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Home My WebLink AboutCC AG PKT 2004-01-26 #M AGENDA REPORT ti DATE: January 26, 2004 n TO: Honorable Mayor and City Council ' 1/ THRU: John B. Bahorski, City Manager FROM: Mac Cummins, AICP, Associate Planner SUBJECT: Community Facilities District No. 2002 -1 (Heron Pointe) — 2 Reading of Ordinance to Levy Special Taxes SUMMARY OF REQUEST: Consider and adopt 2 " reading of an Ordinance which will levy special taxes in a special tax financing district. BACKGROUND: At the January 12, 2004 meeting, the property owner for the subject property voted to levy special taxes against themselves. At the same meeting, the City Council adopted two resolutions pertaining to the Heron Pointe Special Tax District. Following this, an ordinance was introduced which set the Rate and Method of Apportionment for the district. This ordinance, required by state law, authorizes the sale of bonds and incurs indebtedness. The City will not be responsible for the debt, as it will be passed on to future homeowners in the tract via a special tax assessment which will appear each year on their tax bills. At tonight's meeting, the Council is being asked to adopt the 2 " reading of the ordinance. FISCAL IMPACT: None. All staff time and incidental costs associated with to 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 assessment levied against the new homeowners at Heron Pointe. RECOMMENDATION: Consider and adopt 2 " reading of an Ordinance which will levy special taxes in a special tax financing district. Agenda Item /if a -- --- C____., Mac Cummins, AICP, Associate Planner /Special Projects Manager NOTED A APPRO ED: ( John B r' orski, City Manager Attac ents: . An ordinance of the City Council of the City of Seal Beach, California, acting in its capacity as the legislative body of the city of seal beach community facilities district no. 2002 -01 (Heron Pointe) authorizing the levy of a special tax within that district pursuant to an amended and restated rate and method of apportionment of special taxes Agenda Item Attachment 1 An ordinance of the City Council of the City of Seal Beach, California, acting in its capacity as the legislative body of the City of Seal Beach community facilities_district no. 2002 -01 (Heron • Pointe) authorizing the levy of a special tax within that district pursuant to an amended and restated rate and method of apportionment of special taxes • Agenda Item • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT NO. 2002 -01 (HERON POINTE) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT PURSUANT TO AN AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES RECITALS: WHEREAS, the City Council (the "City Council ") of the City of Seal Beach, California (the "City"), has conducted proceedings in accordance with the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act "), for the establishment of the City of Seal Beach Community Facilities District No. 2002 -01 (Heron Pointe) (the "District "); and WHEREAS, the District was established pursuant to Resolution No. 5063 of the City Council, adopted on September 23, 2002 (the "Resolution of Formation "); and WHEREAS, the Resolution of Formation, among other things, provided a description of facilities for the District, as set forth in Exhibit A to the Resolution of Formation and prescribed a rate and method of apportionment of special tax for the District, as set forth in Exhibit B to the Resolution of Formation; and WHEREAS, the City Council previously adopted Resolution No. stating its intention to consider alterations to the rate and method of apportionment of special tax for the district (the "Resolution of Consideration "); and WHEREAS, a copy of the Resolution of Consideration making reference to and incorporating by reference the map of boundaries of the District and making reference to and incorporating by reference a proposed "Amended and Restated Rate and Method of Apportionment for City of Seal Beach Community Facilities District No. 2002 -01 (Heron Pointe)" (the "Amended and Restated RMA "), as set forth in Exhibit A to the Resolution of Consideration, is.on file in the office of the City Clerk, and is incorporated herein by reference; and WHEREAS, in accordance with the Act, notice was published and mailed to all landowners within the District regarding a public hearing (the "Hearing ") set for January 12, S7296.1085 758089v1 A -1 2004 at 7:00 p.m. or as soon thereafter as possible on the alteration of the rate and method of apportionment of special taxes for the District; and WHEREAS, prior to the Hearing there was filed with the City Council a revised report in connection with the Amended and Restated RMA containing a brief description of the facilities by type necessary to adequately meet the needs of the District, and an estimate of the fair and reasonable•costs of financing the facilities, including the cost of acquiring land and easements and any incidental expenses, and including the costs of the proposed bond financing and all other related costs, as provided for in Section 53345.4 of the Act; and • WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the Amended and Restated RMA 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 alteration of the rate and method of apportionment of special taxes for the District; and WHEREAS, subsequent to the public hearing, the City Council adopted Resolution No. which, subject to the approval of the qualified electors of the District, altered the rate and method of apportionment of special taxes for the District; and WHEREAS, on January 12, 2004, a special election was held within the District at which the qualified electors of the District approved the alteration of the rate and method of apportionment of special taxes for the District; and WHEREAS, on January 12, 2004, the City Council adopted Resolution No. which declared the results of the January 12, 2004 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 alter the rate and method of apportionment of special taxes for the District; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 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 rate and in accordance with the Amended and Restated RMA set forth in Exhibit A to the Resolution of Consideration, which is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein. Section 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 Amended and Restated RMA but the special tax may be levied at a lower rate. Section 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 Amended and Restated RMA and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. Section 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. Section 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 in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments. Section 7. Authorization. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act. Section 8. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2004. Mayor City of Seal Beach ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number - on file in the office of the City Clerk, introduced at a meeting held on the day of 2004, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on day of , 2004 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 •