was held in the Chambers of the City Council at 211 Eighth Street, Seal Beach, California 90740 on January 23, 2006. I further certify that the total number of ballots cast in said election and the total number of votes cast for and against Propositions A and B are full, true and correct: Qualified Eligible Votes Voters Cast Yes No Proposition A Proposition B IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 23rd day of January, 2006. By: Linda Devine City Clerk City of Seal Beach • CFD Public Hearing.CC Staff Report 38 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 EXHIBIT B PROPOSITION A: Shall the City of Seal Beach, on behalf of City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District "), subject to the accountability measures provided in the resolutions entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation ") and "A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Necessity "), incur an indebtedness and issue one or more series of bonds in the maximum aggregate principal amount of $10,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds, to finance the facilities and incidental expenses described in the Resolution of Formation and the Resolution of Necessity; and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation and the Resolution of Necessity be levied annually on lands within the District to pay for the facilities, services, incidental expenses, and other purposes described in the Resolution of Formation and the Resolution of Necessity, including the payment of principal and interest on bonds issued to finance the facilities, incidental expenses, and the costs of the City of Seal Beach in administering the District? PROPOSITION B: Shall City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (the "District ") establish an Article XIIIB appropriations limit for the District at an amount equal to all the proceeds of the special tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? CFD Public Hearing.CC Staff Report 39 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ATTACHMENT 7 ORDINANCE NO. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT CFD Public Hearing.CC Staff Report 40 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT RECITALS: WHEREAS, the City Council of the City of Seal Beach (the "City Council "), has previously adopted Resolution No. 5415 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and to Authorize the Levy of A Special Tax within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Establish District ") stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (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 (the "Facilities) and services (the "Services ") to serve the area of land hereinafter described; and WHEREAS, the City Council has previously adopted Resolution No. 5416 entitled "A Resolution of Intention of the City of Seal Beach to Incur Bonded Indebtedness within Proposed City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Incur Bonded Indebtedness ") stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds in the maximum aggregate principal amount of $10,000,000; and WHEREAS, the Resolution of Intention to Establish District and the Resolution of Intention to Incur Bonded Indebtedness set January 23, 2006 as the date of a public hearing on the establishment of the District, extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issue; and CFD Public Hearing.CC Staff Report 41 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 WHEREAS, a notice of the public hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act; and WHEREAS, prior to the date of the public hearing there was filed with the City Council a report containing a description of the Facilities and Services necessary to adequately meet the needs of the District and an estimate of the cost of financing such Facilities and Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the establishment of the District, the extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issues were heard and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax, and the issuance of bonded indebtedness therein; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation ") which established the District and authorized the levy of a special tax within the District; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" which determined the necessity to incur bonded indebtedness in the maximum principal amount of $10,000,000; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach Calling a Special Election within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution Calling a Special Election ") which called a special election of the qualified electors of the District; and WHEREAS, pursuant to the terms of the Resolution Calling a Special Election, an election was held within the District at which the qualified electors of the District 42 CFD Public Hearing.CC Staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 approved the establishment of an appropriations limit for the District, the incurrence of bonded indebtedness, and the levy of a special tax within the District; and WHEREAS, on January 23, 2006, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach Declaring the Results of a Special Election in City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election ") which certified the results of the January 23, 2006 election conducted by the City Clerk, which results showed that more than two- thirds of the votes cast in the District were in favor of the proposition to establish an appropriations limit for the District, incur bonded indebtedness and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1. Recitals. The above recitals are all true and correct. 2. 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 rates and in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention to Establish District which is on file in the office of the City Clerk and incorporated herein by reference. 3. 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 the Rate and Method, but the special tax may be levied at a lower rate. - 4. 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 the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. • 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in the Resolution of Formation. The special tax shall be levied only so long as needed for its purpose as described in the Resolution of Formation. CFD Public Hearing.CC Staff Report 43 Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 6. 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 be collected by direct billing by the City of the property owners in the District or 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. 7. Authorization. The specific authorization for adoption of this Ordinance is the provisions of Section 53340 of the Act. 8. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, that balance of this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. 9. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2006. 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, do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting thereof held on the day of , 2006 and was passed, approved and adopted 44 CFD Public Hearing.CC staff Report Public Hearing — Establishment of Community Facilities District 2005-01 — Pacific Gateway Business Center (Boeing Property) City Council Staff Report January 23, 2006 by the City Council at a meeting thereof held on the day of , 2006 by the following vote: AYES: Council members NOES: Council members ABSENT: Council members ABSTAIN: Council members And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk CFD Public Hearing.CC Staff Report 45 ORDINANCE NO. 1542 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT RECITALS: WHEREAS, the City Council of the City of Seal Beach (the "City Council "), has previously adopted Resolution No. 5415 entitled "A Resolution of Intention of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and to Authorize the Levy of A Special Tax within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Establish District ") stating its intention to conduct proceedings to form City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) (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 (the "Facilities) and services (the "Services ") to serve the area of land hereinafter described; and WHEREAS, the City Council has previously adopted Resolution No. 5416 entitled "A Resolution of Intention of the City of Seal Beach to Incur Bonded Indebtedness within Proposed City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution of Intention to Incur Bonded Indebtedness ") stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds in the maximum aggregate principal amount of $10,000,000; and WHEREAS, the Resolution of Intention to Establish District and the Resolution of Intention to Incur Bonded Indebtedness set January 23, 2006 as the date of a public hearing on the establishment of the District, extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of ' apportionment of the special tax, and the proposed debt issue; and WHEREAS, a notice of the public hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act; and • Z:\My Documents \ORD \CFD 2005- 01.Authorizing Special Tax.doc \LW\01 -27 -06 Ordinance No. 1542 Authorizing Levy of Special Tax Community Facilities District 2005-01 — Pacific Gateway Business Center February 13, 2006 WHEREAS, prior to the date of the public hearing there was filed with the City Council a report containing a description of the Facilities and Services necessary to adequately meet the needs of the District and an estimate of the cost of financing such Facilities and Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the establishment of the District, the extent of the District, the furnishing of Facilities and Services to serve the District, the proposed rate and method of apportionment of the special tax, and the proposed debt issues were heard and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax, and the issuance of bonded indebtedness therein; and WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled "A Resolution of Formation of the City Council of the City of Seal Beach to Establish City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), to Make Environmental Findings With Respect Thereto Pursuant to the California Environmental Quality Act, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation ") which established the District and authorized the levy of a special tax within the District; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach to Declare the Necessity to Incur Bonded Indebtedness within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" which determined the necessity to incur bonded indebtedness in the maximum principal amount of $10,000,000; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach Calling a Special Election within City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center)" (the "Resolution Calling a Special Election") which called a special election of the qualified electors of the District; and WHEREAS, pursuant to the terms of the Resolution Calling a Special Election, an election was held within the District at which the qualified electors of the District approved the establishment of an appropriations limit for the District, the incurrence of bonded indebtedness, and the levy of a special tax within the District; and CFD 2005- 01.Authorizing Special Tax 2 Ordinance No. 1542 Authorizing Levy of Special Tax Community Facilities District 2005-01 — Pacific Gateway Business Center February 13, 2006 WHEREAS, on January 23, 2006, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Seal Beach Declaring the Results of a Special Election in City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election ") which certified the results of the January 23, 2006 election conducted by the City Clerk, which results showed that more than two - thirds of the votes cast in the District were in favor of the proposition to establish an appropriations limit for the District, incur bonded indebtedness and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1. Recitals. The above recitals are all true and correct. 2. 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 rates and in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention to Establish District which is on file in the office of the City Clerk and incorporated herein by reference. 3. 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 the Rate and Method, but the special tax may be levied at a lower rate. 4. 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 the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. 5. Use of Collections. All of the collections of the special tax shall be used • only as provided for in the Act and in the Resolution of Formation. The special tax shall be levied only so long as needed for its purpose as described in the Resolution of Formation. 6. 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 CFD 2005- 01.Authorizing Special Tax 3 Ordinance No. 1542 Authorizing Levy of Special Tax Community Facilities District 2005-01 — Pacific Gateway Business Center February 13, 2006 valorem property taxes; provided, however, that the special tax may be collected by direct billing by the City of the property owners in the District or 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. 7. Authorization. The specific authorization for adoption of this Ordinance is the provisions of Section 53340 of the Act. 8. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, that balance of this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. 9. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of February , 2006. 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, do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting thereof held on the 23rd day of January, 2006 and was passed, approved and adopted by the City Council at a meeting thereof held on the 13th day of February, 2006 by the following vote: 4 CFD 2005- OI.Authorizing Special Tax Ordinance No. 1542 Authorizing Levy of Special Tax • Conarnunity Facilities District 2005-01 — Pacific Gateway Business Center February 13, 2006 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers And do hereby further certify that Ordinance Number 1542 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 5 CFD 2005 -01 .Authorizing Special Tax ORDINANCE NUMBER 1543 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO ADOPT NEW DEFINITIONS RELATING TO SIGNS; ADOPT NEW GENERAL PROVISIONS FOR ALL SIGNS; AND ADOPT NEW ON- PREMISE SIGN STANDARDS WITHIN THE MAIN STREET SPECIFIC PLAN AREA (ZONE TEXT AMENDMENT 05 -3) • WHEREAS, The Planning Commission held Study Sessions regarding the sign regulations for the Main Street Specific Plan Zone area on September 22, 2004, November 3, 2004, February 23, 2005, May 4, 2005 and September 21, 2005, and WHEREAS, At the conclusion of the September 21, 2005 Study Session the Planning Commission directed staff to schedule a public hearing to consider proposed amendments to the sign regulations as summarized below:. ❑ Amend Article 2, Definitions, to add new definitions regarding signs; ❑ Amend Article 18, Sign Provisions, as follows: ❑ Amend Section 28- 1801.D., Calculation of Sign Area; ❑ Deleting existing Section 28- 1802.D., Abatement of Signs Relating to Inoperative Activities, entirely and replace with a new Section 28- 1802.D., Maintenance and Administrative Removal of Signing; ❑ Delete existing Section 28- 1802.E., Maintenance of Signs, entirely and replace with a new Section 28- 1802.E., Legibility of Signs; ❑ Add new Section 28- 1802.F., Material; and ❑ Add new Section 28- 1802.G., Changeable Copy. ❑ Revise Section 28 -1804, Permitted Signs, Sub - Section C. to delete all provisions regarding the "C -SP" zone provisions (Main Street Specific Plan Area); ❑ Add a new Sub - Section D, "C -SP Zone" with new sign standards for the Main Street Specific Plan Area that will retain the current provisions for signs within the Main Street Specific Plan area and adopt the following additional provisions; ❑ Allow the use of neon lighting as the primary illumination method, with the sign area for neon lit signs being limited to 75% of the maximum allowable area per the Zoning Ordinance (Section 28- 1804.D.5.b.); ❑ Allow the use of neon lighting as an accent rather than the primary illumination source, such use of neon to not illuminate in excess of 30% of the allowable sign area (Section 28- 1804.D.5.b.); Z: \My Documcnts \ORD\ZTA 05- 3.Main Street Sign Standards.doc \LW\01 -27 -06 Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 ❑ Allow for courtyard signs when businesses do not face Main Street and establish standards (Section 28- 1804.D.5.d.) ❑ Allow for monument signs on properties where the building is setback at least 15 feet from the street and establish standards (Section 28- 1804.D.51); ❑ Allow restaurant menu signs and other similar display box signs not larger than 6 square feet and establish standards (Section 28- 1804.D.5.g.); ❑ Allow permanent window signs and establish standards (Section 28- 1804.D.5.h.); ❑ Establish standards for use of neon lighting (Section 28- 1804.D.5.i.); ❑ Require the use of external, incandescent lighting for signs with no reflective surfaces on the sign area with a maximum illumination level on the sign face of 35 candelas/square foot (70 candelas/square foot when facing Pacific Coast Highway) and establish standards (Section 28- 1804.D.5 j.); ❑ Allow the future use of interior - illuminated channel letters and prohibit the future use of interior - illuminated "can signs" (Section 28- 1804.D.5.j.); ❑ Allow for the use of a single string of clear string lights to surround window areas and architectural features, without counting this towards the sign area for the building (Section 28- 1804.D.5.k.); ❑ Establish a "Planned Sign Program" requirements for certain multi -tenant buildings and establish standards (Section 28- 1804.D.5.1.); and • ❑ Establishes standards for "Temporary Window Signs (Section 28- 1804.D.6.), and WHEREAS, Pursuant to 14 Calif. Code of Regs. § 15305, staff has determined as follows: The application for Zoning Text Amendment 05 -3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(g) (Existing Facilities — New copy on existing on- premise signs) because it revises the existing sign regulations within the City for on- premise signs without allowing for an increase in the allowable sign area of signs within the subject areas of the City; § 15305 (Minor Alterations in Land Use Limitations) because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; § 15311(a) (Accessory Structures — On-premise signs) because it revises the existing sign regulations within the City for on- premise signs without allowing for an increase in the allowable sign area of signs within the subject areas of the City; and, pursuant to § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment, and WHEREAS, A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Zone Text Amendment 05 -3, and WHEREAS, The record of the hearing of December 7, 2005 indicates the following: 2 ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations —Citywide and Main Street February 13, 2006 (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements for on- premise signs throughout the community and particularly within the Main Street Specific Plan area, and WHEREAS, Based upon the facts contained in the record, including those stated above and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission made the following findings: (a) Zoning Text Amendment 05 -3 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed new sign regulations are consistent with the General Plan. The proposed amendment will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements for on- premise signs throughout the community and particularly within the Main Street Specific Plan area, and WHEREAS, The Planning Commission recommended approval of Zoning Text Amendment 05 -3 to the City Council through the adoption of Planning Commission Resolution 05 -54; and WHEREAS, On January 23, 2006 the City Council conducted a public hearing to consider Zone Text Amendment 05 -3, and received testimony regarding the proposed Zone Text Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Article 2, Definitions, of Title 28 of The City of Seal Beach Municipal Code is amended to add the following definitions of terms: "Section 28 -216.5 Candela. "Candela" means a measure of light intensity. A candela is equal to 1/60 of the luminous intensity per square centimeter of a blackbody radiating at the temperature of solidification of platinum (2.046 degrees Kelvin)." "Section 28 -217.1 Channel Letter. "Channel Lester" means three - dimensional, individually cut letters or figures, illuminated or non - illuminated, attached to a structure." ZTA 05- 3.Main Street Sign Standards 3 Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 "Section 28 -217.3 Channel Logo. "Channel Logo" means three - dimensional, individually cut trademark or symbol identifying a product or use, illuminated or non - illuminated, attached to a structure." "Section 28 -246.5 Logo. "Logo" means an established trademark or symbol identifying a product or use." "Section 28 -261 Negative Space. "Negative space" means the open space surrounding the sign copy area of a sign area." "Section 28 -271.2 Sign Area. "Sign Area" means the entire area within a single continuous perimeter of not more than eight straight lines that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags." "Section 28 -271.3 Sign Copy. "Sign Copy" means the any graphic, word, numeral, symbol, insignia, text, sample, model, device or combination thereof which is primarily intended to advertise, identify, or notify." "Section 28 -271.4 Sign Copy Area. "Sign Copy Area" means the sign area occupied by copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers contained within said sign area." "Section 28 -271.5 Sign, Direct Illumination. "Sign, Direct Illumination" means a sign illuminated primarily by light whose source is located in the interior of the sign so that the rays of the light source are transmitted through a translucent material." "Section 28 -271.6 Sign, Indirect Illumination. "Sign, Indirect Illumination" means a sign illuminated primarily by light directed toward or across it by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing." "Section 28 -271.7 Sign, Neon. "Sign, Neon" means an illuminated sign affected by a colorless, odorless light source consisting of a neon or gas tube that is bent to form letters, symbols, or other shapes." "Section 28 -271.8 Sign, Restaurant Menu and Similar Display Box Signs. "Sign, Restaurant Menu and Similar Display Box Signs" means a sign used to inform the public of the list of entrees, dishes, and foods 4 ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05-3 New Sign Regulations — Citywide and Main Street Februa,y 13, 2006 available in a restaurant or other items available in stores that utilize such display box signs ." Section 2. Section 28- 1801.B, Prohibited Signs, sub - section 1, is revised to add a second sentence to read as indicated: "1. Signs which incorporate any manner of flashing, moving or intermittent lighting. Moreover, sign illumination shall not blink, flutter, or change light intensity, brightness, or color." Section 3. Article 18, Sign Provisions, Section 28- 1801.D is deleted in its entirety and replaced as follows: "D. Calculation of Sign Area. The area of an individual sign shall be calculated as follows. 1. Single - faced Signs. Sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles with no more than eight lines that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures such as sign bases and columns are not included in sign area provided that they contain no lettering or graphics except for addresses or required tags. The calculation of sign area for various types of single -faced signs is illustrated in Figure 1. 5 'LTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 Figure 1 Sign Area = Height x Width A T rC m n 1 ll Width FRAMED .., SIGN 1 Eettfcen 1 Width �: $O Multiple 4. �� _ LOGO i — V•;....,/ T, 1 Elements , Width -1 I. Width ► 1 cAl 6 r Emblem i • or d = Decal = ,,,,......9.......„9 _3__ I . Width f Width I (� �/� Odd Shape V �V� i 1 I -- Width ► I I. Width ` . \ . Angled 1 \', u________--- 1 ' I 1._ Odd Shope - -- �tdtb I . Width ►I ZTA 05- 3.Main Street Sign Standards 6 Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 2. Double - faced Signs. Where two faces of a double -faced sign are located two feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area shall be computed as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used. Where two faces of a double -faced sign are located more than two feet or 45 degrees from one another, both sign faces shall be counted toward sign area. See Figure 2. Figure 2 Where distance between faces co does not exceed 2 feet and interior 4 angle does not exceed 45 °, total 1L tL sign area = Face A or Face B, whichever is larger. 3. Multi - faced Signs. On a three -faced sign, where at least one interior angle is 45 degrees or less, the area of two faces (the . largest and smallest face) shall be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area shall be calculated as the sum of all faces. 4. Three - Dimensional Signs. Signs that consist of, or have attached to them, one or more three- dimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue -like trademarks), shall have a sign area of the sum of all areas using the four vertical sides of the smallest cube that will encompass the sign. See Figure 3. ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 Figure 3 R face ---- - \ ce e C Total sign area = Sum of all vertical sign faces — ` of smallest cube encompassing the sign. • 5. Sign area measurement. The measurement of sign area to determine compliance with the sign area limitations of this Chapter shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 4. Figure 4 2 I joEs 2' 5 ' 4 . DRY CLEANERS 'h. . is EIANERs 5' DRYCLEANE $ 1 1 Skin ive9 - 2:5 Ea. P.. Sur h - 17.6 et It Sur e - 32 sa. r:. If Section 4. Article 18, Sign Provisions, Section 28- 1802.D, Abatement of Signs Relating to Inoperative Activities is deleted in its entirety and is revised to read: "Section 28- 1802.D. Maintenance and Administrative Removal of Signing. 1. Maintenance of Signs. All signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. The display surfaces ZTA 05- 3.Main Street Sign Standards 8 Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations —Citywide and Main Street February 13, 2006 of all signs shall be kept neatly painted or posted at all times. All signs shall be subject to maintenance provisions as follows: a. Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict signs following notification by the City and at the expense of said property. Where the written notification has been given by the City and compliance has not been met within the required 90 day period, the City may cause the removal of such signs with the cost for such removal to be attached to the property. b. All signs shall be refinished to remove rust or other corrosion due to the elements and any cracked or broken faces and malfunctioning lamps shall be replaced within 90 days following notification to the City. c. Signs erected, installed, located or maintained in the city must comply with all applicable structural provisions of the most recently adopted versions of the Uniform Sign Code, California Building Code, and California Electrical Code adopted by the City. d. When a sign is replaced or removed, all brackets, poles, and other structural elements that supported the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure within 30 days of said replacement or removal. 2. Administrative Removal. Signs may be removed by the City in accordance with the following procedures: a. Illegal or Dilapidated Signs. If the Director of Development Services, or his designee, finds that a permanent sign is in violation of this Chapter, or is in disrepair, deteriorated, including peeling paint, prohibited, abandoned, illegal, or is in violation of the Building Code or any other laws and ordinances, he shall seek correction of the violations as provided for in the Municipal Code. The Director of Development Services shall inform the sign owner by a written notice that the sign is to be removed. b. Safety Hazard or on Public Right -Of -Way. The City Engineer, or his designee, without giving notice, shall have the authority to authorize removal of any sign which: (1) Poses an immediate threat to public safety; or (2) Is displayed in violation of the provisions of this Chapter or other City ordinances on or over any public right -of- way." "LTA 05- 3.Main Street Sian Standards 9 Ordinance Number 1543 Zone Text Amendment 05-3 • New Sign Regulations — Citywide and Main Street February 13, 2006 Section 5. Article 18, Sign Provisions, Section 28- 1802.E, Maintenance of Signing is deleted in its entirety and is revised to read: "E. Legibility of Signs. Lettering on signs should be legible. Preferred character sizes for signs are as follows: Minimum Character Size (inches) Intended Reading Distance (feet) 3.5 60 4.0 70 4.5 80 5.0 90 5.5 100 or more Section 6. Article 18, Sign Provisions, is revised to add new Section 28- 1802.F, Materials, to read: "F. Materials. Paper, cardboard, or other material subject to rapid deterioration shall be limited to signs displayed for no more than 60 days. Fabric signs shall be restricted to City Banners, Awning Signs, and Temporary Signs permitted pursuant to Section 28- 1801.C." Section 7. Article 18, Sign Provisions, is revised to add new Section 28- 1802.G, Changeable Copy, to read: "G. Changeable Copy. Changeable copy shall cover no more than 20 percent of the total sign area, except for the following uses which are allowed up to 75 percent of sign area to be changeable copy: all public and civic uses,. indoor theaters, other public assembly uses, and fuel price signs." Section 8. Article 18, Sign Provisions, Section 28- 1804.C, LC /RMD, C -O, C -SP, C -1 and C -2 Zones, is amended to delete all references to the C -SP Zone and to delete subsection 5.g, which sets forth projecting sign regulations in the C -SP Zone, and is amended to read: "C. LC /RMD, C -O, C -1 and C -2 Zones. The following signs are permitted in the LC /RMD, C -O, C -1 and C -2 zones: 1. One unlighted sign pertaining to the sale, lease, or rental of the property on which the sign is displayed. 10 ZTA 05- 3.Main Street Sian Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations —Citywide and Main Street February 13, 2006 Parcel Size Sign Size Lots of record and parcels not exceeding: 10,000 square feet 6 sq. ft. 10,000 square feet to 1 acre 25 sq. ft. More than 1 acre 50 sq. ft. 2. Temporary Noncommercial signs that do not exceed an aggregate surface area of 25 square feet per lot, up to 4 per lot. Signs posted on a building face or in a window shall not exceed thirty -six inches by forty -eight inches. Said Temporary Noncommercial signs shall be removed or replaced within 60 days of placement. 3. Construction signs under the same restrictions as Section 28- 1804.A.4. 4. For each shopping center, identification signs are permitted as follows: a. One free - standing or pole identification sign containing the name and logo of the center. Sign not to exceed 15 feet in overall height and not to exceed 60 square feet on one face of a double -faced sign. b. One monument sign not to exceed 10 square feet in area and not to exceed 4 feet in height at each traffic entrance to the center, in no case shall more than 4 monument signs be placed in any shopping center. 5. Each commercial activity may have signing identifying the activity on the premises as follows: a. One sign per building face which is visible from - streets or parking lot area. Said sign to be fascia or wall sign. b. Size of fascia or wall sign shall be one square foot per lineal foot of building face, not to exceed 100 square feet per sign. c. In lieu of one or more fascia or wall signs, one free- standing or pole sign not to exceed 15 feet in overall height may be erected on the parcel or building site on which the building is located. Maximum size of sign shall not exceed 60 square feet per face of a double faced sign. 11 ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 d. In case of buildings having less than 25 linear feet of frontage on a street, 25 square feet of signing will be permitted. e. In cases where a business is located on a street with a speed limit of 35 mph or more, a free standing sign or larger fascia or wall sign will be permitted. The larger may be an additional one -half square foot per lineal foot of building frontage not to exceed 80 additional square feet. (See subparagraphs a, b, c, above). The maximum sign area per sign of 100 square feet does not apply in this case. f. No more than 2 items of information will be permitted per sign. An example of one item of information would be the name of the business, specialty item, unique service, etc. 6. When property falls under an adopted planned sign program the above provisions do not apply." Section 9. Article 18, Sign Provisions, Section 1804.D, C -SP Zone, is added to read: "D. C -SP Zone. The following signs are permitted in the C -SP zone: 1. One unlighted sign pertaining to the sale, lease, or rental of the property on which the sign is displayed. Parcel Size Sign Size Lots of record and parcels not exceeding: 10,000 square feet 6 sq. ft. 10,000 square feet to 1 acre 25 sq. ft. More than 1 acre 50 sq. ft. 2. Temporary Noncommercial signs that do not exceed an aggregate surface area of 25 square feet per lot, up to 4 per lot. Signs posted on a building face or in a window shall not exceed 26 inches by 48 inches. Said Temporary Noncommercial signs shall be removed or replaced within 60 days of placement. 3. Construction signs under the same restrictions as Section 28- 1804.A.4. 12 ZTA 05- 3.Main Street Sian Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations —Citywide and Main Street February 13, 2006 4. For each shopping center, identification signs are permitted as follows: a. One free - standing or pole identification sign containing the name and logo of the center. Sign not to exceed 15 feet in overall height and not to exceed 60 square feet on one face of a double -faced sign. b. One monument sign not to exceed 10 square feet in area and not to exceed 4 feet in height at each traffic entrance to the center, in no case shall more than 4 monument signs be placed in any shopping center. 5. Each commercial activity may have signing identifying the activity on the premises as follows: a. One sign per building face which is visible from streets or parking lot area. Said sign to be a fascia or wall sign. b. Size of the fascia or wall sign shall be one square foot per lineal foot of building face, not to exceed 100 square feet per sign. c. Notwithstanding the foregoing, where buildings have less than 25 linear feet of frontage on a street, 25 square feet of signing will be permitted. d. Courtyard Signs are permitted subject to the following requirements and conditions: (1) Where businesses face a courtyard, and do not directly face Main Street, one single -faced or double -faced freestanding courtyard sign is permitted for tenant identification only, in addition to those on the building. (2) No part of the sign shall extend over public property or have a height exceeding 7 feet measured from the base at ground level to the apex of the sign. (3) The total area of the courtyard sign shall not exceed 0.5 square feet per foot of site street frontage or 20 square feet, whichever is smaller. (4) Placement shall conform with a minimum setback of 3 feet from a street property line, 2 feet from an interior property line, and a minimum of 10 feet from the edge of a driveway. 13 ZTA 05- 3.Main Street Sign Standards • Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 (5) Each courtyard sign shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowable sign area. e. Projecting signs shall be allowed subject to the following conditions: (1) "Projecting sign" means an attached sign (other than a flat - mounted sign) which projects out from a building or structure and usually has two message surfaces. (2) Projecting signs shall be allowed that: ❑ do not exceed four (4) square feet in area per side; ❑ project no more than three (3) feet from the wall to which attached; ❑ are located at least seven (7) feet but not more than twelve (12) feet above grade; ❑ reflect the business by incorporating symbols or logos of the business; ❑ have supports and brackets that are compatible with the design and scale of the sign; and ❑ are not internally or . externally illuminated. (3) Each ground -level occupancy frontage may have one (1) such projecting sign if such sign is located near its primary entryway. Such sign shall be in addition to other signs allowed in Section 28- 1804.E.5. (4) No sign shall project into any public right - of -way unless the Director of Public Works shall have first issued an encroachment permit therefor. f. A monument sign is permitted subject to the following requirements and conditions: (1) Where the face of the building sets back from the property line more than 15 feet, one single -faced or double -faced freestanding monument sign is permitted, in addition to those on the building, in accordance with the following: ❑ No part of the sign shall extend over public property or have a height ZTA 05- 3.Main Street Sign Standards 14 Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 exceeding 5 feet measured from the base at ground level to the apex of the sign. ❑ The total area of the sign shall not exceed 0.5 square feet per foot of street frontage or 40 square feet, whichever is smaller. ❑ Signs shall be located in a landscape planter a minimum of 2 feet wider than the sign itself, with a minimum 2 -foot wide base for the monument sign itself. ❑ Placement shall conform with a minimum setback of 3 feet from a street property line, 3 feet from an interior property line, and a minimum of 10 feet from the edge of a driveway. ❑ Landscaping with automatic sprinklers shall be provided at the base of the supporting structure equal to twice the area of one face of the sign or 75 square feet, whichever is greater. ❑ If the sign is to be lit, all lighting shall be from internal illumination. ❑ Each monument sign shall contain an address plate identifying the subject property. Numbers shall be a minimum of 6 inches in height and shall be clearly visible from the public right -of -way. Address plates shall not be calculated against the allowable sign area. g. Restaurant Menu Signs and similar display box signs are permitted subject to the following requirements and conditions: (1) Shall be located in a permanently mounted display box on the surface of the building adjacent to the entry. (2) The allowable area shall be a maximum of 6 square feet and shall be limited to the size of two pages. (3) Such sign shall be compatible with the scale, colors, and materials of the storefront. (4) Such sign shall not be used for additional business identification or additional signage. (5) Such sign shall not be included in the sign area calculation for the business. h. Permanent Window signs are permitted subject to the following requirements and conditions: 15 ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 (1) Permanent window signs shall not exceed 20% of the area of each window. (2) No window sign shall be displayed above the second story. (3) Permanent window signs shall be limited to individual letters placed on the interior surface of the window and intended to be • viewed from the outside. White, black or gold leaf paint are the recommended colors. Glass - mounted graphic logos may be applied by silk screening or pre- spaced vinyl die -cut forms. (4) Interior Permanent signs within 3 feet of a storefront window shall be counted as a permanent window sign. (5) Permanent Window signs shall be allowed in addition to the aggregate sign area allowed for wall and projecting signs. (6) Permanent window signs shall not be illuminated, except for neon signs illuminated in compliance with Section 28- 1804.D.5.i.6. Neon signs are permitted subject to the following requirements and conditions: (1) Neon signs and linear tubing shall be UL (Underwriters Laboratories) listed with a maximum 30 milliamps per circuit and shall be designed to accommodate a dimmer in order to reduce the brightness of the neon. (2) The neon manufacturer shall be registered with Underwriters Laboratories. (3) Neon tubing shall not exceed one half inch in diameter. (4) Neon lighting adjacent to residential uses shall not exceed 0.5 footcandle measured at the property line. (5) Neon tubing shall not be combined with any reflective materials (e.g., highly - glazed tiles, mirrors, polished metal), or other similar material. • (6) Interior neon signs placed within 5 feet of a storefront window shall have a transparent background and shall be counted as a permanent window sign. 16 ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 j. Sign illumination is subject to the following requirements and conditions: (1) Internal illumination is permitted on monument signs, channel letters and channel logos only (2) Signs without channel letters and channel logos shall only be externally illuminated. (3) The permitted range of sign illumination shall be between 5 and 20 candelas per square foot of sign area, except for business properties that have property frontage on Pacific Coast Highway where a maximum of 70 candelas /square foot is permitted. (4) Lighting shall be energy efficient, and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the boundaries of the site, and shall be directed downward and away from adjoining properties and public rights -of way. No lighting on private property shall produce an illumination level greater than 1 footcandle on any property within a residential zoning district except on the site of the light source. (5) A luminance report shall be prepared by a licensed engineer and submitted to the Director of Development Services within 90 days of the installation of any internal or external illuminated sign indicating compliance with subsections (3) and (4), above. Such report shall include the method of measurement, results of said measurement, and, if the measurement exceeded the provisions of subsection (3) above, the actions taken and resulting measurement information to achieve compliance with said subsection (3). k. Outlining of buildings or components of buildings (i.e., doorways, windows, rooflines, architectural features, etc.) by string lighting shall not be considered sign illumination, but shall be approved through the Minor Plan Review process. 1. Additional Review. (1) A Minor Plan Review approval by the Planning Commission shall be required for ZTA 05- 3.Main Street Sign Standards 17 Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 the signage for a new structure, or a conversion of an existing structure into 'separate tenant spaces, that will establish or create 2 or 3 separate tenant spaces. In making its determination, the Planning Commission shall consider such factors as the size, location and design of the proposed signs; the type of businesses to which the signs will pertain; the architectural character of the site and surrounding buildings; and • the type of other permitted signage in the vicinity of the site. (2) A Planned Sign Program shall be required for the signage of a new structure, or a conversion of an existing structure into separate tenant spaces, that will establish or create 4 or more separate tenant spaces, pursuant to subsections C and D of Section 28 -1803. When property falls under an adopted planned sign program, the above subparagraphs a through 1 and Section 1804.D.4 do not apply. 6. Temporary Window Signs: a. Combinations of permanent and temporary window signs shall not cover more than 30 percent of any window (50% during December). b. No more than one temporary window sign is allowed per window; c. Commercial temporary window signs shall not be posted more than times per calendar year, d. Commercial temporary window signs shall not be posted more than 30 days for each period; e. A Temporary Sign Permit approval is required to post commercial temporary window signs." Section 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. 18 ZTA 05- 3.Main Street Sign Standards Ordinance Number 1543 Zone Text Amendment 05 -3 New Sign Regulations — Citywide and Main Street February 13, 2006 Section 11. The City Clerk shall cause this ordinance to be published in accordance with applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of February , 2006. 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 Ordinance is an original copy of Ordinance Number 1543 on file in the office of the City Clerk, introduced at a meeting held on the 23rd day of January , 2006, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the 13th day of February , 2006 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 19 ZTA 05- 3.Main Street Sign Standards • • PUBLIC HEARING PROCEDURE AND SCRIPT CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) 1) ACTIONS PRIOR TO HEARING AND ELECTION: a) City Clerk executes "CONCURRENCE OF CITY CLERK OF THE CITY OF SEAL BEACH ACTING IN THE CAPACITY OF ELECTIONS OFFICIAL WITH REGARD TO A SPECIAL ELECTION IN CONNECTION WITH CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005:-01 (PACIFIC GATEWAY BUSINESS CENTER) ". b) City Clerk keeps this concurrence on file. 2) HEARING AND RELATED ACTIONS: a) Mayor Opens Public Hearing Mayor: "It is now in order for me to open the public hearing on: • the establishment of the City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center), • the extent of the District, • the furnishing of specified types of public facilities and services within • • the District, • the proposed rate and method of apportionment of the special tax; • and the proposed incurrence of bonded indebtedness in an amount not to exceed $10,000,000 in connection with the District." b) City Clerk Reports Proper Noticing Of Hearing Mayor: "Madame Clerk, has notice of this hearing been given in accordance with applicable law ?" • City Clerk: "Yes. As required by the Mello -Roos Community Facilities Act and by prior resol ion of this council, notice of this hearing was published once in the M , on January J , 2006, and notice was mailed to the landowner(s) within the District on January 5 441 2006." Mayor:.. "The public hearing is now officially opened. We will first have presentations by staff and consultants about the District. After that, we will receive comments and questions and any protests from any interested persons. When all comments have been received, the public hearing will be closed." c) Staff Report / Consultant's Report • d) Public Testimony S7296- 1106/866669 1 • Mayor: • "The floor is now open to testimony from members of the public. At this time, all interested persons or taxpayers may approach the podium and testify orally or in writing for or against: • J� • the establishment of the District, '. V • the extent of the District, J.: V • the furnishing of specified types of public facilities or services to serve the District, ` • the proposed rate and method of apportionment of the special tax, and • the incurrence of bonded indebtedness." e 4 - 1 \ e) Public Hearing Closed (Requires Motion, Second, Vote) ' 0 Confirmation That There Is No Majority Protest Mayor: 'Madame Clerk, does a majority protest exist: • against the establishment of the District, • against the furnishing of a specified type or types of public facilities or services to serve the District, or • against levying a specified special tax within the District ?" City Clerk: " No written protests have been received from the landowner(s) within the District, therefore a majority protest does not exist." 3) CONSIDERATION OF RESOLUTIONS Mayor: -= "At this time, because a majority protest does not exist, it is appropriate for the City Council to consider resolutions to form the District, to declare the necessity to incur bonded indebtedness within the District, and to call a special election within the District." (City Council considers resolutions in the following order) a) R ion No. 5 4 3 t yy j F T A RESOLUTION ORMA OF H CITY OF THE I OF B T O ESTABLISH esolut CI FO OF SEAL TI BEACH N T CO MMUNI TY E ITY COUNCI FACILITIES DIST N E OA . 2005 - 01 EACH (PACIFIC GATEWAY BUSINESS CENTER), TO MAKE ENVIRONMENTAL FINDINGS WITH RESPECT THERETO PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, TO ESTABLISH AN APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE LEVY OF A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND THE LEVY OF A SPECIAL TAX TO THE QUALIFIED ELECTORS THEREOF 4?) b) Resolution No. `Ia 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH TO DECLARE (. j'� THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN CITY OF SEAL BEACH S7296- 1106/866669 2 • v- COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) g Q Resolution No. 5 4,1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CALLING A ,0 SPECIAL ELECTION WITHIN CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2005 -01 (PACIFIC GATEWAY BUSINESS CENTER) 4) HOLD ELECTION AND CANVASS ELECTION a) Opening of Election Mayor: , "Pursuant to Resolution No. 5 the election for the incurring of the bonded indebtedness, the levy. of the special tax, and the establishment of the appropriations limit for City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) is now open and•the Clerk may conduct the election." b) City Clerk receives Ballot from landowner. c) Closing of Election Mayor? "Madame Clerk, have you received the ballot from the landowner in the District ?" City Clerk: "I have received the ballot, and finding that all ballots in the election havee. been submi ed do declare the election closed." f ki 4 402(P , � ut v Mayor: "Could the Clerk and the Canvassing Board an canvass the ballots ?" d) The Canvassing Board, consisting of City Clerk (or Deputy) and three other members (`ia►t' " _ appointed by the City Clerk: i) Verify the information on the "Identification Envelope for Return of Mail Ballot" ii) Separate `Ballot Envelope" from "Identification Envelope" iii) Open the Ballot and count the votes iv) City Clerk (or Deputy) executes the "CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS" 5) ACTIONS FOLLOWING ELECTION a) Reporting of election results • S7296- 1106/866669 3 . , 1 1 City Clerk: "The canvassing board for the City of Seal Beach Community Facilities District No. 2005 -01 (Pacific Gateway Business Center) special election held on January 23, 2006 has completed its canvass of the ballots. The canvass was as follows: "On Proposition A, tk6votes were cast in support of the proposition and 0 votes were cast in opposition to the proposition. Therefore, Proposition A was [approved] / [not approved] with pct % vote in favor." "On Proposition B, L4-votes were cast in support of the proposition and 0 votes were cast in opposition to the proposition. Therefore, Proposition B was [approved] / [not approved] with a /oo % vote in favor." b) Consideration of Resolution Declaring Results Of Election Re No v 'a,(,, A R RESOLUTION . OF THE CITY E CH IN I , RE SULTS OF A S PE CIAL ELECTION COUNCIL IN CITY OF OF TH SEAL CITY BEACH OF SEAL COMM FAC G THE DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) AND DIRECTING THE ' RECORDING OF A NOTICE OF SPECIAL TAX LIEN 5� c) Introduction and First Reading Of Ordinance Levying Special Tax Ordinance No. l 5 401 . AN O OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACTING IN ITS ` 11 CAPACITY AS THE LEGISLAT BODY OF CITY OF SE BEACH CO MMUNTT Y FACILITIES DISTRICT NO. 2005-01 (PACIFIC GATEWAY BUSINESS CENTER) I AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT 6 ,0 OtO)A1/1 ()di a(111) , Y10 1171.)).' (w)t/O p9, a W ) 9/1 • S7296- 1106/866669 4